Effective Date: July 2018
The Company is a global company, whose operating service are based in France. As such, we may transfer and access such Personal Data from around the world, including from other countries. In transferring your Personal Data, we will rely on lawful measures to transfer your Personal Data outside the EEA and France. If you are visiting the GeminID Service from the USA or other regions with laws governing data collection and use, please note that by providing this Personal Data, you acknowledge that your Personal Data may be transferred to the EEA, France and other jurisdictions in which we operate.
We collect the following types of information below through your use of the GeminID Service.
Personal Information. “Personal Information” is information relating to an identified or identifiable natural person. This might be by reference to an identifier such as a name, ID number, location data or online identifier, or by factors specific to them, such as their physical, genetic, economic or social identity. Personal Information may be transmitted or received when you use the GeminID Service. Personal Information potentially includes your geographic location information, names, physical addresses, email addresses, telephone, fax and other device numbers pertaining to you or another person; and information, messages, images, photos, files and other content (including any location information and other metadata pertaining to such items) that you transmit or receive using the GeminID Service which identifies you or another person.
Personal Information also includes information about you or others that may be accessed by our system directly from your device, including data gathered from photo or videos, depth sensors and/or facial mapping tools.
We collect Personal Information if you provide it directly to us via email or through the GeminID Service. We may also collect Personal Information when you send us messages, comments, questions or suggestions or if you participate in blogs, forums, message boards, chat rooms, profile pages and other services within which you are able to post information, if any, through the GeminID Service. We may also collect Personal Information through certain features of the GeminID Service (and in some instances will allow you to opt out of such collection or retention of certain Personal Information).
We may ask you to submit (or we may ask your permission to take) a photo, facial scan, or other image of you. We may also analyze the photographs or other pictures you submit through the GeminID Service in order to improve the GeminID Service, including improving the quality of its algorithms. All such data is anonymized. We shall not use such data for any other purpose, including for purposes of advertising.
We only collect “sensitive” personal information when you voluntarily provide us with this information or where such information is required or permitted to be collected by law or professional standards. Sensitive information includes personal information regarding a person's race, ethnicity, political, philosophical religious or similar beliefs, trade union membership, physical or mental health, sexual life, sexual orientation, or criminal record. Please use your discretion when providing sensitive information to the Company, and under any circumstances, do not provide sensitive information to the Company, unless you thereby consent to the our use of that information for its legitimate business purposes and consent to the transfer and storage of such information to and in our databases. If you have any questions about whether the provision of sensitive information to us is, or may be, necessary or appropriate for particular purposes, please contact us at firstname.lastname@example.org.
Non-Personal Information. “Non-Personal Information” is information that does not identify you or any other individual, and includes Session and Usage Data, Log Data and Aggregate Information, each as described below.
Session and Usage Data. “Session and Usage Data” is information about your use of the GeminID Service and includes, without limitation, connection and service-related data submitted to us through your use of the GeminID Service. Session and Usage Data includes information relating to the connection request, server communication and data sharing, including network measurements, quality of service, and date, time and location of the transmission. We also may aggregate Session and Usage data as described in Aggregate Information below. Please note that Session and Usage Data does not include any Personal Information nor does it include Content you may transmit or share through the use of the GeminID Service (such as photos, contacts, calendar appointments, etc.).
Log Data.When you interact with us or use the GeminID Service, our systems may automatically collect Your unique Device number, the IP address, type of browser or operating system you use, and the dates and times of your use (“Log Data”).
Aggregate Information.“Aggregate Information” is data we collect about a group or category of services or Users from which individual User identities have been removed. In other words, information on how you use the Applications, the Services and the Site may be collected and combined with information about how others use the Applications, the Services and the Site, but no personally identifiable information will be included in the resulting Aggregate Information. Aggregate Information helps us understand trends in our Users' needs so that we can better consider new features or otherwise tailor the the GeminID Service.
Cookies.A cookie is a small text file that is stored on a user's computer for record-keeping purposes. We use both session ID cookies and persistent cookies on the GeminID Service. Session ID cookies expire when you close your browser. Persistent cookies remain on your hard drive for an extended period of time. You can remove persistent cookies by following directions provided in your Internet browser's "help" file. Cookies provide us with information on your use of the GeminID Service, including the time and length of your visit, the pages you look at on the GeminID Service, the website you visited just before coming to ours, and the name of your Internet service provider.
We use session cookies and tokens to make it easier for you to navigate the GeminID Service. We use persistent cookies and tokens to store your username, so you don't have to enter it more than once, and to track and target your interests, to evaluate the performance of the GeminID Service, and to tailor promotions and other marketing messages to you and enhance your experience on the GeminID Service.
You can reject cookies by adjusting the preference settings in your browser. If you reject our cookies, you may not be able to take full advantage of certain features available on the GeminID Service, such as contests and surveys. You can learn more about interest-based advertising by visiting http://www.networkadvertising.org/managing/opt_out.asp and http://www.aboutads.info/choices.
Personal Information. We may use your Personal Information:
•to respond to your inquiries, fulfill your requests, provide services, or complete transactions you have requested.
•to send you information regarding the GeminID Service, technical release, legal changes to our terms, conditions, and Policies and/or other administrative information.
•to resolve problems with the GeminID Service.
•to create an individual profile and provide personalized services, and to create and inform you of new products and services from us that better meet your needs.
•to suggest that you use or take advantage of certain features within the GeminID Service.
•as we believe to be necessary or appropriate: (a) in any manner permitted under applicable law, including laws outside your country of residence; (b) to comply with legal process; (c) to respond to requests from public and government authorities, including public and government authorities outside your country of residence; (d) to enforce our terms and conditions; (e) to protect our operations; (f) to protect our rights, privacy, safety or property, and/or that of our affiliates, you or others; and (g) to allow us to pursue available remedies or limit the damages that we may sustain.
When you submit (or grant us permission to take) a photo, video, facial scan, or other image of you :
•we do not store these data longer than is necessary to fulfill the considered service, including to control the animations or simulations of a 3D model or to evaluate the quality, robustness and interoperability of our services.
•we do not share those photos, scans, or images, or any facial data captured, with any third parties.
Non-Personal Information. We may use Non-Personal Information for any purpose, including for our own internal purposes; to measure traffic patterns; to understand demographics, customer interest, and other trends among our Users; to provide, improve and modify the GeminID Service; and for promotion and marketing purposes. In some instances, we may combine Non-Personal Information with Personal Information (such as combining your name with your unique Device number). If we combine any Non-Personal Information with Personal Information, the combined information will be treated by us as Personal Information as long as it is combined with any Personal Information.
We use your personal data, we may process your personal data on one or more of the following legal grounds: (i) because processing is necessary to perform a contract with you, such as to deliver GeminID Service; (ii) to comply with our legal obligations; (iii) because processing is necessary for purposes of our legitimate interest or those of any third party recipients that receive your personal data, provided that such interests are not overridden by your interests or fundamental rights and freedoms. We may also process your data based on your consent where you have expressly given that to us.
Personal Information. In general, we use Session and Usage Data internally to serve our Users and enable them to take maximum advantage of the GeminID Service. We also store Personal Information to improve the functionality of the GeminID Service. All information collected is stored in our database and may be archived elsewhere. We may disclose your Personal Information to:
• our third party service providers who provide services such as Web site hosting, maintenance, data analysis, payment processing, order fulfillment, infrastructure provision, IT services, customer service, email delivery services, credit card processing, auditing services and other similar services, but only to the extent necessary or useful to provide such services, and only pursuant to contractual obligations requiring such third parties to maintain the privacy and security of your Personal Information.
• to identify you to anyone to whom you send messages through the GeminID Service.
• to identify you to other Users of the GeminID Service to suggest you or they take advantage of certain features within the GeminID Service.
• provided by you through the GeminID Service freely and without limitation. Please note that any Personal Information you post or disclose on Forums will become public information, and may be available to the Users of the GeminID Service. We urge you to be very careful when deciding to disclose your Personal Information, or any other information, on the GeminID Service.
• to a third party in the event of any reorganization, merger, sale, joint venture, assignment, transfer or other disposition of all or any portion of our business, assets or stock (including in connection with any bankruptcy or similar proceedings).
• as we believe to be necessary or appropriate: (a) under applicable law, including laws outside your country of residence; (b) to comply with legal process, whether originating in the French & EEA or other territory; (c) to respond to requests from public and government authorities, including public and government authorities outside your country of residence; (d) to enforce our terms and conditions; (e) to protect our operations or those of any of our affiliates; (f) to protect our rights, privacy, safety or property, and/or that of our affiliates, you or others; (g) to allow us to pursue available remedies or limit the damages that we may sustain; and (h) if we reasonably believe that an emergency involving immediate danger of death or serious physical injury to any person requires immediate disclosure of communications or your Personal Information exists.
Non-Personal Information. We may disclose Non-Personal Information for any purpose. In some instances, we may combine Non-Personal Information with Personal Information (such as combining your name with Your unique Device number). If we combine any Non-Personal Information with Personal Information, the combined information will be treated by us as Personal Information as long as it is combined with Personal Information.
In general, the GeminID Service accesses third party information through application interfaces. We may provide links to third party Web sites as a service to our Users. The Site may also carry advertisements from other companies. When you click on links of third parties in the GeminID Service, you may leave the GeminID Service. Some of these third party sites may be cobranded with our name/logo or our affiliated entity's name/logo, even though they are not operated or maintained by us. This Policy does not address, and we are not responsible for, the privacy practices of web sites operated by third parties, whether they are linked to or otherwise accessible from the GeminID Service. The inclusion of a link or accessibility of third party web sites does not imply endorsement of such third party web site by us.
We cannot control the actions of other Users with whom you share your information. We cannot, and do not, control the information you share with other Users using the GeminID Service or how such other Users will use or share such information. We are not responsible for third party circumvention of our security measures. Any information you send to other Users will show up on other User’s devices and these communications are also stored on our servers. Even if you remove this content from your device or account, copies of this information will remain viewable on the devices of third party users with whom you have communicated and will be stored on our servers for a period of time. Therefore you should be aware that information that you send to other Users cannot be removed from their devices unless the other User removes the data.
If you wish to change any of your personal information we have on file in our records, other than that available to you and capable of being modified through the GeminID Service, you may contact us at email@example.com. To protect your privacy and security, we may take reasonable steps to verify your identity prior to making corrections. You are entitled to be informed or and have access to any of your personal information in our custody or control. Upon written request, we will provide you with your personal information under our custody or control, as well as information regarding how your personal information is being used and the identity of any third party(s) to whom that information has been disclosed. Please note that we may not be able to provide access to personal information in certain circumstances, such as if the personal information was collected for the purposes of an investigation, if disclosure would reveal the personal information of a third party, or if prohibited by law. To protect your privacy and security, we may take reasonable steps to verify your identity prior to providing such access.
In addition to rights with respect to your personal data already noted elsewhere in this policy, for those individuals residing in the European Economic Area, you have certain additional rights under the General Data Protection Regulation (GDPR):
•Restrictions on Further Processing. You have the right, where there is a dispute in relation to the accuracy or basis of processing of your personal data, to request a restriction on further processing by us.
•Erasure. You have the right to erasure of your personal data (“right to be forgotten”) in certain circumstances.
•Data Portability. You have the right to request that personal data that you have provided to us be returned to you, or be provided to another third party of your choice, in a structured, commonly used and machine-readable format.
•Automated Decision-Making. You have the right not to be subject to a decision based solely on automated decision-making. In connection with such right, you may have the right to request human intervention with respect to such automated decision-making, as well as express your point of view or contest any such automated decision-making.
•Opt-out of Direct Marketing / Profiling. You may elect to “opt out” of direct marketing activities, including any profiling we may conduct for direct marketing purposes. Accordingly, we may rely on your consent permitting us to process your information in accordance with this policy for direct marketing, including profiling for direct marketing, unless you take affirmative action to opt out of such processing. You may opt out at any time by contacting our Data Privacy Officer or EU Representative, as provided further below.
•Lodge Complaints with Supervisory Authorities. You have the right to lodge a complaint with a data protection supervisory authority in your country.
We take reasonable measures, including administrative, physical and technical safeguards, to protect your information from loss, theft, misuse, unauthorized access, disclosure, alteration and destruction. Please be aware that no security measures that we take to protect your information is absolutely guaranteed to avoid unauthorized access or use of your Personal Information or is impenetrable. In particular, at this point we cannot guarantee that a third party may not access your 3D Avatars or the pictures/photographs you submit.
We will retain your personal information for as long as is needed to fulfill the purposes outlined in this Policy, unless a longer retention period is required or permitted by law (such as tax, accounting or other legal requirements). When we have no ongoing legitimate business need to process your personal information, we will either delete or anonymize it, or, if this is not possible (for example, because your personal information has been stored in backup archives), then we will securely store your personal information and isolate it from any further processing until deletion is possible. For personal information that we process on behalf of our Users, we will retain such personal information in accordance with the terms of our agreement with them, subject to applicable law.
The GeminID Service is not directed to children under 13 years of age. If you become aware that your child under 13 has provided us with personal information without your consent, please contact us at firstname.lastname@example.org. We do not knowingly collect personal information from children under 13. If we become aware that a child under 13 has provided us with personal information, we take steps to remove such information and terminate the child's account. By using the GeminID Service, you are representing to us that you are not under the age of 13. If you are under 13 years of age, you are not authorized to use the GeminID Service and must immediately delete the Software from your Devices. We recommend that minors, who are 13 years old but under 18 years old, ask their parents or legal guardians for permission before sending any information about themselves to us or anyone else through the GeminID Service.