PRIVACY POLICY

Privacy Policy – Emotionall

This Privacy Policy explains how Emotional Technologies LLC, a State of Florida LLC Corporation, addressed at 2420 Brickell Ave., Apt. 104B (hereinafter, “Emotionall,” “we,” “us,” or “our”) collect, use, share and process your information as well as the rights and choices you have associated with that information. This Privacy Policy applies to all personal information collected during any written, electronic, and oral communications or collected online, through our mobile application Emotionall Mobile Application (“the App”), our website (“the Site”) as well as any other written, electronic, and oral communications with Emotionall and its representative parties relating to your use of the App and the Emotionall services (the “Services”). Please note that all payments on the Emotionall App are processed by third-parties payments processor as described in Section 11. This Policy does not apply to other websites that may be linked to or from this App or Services, and does not cover information that may be collected through software downloaded from this App or Services; nor does this Privacy Policy apply to practices of entities that we do not control or to people we do not employ or manage.

Please read our Terms and of Service and this Policy before accessing or using our Services. If you cannot agree with this Policy or the Terms of Service, please do not access or use our Services. If you are located in a jurisdiction outside the European Economic Area, Switzerland or the United Kingdom (“European Countries”), by using our Services, you accept the Terms of Service and accept our privacy practices described in this Privacy Policy.

We may modify this Policy at any time, without prior notice, and changes may apply to any personal information we already hold about you, as well as any new personal information collected after the Policy is modified. If we make changes, we will notify you by revising the date at the top of this Privacy Policy. We will provide you with advanced notice if we make any material changes to how we collect, use or disclose your personal information that impact your rights under this Policy. If you are located in a jurisdiction other than the European Countries, your continued access or use of our Services after receiving the notice of changes, constitutes your acknowledgement that you accept the updated Privacy Policy.

In addition, we may provide you with real time disclosures or additional information about the Personal Information handling practices of specific parts of our Services. Such notices may supplement this Policy or provide you with additional choices about how we process your Personal Information.

1. Personal Information We May Collect

We collect personal information when you use our Services, create an account with us or submit personal information when requested with the App. Personal information generally is any information that relates to you, identifies you personally or could be used to identify you, such as your name, email address, phone number, address and payment account number. The definition of personal information varies by jurisdiction. Only the definition that applies to you based on your location applies to you under this Privacy Policy. Personal information does not include data that has been irreversibly anonymized or aggregated so that it can no longer enable us, whether in combination with other information or otherwise, to identify you.

The types of personal information that we may collect about you include:

A. Information You Directly and Voluntarily Provide to Us to execute the purchase or services contract. We collect your personal information you give us when you register in the App or use our Services. This information will include your first and last name, gender, age, country, mailing address, email address, phone number, password, payment account or credit card information. In some regions, passport information and tax numbers are also needed for customer clearance. We may also collect personal information when you communicate with any of our departments such as customer service, or when you complete online forms or surveys provided on the App. You may also choose to provide your email address to us if you would like to receive information about the products and services that Emotionall offers.
B. Information You Post on the App. If you post information on public areas of the App, that information may be collected and used by Emotionall, users of the App, and the public generally. We strongly recommend that you do not post any information through the App that allows strangers to identify or locate you or that you otherwise do not want to share with the public.
C. Information Automatically Collected Through the App. If you access the App through a mobile device, we may be able to identify the location of your mobile device. You may choose not to share your location details with us by adjusting your mobile device’s location services settings. For instructions on changing the relevant settings, please contact your service provider or device manufacturer. Please see section 2 below to learn more about our automatic Personal information processing activities. We also may obtain information about you, if you create or log into your account through a social media service account. In these cases, we will have access to certain information from that account, such as your name and other account information, in accordance with the authorization procedures set by that social media authentication service.
D. Combination and automated information. We may also combine the information we collect among our services and across your devices and use different technologies to process your information for the purposes described above. We also use automated systems to assess the security of your account and provide you suggestions to improve the security of your account.
E. Health Data. We may also collect information about you, including demographic information, that may identify you and that relates to your past, present or future physical or mental health or condition (“Health Data”). This Health Data is collected for the purposes of providing the Services to you or providing you with analytics about your wellbeing. Your Health Data will not be used for any other purposes, nor will it be combined with other data.

2. Cookies and Other Tracking Technologies

We may use cookies, tags, and similar technologies to automatically collect information on our App and/or Site. These tracking technologies allow our technology partners to collect information including your IP address, your mobile device identifier, the type of internet browser you are using, operating system, referral URLs, date/time stamps, pages viewed, and simple keyword tags. Cookies or tags are bits of code that allow our technology partners to collect information including your IP address, your mobile device identifier, the type of internet browser you are using, operating system, referral URLs, date/time stamps, pages viewed, and simple keyword tags. We also use web pixels to analyze usage patterns on our App.

The technologies we may use for this automatic data collection may include:

  • Cookies (or browser cookies). A cookie is a small file placed on the hard drive of your device. You may refuse to accept browser cookies by activating the appropriate setting on your browser. However, if you select this setting you may be unable to access certain parts of our App or the Site.
  • Flash Cookies. Certain features of our App or Site may use local stored objects (or Flash cookies) to collect and store information about your preferences and navigation to, from, and on our App or Site. Flash cookies are not managed by the same browser settings as are used for browser cookies.
  • Web Beacons. Pages of our Site and our e-mails may contain small electronic files known as web beacons (also referred to as clear gifs, pixel tags, and single-pixel gifs) that permit us, for example, to count users who have visited those pages and for other related website statistics (for example, recording the popularity of certain Site content and verifying system and server integrity).
  • Analytics. We may use third-party service providers to monitor and analyze the use of our App or Site. Currently, we are employing the services provided by MixPanel. MixPanel is an event analytics service provider that tracks and monitors user interactions across our Site and/or App. For more information regarding MixPanel’s privacy policies, please visit the MixPanel privacy policy: https://mixpanel.com/legal/privacy-policy.
  • Do Not Track (“DNT”). Is a preference that you can set in certain web browsers. This is a way for you to inform us that you do not want information about your accesses to be collected. Our Site does not currently process or respond to DNT signals received for multiple web browsers.
  • Location Information. You may be able to adjust the settings of your device so that information about your physical location is not sent to us or third-parties by (a) disabling location services within the device settings; or (b) denying certain websites or mobile applications permission to access location information by changing the relevant preferences and permissions in your mobile device or browser settings. Please note that your location may be derived from your WiFi, Bluetooth, and other device settings. See your device settings for more information.

In our privacy policies, we incorporate these key privacy principles:

  • Data Minimization: We gather only the essential data needed to provide our Services.
  • User Transparency and Control: Users are informed about the data they share, its purpose, and we grant them the ability to manage it. We do not “sell” the personal information we collect.
  • On-Device Processing: Handling data locally on the device whenever feasible, rather than transmitting it to external servers, safeguarding user privacy and reducing data collection.
  • Security: Collaboration between hardware and software components to maintain data integrity and confidentiality.

    Furthermore, to exercise your choices, you have the option to utilize our cookie and/or tracking technologies preferences tool in accordance with Apple’s App Tracking Transparency Policy (ATT). Additionally, you can modify your mobile device settings to restrict ad tracking, if applicable.

3. How We Use Your Personal Information

We will only use your personal information as described in this Privacy Policy or as disclosed to you prior to such processing taking place.

A. To Provide You Our Services. We will use your personal information to provide information or perform Services that you request, including managing your request as a registered user of our App or Site. If the applicable information is to be provided or Services are to be performed by a third party, then we will disclose the applicable information to the third party providing the information or performing applicable Services. All third parties that we work with are contractually obligated to protect your information as disclosed in this Privacy Policy.
B. For Internal Use. We use your personal information for the purposes of furthering our business, including improving our App’s content and functionality by analyzing where, on which types of devices and how our App is used, how many visitors we receive, and where they click through to the App from. We also use it to remember you in case you re-visit our Site, so we will know if you have already been served with surveys, or (where Site content is undergoing testing) which version of the content you were served.
C. To Provide You with Service-Related Communications. We will send you administrative or account-related information to keep you updated about your account and the Services. Such communications may include information about Privacy Policy updates, confirmations of your account actions or transactions, security updates or tips or other relevant transaction-related information. We process your contact information to send you such communications. Service-related communications are not promotional in nature. Please consider that we do need to send you certain communications related to the Services, such as communications regarding updates to our Terms of Service or this Privacy Policy, and you will not be able to opt out of those communications. If you sign up to receive promotional materials from us via email, we will use the information you give us to provide the communications you have requested. You will have the opportunity to opt-out; if you no longer wish to receive push notifications, you may turn them off at the device level.
D. To Provide Customer Support or Respond to You. We collect any information that you provide to us when you contact us. Without your personal information, we cannot respond to you or ensure your continued use and enjoyment of the Services.
E. To Ensure the Security of the Services. We care about keeping you secure and safe while using our Services. Keeping you safe requires us to process your personal information, such as your device information, activity information and other relevant information. We use such information to combat spam, malware, malicious activities or security risks; improve and enforce our security measures; and to monitor and verify your identity so that unauthorized users do not gain access to your information. We cannot ensure the security of our Services if we do not process your personal information for security purposes.
F. To Enforce Compliance with Our Terms and Agreements or Policies. When you access or use our Services, you are bound to our Terms of Service. To ensure you comply with them, we may process your personal information by actively monitoring, investigating, preventing and mitigating any alleged or actual prohibited, illicit or illegal activities on our App. Subject to the applicable law, we may also process your personal information to: investigate, prevent or mitigate violations of our internal terms, agreements or policies and enforce our agreements with third parties and business partners.
G. To Maintain Legal and Regulatory Compliance. Our Services are subject to certain laws and regulations which may require us to process your personal information. For example, we process your personal information to pay our taxes, to fulfill our business obligations, ensure compliance with employment and recruitment laws or as necessary to manage risk as required under applicable law. Without processing your personal information for such purposes, we cannot perform the Services in accordance with our legal and regulatory requirements.

4. Health Data

We will only use your Health Data for the purposes of providing the Services to you, Your Health Data will not be used for any other purposes, nor will it be combined with other data. We will not use or disclose to third parties Health Data for advertising, marketing, or other use-based data mining purposes other than improving health management, or for the purpose of health research, and then only with your permission.

The specific Health Data that we are collecting from you is the following:

  • Moods or affective states
  • Sleep habits
  • Eating habits
  • Sexual activities
  • Physical Exercise
  • Menstruation
  • Work routines

If you use an Apple device then it may contain the Apple ‘HealthKit’ functionality and API, which enables various apps to record and share data about your health and wellbeing if you authorize or require them to do so. If you authorize us, we may use Apple’s HealthKit APIs to read certain data from the Health Data database on your device.

If you use an Android device then it may contain the Google Fit functionality and API, which is a central repository that stores data from a variety of devices and apps and could share Health Data if you authorize or require them to do so. If you authorize us, we may use Google Fit API’s to read certain data from the Health Data database on your device.

We will not use Health Data gained through the use of HealthKit, Google Fit or any other application for advertising or similar services. Emotionall will not disclose any Health Data to third parties without express permission from the user. Emotionall do not sell Health Data to advertising platforms, data brokers, or information resellers.

5. Sharing Your Personal Information

Other than sharing your personal information so that you can use our Services, or as required or permitted by law, we do not share personal information about you with non-affiliated third parties. We may disclose your personal information as described below.

A. Third Parties. We may share your personal information with third-party service providers acting on our behalf to help us operate our Services. Service providers and vendors provide us with support services such as website hosting, email delivery, analytics services, conducting surveys and research, and performing network maintenance. These third parties can only use your data in accordance with our written instructions and must comply with the information security protections we have put in place.
B. To Maintain Legal and Regulatory Compliance. We have the right to disclose your personal information as required by law, or when we believe that disclosure is necessary to protect our rights and/or comply with a judicial proceeding, court order, request from a regulator or any other legal process served on Emotionall. If there is a takeover, sale or purchase of our business, we may disclose your personal information to the new (or prospective) owner of the business.
C. Third Party Advertisers. In certain circumstances, and subject to the applicable law, we may share your personal information with third parties to market their products or services to you.
D. Consent. We may disclose your personal information for any purpose with your consent.

Your personal information may be transferred to, and maintained on, computers located outside of your state, province, country or other governmental jurisdiction where the privacy laws may not be as protective as those in your jurisdiction. If you are located outside the United States and choose to provide your personal data to us, we may transfer your personal data to the United States and process it there. If you would like more information about how your personal data is transferred, contact us at support@emotionall.co

6. Data Minimization and Access

We only request access to data and information relevant to the core functionality of the App and we only collect and use data that is required to accomplish its purposes. We respect your permission settings and we will not attempt to manipulate, trick, or force you to consent to unnecessary data access.

7. Security Precautions

We maintain physical, electronic, and procedural safeguards designed to guard and prevent misuse of your personal information. Our security measures include industry-standard physical, technical and administrative measures to prevent unauthorized access to or disclosure of your information, to maintain data accuracy, to ensure the appropriate use of information, and otherwise safeguard your personal information. We restrict access to your non-public personal information to those employees and third parties who need such information to provide products or Services.

Please recognize that protecting your personal information is also your responsibility. We ask you to be responsible for safeguarding your password, secret questions and answers and other authentication information you use to access our Services. We take reasonable administrative, physical and electronic measures designed to protect the information that we collect from or about you from unauthorized access, use or disclosure. No method of transmitting information over the Internet or storing information is completely secure and accordingly, we cannot guarantee the total security of any information.

If you feel that the security of your account or personal data has been compromised, please immediately contact us at the following email address support@emotionall.co. Please be aware that, despite our best efforts, no security system is impenetrable. In the event of a security breach, we will promptly notify you and the proper authorities if required by law.

8. Your Rights

We take reasonable steps to ensure that your personal information is accurate, complete, and up to date. You have the right to

  • Access: You may, at any time, request access to the personal information that we process or storage about you.
  • Correct: You may, at any time, request that we correct personal data that we hold that it is incorrect or inaccurate.
  • Delete: Also known as the right to be forgotten, you may require us to erase personal information if you do not consider that we need to continue retaining it.
  • Refuse: You may refuse to the processing of your data or personal information. We process your personal information on the basis of a legitimate interest. You are entitled to ask us to stop processing it.
  • Portability: If you want to transfer certain personal data that we hold about you, which is processed by automated means, to a third party you may write to us and ask us to provide it to you in a commonly used format.
  • Stop receiving communications: if we send you e-mail marketing communications or other electronic messages, you have the right to opt-out at any time. You can do this by using the “unsubscribe” link that appears in the communications or by the equivalent mechanism in those communications.

To protect the privacy and the security of your personal information, we may request data from you to enable us to confirm your identity and right to access such data, as well as to search for and provide you with the personal data we maintain. There are instances where applicable laws or regulatory requirements allow or require us to refuse to provide or delete some or all of the personal information that we maintain. You may Contact Us to exercise your rights. You may update certain account information by logging into the App or contacting us at support@emotionall.co. If you wish to disable your account, please contact us at support@emotionall.co, but please bear in mind that we retain certain information when it is required or permitted by law.

9. Retention

We will retain your personal information only for as long as is necessary for the purposes set out in this Privacy Policy. We will retain and use your personal information to the extent necessary to comply with our legal obligations (for example, if we are required to retain your data to comply with applicable laws), resolve disputes and enforce our legal agreements and policies.

If you send us correspondence, including emails, we may retain such information electronically in the records of your account. We will also electronically retain customer service correspondence and other correspondence from Emotionall to you. We may retain these records to measure and improve our customer service and to investigate potential fraud and violations. We may, over time, delete these records as permitted by law.

Emotionall will also retain App and Services usage data for internal analysis purposes. Usage data is generally retained for a shorter period of time, except when this data is used to strengthen the security or to improve the functionality of our App and/or Site, or we are legally obligated to retain this data for longer periods.

10. Third-Party Websites

Our App or Site may contain links to third-party websites. This Privacy Policy does not apply to those third-party sites. We recommend that you read the privacy statements of any other sites that you visit, as we are not responsible for the privacy practices of those sites.

11. Third Parties Payment Processing

When you make acquisitions or purchases through the App, we process your payment through a third-party payment application, such as Apple App Store, Google Play App Store and other third-parties payment processors, such as Stripe and PayPal. These third parties may collect certain personal and financial information from you to process the payment on our behalf. Please bear in mind that This Privacy Policy does not apply to those third-party payment processors.

12. Children

Our Services are not directed to, and we do not knowingly collect personal information from, individuals under the age of 18 or the age of majority in your province, territory or country. If you do not fulfill this requirement, please do not attempt to fill out our forms or send any personal information about yourself to us. If we become aware that an individual under 18 or the age of majority in your province, territory or country has provided us with personal information, we will take steps to delete such information from our files.

13. Notice for California Residents

This section applies only to California residents. Pursuant to the California Consumer Privacy Act of 2018, as amended (“CCPA”), below is a summary for the last twelve (12) months of the personal information categories, as identified and defined by the CCPA (see California Civil Code section 1798.140 (o)), that we collect, the reason we collect the personal information, where we obtain the personal information, and the third parties that we may share the personal information.

We generally collect the following categories of personal information when you use our Services:

  1. Identifiers such as a name, address, unique personal identifier, email, phone number, your device’s IP address, software, and identification numbers associated with your devices;
  2. Commercial information such as records of products or services purchased, obtained, or considered by you;
  3. Internet or other electronic information regarding your browsing history, search history, the web page visited before you came to our Site, length of visit and number of page views, click-stream data, locale preferences, your mobile carrier, date and time stamps associated with transactions, and system configuration information;
  4. Your geolocation, to the extent you have configured your device to permit us to collect such information;
  5. Audio recordings of your voice to the extent you call us, as permitted under applicable law; and
  6. Inferences about your preferences, characteristics, behavior and attitudes.

We collect your personal information for the business purposes described in section 3. The CCPA defines a “business purpose” as the use of personal information for the business’s operational purposes, or other notified purposes, provided the use of personal information is reasonably necessary and proportionate to achieve the operational purpose for which the personal information was collected or another operational purpose that is compatible with the context in which the personal information was collected.

The categories of third parties with whom we may share your personal information are listed above in section 5, above.

If you are a California resident, you have rights in relation to your personal information; however, your rights are subject to certain exceptions. For instance, Emotionall cannot disclose specific pieces of personal information if the disclosure would create a substantial, articulable, and unreasonable risk to the security of the personal information, your account with us or the security of our network systems. To assert your right to know or your right to delete your personal information, please contact us by email at support@emotionall.co. To confirm your identity, we may ask you to verify personal information we already have on file for you. If we cannot verify your identity based on the information we have on file, we may request additional information from you, which we will only use to verify your identity, and for security or fraud-prevention purposes.

Right Against Discrimination. You have the right not to be discriminated against for exercising any of the rights described in this section. We will not discriminate against you for exercising your right to know, delete or opt-out of sales.

Right to Know. You have the right to request in writing: (i) a list of the categories of personal information, such as name, address, email address, that a business has disclosed to third parties during the immediately preceding calendar year for the third parties’ direct marketing purposes, and (ii) the names and addresses of all such third parties. In addition, you have the right to request: (i) the categories of personal information we have collected about you, (ii) the categories of sources from which personal information is collected, (iii) the business or commercial purpose for the information collection, (iv) the categories of third parties with whom we have shared personal information, and (v) the specific pieces of personal information we hold about an individual. You have the right to request a copy of the specific personal information we collected about you during the 12 months before your request.

Right to Delete. You have the right to request us delete any personal information we have collected from you or maintain about you, subject to certain exceptions.

Right to Opt-Out of Selling. You have the right to opt-out of having your personal information sold. We do not sell your personal information. The CCPA broadly defines “personal information” and “selling” such that sharing identifiers linked to you for a benefit may be considered a sale. As noted above, you have the right to know the categories of personal information that we sold about you and the categories of third parties with whom we shared such information.

In addition, California Civil Code permits customers of Emotionall who are California residents to request certain information regarding our disclosure of personal information to third-parties for their direct marketing purposes. In your request, please specify that you want a “California Shine the Light Notice.”

14. Notice to Individuals in European Countries

This section only applies to individuals using or accessing our Service while located in European Countries at the time of data collection. Pursuant to the EU’s General Data Protection Regulation (“GDPR”), personal information is referred to as personal data. For the sake of clarity references to personal information in this Policy concerns personal data in the sense of the GDPR.

We may ask you to identify which country you are located in when you use or access some of the Services, or we may rely on your IP address to identify which country you are located in. When we rely on your IP address, we cannot apply the terms of this section to any individual that masks or otherwise hides their location information from us so as not to appear located in European Countries. If any terms in this section conflict with other terms contained in this Policy, the terms in this section shall apply to individuals in a European Country.

Our Relationship to You. Your personal information is collected and processed by Emotionall, who is the Controller of the data. This means that we are responsible for processing and protecting your personal data.

Legal Bases for Processing Your Personal Information. We rely on the following legal bases under the GDPR in processing your personal information.

Our legal basis to process personal information for the following sections of this Privacy Policy is your consent.

Section 2 In relation to mobile Advertising and third-party advertising and analytics cookies, that collect your personal information, as described in that Section.

  1. Section 5(C) Third Party Advertisers
  2. Section 5(D) Consent

Our legal basis to process personal information for the following sections of this Privacy Policy is to provide our Services to you. Our processing is based on our contract obligations or to take steps at the request of the individual prior to entering into a contract.

  1. Section 3(A) To Provide You Our Services
  2. Section 3(C) To Provide You with Service-Related Communications
  3. Section 3(D) To Provide Customer Support or Respond to You
  4. Section 5(A) Third Parties

Our legal basis to process personal information for the following sections of this Privacy Policy is our legitimate interest to better understand you, to maintain and improve the accuracy of the information we store about you, and to better promote or optimize our Services.

  1. Section 3(B) For Internal Use

Our legal basis to process personal information for the following sections of this Privacy Policy is to comply with our legal obligations, or your vital interest.

  1. Section 3(E) To Ensure the Security of the Services
  2. Section 3(F) To Enforce Compliance with Our Terms and Agreements or Policies
  3. Section 3(G) To Maintain Legal and Regulatory Compliance
  4. Section 5(B) To Maintain Legal and Regulatory Compliance

Marketing. We will only contact you if you are located in a European Country by electronic means (including email, push notification or SMS) based on our legitimate interests, as permitted by applicable law or your consent. If you do not want us to use your Personal Information in this way, please click the unsubscribe link at the bottom of any of our email messages to you or contact us at support@emotionall.co. You can object to direct marketing at any time and free of charge.

Individual Rights. We provide you with the rights described below when you use our Services. We may limit your individual rights requests: (a) where denial of access is required or authorized by law; (b) when granting access would have a negative impact on other’s privacy; (c) to protect our rights and properties; or (d) where the request is frivolous or unrealistic. If you would like to exercise your rights under applicable law, please contact us at support@emotionall.co.

You can request access or deletion of your personal information, subject to certain exceptions.

You can correct or update your personal information, object to processing of your personal information, ask us to restrict processing your personal information or request portability of your personal information.

If we collected and processed your personal information with your consent, then you can withdraw your consent at any time. Withdrawing your consent will not affect the lawfulness of the processing we conducted prior to your withdrawal, nor will it affect processing of your personal information conducted in reliance on lawful processing grounds other than consent.

You have the right to complain to a data protection authority about our collection and use of your personal information.

If you believe we have infringed or violated your privacy rights, please contact us at support@emotionall.co so that we may resolve your dispute directly.

Transfer of Your Personal Information. When you access or use our Services, your personal information may be processed or transferred outside the European Countries, including to the United States. Such countries or jurisdictions may have data protection laws that are less protective than the laws of the jurisdiction in which you reside. For these transfers we rely on appropriate safeguards as permitted under the GDPR such as Standard Contractual Clauses, and/or we transfer the personal information pursuant to Article 49 (1) (b) GDPR to provide our Services pursuant to the Terms of Service. If you do not want your information transferred to, processed, or maintained outside of the country or jurisdiction where you are located, you should immediately stop accessing or using the Services. For further details about these transfers and the safeguards that we use to facilitate such transfers, contact us at support@emotionall.co

15. AI Feature Data Processing

When you use our AI-powered chatbot features and provide consent, we transmit certain user-generated content to our third-party AI service provider, OpenAI (OpenAI API), to generate responses and enable semantic search functionality. This may include your current chat message, prior conversation history (including user and assistant messages), associated emotion labels, assessment or emotional state markers, relevant contextual snippets used for response ranking, and full message text used for semantic indexing (embeddings). We do not intentionally transmit structured identifiers such as your name, email address, account ID, or device ID to OpenAI. However, any personal information you include within your message text will be transmitted as part of that content. AI data is shared solely for providing app functionality and only after you provide explicit consent.

16. Contact Us

If you have questions or concerns regarding any information in this Privacy Policy, please contact us by email at support@emotionall.co. You can also contact us via our customer service Platform at our App and Site.