FLAVORWIKI PRIVACY AND PERSONAL DATA PROTECTION POLICY

Last updated: 9 July, 2019

This privacy policy (the “Policy“) applies to all the services, websites, software, tools and applications operated under the brand name “FlavorWiki” by Smart Sensory Analytics LLC, a limited liability company incorporated under the laws of Delaware with its registered office at 140 Jonathans Drive West End, NC 27376, United States. We refer to those services, websites, software, tools and applications collectively as “Services” in the Policy.

FlavorWiki creates, operates and distributes customized surveys and questionnaires on behalf of its clients (the “Clients”) to evaluate consumers’ perception and preference with regards to food and beverage products. Thanks to its Services, Flavorwiki is able to engage a global community of consumers eager to participate in Our surveys and questionnaires (the “Participants”).

FlavorWiki takes the protection of Personal Data very seriously and of paramount importance. We want each Client and each Participant accessing and/or using Our Services to be in control of his/her/its personal data.

The Policy provides information on how We collect, store, process, use and protect Personal Data. It explains in particular what information We collect and why We collect it, how We use that information and Your rights in relation to the information provided.

THE POLICY DOES NOT PROVIDE INFORMATION ON THE DATA PROCESSING PRACTICES OF ANY THIRD-PARTY (INCLUDING OUR CLIENTS). Our Clients are responsible to maintain at all times a privacy and personal data policy binding upon them and compliant with the applicable data protection standards. Please refer to Our Clients’ respective privacy policy to learn about their own data protection practices.

For the purpose of the Policy, “Personal Data” means any information relating to an identified or identifiable natural person; an identifiable natural person is one who can be identified, directly or indirectly, in particular by reference to an identifier such as a name, an identification number, location data, an online identifier or to one or more factors specific to the physical, physiological, genetic, mental, economic, cultural or social identity of that natural person.

In the Policy, the terms “We”, “Us”, “Our(s)” and “FlavorWiki” are referring to Smart Sensory Analytics LLC. “You” or “Your” means You personally (i.e. the individual, whether a Client or a Participant, who reads and agrees to be bound by the Policy) and, if You use or access Our Services on behalf of a corporation or other legal entity, collectively, You and such corporation or other legal entity on whose behalf You use and/or access the Services, You and Us being collectively referred to as the “Parties”, and individually, as a “Party”.

This Policy supplements as an informational document: (1) the Website Terms of Use governing the access, visit and/or use of the FlavorWiki website(https://flavorwiki.com) (the “Website”) (2) the FlavorWiki Tasting App (3) FlavorWiki software and (4) any survey-specific terms and conditions. In case of discrepancies between the terms of this Policy and the ones of any of the above-mentioned document, the former shall prevail.

* * * * *

Please carefully read the Policy. When You access, use and/or otherwise  interfere with, the Services,and by providing Us with Your Personal Data, We collect, store, process and use Your Personal Data according to the standards provided by the EU General Data Protection Regulation (“GDPR”) and in accordance with the practices explained in the Policy.

Please do not access, use or interfere with the Services or do not provide Us with any of Your Personal Data, should You not fully consent to the Policy.

In case of disagreement, if You withdraw Your consent or if You choose not to provide Us with some of the required Personal Data, We may be totally or partially unable to provide You with Our Services.

Should You have questions or comments regarding the Policy or suggestions regarding its improvement, please contact Our support team at [e-mail address].

1. Which data do We collect and how?

The following section describes the information that We collect and how We collect it. There are multiple ways in which We collect information, which can be broadly categorized into:

  1. Information that You freely choose to share with Us, and
  2. Information that is automatically collected when using Our Services.

A. Information that You freely choose to share with Us

FlavorWiki collects the information and Personal Data that You, whether a Client or a Participant, directly provide to Us as follows :

Clients’information:

When a Client registers on the Services, We may ask him/her to provide the following information: company name, name of contact, title of contact, company address, telephone number, e-mail address, account administration information (user name, password, and security question) and billing information. Clients may provide Us with information regarding the services they have commissioned Us (e.g., the number of surveys, the content of the surveys, the product ingredients, etc.). Notwithstanding the above, a Client may also choose to submit information to Us via other methods, including in connection with an actual or potential business relationship with Us or by giving Us its contact details at trade shows or other events.

Participants’information:

We receive Participants’ information from both Clients and Participants. When joining Our surveys, a Participant may be requested to provide Us with his/her e-mail address, first name and last name. If the survey is remunerated, We will be asking Participants to provide Us with their bank account details. Depending on the survey’s object and content, Participants may also share with Us information such as the age, gender, ethnic background, zip / area code, email address, phone number, dietary restrictions, food allergies, ethical concerns, food tastes and preferences, purchase behaviour, purchase experiences and product opinions. Notwithstanding the above, Participants may also choose to submit information to Us via other methods, including: (i) in response to marketing or other communications, (ii) through social media or online forums, (iii) through participation in an offer, program or promotion and (iv) when contacting Us for support and assistance.

Please note that You may deactivate Your FlavorWiki account and/or unsubscribe from receiving content or offers from Us at any time. Following termination of Your account, We may retain Your Personal Data (in part or in whole) in order to meet any regulatory and reporting requirements for the timeframes stipulated by the law and in order to be able to address customer service issues. Any other Personal Data We would have been processing on Your behalf would be deleted permanently within 120 calendar days from Your account deactivation.

B. Information that is automatically collected when using Our Services

Besides the information and Personal Data that You freely choose to share with Us, We may automatically or passively collect and process various information regarding Your use of – and Your behaviour through – the Services. While information collected in this manner is not typically Personal Data, We may combine it in ways that make it personally identifiable. When We do so, We will treat the combined information as Personal Data.

Information collected in this manner may include:

Browser and device data. The Website uses various technologies to function effectively and to record information about You, such as Your IP address, device type, operating system and Internet browser type, device manufacturer and model, language, plug-ins and add-ons. We also may collect information about Your online activities on websites and connected devices over time and across third-party websites, devices, apps and other online features and services.

Usage data. When You visit the Website, We may collect the name of Your internet service provider, the website from which You visited Us from, the parts of the Website You visit, the date and the duration of Your visit.

Physical or geographic location data. We may collect information about Your country, region, city, latitude or longitude.

Cookies. FlavorWiki uses cookies to process information including standard internet log information and details of the visitor’s behavioral patterns upon visiting the Website. Cookies are small data files transferred onto computers or devices by websites for record-keeping purposes and to enhance functionality on the Website. FlavorWiki stores this information in a pseudonymized user profile. Cookies are stored on Your individual device and You have full control over their use.

We use cookies to provide You with a better experience, and to facilitate the use of certain functions. FlavorWiki does not process this information to identify individual users or to match it with further data on an individual user. 

You may deactivate or restrict the transmission of cookies by changing the settings of Your web browser. Cookies that are already stored may be deleted at any time. Should You visit the Website with cookies deactivated, You may possibly not be able to use the functions and features of the Website to the full extent. Please refer to Sections 6 and 7 below for further details.

Contact via e-mails. If You receive e-mails from Us, We may use certain analytics tools, to capture data such as when You open Our e-mail or click on any links or banners Our e-mail contains.

We may also occasionally send You notification e-mails about updates to Our products and services, legal documents or marketing emails. Except for cases where We are required to do so by law (e.g. notifying You of a data breach), You have the opportunity to unsubscribe from receiving these messages free of charge.

2. For what purposes do We collect data?

As otherwise detailed in the Policy, We will solely process the information and Personal Data collected for the following reasons:

3. Data processing

We process non-personally identifying data without restrictions.

On the contrary, Personal Data are only processed for the purposes for which they were collected (see Section 2). Please note that We strive to minimize Our use of Personal Data, and, to the maximum extent possible, anonymize or aggregate it before use.

4. Legal grounds for data processing

Without prejudice to the forgoing, We rely upon a number of legal grounds to ensure that Our processing of Your Personal Data is compliant with applicable law. We process Personal Data either with Your consent or because it’s necessary for the fulfilment of Our contractual obligations. We also process Personal Data to pursue Our legitimate business interests in gaining a better understanding of Our Services, so We can improve them and Your overall experience as well. This is the case when We process usage data either on the Website. On this matter, You can opt out of this data processing, if You wish to do so, at any time by changing the communication preferences in Your account. 

5. To whom are the collected data communicated?

FlavorWiki does not share the information and Personal Data collected with any third parties except under the following circumstances:

FlavorWiki entities. We share Personal Data with other FlavorWiki entities and affiliates in order to provide You with the Services, to fulfill Our contractual obligations towards Our Clients and for internal administration purposes.

Clients. Our business is to create and operate consumer surveys on behalf of Our Clients. Accordingly, We provide Our Clients with Access to the Participants’ information given in response to the surveys they have conducted. It’s our Client’s responsibility to use the Participants’ information in a manner consistent with applicable law and their own privacy policy.

Service providers. We use a selected number of trusted external service providers for certain technical data analysis, processing and/or storage offerings. These service providers are carefully selected and meet high data protection and security standards.

We only share information with them (i) if required for the Services offered, (ii) if You have provided prior consent, (iii) if We are obliged to do so by statutory law or an instruction by a public authority or court, or (iv) upon the sale of Our business.

Third parties authorized or used by You. Besides, We remind You that, when You are using, through Our Services, third-party services ([Google Maps™, YouTube™, Facebook™ or Twitter™buttons, PayPal™], etc.) and/or products, the providers of such services and/or products may also collect and process Personal Data through their services (Your localization, Your user preferences, etc.) independently of the data processing conducted by FlavorWiki in the provision of the Services. Please refer to the respective service provider’s or any other third party’s privacy policy/information to learn about their own data protection practices. Twitter™, Google™ and Facebook™ export data to the United States which is considered a country not providing a level of data protection adequate to EU standards.

Corporate transactions.In the event that We enter into, or intend to enter into, a transaction that alters the structure of Our business, such as a reorganization, merger, sale, joint venture, assignment, transfer, change of control, or other disposition of all or any portion of Our business, assets or stock, We may share Personal Data with third parties for the purpose of facilitating and completing the transaction.

Compliance and harm prevention. We share Personal Data as We believe necessary: (i) to comply with applicable law, or payment method rules; (ii) to enforce Our contractual rights; (iii) to protect the rights, privacy, safety and property of FlavorWiki, You or others; and (iv) to respond to requests from courts, law enforcement agencies, regulatory agencies and other public and government authorities, which may include authorities outside Your country of residence. In case of fraudulent use of the Services and, in particular, upon suspicion of punishable acts, Your Personal Data may be analysed for purposes of clarification and, upon duly justified request, according to Us, transmitted to the competent official authorities or to the third person affected by the fraud.

Finally, please remember that when You publicly share Personal Data, this information may be seen and used by other people, as well as indexed by search engines.

6. What kind of cookies do We use?

Like most websites, We may use cookies to optimize the website. We may in particular use the following cookies:

Strictly necessary cookies: these are cookies that are required for the operation of the Website and for You to be able to complete services You ask for. They include, for example, cookies that enable You to log into secure areas of the Website.

Functional cookies: these cookies record information about choices You make on the Website, such as Your user name, language or the region You are in. In this way, We are able to personalize Your visit on the Website.

Performance cookies: these “analytical” cookies allow Us to collect information about how visitors use the Website, for example to count visitors and to see how visitors move around the Website. They record Your visit on the Website, the pages You have visited and the links You have followed and also Your shortened IP address. These cookies do not collect information that identifies You. All information is anonymous. This helps Us to improve the way the Website works. In order to continuously improve and optimize the Website, We may use in particular the Google Analytics™ tracking technology. Google Analytics™ is a service of Google LLC. Google Analytics™ is a web-analysis service allowing Us to better understand Your behaviour on the Website and to diagnose technical issues. It may use a certain type of cookies in order to collect anonymous information and create activity reports regarding usage statistics of the Website without You being personally identified. If You do not agree with Google Analytics ™ collecting personal data regarding Your visits, You can install an add-on module for Your web browser, which allows You to deactivate Google Analytics™ for the future.

Social media cookies: these cookies allow You to share some content of the Website with social media platforms (e.g. Facebook™ or Twitter™ buttons). This method may authorize the concerned social media to monitor Your navigation on the Website by the mere fact that Your account is activated on Your device (open session) during the navigation. We have no control over these cookies as they are set by third-party providers.    

Advertisement cookies: these cookies allow Us to deliver tailor-made advertisements to You on third-party websites based on Your interests in Our products and services manifested during Your visit on the Website. These cookies do not collect information that identifies You. All information is anonymous.

We may engage on the Website in interest-based advertising, including retargeting or remarketing technology provided by third parties, such as Google™ or Facebook™. Based on that, We are able to approach You with personalized advertisements. For this purpose, cookies are stored on Your computer. During Your visit on the Website, neither the third-party providers nor FlavorWiki collect any personalized data, only anonymized data. Thanks to such data We can, for example, approach You with advertisements on third-party websites which is personalized according to Your interests in Our services, e.g. after You have visited the Website and participated in one of our surveys, this technology may later show You related information in the form of advertisements while surfing on another website. The only goal of engaging this technology is to best adapt the available information to Your interests and to make Your online experience as informative as possible.

Flash cookies from Adobe Flash Player™: Adobe Flash Player™ is a piece of software allowing quick development of dynamic content using “Flash” language. Flash (and application of the same type) memorizes the settings, the preferences and the utilization of these contents thanks to a technology, which is similar to cookies. However, Adobe Flash Player™ manages this information and Your choices through an interface that is different from the one provided by Your web browser. As Your device could visualize content developed in Flash language, We invite You to access Your Flash cookies management tools, directly through the following website: http://www.adobe.com/fr/

7. How can You control the cookies that We use?

Upon Your first visit on the Website, You shall express Your choice regarding the use of cookies on Your computer. If You leave cookies “turned on”, We can offer You a better experience on the Website. If You set Your browser to block all cookies (including strictly necessary cookies), You may not be able to access parts of the Website.

At any time, You may deactivate cookies as follows:

Most browsers accept cookies automatically but allow You to disable them. The help menu on most browsers will tell You how to prevent Your browser from accepting new cookies, how to have the browser notify You when You receive a new cookie and how to disable cookies altogether. You can also disable or delete cookies You have previously accepted if You wish to. Further information is available on the following websites:

Microsoft Internet Explorer™:https://support.microsoft.com/en-gb/help/17442/windows-internet-explorer-delete-manage-cookies

Mozilla Firefox™:https://support.mozilla.org/en-US/kb/enable-and-disable-cookies-website-preferences

Safari™:https://support.apple.com/kb/PH17191?locale=fr_FR&viewlocale=en_US

Google Chrome™: https://support.google.com/accounts/answer/61416?hl=en

Most cookies can also be deactivated through third-party tools, such as the ones proposed by the website http://www.youronlinechoices.com/uk, by the website http://www.networkadvertising.org/choicesor by the website https://www.ghostery.com/fr.Further, most of third-party providers offer modules or proceedings allowing You to deactivate the cookies they use. FlavorWiki offers no guarantee regarding these tools, developed by third parties.

8. Your Personal Data, Your Rights

In line with GDPR, You have the right to be informed of Your Personal Data processed by FlavorWiki, a right to rectification and/or correction, a right of erasure and/or restriction of processing. You have also the right to receive from FlavorWiki a structured, common and machine-readable format of Your Personal Data You provided to Us.

You may at any time change and/or withdraw Your consent regarding any use or processing of Your Personal Data, without affecting the lawfulness of the processing that was carried out prior to the withdrawal. To this end, You may simply log on to Your account, access Your profile and make the desired changes or, should this option not be available, please contact Our support team at support@flavorwiki.com. Unless We are not able to identify the Personal Data that concerns You, the request is clearly unfounded or abusive (due notably to its repetitive nature) or We may oppose You another lawful legitimate reason, We will respond to Your request in a timely manner and at no cost.

Whenever You withdraw Your consent, You acknowledge and agree that this may have a negative influence on the quality of the Website and/or the Services offered. You further acknowledge and agree that FlavorWiki shall not be held liable with respect to any loss and/or damage to Your Personal Data if You choose to withdraw consent.

Please be aware that Flavorwiki collects Personal Data under the direction and on behalf of its Clients and has no direct relationship with the Participants in its surveys whose Personal Data it processes. If You are a customer of one of Our Clients and would no longer be contacted by it or by Us on its behalf, You shall address this request to that Client directly.

Information about Your right of objection under Article 21 GDPR

1. Right of objection in individual cases

In addition to the rights already mentioned, You have the right, for reasons arising from Your particular situation, to object at any time to the processing of Personal Data relating to You, which is processed on the basis of Article 6 (1) e) GDPR (data processing in the public interest) and Article 6 (1) f) GDPR (data processing on the basis of a balance of interests); this also applies to profiling based on this provision within the meaning of Article 4 (4) GDPR. If You file an objection, We will no longer process Your Personal Data unless We can prove compelling grounds for the processing that outweigh Your interests, rights and freedoms or the processing serves to assert, exercise or defend legal claims. Please also note that, if We terminate the processing due to Your objection, the Website may no longer be available to You or only to a limited extent.

2. The right to object to the processing of data for advertising purposes

You also have the right to object at any time to the processing of Personal Data concerning You for the purpose of direct marketing (including any subscription to Our personalized ads); this also applies to profiling, insofar as it is associated with such direct marketing. If You object, We will no longer process Your Personal Data in the future. The objection can be made form-free and should be addressed to the following e-mail, support@flavorwiki.com,or by phone at+1 (910) 722 1560 (U.S.) or +41 79 137 2228 (outside U.S.).

More generally, please send any request by mail or e-mail, with sufficient information for Us to unequivocally identify You, to:

E: support@flavorwiki.com

P: +1 (910) 722 1560 (U.S.) or +41 79 137 2228 (outside U.S.)

or to Our representative established within the European Union:

Maetzler Rechtsanwalts GmbH & Co KG Attorney at Law

Schellinggasse 3/10

1010 Vienna, Austria

E:info@gdpr-rep.eu 

P:+43 1 9974124

Finally, please note that, in addition, You have the right to lodge a complaint with the data protection authority in Your jurisdiction.

Please note that You are not required by law to provide Us with the Personal Data as indicated by this Policy. Further, the contractual relationship that You might have entered into with Us by agreeing to Our terms and conditions does not imply any obligation to provide Your Personal Data. However, You might not be able to use Our Service(s) to the full extent if You do not provide Us with certain data or object to the use of these Personal Data.

9. Security and retention of Personal Data

We make reasonable efforts to ensure a level of security appropriate to the risk associated with the processing of Personal Data. We maintain organizational, technical and administrative measures designed to protect Personal Data within Our organization against unauthorized access, destruction, loss, alteration or misuse. Your Personal Data is only accessible to a limited number of personnel who need access to the information to perform their duties. Unfortunately, no data transmission or storage system can be guaranteed to be 100% secure. If You have reason to believe that Your interaction with Us is no longer secure (for example, if You feel that the security of Your account has been compromised), please e-mail Us support@flavorwiki.com immediately.

We will store Your usage data until such time when You withdraw Your consent for Us to do so. All other Personal Data as specified above will be retained for as long as is necessary for the purpose(s) for which We originally collected it. We may also retain information and/or Personal Data as required by law.

10. International Personal Data Transfer

We are a global business. Personal Data may be stored and processed in any country where We have entities, operations or where We engage service providers. We may transfer Personal Data that We maintain about You to recipients in countries other than the country in which the Personal Data was originally collected, including to the United States. Those countries may have data protection rules that are different from those of Your country. However, We will take measures to ensure that any such transfers comply with the GDPR and that Your Personal Data remains protected to the standards described in this Policy. In certain circumstances, courts, law enforcement agencies, regulatory agencies or security authorities in those other countries may be entitled to access Your Personal Data.

If You are located in the European Economic Area or Switzerland, We comply with applicable laws to provide an adequate level of data protection for the transfer of Your Personal Data. 

11. Revision to the Policy

We may revise this Policy from time to time to reflect new services, changes in Our Personal Data practices or relevant laws. The “Last updated” legend at the top of this Policy indicates when this Policy was last revised. Any changes are effective when We post the revised Policy on the Services. We may provide You with disclosures and alerts regarding the Policy or Personal Data collected by posting them on the Website. 

If you have an account with Us, We will notify You of any material modifications by sending You an e-mail to the e-mail address associated with Your account, unless You have unsubscribed from all e-mail communications.

12. Links To Other Websites

The Services may provide the ability to connect to other websites. These websites may operate independently from Us and may have their own privacy notices or policies, which We strongly suggest You review. If any linked website is not owned or controlled by Us, We are not responsible for its content, any use of such website or the privacy practices of the operator of such website.

13. Contact Us

If You have any questions or complaints about this Policy, please contact Us at :

E: support@flavorwiki.com

P: +1 (910) 722 1560 (U.S.) or +41 79 137 2228 (outside U.S.)