HOW WE USE YOUR PERSONAL INFORMATION:
Last updated 2018-05-22
We only collect, use, store and transfer ("process") your personal information in accordance with applicable data protection legislation, including but not limited to the (EU) General Data Protection Regulation (2016/679) ("GDPR") and applicable national data protection legislation (hereafter "applicable law").
We process different personal information depending on whether you are a website visitor (“visitor”), customer of our products and services (“customer”) and/or a data subject involved in our traffic analysis (“observed traffic participant”). For more information about the personal information we collect, use and otherwise process, please see Section 6.
We will use your personal information for different purposes, depending on whether you are a visitor, customer or an observed traffic participant. We will for example use your data to provide you with the Service you have requested and may use anonymized data to improve our traffic analysis services. For more information about how we use your data, please see Section 7.
With respect to data subjects involved in our traffic analysis (observed traffic participants), it should be noted that our typical traffic analysis solutions do not process any personal data. Our intelligent camera solutions will analyze video images, store anonymized metadata and directly discard the images. No personal data leaves the system and the (statistical) metadata cannot be traced back to individual persons.
Unless the hereafter mentioned exceptions are applicable, ViNotion will under no circumstances make your data available to third parties that are not under contract by us. Nor will your personal data be sold. Exceptions can be made:
- in case of legal provision or legal procedure;
- to protect ViNotion’s rights or its property;
- to prevent any crime or to protect the public safety; or
- to protect your personal safety
Please see Section 8 for more information.
When we collect personal information about you, you are entitled to the following rights under applicable law:
- the right to access and rectify your personal information;
- the right to object to our processing of personal information;
- the right to restrict to our processing of personal information;
- the right to demand us to delete your personal information; and
- the right to data portability.
For more information about the rights you have in relation to your personal information, please see Sections 13 - 19 below. If you have any concerns as to how we use your personal information, we would kindly ask you to contact us first. However, you can always lodge a complaint with a relevant authority, specifically where you live, work or where you believe an infringement of you rights has occurred. Please see Section 21 for further information.
If you have any questions about the personal information we collect, how we use your data and how we transfer your data to fulfill our purposes as stated herein, please contact us at: firstname.lastname@example.org
Below follows a more detailed description of how we use your personal information.
- Who we are
- What we promise
- What is personal information?
- Reasons for processing of your data
- When do we collect your data?
- What data do we collect?
- How do we use your data?
- Who do we share your information with?
- Security measures to protect your data
- If you choose not to share your data with us
- How long will we keep your data?
- Accessing, changing and updating your data
- Right to object to the processing of your data
- Right to erasure
- Right to restriction
- How to get a copy of your data or receive a copy of your data
- How to enforce your rights
- How to withdraw your consent
- How to contact us and how to complain
- Other useful information
1. WHO WE ARE
We are ViNotion B.V. (“ViNotion”, “we” or “us”). This Policy applies to our website, our newsletter and also applies to the use of personal data in our traffic analysis services (we call all of the above “Services”).
If you are a customer or website visitor, we are the controller of the personal information collected. If you are a data subject in our traffic analysis, we are typically only the data processor and only rarely, for research purposes, the controller. Nonetheless, this Policy will address the processing of (personal) data of our traffic analysis system as well. After reading our Policy, if you have any questions or want to know more about how we use your personal information, please contact us as stated in the beginning and at the end of this Policy.
Our physical address can be found at the top of this Policy and our contact details are shown in Section 21.
2. WHAT WE PROMISE
We promise to keep your data safe and not to sell your personal data to third parties. We promise you the right to access and delete your data (if applicable), and to provide you with ways to opt-in and opt-out from newsletter(s) and other mailings you receive from us. Please see Sections 13 - 21 for more information.
3. WHAT IS PERSONAL INFORMATION?
Personal information can be any information relating to an identified or identifiable natural person. In other words, it can be any information that could allow us to identify you both directly and indirectly (like for example your name, email address, IP address, your billing address or photos showing your appearance). In this Policy, we will use the word “data” to refer to personal information.
4. REASONS FOR PROCESSING OF YOUR DATA
We will only use and process data about you if we have one of the following reason to do so:
- to fulfill a contract we have with you (for example, when you have purchased a product or service with us);
- when it is our legal duty (for example, to identify your age and make sure we are not collecting data from young children, for book keeping purposes and to fulfill our obligations in relation to authorities);
- when you consent to it (for example, when subscribing to our newsletter); or
- when it is in our legitimate interest (for example, to enforce our policies, manage our everyday business, to use in an anonymized and aggregated way in order to perform statistical analysis and/or improve our traffic analysis solutions, for direct marketing purposes, to ensure information security, to prevent fraud or to transfer the data to different part of the organization when necessary). When we rely on a legitimate interest, we have concluded that our interest is not overridden by your interests or fundamental rights and freedoms.
5. WHEN DO WE COLLECT YOUR DATA?
We will collect data about you when you use our Services, including in the following situations:
- when you subscribe to our newsletters;
- when you purchase one of our products or make use of our Services;
- when you contact us or our support services, via email, letter or a contact form on our website;
- when you use our website (for example, in the form of cookies); or
- in customer surveys.
When you are a data subject in our traffic analysis service, we do not process your personal data. Our traffic analysis system takes into account Privacy by Design, ensuring only statistical and anonymized metadata leaves the system. In rare cases and only for research purposes for which a legitimate interest exists that does not override your interest or fundamental rights and freedoms, pseudo-anonymized personal data (images) can temporarily be stored and used to improve the accuracy of the traffic analysis system. This personal data will either be fully anonymized or deleted after training. In either case, a Data Protection Impact Assessment will be conducted to safeguard your fundamental rights and freedoms.
6. WHAT DATA DO WE COLLECT?
The data that we collect depends on whether you are a customer, website visitor or data subject in our traffic analysis services.
Customer or newsletter subscriber:
We use data that you have explicitly provided to us:
- email address
The above information may be provided to us when you subscribe to our newsletters. In addition to the above, and when purchasing a product or service, you may have to provide us with the following data:
- physical address
- telephone number
- payment account details
- name and contact information for a business or organization
Finally, any other data you actively provide us with when:
- you contact support or seek help from ViNotion;
- you fill in our surveys;
- you apply for a job at ViNotion and provide information relevant to the application.
Data we collect that is not directly provided by yourself when using our Services:
- platform type and hardware version (of the system running the ViNotion Service);
- maintenance password for the provided ViSense system.
Observed traffic participants:
Our product range employs Privacy by Default & Design to ensure no personal data is stored during normal operation. Our traffic analysis services therefore only result in anonymized metadata for the purpose of traffic analysis, which cannot be traced back to any individual person.
Only in case of specific research projects for which a legitimate interest exists that does not override your interest or fundamental rights and freedoms, video images may be temporarily stored for research purposes. These images may show the appearance of the data subjects, meaning they contain personal data. It should be noted that these images are never (and with the available information cannot be) traced back to any specific individual person. Moreover, the images are (pseudo) anonymized and technical safeguards are in place to prevent abuse, such as data encryption and access restriction. The pseudo-anonymized images will be used to improve our traffic analysis system. For example, by having it ‘learn’ to distinguish cyclists from motorcyclists by ‘looking at’ many example images.
7. HOW DO WE USE YOUR DATA?
We use the information we collect from you and from your use of our Services, to provide, maintain, protect and improve the Services and to develop new ones. We will not use your data for any other purpose than the purpose for which the data is originally collected.
To operate our business and to improve our Services, we use your information in the following ways:
- to respond to inquiries or comments from you;
- to verify your identity in order to prevent unauthorized access;
- to provide you with software updates;
- to help tracking and correcting errors and bugs in our products;
- to customize your user experience (of our products and Services);
- to maintain the integrity and security of the Services;
- to create reports, analyses or similar for the purpose of research and business intelligence and be able to track potential problems, behavior and trends;
- to send you newsletters and promotional notices and offers you have previously agreed to;
- to keep our Services fair, investigate and prevent fraud and illegal behavior; or
- to comply with applicable laws and regulations.
- In the context of data subjects that are visible in the video images of our traffic analysis systems:
- Our traffic analysis system uses Privacy-by-Design & Default. Therefore, under normal operation, our traffic analysis solutions do not process any personal data.
- Exemption: only in the context of research projects, (pseudo)-anonymized images may be temporarily stored and used to improve our traffic analysis solutions, where it is ensured that the data cannot be traced back to any individual.
8. WHO DO WE SHARE YOUR INFORMATION WITH?
Unless the hereafter mentioned exceptions are applicable, we will under no circumstances make your data available to third parties that do not have a processing agreement with us, safeguarding your rights and freedoms. Nor will your personal data be sold. Exceptions can be made in case of:
- legal provision or legal procedure;
- to protect ViNotion’s rights or it’ s property;
- to prevent any crime or to protect the public safety; or
- to protect your personal safety
We may use cloud-based service providers, as long as we have an official data processing agreements with each party, they comply with the GDPR and ensure sufficient safeguards are in place to protect your rights and freedoms.
ViNotion uses the following cookies on our websites, for the following purposes:
a) Strictly Necessary Cookies: These cookies are necessary for the website to function. They are usually set in response to actions made by you which amount to a request for services, such as selecting a website language or filling in forms. You can set your browser to block or alert you about these cookies, but some parts of the website might then not work. These cookies do not store any Personal Information;
b) Performance Cookies: These cookies allow us to count visits and traffic sources in order to measure and improve the performance of the website. These cookies help us to know which pages are the most and least popular and how visitors move around the website. All information these cookies collect is aggregated and therefore anonymous. You can disable these cookies by clicking on the gear icon on the bottom right of the webpage. If you do so, we will not know that you have visited our website, and will not be able to monitor its performance;
c) Functionality Cookies: These cookies enable the website to provide enhanced functionality and personalization. If you do not allow these cookies, some or all of these services may not function properly;
Cookies can be enabled/ disabled by clicking the gear icon on the bottom right of the ViNotion website. If you disable cookies, however, you may not be able to use certain functions of the website.
10. SECURITY MEASURES TO PROTECT YOUR DATA
We maintain physical, electronic and procedural safeguards to help guard your data in compliance with applicable privacy regulations. We strictly restrict authorized access to your data only to those persons who have a legitimate purpose to access it.
11. IF YOU CHOOSE NOT TO SHARE YOUR DATA WITH US
We may need to collect data to be able to fulfill our legal obligations or fulfill the terms of a contract we have with you or to be able to even present you with the Services. You may unsubscribe to newsletters you have previously opted-in to, by following the instructions in the newsletter you receive.
Our traffic analysis services do not process any Personal Data. Only in certain research projects, for which a legitimate interest exists, pseudo-anonymized data may be gathered. This data cannot be traced back to any individual (also not by us), hence an opt-out is not applicable.
12. HOW LONG WILL WE KEEP YOUR DATA?
For customers, we will keep your information during the entire lifetime of the product you are using. If you are not a customer but explicitly registered for our newsletter, we will keep your data until consent is withdrawn. We may keep your information for a longer period for research or statistical purposes. If we do, we will make sure your information is anonymized and non-traceable to you as a person. We will also keep it for a longer period if we cannot delete it for legal or regulatory reasons.
We will also delete data upon request. For more information, please read Section 15 of this Policy.
13. ACCESSING, CHANGING AND UPDATING YOUR DATA
You have the right to access the data relating to you. This includes the right to be informed whether or not data about you is being processed, what data about you is being processed, and the purpose of the processing. Furthermore, you have the right to rectify or add data if the personal information is inaccurate or incomplete. As soon as we become aware of any inaccurate personal information being processed, we will always rectify your data without undue delay and notify you accordingly.
14. RIGHT TO OBJECT TO THE PROCESSING OF YOUR DATA
You are also entitled to object to the processing of your data on grounds related to your particular situation. Please note however, that we must still process some personal information about you to provide the Services to you. This means that you cannot object to all our use of personal information and still require us to provide Services to you.
You may unsubscribe to newsletters you have previously opted-in to, by following the instructions in the newsletter you receive (please see further information below).
15. RIGHT TO ERASURE
You are entitled to request that we erase data related to you. We will erase your data upon request provided that it is no longer necessary for a (contractual) Service (for example you cannot require all personal information about you to be erased and still receive Services from us) and if we do not have a legal obligation to store personal information.
16. RIGHT TO RESTRICTION
You are entitled to require us to restrict our processing of your personal information if you contest the accuracy of the data, if the processing is unlawful but you do still not want us to erase the data, if the data is no longer needed to fulfill the purpose it was collected for or you have informed us that you do not consider us to have a legitimate interest for certain processing.
17. HOW TO GET A COPY OF YOUR DATA
You can request access to personal information about you that you yourself have provided or was acquired in accordance with a contract between you and ViNotion. Regulations require us to verify your identity prior to sending you any personal data.
18. HOW TO ENFORCE YOUR RIGHTS
You can contact our Privacy Officer via email@example.com any time to get a list of all the data we have collected from you or to get such data deleted or invoke your other rights as explained above. We will do our best to answer your request in a timely manner.
Please note that if we cannot identify and guarantee who you are, we might ask you to provide us with additional information. We will not change or delete any data if we are unable to verify that you are their rightful owner. We will however always use our best effort to help you out.
19. HOW TO WITHDRAW YOUR CONSENT
You can withdraw your consent to processing your personal data at any time. However, we will no longer be able to provide you with certain product(s) (updates) or Services if you do so.
Our newsletters contain mechanisms which allow you to opt-out from receiving further newsletters from us.
This Policy may change from time to time. Any changes to this Policy will be posted on this page, and if the changes are significant, we will provide you with a more noticeable notice, like for example by email or with a pop-up on our website.
21. HOW TO CONTACT US AND HOW TO COMPLAIN
Please let us know if you are not happy with the way we use and process your data by contacting our privacy officer at: firstname.lastname@example.org . We also appreciate to get feedback from you if you think that this Policy or any part of it is unclear.
You always have the right to lodge a complaint with the relevant authority in particular where you live, work or where an alleged infringement of the GDPR has occurred. For example, the relevant authority in the Netherlands is Autoriteit Persoonsgegevens (https://autoriteitpersoonsgegevens.nl). We would appreciate if you contact us first, such that we can jointly resolve any issue, prior to lodging a complaint.
22. OTHER USEFUL INFORMATION
Information about privacy rights for EU residents can be found on: https://www.eugdpr.org/