App Privacy Policy

Welcome to the Privacy Policy ("Privacy Policy") of the “Earth Speakr - App” (the “App”). The App is operated by:

AKQA Denmark A/S
Staunings Plads 3, 1^st floor
1607 Copenhagen V.
Registered in Denmark

Website: https://www.akqa.com

(in the following: “We” or “Us”). This Privacy Policy explains how We collect, store, protect, and share Your information as defined below (“Personal Data”), and with whom We share it. AKQA Denmark A/S is the controller of Your Personal Data in the meaning of Art. 4 no. 7 of the EU General Data Protection Regulation (“GDPR”). We suggest You read this Privacy Policy in conjunction with our App General Terms and Conditions of Use available at https://www.earthspeakr.art/en/app-terms-and-conditions.

1. Collection of Personal Data
In the following, we inform you about the Personal Data we are processing about You. Personal Data means information concerning the personal or material circumstances of an identified or identifiable individual (data subject - You). 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.
1.1. Personal Data about Kids
If You use the App and are below 18 years old, Your Personal Data may only be collected and processed as described herein subject to Your parent’s or guardian’s consent to the General Terms and Conditions of Use available at https://www.earthspeakr.art/en/terms-of-use and to this Privacy Policy both of which will be obtained during the registration process as set out in the General Terms and Conditions of Use. Some of the data processing described herein are, however, legal without Your parent’s or guardian’s consent, e.g. if the data processing is necessary in order to perform the contract with You. Details are described below.
1.2. Creating an Account
When You download the App and/or create an Account ("Account"), We may collect certain information about You and Your parent or guardian, such as:

• First name;
• Email address;
• Nationality;
• Choice of language
• Location (if You approve this through the app).

(“Account Data”). You will be able to review and change this information at any time. The collection and processing of the Personal Data mentioned in the previous paragraph is based on Art. 6 para. 1 (b) GDPR (necessary for the performance of a contract with You). We process Your parent’s or guardian’s email address for the purpose of sending Your parent or Your guardian a confirmation mail to confirm your double-opt-in registration with the App. The collection and processing of the Personal Data mentioned in the previous paragraph is based on Art. 6 para. 1 (b) GDPR (necessary for the performance of a contract with You) as well as on Art. 6 para 1 (c) (necessary to comply with a legal obligation), (f) (necessary for the purpose of Our legitimate interests) GDPR. Our legitimate interest lies in obtaining your parent’s or guardian’s consent to your registration as required for by law.
1.3. Log and Usage
Data Our servers automatically record information ("Log and Usage Data") created by Your use of the Website or App, which again helps Us to improve our service. Log and Usage Data may include information such as Your IP address, browser type, the referring domain, pages visited, access times, Your mobile carrier, and search terms. An IP address is a number associated with the service through which You access the Internet, like Your ISP (Internet service provider), Your company or Your university. The collection and processing of the Personal Data mentioned in the previous paragraph is based on Art. 6 para. 1 (f) GDPR. Our legitimate interest is to administer the App, improve our services and to detect and avoid hacker attacks. We will delete log-files as soon as they are no longer needed for the purpose for which they have been collected, at the latest after 7 days.
1.4. Mobile Device Identifiers
We collect Your mobile device identifier and IP Address. We may create and assign to Your device an identifier that is similar to an account number. We may collect the name You have associated with Your device, device type, telephone number, country and any other information You choose to provide, such as user name, character name, geo-location or e-mail address. If You turn these features on, We may collect Your device's geolocation data and save Your device's coordinates to offer certain features to You. We may also use Your device's geolocation information to personalize the App. You can control Your location information settings in Your Account settings and switch them off if You really want to. Even if You have disabled location services, We may still determine Your city, state, and country location based on Your IP address (but not Your exact location). The collection and processing of the Personal Data mentioned in the previous paragraph is based on Art. 6 para. 1 (f) GDPR. Our legitimate interest is to administer the App and to improve our services.
1.5. Customer Support
If You contact our Customer Support team, We will receive Your email address, and may track Your IP address as well as the information You send to Us to help resolve Your query. We will keep records of our communications with You, including any complaints that We receive from You about other Users (and from other Users about You). The collection and processing of the Personal Data mentioned in the previous paragraph is based on Art. 6 para. 1 (b) GDPR (necessary for the performance of a contract with You).
1.6 ARKit & Camera Usage
We do not share, collect, or store data used by ARKit, Camera APIs, or other software for depth of facial mapping information. Our Earth Speakr app use Apple's TrueDepth API only to follow and track the movement of your eyes, mouth, and face. The camera images and resulting depth data are only used for creating the avatar message. This data is used to make a unique user experience; this data is never stored remotely, given to third parties, or used for purposes outside of the artwork.

2. Creations
2.1. If you create a video, sound and text within the App, We may collect the following Personal Data about You:

• video file of 3D eye and mouth movements – not Your actual eyes or mouth
• audio file if you decide to record an audio message
• unique identifier (which cannot be linked back to the App or to You)
• Creation date, language.
• Geo location
• Topic of Your Creation (e.g. “pollution, water, plastic”).
• Stats, e.g. no. of views.
• An ID for the creation.

The collection and processing of the Personal Data mentioned in the previous paragraph is based on Art. 6 para. 1 (b) GDPR (necessary for the performance of a contract with You).

2.2. You may use the App and create text and video messages on the App without sharing Your Creations. If you decide to share Your Creations as described in the Terms of Use, the following Personal Data may be shared with other App users and/or the general public:

• video file of 3D eye and mouth movements – not Your actual eyes or mouth
• audio file if you decide to record an audio message
• unique identifier (which cannot be linked back to the App or to You)
• Creation date, language.
• Geo location
• Topic of Your Creation (e.g. “pollution, water, plastic”).
• Stats, e.g. no. of views.
• An ID for the creation.

If you decide to share Your Creation on Our Website, Your Personal Data will become subject to our Website’s Privacy Policy. If you decide to share a link to Your Creation with Your friends and other third parties or upload Your Creation to Your social media profile(s), please be aware that We will no longer be in control of and be liable for how Your Personal Data will be used. We recommend reading the privacy policy of the social media provider(s) before you upload Your Creations there. The collection and processing of the Personal Data mentioned in the previous paragraph is based on Art. 6 para. 1 (b) GDPR (necessary for the performance of a contract with You).

3. Additional Use of Personal Data
As applicable, We may also use the Personal Data about You to:

• contact You about technical support, Your profile or Your Creations, other inquiries;
• provide You with services or information You have requested;
• prevent or investigate fraud or potentially illegal activities and monitor and enforce Our App Terms and Conditions;
• notify You of App updates;
• monitor or improve the use of the App or solicit input and feedback;

The collection and processing of the Personal Data mentioned in the previous paragraph is based on Art. 6 para. 1 (b) GDPR (necessary for the performance of a contract with You).

4. Disclosure of Your Personal Data
Our policy is to not disclose Your Personal Data except in the limited circumstances described in the following:
4.1. Service providers - We engage certain trusted third parties located within the European Economic Area (“EEA”) to perform functions and provide services to Us. We may share Your Personal Data with these third parties, but only for the purposes of performing these functions and providing such services and subject to the required data processing contracts.
4.2. Law enforcement - We will cooperate with law enforcement enquiries if and to the extent in compliance with applicable data protection laws. This may include preserving or disclosing any of Your Personal Data, if We believe in good faith that it is necessary to comply with a law or regulation, or when We believe that disclosure is necessary to comply with a judicial proceeding, court order, or legal request; to address fraud, security or technical issues; or to protect our rights or property.
4.3. As the case may be, the collection and processing of the Personal Data mentioned in the previous paragraph is based on Art. 6 para. 1 (f) GDPR - our legitimate interest is to enforce and protection our rights - or on Art. 6 para. 1 (c) (necessary in order to comply with a legal obligation of the data controller (Us).
4.4. Business transfers - In the event that We or any of our affiliates are involved in a bankruptcy, merger, acquisition, reorganization, Your information may be transferred as part of that process if and to the extent in compliance with applicable data protection laws.
4.5. The collection and processing of the Personal Data mentioned in the previous paragraph is based on Art. 6 para. 1 (f) GDPR. Our legitimate interest is to be able to meet our obligations in connection with any such process.
4.6. Non-personal information - We may share or disclose Your aggregated or otherwise non-personal information with third parties for industry analysis and demographic profiling and research purposes.

5. Data Storage and Retention
Your Personal Data will exclusively be stored on servers located inside the EEA subject to the required data processing agreements. We will retain Your Profile Data for as long as Your Profile is active or as needed to provide Our services. In case you decide to delete the App and/or Your Profile, we will save Your Profile Information for a period of 30 days in case You decide to restore Your Profile. We will delete Your Creations from the App if you decide to delete the App and/or Your Profile. Please note that we are unable to delete Creations that have been shared by You in accordance with Section 2.2 above. We will retain and use Your information as necessary to comply with our legal obligations, resolve disputes and enforce our agreements.

6. Cookies and Similar Technologies
We use cookies and similar technologies for a number of reasons, including to help personalize your experience.
6.1. What are Cookies? A cookie is a small piece of text that is sent to a user's browser or device. The browser provides this piece of text to the device of the originating user when this user returns. A "session cookie" is temporary and will remain on your device until you leave the App. A "persistent" cookie may be used to help save your settings and customizations across visits. It will remain on your device until you delete it. First-party cookies are placed by us, while third-party cookies may be placed by a third party. We use both first- and third-party cookies. We may use the terms "cookies" to refer to all technologies that we may use to store data in your device or that collect information or help us identify you in the manner described above, such as web beacons or "pixel tags".
6.2. How We Use Cookies
We use cookies and similar technologies for a number of reasons, as specified below. The specific names and types of the cookies, web beacons, and other similar technologies we use may change from time to time. However, the cookies we use generally fall into one of the following categories:

Necessary

Functionality

Security

Performance

Analytics

7. Google Analytics Subject to your parent’s or guardian’s consent, in order to constantly improve and optimize our offer we make use of so-called tracking technologies. To this end we make use of the services of Google Analytics. Google Analytics is a service from Google Inc., 1600 Amphitheatre Parkway, Mountain View, CA 94043, USA (“Google”). Google Analytics makes use of “cookies”, i.e. text files that are stored on your computer and enable an analysis to be made of our offer by Google. The information recorded by the cookies on the use made of our websites (including your IP address) is normally transmitted to a Google server in the USA and stored there. We draw your attention to the fact that on our websites Google Analytics were extended by the code “gat._anonymizeIp();” to ensure an anonymized record of IP addresses (so-called IP masking). At our request, your IP address is therefore recorded by Google solely in shortened form, which ensures anonymization and allows no inferences to be made to your identity. In the event that the IP-anonymize function is activated on this website, your IP address will previously be shortened by Google within the member countries of the European Union or in other contracting states that were party to the agreement on the European Economic Area. Google will make use of the said information to evaluate your use of our websites, to prepare reports on the website activities for us and to provide us with further website-related and Internet-related services. The IP address transferred from your browser by Google Analytics is not brought together by Google with other data collected. Any transfer of this data to a third party by Google is made solely on the basis of statutory regulations or within the framework of order data processing. On no account will Google bring your data together with other data recorded by Google. The legal basis for our use of Google Analytics is your parent’s or guardian’s consent, Art. 6 (1) a) GDPR. You can prevent the storage of the cookies by adjusting your browser-software settings appropriately. In this case, however, we draw your attention to the fact that you may not then be fully able to use all of the functions of these websites. You can also prevent the acquisition by Google of the data generated by the cookie and relating to your use of the website (incl. your IP address) as well as its processing by Google in that you download and install the browser plug-in available under the following link: http://tools.google.com/dlpage/gaoptout?hl=en.

8. Google Firebase

9. Security
We pride ourselves on taking commercially reasonable security measures to help protect Your Personal Data against loss, modification, misuse and unauthorized access, or disclosure. We use reasonable security measures to safeguard the confidentiality of Your personal information such as secured servers using firewalls. We use access control mechanisms to ensure that only authorized personnel can access your personal data. Unfortunately, no website or internet transmission is ever completely 100% secure and even We cannot guarantee that unauthorized access, hacking, data loss or other breaches will never occur, but here are some handy tips to help keep Your data secure. Please make sure You log out of Your Account after use. Please don't share Your password with anyone else.

10. Changes to this Policy
We may revise this Privacy Policy from time to time. The most current version of the policy will govern our use of Your Personal Data and will always be at https://www.earthspeakr.art/privacy. If We make a change to this Privacy Policy that, in our sole discretion, is material, We may notify You, for example, via an email to the email associated with Your Account or by posting a notice within the App. By continuing to access or use the App after those changes become effective, You agree to be bound by the revised Privacy Policy.

11. Your Rights
You have certain rights over Your Personal Data and We as data controller are responsible for fulfilling these rights as follows: You may access and review Your Personal Data held by Us as a data controller at any time free of charge. You may request the correction and/or deletion and/or blocking of Your Personal Data as the case may be. You may request the restriction of data processing. Where personal data is processed based on Your consent, You may withdraw Your consent at any time by contacting Us. You have the right to receive the Personal Data We retain about You in a structured, commonly used and machine-readable format. Upon Your request, we will transfer Your Personal Data to another data controller. In order to exercise any of the rights mentioned in this section or should You have any questions, comments or inquiries concerning our collection, processing and use of Your Personal Data, please contact Us at privacy@earthspeakr.art. You also have the right to lodge a complaint with the competent data protection authority.

This Privacy Policy was last updated on Thursday, July 1, 2020.