1. INTRODUCTION

By accessing our website and using our products, you are likely to provide us with data such as: your first and last name (natural person), company name (legal entity), e-mail address and the IP address from which you are connected to the Internet and certain body signals. This data and its processing are protected by the revised Swiss Federal Data Protection Act of September 1, 2023(nLPD) and, to the extent applicable, by the European Union’s new General Data Protection Regulation (GDPR), which came into force on May 25, 2018. Data protection is a key concern for us. The purpose of this privacy statement is to inform you about the data we process and to help you understand how we may use the data you voluntarily provide to us as a user of our site or when you communicate with us in any other way.

2. LEGAL BASES

When we process your personal data, our processing activities are based on :

• User consent: Whenever we require personal information outside our standard operations, we seek your clear and informed consent.
• Fulfilment of a contract: When you make a purchase or use our services, certain data is required to fulfill our contractual obligations to you.
• Legitimate interest: We are constantly seeking to improve our services, which may sometimes require data analysis to identify areas for improvement.
• Legal compliance: In some cases, laws or regulations dictate how we process certain data. In these cases, we always follow the required legal guidelines.

3. UPDATING

Our privacy policy may need to be updated from time to time, particularly in the light of changes in the legal or regulatory framework for data protection. We invite you to check this page regularly to ensure that you have read the most recent version. Last update :01/11/2024

4. URL OF OUR SITE

https:/ovomind.com

5. DEFINITIONS

Biosignals: Biosignals refer to data concerning physiological activities of the body, which may include heart pulse, body temperature, micro-sweating, and physical movements. These signals are used to provide insights into your emotional reactions and enhance your user experience.

Cookies: a cookie is a text file that the site you are visiting stores on the hard disk or in the browser memory of the computer you are using to access the Internet. A cookie allows your computer to store various technical data enabling general control of public access to a site (number of visits, length of visit, connection to other sites, etc.) or personalization of the pages displayed with a view to your future interactions with the same site (your account, the pages you visit most, etc.). Privacy Impact Assessment (PIA) Detailed study aimed at establishing the privacy risk that a personal data processing operation could have on the privacy of the data subjects if an incident were to occur.

File: a file is any set of personal data whose structure makes it possible to search for data by data subject. Purpose of processing The purpose of processing is the reason why data is collected and processed.

IP address: the IP address is an identification number that is permanently or temporarily assigned to each connection to a computer network using the Internet Protocol.

Personal data: personal data is data that can be used to identify you or that we can associate with you. It includes any information relating to an identified or identifiable natural or legal person (by grouping information). Examples of such data include surname, first name, postal address, domicile or residence, company name, registered office, e-mail address, telephone number, age, occupation, professional status, position held within a company, etc.

Plugins: a plugin is a computer program designed to add functionality to another piece of software (called the host software). For example, social networking buttons. Equivalent terms: “plug-in”, “Add in”, “Add on”. 

Processing: any operation or set of operations involving personal data, whether or not carried out by automated means, in particular collection, recording, organization, use, storage, adaptation, modification, retrieval, consultation, use, disclosure by transmission, dissemination or otherwise making available, alignment or combination, restriction, erasure or destruction.

Subcontractor: a processor is any natural or legal person, public authority, department or other organization that processes personal data on behalf of the controller. For example, a website host or an online service provider, particularly for e-mail.

6. TREATMENT OF YOUR DATA

We will only process data that you provide us with voluntarily and for which you have given your explicit consent. This includes biosignals, which are collected through sensors embedded in our products. The collection of these signals requires your explicit consent due to their sensitive nature.

Contact form

Through our website, you can fill in a contact form. You will be asked to provide your email address. We may also ask you to provide your first name and last name, the name of your company, address and/or a phone number.

You have the possibility to write a message related to your contact. We recommend that you keep your message concise and that you do not provide us with any personal information.

Newsletter

You can also choose to receive our newsletter by ticking the appropriate box. If you have subscribed to our newsletter and no longer wish to receive it, you can unsubscribe by clicking on the “unsubscribe” link at the bottom of the newsletter.

7. PURPOSES OF PROCESSING

The biosignals we collect are used for the following specific purposes:

• To improve user experience by adjusting the response of the games you play with our product according to the physiological feedback provided by your body signals.
• For research and development to enhance product functionality and to enable developers to create new games and features triggered by players’ emotional response. For this purposes, we will anonymize data and not share any data that contains identifiable personal information.

The collection and processing of biosignals, which are considered sensitive data, are subject to the highest standards of confidentiality and integrity. We commit to only using this data for the purposes explicitly agreed upon by you and will not share these details with third parties without your express consent.

The personal data we process is used in the context of our business relationship, or more generally to be able to communicate with you, to refine the subjects of interest to you, to send you information that is relevant to you as well as to maintain our list of contacts and customers.

To put it plainly, we process your data solely for the purpose of meeting your expectations in the best possible way.

We do not sell and will never sell your personal data. We do not make it available to third parties, except in cases where we use subcontractors to process the data.

8. RETENTION PERIOD OF PERSONAL DATA

Your data will be stored in our systems for the time required for the intended processing. Old data is archived and made anonymous or destroyed.

9. TRANSFER OF YOUR DATA

To process your data, and to maintain and support our IT systems, we use subcontractors (service providers) based in Switzerland or in other countries which meet the nLPD and GDPR standards.

10. DATA PROTECTION MEASURES

We endeavor to maintain a high level of security when collecting, processing and storing data, using organizational and technical measures and taking the necessary and useful precautions with regard to the nature of the personal data that you are likely to communicate to us and the risks presented by their processing in order to preserve their security and prevent them from being altered, damaged, destroyed or accessed by unauthorized third parties. Special attention is paid to the secure processing and storage of biosignals. We use advanced encryption and secure data storage technologies to ensure the confidentiality and integrity of your biosignals.

11. COOKIES & PLUGINS

Our site uses plugins and cookies which may automatically record information. They are used to make the site more user-friendly by improving its ergonomics based on the data collected. This data may also be used for statistical purposes, to analyze web-user behavior and geolocation, in order to personalize our commercial offering.

When you browse our site, the computer you are using communicates with a server that provides it with all the resources requested, automatically recording each operation in a specific file in which the computer used is identified by its IP address. In this way, the browser you are using transmits certain standard data to us, in particular concerning the browser used and its functionalities, the operating system of the computer, tablet or smartphone used, any third-party sites from which you may have logged on, and the dates and times of access to our site.

These data, and in particular the IP address from which you are connected, do not allow us to identify you by name.

Marketing analysis and targeting plugins

Our site uses marketing analysis and targeting services provided by third-party companies (suppliers). These services are made possible by the use of cookies. The data generated by cookies concerning your use of the site, including your IP address, is transmitted to and stored on servers that may be located abroad, including in a country offering a lower level of data protection than Switzerland or the European Union.

The provider will use this information to evaluate your use of the site, to compile reports on site activity and to provide other services relating to site activity and Internet use. The supplier may disclose this information to third parties where required to do so by law, or where such third parties process the information on their own behalf.

Social network plugins

Our website uses social plugins. These plugins are marked with logos.

If you open a page on our website containing one of these plug-ins, your Internet browser establishes a direct link with the servers of the relevant social network. The content of the plugin is transmitted directly by the social network concerned to your Internet browser and integrated into the web page by the latter.

Thanks to the integration of cookies on the pages of our site, the social network concerned is informed that you have consulted one or more pages of our website. If you are connected to a social network when you visit our site, it is able to attribute your visit to our site to your account with them.

To find out about the purposes and scope of data collection and processing by the social networks of which you are a member, as well as your rights in this area and the possibilities for setting up your account to protect your privacy, we recommend that you consult their privacy policy.

The following social plugins are installed on our site:

• Meta
• Twitter (X)
• Amazon

12. HOW YOU CAN CONTROL YOUR TRACKS

• You can deactivate plugins and cookies via the console provided for this purpose. This is accessible via the cookies banner that appears at the bottom of the home page when you visit our website. To personalize or deactivate plugins and cookies, select the “personalize” button.
• Recent versions of the main browsers not only allow you to prevent cookies from being saved, but also to carry out browsing sessions at the end of which all cookies installed during the session are automatically deleted, regardless of their expected lifetime, thus offering better protection of traces.

13. YOUR RIGHTS

Right to information

You have the right to be informed about the personal data concerning you, in particular the nature of the data and the purpose of the processing.

Right to access data

You have the right to request access to your data at any time. In particular, you have the right to access the biosignals collected from you and receive information about how they are being used.

Right to rectify data

You have the right to request that your data be corrected or updated.

Right to erasure of data (Right to be forgotten)

Under applicable data protection laws, individuals have the right to request the complete and permanent deletion of their data. In order to apply the measures that are most favorable to you, we extend this right to Swiss residents.

Right to limit data processing

You have the right to restrict the processing of your data, in particular as regards the nature, purpose and duration of the processing.

Right to data portability (transmitted to a third party on your instructions)

Under applicable data protection laws, individuals have the right to request that their data be passed on to third parties. In order to apply the measures most favorable to you, we extend this right to Swiss residents.

Right to object to data processing

You have the right to object to the processing of your data at any time.

Right not to be subjected to an automated individual decision

You have the right not to be subject to a decision resulting exclusively from automated processing that produces legal effects concerning you or significantly affects you. Profiling is expressly included.

14. CONSENT PROCEDURE

Consent for the collection and use of biosignals is obtained separately from other consents. This consent is documented and stored as proof of compliance with legal requirements. You will be provided with clear, specific information regarding what biosignals are collected, why they are collected, and how they will be used before you are asked to give your consent.

15. EXERCISING YOUR RIGHTS & INFORMATION

You can exercise your rights or ask us for information by contacting us at [email protected] by post at the address below. We will do our utmost to reply as soon as possible.

Address: 34, route de la Galaise, 1228 Plan-les-Ouates, Switzerland