PRIVACY POLICY 

WITH THE PURCHASE AND / OR THE DOWNLOAD OF THE APPLICATION (“Application”) OF FEINGOLD TECHNOLOGIES GmbH (“Feingold”, “we”, “our” or “us”), YOU (“you” or “user”) AGREE THAT YOU HAVE READ, UNDERSTOOD AND AGREED COMPLETELY TO THE TERMS OF THIS PRIVACY POLICY (“Privacy Policy”). IF YOU DO NOT AGREE TO THIS PRIVACY POLICY, YOUR SOLE REMEDY IS TO NOT ACQUIRE OR USE THE APPLICATION.

 

The underlying terms and conditions for this Application are available in a separate agreement under „TERMS OF USE“.

Feingold is committed to protecting your privacy. This Privacy Policy governs your use of any Applications created by Feingold on mobile devices. This is to inform you about our policies and practices regarding the collection, use and disclosure of personal and anonymous data which you transmit to us via the use of the Application.

“Personal Data” means data that allows someone to identify or contact you, including, for example, your name, address, telephone number, e-mail address, as well as any other non-public information about you that is associated with or linked to any of the foregoing data. “Anonymous Data” means data that is not associated with or linked to your Personal Data; Anonymous Data does not, by itself, permit the identification of individual persons. We collect Personal Data and Anonymous Data, as described below.

 

User Consent

By using our Application, you are consenting to our processing of your Personal Data as set forth in this Privacy Policy now and as amended by us in the future. “Processing” means using data collected on a computer/hand held device or using or touching information in any way, including but not limited to, collecting, storing, deleting, using, combining and disclosing information. Your Personal Data may be processed in the country in which it was collected and in other countries in the EU, where laws regarding processing of Personal Data may be less stringent than the laws in your country.

 

User Provided Data

For some of our Applications, users are required to create a user account. To create a user account, all you need to do is to provide a valid email address as your username and a password (according to the security requirements). We may also collect some of the following data provided to us by you voluntarily, such as your name, age and gender, and information you provide us when you contact us for help. We may also use the information that you provide to us to contact you from time to time to provide you with important information, required notices and marketing promotions.

 

Automatically Collected Data

In addition, the Application may collect certain information automatically during usage, such as usage patterns, voice frequency relations and analysis results. We collect this data to provide the services you requested and to continually improve the quality of our services.

 

Data Processing and Storage

This Application uses Feingold‘s exclusive VerityVoice technology to measure emotional states in the voice signal. To do this, characteristic combinations of frequency patterns and their intensity ratios are analyzed.

Recording. The user is requested to perform a recording of at least 10 seconds duration. The speech record itself is saved temporarily ONLY on the mobile device and never leaves your device. It is not sent to our server, and is deleted afterwards in any case.

Processing. From this recording, the Application extracts only the specific frequencies that are required for the pattern calculation. It is impossible to reconstruct information about who was talking or what was said from this extract.

Transmission. To perform the analysis and get the feedback, the Application anonymizes those extracts and sends them to the designated secured servers, using a secure and encrypted connection.

Analysis. When the Application is closed, the connection to the server is terminated and any temporary local recording is wiped out. Only a set of numerical extracts remains on the server. These extracts cannot be used to identify speech content in any case. However, this data serves to support the integrity of the system and the algorithm adaptations for improved analysis.

Deletion. When the Application is closed, the connection to the server is terminated and any temporary local recording is wiped out. Only a set of numerical extracts remains on the server. These extracts cannot be used to identify speech content in any case. However, this data serves to support the integrity of the system and the algorithm adaptations for improved analysis.

 

Usage of Data

If you state that you would like to receive communication material from us, the Personal Data you submit will either be used to respond to your inquiry or to send you the press information, general announcements or other general information about us and our products, and to continually improve our products and services. Our customers can inform us at any time that they do not wish to continue receiving product information updates from us.

As described in detail below, we can disclose your Personal Data to Third Party Providers to deliver our services. We can also use your Personal Data to inform you about changes and updates to the Application as long as you do not object to such communication. .

We may create Anonymous Data records from Personal Data by excluding information (such as your name) that makes the data personally identifiable to you. We use this Anonymous Data to analyze request and usage patterns so that we may enhance the content of our Applications. Feingold reserves the right to use Anonymous Data for any purpose and disclose Anonymous Data to third parties, including but not limited to our research partners, in its sole discretion.

 

Feedback

If you send us your feedback to info@feingoldtech.com, we can use your feedback for any purposes as long as we do not associate it with your Personal Data. We will collect all information from this communication, and treat the Personal Data contained therein according to this Privacy Policy.

 

Disclosure of Personal Data

Apart from the instances described in this Privacy Policy, we do not disclose or sell your Personal Data to Third Party Providers. We may share your Personal Data with our third party service providers to process your payments, or to provide you access to our services. These third party service providers are required not to use your Personal Data other than to provide the services requested by Feingold, and they are bound to our non-disclosure agreements. You hereby consent explicitly to the disclosure of Personal Data to third party providers for the sole purpose of delivering you our services and products.

We may share some or all of your Personal Data with our parent company, subsidiaries, joint ventures, or other companies under a common control (“Affiliates”), in which case we will require our Affiliates to honor this Privacy Policy. If another company acquires our company, business, or our assets, that company will possess the Personal Data collected by us and will assume the rights and obligations regarding your Personal Data as described in this Privacy Policy. In the unlikely event of an insolvency, bankruptcy or receivership, your Personal Data may also be transferred as a business asset.

Regardless of any choices you make regarding your Personal Data (as described below), Feingold may disclose Personal Data if it believes in good faith that such disclosure is necessary (a) in connection with any legal investigation; (b) to comply with relevant laws or to respond to subpoenas or warrants served on us; (c) to protect or defend the rights or property of Feingold or users of the Services; and/or (d) to investigate or assist in preventing any violation or potential violation of the law, this Privacy Policy, or any applicable Terms of Use.

 

Choices regarding your Personal Data

We offer you the following choices regarding the collection, usage, and sharing of your Personal Data. You have the choice to request information from us, when you download or purchase any of our Applications. We may periodically send you free newsletters and e-mails that directly promote the use of our Applications. When you receive newsletters or promotional communications from us, you may indicate a preference to stop receiving further communications from us and you will have the opportunity to “opt-out” by following the unsubscribe instructions provided in the e-mail you receive or by contacting us directly (please see contact information below). Despite your indicated e-mail preferences, we may send you service related communication, including notices of any updates to our Privacy Policy.

 

Data Retention / Data Deletion Policy

You may request deletion of your Personal Data by sending an e-mail to the address set forth below, but please note that we may be required to keep this information and not delete it (or to keep this information for a certain time, in which case we will comply with your deletion request only after we have fulfilled such requirements). In any case, we delete your data if: a) you explicitly tell us to do so. In order to express this intention, send a simple e-mail from the account you used as user name with subject “Account deletion” to dataprotection@feingoldtech.com; b) you have not used the Application for a long time. We reserve the right to deactivate your account after 12 months of inactivity. You will be notified by e-mail. Upon no response to the e-mail and upon ongoing non-usage you will receive a second reminder notification via e-mail before ultimate deletion. Upon no response to the second reminder and upon ongoing non-usage, we will delete your data eventually and it cannot be restored.

 

A note about children

We do not use the Application to knowingly solicit data from or market to children under the age of 13.

 

Other Websites

The Application can contain links to websites maintained by third parties. These sites are not under the control of Feingold. Feingold is not responsible for the content of third party websites or pages contained in their links. Feingold provides these links only as a convenience, and does not verify, validate, monitor, support, guarantee or comment on third-party websites. Please note that this Privacy Policy does not extend to such external websites.

 

Data Security

Feingold is committed to protecting the security of your Personal Data. We use a variety of industry-standard security technologies and procedures to help protect your Personal Data from unauthorized access, use, or disclosure. For example, we limit access to your Personal Data to employees and contractors who need to know that information in order to operate, develop or improve out Application. We secure any information that you submit to us through physical, electronic and administrative measures. In line with industry standards, our Applications use Secure Sockets Layer (SSL-) Encryption for all channels through which Personal Data is transmitted. Please be aware that, although we endeavor to provide reasonably security for information that we process and maintain, no security system can prevent all potential security breaches. Therefore, while we use reasonable efforts to protect your Personal Data, we cannot guarantee its absolute security.

 

Contact Information

Feingold welcomes your comments or questions regarding this Privacy Policy. Please e-mail us with the subject “Privacy Policy” at dataprotection@feingoldtech.com.

 

Changes to This Privacy Policy

This Privacy Policy is subject to occasional revision, and if we make any material changes in the way we use your Personal Data, we will notify you by sending you an e-mail to the last e-mail address you provided to us and/or by prominently posting notice of the changes here. Please consult the Privacy Policy regularly for any changes. Continued use of our Application, following notice of such changes shall indicate your acknowledgement of such changes and your agreement to be bound by the terms and conditions of such changes.

 

TERMS OF USE 

Feingold Technologies GmbH (“Feingold”, “we” or “us”) grants you the right to use this Application (“Application”) according to the following terms (“Terms of Use”, ”Terms”). ANY PURCHASE OF OUR PRODUCT OR SERVICES IS SUBJECT TO THESE TERMS OF USE.

PLEASE READ THESE TERMS AND CONDITIONS CAREFULLY. BY ACCESSING THE APPLICATION, YOU AGREE TO BE BOUND BY THESE TERMS OF USE. IF YOU DO NOT AGREE TO THESE TERMS OF USE, YOU MAY NOT ACCESS OR USE THIS APPLICATION.

  1. LICENSE. Feingold is the owner, creator and operator of the Application. Documents, additional information, methods and content that are available in the Application (“Application Content”), are protected by copyright of the respective owner or creator. Any unauthorized copying or modification, distribution or usage of Application content is strictly prohibited. Feingold and its suppliers reserve all rights not expressly granted in these Terms of Use.
  2. TRADEMARKS. “Feingold” and other related graphics, logos, and trade names are trademarks of Feingold and may not be used in connection with products or services of third parties without authorization. Other trademarks, service marks and trade names that may appear are the property of their respective owners.
  3. MODIFICATION. Feingold reserves the right to change or modify Application content, the Application or any part thereof, and to temporarily or completely remove it at any time. You agree that Feingold will not be liable to you or any third party for any changes or modification of Application content and temporary or complete removal of the Application.
  4. FEEDBACK. Feingold treats any feedback and any suggestions you provide to us as non-confidential and not subject to property rights. THEREFORE UNLESS THERE IS A WRITTEN AGREEMENT TO THE CONTRARY BETWEEN YOU AND FEINGOLD, ALL RIGHTS TO YOUR FEEDBACK OR PROPOSALS ARE TRANSFERRED TO FEINGOLD.
  5. PRIVACY. The Feingold PRIVACY POLICY is hereby explicitly a part of these Terms of Use.
  6. LINKS TO THIRD PARTIES. The Application can contain links to websites maintained by third parties. These sites are not under the control of Feingold. Feingold is not responsible for the content of third party websites or pages contained in their links. Feingold provides these links only as a convenience, and does not verify, validate, monitor, support, guarantee or comment on third-party websites.
  7. USAGE NOTICE AND LIMITED WARRANTY. This Application is only for personal, private use, and as such should be used only for personal reference. The Application, all its components and output are protected by copyright law. It does NOT substitute any form of medical analysis, treatment or expert therapy, particularly with regard to stress management.

Each Application is designed in collaboration with experienced subject matter experts and by using best practices of content research, app design and code development. We have done our best to make sure that you are satisfied with the results and with the on-going usage. However, for complex, dynamic topics there cannot be universally valid recommendations. Therefore, please keep the following aspects in mind while working with the Application: Information, tips and examples are for inspiration and/or illustration purposes only, and are not meant to be used verbatim. Improved results as indicated by feedback from the Application do indicate an increase in the probability of success across people and situations. In an individual case however, good feedback results do not necessarily warrant a successful outcome of a conversation or situation. The user is advised to assess applicability of information and feedback provided by the Application in each individual case.

ANY LIABILITY FOR THE COURSE OR THE OUTCOME OF A CONVERSATION OR SITUATION IS HEREBY EXPRESSLY EXCLUDED.

FURTHERMORE, FEINGOLD SHALL IN NO EVENT BE LIABLE TO THE USER FOR ANY INCIDENTIAL, DIRECT, INDIRECT, CONSEQUENTIAL, SPECIAL OR PUNITIVE DAMAGES (INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOST DATA, LOSS OF USE, OR ANY COST TO PROCURE SUBSTITUTE USAGE) ARISING FROM OR IN ANY WAY CONNECTED WITH THE PURCHASE OF, OR THE OPERATION OF, OR THE INABILITY TO USE THE APPLICATION AND ITS CONTENT EVEN IF WE OR OUR AGENTS KNOW OF THE POSSIBILITY OF SUCH DAMAGES. UNLESS THESE TERMS APPLY, THE CUMULATIVE LIABILITY OF FEINGOLD IN CONNECTION WITH THESE TERMS AND CONDITIONS OR THE APPLICATION, WHETHER ON GROUNDS OF CONTRACTUAL OBLIGATION THAT IT IS UNLAWFUL, OR OTHERWISE, SHALL NOT EXCEED THE PURCHASE PRICE OF THE RESPECTIVE PRODUCT OR THE MAXIMUM OF EUR 30.00.

  1. CHANGES. Feingold may at any time revise the Terms of Use by updating the information contained herein. By using this Application, you agree to comply with the revised points. Therefore, you should visit this area frequently to review the current Terms of Use. Certain provisions of these Terms may be revoked by expressly designated legal notices or terms in specific sections.
  2. GENERAL PROVISIONS. If any provision of these Terms, for any reason is held to be invalid or not enforceable, the other provisions shall remain unaffected. The invalid or not enforceable provision must be changed so that it is valid and enforceable to the highest extent permitted by law. These Terms and conditions and any related action are governed by the laws of the Federal Republic of Germany. By using this Application, you expressly consent to the jurisdiction of Munich, Germany, and agree that any cause of action you raise regarding these Terms and Conditions will be brought solely before those courts. These terms of use are not under the UN Sales Convention (CISG), the Application of which shall be expressly excluded.

For questions about the previous sections, please contact us at the following email address: info@feingoldtech.com.