Version 1.0, February 2019
Many thanks for your interest in how we handle privacy and protection of your data at Retorio GmbH (commercial register Local Court Munich number HRB 243225- “Retorio”, “we”, “us” or “our”).
DECLARATION OF CONSENT
WE COLLECT, USE, TRANSFER OR FORWARD PERSONAL DATA IN COMPLIANCE WITH THE PRIVACY PROTECTION LAWS OF THE FEDERAL REPUBLIC OF GERMANY AS WELL AS WITH THE PRIVACY REGULATIONS OF THE EUROPEAN UNION.
I Products and Services
The SaaS has the purpose to provide you an objective personality profile of you by analyzing video and audio recordings of communications based on artificial intelligence technology. The SaaS measures personality traits according to the OCEAN framework, which is also known as the Big-5 personality model. Therefore, you start a video communication (a “Video Call”) via a web-application, which may be recorded and stored permanently. When using the SaaS you can upload and share your own documents (the “User Generated Content”). Your video and audio recordings may include Personal Data. While providing our SaaS we collect and store the following information about your Video Call:
- Video Call ID,
- names of all session participants (only if you registered before),
- IP addresses of all session participants; and
- time-stamps of account registration.
Storing User Generated Content on [Google Cloud] may be deemed as contract data processing (the “Contract Data Processing”) depending on the information stored in the User Generated Content. Contract Data Processing will be subject to a separate agreement.
We use these information only to provide you with the best possible Retorio SaaS. We provide speech analytics services. Our services enable you, at your express request, to record, analyze and share for a limited period of time the recordings of the audio stream (the “Audio Recording”) and/or the video stream (the “Video Recording”) during a Video Call (the Audio Recording and Video Recording together the “Audio and/or Video Recording”) including associated data and documentation. At your express request, we transcribe and analyze an Audio Recording (the “Audio Analysis”) e.g. for keywords. The Audio and/or Video Recording and Audio Analysis of may contain Personal Data.
II Audio and/or Video Recording
If you use a feature of our SaaS that allows for Audio and/or Video Recordings, we collect information from you that you provide in connection with such use and through such Audio Recordings, to the extent you provide it to us. This information may include Personal Data, if you provide us with Personal Data.
Attendees shall please be advised that for any Video Calls you attend, Audio and/or Video Recording can be enabled by a Video Call host. By signing up for our SaaS or otherwise using them in any way, including without limitation by attending any Video Call, you expressly acknowledge that we may, if instructed by a Video Call host, make and store an Audio and/or Video Recording of a Video Call, and may make the respective Audio and/or Video Recording available to hosts and other Attendees at the direction of the Video Call host. If you do not want to be recorded, you can choose to leave the Video Call.
Gesture analysis: Retorio evaluates your Video Recordings using gesture recognition algorithms. These algorithms quantify your movements and store motion information. This information is then evaluated using various analysis methods, e.g. to determine how your gestures work. By using the Retorio SaaS, you expressly agree to the quantification and evaluation of your recorded movements.
Voice analysis: The SaaS records your voice and quantifies voice patterns, e.g. via your voice height, voice volume and volume. The quantified voice patterns are evaluated with regard to different effects (e.g. emotions) and enable the Retorio SaaS to give you feedback on the effects of your voice.
Language analysis: The SaaS quantifies your voice-to-text, i.e., your spoken words, and transcribes them. Then the spoken words are analysed with existing NLP libraries (e.g., sentiment). This is done to give feedback about, for instanc, people's emotional word content.
Facial Analysis: Retorio uses face analysis algorithms to determine your facial expression and its effect. Retorio SaaS process esyour facial expression both locally through your browser and centrally on servers. The facial analysis generates personal data such as estimates of your age, skin color/ethnia and gender. Furthermore we collect and store information about your emotions on your face. This information is used to provide you with appropriate feedback on your effectiveness and to improve Retorio SaaS. By using our SaaS, you expressly consent to the processing and storage of this information.
III Audio Analysis
Attendees shall please be advised that for any Video Calls you attend, Audio Analysis including Audio Recording can be enabled by a Video Call host. By signing up for our SaaS or otherwise using them in any way, including without limitation by attending any Video Call, you expressly acknowledge that we may, if instructed by a Video Call host, make and store an Audio Recording and Audio Analysis of a Video Call, and may make the respective Audio Recordings and/or Audio Analysis available to hosts and other Attendees at the direction of the Video Call host. [If you do not want to be recorded, you can choose to leave the Video Call.
Audio Recordings are extracted from the video data captured by our SaaS and converted into text using speech recognition. Voice recognition applications from external partners are used for this purpose. This ensures optimum evaluation quality and the use of state-of-the-art technologies. In case you enable the Audio Analysis, our automatically sends the Audio Recording to Google Cloud and receives it back in evaluated form. If necessary, Audio Recordings are transmitted to servers outside Europe (usually in the USA).
IV Your Retorio Account
In order to activate and/or use some of our SaaS, you will need to create an account (the “Account”). During the process of setting up your Account, we will ask you for certain Personal Data such as your
- e-mail address;
- personal name;
- company name;
- company website;
- your position/department
- number of positions you usually hire
- IP Address; and
- Time-stamp of Account registration.
We need this information to allow you to activate, manage or use your Retorio products and services. We may associate your email address and other Personal Data (such as name, telephone number and address) with your Account and access of our products or services. For further information, please see the User Experience and Statistics section below.
Device-related information: In addition, Retorio SaaS collects device-related information, such as model information of the hardware you are using, device identifiers, or the version of your operating system. Retorio may link this information to your user profile.
Log data: When you use our SaaS, we may collect and store certain information in server logs. This may include details about your behavior patterns when using the SaaS, such as the average length of your records, information about device features and events such as crashes, system activity, hardware configurations, browser variant and language, time of your request, referral URLs, and cookies.
Location-related information: When you use the SaaS, we may collect and process information about your location, such as IP addresses or WLAN access points. This information is used exclusively to personalize our services (e.g. automatic recognition of your native language) and to improve our services.
Local storage: The SaaS partly stores data locally on your device (e.g. in the web memory of your browser), e.g. to provide real-time feedback on your communication behavior. This data is usually deleted automatically by your device.
Cookies and similar technologies: We use various approaches to collect and store information when you use our services. Cookies do not damage your computer and do not contain viruses. Cookies are used to make our services more user-friendly, effective and secure. These are small text files which are stored on your computer by your browser. Most of the cookies we use are so-called "session cookies". They are automatically deleted at the end of your visit. Other cookies remain stored on your terminal until you delete them. These cookies enable us to recognize your browser during your next visit. You can set your browser so that you are informed about the setting of cookies and only allow cookies in individual cases, accept cookies for certain cases or generally exclude them and activate the automatic deletion of cookies when closing the browser. If cookies are deactivated, the functionality of Retorio services may be restricted.
V Third Party Technolgy
If you do not agree to such a data transfer, please use your Retorio Account as a login instead of Google Sign-In.
Inviting others to use our products or services
You can invite a third party, e.g. your customer, to try our SaaS via email, Google etc.. To use the email invite feature, you will have to enter the third party’s email address (which is Personal Data). Retorio will then send your invitation to the email address you provide. This email invitation will contain your Personal Data (including your name and the email address you entered into your Account). Please do not do this without getting consent from the third party. If you choose to share the invitation via Facebook, Twitter or Google, you will need to log in to each service. We will interface with the respective API in order to share a link inviting the third party to our SaaS.
You can visit most areas of the Retorio website without disclosing any Personal Data. Retorio only logs the domain name, IP address and browser type of our website visitors via our web server log files and analytics tools at irregular intervals. We use this information to log global access to our website.
For our SaaS we will ask that you provide sign-up an Account at Retorio – see above “Account”.
In some cases, you will be unable to complete a particular step in the process if you do not want to provide the information requested. For example, we will ask for Personal Data in the following instances:
- If you use our online technical support or ask questions about our products and services using the contact form or the contact options on our website, we will ask you to give us Personal Data required for processing the support request. This can include your email address, name and address, as well as information about your computer hardware and software and the type of problem you have.
- If you have requested a test license on our website, in order to activate such license, you may have to provide Personal Data, such as an email address.
- If you request a service from us via our website.
- If you participate in a survey on our website.
- If you subscribe to a newsletter. If you signed up for a newsletter and no longer want to receive it, you can unsubscribe at any time by using the unsubscribe option provided in the email or by sending us an email using the contact information provided below.
User Experience and Statistics
We use our own technology (including soft authentication systems, storage and messaging engines, databases and big data repositories) to perform statistical evaluations using pseudonymized user profiles. We do this to optimize your experience with our products and provide relevant content and advertisements. If you utilize multiple email addresses to access your Retorio Account, we may tie those emails to one profile. We may combine information we gather about your use of one product or service with your use of another product or service.
We also use the information we collect to offer you content, search results and advertisements that will be of most interest to you. We believe more relevant advertising provides a better Internet experience. This is also how we support our business while still providing certain products or services to you free of charge. As part of this process, we may collect information about how you use and interact with the advertisements that we offer. We may also use information about how you use our products and services across various Devices. Based on this Device-specific information (for example, the hardware model, operating system, version, device, mobile network information including your phone number) and the unique application number assigned to some of our products and services, we may be able to compile a personal profile about you.
In addition to our own proprietary technology, we use the following third-party analytics tools to better understand your interaction with our website and use of our products/services. Our ultimate goal is to create a more user-friendly experience for you:
You also have the option to prevent Google from acquiring and processing data generated by Cookies and data related to your use of our website (including your IP address) by downloading and installing a Google-provided browser plugin.
More information about Google Analytics can be found here.
Our website measures conversions using visitor action pixels from Facebook, Facebook Inc., 1601 S. California Ave, Palo Alto, CA 94304, USA (“Facebook”).
These allow the behavior of site visitors to be tracked after they click on a Facebook ad to reach the provider’s website. This allows an analysis of the effectiveness of Facebook advertisements for statistical and market research purposes and their future optimization.
You can also deactivate the custom audiences remarketing feature in the Ads Settings section at https://www.facebook.com/ads/preferences/?entry_product=ad_settings_screen. You will first need to log into Facebook.
Google Tag Manager
Using Google Tag Manager: Google Tag Manager is a solution that allows marketers to manage website tags through a single interface. The Tool Tag Manager itself (which implements the tags) is a cookie less domain and does not collect any personal data. The tool triggers other tags, which in turn may collect data. Google Tag Manager does not access this data. If deactivation has been made at the domain or cookie level, it remains for all tracking tags implemented with Google Tag Manager.
Click here to opt out of Google Tag Manager collection.
We use the "LinkedIn pixel" from LinkedIn Ireland, Wilton Plaza, Wilton Place, Dublin 2, Irland (»LinkedIn«). This allows users' behaviour to be tracked after they have seen or clicked on a LinkedIn ad. This process is used to evaluate the effectiveness of LinkedIn advertisements for statistical and market research purposes and can help to optimise advertising measures. The data collected is anonymous to us, so it does not give us any indication of the identity of the users.
Tailored audiences is the tool of Twitter Inc., 1355 Market Street, Suite 900, San Francisco, CA 94103, USA, www.twitter.com (“Twitter”), used to target existing users and customers to create remarketing campaigns. Targeting activity can include directly reaching out to users or visitors to the ThoughtWorks website and campaign pages and/or retargeting previous customer lists. Twitter sets a minimum size limit for a tailored audience to 500 users. If the tailored audience does not match 500 Twitter users, it will display as "audience too small" and will not be available for targeting. Details about Twitter’s policies for conversion tracking and tailored audiences can be found at https://business.twitter.com/en/help/ads-policies/other-policy-requirements/policies-for-conversion-tracking-and-tailored-audiences.html.
Furthermore, to improve the user experience on our website, we use the live chat service "Messages" from HubSpot (round chat icon at the bottom right of the screen) for sending and receiving messages on some subpages. If this function is enabled and used, the following data will be transmitted to the HubSpot servers: Content of all sent and received chat messages, Context information (e.g. page on which the chat was used), Optional: e-mail address of the user (if provided by the user via chat function)
If you generally do not want HubSpot to collect data, you can prevent cookies from being stored at any time by changing your browser settings.
More information about HubSpot can be found here.
Use the following link to find out how to prevent Hotjar from collecting data: https://www.hotjar.com/opt-out.
We use third-party analytics services to help understand your usage of our services. In particular, we provide a limited amount of your information (such as your email address and sign-up date) to Intercom, Inc. (“Intercom”) and utilize Intercom to collect data for analytics purposes when you visit our website or use our product. Intercom analyzes your use of our website and/or product and tracks our relationship so that we can improve our service to you. We may also use Intercom as a medium for communications, either through email, or through messages within our product(s). As part of our service agreements, Intercom collects publicly available contact and social information related to you, such as your email address, gender, company, job title, photos, website URLs, social network handles and physical addresses, to enhance your user experience.
VI Additional Information
Sharing information with third parties
Retorio does not forward or sell Personal Data to third parties. If we work with advertising and publishing partners, we will only share non-Personal Data as fully explained below.
However, we may engage other companies to process data on our behalf. For example, we work together with Stripe (https://stripe.com) and chargebee (https://www.chargebee.com/) to provide you with a convenient way to order, pay for our SaaS. With any such provider, we will only share Personal Data if we have an appropriate data processing agreement in place. We will only transfer the minimum amount of Personal Data we need in order for the data processing to occur. Such companies must adhere strictly to data protection legislation. They must also treat your Personal Data confidentially and use it only for providing us the data processing services. They must not use your Personal Data for their own business purposes. As we are a global corporation, we may store and process your personal information on a server outside the country where you live.
Finally, Retorio may disclose your Personal Data if we are required by law to provide it to governmental agencies, courts or other authorities.
Protecting Personal Data
We have put in place lawful and industry-standard safeguards to protect your Personal Data. For example, your credit card information is transmitted in encrypted form using the Secure Socket Layer (SSL) certificate. We do this to make sure that your Personal Data is not lost, harmed, lost or deleted.
Anyone at Retorio who has access to Personal Data has been trained in the proper and lawful way such data should be handled.
Viewing, correcting, blocking and deleting Personal Data
You have the right to view, correct, block or delete Personal Data Retorio stores at any time. To do so, please contact us using the contact information below.
Retrieval or Storage of data after termination or expiration
In case you need a copy of all stored personal data or want your data deleted after account termination or expiration, please contact us using the contact information below.
Please ask us if you would like information about the Personal Data we store. We will gladly provide this for you for free as quickly as possible. We can also send this information to you electronically.
Contact us at: