Privacy Policy

Effective Date: [May 1, 2024] This Privacy Policy describes how GameAnalyze B.V. (“we”, “us”, or “our”) collects, uses, and shares information of users of our wellbeing app (the “App”) and website (gamenalyze.com). By using the App or website, you agree to the terms of this Privacy Policy. Non-Medical Use of Data: All information, including biometric and behavioral data, is processed exclusively to provide wellbeing insights, personalization, and general lifestyle recommendations. Such data is not processed for diagnosis, monitoring, prevention, treatment, or alleviation of any disease or medical condition, and therefore does not fall under the EU Medical Device Regulation (MDR 2017/745). Information We Collect: The exact data we collect may change over time as we improve and update our services

• Contact information:    
  • Name
  • Email address
  • Phone number
  • Any other details you choose to provide when contacting us
• Account information:    
  • Email address
  • Username
  • Password
  • Any optional profile information you choose to provide
• Technical data:
  • IP address
  • Browser type and settings
  • Device information (e.g., operating system, device identifiers)
  • Other technical details related to your usage
• Usage data:
  • Features you use in the App and on the website
  • Time spent on specific pages or features
  • Actions taken and usage patterns
• Game Data:
  • Attention span, Reaction speed, Impulsivity, Task completion rate, Error rate, Activity level, Decision-making metrics, Taps accuracy and frequency (time, amount of taps): This data helps us understand cognitive performance, task proficiency, decision-making under pressure, and the ability to maintain focus
  • Facial expression frequency and intensity, Gaze direction and fixation, Micro-expressions, Vocal tone and pitch variability, Speech rate and pause patterns, Mimic consistency, Voice amplitude and volume modulation, Eye movement, and Blink rate: This biometric and behavioral data provides insights into emotional and physiological states, enabling pattern recognition related to stress, engagement, and mood.
  • Location, date, time, and Surrounding noise levels: This device and environmental data allows us to contextualize performance and emotional indicators within different conditions, ensuring that insights are tailored to your specific usage environment.
• Cookies: We use cookies and other tracking technologies to understand how you interact with our App and website. You can manage your cookie preferences through your device settings or available opt-out tools

  GDPR Compliance GameAnalyze B.V. controls and processes your data if you are located in the EU/EEA. We collect and process data only as needed to provide our services, based on contractual necessity, legitimate interests, consent, or legal obligations. We may transfer your data outside the EU/EEA with appropriate safeguards. Under the GDPR, you have the right to access, rectify, erase, restrict, object to, or port your data. Contact us to exercise these rights or lodge a complaint with a supervisory authority. To ensure comprehensive GDPR compliance, GameAnalyze implements various technical and organizational measures. These include:

• Designated Data Protection Responsibilities: Clearly defined roles and responsibilities within the internal team for data protection.
• Data Protection Officer (DPO): Where required by law, we have appointed a Data Protection Officer to oversee our data protection strategy and implementation.
• Access Controls: Appropriate limits and measures are in place to control who within the organization can access personal data.
• Internal Policies and Procedures: Our internal policies, procedures, and documentation, including any appropriate certifications, are regularly updated to clearly evidence compliance with GDPR requirements.

  How We Use Your Information: We may use the information we collect for various purposes, including to:

• Providing and Improving Services: To deliver our App and website’s core functionalities, customize your experience, and enhance our services based on usage patterns.
• Analyze and monitor usage: To understand user trends, diagnose technical issues, and optimize performance.
• Research and development: To use anonymized and aggregated data for improving and innovating our products and services.
• Security and fraud prevention: To detect, investigate, and prevent unauthorized access, fraud, and other unlawful activities.
• Marketing and Communication (with your consent): To send promotional materials or information about our products and services. You may opt out of these communications at any time.
• Legal Compliance: To comply with applicable laws, regulations, and legal obligations.
• Prohibited Healthcare Use: The data collected and insights generated are not intended for healthcare, clinical, or medical use. Users must not rely on the App or website as a substitute for professional medical advice, diagnosis, or treatment.

  Legal Basis for Processing

• Contractual necessity: Processing is necessary to provide the App and website services you request.
• Legitimate interests: We process data to improve our services, ensure security, and conduct research, provided this does not override your fundamental rights.
• Consent: We may rely on your consent for specific processing activities, such as sending marketing communications. You can withdraw your consent at any time.
• Legal obligations: We may process data to comply with legal requirements, such as responding to lawful government requests.

  How We Share Your Information: We may share your personal data under these circumstances:

• Service providers: With trusted third-party providers who assist in delivering our App and website services.
• Research partners: We may share anonymized and aggregated data with research partners for scientific or statistical purposes.
• Legal authorities: In response to lawful requests, such as court orders or subpoenas, or to comply with legal obligations.
• Business transfers: In the event of a merger, acquisition, or other business transaction, your data may be transferred as part of that process.

  Data Retention

• Customer Data: We retain Customer Data in accordance with your instructions or the instructions of the Customer who provided the data.
• Other Information: We retain Other Information for as long as necessary to fulfill the purposes outlined in this Privacy Policy, unless a longer retention period is required or permitted by law.

  Data Security We use appropriate technical and organizational measures to protect your data from unauthorized access, disclosure, alteration, or destruction. Although we strive for robust security, no method of electronic storage or transmission is entirely foolproof. General Compliance GameAnalyze is committed to complying with all applicable requirements related to cybersecurity, general product safety, product recalls, and liability for GameAnalyze and other economic operators within its supply chain. We will maintain internal policies, procedures, and documentation to clearly evidence our adherence to these requirements. Your Rights

• Access: Request access to the personal data we hold about you.
• Rectification: Ask us to correct inaccurate or incomplete data.
• Erasure: Request deletion of your personal data under certain conditions.
• Restriction of processing: Limit the processing of your data in specific situations.
• Objection: Object to the processing of your personal data under certain circumstances.
• Data portability: Receive your personal data in a structured, commonly used, machine-readable format and transfer it to another controller.

  User Acknowledgement By using the App or website, you acknowledge and agree that GameAnalyze does not provide medical or psychological services. You remain solely responsible for seeking professional advice for health or wellbeing matters. Third-Party Links: The App or website may contain links to third-party websites and services. We are not responsible for the privacy practices or content of such third-party sites. We encourage you to read the privacy policies of those sites before providing any information. Representation of Services No third party, partner, or user may represent, advertise, or promote GameAnalyze as a medical device or as providing medical, diagnostic, or therapeutic functionality. Any such representation is unauthorized and prohibited. Regulatory Compliance Reserve If, in the future, GameAnalyze expands its services in a way that could fall under Regulation (EU)2017/745 (“EU MDR”) or other applicable health regulations, we will obtain all required regulatory approvals before offering such functionalities. Until then, our services remain strictly non-medical in nature. Changes to this Privacy Policy: We may revise this Privacy Policy periodically. We will notify you of any material changes by posting the updated policy within the App or on our website. Your continued use of our App or website after changes are posted constitutes your acceptance of the updated policy. Contact Us: If you have any questions about this Privacy Policy, please contact us at info@gamenalyze.com. Address: GameAnalyze B.V., Langegracht 70, 2312 NV, Leiden, the Netherlands