We are Audisense Limited, an Irish company, located at NDRC, Digital Exchange, Crane Street, Dublin 8, Ireland (referred to as "we" or "us" or "Audisense" in these Terms). Our company registration number is 565769.
We are an independent market research and technology provider. We provide a multiple-channel platform which identifies and analyses audience media consuming habits on Radio and TV (what we call “content consumption”). We provide this content consumption information (including content consumption trends, extrapolated from the data) to Advertisers, Media Owners and Agencies. Our platform includes the passive metering App and our websites (www.audisense.ie and www.audisense.com). We offer incentives to our users in return for allowing us to collect and processing their content consumption information.
SCOPE OF POLICY
audisense v1.0, which is our mobile application software (App) available for download on the Apple and Android App Stores (App Site), once you have downloaded a copy of the App onto your mobile telephone or handheld device (Device).
This policy sets out the basis on which any personal data we collect from you, or that you provide to us, will be processed by us. Please read the following carefully to understand our views and practices regarding your personal data and how we will treat it.
For the purpose of the Data Protection Acts 1988 and 2003 (and for the EU General Data Protection Regulation 2016 (Regulation 679/2016) (“the GDPR”)), the data controller is Audisense (as identified above).
INFORMATION WE COLLECT FROM YOU
We will collect and process the following data about you:
Information you give us (Submitted information): This is information you give us about you by filling in forms on the App Site and the Services Sites (together Our Sites), or by corresponding with us (for example, by e-mail or chat). It includes information you provide when you register to use the App Site, download or register an App, subscribe to any of our Services, search for an App or Service, make an in-App purchase, share data via an App's social media functions, accumulate, collect and/or apply for incentives and/or rewards in return for using the App, enter a competition, promotion or survey, and when you report a problem with an App, our Services, or any of our Sites. If you contact us, we will keep a record of that correspondence. The information you give us may include your name, address, e-mail address and phone number, the Device's phone number, age, username, password and other registration information, financial and credit card information, personal description and photograph.
The content consumption information collected and processed by the App (Content Consumption Information): As also explained in the Terms, when you download the App to your mobile device, for the App to work, you must switch on the microphone on the device. We do not record the content and no conversation or background noise is detected by the App so your privacy is assured. The App simply “identifies” the audio in real time. The App can detect the media channel, the length of consumption time of the content and the programme/content itself, and it transmits this information back to us. Once the microphone is switched on, and using our audio fingerprinting technology that is contained in the App, the App can “listen to”, detect and identify what media content (i.e. television or radio broadcasts, online media, social media or mobile media content) that you are viewing or listening to and/or what media content is turned on in the vicinity of the device’s microphone and is detectible by the microphone. We then process this information, including by collating it into a collective, anonymised format for transmission to our customers, including brands, marketing and advertising agencies and to media companies. We also collate the data into anonymised format in order to identify trends.
In relation to the Submitted Information and the Content Consumption Information: We specifically collect the following data:-
User Joined Date
Media consumed by user and the location at which the media was consumed.
Information we collect about you and your device. Each time you visit one of our Sites or use one of our Apps we will automatically collect the following information:
technical information, including the type of mobile device you use (Device Information);
details of your use of any of our Apps or your visits to any of Our Sites including, but not limited to traffic data and other communication data whether this is required for our own billing purposes, understanding the resources you access or otherwise (Log Information).
Location information. We also use GPS technology to determine your current location. Some of our location-enabled Services require your personal data for the feature to work. If you wish to use the particular feature, you will be asked to consent to your data being used for this purpose. You can withdraw your consent at any time by switching off Location Services in your Device’s “Settings”.
Information we receive from other sources (Third Party Information). We are working closely with third parties (including, for example, business partners, sub-contractors in technical, payment and delivery services, advertising networks, analytics providers, search information providers, credit reference agencies). We will notify you when we receive information about you from them and the purposes for which we intend to use that information.
The legal basis of our processing of the above data is your consent.
Uses made of the information
We use information held about you in the following ways:
Submitted Information and Content Consumption Information: As set out above, we use this information to compile aggregated, anonymised content consumption information and content consumption trends, categorised by age, gender, occupation and location, and we provide this aggregated, anonymised information to brands, marketing and advertising agencies and to media companies.
Content Information: We capture the TV or Radio channel in the vicinity of your mobile device (assuming the microphone is turned on) and the programme on/being broadcast at the time.
Log information: We capture your login information for the purposes of correlating your content consumption with your anonymised demographic data.
Location information: We capture your GPS coordinates for the purposes of correlating your content consumption with your anonymised geographic location data.
We may associate any category of information with any other category of information and will treat the combined information as personal data in accordance with this policy for as long as it is combined.
We do not disclose information about identifiable individuals to our advertisers, but we may provide them with anonymous aggregate information about our users (for example, we may inform them that 500 men aged under 30 have clicked on their advertisement on any given day). We may also use such aggregate information to help advertisers reach the kind of audience they want to target (for example, women in Dublin). We will use of the personal data we have collected from you to enable us to comply with our advertisers' wishes by displaying their advertisement to that target audience.
Disclosure of your information
We will disclose the data we collect from you to the following third parties:
Category of data
Submitted Information and Content Consumption Information
Brands, Submitted Information and Content Consumption Information
Commercial purposes; understanding the media viewing of users by age, gender, occupation and/or location
You agree that we have the right to disclose your personal information to any member of our group, which means our subsidiaries, our ultimate holding company and its subsidiaries.
We will also disclose your personal information to third parties:
In the event that we sell or buy any business or assets, in which case we will disclose your personal data to the prospective seller or buyer of such business or assets.
If Audisense or substantially all of its assets are acquired by a third party, in which case personal data held by it about its customers will be one of the transferred assets.
If we are under a duty to disclose or share your personal data in order to comply with any legal or regulatory obligation or request.
In order to:
protect the rights, property or safety of Audisense, our customers, or others. This includes exchanging information with other companies and organisations for the purposes of fraud protection and credit risk reduction.
Where We store your personal data
All information you provide to us is stored on our secure EU-based server, and the information is transferred from the App to our server in encrypted format. Where we have given you (or where you have chosen) a password that enables you to access certain parts of Our Sites, you are responsible for choosing a strong password and for keeping this password confidential. We ask you not to share a password with anyone.
We also use the Google Cloud Platform as our back-end infrastructure but we control all user access, roles and responsibilities to this data. For more information on the Google Cloud Platform, please see: https://cloud.google.com/security/whitepaper. To the extent that this data transferred to, and stored at, a destination outside the European Economic Area (EEA) (e.g. in a situation in which the Google Cloud Platform server is located outside the EEA), or the data is processed by staff operating outside the EEA who work for us or for one of our suppliers, then by submitting your personal data, you agree to this transfer, storing or processing.
Unfortunately, the transmission of information via the internet is not completely secure. Although we will do our best to protect your personal data, we cannot guarantee the security of your data transmitted to Our Sites; any transmission is at your own risk. Once we have received your information, we will use strict procedures and security features to try to prevent unauthorised access, including secure certification and data encryption.
You have the right to ask us not to process your personal data for marketing purposes. We will usually inform you (before collecting your data) if we intend to use your data for such purposes or if we intend to disclose your information to any third party for such purposes. You can exercise your right to prevent such processing by checking certain boxes on the forms we use to collect your data. You can also exercise the right at any time by contacting us at email@example.com.
Our Sites may, from time to time, contain links to and from the websites of our partner networks, advertisers and affiliates (including, but not limited to, websites on which the App or the Services are advertised). If you follow a link to any of these websites, please note that these websites and any services that may be accessible through them have their own privacy policies and that We do not accept any responsibility or liability for these policies or for any personal data that may be collected through these websites or services, such as contact and location data. Please check these policies before you submit any personal data to these websites or use these services.
You can disable our collection of information by deleting the App or by logging out of the App. In addition, you can disallow the use of the microphone on your device and/or disallow the use of the GPS (location identification), thereby limiting what information we can collect about you while you are using the App.
Subject to your exercise of rights, we will store already-collected information about you for a period of seven (7) years from the end of the month in which it was collected.
Access to information
The Data Protection Acts 1988 and 2003 (“the DPAs”) (and the GDPR, when effective as and from 25 May 2016) gives you the right to access information held about you. Your right of access can be exercised in accordance with the DPAs.
In addition, you have the right to request us to correct, update, contextualise or delete any personal information that we process about you that may be inaccurate. You also have the right to withdraw your consent to our processing of your personal information, and, in certain circumstances, you have rights to object to any profiling of you that we may undertake, a “right to be forgotten” (i.e. have all of your information erased by us) and (under the GDPR, when effective) a right to data portability (i.e. a right to extract your data in the structure and commonly used format in which we hold and store it).
You also have a right to complain to a relevant EU data protection authority in respect of any breaches of your data protection rights. As an Irish-located and Irish-established data controller, we are regulated by the Irish Data Protection Commissioner.