EmSense Corporation (“EmSense” or we”), headquartered in San Francisco, California, is a leading-edge neuroscience company that uses proprietary non-invasive physiological and brainwave measurement technology to record and analyze consumers’ emotional and cognitive response to advertising, packaging, and online marketing stimuli presented during research panels performed at the request of an EmSense customer (the “Customer”).
This Privacy Policy describes the manner in which we collect and use personally identifiable and non-personally identifiable information from visitors to our corporate website, from persons who apply and are accepted as members of our EmSense Panel Program (described below), from users of EmSense programs who are members of panels managed by 3rd parties that use EmSense applications and from persons who participate in offline research studies. Persons from whom we collect information (whether personally-identifiable or non-personally identifiable) are referred to herein as “you” or, when discussing their participation in an EmSense panel, as “panel participants.”
The EmSense Online Panel Program
The EmSense Online Panel Program (the "Online Panel Program") is an on-line program that allows members to participate in research panels from their home computer, using the EmSense EmBand, a proprietary non-invasive headband-like devise that you will wear while viewing materials and answering questions associated with the research panels.
EmSense Off-Line Panels
EmSense also conducts research panels that participants attend in person. These panels may take place at a research facility or in a store or other retail location ("Off-Line Panels") and involve the use of equipment (such as the EmBand and associated technology, a computer, etc.) made available to participants to enable them to perform research-related tasks associated with the panel.
Third-Party Panel Members
We also contract with third party panel management companies to make on-line and off-line panel opportunities available to their members.
Information Collected through our Website
We receive personally identifiable information that you elect to provide when you interact with our corporate website; typically when you email us with a request for information, or subscribe to an EmSense mailing list. This information may consist of data such as your name, the name of the company you are affiliated with, your email address, telephone number, and/or country of residence. We will use this data to answer your query and provide you with information about our services and may retain an archival record of your query and any personal information you provide. We will not share this information with third parties.
When you visit our website, our automated system may use cookies to record click stream data related to your visit. Click stream data is anonymous and can include information such as your IP address, the type of browser you are using, content being viewed, the date, time and duration of your viewing of that content and other information about your interaction with content on a web page. Cookies are small data files placed on your computer’s hard drive to store this information. When you return to our web site, this cookie data may be used to recognize your computer as a previous visitor. You do not need to have cookies turned on to visit our website. You can refuse cookies by turning them off on your browser, although doing so may adversely affect your overall Internet experience.
Information Collected through the EmSense Online Panel Program and Off-Line Panels
Application Information - When you apply to become a member of the EmSense Online Panel Program or apply to participate in an Off-Line Panel, you are asked to complete an online application which provides us with information about you that we use to determine your eligibility. Some of this information, such as your age, gender, income and country of residence, would not be considered personally-identifiable information on its own. Other application information, such as your name, physical address, email address and telephone number does constitute personally identifiable information.
If you are accepted as a member of the EmSense Online Panel Program (an “EmSense Member”) or if you are selected to participate in an Off-Line Panel, your application data will be used to create your member profile (your “EmSense Member Profile”), which will become a part of our database and utilized to match you with relevant panel opportunities and to track your eligibility for rewards through the EmSense Panel Reward Program. It is your responsibility to keep your EmSense Member Profile up to date at all times. You can update your EmSense Member Profile by using the tools provided on our website, which may include a link to email us with updated information or automated access to your profile.
Information from Third Party Panel Participants - In some cases we contract with third party panel management companies to make panel opportunities available to their members. If you are a member of such a third party program and elect to participate in an EmSense panel, we will collect certain non-personally identifiable information (such as your age, gender, income level and country of residence) from you or from the third party panel program that you are associated with. In addition, we will collect answers to panel questions and physiological data about your responses to materials presented during a panel session and collected through our non-invasive EmBand device. Together, your panel answers and the EmBand data are referred to herein as the “Panel Data.
Panel Response Data – Each time you engage in a research panel, we will collect additional non-personally identifiable information from you. This information consists of answers to research questions and physiological data about your responses to materials presented during a panel session and collected through our non-invasive EmBand device. Together, your panel answers and the EmBand data is referred to herein as the “Panel Data.”
Passive Information– During your participation in an online research panel using your own computer, our automated system, and systems associated with third parties who present information during that panel, may use cookies to record data related to your visit. This data is anonymous in nature and can include information such as your IP address, the type of browser you are using, content being viewed, the date, time and duration of your viewing of that content and other information about your interaction with content on a web page. When you return to our web site, or visit the website of a third party provider of research panel content, this cookie data may be used to recognize your computer and/or to customize the manner in which content is displayed to you.
Panel Participation Record - We will retain a record of each research panel that you participate in. This record will be used for internal audit and verification purposes and to calculate and record rewards that you may be entitled to pursuant to the EmSense Panel Reward Program.
How We Use Information We Collect
We will use the personally identifiable information from your EmSense Member Profile to determine your eligibility to participate in the Online Panel Program or in Off-Line Panels and to communicate with you during your participation and for a reasonable period of time thereafter as we manage the closing of your account. We may share certain non-personally identifiable segments of your EmSense Member Profile, such as your age, gender, income and country of residence (but not your name, physical address or email address) with Customers or other third parties who need to verify the demographic make-up of a proposed or actual research panel. We may also share your entire EmSense Member Profile, including a record of points you have earned through the Panel Reward Program, with third parties with whom we have contracted to fulfill our Panel Reward Program obligations.
If you are a member of a third party panel program and have elected to participate in an EmSense panel, we may provide certain non-personally identifiable information, such as your age, gender, income level and country of residence, with Customers or other third parties who need to verify the demographic make-up of a proposed or actual research panel.
Individual research panels are comprised of responses from a number of panel participants. Panel Data from all participants in a panel will be aggregated and then shared with the Customer who commissioned the panel. We may also aggregate non-personally identifiable information from panel participants in order to provide the Customer with more meaningful aggregated panel results. We may share aggregated panel results with third parties as directed or allowed by the Customer.
Opportunities to Participate in Follow-Up Interviews
Occasionally, we may contact you after you have completed a research panel to offer you an opportunity to participate in a one-on-one follow-up interview with a panel Customer. If you elect to participate and provide us with your affirmative consent, we will share your contact information with the Customer so that they can contact you for the interview. We will require Customers performing these one-on-one interviews to contractually promise not to share your personally identifiable information with any third party and not to use it for any purpose other than contacting you to conduct the interview. Members of third party panel providers who have taken part in an EmSense panel will be contacted by such third party panel provider regarding any one-on-one interview opportunities that may arise.
Service-Related Contact with Third Party Panel Program Members
If you are a member of a third party panel program and are experiencing technical difficulties with the EmBand device that cannot be resolved by your panel program, they may ask your consent to share your personally identifiable contact information with us so that we can assist you in resolving your technical issues. In such case, we will only use your information to resolve your technical issues and we will not share or disclose your information to anyone else.
Reservation of Rights
We may engage agents and service providers who, in connection with the provision of their services, may have access to EmSense Member Profiles and/or Panel Data, provided, however, that such access will be limited to the processing of this data on our behalf and will be subject to appropriate confidentiality obligations.
We may share your personally identifiable information in response to a judicial process or court order or to provide information to law enforcement agencies in connection with exercising our legal rights or with an investigation of matters related to public safety, as permitted by law.
We reserve the right to use and disclose any information collected via our website that is not in personally identifiable form.
In the event that another company acquires all or substantially all of the assets of our business through a consolidation, merger, asset purchase or other transaction, we reserve the right to transfer all data (including any personally identifiable data) that is in our possession or under our control to such acquiring party.
Special Opportunities
From time to time we may provide you with opportunities to participate in special projects (such as the one-on-one interviews with Customers described above) or to receive information from select EmSense customers or partners. Such offers will identify the personal information required for your participation and, if you elect to participate by giving us your affirmative consent, we will share that information with the relevant party. You may opt out of receiving communications about these special opportunities by emailing us at customerservice@emsense.com.
Security
While we take appropriate steps to protect your personal information from unauthorized access or disclosure, transmissions over the Internet are never completely secure or error-free. You are responsible for safeguarding your password and User ID and if you suspect that your User ID, password or user account have been compromised you should notify us immediately at customerservice@emsense.com. You are solely responsible for any unauthorized use of our website or our service conducted via your User ID and password.
Children's Privacy
Our website and our services are intended for adults, 18 years of age and older. We do not intentionally or knowingly collect personally-identifiable information from children under the age of 13 and we request that individuals under the age of 13 not submit any personal information through this website. Persons 16 and over may be eligible to participate in research panels, provided parental consent is granted for a person under the age of 18 to participate.
Modifications to this Privacy Policy
We reserve the right to change, modify, supplement or replace all or part of this Privacy Policy from time to time and in our sole discretion. We will post changes in this Privacy Policy, on our homepage, and in other places we deem appropriate so that you are aware of such changes. Persons with an EmSense Member Profile will receive notice at least ten days in advance of any amendment to this Privacy Policy and the amendment date will be clearly noted on our website. It is your responsibility to keep your Membership Profile up to date so that you can receive timely notice of changes to this Privacy Policy and other communications related to your membership. Your continued use of our website and/or continued participation in EmSense research panels following a change to this Privacy Policy constitutes your acceptance of the then-current version of such policy.
Contact Us
EmSense Corporation is located at 150 Spear Street #200, San Francisco, CA 94105. If you have any questions or comments regarding this Privacy Policy, or if you would like to update, review or remove your personally identifiable information from our system, you may email us at
customerservice@emsense.com. For questions regarding our programs or the Panel Rewards Program, please email us at customerservice@emsense.com.
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