In the following, we inform you about the processing of personal data when using our mobile app "Skyle" and "Sykle X" (hereinafter referred to as "App" ). The App is designed to support the "Skyle" technology, which allows you to control your computer solely with your eyes (hereinafter referred to as „Eyetracker“).
1. Responsible for data processing
Responsible according to Art. 4 para. 7 of the GDPR („DS-GVO“) ist die eyeV GmbH, vertreten durch die Geschäftsführer Konstantin Wachendorff; Hauptstraße 17-19, D-55120 Mainz, E-Mailadresse: info@eyeV.de (nachfolgend auch „eyeV“, „we“ or „us“).
2. Processing of personal data by downloading and using the app
When downloading the app, the information required for the download process is transmitted to the operator of the app store, i.e. in particular user name, e-mail address and customer number of your account, time of download and the individual device identification number. We have no influence on this data collection and are not responsible for it.
We process the following data in accordance with Art. 6 (1) p. 1 lit. b) DS-GVO only insofar as this is necessary for the use of the app on your terminal device:
- IP address
- Date and time of the request
- Time zone difference from Greenwich Mean Time (GMT)
- Content of the request (concrete page)
- Access status/HTTP status code
- Data volume transferred in each case
- Website from which the request comes from
- Operating system and its interface
- Language and version of the browser software.
3. Processing of personal data when using the app
The app has several, different functions:
The app is intended to help you solve possible difficulties in operating the eye tracker (see section 3.1).
In addition, you can support the technical development and improvement of the eye tracker by sending us image recordings captured by the eye tracker (see section 3.2).
The app can also download and install new versions of the software for the eye tracker. These updates contain important improvements to the algorithms and new functionalities (see section 3.3).
We would also like to inform you that when you use our service, in the event of an error in the app, we collect and transmit data and information (through third-party products) on your terminal device, the so-called log data. This log data may include information such as the IP address of your device, the device name, the version of the operating system, the configuration of the App when you use our Service, the time and date of your use of the Service and other statistics.
3.1. No processing of personal data when used for function control
If you have the feeling that the control via the eye tracker does not work as it should, this may be due to the fact that your eyes cannot be captured optimally by the camera of the eye tracker at the moment, e.g. because the light conditions are unfavorable or a part of your field of vision is outside the image section captured by the camera.
You can check whether this is the case using the app: It shows you the image section as it is captured by the camera.
We do not process any personal data in this process. In particular, we do not process the image recordings that the eye tracker captures.
3.2. Processing of personal data when using the function to improve and further develop the eye tracker
- Purpose of processing of image recordings: We are constantly working to improve the performance of the eye tracker. This should benefit our customers. Based on images that the eye tracker takes of you or another person during app use and that you send to us, we can train and improve our algorithm used for the eye tracker. To do this, we mark certain features of the eyes, for example, and then statistically evaluate how well the algorithm responds to these features.
- Legal basis of the processing of image recordings: We process the transmitted image recordings on the basis of your consent pursuant to Art. 6 (1) sentence 1 lit. a) or, insofar as the image recordings allow conclusions to be drawn about racial and ethnic origin or contain health data, Art. 9 (2) lit. a) DS-GVO. This means, in particular, that you decide whether you want to send us image recordings and for how long you agree to us processing these image recordings.
- Processing of other data: Before you confirm that you want to submit image recordings to us, we will ask you for the following information, depending on whether you want to submit image recordings of yourself or another person:
- If you want to send us images of yourself, we also need your date of birth and your name. We need your name in order to document, in accordance with Art. 7 (1) DS-GVO, that you have given us your consent to the evaluation of the image recordings. We need your date of birth to ensure that you have completed at least 16 years of age and are therefore old enough pursuant to Art. 8 (1) sentence 1 DS-GVO to effectively give your consent under data protection law.
- If you operate the app as an adult legal representative (m/f/d) for another person, we require your name as well as the name and date of birth of the person recorded by the eye tracker. We need your name to document, in accordance with Art. 7 (1) DS-GVO, that you have given us your consent to the evaluation of the image recordings. We need the name of the person pictured in order to be able to assign the recordings to the person pictured. We need the date of birth of the person depicted in the images in order to be able to assess how long your consent is effective as a proxy for the person depicted in accordance with Article 8 (1) sentence 1 of the GDPR (see paragraph 4 sentence 2).
- The processing of the aforementioned data is carried out in accordance with Art. 6 (1) p. 1 lit. f) DS-GVO, as we have a legitimate interest in being able to verify and prove that the consent you have given is effective in terms of data protection law, as well as to be able to assign your consent to the respective image recordings.
- Storage duration: We store the images and your other details until you revoke your consent (for more information on revocation, see paragraph (6)). Image recordings of persons under the age of 16, which were transmitted to us by legal representatives, will be deleted as soon as the person depicted has reached the age of 16.
- Voluntariness: Your consent to the use of personal data is voluntary. No function of the eye tracker is dependent on your consent to the processing of personal data for the above purposes and to the extent described.
- Revocation: You have the right to revoke your consent at any time by selecting the menu item "Revocation" within the app, stating the name and date of birth of the person depicted in the transmitted image recordings, or by simply sending us an e-mail to email@example.com The revocation of consent does not affect the lawfulness of the processing of the personal data carried out on the basis of the consent until the revocation.
3.3 Processing of personal data when using the function for updating the software of the Skyle eye tracker.
When requesting a new version of the software for the eye tracker, various "volatile" information is transmitted as in item 2. In addition, we collect the following information:
- Version of the installed Skyle app
- Version of the installed software on the eye tracker
- The serial number of the eye tracker
- Various usage statistics
4. Integration of the cloud service provider „AWS“
The personal data provided by you in accordance with section 3.2 will be stored on the servers of Amazon Web Services Inc., 410 Terry Avenue North, Seattle WA 98109, USA (hereinafter referred to as „AWS“) in accordance with Article 6 (1) sentence 1 lit. f) DS-GVO. Our legitimate interest is to ensure, with the support of professional service providers and the use of their server capacities, a reliable and secure processing of data in the performance of our activities and the guarantee of the functions provided. Insofar as AWS acts on our behalf, AWS acts only in accordance with instructions and is contractually bound by us accordingly.
Your data is automatically encrypted and stored exclusively in a German data center (Frankfurt/Main), which is certified according to ISO 27001, 27017 and 2018 as well as PCI DSS Level 1.
The data transmitted to AWS is stored on the servers until we delete it.
For more information about data protection at AWS, please visit https://aws.amazon.com/de/privacy/ .
5. Your other rights
- Pursuant to Art. 15 of the GDPR, you have the right, upon request and free of charge, to obtain information about the personal data that has been stored about you. In accordance with Art. 16, 17 and 18 of the GDPR, you also have the right to correct inaccurate data and to block and delete restricted processing of your personal data. You are also entitled, under the conditions set out in Art. 20 DS-GVO, to receive the personal data concerning you that has been stored in a structured, common and machine-readable format and to transfer this data to another controller without hindrance from eyeV. In addition, pursuant to Art. 21 (1) DS-GVO, you have the right to object to the processing of personal data concerning you that is carried out on the basis of Art. 6 (1) (e) or (f) DS-GVO on grounds relating to your particular situation. eyeV will fulfill your aforementioned rights to the extent that the legal requirements for the assertion of the rights are met.
- Any requests regarding your personal data should be sent to the following e-mail address: firstname.lastname@example.org
- You also have the right to lodge a complaint with a data protection supervisory authority about our processing of your personal data.
As of: March 2022