Chat Feelix - Privacy Policy

General

Last Updated: 29/03/2024

CHAT FEELIX LTD (t/a Chat Feelix) (we) are committed to protecting your personal data and respecting your privacy.

Introduction

This policy (together with our end-user licence agreement/terms and conditions for registered users as set out at chatfeelix.com/platform and as you would sign up to when becoming a registered user of our App (Chat Feelix) and any additional terms of use incorporated by reference into the Chat Feelix, together our Terms of Use)) applies to your use of:

- The Chat Feelix App (version 1.X.X) (which was last updated on 1st March 2024) mobile application software (App) once you have downloaded or streamed a copy of the App onto your mobile telephone or handheld device (Device).

- Any of the services accessible through the App or our website chatfeelix.com (Services) and your general use of our website. This policy sets out the basis on which any personal data we collect from you and as applicable your child/student (the Child), or that you/they provide to us, will be processed by us. Please read the following carefully to understand our practices regarding your personal data and your child’s/student’s personal data and how we will treat it. Even where it is not expressly stated below, references to “you” below include references to the Child where applicable in the context.

- This privacy policy is provided on the basis that it is addressed to the parent (or legal guardian and they are included in references to parent below) or teacher of the Child who downloads the App and who will explain it to the Child as required. Where you or the Child require any further explanation, please feel free to contact our DPO at the details below. Our App is also provided on the basis that the parent of the Child expressly consents to the use of the App by their Child, that they consent to the processing of data about their Child where consent is used as the lawful basis and that the relevant provisions of this privacy notice apply to their Child as well as to them – although please note that we do not require the parent’s consent to process their Child’s data where we do not rely on the basis of consent for doing, and as will be made clear below. We require that the parent or teacher will control and supervise the Child’s use of the App.

- While there are different age limits which apply to different data protection issues, to simplify matters for our App, we consider children to be under the age of 18.

- We have considered The Children’s code (or the Age appropriate design code) when creating our App and we will continue to consider it when running and maintaining our App on an ongoing basis.

This policy also applies to personal data we process about the staff of our suppliers, advisors, investors and other B2B contacts. This policy is provided in a layered format so you can click through to the specific areas set out below.

Important information and who we are

CHAT FEELIX LTD (t/a Chat Feelix) is the controller and is responsible for your personal data (referred to as "we", "us" or "our" in this policy).

We have appointed a data protection officer (DPO). If you have any questions about this privacy policy, please contact them using the details set out below.

Contact details:

- Full name of legal entity: CHAT FEELIX LTD
- Name DPO: Guilherme Reis
- Email address: engineering@chatfeelix.com

You have the right to make a complaint at any time to the Information Commissioner's Office (ICO), the UK regulator for data protection issues.

Changes to the privacy policy and your duty to inform us of changes

We keep our privacy policy under regular review.

This version was last updated on 29/03/2024. It may change and if it does, these changes will be posted on this page and, where appropriate, notified to you [by email OR when you next start the App or our website]. The new policy may be displayed on-screen and you may be required to read and accept the changes to continue your use of the App or the Services.

It is important that the personal data we hold about you and your Child as applicable is accurate and current. Please keep us informed if your personal data or that of the Child changes during our relationship with you.

The data we collect about you

We may collect, use, store and transfer different kinds of personal data about you as follows:

- Identity Data.
- Contact Data.
- Financial Data.
- Transaction Data.
- Device Data.
- Content Data.
- Profile Data.
- Emotion Data.
- Usage Data.
- Marketing and Communications Data.

We explain these categories of data below in the next section or at the end in the glossary.

We also collect, use and share Aggregated Data such as statistical or demographic data for any purpose. Aggregated Data could be derived from your personal data but is not considered personal data in law as this data will not directly or indirectly reveal your identity. For example, we may aggregate your Usage Data to calculate the percentage of users accessing a specific App feature. However, if we combine or connect Aggregated Data with your personal data so that it can directly or indirectly identify you, we treat the combined data as personal data which will be used in accordance with this privacy policy.

With this early version of our App, we do not knowingly collect any Special Categories of Personal Data about you (this includes details about your race or ethnicity, religious or philosophical beliefs, sex life, sexual orientation, political opinions, trade union membership, information about your health, and genetic and biometric data). Nor do we collect any information about criminal convictions and offences. The information you are encouraged to log in this version of our App is for entertainment and education purposes only to explore emotions and is not health data as we consider is meant by relevant data protection law. Where you might provide health related data on our App about any health conditions or other health data about you or the Child, you provide that freely of your own volition and are not asked to provide it. Therefore, where we might process such data because you provide it unilaterally, we do so with your explicit consent as our lawful basis for processing. You can of course withdrawn this consent and delete such data from the App– or please ask our DPO to do so if you cannot. Their details are set out above.

As a reminder, we do not provide nor hold ourselves out as providing any medical advice or medical services through our App or Services and any content on our App, websites or Services are not and are not intended to provide medical advice to you/the children nor diagnose nor treat any medical or health conditions. Please contact your medical practitioner for medical and health advice specific to your/your children’s circumstances and please follow your practitioner’s advice even if it conflicts with anything you have read on our App, websites or through or Services.

If you fail to provide personal data

Where we need to collect personal data by law, or under the terms of a contract we have with you, and you fail to provide that data when requested, we may not be able to perform the contract we have or are trying to enter into with you (for example, to provide or receive goods or services). In this case, we may have to cancel a product or service you have with us or we have with you but we will notify you if this is the case at the time.

How is your personal data collected?

We will collect and process the following data about you:

Information you give us. This is information (including Identity, Contact, Financial, Profile, Emotion and Marketing and Communications Data) you consent to giving us about you by filling in forms on the App or our website (together Our Sites), or by corresponding with us (for example, by email or chat/messaging services or through social media). It includes information you provide when you register to use the App, download or register the App, search for, subscribe to and use any of our Services, [make an in-App purchase,] [share data via the App's social media functions,] enter a competition, promotion or survey, or when you engage with us as a supplier, investor or other B2B contact for business related purposes, and when you report a problem with the App, our Services, or any of Our Sites. If you contact us, we will keep a record of that correspondence.

Information we collect about you and your device. Each time you visit one of Our Sites or use the App we will automatically collect personal data including Device, Content and Usage Data. We collect this data using cookies and other similar technologies. Please see our cookie policy chatfeelix.com/cookie for further details.

Information we receive from other sources including third parties and publicly available sources. We may receive personal data about you from various third parties as set out below:

- Data from our processor OpenAI – as explained further below.

- Device Data from the following parties (although we expect much of this data to be aggregated and not your personal data):

-- analytics providers such as [Google, Apple and Mixpanel], potentially based outside the UK;

- Marketing and Communications Data, Contact, Financial and Transaction Data from providers of marketing, technical, payment and delivery services such as email marketing companies, banks and payment services providers;

- Identity and Contact Data from publicly available sources such as Companies House and your website, social media channels and marketing literature; and

Unique application numbers. When you want to install or uninstall a Service containing a unique application number or when such a Service searches for automatic updates, that number and information about your installation, for example, the type of operating system, may be sent to us

Cookies

We use cookies and/or other tracking technologies to distinguish you from other users of Our Sites, the distribution platform (Appstore) and to remember your preferences. This helps us to provide you with a good experience when you use the App or browse any of Our Sites and also allows us to improve the App and Our Sites.

You can set your browser to refuse all or some browser cookies, or to alert you when websites set or access cookies. If you disable or refuse cookies, please note that some parts of our website may become inaccessible or not function properly.

For detailed information on the cookies we use, the purposes for which we use them and how you can exercise your choices regarding our use of your cookies, see our cookie policy chatfeelix.com/cookie.

How we use your personal data

We will only use your personal data when the law allows us to do so. Most commonly we will use your personal data in the following circumstances:

- Where you have consented before the processing.

- Where we need to perform a contract we are about to enter or have entered with you.

- Where it is necessary for our legitimate interests or those of a third party (such as your parent or teacher if you are the Child) and your interests and fundamental rights do not override those interests.

- Where we need to comply with a legal or regulatory obligation.

Generally, we do not rely on consent as a legal basis for processing your personal data although we will get your consent before sending third party direct marketing communications to you via email or text message. You have the right to withdraw consent to marketing at any time by contacting us.

Purposes for which we will use your personal data

We have set out below, in a table format, a description of all the ways we plan to use your personal data, and which of the legal bases we rely on to do so. We have also identified what our legitimate interests are where appropriate.

Note that we may process your personal data for more than one lawful ground depending on the specific purpose for which we are using your data. Please contact us if you need details about the specific legal ground we are relying on to process your personal data where more than one ground has been set out in the table below.

Purpose/activity	Type of data	Lawful basis for processing
To install the App and register you as a new App user Or To engage with you as a B2B contact and for you to register with our business to provide or receive services	Identity Contact Financial Device	Your consent or your consent on behalf of your Child as their parent Performance of a contract with you Necessary for our and your parent’s or teacher’s legitimate interests (to provide our Services as requested) where you are the Child, and we have considered the Child’s rights which are protected given their parent has provided their consent for the Child to use our App and controls that use
To process in-App purchases and deliver Services including managing payments and collecting money owed to us and to allow you to use the App or our Services as required	Identity Contact Financial Transaction Device Marketing and Communications Content Emotion Profile	Your consent Performance of a contract with you Necessary for our legitimate interests (to recover debts due to us) Necessary for our and your parent’s or teacher’s legitimate interests (to provide our Services as requested) where you are the Child, and we have considered the Child’s rights which are protected given their parent has provided their consent for the Child to use our App and controls that use
To manage our relationship with you including notifying you of changes to the App or any Services or to manage our B2B relationship with you for legitimate business purposes	Identity Contact Financial Profile Marketing and Communications Transaction	Your consent Performance of a contract with you Necessary for our legitimate interests (to keep records updated and to analyse how customers use our products/ Services and to perform the contract with your company) Necessary to comply with legal obligations (to inform you of any changes to our terms and conditions)
To enable you to participate in a prize draw, competition or complete a survey or other promotional offer	Identity Contact Device Profile Marketing and Communications	Your consent Performance of a contract with you Necessary for our legitimate interests (to analyse how customers use our products/Services and to develop them and grow our business)
To administer and protect our business and this App including troubleshooting, data analysis and system testing and complying with our legal obligations in respect of our services (such as necessary regulatory, legal and tax reporting obligations)	Identity Contact Device Profile Transaction Financial Usage	Necessary for our legitimate interests (for running our business, provision of administration and IT services, network security) Necessary to comply with legal obligations (for ongoing legal, tax and regulatory reasons)
To deliver content and advertisements to you To make recommendations to you about goods or services which may interest you To measure and analyse the effectiveness of the advertising we serve you To monitor trends so we can improve the App	Identity Contact Device Content Profile Usage Marketing and Communications Transaction	Your Consent Necessary for our legitimate interests (to develop our products/Services and grow our business) although we will never market direct to the Child

Marketing

We strive to provide you with choices regarding certain personal data uses, particularly around marketing and advertising. Please get in touch with us if you do not wish to receive marketing or wish to unsubscribe from marketing you signed up to.

Promotional offers from us

We may use your Identity, Contact, Technical, Usage and Profile Data to form a view on what we think you may want or need, or what may be of interest to you. This is how we decide which products, services and offers may be relevant for you (we call this marketing).

You will receive marketing communications from us if you have requested information from us or purchased/requested services from us and you have not opted out of receiving that marketing.

We will not make promotional offers direct to the Child.

Opting out

You can ask us or third parties to stop sending you marketing messages at any time [by logging into our website or App and checking or unchecking relevant boxes to adjust your marketing preferences], by following the opt-out links on any marketing message sent to you or by contacting us at any time.

Where you opt out of receiving these marketing messages, this will not apply to personal data provided to us as a result of a product/service purchase, warranty registration, product/service experience or other transactions.

Change of purpose

We will only use your personal data for the purposes for which we collected it, unless we reasonably consider that we need to use it for another reason and that reason is compatible with the original purpose. If you wish to get an explanation as to how the processing for the new purpose is compatible with the original purpose, please contact us. We will not use any children’s data for a different purpose than it was provided.

If we need to use your personal data for an unrelated purpose, we will notify you and we will explain the legal basis which allows us to do so.

Please note that we may process your personal data without your knowledge or consent, in compliance with the above rules, where this is required or permitted by law.

Disclosures of your personal data

We may share your personal data with the parties set out below for the purposes set out in the table Purposes for which we will use your personal data above:

- External Third Parties as set out in the Glossary and including OpenAI as our processor who processes Emotion data in order to provide the necessary automated service to use our App to explore emotions.

- Third parties to whom we may choose to sell, transfer or merge parts of our business or our assets or seek investment from. Alternatively, we may seek to acquire other businesses or merge with them. If a change happens to our business, then the new owners may use your personal data in the same way as set out in this privacy policy. We will strive to anonymise children’s data in particular where possible and at appropriate times in respect of engaging in such transactions.

International transfers

Many of our external third parties are based outside the UK so their processing of your personal data will involve a transfer of data outside the UK.

Whenever we transfer your personal data out of the UK, we seek to ensure a similar degree of protection is afforded to it by ensuring at least one of the following safeguards is implemented:

- We will only transfer your personal data to countries that have been deemed to provide an adequate level of protection for personal data. For further details, see https://ico.org.uk/for-organisations/guide-to-data-protection/guide-to-the-general-data-protection-regulation-gdpr/international-transfers/#Q1

- Where we use certain service providers, we may use specific contracts approved by the UK which give personal data the same protection it has in the UK. For further details, see https://ico.org.uk/for-organisations/guide-to-data-protection/guide-to-the-general-data-protection-regulation-gdpr/international-data-transfer-agreement-and-guidance/ and our main processor’s, OpenAI, data protection information is available here https://openai.com/policies

Please contact us if you want further information on the specific mechanism used by us when transferring your personal data out of the UK.

Data security

We have put in place appropriate security measures to prevent your personal data from being accidentally lost, used or accessed in an unauthorised way, altered or disclosed. In addition, we limit access to your personal data to those employees, agents, contractors and other third parties who have a business need to know. They will only process your personal data on our instructions and they are subject to a duty of confidentiality.

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 keeping this password confidential. We ask you not to share a password with anyone.

We will collect and store personal data on your Device using your device’s secure key storage. Like the access token when you sign in the app, so that you can remain logged in.

Certain Services might include social networking, chat room or forum features or similar. Ensure when using these features that you do not submit any personal data that you do not want to be seen, collected or used by other users.

We have put in place procedures to deal with any suspected personal data breach and will notify you and any applicable regulator when we are legally required to do so.

Data retention

Details of retention periods for different aspects of your personal data are available in our retention policy which you can request by contacting us.

For legal reasons, we may have to keep basic information about our customers (including Contact, Identity, Profile, Financial and Transaction Data) for six years after they cease being customers for legal, regulatory and tax purposes.

In some circumstances you can ask us to delete your data: see Your legal rights below for further information.

In some circumstances we will anonymize your personal data (so that it can no longer be associated with you) for research or statistical purposes, in which case we may use this information indefinitely without further notice to you.

In the event that you do not use the App for a period of 6 years then we will treat the account as expired and your personal data may be deleted.

Your legal rights

Under certain circumstances you have the following rights under data protection laws in relation to your personal data.

- Request access to your personal data.
- Request correction of your personal data.
- Request erasure of your personal data.
- Object to processing of your personal data.
- Request restriction of processing your personal data.
- Request transfer or your personal data.
- Right to withdraw consent.

You also have the right to ask us not to continue to process your personal data for marketing purposes.

You can exercise any of these rights at any time by contacting us at the DPO’s details above and there is usually no fee, except in certain circumstances allowed by law.

What we may need from you

We may need to request specific information from you to help us confirm your identity and ensure your right to access your personal data (or to exercise any of your other rights). This is a security measure to ensure that personal data is not disclosed to any person who has no right to receive it. We may also contact you to ask you for further information in relation to your request to speed up our response.

Time limit to respond

We try to respond to all legitimate requests within one month. Occasionally it could take us longer than a month if your request is particularly complex or you have made a number of requests. In this case, we will notify you and keep you updated.

Automated decision making

We do not consider that OpenAI’s use of Emotion data created for entertainment and education purposes produces any legal or other significant effects for the children who use our App, and so do not consider that the provisions in data protection legislation in the UK are currently relevant to our App.

Glossary

1. Lawful basis

Consent means processing your personal data where you have signified your agreement by a statement or clear opt-in to processing for a specific purpose. Consent will only be valid if it is a freely given, specific, informed and unambiguous indication of what you want. You can withdraw your consent at any time by contacting us.

Legitimate Interest means the interest of our business in conducting and managing our business to enable us to give you the best service/product and the best and most secure experience. We make sure we consider and balance any potential impact on you (both positive and negative) and your rights before we process your personal data for our legitimate interests. We do not use your personal data for activities where our interests are overridden by the impact on you (unless we have your consent or are otherwise required or permitted to by law). You can obtain further information about how we assess our legitimate interests against any potential impact on you in respect of specific activities by contacting us.

Performance of Contract means processing your data where it is necessary for the performance of a contract to which you are a party or to take steps at your request before entering into such a contract.

Comply with a legal obligation means processing your personal data where it is necessary for compliance with a legal obligation that we are subject to.

2. External third parties

Suppliers of our technology infrastructure used to run our business, communicate internally and externally, provide and maintain the App and Our Sites and services received by us tend to be cloud based and provided by household names such as [Amazon AWS, Apple, OpenAI, OneSignal and Mixpanel]. Please follow the links below to access relevant data protection information from those suppliers. They may be acting as processors or joint or independent controllers.

Amazon AWS: Privacy Policy
Apple: Privacy Policy
OpenAI: Privacy Policy
OneSignal: Privacy Policy
Mixpanel: Privacy Policy

Professional advisers acting as processors or joint or independent controllers including lawyers, bankers, auditors and insurers based usually in the UK and the US who provide marketing, consultancy, banking, legal, insurance and accounting services. Unless in exceptional circumstances, we would only provide personal data of UK and European data subjects to service providers in those jurisdictions and not to service providers in the US, for example.

HM Revenue and Customs, regulators and other authorities acting as processors or joint or independent controllers based in the UK or the US who require reporting of processing activities in certain circumstances. Unless in exceptional circumstances, we would only provide personal data of UK and European data subjects to authorities in those jurisdictions and not to authorities in the US, for example.

3. Your legal rights

You have the right to:

- Request access to your personal data (commonly known as a "data subject access request"). This enables you to receive a copy of the personal data we hold about you and to check that we are lawfully processing it.

- Request correction of the personal data that we hold about you. This enables you to have any incomplete or inaccurate data we hold about you corrected, though we may need to verify the accuracy of the new data you provide to us.

- Request erasure of your personal data. This enables you to ask us to delete or remove personal data where there is no good reason for us continuing to process it. You also have the right to ask us to delete or remove your personal data where you have successfully exercised your right to object to processing (see below), where we may have processed your information unlawfully or where we are required to erase your personal data to comply with local law. Note, however, that we may not always be able to comply with your request of erasure for specific legal reasons which will be notified to you, if applicable, at the time of your request.

- Object to processing of your personal data where we are relying on a legitimate interest (or those of a third party) and there is something about your particular situation which makes you want to object to processing on this ground as you feel it impacts on your fundamental rights and freedoms. You also have the right to object where we are processing your personal data for direct marketing purposes. In some cases, we may demonstrate that we have compelling legitimate grounds to process your information which override your rights and freedoms.

- Request restriction of processing of your personal data. This enables you to ask us to suspend the processing of your personal data in the following scenarios:

if you want us to establish the data's accuracy;

where our use of the data is unlawful but you do not want us to erase it;

where you need us to hold the data even if we no longer require it as you need it to establish, exercise or defend legal claims; or

you have objected to our use of your data but we need to verify whether we have overriding legitimate grounds to use it.

- Request the transfer of your personal data to you or to a third party. We will provide to you, or a third party you have chosen, your personal data in a structured, commonly used, machine-readable format. Note that this right only applies to automated information which you initially provided consent for us to use or where we used the information to perform a contract with you.

- Withdraw consent at any time where we are relying on consent to process your personal data. However, this will not affect the lawfulness of any processing carried out before you withdraw your consent. If you withdraw your consent, we may not be able to provide certain products or services to you. We will advise you if this is the case at the time you withdraw your consent.

Description of categories of personal data

Identity Data: first name, last name, maiden name, username or similar identifier, title, date of birth, gender.

Contact Data: billing address, delivery address, email address and telephone numbers and social media handles.

Financial Data: bank account and payment card details and other details on your invoices.

Transaction Data: includes details about payments to and from you and details of in-App purchases and details of investments made by you in our company.

Device Data: includes the type of mobile device you use, a unique device identifier (for example, your Device's IMEI number, the MAC address of the Device's wireless network interface, or the mobile phone number used by the Device), mobile network information, your mobile operating system, the type of mobile browser you use and time zone setting

Content Data: includes information stored on your Device or in your App account or any account through any of Our Sites, including login information, photos, videos or other digital content, lessons viewed and the information you provide on the App to use our services

Profile Data: includes your username and password, in-App purchase history, your interests, preferences, feedback and survey responses.

Emotion Data: includes any information provided by you or the Child to use our App to explore emotions and emotional intelligence of you or the Child or data produced by our processor OpenAI, which provides an automated service through our App of using Emotion Data provided by the user to suggest information relevant to the user.

Usage Data: includes 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 or otherwise [and the resources that you access].

Marketing and Communications Data: includes your preferences in receiving marketing from us and our third parties and your communication preferences.