Solsten Terms of Service

OVERVIEW

Solsten, Inc. and its affiliates (“Solsten,” “we,” “us,” and “our”) provide user experience and user research services to customers, including, but not limited to, website, app, and game developers and publishers (each a “Solsten Customer”) to help them learn about and understand what users like you really want from their products and services.

You may interact with Solsten or our Services in a variety of ways. For example:

• You may use our Services, such as our websites and our audience insight dashboards (including our products known as Navigator and Traits).
• You may you engage with Solsten as a user research participant by accepting our Research Participation Agreement (“Research Participant”), or by applying to become a Research Participant.
• In some cases, you may complete certain psychological assessments that are presented when you are interacting with a Solsten Customer (such as, through a pop-up within the Solsten Customer’s digital property) or, if you apply to be, or are, a Research Participant, psychological assessments that are presented to you in connection with your application to participate, or participation, in user research (each an “Assessment”).
  By completing our Assessment, we hope to learn more about you and other users who use the same services as you so that we can make suggestions and recommendations to Solsten Customers as to how they can build more engaging experiences for their users (including you) (e.g., via design or new features) and how they can approach and interact with their users (including you) (e.g., via marketing or targeting).

PRIVACY BY DESIGN PRINCIPLES

Your privacy is important to us. We appreciate that you trust us with your personal information and want to share some of the privacy-by-design features we’ve incorporated into our Assessments with you:

• You Control Your Data. You choose whether or not to provide us with responses to Assessments.
• Solsten Doesn’t Know Who You Are. Unless you are a Research Participant, our Assessments are linked to pseudonymous identifiers by default, and we are not able to identify you in the real world unless you provide us with personal information that allows us to identify you. It’s possible that a Solsten Customer may know who you are, but they do not share this information with us.
• Raw Assessment Responses Are Not Shared. Your raw responses to Assessment questions are never shared with the Solsten Customer that we are working with.

SCOPE

This Privacy Policy applies to personal information processed by us in our business, including on our websites, Assessments, user research services, and related online and offline offerings. To make this Privacy Policy easier to read, our website, Assessments, user research services, and related offerings are collectively called the “Services”.

Capitalized terms not defined in this Privacy Policy will have the meaning set forth in our Terms of Service.

UPDATES TO THIS PRIVACY POLICY

We may update this Privacy Policy from time to time in our sole discretion. If we do, we’ll let you know by posting the updated Privacy Policy on our website, and/or we may also send other communications.

PERSONAL INFORMATION WE COLLECT

The categories of personal information we collect depend on how you interact with our Services.

Personal Information You Provide to Us

Assessments. When you provide responses to an Assessment, we do not ask for any personal information that can identify you in the real world (e.g., name, email address, etc.). However, the Assessment may ask you to provide information such as your gender, age, education level, and the country where you live. Assessments may also ask you for other information such as your values and behaviors, your likes and dislikes, preferences, daily activities and other relevant questions. Further, if you take an Assessment as a Research Participant, or if you apply or sign up to receive more information about becoming a Research Participant after you take an Assessment, we may have personal information that can identify you in the real world as part of our relationship with you. This personal information may be linked to your Assessment responses.

In addition, if we are working with a Solsten Customer and you choose to provide responses to an Assessment, the related Solsten Customer will automatically provide Solsten with the Solsten Customer’s internal, pseudonymous identifier that it has associated with you (“Solsten Customer ID”). The Solsten Customer may also provide Solsten with additional information as detailed below in the “Personal Information from Other Sources” section.

For some Assessments, you may be able to request that Solsten provide you with a randomized alphanumeric identifier (“Solsten ID”). If you choose to request a Solsten ID, Solsten will use this to retrieve your Assessment information should you choose to contact us in the future.

Research Participants. If you engage with Solsten as a Research Participant, including if you apply to be a Research Participant, we may collect personal information about you such as your name, username, games that you play, online products and services you use, details that allow us to pay you, and other information that you provide or that we collect.

Payment Information for Payments to Solsten. We may collect payment information (including credit card information) and details associated with transactions from Solsten Customers. Any payments made in connection with our Services may be processed by third-party payment processors.

Solsten Customer Employees. If you are an employee of a Solsten Customer and access our Services as part of your job duties, we will collect your name and email address. Our contract with the Solsten Customer may govern our use of your personal information, but we will still process your personal information consistent with this Privacy Policy.

Your Communications with Us. We collect personal information from you such as your email address when you sign up to receive email updates, request information about our Services, or otherwise communicate with us.

Surveys. In addition to our Assessments, we may contact you to participate in surveys. If you decide to participate, you may be asked to provide certain information which may include personal information. For example, if you are a Research Participant, in connection with your user research activities, we may collect your (oral or written) responses to surveys or other questionnaires that are separate from your Assessment responses.

Interactive Features. We may offer interactive features such as blogs and social media pages. We and others who use our Services may collect the information you submit or make available through these interactive features. Any content you provide on the public sections of these features will be considered “public” and is not subject to the privacy protections referenced herein. By using these interactive features, you assume the risk that the personal information provided by you may be viewed and used by third parties for their own purposes.

Conferences, Trade Shows, and Other Events. We may attend conferences, trade shows, and other events where we collect personal information from individuals who interact with or express an interest in Solsten and/or the Services. If you provide us with any information at one of these events, we will use it for the purposes for which it was collected.

Business Development and Strategic Partnerships. We may collect personal information from individuals and third parties to assess and pursue potential business opportunities.

Personal Information Collected Automatically

Automatic Collection of Personal Information. We may collect certain information automatically when you use the Services (including when you complete Assessments). This information may include your Internet protocol (IP) address, user settings, cookie or other unique identifiers, details about your browser, operating system or device, location information (including inferred location based off of your IP address), Internet service provider, pages that you visit before, during and after using the Services, and information about how you interact with and use the Services.

If you are a Research Participant, we may also automatically collect any personal information you provide, generate, or otherwise make available when participating in user research (such as play testing) including, but not limited to, details about your interaction with products, services and content, video, audio and photographic recordings (including screenshots and screen recordings) of you and your use of and interaction with products, services and content, and related interviews you participate in, and any content you upload, submit, or otherwise provide to Solsten.

Cookies, Pixel Tags/Web Beacons, and Analytics Information. We, as well as third parties that may provide content, advertising, or other functionality on the Services, may use cookies, pixel tags, local storage, and other technologies (“Technologies”) to automatically collect information through the Services. Technologies are essentially small data files placed on your device that allow us and our partners to record certain pieces of information whenever you visit or interact with our Services.

Personal Information from Other Sources

Solsten Customers. In some cases, we work with Solsten Customers when we carry out Assessments. As part of this process, Solsten Customers may provide us with additional personal information that they have collected about you which is keyed to the Solsten Customer ID. This information may include, but is not limited to, related use and interaction (such as gameplay) data and monetization data. In some cases, our agreement with the Solsten Customer may limit our use of this data, but we will still process it consistent with this Privacy Policy.

User Research Services. In some cases, we work with third-party user research services to engage Research Participants. As part of this process, these third-party user research services may provide us with personal information about Research Participants.

HOW WE USE PERSONAL INFORMATION

We use your personal information for a variety of purposes, including:

To Provide the Services or Information Requested, such as:

• Fulfilling our contract with you (e.g., the Terms of Service or, if you are a Research Participant, the Research Participation Agreement);
• Fulfilling our contracts with our Solsten Customers, including helping Solsten Customers assess and improve their products and services;
• Helping Solsten Customers tailor and provide advertisements to you and others;
• Providing you with suggestions for online experiences you may enjoy;
• Developing psychological profiles that are generated through observing and assessing Research Participant behavior;
• Responding to questions, comments, and other requests;
• Processing payment information for Services purchased by Solsten Customers, or for amounts owed to Research Participants for participation in certain user research services;
• Providing access to certain areas, functionalities, and features of our Services; and
• Answering requests for customer or technical support.

Administrative Purposes, such as:

• Pursuing legitimate interests, such as direct marketing, research and development (including marketing research), network and information security, and fraud prevention;
• Measuring interest and engagement in our Services;
• Improving the Services;
• Developing new products and services;
• Ensuring internal quality control and safety;
• Authenticating and verifying individual identities;
• Carrying out audits;
• Communicating with you about your account, activities on our Services and Privacy Policy changes;
• Preventing and prosecuting potentially prohibited or illegal activities;
• Enforcing our agreements; and
• Complying with our legal obligations.

Marketing Our Products and Services. We may use personal information to tailor and provide you with content and advertisements. We may provide you with these materials as permitted by applicable law.

If you have any questions about our marketing practices or if you would like to opt out of the use of your personal information for marketing purposes, you may contact us at any time as set forth below.

Consent. We may use personal information for other purposes that are clearly disclosed to you at the time you provide personal information or with your consent.

De-identified, Anonymized, and/or Aggregated Information Use. We may use personal information and other data about you to create de-identified, anonymized, and/or aggregated information, such as de-identified psychological profiles, de-identified demographic information, de-identified location information, information about the device from which you access our Services, or other analyses we create. De-identified, anonymized, and/or aggregated information is not personal information under applicable law, and we may use and disclose such information in a number of ways, including research, internal analysis, analytics, and any other legally permissible purposes.

DISCLOSING PERSONAL INFORMATION TO THIRD PARTIES

We may share your personal information with the following categories of third parties:

Solsten Customers. When you provide responses to an Assessment that we are carrying out pursuant to a relationship we have with a Solsten Customer, you acknowledge and agree that you are using our Services to interact with the related Solsten Customer and that we may share your information with them. We do not share your Assessment responses with the Solsten Customer, but we may share your psychological profile traits and attributes and other information that we develop or derive from your Assessment responses (including your inferred city/state/country location based off of IP address). In addition, the Solsten Customer may be able to link the information we provide them with to personal information that can be used to identify you in the real world (e.g., your name and email address).

If you are a Research Participant, we may also share any personal information we collect about you with Solsten Customers, including those whose products, services or content you use or interact with as part of the user research you participate in, subject to the restrictions summarized in the paragraph above.

Please note that your personal information may also be subject to the Solsten Customer’s privacy policy. We are not responsible for the privacy or security practices of Solsten Customers. Please read through the Solsten Customer’s privacy policy on the name and contact means of the corresponding Solsten Customer as well as the details on how they process your personal information.

Service Providers. We may share any personal information we collect about you with our third-party service providers. The categories of service providers to whom we entrust personal information include service providers for: (i) the provision of the Services; (ii) the provision of information, products, and other services you have requested; (iii) marketing and advertising; (iv) customer service activities; and (v) the provision of IT and related services.

User Research Services. We may share personal information about Research Participants with third-party user research services. For example, we may need to share information about work performed by Research Participants with third-party user research services to ensure Research Participants are compensated.

Please note that personal information may also be subject to the third-party user research services’ privacy policy. We are not responsible for the privacy or security practices of third-party user research services. Please read through third-party user research services’ privacy policies on their name and contact means as well as the details on how they process your personal information.

Affiliates. We may share your personal information with our corporate affiliates.

Solsten Customers (Authorized Users Only). In cases where you use our Services as an employee, contractor, or other authorized user of a Solsten Customer, that Solsten Customer may access information associated with your use of the Services including usage data and the contents of the communications and files associated with your account. Your personal information may also be subject to the Solsten Customer’s privacy policy. We are not responsible for the Solsten Customer’s processing of your personal information.

Disclosures to Protect Us or Others. We may access, preserve, and disclose any information we store in association with you to external parties if we, in good faith, believe doing so is required or appropriate to: (i) comply with law enforcement or national security requests and legal process, such as a court order or subpoena; (ii) protect your, our, or others’ rights, property, or safety; (iii) enforce our policies or contracts; (iv) collect amounts owed to us; or (v) assist with an investigation and prosecution of suspected or actual illegal activity.

Disclosure in the Event of Merger, Sale, or Other Asset Transfer. If we are involved in a merger, acquisition, financing due diligence, reorganization, bankruptcy, receivership, purchase or sale of assets, or transition of service to another provider, then your information may be sold or transferred as part of such a transaction, as permitted by law and/or contract. We will inform you of the name and contact details of the recipient when required by applicable law.

INTERNATIONAL TRANSFERS OF PERSONAL INFORMATION

All personal information processed by us may be transferred, processed, and stored anywhere in the world, including but not limited to, the United States or other countries, which may have data protection laws that are different from the laws where you live.

If we transfer personal information from the European Economic Area, Switzerland, and/or the United Kingdom to a country that does not provide an adequate level of protection under applicable data protection laws, one of the safeguards we may use to support such transfer is the EU Standard Contractual Clauses.

If we transfer personal information from the People’s Republic of China to other countries and regions, we will, when and as required by applicable law, provide you with necessary information related to the cross-border data transfer and obtain your separate consent if we rely on your consent as the lawful basis for the transfer, and complete the relevant transfer mechanism as required by applicable law.

For more information about the safeguards we use for international transfers of your personal information, please contact us as set forth below.

YOUR CHOICES

General. You may have the right to opt out of certain uses of your personal information.

Email Communications. If you receive an unwanted email from us, you can use the unsubscribe link found at the bottom of the email to opt out of receiving future emails. Note that you will continue to receive transaction-related emails regarding products or Services you have requested. We may also send you certain non-promotional communications regarding us and our Services, and you will not be able to opt out of those communications (e.g., communications regarding the Services or updates to our Terms of Service or Research Participation Agreement or this Privacy Policy).

“Do Not Track”. Do Not Track (“DNT”) is a privacy preference that users can set in certain web browsers. Please note that we do not respond to or honor DNT signals or similar mechanisms transmitted by web browsers.

Cookies and Interest-Based Advertising. You may stop or restrict the placement of Technologies on your device or remove them by adjusting your preferences as your browser or device permits. However, if you adjust your preferences, the Services may not work properly.

Please note that cookie-based opt-outs are not effective on mobile applications. However, you may opt-out of certain tracking on some mobile applications by following the instructions for Android, iOS, and others.

The online advertising industry also provides mechanisms that may allow you to opt out of receiving targeted ads from organizations that participate in self-regulatory programs. To learn more, visit the Network Advertising Initiative, the Digital Advertising Alliance, and the European Digital Advertising Alliance.

Please note you must separately opt out in each browser and on each device.

YOUR PRIVACY RIGHTS

In accordance with applicable law, you may have relevant data subject rights such as to:

• Confirm Whether We Are Processing Your Personal Information and How;
• Request Access to or Portability of Your Personal Information;
• Request Correction of Your Personal Information;
• Request Deletion of Your Personal Information;
• Request Restriction of or Object to our Processing of Your Personal Information; and
• Withdraw Your Consent to our Processing of Your Personal Information. Please note that your withdrawal will only take effect for future processing, and will not affect the lawfulness of processing before the withdrawal.

If you would like to exercise any of these rights, please contact us as set forth in “Contact Us” below. We will process such requests in accordance with applicable laws.

In order to response to your exercise of data subject rights, we may request you to provide information to authenticate your identity. However, please note that in some cases, Solsten will not be able to authenticate your identity depending on what personal information we process about you.

If your personal information is subject to the applicable data protection laws of the European Economic Area or the United Kingdom or the People’s Republic of China, you have the right to lodge a complaint with the competent supervisory authority if you believe our processing of your personal information violates applicable law.

RETENTION OF PERSONAL INFORMATION

We store the personal information we receive as described in this Privacy Policy for as long as necessary to fulfill the purpose(s) for which it was collected, provide our Services, resolve disputes, establish legal defenses, conduct audits, pursue legitimate business purposes, enforce our agreements, and comply with applicable laws.

To determine the appropriate retention period for personal information, we may consider applicable legal requirements, the amount, nature, and sensitivity of the personal information, certain risk factors, the purposes for which we process your personal information, and whether we can achieve those purposes through other means.

SUPPLEMENTAL NOTICE FOR EU/UK GDPR

This Supplemental Notice for EU/UK GDPR only applies to our processing of personal information that is subject to the EU or UK General Data Protection Regulation.

In some cases, providing personal information may be a requirement under applicable law, a contractual requirement, or a requirement necessary to enter into a contract. If you choose not to provide personal information in cases where it is required, we will inform you of the consequences at the time of your refusal to provide the personal information.

Solsten’s processing of your personal information may be supported by one or more of the following lawful bases:

Use of Personal Information Detailed in the Privacy Policy	Lawful Basis: Performance of a Contract (i.e., to provide the Services to you)	Lawful Basis: Legitimate Interest	Lawful Basis: Consent	Lawful Basis: For Compliance with Legal Obligations
Provide the Services	✔	✔	✔	✔
Administrative Purposes	✔	✔	✔	✔
Marketing	✔	✔	✔	✔
With Your Consent	✔	✔	✔	✔
De-identified, Anonymized, and/or Aggregated Information Use	✔	✔	✔	✔

If we process personal information that is considered a “special category of personal data”, then our processing of this personal information may be supported by one or more of the following conditions:

• Explicit Consent: You may have provided your explicit consent for our processing of your personal information.

THIRD PARTY WEBSITES/APPLICATIONS

The Services may contain links to other websites/applications and other websites/applications may reference or link to our Services. These third-party services are not controlled by us. We encourage our users to read the privacy policies of each website and application with which they interact. We do not endorse, screen or approve, and are not responsible for, the privacy practices or content of such other websites or applications. Visiting these other websites or applications is at your own risk.

CHILDREN’S PERSONAL INFORMATION

The Services are not directed to children under 13 (or other age as required by local law), and we do not knowingly collect personal information from children. If you learn that your child has provided us with personal information without your consent, you may contact us as set forth below. If we learn that we have collected a child’s personal information in violation of applicable law, we will promptly take steps to delete such information.

CONTACT US

If you have any questions about our privacy practices or this Privacy Policy, or to exercise your rights as detailed in this Privacy Policy, please contact us at:

Solsten, Inc.
428 Minnesota St. Suite 500
St. Paul
MN 55101
USA

Solsten GmbH
Schützenstr. 8
10117 Berlin
Germany

Solsten S.à r.l
21, rue Giesener
L-1631 Luxembourg
Luxembourg

legal@solsten.io

Data Protection Officer: sebastian@solsten.io