Terms and Conditions: Platform
You are invited, in the context of your employment with your Employer, to make use of wellbeing software and related applications (the Wellbeing Solution) for analyzing and understanding your personal wellbeing at work. The Wellbeing Solution has been developed and is made available by WELLBEING.AI, with registered offices at 647 Schaarbeeklei, 1800 Vilvoorde, and registered with the Crossroads Bank for Enterprises under the VAT number BE 0771.311.138 (WELLBEING.AI).
Based on this written consent form, WELLBEING.AI will, among other things, obtain information regarding your exposure towards (i) anxiety, (ii) engagement, (iii) burn-out and (iii) enjoyment during the performance of your work. WELLBEING.AI may obtain this information through the use of emotional face analysis, eye tracking and emotional voice analysis.
The Wellbeing Solution aims at detecting signs of decreased well-being in the workplace (such as anxiety, stress, and burnout), preferably before they behaviorally manifest and become a serious problem for both the individual and the organization.
This document consists of two (2) parts: (i) information regarding the Wellbeing Solution and (ii) your written consent to share your personal data, including any biometric data, with WELLBEING.AI for the purposes described herein.
What should you know?
- The present consent is given by you in writing and voluntarily.
- The data can only be collected upon the receipt of your written consent and will at any time be treated as confidential.
- All personal data and research results resulting from your use of the Wellbeing Solution will only be visible and accessible to you.
- Personal data which permits your identification shall not be kept for longer than is necessary for the purposes for which the personal data are processed.
- Aggregated and anonymized data, which cannot identify you as a person, resulting from your use of the Wellbeing Solution will be made available to WELLBEING.AI and the Employer.
- If you require additional information, you can always contact the responsible persons of WELLBEING.AI (whose contact details are provided further in this informed consent form).
The Wellbeing Solution is made available to you on an “as is” basis without any express or implied representations regarding the results, recommendations and data derived from the use thereof. WELLBEING.AI shall amongst others never be liable for any inaccuracy of the results and recommendations derived from the data made available by you through the Wellbeing Solution.
WELLBEING.AI does not make any representations or warranties as to the sufficiency or fitness for purpose of the Wellbeing Solution, nor does it give any warranty with respect to any treatment, recovery or cure from certain mental or physical disorders or conditions.
Intellectual Property Rights to research results
You agree that all data and research results, as well as all (intellectual) property rights therein, obtained by WELLBEING.AI through your use of the Wellbeing Solution, will automatically, immediately and exclusively belong to WELLBEING.AI.
WELLBEING.AI shall be entitled to use such data and research results obtained from you at its sole discretion. WELLBEING.AI warrants that it will use such data and research results only in accordance with privacy protection provisions (as reflected below).
WELLBEING.AI undertakes to process the information (personal data) collected about you in accordance with the provisions of the European General Data Protection Regulation (EU) 2016/679 on the protection of individuals with regard to the processing of personal data and on the free movement of such data and repealing Directive 95/46/EC (General Data Protection Regulation).
Your identity and use of the Wellbeing Solution shall be kept strictly confidential and never be disclosed on an individual basis to your Employer. Only aggregated and anonymized data derived from the use of the Wellbeing Solution can be made available by WELLBEING.AI to the Employer and may be used to enable WELLBEING.AI to improve the performance of the Wellbeing Solution.
Your personal data will be processed and analyzed electronically or manually by WELLBEING.AI to determine the research results of your use of the Wellbeing Solution. In accordance with the General Data Protection Regulation, you also have several rights regarding this processing of your personal data. Within the possibilities and limits imposed by the General Data Protection Regulation, you have in particular the following rights:
- You have the right to ask WELLBEING.AI at any time what personal data is being collected about you;
- You have the right to ask WELLBEING.AI to inspect your personal data and, if necessary, have it corrected;
- You have the right to request WELLBEING.AI to delete your personal data if you consider that such data are incomplete, incorrect or irrelevant for the purpose of processing or that such data are kept for a longer period than permitted or are processed unlawfully in general;
- You have the right to request that a copy of your personal data be transmitted to you or a third party, in a digital format;
- Finally, you have the right to lodge a complaint with the Data Protection Authority about how your personal data is handled.
If you wish to exercise one or more of these rights or if you have further questions about these rights, you can always contact the data protection officer at WELLBEING.AI (whose contact details are listed further in this informed consent form).
The following personal data may be collected, processed and used in accordance with this consent form:
- Name and surname;
- E-mail address;
- Family status;
- Country of residence;
- Department of employment;
- Current position/role and position level;
- Answers to mental health surveys;
- Facial expression (through facial coding);
- Eye movement (through eye tracking).
Controller of the collected personal data
Schaarbeeklei 647, 1800 Vilvoorde
Amazon Web Services (AWS)
Data protection officer
If you would like additional information about the Wellbeing Solution, as well as in case of problems or concerns, you may contact: firstname.lastname@example.org
The undersigned, hereby declares and affirm to have been informed about the nature, purpose, duration, possible benefits and risks of the use of the Wellbeing Solution and that the undersigned knows what is expected of him/her:
- I read and understood the information provided to me.
- I have been able to ask all the questions that occurred to me and have received clear answers to my questions.
- I understand that during the use of the Wellbeing Solution, personal data about me will be collected, processed and used in the manner and for the purposes described in this informed consent form and that WELLBEING.AI will ensure the confidentiality of this personal data in accordance with the General Data Protection Regulation.
- I understand and consent that aggregated and anonymized data, which cannot identify me as a person, resulting from your use of the Wellbeing Solution will be made available to WELLBEING.AI and my Employer.
- I understand that my consent is given voluntarily and that I am free to withdraw my consent at any time.
- I agree that (i) electronic signatures which qualify as an advanced or a qualified e-signature under the eIDAS Regulation (Regulation (EU) N°910/2014) or (ii) scan copies of duly signed counterpart signature pages transmitted by email in .pdf format, will have the same probative value as a wet ink original paper document bearing a manually signed signature.