Eye tracking Data Transparency Policy

If Your Software stores or transfers Eye Tracking Data, then You must comply with this policy and as such, Tobii requires the following to be implemented into Your Software:
  • Active User Acceptance: Your Software needs to use a consistent format to ask the user, explicitly and clearly, for their permission to store, or transfer, their Eye Tracking Data. This request for permission must happen before the user’s data is stored or transferred. It also needs to state the purpose of storing/transferring Eye Tracking Data and that such data will not be used for any other purpose.
  • Visualization: Your Software must show the user when the storing or transferring of Eye Tracking Data is taking place. You must provide a mechanism for visualization. This is required unless explicitly waived by Tobii.

Tobii recommends that the following is implemented into Your Software:

  • The “What’s in it for me” policy: Clearly inform users about the value they will receive from Your Software. This is about giving the user clear guidance and motivation about why they should provide their Eye Tracking Data to You.


Please note that the implementation of this policy may vary between different categories of products. For screen-based products, a window, such as the one below, is recommended for the Active User Acceptance and What’s in it for me policy.

Policy Notice
Active User Acceptance - alternative methods of implementation and exemption

Some specific circumstances make a software-based user acceptance impossible or inappropriate. If Your Software is used in either of the situations described in A, B or C below, You may instead implement firm legal requirements on the user of Your Software to conduct an alternative approval process.

Situation A: Your Software is used to conduct research, tests or assessments on a Test Subject which a Facilitator operates and oversees, and You prefer that Active User Acceptance from the Test Subject is provided via a separate process, instead of through Your Software. In this situation, Your Software must, instead, explicitly and in a clear and prominent manner, require that the Facilitator takes responsibility to:

(i) obtain Active User Acceptance from the Test Subject via separate means; and

(ii) inform the Test Subject about what data was collected, the purpose of the data collection and that the data will not be used for any other purpose; and

(iii) if the Test Subject does not give such consent, permanently delete the data from that Test Subject.

Only upon confirmation of this by the Facilitator will Your Software be allowed continued use. This process must be followed at least every time Your Software is started.

Situation B: Your Software is used to collect Eye Tracking Data from an individual that is not of legal age, or a user who is not physically or mentally able or fit to provide Active User Acceptance. In such situation, Your Software may instead implement a process where Active User Acceptance is collected from a legal guardian of the user. This may be done either via Your Software, or via a different method (such as a paper-based form), prior to collecting the data. In either case, such Active User Acceptance form must be very explicit and in a clear way provide information about which data will be collected, and it must state the purpose of the Eye Tracking Data collection and that the Eye Tracking Data will not be used for any other purpose.

Situation C: Your Software is used to collect Eye Tracking Data from a user who is under a medical emergency where there is an imminent risk to the user’s life or health. When the application is used in such situation, Active User Acceptance is not required.

Terminology

“Eye Tracking data” refers to these categories of data:

  • Biometric Eye Tracking Data: Data relating to the physical, physiological or behavioral characteristics of a person’s eyes or face;
  • Psychographic Eye Tracking Data: Any insights derived from biometric eye tracking data relating to a person’s physical, mental, and emotional state, or their interests


“Store or transfer” applies to any method of saving eye tracking data beyond the length of the user session; or any method of sharing eye tracking data so that it can be accessed or observed by others in retrospect, or in real-time on a separate display or device.

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