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OUR PRIVACY POLICY
The Surveys.com Online Market Research Community is owned and operated by The GfK Group, a leading market research company. Surveys.com is strongly committed to the protection of the confidentiality of personal information. We are members of the Council of American Survey Research Organizations (CASRO) and have strict procedures in place that are consistent with CASRO's requirements. To that end, we subscribe to the CASRO Code of Standards and Ethics. This Privacy Policy presents an overview of how we collect, store and use your personal information.
This Privacy Policy applies solely to the site and service located at www.surveys.com, and not to any other product or service. If you do not agree with this Policy, then you may not use Surveys.com.
PERSONAL INFORMATION WE COLLECT
We collect Personal Information from our survey members ("Members") and others who voluntarily disclose such information to us. “Personal Information” may include your name, address, telephone number, e-mail address, date of birth, demographic information and other similar information.
One way in which we recruit Members is through e-mailed invitations to participate. We obtain e-mail addresses of prospective Members only from providers of address lists who have assured us that they were comprised of individuals who have consented to be listed ("opt-in" lists).
We may use and disclose Personal Information for any of the following reasons:
- to respond to requests you may make of us.
- to contact you and/or provide you with general information as well as information about our products and services from time to time.
- to send you research invitations.
- Occasionally, to a client who has commissioned a survey in which you have taken part; provided, however, such information is only disclosed for research purposes and only in accordance with the CASRO Code of Conduct.
- to share with agents, contractors or partners of Surveys.com in connection with services that these individuals or entities perform for, or with, Surveys.com. These agents, contractors or partners are restricted from using this information in any way other than to provide services for Surveys.com.
- to respond to duly authorized information requests of governmental authorities or where required by law.
- to investigate suspected fraudulent activity in connection with the website or violation of another party’s rights.
- in connection with the sale, assignment, or other transfer of the business of this website to which the information relates, in which case we will require any such buyer to agree to treat Personal Information in accordance with this Privacy Policy.
NON-PERSONAL INFORMATION WE COLLECT
We may automatically collect Non-Personal Information in connection with your use of the website. "Non-Personal Information" means information that cannot be used to specifically identify you.
Non-Personal Information may include the date and time you visited our website, the pages you visited, the website you came from, the type of browser you are using (e.g., Internet Explorer), the type of operating system you are using (e.g., Windows XP), your IP (Internet Protocol) address and the domain name and address of your Internet service provider.
This website may also use "cookies" to collect Non-Personal Information and store any login information. A cookie is a piece of information that our webserver sends to your computer when you access our website. When you come back to our website, our website will detect whether you have one of our cookies on your computer. Our cookies help provide additional functionality to the website and help us analyze website usage more accurately. For instance, our website may set a cookie on your browser that keeps you from needing to remember and then enter a password more than once during a visit to the website.
USE OF NON-PERSONAL INFORMATION
Surveys.com may use and disclose Non-Personal Information for any number of reasons and with any number of parties. However, such uses shall not include your Personal Information unless such use complies with the permitted uses of your Personal Information set forth above.
INFORMATION FROM CHILDREN
We have no intention of collecting Personal Information from children under the age of 13. If we become aware that Personal Information from a child under 13 has been collected without the consent of such child’s parent or guardian, we will use all reasonable efforts to delete such information from our database.
SECURITY
The security of your Personal Information is very important to us. We have put in place reasonable physical, electronic, and managerial procedures to safeguard the information we collect. Only those employees who need access to your information in order to perform their duties are authorized to have access to your Personal Information. Further, our Members website is password protected. However, we cannot guarantee that all communications between us or information stored on our servers will be free from unauthorized access by third parties such as hackers, and your use of our services demonstrates your assumption of this risk.
THIRD PARTY WEBSITES
As a convenience to our visitors, this website may contain links to a number of websites that we believe may offer useful information. The policies and procedures we described here do not apply to those websites. We suggest contacting those websites directly for information on their privacy, security, data collection, and distribution policies.
DIGITAL FINGERPRINTING
In general, digital fingerprinting technologies assign a unique identifier to a user’s computer to identify and track the user's computer. GfK and Surveys.com will not use digital fingerprinting technology (the “Technology”) to collect personal information or personally-identifiable information, or track the online activities, of the user(s) of a computer; and the Technology will not disrupt or interfere with the use or control of a computer or alter, modify or change the settings or functionality of a computer. GfK and Surveys.com will use the Technology to assist our clients in ensuring the integrity of survey results.
The Technology will analyze publicly available information and data obtained from a computer’s web browser and other publicly available data points within a computer, including, without limitation, the computer's technical settings and characteristics and internet protocol ("IP") address, to create a unique identifier for the computer (“ID”). The Technology will analyze approximately all pieces of information and data. The ID will be in alpha-numeric form. The information and data, including, without limitation, the computer's IP address, analyzed to create the ID will not be collected, retained, stored or maintained by GfK and/or Surveys.com.
In furtherance of GfK’s and Surveys.com’s efforts to assist its clients in protecting and ensuring the integrity of survey results, GfK and/or Surveys.com may: (a) link or associate an ID to an individual or to personal information or personally-identifiable information of an individual; (b) share an ID with GfK’s and/or Surveys.com’s clients and/or sample or panel providers; and/or (c) receive or obtain a unique identifier that is linked to an identified or identifiable individual. Any unique identifier(s) received or obtained by GfK and/or Surveys.com that are linked to an identified or identifiable individual will be protected in accordance with this Privacy Policy.
GfK and Surveys.com shall use commercially reasonable efforts to ensure that the Technology is safe, secure, and does not cause undue privacy or data security risks.
GfK and Surveys.com shall use and distribute the Technology in a professional and ethical manner and in accordance with: (a) this Privacy Policy, (b) any statements and/or disclosures made by GfK and/or Surveys.com to respondents, and (c) applicable Federal, state and/or local laws, codes, regulations, rules and/or requirements.
In the event that GfK and/or Surveys.com discovers or learns or becomes aware of any unethical conduct in connection with the use or distribution of the Technology, or that the Technology is being used or distributed in a manner that is inconsistent with, or in violation of,: (a) this Privacy Policy, (b) the statements and/or disclosures made by GfK and/or Surveys.com to respondents, or (c) applicable Federal, state, and/or local laws, codes, regulations, rules and/or requirements; GfK and Surveys.com shall take immediate action to prohibit or restrict such conduct and to ensure the proper use and/or distribution of the Technology.
In the event that GfK and Surveys.com uses the Technology in connection with a survey, we will provide potential respondents with: (a) written notice of the use of the Technology prior to participation and (b) a hyperlink to this Privacy Policy to enable respondents to review our policy on the use and distribution of the Technology. POTENTIAL RESPONDENTS SHALL BE PROVIDED WITH THE ABILITY TO "OPT-OUT" OF PARTICIPATING IN A SURVEY UTILIZING THE TECHNOLOGY, BY NOT ENTERING OR PARTICIPATING IN THE PARTICULAR SURVEY. RESPONDENTS PARTICIPATING IN A SURVEY, AFTER RECEIPT OF NOTICE OF THE USE OF THE TECHNOLOGY, SHALL BE DEEMED TO HAVE CONSENTED TO GFK’S AND SURVEYS.COM’S USE OF THE TECHNOLOGY."
The above language may be subject to change based upon how GfK intends to use and implement DF Technology. Also, you may want to provide “opt-in” vs. “opt-out” consent. I don’t think we need to include this language in the Terms and Conditions; however, I would recommend including a short summary of the potential use of DF technology, with a link to the privacy policy to obtain additional information.
CORRECTING/UPDATING INFORMATION
If you register with us, you have the right to view and update your registration information at any time. To update your information, please log-in to the members area http://about.surveys.com/signin.aspx or e-mail us: Carol Henderson at chenderson@surveys.com in the US and Pam Hughes at pamhughes@surveys.com in the UK.
OPT-OUT OF SURVEYS
As a Surveys.com community member, you will receive our e-mail invitations to complete surveys. If you decide you no longer wish to participate as a Member of Surveys.com, upon receipt of your e-mail invitation, you can reply to it with the word "Remove" in the body of the reply or, alternatively, you can click the hyperlink at the bottom of the e-mail and you will no longer receive survey invitations. You can also e-mail Carol Henderson at chenderson@surveys.com in the US and Pam Hughes at pamhughes@surveys.com in the UK with the word "Remove" in the title. Of course, if you decide you later wish to participate in the community, you are welcome to reactivate your account at any time. However, we are not able to remove your personal information from the lists of third parties with whom your information has been shared with your consent or as permitted by this Policy.
TRANSFERS OF DATA TO THE UNITED STATES
Our site is maintained in the United States of America. By using the site, you freely and specifically give us your consent to export your personal information to the USA and to store and use it in the USA as specified in this Policy.
CHANGES TO THIS POLICY
We reserve the right, at our discretion, to change, modify, add, or remove portions from this Privacy Policyat any time. However, if at any time in the future we plan to use personal information in a way that materially differs from this Policy, we will notify you and provide you the opportunity to opt-out of such differing uses. Your continued use of the site following such notice and changes means you accept such changes.
CONTACT US
Please e-mail us at: Carol Henderson at chenderson@surveys.com in the US and Pam Hughes at pamhughes@surveys.com in the UK. Please be as specific as possible when contacting us. Please tell us the browser (include the version number) you are using. We will respond promptly to help determine the nature of the problem.
EFFECTIVE DATE
The Privacy Policy was last updated on January 15th, 2010
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1. |
Accurate Information |
| 1.1 | You agree to provide true, accurate, current and complete information about Yourself when You use the Services. |
| 1.2 | If any information provided by You is untrue, inaccurate, obsolete or incomplete, GfK has the right to stop allowing You to use the Services. |
| 1.3 | You agree that You are solely responsible for evaluating the accuracy and completeness of any content appearing on the Web Site. GfK does not make any representations or warranties in relation to the content appearing on the Web Site. |
2. |
Service |
| 2.1 | You are solely responsible for deciding whether or not You wish to use the Services. |
| 2.2 | Access to the Web Site may be suspended temporarily or permanently without notice, in GfK's entire discretion. |
3. |
Copyright |
| 3.1 | You acknowledge and agree that the content of the Web Site, including but not limited to text, software, music, sound, photographs, graphics, video, is protected by copyrights, trademarks, service marks, patents, or other proprietary rights and laws. |
| 3.2 | You acknowledge and agree that You may not store, copy, reproduce, transmit, distribute, modify, publish, broadcast or create derivative works of such content or information except as is necessary for the normal use of the Services. |
4. |
Your Use of the Services |
| 4.1 | The Services are directed at those who access the Web Site from the United States GfK makes no representation that the Services are available or are otherwise suitable for use outside the United States. |
| 4.2 | You agree not to use the Services for any purpose that is unlawful or prohibited by the Contract. |
| 4.3 | The Web Site may contain photos and hyperlinks to third party web sites ("Third Party Material"). Access to Third Party Material is subject to the approval of the relevant third party. GfK does not control Third Party Material and is not responsible for its content. GfK's inclusion of Third Party Material does not imply any endorsement of the Third Party Material or any association with its operators. |
| 4.4 | GfK reserves the right for any reason to remove without notice any Third Party Material or other contents on the Web Site. GfK reserves the right to deny in its sole discretion any user access to this Web Site or any portion thereof without notice. |
| 4.5 | You agree to not to use the Services to do any of the following: |
| (a) | Defame, abuse, harass, stalk, threaten, or otherwise violate the legal rights (such as rights of privacy and publicity) of others. |
| (b) | Publish, post, distribute, or disseminate any defamatory, infringing, obscene, indecent, or unlawful material or information. |
| (c) | Upload files that contain software or other material protected by intellectual property laws (or by rights of privacy of publicity) unless You own or control the rights thereto or have received all necessary consents. |
| (d) | Upload files that contain viruses, corrupted files, or any other similar software or programs that may damage the operation of another's computer. |
| (e) | Delete any author attributions, legal notices, or proprietary designations or labels in any file that is uploaded. |
| (f) | Falsify the origin or source of software or other material contained in a file that is uploaded. |
| (g) | Advertise or offer to sell any goods or services or conduct or forward surveys, contests, or chain letters. |
| (h) | Download any file posted by another user of a Forum that You know, or reasonably should know, cannot be legally distributed in such manner. |
5. |
Dealings with Third Parties |
| 5.1 | GfK is not an agent of any third party or any party named or linked to the Services ("Other Party") and does not have authority to act for any Other Parties. You agree that GfK (to the maximum extent permitted by applicable law) shall have no liability to you in relation to any dispute which you may have with an Other Party. |
| 5.2 | GfK does not control any information provided by Other Parties which is made available through the Services. |
| 5.3 | Your correspondence, transactions or other dealings with Other Parties available through the Services, including but not limited to payment and delivery of related goods or services, and any other terms, conditions, warranties or representations associated with such dealings, are solely between you and such Other Parties. |
| 5.4 | Any information you disseminate through the Services, including but not limited to e-mails sent through the Web Site and responses to surveys is done so at your own risk. |
| 5.5 | GfK do not monitor what Other Parties tell you through the Services. |
| 5.6 | GfK does not endorse and is not responsible or liable for any content, advertising, products, or other materials on or available from such parties or resources. |
| 5.7 | You agree not to hold GfK liable for any loss or damage of any sort incurred as a result of: the presence, availability or non-availability of the Other Parties on or through the Services; any dealings with such parties, including but not limited to attendance at events advertised; or purchase or use of goods or services offered on or through the Services. |
6. |
Termination |
| 6.1 | Without prejudice to any remedy that GfK may have against You, GfK may terminate or suspend (without liability to You) with immediate effect and without notice Your access to, and use of the Services if GfK: |
| (a) | Reasonably believes that You have breached any term of the Contract; |
| (b) | Is unable to verify or determine the accuracy or validity of any information provided by You; |
| (c) | Suspects fraudulent, abusive or illegal activity. |
| 6.2 | Should You object to any of the terms of the Contract, or any subsequent changes to the Contract, or become dissatisfied with the Services in any way, Your only recourse is to immediately discontinue using the Services. |
7. |
Limitation of Liability |
| 7.1 | GfK accepts unlimited liability in respect of its fraud, or death or personal injury caused by its negligence. |
| 7.2 | Subject to section 7.1 You agree that GfK shall not be liable to You for any unforeseeable losses or loss of profit, revenue or business or contracts however these may arise. |
| 7.3 | Subject to sections 7.1 and 7.2 above. GfK shall limit its aggregate liability to You under this Agreement to a maximum sum of 1,000 USD |
8. |
Indemnity |
| 8.1 | You will be responsible for any losses, expenses or other costs incurred by GfK which are caused by an untrue statement made deliberately by You. |
| 8.2 | In the event that GfK is entitled to be indemnified by You pursuant to Clause 8.1 above You agree that it may contact You through the information provided to GfK by You. |
9. |
General |
| 9.1 | GfK reserves the right to amend and alter the Contract, such amendments will be posted on the Web Site and will come into force immediately. You may not alter either the Contract. If You do not agree to any amendments, You must stop using the Services. |
| 9.2 | If GfK fails to exercise or enforce a right under the Contract, that failure shall not constitute a waiver of such right or provision. If any provision of the Contract is found by a court of competent jurisdiction to be invalid, that provision shall be deemed severed and the validity and enforceability of the remaining provisions of the Contract shall not be affected. |
| 9.3 | The Contract shall be governed by and construed in accordance with the laws of the United States and the state of New York and both parties submit to the exclusive jurisdiction of the courts of the United States and the state of New York. |
| 9.4 | Neither party shall be liable for any breach of the Contract due to any cause beyond its reasonable control. |
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You must report any violations of the Contract to pamhughes@surveys.com and Jackie.Megahey@gfk.com
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