A data controller, according to applicable data protection laws, means a person who determines the purposes for which and the manner in which any personal data is to be processed. A data processor means any person (other than an employee of the data controller) who processes the data on behalf of the data controller.
A. We are the data controller of the following personal data which we collect from you, on the basis that you will consent to us processing it when you provide it to us:
(1) We collect your email address and password and may collect certain demographic information, such as your time zone or country when you register for a free account.
(2) When you provide a testimonial we collect the names, email addresses and any other personal data that you voluntarily include.
(3) If you choose to subscribe to our newsletter we will collect your name and email address.
(4) We may request certain personal data from you if you wish to participate in our contests or surveys. Participation is completely voluntary and you therefore do not have to provide any personal data. The requested information typically includes demographic information and could also include contact information (such as your name and address).
B. We are the data controller of the following personal data which is collected by you providing it to us on request because our processing of that data is necessary for the contract we have, or that we are about to enter into, with you:
(1) Your name, email address and password to register for the Site and the App, and to allow you to use the Site and the App once you have registered for it.
(2) Certain additional personal data if you wish to register for our business account. We collect in particular, certain contact information (including your name, address, email address, and billing address) and financial information (including credit card number and expiration date, bank account number, or similar payment information), which we use for billing purposes and to fill your orders. We will use this information to contact you if necessary.
We may also use this data to the extent it is within our legitimate interest to do so, as set in paragraph 3 below.
C. We are the data processor of the following personal data which you share with us:
(1) We collect your personal data from third parties if you give permission for those third parties to share your information with us. For example, we provide you with the option of signing in with your Facebook account details. If you do this, the authentication of your details is handled by Facebook and we only collect information about your Facebook account that you expressly agree to share with us at the time you give permission for your SurveyMe account to be linked to your Facebook account. In this example Facebook is the data controller of this personal data.
(2) If you are responding to a survey, we may collect personal data from you on behalf of the survey creator whose survey you have responded to. The survey creator is the data controller of this personal data and we process it on their behalf. Survey creators have their own privacy policies which apply to the surveys that they create using our services. These policies detail how they handle your personal data and are available within each survey. We encourage you to read any such policy. All responses to surveys collected through SurveyMe are collected anonymously but this feature does not prevent the creator from including specific survey questions that ask you for personal data. As between you and us, your submission of personal data is voluntary and you may opt out of responding at any time. However, if you do respond, you acknowledge that we will have access to it on behalf of the survey creator, and us and the survey creator share that data for the purpose of delivering our services to the survey creator.
(3) A survey creator may use our tools to send you a survey invitation email. If you accept this invitation then we collect your email address on behalf of the survey creator.
D. Internet Protocol (IP) Addresses
E. Other Information (Aggregated Information and Cookies)
In addition, we gather other information automatically and store it in log files, including, without limitation, browser type, internet service provider (ISP), referring/exit pages, operating system, date/time stamp, and clickstream data. We use this information to analyse trends, to administer the Site and App, to understand users' movements around the Site and App and to gather demographic information about our user base as a whole.
We also use "cookies" to recognise specific visitors and more quickly provide personalised content or grant you unimpeded access to the Site and/or App. Cookies are tiny text files which identify your computer or device to our server as a unique user when you visit certain pages on the Site or App and they are stored by your Internet browser on your computer or mobile device's hard drive.
Our Site and App are not intended for and are not directed to minors. Minors are not eligible to use the Site and/or App and must not attempt to register with the Site or App and/or submit any personal data to SurveyMe. SurveyMe does not knowingly collect personal data from minors or allow them to register. If it comes to our attention that we have collected personal data from a minor, we will delete this personal data as quickly as possible. If you have reason to believe that this has occurred, please contact us at firstname.lastname@example.org and we will delete any such personal data.
2. INFORMATION STORAGE
All personal data you provide to us is stored on our secure servers within the United Kingdom. We use industry standard security and firewalls on our servers. Where we have given you (or where you have chosen) a password which enables you to access certain services, you are responsible for keeping that password confidential. We ask you not to share your password with anyone.
We maintain physical, electronic and procedural safeguards in connection with the collection, storage and disclosure of your personal data. Our security procedures mean that we may occasionally request proof of identity before we disclose personal data to you.
Unfortunately, the transmission of information via the Internet is not completely secure. Although we will do our best to protect your personal data, we cannot guarantee the security of your data transmitted to the Site or the App and therefore any transmission is at your own risk. Once we have received your personal data, we will use strict procedures and security features to try to prevent unauthorised access.
3. INFORMATION USE
A. We specifically, with your consent use your personal data:
(1) To communicate with you.
We will use your personal data to communicate with you in order to provide you with transactional messages in response to your enquiries.
(2) To post testimonials on the Site and App that you submit to us from time to time;
To contact you about other products and services that we offer as well as products and services offered by third parties in which you may be interested:
(3) Your consent is granted when you actively opt-in to us to contacting you for this purpose.
You opt-in to receiving this communication by submitting your information on our blog subscription page, actively opting in when downloading a resource, requesting a demo or becoming a customer.
You may opt out of receiving such communications from us at any time. Instructions for opting-out and unsubscribing from receiving these communications are included in each such communication sent to you, as well as described in the section below entitled "Opting Out of Communications from SurveyMe".
(4) To allow you to subscribe to our newsletter(s):
We will use your name and email address to send the newsletter to you.
Your consent is granted when you actively opt-in to us to contacting you for this purpose.
You opt-in to receiving this communication by submitting your information on our blog subscription page and actively opting in when downloading a resource
Out of respect for your privacy, we provide you a way to unsubscribe from newsletters at any time. Upon request, SurveyMe will allow any user to opt out of our regular newsletter and from receiving emails about other products and services that we offer and products and services offered by third parties. You can contact us through our Help Centre by email (support@Survey-Me.com) or follow the unsubscribe instructions included in each promotional email sent to you, including the newsletter.
B. Due to us having entered or being about to enter into a contract with you, we use your personal data:
(1) To communicate with you to:
a.) provide you with transactional messages in response to your enquiries;
b.) provide the services you request; and
c.) manage your account.
For example, when you register for an account or recommend a third party to join SurveyMe through our referral program, you may receive a short welcome email.
We will send you service-related announcements when it is necessary to do so. For instance, if our service is temporarily suspended for maintenance, we might send you an email. If you are a business subscriber, you may also receive emails regarding your account status and billing. Generally, you may not opt-out of these transactional communications, which are not promotional in nature. If you do not wish to receive them, you have the option to deactivate your account.
(2) To facilitate the registration process:
It necessary for you to provide personal data to us to create an account. The personal data will be used in order to create your account with SurveyMe.
(3) To send Emails on a survey creator’s behalf:
At the direction of a survey creator, we send survey invitation emails on their behalf to email recipients provided by them. Each list of such email addresses is stored on our system, but the email addresses in those lists are not used by SurveyMe in any other way. The emails sent on a survey creator’s behalf appear to come from that survey creator’s email address.
(4) To record survey results;
You have the ability to export, share, or publish data from your surveys. We provide various features to export, share, or publish your survey questions, responses, and results in summary or detailed format.
(5) To provide you with access to surveys.
C. It is in our legitimate interest to use your personal data:
(1) To provide statistical analysis:
SurveyMe reserves the right to perform statistical analysis of user behaviour and characteristics. We do this in order to measure interest in, and use of, the various areas of the Site and App. Statistical analyses are performed on anonymous, aggregated data.
(2) To ensure that content from the Site and App are presented in the most effective manner for you and for your computer or mobile device.
(3) To manage the Site and App and to detect fraud.
(4) To administer the Site and App for internal operations, including troubleshooting, testing and research.
(5) To ensure that the Site and App are kept safe and secure.
(6) To measure and understand the effectiveness of the advertising we serve to you and others.
D. DATA CONTROLLER
4. LAWFUL BASIS FOR PROCESSING INFORMATION
It is the responsibility of the data controller to ensure that it has a lawful basis for processing your personal data.
We are the data controller of the personal data that we collect from you listed in paragraph 1A and 1B. We only process this personal data when we have a lawful basis to do so. The lawful basis that we rely on is consent which is obtained when you visit our Site, use our App and/or subscribe to our services, performance of our contract with you and for our legitimate interests. You have the right to withdraw consent to the collecting and processing of personal data however if you do withdraw your consent you may be unable to access our services.
When a survey creator processes your personal data (listed in paragraph 1C (2)), it must have a lawful basis for doing so. Survey creators have their own privacy policies which apply to the surveys and details of the lawful bases they use will be detailed in their policy. We encourage you to read any such policy.
5. SHARING INFORMATION WITH THIRD PARTIES
We share your personal data:
- With the survey creators:
We collect the personal data listed at paragraph 1C (2) on behalf of survey creators. We are not the controller of this personal data but we share it with the survey creators in order to provide our services to them.
By completing a survey and including your personal data within any response to a survey question you are providing your consent to the processing of the personal data and acknowledge that this personal data will be shared between us and the survey creator. You have the ability to opt-out from sharing this personal data by not completing the survey creator’s survey.
- With our service providers;
We use third parties to provide billing services on our Site. When you purchase a service from us, we will share contact and payment information as necessary for the billing service provider to provide that service.
We share personal data with Hubspot and Mailchimp. This involves transferring personal data outside the European Economic Area (EEA).
Whenever we transfer personal data out of the EEA, we 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 personal data to countries that have been deemed to provide an adequate level of protection for personal data by the European Commission. For further details, see European Commission: Adequacy of the protection of personal data in non-EU countries.
- Where we use providers based in the US, we may transfer data to them if they are part of the Privacy Shield which requires them to provide similar protection to personal data shared between the Europe and the US. For further details, see European Commission: EU-US Privacy Shield.
Please contact us if further information is required on the specific mechanism used by us when transferring personal data out of the EEA.
- With other third parties;
We may from time to time request your permission to provide your personal data to relevant persons working for third parties for various purposes, including to allow those third parties to contact you about products and services in which you may be interested. If you permit us to do so (by opting-in), we may provide your information to those third parties for those purposes. If you later wish to opt out, you may do so at no cost by contacting us at support@Survey-Me.com. However, if you wish to stop receiving communications from a third party to which we provided your information prior to your opting out, you will need to contact that third party directly. However, it is likely that the emails belonging to those third parties will contain a link for you to unsubscribe from receiving them.
SurveyMe does not ever disclose your survey questions or responses unless you permit or request for us to do so.
SurveyMe may disclose survey questions and responses anonymously and by aggregating them with other users' survey questions and responses on an opt-in basis.
- When required by law;
We reserve the right to disclose your personal data as required by law and when we believe that disclosure is necessary to protect our rights and/or to comply with a judicial proceeding, court order, or legal process served on us.
- When undergoing a merger or acquisition.
6. RETENTION OF INFORMATION
A. When we act as a data controller we will only retain this personal data (paragraphs 1A and 1B) for as long as necessary to fulfil the purpose we collected it. This is primarily to enable you to access our services. We will also retain it for the purpose of satisfying any legal, accounting, or reporting requirements.
To determine the appropriate retention period for personal data, we consider the amount, nature, and sensitivity of the personal data, the potential risk of harm from unauthorized use or disclosure of the personal data, the purposes for which we process the personal data and whether we can achieve those purposes through other means.
Details of retention periods for different aspects of personal data are available on request if you contact us.
7. YOUR RIGHTS IN RELATION TO YOUR INFORMATION
You have the following rights in relation to your personal data:
(1) To request access to personal data (commonly known as a "data subject access request"). This enables you to receive a copy of the personal data held about you and to check that we are lawfully processing it
(2) To request correction of the personal data that we hold. This enables the correction of any incomplete or inaccurate data we hold, though we may need to verify the accuracy of the new data provided to us.
(3) To request erasure of personal data. This enables the deletion or removal personal data where there is no good reason for us continuing to process it. A request can also be made for deletion or removal of personal data where the right to object to processing has been successfully exercised (see below), where we may have processed information unlawfully or where we are required to erase personal data to comply with local law. Note, however, that we may not always be able to comply with requests of erasure for specific legal reasons with notification of this given, if applicable, at the time of any request.
(4) To object to processing of 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 personal data for direct marketing purposes. In some cases, we may demonstrate that we have compelling legitimate grounds to process information which overrides your rights and freedoms.
(5) To request restriction of processing of personal data. This enables a request to be made to us to suspend the processing of personal data in the following scenarios: (a) if you want us to establish the data's accuracy; (b) where our use of the data is unlawful but you do not want us to erase it; (c) where you need us to hold the data even if we no longer require it because it is needed to establish, exercise or defend legal claims; or (d) you objected to use of data but we need to verify whether we have overriding legitimate grounds to use it.
(6) To request the transfer of personal data back to whom it belongs 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 we were given consent to use.
(7) To withdraw consent at any time where we are relying on consent to process personal data. However, this will not affect the lawfulness of any processing carried out before the withdrawal of consent. If consent is withdrawn, we will not be able to provide our services. We will advise you of this at the time of the withdrawal of consent.
If you wish to exercise any of the rights set out above in relation to the personal data that we are a data controller (listed in paragraphs 1A and 1B), you can do so by contacting us using the details provided under the ‘Contact Us’ section below.
If you wish to exercise any of the rights set out above in relation to the personal data that the survey creators are a data controller of (listed in paragraph 1C (2)), you can do so by contacting them directly.
You can contact us at any time to access and obtain a copy of your personal data. There is no fee to access personal data (or to exercise any of the other rights). However, we may charge a reasonable fee if a request is clearly unfounded, repetitive or excessive. Alternatively, we may refuse to comply with a request in these circumstances.
If your personal data changes, or if you no longer desire our service, you may request us to correct, update, or delete your personal data at any time, or deactivate your account, by making the change on your My Account page on either the Site or the App, by emailing our Customer Support at support@Survey-Me.com, or by contacting us by postal mail at the address listed below. We will respond to any request for access, correction, update or deletion without excessive delay, but in no event later than 14 days of SurveyMe's receipt of your request. We will promptly fulfil requests to delete personal data unless such data is required to be retained by law or the request is not technically feasible.
8. DATA SECURITY
SurveyMe is aware of our users’ privacy concerns and strives to collect only as much data as is required to make our users’ experience with SurveyMe as efficient and satisfying as possible. We also aim to collect data in the most unobtrusive manner possible.
SurveyMe utilises some of the most advanced technology for Internet security commercially available today. When a user accesses secured areas of our site, Secure Sockets Layer (SSL) technology protects user information using both server authentication and data encryption, ensuring that user data is safe, secure, and available only to authorised persons.
SurveyMe requires users to create a unique user name and password that must be entered each time a user logs on. SurveyMe issues a session "cookie" only to record encrypted authentication information for the duration of a specific session. The session cookie does not include either the username or password of the user.
In addition, SurveyMe is hosted in a secure data centre environment that uses a firewall, intrusion detection systems, and other advanced technology to prevent interference or access from outside intruders. The data centre is a highly protected environment with several levels of physical access security and 24-hour surveillance.
However, no method of transmission over the Internet, or method of electronic storage, is perfectly secure. Therefore, we cannot guarantee absolute security. If SurveyMe learns of a security systems breach that affects certain users, then we will attempt to notify those users electronically so that they can take appropriate protective steps. SurveyMe may also post a notice on our website if a security breach occurs.
If you have any questions about security on the SurveyMe website, please email us at email@example.com
10. LINKS TO OTHER WEB SITES
11. CONTACT US
Email: Privacy Enquiries: firstname.lastname@example.org
User Support Enquiries: email@example.com
Press Enquiries: firstname.lastname@example.org
Mailing Address: SurveyMe Limited, 24 Greek Street, Stockport, Cheshire SK3 8AB, United Kingdom.