Effective Date: July 31, 2017
Information We Collect
The types of information we may collect include information that can be used to identify you, such as your name, IP address, email address, zip code, billing address, shipping address, phone number, product preferences, demographic information and any other information you choose to provide (“Personal Information”). In some limited cases, health information, information regarding race or ethnic origin, political opinions, religious beliefs, membership information, and information regarding gender may also be collected.
Information provided via Surveys
We collect information about you, our customers, and the individuals who participate in, or are invited to participate in and/or respond to, any of your surveys (“Survey Respondents”). We collect information about Survey Respondents from and under the direction of our customers, and have no direct relationship with the Survey Respondents. We acknowledge that Survey Respondents have the right to access their Personal Information. If you are a Survey Respondent and have any questions or concerns regarding our customers’ privacy practices, or if you seek access to or wish to correct, amend or delete inaccurate data, you should contact the entity from whom you received a survey. We will retain information we process on behalf of our customers for as long as needed to provide services to our customers. SurveyGizmo will also retain this information as necessary to comply with our legal obligations, resolve disputes, and enforce our agreements.
Information You Provide to Us
We collect information you provide directly to us. For example, we collect information when you use our Website or the hosted survey tool we provide (the “Services”), create an online account, sign up to receive our emails, communicate with us via third-party social media sites, request customer support, apply for a job or otherwise communicate with us through the Website. When you purchase a product or service, we collect information about the transaction.
In some cases, we may also collect Personal Information and other information that you provide about others, such as your Survey Respondents or friends or businesses to whom you refer us. We will use this information to fulfill your requests and will may send additional communications to them.
Information We Collect Automatically
We and our service providers automatically collect certain information about you when you access or use the Website and store it in log files. This information may include demographic information; IP address; browser type; operating system characteristics; information about your use of the Website; and data regarding network connected hardware (e.g., computer or mobile device), such as unique device identifiers, type, model, version, MAC address, device or session ID, error related data status, capability, confirmation, functionality, performance data, and connection type. This information may also include clickstream data, which is information about the page-by-page paths you take as you browse through the Website.
The methods that we and our service providers may use to automatically collect such information include:
- Log Information: We collect information about your use of our Website, such as the type of browser you use, access times, pages viewed, your IP address and the referring link through which you accessed the Website. We may link this information to other information we collect about you. We do this to improve services we offer you, to improve marketing, analytics, or site functionality.
- Web Beacons: We may include small graphic images called web beacons, also known as “internet tags,” “clear gifs” or “tracking pixels,” in our web pages and email messages. We may use web beacons or similar technologies for a number of purposes, including, without limitation, to count the number of visitors to the Website, to monitor how users navigate the Website, and to count how many emails that we sent were actually opened or how many particular articles or links were actually viewed.
- Other Tracking Technology: SurveyGizmo and our service providers may use other tracking technologies to analyze Website trends, track our users’ movements around the Website, and to gather demographic information about our user base as a whole.
Information we automatically collect about you, such as how you interact with the Website, may be combined with your Personal Information. If we associate any such automatically-collected information with Personal Information about you, we will treat the combined information as Personal Information.
We and our business partners and other third parties may send you product promotions that are aligned with your purchase trends identified through automatically-collected information.
Information We Collect From Our Partners and Other Sources
We may also obtain information about you from other sources and combine that with information we collect about you. For example, we may obtain your contact information if you attend a conference or webinar that we sponsor and the organizer provides us with a list of attendees. We may also obtain your contact information from third parties that market mailing lists. If we receive Personal Information from a third-party source and/or if we combine the information we receive from these third-party sources with your Personal Information, we will treat that information as Personal Information. We are not responsible for the accuracy of the information provided by third parties or how such third parties collect, use and share such information.
Use of Information
We may use information about you for the following purposes:
- Facilitate and improve your online experience;
- Process your registration with the Website, including verifying that your email address(es) are active and valid;
- Provide the Services you request, process transactions and send you related information, including confirmations and receipts;
- Respond to your comments, questions and requests and provide training and customer service;
- Communicate with you about products, services, offers, promotions, rewards and events and provide news and information we think will be of interest to you (for information about how to opt out of this direct marketing, please see the Your Choices section below);
- Manage your online account(s) and send you technical notices, updates, security alerts and support and administrative messages;
- Improve the Website and the Services;
- Personalize your online experience and provide advertisements, content or features that match your profile and interests;
- Monitor and analyze trends, usage and activities;
- Process and deliver contest and promotion entries and rewards;
- Link or combine with information we get from others to help understand your needs and provide you with better service;
- Contact you regarding your use of the Website and, in our discretion, changes to our policies;
- Provide you with notices related to the Website and the Services;
- Conduct surveys regarding the Website and the Services;
Sharing of Information
We may disclose your Personal Information to our agents, vendors, consultants and other service providers to carry out work on our behalf. These entities acting on our behalf are prohibited from using your Personal Information for any purpose other than to provide this assistance. We may be liable for the onward transfer of EU and Swiss personal data to third parties.
We must disclose your Personal Information in response to lawful requests by public authorities, including to meet national security or law enforcement requirements.
In addition, we may share information about you as follows:
- To the maximum extent permitted by applicable law, in response to subpoenas or other legal process or when we believe in good faith that disclosure is necessary to protect our rights, protect your safety or the safety of others, or investigate fraud;
- If we believe your actions are inconsistent with our user agreements for the Services or policies;
- To protect the rights, property, life, health, security and safety of us or any third party;
- To the maximum extent permitted by applicable law, we may also use IP addresses, mobile device identifiers or any other information we collect to identify users, and may do so in cooperation with copyright owners, internet service providers, wireless service providers or law enforcement agencies in our discretion. Such disclosures may be carried out without notice to you;
- With our affiliates for internal business purposes;
- In connection with, or during negotiations of, any proposed or actual merger, purchase, sale (including a liquidation, realization, foreclosure or repossession), lease, or any other type of acquisition of all or any portion of SurveyGizmo assets, financing, disposal, conveyance or transfer of all or a portion of our business to another company, in this event you will be notified via email and/or a prominent notice on our Website of any change in ownership or uses of your Personal information, as well as any choices you may have regarding your personal information.
In our sole discretion, we may also share aggregated or de-identified information, which cannot reasonably be used to identify you.
Referrals and Promotions.
We may offer referrals, surveys and other promotions (each, a “Promotion”) that may require registration. If you choose to enter a Promotion, your Personal Information may be disclosed to third parties in connection with the administration of such Promotion. By entering a Promotion, you are agreeing to the official rules that govern that Promotion, which may contain specific requirements of you, including, except where prohibited by law, allowing the sponsor and/or other parties to use your name, voice and/or likeness in advertising or marketing materials.
Advertising, Analytics Services, and Online Tracking
This means that some information about your browsing of the Website and certain third-party sites may be shared with these companies for the purpose of delivering ads to you on the Website and certain third-party sites, and we may receive from some of these companies information about third-party sites that you have visited. This information is used for marketing purposes and the practice is sometimes termed “retargeting” to indicate that information from one retailer is used to suggest to you relevant products offered by another retailer.
If you wish to not have this information used for the purpose of serving you interest-based ads, you may opt-out of certain targeted advertising by clicking on the unsubscribe link at the bottom on any email or by sending an email to email@example.com with the subject of Unsubscribe. Please note this does not opt you out of being served ads. You will continue to receive generic ads.
These and other third parties may also collect Personal Information about your online activities over time and across different websites when you use the Website.
Community Features and User Contributions
The Website may provide you the opportunity to participate and post content publicly through chat rooms, forums, interactive features, or other communication functionality (“Interactive Services”). We may provide functionality for you to submit or post text (including questions, comments, and suggestions), photographs, audio, videos, or other content (collectively, “User Contributions”) through Interactive Services, by linking the Website to a third-party service, or otherwise. Please note that certain information, such as your username and profile picture, may be publicly displayed on the Website along with your User Contributions. Contributions consisting of uploaded files may contain metadata, which may contain Personal Information or other information about or relating to you. You may wish to remove metadata from your file(s) before transmitting such file(s) to the Website.
Note that anything you post through the Interactive Services is public—others will have access to your User Contributions and may use it or share it with third parties. If you choose to voluntarily disclose Personal Information through your User Contributions, that information will be considered public information. If you submit User Contributions, they may be published online or offline at any time. In addition, we may use your User Contributions and any excerpt from your User Contributions in connection with our advertising, marketing, publicity and promotional activities. To request removal of your Personal Information from our community features, contact us at firstname.lastname@example.org with the subject of Remove Personal Information. In some cases, we may not be able to remove your Personal Information, in which case we will let you know if we are unable to do so and why.
Certain functionality on the Website may permit interactions that you initiate between the Website and a third-party website or service (“Social Features”). Examples of Social Features include enabling you to “like” or “share” our Website content to other websites or services; to log in to the Website using your username and password for a third-party site or service; to transmit content to the Website from your account on a third-party website or service; and to otherwise connect the Website to a third-party website or service.
If you choose to use Social Features, information you post or provide access to may be publicly displayed on the website or by the provider of the Social Feature that you use. Similarly, if you post information on a third-party platform that references our Website (e.g., by using a hashtag associated with SurveyGizmo in a tweet or status update), your post may be published on the website in accordance with the terms of the third party website or service. Also, both SurveyGizmo and the third party may have access to certain information about you and your use of the Website and the third-party website or service. In addition, we may receive information about you if other users of a third-party website give us access to their profiles and you are one of their “connections,” or information about you is otherwise accessible through your “connections’“ web pages, profile pages, or similar pages on a social networking or other third-party website or interactive service. These Social Features may collect your IP address, which page you are visiting on our site, and may set a cookie to enable the Social Features to function properly.
There may be hyperlinks on the Website to other websites or locations that are operated and controlled by third parties (“Third-Party Websites”). These Third-Party Websites may use their own cookies, web beacons and other technologies to independently collect information about you. In addition, these Third-Party Websites may solicit Personal Information from you. We make no representations regarding the policies or business practices of such Third-Party Websites and encourage you to familiarize yourself with their privacy policies before providing them with your Personal Information.
We take reasonable measures to help protect information about you from loss, theft, misuse and unauthorized access, disclosure, alteration and destruction. When you enter information (such as login credentials) on our login form, we encrypt the transmission of that information using transport layer security (TLS). Although SurveyGizmo uses reasonable efforts to help protect your information, transmission via the internet is not completely secure and SurveyGizmo cannot guarantee the security of your information collected through the Website. If you have any questions about security on our Website, you can contact us at email@example.com
We take reasonable steps to delete your information collected through the Website if you opt out of receiving further communications from us (see the section entitled Your Choices below) or if you ask us to delete your information.
SurveyGizmo retains data that we process on behalf of our customers, and collect from our customers directly, for as long as it is needed to provide services to our customers. SurveyGizmo will retain and use this data as necessary to comply with our legal obligations, resolve disputes, and enforce our agreements.
Your California Privacy Rights
California law permits California residents to request certain details about how their information is shared with third parties and, in some cases, affiliates, for those third parties’ and affiliates’ own direct marketing purposes. SurveyGizmo does not share Personal Information with third parties or affiliates for those third parties’ or affiliates’ own direct marketing purposes. California residents may request information about our compliance with this law by contacting us at Compliance@SurveyGizmo.com or by sending a letter to: Attention: Compliance SurveyGizmo 4888 Pearl East Circle, Suite 100W, Boulder, CO 80301. Any such inquiry must include “California Privacy Rights Request” in the first line of the description and include your name, company name, account ID, street address, city, state, and ZIP code. Please note that we are only required to respond to one request per user each year, and we are not required to respond to requests made by means other than through this email address or mail address.
The Website is not intended for children and is not targeted to children under the age of thirteen (13). We do not knowingly collect any personal information as defined by COPPA (the Children’s Online Privacy Protection Act) from children under the age of 13 and, if we learn that we have received information from a user under the age of 13, we will delete this information.
We strive for compliance with HIPAA (the Health Insurance Portability and Accountability Act). However, if you are transmitting or storing personal health information or HIPAA applies to you in any other way, you are obligated to notify us and engage in our HIPAA compliance procedures, which may include signing a Business Associate Agreement (BAA) with us as well as ensuring that your account tier includes the feature of data encryption at-rest and in transit that individual users (e.g. you) must ensure is enabled. For other compliance measures, you may be obligated to perform yourself within your account, including turning on data encryption in-transfer (SSL links).
EU – US Privacy Shield
SurveyGizmo has further committed to refer unresolved privacy complaints under the Privacy Shield Principles to an independent dispute resolution mechanism, the BBB EU PRIVACY SHIELD, operated by the Council of Better Business Bureaus. If you do not receive timely acknowledgment of your complaint, or if your complaint is not satisfactorily addressed, please visit http://www.bbb.org/EU-privacy-shield/for-eu-consumers for more information and to file a complaint. Note the possibility, under certain limited conditions, for individuals to invoke binding arbitration before the Privacy Shield Panel to be created by the U.S. Department of Commerce and the European Commission.
We use third party data centers to host data. We use third party email hosting services to send email. We use third party customer relationship management tools to help with management of business related data. We use third party billing and credit card merchant systems to process payments. We use third party ticketing and help systems.
General Data Protection Regulation
SurveyGizmo is aware of the passage of the General Data Protection Regulation (GDPR), however; the deadline for compliance with its terms is not until May 2018. Until then, we are evaluating any additional requirements or restrictions imposed by the GDPR to ensure that we handle customer data in compliance with applicable law by the 2018 deadline. Please check back periodically as we will update this section with additional information.
Access to Personal Information
Upon request, SurveyGizmo will provide you with information about whether we hold any of your Personal Information. You have the right to access the Personal Information we have about you. You may correct, amend, or delete that information at any time by emailing firstname.lastname@example.org with the subject of Personal Information Request. We will respond to your access request within a reasonable time period. We may require additional information from you to allow us to confirm your identity.
You can opt out of receiving promotional emails from us at any time by following the instructions provided in those communications or emailing us at email@example.com with the subject of Unsubscribe. You may also remove yourself from our email list by clicking on the unsubscribe link presented in all promotional emails we send to our customers. Please note that even if you opt out of receiving promotional communications, we may continue to send you non-promotional emails, such as those about your account, servicing, or our ongoing business relations.
firstname.lastname@example.org or Attention: SurveyGizmo Compliance, 4888 Pearl East Circle, Suite 100W, Boulder, CO 80301