Terms & Conditions
Privacy Policy
Dynata, LLC (f/k/a Survey Sampling International, LLC)
Terms & Conditions
1. Applicability; Agreement.
These Terms and Conditions (these “ Terms”) govern and apply to your use of Dynata’s services, including, without limitation, (1) membership with an Dynata panel or subpanel, including, without limitation, Survey Spot Research Panel, OpinionWorld Research Panels, Choozz Research Panels, Opinion Outpost Research Panels and YourVoice Research Panels (individually a “ Panel” and collectively the “ Panels”), (2) use of and/or access to any Panel website (individually a “ Website” and collectively the “ Websites”), (3) participation in any survey or study offered, provided, hosted or administered by or through Dynata, and (4) your eligibility for, and/or redemption of, rewards, incentives and prizes offered for certain actions and activities, including, without limitation, successfully completing surveys (collectively, the “ Services”).
All references in these terms to “ Dynata” include Dynata, LLC (f/k/a Survey Sampling International, LLC) and its parents, subsidiaries and affiliates. All references in these Terms to “ us” or “ we” refer to Dynata.
By accessing, using and/or participating in the Services you hereby expressly agree to comply with, and be bound by, these Terms.
Dynata reserves the right to refuse, restrict, prohibit or reject your access to, use of, and/or participation in the Services, at any time and for any reason.
2. Membership Eligibility.
Panel membership is generally open to individuals who satisfy the requirements for membership, including, without limitation, the minimum age requirement and geographic location requirement. The requirements for Panel membership may vary for each Panel. We only allow one member per unique email address. Dynata may refuse to provide the Services to anyone, at any time and for any reason or no reason.
3. Use of the Services.
The Services are for personal, non-commercial use. You may use the Services only when and as available. Dynata reserves the right to change, modify or eliminate, and/or restrict or block access to, all or any part of the Services, without notice, at any time, for any reason or no reason.
Dynata provides Panel members and non-Panel members with the opportunity to participate in surveys. Participation in surveys is voluntary. By agreeing to become a Panel member, you agree to receive invitations to participate in surveys. Additionally, Dynata may provide Panel members with the opportunity to communicate with other Panel members and/or Dynata. You may unsubscribe from Panel membership at any time, see Section 10 “Opt Out Policy” below.
4. Panel Registration; Passwords.
You may access any Website(s) as a visitor without registering for membership with the Panel associated with the Website(s) and without providing or disclosing personal information.
In order to register as a Panel member, you must register with or for the Panel and provide certain personal information. Panel members and non-Panel members are required to truthfully provide all information. Dynata reserves the right to restrict or prohibit your use of, access to and/or participation in the Services if you provide, or Dynata reasonably suspects that you have provided, information that is untrue, inaccurate, not current or incomplete.
Dynata will either: (i) issue a user name and password to a Panel member, or (ii) permit a Panel member to create his/her own user name and password. Panel members are solely responsible for the security of their user names and passwords and will be solely liable and responsible for any use, whether authorised or unauthorised, of their membership accounts. Dynata strongly recommends against the use of a social security number, financial account number, or any other identification or account number, as a user name or password.
Panel membership is specific to the individual who registers for membership with the Panel.
You acknowledge that you are accessing, using and/or participating in the Services in the capacity of an independent contractor, and no agency, partnership, joint venture, employee-employer or franchisor-franchisee relationship is intended or created by this agreement.
5. Unauthorised Uses.
You agree not to: (i) use spiders, robots or other automated data mining techniques to catalogue, download, store, or otherwise reproduce or distribute data or content available in connection with the Services, or to manipulate the results of any survey, prize draw or contest; (ii) take any action to interfere with any Website(s) or an individual’s use of any Website, including, without limitation, by overloading, “flooding”, “mail bombing” or “crashing” any Website; (iii) send or transmit any viruses, corrupted data, or any other harmful, disruptive or destructive code, file or information, including, without limitation, spyware; (iv) collect any personally identifiable information of or about any other user of the Services; (v) send unsolicited emails, including, without limitation, promotions and/or advertising of products or services; (vi) open, use or maintain more than one (1) membership account with a Panel; (vii) Forge or mask your true identity; (viii) frame a portion(s) of any Website within another website or alter the appearance of any Website; (ix) establish links from any other website to any page of, on or located within any Website or to the Services, without the prior express written permission of Dynata; (x) post or transmit any threatening, libellous, defamatory, obscene, pornographic, lewd, scandalous or inflammatory material or content or any material or content that could otherwise violate Applicable Laws (as defined herein); (xi) engage in any fraudulent activity, including, without limitation, speeding through surveys, taking the same survey more than once, masking or forging your identity, submitting false information during the registration process, submitting false or untrue survey data, redeeming or attempting to redeem rewards, prizes and/or incentives through false or fraudulent means, and tampering with surveys; (xii) reverse engineer any aspect of the Services or do or take any act that might reveal or disclose the source code, or bypass or circumvent measurers or controls utilised to prohibit, restrict or limit access to any webpage, content or code, except as expressly permitted by Applicable Laws; (xiii) engage in any criminal or illegal act(s); (xiv) use Restricted Content (as defined herein) in violation or breach of these Terms; or (xv) encourage and/or advise any individual, including, without limitation, any Dynata employee, to commit any act(s) prohibited hereunder.
You acknowledge and agree that Dynata will fully cooperate with all legal disclosure request(s) (e.g. court order or subpoena).
6. Restricted Content.
In connection with your use of, access to and/or participation in the Services, you may have the opportunity to review or access confidential and proprietary information, materials, products and content (“ Restricted Content”) belonging to Dynata and/or Dynata’s clients, partners and/or licensers. Restricted Content is and shall remain the sole and exclusive property of the owner of the Restricted Content. In no event shall you obtain or receive any right, title and/or interest in or to any Restricted Content. You agree to protect the confidentiality and secrecy of the Restricted Content and you agree not to modify, copy, reproduce, republish, display, transmit, distribute, reverse engineer, create derivative works of, decompile, or otherwise use, alter or transfer Restricted Content without the prior express written consent of Dynata. You acknowledge and agree that Restricted Content may be subject to, and protected by, intellectual property laws, regulations and codes. You further acknowledge and agree that if you breach or otherwise violate the restrictions, limitations and prohibitions contained in this Section, in addition to any other rights or remedies available to Dynata, Dynata reserves the right to terminate, prohibit or restrict your use of, access to and/or participation in the Services.
7. User Content.
You are solely liable and responsible for all content, materials, information and comments you use, upload, post or submit in connection with the Services (“ User Content”). You are solely responsible for all third party approvals, consents and/or authorisations required for User Content. If you submit User Content, the User Content may become publicly available and may be shared with third parties including, without limitation, Dynata’s clients, clients of Dynata’s clients and third party service providers. User Content should only include audio, video, images, or the likeness of the individual submitting the User Content and should not contain copyrighted or trademarked content or material of any third party. User Content should not include audio, video, images or the likeness of anyone other than the user. You will not receive compensation for any User Content. If you would like information about the identity of the sponsor of a survey in which you submit photos or videos, please contact Dynata as set forth in Dynata’s Privacy Policy. In order to identify the specific survey, you will need to provide Dynata with your email address and information on the specific survey (e.g., survey number, survey topic or subject matter, date you completed the survey, etc.).
By using, uploading, posting or submitting User Content in connection with the Services, you hereby grant to Dynata a perpetual, irrevocable, unlimited, transferrable, sub-licensable, world-wide, royalty free, right and licence to edit, copy, transmit, publish, display, create derivative works of, reproduce, modify, distribute and otherwise use, modify or distribute your User Content in any manner, without compensation or notice.
You are solely responsible for the User Content, Dynata does not and cannot review all User Content and Dynata is not responsible for the User Content. Dynata reserves the right to delete, move or edit User Content, that is, in Dynata’s sole discretion, deemed to: (i) violate these Terms, (ii) violate copyright or trademark laws, or (iii) be abusive, defamatory, obscene or otherwise unacceptable.
8. Rewards Programme.
1. In connection with your use of the Services, you may have the opportunity to accumulate rewards, incentives, and entries into prize draws or sweepstakes. Information, official rules, and terms and conditions for rewards, incentives, and prize draws or sweepstakes may be available in these Terms, on the Website for a Panel, at the beginning or end of a survey, in survey invitations, on the website(s) or webpage(s) for redeeming rewards, incentives, and prizes, and/or may be described in any newsletter or other communication distributed or published by Dynata.
2. All points posted to a Panel member’s account expire one (1) year following posting, unless the points are forfeited or cancelled earlier due to membership or account inactivity or as otherwise set forth in these Terms. Panel member accounts are not actual bank or financial accounts and do not accrue or accumulate interest of any kind.
3. Points posted in connection with the Services do not constitute property of the Panel member, cannot be transferred during or after the Panel member’s life, by operation of law or otherwise, and have no value until presented by the Panel member for redemption in accordance with these Terms.
4. In the event that any points or incentive have been erroneously posted to a Panel member’s account, Dynata may remove them from the Panel member’s account.
5. Points will be deducted from the Panel member’s account at the time the redemption request is made.
6. All redemptions are final and rewards may not be returned for credit except as otherwise provided in these Terms or as otherwise agreed to in writing by an authorized representative of Dynata.
7. In order to redeem under Dynata’s reward program, the minimum threshold of 1,250 points must be satisfied. If you do not satisfy the foregoing threshold, you will not have a redemption option under Dynata’s rewards program.
8. Dynata may modify, alter, delete or add new terms and conditions for its rewards program or the Services at any time without notice. For Dynata this includes, without limitation, modifying, altering, adding or deleting point values, redemption levels, conversion ratios, conditions for status, conditions for membership, and conditions for earning incentives or rewards, at any time without notice. In addition, Dynata may terminate or cease offering any incentive or reward in connection with Dynata’s rewards program, at any time without notice.
9. You may not combine your points with points belonging to any other member, including, without limitation, any family member or friend.
10. Dynata make no representations or warranties of any kind, express or implied, regarding any product or service received in connection with Dynata’s rewards program, including, without limitation, any warranty of merchantability or fitness for a particular purpose. Dynata is not, and will not be, liable or responsible for the performance of, or for the failure of the performance of, any product or service for which points, incentives, or rewards are redeemed for. In addition, Dynata is not and will not be responsible or liable for any cost, damage, accident, delay, injury, loss, expense, or inconvenience that may arise in connection with the use of, or defect in, any product or service for which points, incentives, or rewards are redeemed for. Dynata will not replace any lost, stolen, misplaced, or damaged incentives or rewards.
11. YOU HEREBY EXPRESSLY ACKNOWLEDGE AND AGREE THAT THE POINTS, INCENTIVES, OR REWARDS EARNED THROUGH THE SERVICES MAY BE SUBJECT TO TAX, WHICH IS THE SOLE RESPONSIBILITY OF THE PANEL MEMBER. Dynata may provide you and/or the appropriate government agency or taxing authority with information related to any payments or incentives you earn in connection with your use of Dynata’s services. You agree to provide Dynata with all required information to assist Dynata in complying with its reporting or withholding obligations. Dynata may withhold any tax from any incentive or reward as required by applicable law.
12. Every month Dynata donates $10,000 to American Red Cross. This donation is separate to the incentives you receive for surveys, and does not come from your points balance. This does not constitute a donation on your behalf so is not tax deductible for you, and is not dependent on the number of surveys members participate in, but is one way Dynata is aiming to give back to the global community.
13. Dynata uses reasonable efforts to ensure that points are credited and debited appropriately; however, panelists should review their account to ensure that their account correctly identifies the posted points, incentives, or rewards, and reflects all of the appropriate redemption transactions. If you feel that your account was not credited or debited correctly or reflects incorrect redemption transactions, please send an email to support@myopinions.com.au. Any email sent to Dynata should include the panelist’s name, email address and specific information on the subject matter. Dynata will use reasonable efforts to investigate the matter and to respond back to the panelist promptly. Dynata’s decision is final and binding.
14. The suppliers or providers of the products or services offered in connection with Dynata’s rewards program, and/or the owners or operators of the website(s)/webpage(s) on which redemption transactions occur, may have their own terms and conditions; please review these terms and conditions carefully.
15. Personal information may have to be collected, processed, and/or disclosed in connection with Dynata’s rewards program and/or any request to redeem a reward or incentive. By agreeing to these Terms, you hereby agree to the collection, processing, and/or disclosure of your personal information for such purpose(s) and all such personal information shall be subject to the terms set forth in Dynata’s privacy policy.
16. If a Panel member elects to donate points to one of the charities approved by Dynata, Dynata will donate said points to the selected charity. The donation is not made by or on behalf of Dynata and Dynata does not and will not match any donation. Please note that the donation option is not available on every panel owned and/or operated by or on behalf of Dynata, please check the redemption options available for the panel to which you belong.
9. Profile Updates.
Panel members agree to promptly notify Dynata of any changes in or to information contained in their member profile. Panel members agree to review and update, as necessary, membership profiles no less frequently than once every six (6) months. A Panel member may update, correct and/or delete information contained in his or her membership profiles by: (i) accessing his or her Panel membership account; or (ii) sending an email to the appropriate Panel member services team for the appropriate Panel.
10. Opt-Out Policy.
Panel members may opt-out from using the Services (including, without limitation, from receiving newsletters or communications), at any time, by: (i) following the unsubscribe procedures described on the applicable Website(s) or contained in any email received from Dynata; or (ii) by sending an email to the Panel member services team. Dynata shall use reasonable efforts to read and respond to each email request within a reasonable period of time after receipt. Upon termination, a Panel member’s contact information will be removed from any further communication or contact lists. Please allow a few days for the complete removal of contact information from Dynata’s communication or contact lists for the applicable Panel; during which period the member may receive communications which were created or compiled prior to termination. Please see Privacy Policy for information on how Dynata handles information and data following an unsubscribe, termination or opt-out request (“ Dynata’s Privacy Policy”).
11. Links.
In connection with your use of the Services, you may be able to voluntarily link or connect to websites maintained and/or operated by third parties (“ Third Party Websites”). Dynata does not endorse any Third Party Website nor any products, services and/or opportunities advertised, offered and/or sold by, through or in connection with any Third Party Website (“ Third Party Information”). Dynata does not make any representations or warranties regarding the Third Party Websites and/or the Third Party Information. Please carefully review all policies and terms applicable to the Third Party Websites and the Third Party Information.
12. Communications with Dynata.
All communications (excluding personal information) and User Content submitted or transmitted by You to Dynata, by electronic mail or otherwise, shall be treated as non-confidential and non-proprietary information, unless specifically indicated by You either prior to, or contemporaneously with, the submission or transmission of such communications and User Content. You agree that any such communications and User Content may be used by Dynata for any legal reason.
13. Privacy.
Dynata takes your privacy very seriously. For information about Dynata’s privacy practices, please review Privacy Policy.
14. Disclaimer.
THE SERVICES, INCLUDING ALL INFORMATION, SURVEYS, CONTENT, MATERIAL, COMMENTARY AND SERVICES MADE AVAILABLE ON, OR THROUGH, THE SERVICES, ARE PROVIDED “AS IS”. Dynata DOES NOT MAKE ANY REPRESENTATIONS OR WARRANTIES OF ANY KIND WHATSOEVER IN CONNECTION WITH ANY INFORMATION, CONTENT, MATERIAL, COMMENTARY, SURVEYS, PRODUCTS OR SERVICES MADE AVAILABLE ON, OR THROUGH, THE SERVICES, INCLUDING, WITHOUT LIMITATION, ANY USER CONTENT. FURTHER, Dynata HEREBY DISCLAIMS ANY AND ALL WARRANTIES, WHETHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF NON-INFRINGEMENT, MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. Dynata DOES NOT WARRANT THAT THE TOOLS, TECHNOLOGY OR FUNCTIONS CONTAINED IN THE SERVICES OR ANY CONTENT, MATERIAL, COMMENTARY, INFORMATION AND/OR SERVICES CONTAINED THEREIN, WILL BE UNINTERRUPTED OR ERROR FREE, THAT DEFECTS WILL BE CORRECTED, THAT THE SYSTEMS OR THE SERVER(S) THAT SUPPORT THE SERVICES AND MAKE THE SERVICES AVAILABLE WILL BE CORRECTED, OR THAT THE SERVICES AND/OR THE SYSTEMS AND/OR THE SERVER(S) THAT SUPPORT THE SERVICES ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. Dynata DOES NOT PROVIDE ACCESS OR CONNECTION TO THE INTERNET AND IS NOT AND SHALL NOT BE RESPONSIBLE OR LIABLE FOR THE ACTIONS OR OMISSIONS OF THIRD PARTIES THAT INTERFERE WITH, LIMIT, RESTRICT OR PREVENT ACCESS OR CONNECTION TO, OR USE OF, THE SERVICES.
15. Changes.
Dynata hereby reserves the right, in Dynata’s sole discretion, to make changes to these Terms. Dynata encourages you to review these Terms on an ongoing basis. Dynata will obtain your consent prior to changes that are of such nature that consent is needed or required. For changes that do not require consent, your continued use of, access to and/or participation in the Services does and will constitute your acceptance of these Terms as amended.
16. Indemnification.
You agree to indemnify, defend and hold harmless Dynata and its parent, affiliated and subsidiary companies and its and their respective members, managers, shareholders, directors, officers, employees and agents from and against any and all claims, liabilities, losses, judgments, awards, fines, penalties and costs and/or expenses of any kind, including, without limitation, reasonable lawyers’ fees and court costs, arising out of, resulting from, or caused by, whether directly or indirectly,: (i) your breach or violation of these Terms; and/or (ii) your use of, participation in and/or access to the Services.
17. Limitation of Liability.
EXCEPT TO THE EXTENT PROHIBITED BY APPLICABLE LAWS, YOU ACKNOWLEDGE AND AGREE THAT IN NO EVENT WILL Dynata BE LIABLE, OR OTHERWISE RESPONSIBLE, TO YOU FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL AND/OR PUNITIVE DAMAGES, FOR ANY REASON(S) OR FOR ANY CAUSE(S), REGARDLESS OF WHETHER Dynata IS INFORMED OF THE POSSIBILITY THE SUCH DAMAGES MAY EXIST.
ANY CLAIM OR CAUSE OF ACTION ARISING OUT OF OR RELATED TO USE OF THE SERVICES AND/OR THESE TERMS MUST BE FILED WITHIN ONE (1) YEAR AFTER SUCH CLAIM OR CAUSE OF ACTION AROSE.
18. Compliance with Applicable Laws.
You acknowledge and agree that you will comply with all applicable international, national, Federal, state and/or local laws, codes, regulations, rules and/or requirements (“ Applicable Laws”) regarding your use of, participation, in and/or access to the Services.
19. Suspension; Termination; De-Activation of Panel Membership Accounts.
Either party may terminate your membership with a Panel at any time, with or without cause, for any reason or no reason, and without liability for the termination.
In addition to any and all other available remedies, Dynata may, without notice, suspend and/or terminate your use of, access to, and/or participation in the Services if you are in breach or violation of these Terms. If Dynata terminates your membership due to your breach or violation of these Terms: (i) you forfeit all rights, title, and interest in and/or to all unredeemed rewards, incentives, and/or prizes, effective immediately upon termination; (ii) your membership will immediately be canceled; and (iii) your access to, participation in, and use of the Services (including, without limitation, the participation in survey projects) will immediately cease.
In the event that a non-Panel member breaches or otherwise violates these Terms, such non-Panel member hereby agrees that: (a) all rights, title, and interest in and/or to all unredeemed rewards, incentives, and/or prizes (if any), will be forfeit effective immediately upon termination; and (b) access to, use of, and participation in the Services will immediately cease.
In addition, Dynata reserves the right to de-activate your Panel membership account: (a) if your membership account does not remain Active (as defined herein); (b) if Dynata receives a hard bounce or delivery failure notice in regards to email communications sent by Dynata to your email account; or (c) if Dynata receives a “mailbox full” reply notice three (3) times in regards to email communications sent by Dynata to your email account. For the purpose of these Terms, “Active” means that you: (i) participate in a survey, at least, once every six (6) months; or (ii) update your profile or member information, at least, once every six (6) months.
In the event of deactivation, termination by you, or termination by Dynata (other than for your breach or violation of these Terms), Dynata shall maintain a record of the posted, unredeemed rewards, incentives, and/or prizes and shall allow you to redeem such rewards, incentives, and/or prizes for a period of thirty (30) days following the effective date of the termination or deactivation of your account.
20. Dynata Employees.
A. Restriction. Dynata employees and their Immediate Family Member(s) (as defined herein) are not eligible to receive any payments, prizes or incentives for using, participating in, or accessing the Services. For the purpose of this Section 20, the term “ Immediate Family Member(s)” includes parents, spouses, children or significant others (i.e. girlfriends/boyfriends, domestic partners and spousal equivalents).
B. Procedures. Dynata’s employees may use, access or participate in the Services, only after receiving written permission from their respective manager, and only for the sole purpose of improving Dynata’s products and/or services. Dynata’s employees must always be honest and report accurate information in connection with using, accessing or participating in the Services. If altered, false or untrue information or data must be used, prior consent and approval must be received from Dynata’s Chief Executive Officer.
C. Improper Conduct. Unless authorised pursuant to these Terms or otherwise approved in writing by Dynata’s Chief Executive Officer, the violation of the terms of this Section 20 by an Dynata employee and/or its Immediate Family Member(s) is a violation of Dynata’s standards of conduct and any such violation may subject the employee to discipline, including, without limitation, termination of employment.
21. Notices.
A. Notice From You to Dynata. Except as otherwise set forth herein, or as required by Applicable Laws, all notices to be sent or provided to Dynata should: (i) be correctly addressed to the applicable business address, and shall be sufficiently delivered if delivered: (a) by Federal Express, Express Mail or other nationally or internationally recognised overnight courier service (in which case notice shall be effective one (1) business day following dispatch); or (b) by certified mail, return receipt requested, postage prepaid (in which case notice shall be effective six (6) days following deposit in mail); or (ii) be sent via email to the appropriate member services team for the appropriate Panel.
B. Notice From Dynata to You. Except as otherwise required by Applicable Laws, you agree that Dynata may provide notices to you: (i) via the email address provided by you to Dynata (in which case notice shall be effective one (1) day following the date the email was sent, provided that Dynata did not receive an error message stating that delivery of the email was delayed, that the email address was invalid, or that the email otherwise could not be delivered); (ii) by certified mail, return receipt requested, postage prepaid addressed to the address provided by you to Dynata (in which case notice shall be effective six (6) days following deposit in mail); or (iii) by posting notices on the applicable Website(s). You agree to check the applicable Website(s) frequently for notices and to keep your personal information up-to-date.
C. Legal Notice. All questions regarding these Terms and all legal notices should be sent, in accordance with Section 21.A. of these Terms, to:
Dynata, LLC
6 Research Drive
Shelton, Connecticut 06484, USA.
Attn: Legal Department
or via email to: privacy@dynata.com
22. Severability.
If any term or provision of these Terms shall be held or declared to be invalid or unenforceable for any reason by any court of competent jurisdiction, such term or provision shall be deemed null and void and shall not affect the application and/or interpretation of these Terms. The remaining terms or provisions of these Terms shall continue in full force and effect, as if the invalid or unenforceable term or provision was not a part of these Terms.
23. Governing Laws; Jurisdiction and Venue.
These Terms and your access to, use of, or participation in the Services shall be governed by and construed in accordance with the laws of the state of Connecticut, USA, without regard to any portion of any choice of law principles (whether those of Connecticut or any other jurisdiction) that might provide for application of a different jurisdiction’s laws. All claims or disputes arising in connection with these Terms and/or your access to, use of or participation in the Services, shall be subject to the exclusive jurisdiction of the state or Federal courts located in Fairfield County, Connecticut, USA.
24. Miscellaneous Terms.
The headings contained in these Terms are for reference only and shall have no effect on the interpretation and/or application of these Terms. Dynata’s failure to enforce a breach by you of these Terms shall not waive or release you from such breach and shall not waive, release or prevent Dynata from enforcing any subsequent breach by you of these Terms. These Terms, any rules, terms or policies referenced herein or incorporated herein, and any Panel specific requirements, represent the entire understanding and agreement between Dynata and you with respect to the subject matter hereof.
Last Updated: 09-03-2019
Privacy Policy
The following is the Valued Opinions for residents of Australia and is the policy of Dynata Global UK Limited (f/k/a Research Now Limited), with a registered address at Devon House 58 St. Katharine’s Way, London, United Kingdom E1W 1JP on behalf of itself and all members of the Research Now Group, LLC corporate family including all affiliates of Dynata, LLC (f/k/a Survey Sampling International, LLC) globally listed below (collectively “Dynata”). All such entities globally shall have access to personal data collected pursuant to this policy and may access and/or store such data outside of your country of residence including in the United States.
First Effective: July 12, 2005
This Version: Effective November 5, 2020
The following sets forth the privacy policy for the Dynata online panel communities, websites and/or mobile applications (collectively “Application/Services”) offered by Dynata.
This Privacy Policy sets forth the collection, use and disclosure of personal data or personally identifiable information (“PII“) and other information by Dynata in connection with Dynata’s Services as defined herein and other Dynata and third party activities as defined herein (“Non-Research Activities”). Dynata’s Services provide you with the opportunity to join a panel, participate in surveys administered by Dynata or by third parties (whether as a panel member or a non-panel member), use the websites associated with the panels, use the Application/Services associated with the panels, and receive and redeem rewards and incentives, including, without limitation, sweepstakes entries, offered in connection with panel membership and/or the completion of surveys (collectively “Services“). Non-Research Activities include, but are not limited to, Dynata marketing Dynata Services and/or third parties marketing their services to you and/or sharing individual and/or aggregate profile data with third parties to develop marketing insights and/or audience/look alike models. Non-Research Activities are described in more detail in this Privacy Policy.
Your use of Dynata’s Application/Services is completely voluntary and therefore Dynata’s processing of your PII in connection with the Application/Services and Non-Research Activities and this Privacy Policy is with your consent.
Surveys administered by third parties and the data collected in connection therewith are not subject to this Privacy Policy. Registration with, use of, and access to Dynata’s Services is subject to Dynata’s Terms and Conditions. In most cases Dynata is not the sponsor of the survey and the survey instrument, and the survey results or survey data will be owned by the sponsor of the survey.
All references in this Privacy Policy to “Dynata” include Dynata and its parent, subsidiary and affiliated companies. All references to “us” or “we” refer to Dynata. All PII is stored on servers located in the United States, where Dynata’s servers are located and accessible globally to Dynata employees and/or agents. For purposes of this policy, respondent shall mean any individual who participates in Dynata Services, including passive data collection and/or participates in the Non-Research Activities described herein. For purposes of this policy, online shall include mobile web browsing,
Dynata collects personally identifiable information (“PII”) from research participants during and after registration with a panel, including, without limitation, during participation in a survey and in connection with the receipt and redemption of rewards and incentives and/or during the Application/Services registration and download process. You will be asked to provide certain PII and demographic information, including, without limitation, your name, address(es), telephone number(s) (including home, cell, and/or business telephone numbers), email address(es), date of birth, and occupation/education, the unique panelist/respondent identification number we assign to you when you sign up for an account (individually a “UID” and collectively “UIDs”), and racial and gender information. In addition to the collection of PII mentioned above, during and subsequent to the registration process, you may be asked to voluntarily provide or disclose Sensitive Data. “Sensitive Data” means PII that discloses or reveals health and medical conditions, sexual orientation or sexual life, political opinions/views, race/ethnic origin, religious and philosophical beliefs and trade-union membership. Sensitive Data is used to target survey opportunities to you and as otherwise set forth in this Privacy Policy.
Dynata collects PII, Sensitive Data and demographic information from non-panel members prior to and during participation in a survey.
Dynata provides its clients and/or its advertising partners with information about your device, including but not limited to, the device’s IDFA or Advertising ID and interactions with the Application/Services with your consent. Dynata, the clients and/or ad partners may use this information to facilitate Dynata surveys, for marketing of Dynata products and services to you, for unrelated interest-based advertising, to link your device to additional data about you and/or your device available from third party data management platforms and data providers/brokers and/or to validate certain information you provide about yourself and/or your device. Click here to learn more about some of our ad partners, including how to subsequently opt-out.
Additional information you submit.
You may submit, upload or transmit content or material, including, without limitation, photos, videos, and/or any other similar or related content or material which may include your PII (“User Content”), for example, when completing surveys. PII included in User Content shall be collected, used and disclosed as set forth in this Privacy Policy. User Content should not include audio, video, images, or the likeness of anyone other than you.
Information collected through automated means:
The Application/Services also collect certain information automatically, such as information about your device and device capabilities, including, without limitation, the device operating system, the other applications on your device, IP address, device network provider, device type, time zone, network status, browser type, browser identifier, unique device identification number (such as identifiers for analytics or advertising), network provider user ID (a number uniquely allocated to you by your network provider), Media Access Control (MAC) address, International Mobile Equipment Identity, location and other information that alone or in combination may be used to uniquely identify your device. Specific examples of this data and the technology that collects it are below:
Geo-location data. The Application/Services will request your permission to obtain geo-location information from your mobile device, and such geo-location information may be provided by the Application/Services at any time, whether the Application/Services is open or not. If you consent to sharing your geo-location data, in addition to the uses set forth under “Dynata’s use of information” below, Dynata will also use your location information to offer you the option to participate in location-based surveys and market research and/or to share such geolocation data with third party clients to demonstrate certain location and/or traffic patterns of Application/Services participants. In addition, Dynata may share your geo-location data with third party vendors to generate surveys for market research and for other research from aggregated location patterns. Please visit this Privacy Policy for a description of how our partner uses the geo-location data.
Geo-location data also may be used by ad networks to provide you with location-based advertising. The ad networks’ use of data, and how to opt out, are described in more detail below.
If you no longer wish to share your geo-location data through your device, please change the privacy settings in your device for the Application/Services.
Application/Services and functionality. Dynata may request access to certain applications and/or functionality available on or through your device for use in connection with the Application/Services and the Services. Access shall be requested via push notification or other alerts and access will only be granted with your consent. If you consent, you may subsequently opt-out by changing your settings on the device.
Social media information. You may also be offered the opportunity to access the Application/Services through third party social media platforms. If you select such option, Dynata may collect certain profile information stored in your social media platform account.
Cookies and Similar Technology. Cookies are small files that store certain data on a device. Session cookies expire when you close your browser. Persistent cookies remain on your device until deleted or once they reach a defined expiration date. You may set your browser to notify you when you receive a cookie. Additional geographic and demographic data such as the Audience Measurement Data (as defined below) may be shared with third parties and associated with a cookie placed on your device.
First party and third party cookies and other similar or related technology and device identifiers (e.g., IDFAs, AAIDs, etc.) may be placed, written, set, and/or read for several purposes including, without limitation, to provide a better survey experience, quality control, validation, to enable or facilitate survey participation, tracking of completed surveys or other completed actions, for fraud detection and/or prevention, online ad effectiveness research, website tracking and audience measurement, to develop audience insights and/or look-alike models in connection with marketing campaigns, and for the purpose of targeting advertisements and other content to individuals, subject to your consent where required by applicable law. However, for certain cookies and/or similar or related technology, if you decide not to accept cookies, you will not be able to use the Application/Services.
For more information on the types of cookies we use, the purposes for which we use information collected via cookies, please see our Cookie Consent Tool .
Log Files. The Application/Services may automatically gather and store certain information, including, without limitation, data available from your web browser, including, without limitation, IP Address, browser type, internet service provider, referring/exiting pages, operating system, date/time stamp, and click stream data in log files.
Digital Fingerprinting. Generally, digital fingerprinting assigns a unique identifier to your device based upon the device’s technical settings, characteristics, and IP Address. Dynata uses digital fingerprinting technology for quality control and validation purposes and fraud detection and/or prevention, including, without limitation, identifying duplicate or fraudulent respondents. Dynata may implement and use digital fingerprinting directly or through a third party vendor with your consent where required by applicable law.
Watermarking. Generally, watermarking involves placing a technology or file on your device to identify that it has previously been used to register with or access the Application/Services or the Services. Watermarking is used for quality control and validation purposes and fraud detection and/or prevention purposes. Dynata may engage in watermarking activities directly or through a third party vendor with your consent where required by applicable law. In some cases, we may use information collected through automated means, along with other information, to recognize users (or households) across platforms or across devices, such as smartphones, computers, tablets or related browsers, for the purposes described in this Privacy Policy.
Information collected from third parties
Dynata may obtain PII, behavioral and/or demographic information from third parties, including, without limitation, data management platforms, ad networks, information service bureaus, other sample suppliers and/or social media platforms. Dynata may use the PII, behavioral and/or demographic data received from these third parties for various purposes, including, without limitation, data validation, data append, developing marketing insights and look alike models, fraud detection purposes, and/or sending you a one-time email to invite you to participate in a survey and/or join a Panel. In addition, geolocation data, including information regarding retail and other commercial enterprises you may visit while the geolocation feature is enabled, may be appended to your panel profile and/or shared with Dynata’s clients if you elected to opt in to the geolocation services.
How does Dynata use the information it collects?
Dynata’s use of information:
In addition to the purposes described above, Dynata uses personal data collected through the Application/Services as follows: (i) to communicate with you regarding your membership with a survey panel(s) owned by Dynata; (ii) to communicate with you regarding your participation in a survey(s); (iii) to tailor survey opportunities to you and to arrange for advertisements to be displayed to you outside the Application/Services for the purposes of facilitating the completion of advertisement recall surveys; (iv) to send you notifications of survey opportunities; (v) to comply with any and all legal obligations, including, without limitation, tax obligations; (vi) to administer and manage Dynata’s reward and incentive programs and fulfill your requests for rewards and incentives; (vii) to facilitate your entry into Dynata’s sweepstakes and promotions and communicate with you regarding such entries; (viii) to update Dynata’s records; (ix) to comply with any data suppression obligations or requirements; (x) for fraud detection and/or prevention purposes; (xi) to link your device and/or profile to additional information available about you and/or your device available from data management platforms (“DMP”); (xii) to market Dynata products/services to you; (xiii) to enable third parties to market their products/services to you; (xiv) to enable Dynata or third parties to develop marketing insights and/or audience/look alike models; (xv) to validate the profile information you provided to us; and/or (xvi) as otherwise permitted pursuant to this Policy or as otherwise authorized by you. Dynata may use information collected in the context of the Application/Services in connection with other survey panels that Dynata administers and/or in connection with Non-Research Activities. With respect to the linking of Application/Services data to third party DMP data, Dynata uses such data itself and/or permits Dynata’s clients and/or the DMP itself to use such data to provide you with survey opportunities, to measure advertising effectiveness (as described in more detail below), to segment audiences; to design advertising campaigns using “look alike” cohort groups based on survey and third party data; and/or to market such third party’s products/services to you.
Retargeting. Dynata may from time-to-time engage a third party or third parties to either display advertising on an Dynata website(s) or to manage Dynata’s advertising on other websites (for example on social media sites). Dynata’s third party partner(s) may use technologies such as cookies or identifying data elements. Including but not limited to your IDFA or Advertising ID to gather information about your activities on Dynata’s website(s) and/or on other websites in order to: (i) provide you with advertising about Dynata and its services and/or (ii) assist Dynata in developing marketing and advertising campaigns designed to target individuals who have a social and demographic profile similar to your social and demographic profile. If Dynata is conducting a re-targeting program and you wish to not participate in this re-targeting program, please opt-out via the applicable cookie opt-out process set forth in this Privacy Policy or in Dynata’s separate cookie notice, by modifying your IDFA or Advertising ID and/or by unsubscribing within the advertisement itself.
Audience Insights/Look-alikes. Dynata and/or third parties may use Personal Data and/or may link Personal Data to a third-party cookie to develop audience insights and/or look-alike models in connection with marketing campaigns.
Online Advertising Effectiveness. In connection with Dynata’s online ad effectiveness program, you can participate in surveys regarding ads, promotions, content, campaigns, and/or websites that Dynata is testing for its clients. To facilitate the completion of these surveys, Dynata’s clients may write, set, or read cookies, locally shared/stored objects, flash cookies and/or any other related technology (each a “Third Party Technology” and collectively the “Third Party Technologies“). The Third Party Technologies may be written, set or read in various locations, including, without limitation, Dynata’s servers or systems. If you participate, your UID will be stored in or associated with the Third Party Technology to allow you to be re-contacted about the online ad or promotion and Dynata’s client will use the Third Party Technology to determine whether you have seen, clicked on, or otherwise interacted with the online ad or promotion. If you have interacted with the online ad or promotion, Dynata’s client will send your UID and the specific survey to Dynata and Dynata will provide you with the opportunity to complete the survey.
Audience Measurement Data. In addition to the use and sharing of Audience Measurement Data (as defined below) in connection with online advertising effectiveness research, as such research is described above, Dynata may share your UID and data previously collected by Dynata, including, without limitation, age, gender, income, number of people in your household, education/education level, and employment status, (“Audience Measurement Data“), to third parties, including, without limitation, Dynata’s subcontractors, partners, and/or clients for the purpose of audience measurement reporting on the content, advertisements, campaigns, and websites that you visit, view, and/or click on. The Audience Measurement Data will be used in connection with online advertising effectiveness research, and to assist in the creation, development, and implementation of websites, online advertisements, and other Internet and digital media features, functionality, and campaigns. Audience Measurement Data may be shared in a single summary form (i.e. individual respondent level) or aggregate summary form (i.e. group of respondents).
How do advertisers/ad networks use my information?
Ad partners’ use of information.
You can use the Application/Services to participate in surveys, including, without limitation, surveys regarding specific ads and promotions that Dynata is testing for its business clients. You may see these ads or promotions in several places, including, without limitation, in non-Dynata mobile apps (for example, in a gaming app), after which Dynata shall provide you with access to, or contact you to complete, a survey about the ad or promotion that you were exposed to. To facilitate the completion of surveys on ads or promotions, Dynata has partnered with ad companies that provide, measure or facilitate advertisements, including, without limitation, in many other mobile apps. The Application/Services provides these ad networks with the UID, your unique device identifier, and many or all of the other types of information described in the “Information collected through automated means” section above (including your ongoing geolocation, if your device permits the collection of geolocation). Then, when you use a mobile app that has partnered with one of the ad companies, the ad company can use your unique device identifier or other automatically collected information to recognize your device. The ad company may then show you an ad or promotion that Dynata is testing for one of our business clients. The ad company may then inform Dynata that the device associated with your UID has just received an ad or promotion, which allows Dynata to provide you with access to, or to contact you to complete, a survey regarding the ad or promotion. With your consent, the ad companies also use the information they collect about your device and your interactions with the Application/Services and other mobile apps to provide you with other in-app advertising that has been tailored to your interests and for other purposes. To learn more about some of these ad companies, including how to opt out, please visit the following:
https://www.voicefive.com/preferences.aspx
https://www.insightexpressai.com/adserver/optout.aspx
https://n01d01.cumulus-cloud.com/ssi/optout.php
https://priv-policy.imrworldwide.com/priv/browser/us/en/optout.html
What communications will I receive through the Application/Services or relating to the Services?
Dynata may contact you to participate in surveys via “push” notifications or SMS/text messages if you expressly agree to receive such communications.
In addition, Dynata and/or its agents or vendors on behalf of Dynata will send email communications to you regarding survey invitations, survey participation, reward or incentive information, inquiries and redemption, newsletters, notices required to be provided hereunder or by law, sweepstakes or promotion entries, notice of winning a sweepstakes or promotion, and in response to inquiries from you.
Where you provide Dynata with your telephone number(s), Dynata, its clients and/or its Subcontractors may also contact you by telephone in relation to your account, including, without limitation: (i) surveys you have or are participating in; (ii) reward or incentive information, inquiries and redemption; (iii) sweepstakes or promotion entries and prize fulfillment; (iv) responding to your queries; (v) notices under this Privacy Policy; (vi) additional survey invitations and/or opportunities; and/or (vii) to validate profile information you have provided to us.
Does Dynata share personal data and other information collected through the Application/Services with third parties?
Pursuant to applicable law, Dynata may disclose or transfer personal data and other information collected through the Application/Services to third parties as follows:
(i) With your consent;
(ii) In response to a subpoena or an order of a court or government agency;
(iii) To establish, exercise, or defend legal claims of an individual or Dynata, including in order to protect the safety of an individual or to protect Dynata’s rights and/or property;
(iv) Between various Dynata panels, if you sign up for more than one Dynata panel;
(v) To a parent, subsidiary, or affiliate of Dynata: (1) in the event of a reorganization or restructuring; or (2) for use and processing in accordance with this Policy or as authorized by you;
(vi) To authorized agents and/or subcontractors of Dynata and/or of Dynata’s clients, who are providing services, including, without limitation, data append services, data validation services, fraud detection and/or prevention services, database matching services, coding services, and reward, incentive, and sweepstakes related services. In connection with the sharing of personal data and other information with subcontractors as set forth in (vi) above, such subcontractors may use such data to improve or enhance their services, in which event they are acting as data controllers or data owners and not as subcontractors engaged by Dynata. For a list of the subcontractors acting as data controllers or data owners of your data and their privacy policies, please click here .
(vii) To a client for limited market research related uses including, without limitation, modeling, validation, data append, database segmentation, and reward, incentive, or sweepstakes redemption, fulfillment, and/or entry;
(viii) In connection with a change of ownership or control, including, without limitation, a merger or an acquisition of any or all of Dynata’s business assets, provided that the party receiving or acquiring the personal data agrees to use, protect, and maintain the security, integrity, and confidentiality of personal data in accordance with this Policy;
(ix) to a client or to such client’s customer in the event Dynata or a third party believes that you have or may violate the intellectual property rights of a third party;
(x) to a client or to such client’s customer in the event Dynata or a third party believes that you have violated the Terms of Service;
(xi) to a third party, which shall include both Dynata research clients and third parties that engage in Non-Research Activities to enable such third party to develop marketing campaigns, audience insights, look-alike models and/or to market such third party’s products/services to you; and
(xii) As otherwise permitted pursuant to this Policy.
In addition to the foregoing, if you enroll through a third party with whom Dynata has a contractual relationship and/or from an email sent from a third party company proposing you to join our Application/Services (collectively “Program Partner”), Dynata may share select enrollment information with the Program Partner who invited you into the program, which can include your full name, post or zip code, and your email address. You acknowledge that our Program Partner may collect, use, and disclose that information in accordance with their privacy policy. Please note that Dynata will not be responsible for and will not be liable for our Program Partner’s actions concerning your information or for any Program Partner’s privacy practices when you are dealing directly with them.
Please note, Dynata may allow a client to collect PII directly from respondents. The disclosure is voluntary and, prior to collection, the client is required to enter into a written agreement with Dynata, which, among other things, limits use of the PII.
Dynata may license certain PII to third parties (e.g., data brokers, data aggregators, etc.) for their own Non-Research Purposes, including, without limitation, the licensing of individual-level and/or aggregated-level data (e.g., product and/or service purchasing or usage activity, social media activity, website visitation data, internet search history, etc.) for the development of audience insights and/or look-alike models, for the purpose of sale of such data to the third party’s clients/customers for the purpose of performing analytics and providing marketing intelligence and/or to enable such third party to market its products/services to you.
Additionally, UIDs and information collected by automated means are provided to third parties, including, without limitation, clients, partners, agents and/or vendor for the purposes of identifying respondents for re-contact surveys or communications, fraud detection and/or prevention, database matching, data validation, data append, coding, data segmentation, and reward, incentive, and/or sweepstakes or promotion related services.
In connection with your survey data, Dynata or the client may associate certain demographic attributes to you. Dynata may share with third parties, including but not limited to clients, the geographic and/or demographic data Dynata collects from you during enrolment or through certain profile questions Dynata may ask you. Such data may be shared with third parties on an individual respondent level or aggregate summary form (i.e. a group of respondents). If you voluntarily disclose personal data in connection with your survey data and responses, and Dynata collects the survey data and responses, Dynata will transfer the survey data and responses, UID and the voluntarily disclosed personal data to the relevant Dynata client.
How can I opt-out of certain data collection and/or use?
There are multiple opt-out options for users of this Application/Services.
You can stop all collection of personal data and other information by the Application/Services by uninstalling the Application/Services and/or terminating your participation in the panel(s). You may use the standard uninstall processes available as part of your mobile device or via the mobile application marketplace or network and/or you may cancel your panelist account on the panel Site. Please note that if you delete the Application/Services, but maintain a profile with one of Dynata’s websites, we may still collect personal data and other data from you through our site(s). Uninstalling the Application/Services will not delete all information collected by Dynata prior to uninstalling the Application/Services. To delete all information collected by Dynata please contact Dynata as set forth below.
Six months following termination of your account, inactivity of your account and/or the date upon which you uninstall the Application/Services, Dynata may transfer your PII to a third party data broker and/or data management platform for purposes of resale/reuse by such third party. If you do not wish for your PII to be used for Non-Research Activities and/or if you do not consent to Dynata sharing your PII with third parties after termination of your account and/or removal of the Application/Services from your device, please contact us at privacy@dynata.com
For iOS Opt-out of location data
You may, at any time, opt-out from enabling the Application/Services to access your location data by:
- Touching or selecting the settings icon for the device;
- Once in the settings icon, touch or select Location Services; and
- Once in Location Services, you can use the individual slider for the Application/Services, to turn off location services.
Note: If you turn off Location Services, you will be prompted to turn on Location Services the next time the Application/Services tries to use this feature.
For Android Opt out of location data
You may, at any time, opt-out from enabling the Application/Services to access your location data by:
- Touching the ABOUT button on the top right of the navigation bar
- Once in the ABOUT dialog, you can toggle on/off Location Services via a switch labeled: “Access to my location”
For iOS Opt-out of push notifications
You may opt-out of push notifications for the Application/Services by:
- Touching or selecting the settings icon for the device;
- Once in the settings icon, touch or select notifications;
- If push notifications are turned on, there will be a list of icons, touch or select the icon for the Application/Services; and
- From this screen, you will be able to modify the push notification settings for the Application/Services.
For Android Opt-out of push notifications
- You may opt-out of push notifications for the Application/Services by:
- Access the Settings for the device.
- From within Settings, locate the Apps setting.
- Once in Apps, locate the relevant application (QuickThoughts or iPoll), and select it.
- Locate a checkbox labeled “Show notifications” and toggle it based on your preference.
Opt-out of email communications
You may opt-out of email communications by clicking the unsubscribe link in any email you receive from us or contacting us as set forth below.
Opt-out of sharing social media platform profile data
You may opt-out of sharing social media platform profile data by changing your preference/profile settings with the social media platform regarding the sharing of data with third parties or removing the Application/Services from your social media profile.
Opt out of use of the advertising identifier assigned to your smartphone/device
You may change the advertising identifier assigned to your device at any time.
Ad network opt-out
The ad networks that collect information through the Application/Services for use in facilitating surveys and providing interest-based advertising offer certain opt-out mechanisms. To opt-out, follow the instructions for each ad network at the links provided below. If you opt-out, you will not be able to participate in our surveys about ads and promotions.
Can I stop Dynata from tracking my online activities?
Do Not Track (“DNT“) is a preference in your browser that you can set to notify websites that you visit that you do not want the websites to collect certain information about you. Dynata does not respond to DNT signals. If you object to Dynata’s practice with regards to DNT signals, you may opt-out from participation or use of Dynata’s services as described below.
In connection with Dynata’s online ad effectiveness program, Dynata permits Dynata’s subcontractors, partners and/or clients to drop, set, and/or write Third Party Technologies for the purpose of facilitating audience measurement and ad recall survey activities. Dynata is not responsible for any third party’s compliance with or response to DNT signals. To learn more about Dynata’s online ad effectiveness program, please review the Cookies section of this Privacy Policy.
How long do you keep my personal data and other information?
Dynata will retain personal data and other information relating to your use of the Application/Services and/or the Services for as long as you have the Application installed and/or use the Application/Services and for up to one (1) year thereafter or such other period as may be required or permissible by law. Six months following your inactivity with the panel Sites and/or uninstalling the Application/Services, Dynata may transfer your PII to a third party data broker and/or data management platform for purposes of resale/reuse by such third party.
How can I access the personal data and other information the Application/Services has collected about me?
You have the right to review, correct, and delete your personal data, subject to applicable law. You may contact us with such a request using the contact details provided below.
Does the Application/Services collect data from minors under thirteen (13) years of age?
The Application/Services is not designed for, or intended for use by, any individual under the age of thirteen (13). We do not knowingly collect personal data from children under the age of thirteen (13), and if we became aware that we have inadvertently collected personal data from a child under the age of thirteen (13), we will undertake reasonable commercial efforts to delete such personal data.
What security is available for the personal data and other information collected through the Application/Services?
Dynata maintains an appropriate level of technical, administrative, and physical safeguards to protect personal data and other information disclosed or collected by Dynata. Dynata reviews, monitors, and evaluates its privacy practices and protection systems on a regular basis. Despite the safeguards we implement, transmissions over the Internet and/or a mobile network are not totally secure and Dynata does not guarantee the security of online transmissions. Dynata is not responsible for any errors by individuals in submitting personal data to Dynata.
Who can I contact with questions about this Policy?
If you wish to:
– receive a copy of the information we hold about you;
– communicate an opt-out request to Dynata;
– request access to, or the correction, blocking or deletion of, your personal data;
– make a complaint about our privacy practice;
-opt out of certain uses of your PII;
or have any questions regarding Dynata’s privacy practices and/or this Policy, please contact us via email at privacy@dynata.com
Dynata’s Legal Department is responsible for Dynata’s compliance with this Policy.
Are there any companies within the Dynata Group that may collect, store and process PII?
Effective date 1st June 2021
Please read these terms of use carefully. By creating an account with Surveyz, you accept these terms of use and our privacy policy.
1. Introduction
To access and use our Services, you must open an account on our online platform (Account). By opening an Account you or a person you nominate agree to be bound by these terms of use and our website terms of use, which should be read together.
2. Opening your account
2.1 To be eligible to open an Account, you must;
a) Be an individual who is at least 16 years old;
b) Be capable of entering into a legally binding contract;
c) Have a valid email address and mobile phone number;
d) Not have an existing Surveyz account, or an existing account with Humaniti (www.humaniti.com), and;
2.2 You must also be an Australian resident to use this service. If your circumstances change and you are no longer an Australian resident, you are required to contact us and let us know.
2.3 You are responsible for maintaining and protecting the confidentiality of your Surveyz login details, which consist of your email address and password. We are not responsible for any unauthorised access and use of your Account.
2.4 You may only register one Surveyz Account. If we suspect you have registered more than one account, we reserve the right to suspend and close these Accounts.
3. Services
We will provide the following Services to you:
a) Facilitating access to information contained in your bank accounts from accounts supported by Surveyz;
b) Providing rewards when you complete surveys, questionnaires and other tasks in accordance with section 4.
4. Rewards
4.1 We will offer you the opportunity to earn rewards by completing tasks such as surveys and questionnaires. Other opportunities for earning rewards may be added and removed at the discretion of Surveyz.
4.2 The reward will be an amount in dollars, which may be modified at the discretion of Surveyz.
4.3 When requesting a rewards payment in Australian Dollars, the minimum withdrawal amount is $20.00. Australian dollars you redeem can be paid to your Australian bank account.
4.4 Rewards accrued will expire when your account has been inactive for 18 months. We will send you reminders by email before this occurs.
4.5 If any additional terms are required for a specific reward, we will provide details of the terms and conditions at the time we invite you to complete the task.
4.6 We may offer you the opportunity to earn a higher reward for survey completion, where at the time of completing a survey, you have a valid connected bank account.
4.7 Whether a connected bank account is valid is decided at the discretion of Surveyz.
5. Changes to Surveyz
Surveyz reserves the right to change the services and rewards we offer to you, and the pricing of these products and services.
6. Closing your account
You can ask us to close your Account at any time. We will close your Account within 5 business days of receipt of your request. We will email you to confirm it has been closed. You forfeit any rewards that have not been withdrawn before you close your Account.
7. Suspension or Termination of Membership
You agree that we may, under certain circumstances and without prior notice, immediately suspend or terminate your Account and the provision of our Services. Cause for such termination shall include, but not be limited to:
a) Breaches or violations of this agreement or other incorporated agreements or guidelines;
b) Requests by law enforcement or other government agencies;
c) Discontinuance or material modification to our Services (or any part thereof);
d) Unexpected technical or security issues or problems; and
e) Extended periods of inactivity, these periods are decided by Surveyz and may change from time to time;
f) Using the service in such a way to cause data quality issues with incorrect or incomplete information.
Further, you agree that all terminations for cause shall be made at our sole discretion and that we shall not be liable to you or any third-party for any termination of your Account, any associated email address, or access to our Services.
8. Indemnity
You agree to indemnify us in respect of any liability incurred by us for any loss, cost, damage, or expense, arising under any theory of liability (including but not limited to tort, statute, equity or contract), we suffer as a result of your negligent or wrongful acts or omissions in connection with the Account or the Services, or your breach of these terms of use but only in the proportion that represents the extent to which the loss, cost, damage or expense was caused by your negligent or wrongful acts or omissions.
9. Limitation of liability
To the maximum extent permitted by law, our liability to you for all claims arising out of or in connection with this agreement excludes all liability for any loss or damage of any kind, regardless of whether the liability arises under any breach of contract, tort (including negligence), or any other cause of action. Neither party is liable to the other for any consequential or indirect loss including, but not limited to, loss of profit, loss of accrued employment rights, lost opportunity cost, loss of enjoyment.
10. No resale of the Services
You agree not to reproduce, duplicate, copy, sell, trade, resell or exploit for any commercial purposes, any portion of the Services (including your Account).
11. Intellectual Property
We own all intellectual property rights, including all current and future copyright, and related rights, patent application rights, patent rights, design rights, trade mark rights (whether registered or unregistered), confidential information and know-how (“Intellectual Property Rights”) vesting in the Services.
12. Disclaimer of warranties
You expressly understand and agree that:
a) Your use of the Services is at your sole risk. To the maximum extent permitted by law, we expressly disclaim all warranties of any kind, whether express or implied, including, but not limited to the implied warranties of merchantability and non-infringement, except we do not disclaim liability to the extent it is caused by our negligent or wrongful act or omission
b) We make no warranty that:
i. The Services will meet your requirements;
ii. The Services will be uninterrupted, timely, secure, or error-free; and
iii. Any errors in the Services will be corrected.
c) No advice or information, whether oral or written, obtained by you from us or through or from the Services shall create any warranty not expressly stated in this terms of use.
13. Notices
We may provide you with notices, including those regarding changes to this agreement, by email or postings on the Services.
14. Changes to terms and conditions
We reserve the right to modify, update or otherwise alter the terms of this agreement. We will notify you of any changes to the terms via your registered email, after the change. If you are unhappy with any of the changes, you may terminate your agreement with us immediately by requesting to close your Account.
15. Jurisdiction
These terms of use shall be governed by the laws of the State of New South Wales without regard to its conflict of law provisions. You and we agree to submit to the personal and exclusive jurisdiction of the courts of New South Wales.
16. General Information
Waiver and severability of terms – Any failure of ours to exercise or enforce any right or provision of this agreement shall not constitute a waiver of such right or provision. If any provision of this agreement is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavour to give effect to the parties’ intentions as reflected in the provision, and the other provisions of this agreement remain in full force and effect.
Statute of limitations – You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the Services or this agreement must be filed within one (1) year after such claim or cause of action arose or be forever barred.
The section titles in this agreement are for convenience only and have no legal or contractual effect.
This website and platform is owned, operated and controlled by Data Analytics Holdings Pty Ltd ACN 611 631 826
t Surveyz, we are committed to protecting your privacy. We also want to be transparent, as privacy shouldn’t be complicated. Our full privacy policy is below, but we wanted to give you the version without the jargon, to make sure you understand our intentions.
Simple summary
- We collect your personal information, to provide you with the Surveyz app, and the services within it.
- We are committed to keeping your personal information private and secure. Your detailed transactions are never shared.
- We use your personal information to run the services we provide you, all secured using the latest encryption and security technology, and stored in Australia. No transactions can take place using our platform.
- We use aggregated, deidentified transaction behaviour to create insights for Australian businesses and charities (e.g., how much has COVID affected spending at Big W or Target?)
- These businesses may also engage us to ask your opinions about certain things, and we reward you directly with money if you choose to participate by completing surveys.
- These insight services are how Surveyz earns money and allow us to pay you!
- Only Surveyz will ever contact you, to keep you up to date with our products and services.
Detailed privacy policy
Effective date
01/06/2021
How do we collect your personal information?
Directly from you
We collect your personal information directly from you, for example when you use our website and when you interact with our products and services. These interactions may include actions such as:
- Browsing our website,
- Registering for products and services with us,
- Expanding your profile,
- Completing questionnaires and polls,
- Linking your financial and other accounts.
Indirectly from you
We may collect your personal information from the accounts you have linked on your behalf. We may also collect your personal information from businesses to which we provide analytics or research services, or those who provide us with marketing leads.
If you are a business user or client, we may collect your personal information so we can allow you to use or access our services.
If you provide us with information about other individuals, you are responsible for telling those individuals and directing them towards this privacy policy.
The purposes for which we manage your personal information
The purposes for which we collect, store, use and disclose personal information include:
(a) To provide our products and services to you.
(b) Providing you with information about our products or services. If we send you marketing, we will always give you the option to unsubscribe at any time by notifying us that you wish to do so;
(c) To create de-identified research information, from which all personal information is removed. We use this de-identified information to create products and services to help businesses and charities understand the Australian market, which allows us to provide you this free service.
(d) Performing internal functions such as administration, accounting, and other various information technology system requirements.
(e) Complying with legal and regulatory requirements, and preventing fraud or crime; and
(f) Helping us improve our services, develop our products, and conduct research.
We may also combine the information we collect and hold about you. We will communicate with you electronically unless you tell us that you do not wish to receive electronic communications. If you do not wish to receive electronic communications, we won’t be able to provide our service to you as it is an online service only.
To whom will we disclose your personal information?
We may disclose personal information to:
- Our agents and contractors who supply services to us e.g. our data storage providers;
- Other companies in the event of a corporate sale, merger, reorganisation, dissolution or similar event;
- Affiliate and member recruitment partners we work with if you join through a one of these, for the purpose of measuring performance and fulfilling rewards.
- Regulatory bodies, government agencies or law enforcement bodies; and
- Anyone else to whom we are permitted to provide information by law.
In addition to the above, we may use service providers who may handle your personal information on our behalf to provide services for us such as:
- Help desk services;
- Incident management;
- Information technology services (such as data storage providers).
Only we will contact you unless you consent to someone else doing so e.g. if you give specific consent to receive information from another company.
What if you don’t provide some personal information to us?
If you do not provide your personal information to us, we may not be able to provide you the services we offer.
How do we store and protect your personal information?
We store the personal information we collect in a secure datacentre or in the cloud. We only use storage providers who maintain high standards of security and encryption. We store all personal information in Australia.
We keep your personal information only for as long as is reasonably necessary for the purpose for which it was collected, which is generally only as long as you subscribe to our service, then we delete your personal information. We keep other deidentified information for as long as we may need it.
How can you check, update or change the personal information we are holding?
In some countries you have the right to:
- Request access to your personal information and to ask us to correct or erase it;
- Request us to restrict the way we manage your personal information, e.g. if you dispute its correctness;
- Request us to transfer your data to another entity; and
- Object to us managing your personal information at any time, e.g., you may withdraw any consent you have given us about how we manage and use your personal information. This does not invalidate any earlier permitted use we have made of your information.
If you wish to request access or correct your personal information, please write to us by email at privacy@surveyz.com.au
What happens if you want to complain?
If you have any concerns about whether we have complied with the Privacy Act 1988 (Cth), the Australian Privacy Principles, or this Privacy Policy, please email us at privacy@surveyz.com.au
Your complaint will be considered by us through our internal complaints resolution process, and we will try to respond with a decision within 30 days of you making the complaint.
If your complaint is not resolved, you may refer it to the Office of the Australian Information Commissioner who can be contacted by phone at 1300 363 992, by email at enquiries@oaic.gov.au, by post at GPO Box 5218, Sydney NSW 2001 or you can go to www.oaic.gov.au.
If your complaint reasonably requires us to contact a third party, we may need to give some of the information contained in your complaint to that party.
Updating this Privacy Policy
We may update this Privacy Policy at any time by publishing it on our website.
Tell us what you think
We welcome your questions and comments about privacy.
Contact us
Contact us for requests for access and alterations, concerns or complaints or questions and comments at privacy@surveyz.com.au
Surveyz, and this website, is owned, operated and controlled by Data Analytics Holdings Pty Ltd ACN 611 631 826.
Welcome to YouGov, a global data company and provider of research insights. These terms cover the use of:
(i) the websites, ‘account.yougov.com’, ‘yougov.chat’, ‘direct.yougov.com, ‘g4-us.yougov.com’ and ‘g4-emea.yougov.com’(each a “Website” and collectively the “Websites”), and
(ii) the YouGov mobile applications ‘YouGov Chat’ and ‘YouGov Direct’ (each an “App” and are collectively the “Apps”).
We also have an application called ‘YouGov Safe’, a chrome browser extension currently available to download on the Apple AppStore and Google Play e-stores and ‘YouGov Pulse’, our tracking software that you may be invited to download, which is not automatically available. YouGov Activities (defined below) carried out using YouGov Safe and/or YouGov Pulse are covered by these terms.
The Websites and Apps are owned, operated and provided by YouGov Galaxy Pty Limited (with company number 108 247 767 whose registered office is at Ground Floor, 2-14 Mountain Street, Ultimo, NSW, 2007, Australia) or one of our group companies (referred to as “YouGov“, “we”, “our” or “us”).
Use off the Websites and Apps, the survey pages and content to which you may be directed (the “YouGov Content“), membership of the YouGov research panel set up and administered by YouGov and participation in any YouGov activities as described in our privacy and cookies notice (“YouGov Activities“) is governed by these terms and conditions of use (the “Terms“).
1. Acknowledgement and acceptance
1.1. By ticking ‘I agree’ during the process to register your membership (a “Member“) and/or by participating in the YouGov Activities, you agree to be bound by these Terms. Should you not wish to accept these Terms, you must exit the Website(s) and/or App(s) immediately and/or or cease participation in the YouGov Activities.
1.2. YouGov reserves the right from time to time, to modify or amend these Terms or any part of them. You will be informed in advance of any changes in good time before they become effective and such changes will never vary your entitlement to rewards for tasks you have already completed prior to the effective date of the changes. Your continued use of the Websites and/or Apps or continued participation in the YouGov Activities once the changes take effect shall constitute an affirmative acknowledgement of any amendment and your continued agreement to be bound by the modified Terms.
2.1. YouGov Registration Process for YouGov Members
2.1.1. To become a Member and to use the Websites and/or Apps and participate in the YouGov Activities, you need to register with YouGov and create a membership profile following the registration process set out below (the “YouGov Registration Process“). For clarity, you do not need to need to register with YouGov and create a membership profile to use only www.yougov.com, however such use is subject to the applicable provisions of these Terms and our privacy and cookies notice.
2.1.2. Prospective members must complete a YouGov Member registration form available as follows: (i) account.yougov.com, (ii) through the Apps, (iii) websites hosted by YouGov or by third parties, (iv) a link in an email sent to you by a third party or by YouGov (where you have agreed to receive such emails from these sources)
2.1.3. Prospective members must be 16 years or older to join YouGov.
2.2. Information you provide to us
2.2.1. In return for YouGov granting you access to the Websites and Apps and the ability to participate in any YouGov Activities, you agree to:
2.2.1.1. Provide true, accurate, current and complete information about yourself as prompted by the YouGov Registration Process;
2.2.1.2. Maintain and promptly update your personal membership details including the Membership Profile (defined below) so as to keep it true, accurate, current and complete; and
2.2.1.3. Provide true, accurate, current and complete information about yourself, and where you state an opinion, it must be genuinely held; as prompted by YouGov whilst participating in any YouGov Activities.
2.2.2. You must comply with the spirit and the letter of these standards, which apply to any information you provide to us, in whole or in part. If, in YouGov reasonable judgement, you provide any information that is untrue, inaccurate, not current, incomplete or inconsistent with prior answers to identical questions, or YouGov has reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, YouGov has the right to suspend or terminate your current access to, use of the Websites and/or Apps and/or participation in the YouGov Activities. This is subject to your right to refuse to participate any YouGov Activities at any time.
2.3. Your Membership Profile and YouGov Account
2.3.1. Once you have completed the YouGov Registration Process, Members will be provided with a profile (“Membership Profile“) and an account (“YouGov Account“) for the Websites, Apps and those YouGov Activities for which rewards (as defined below) are offered.
2.3.2. Only one Membership Profile is permitted per Member and any Member found to have multiple Membership Profiles and/or YouGov Accounts may have their primary and any secondary Membership Profiles and/or any YouGov Accounts deleted. YouGov may demand proof of identity from a Member and rewards held in secondary YouGov Accounts may not be transferred and may be forfeited.
2.3.3. A unique email address must be used by each Member. This means that, by way of example only, family members may not each have an account using a shared email address but must each have a separate account with a separate email address.
2.3.4. Each Membership Profile and YouGov Account must only be accessed by that individual Member, and may not be accessed by any other individual without the express permission and authorisation of YouGov. You agree to notify YouGov immediately if you become aware of, or suspect any unauthorised use of your login information, Membership Profile and/or YouGov Account, or any other breach of security.
2.3.5. Members may be awarded rewards into their YouGov Account (“Rewards“) through the Websites and/or Apps for participating in the YouGov Activities for which Rewards are offered. The amount of Rewards that may be awarded for participation in a YouGov Activities will be notified to Members on invitation to take part in any YouGov Activities.
2.3.6. Rewards will only be awarded to Members who follow all instructions regarding the participation to qualify for any Reward. A Member’s failure to correctly follow any such instructions or procedures may result in no Rewards being awarded.
2.3.7. Rewards awarded will be recorded in your YouGov Account, however Rewards are not available for redemption until a Member has (subject to paragraph 2.3.9 below) reached the specified fulfilment level in their YouGov Account.
2.3.8 If YouGov has suspended or terminated your YouGov Account for any of the reasons outlined in these Terms any Rewards you have been awarded cannot be redeemed and may be forfeited. YouGov reserves the right to reclaim any rewards held in the YouGov Account or paid to the Member following breach of these Terms.
2.3.9. YouGov reserves the right to change the YouGov Activities, the Websites and/or Apps or other ways which Members may be eligible for Rewards and to vary the frequency of invitation to such activities. YouGov also reserves the right to alter the specified fulfilment level before Rewards may be redeemed.
2.3.10. Rewards have no monetary or other value until redemption. Rewards may not be transferred to other YouGov Accounts nor pooled together in any manner and the sale or barter of Rewards is strictly prohibited.
2.3.11. YouGov may, in our reasonable judgement, adjust the Rewards in a Member’s YouGov Account upwards or downwards in response to errors (which Members acknowledge may arise) or if YouGov suspect fraud.
2.3.12. YouGov may terminate any YouGov Account that, in YouGov’s reasonable judgement, has been dormant for a period of 12 months or more and any unused Rewards will be forfeited. By ‘dormant’ we mean, where the Member has not participated in the YouGov Activities within the preceding 12 month period. YouGov may contact the Member via their nominated email address if their YouGov Account is at risk of termination through inactivity, however has no obligation to do so.
2.4. Invitations
2.4.1. You acknowledge that:
2.4.1.1 if you register as a Member, it is integral to your participation that we are able to send you emails and notifications inviting you to participate in YouGov Activities, whether through the Websites, Apps or in person; and
2.4.1.2 if you wish to stop receiving such emails and notifications, you may terminate your membership in accordance with paragraph 6.1 of these Terms.
YouGov may ask you to participate in activities which will off you an opportunity to enter a prize draw. Such draws will be governed by the respective terms and conditions specified and displayed for each prize draw.
4.1. You may be eligible for Rewards by referring friends and family to YouGov, provided they join using a unique link or code that we provide to you for making referrals (a “Referral Link”). The conditions attached to the awarding of such Rewards, if any, are explained in the YouGov Account section of the Websites and Apps. When referring new Members, you agree to not pose as or claim to represent YouGov and you will not attempt to mislead or deceive prospective Members into using your Referral Link to join. You agree to make clear to any prospective Members you refer that they will be using your unique Referral Link and that you may be rewarded if they join YouGov via your Referral Link.
5.1. Use of the Websites and Apps and participation in YouGov Activities may involve you submitting responses and other content to us (“User Content“) which may be visible to other users of the Websites and/or Members.
5.2. You acknowledge that User Content provided by you is your sole responsibility. This means that you, and not YouGov, are entirely responsible for all User Content you upload, post, link to, email or otherwise transmit via your use of the Websites and Apps or your participation in any of the YouGov Activities.
5.3. You acknowledge that User Content does not represent the opinion of YouGov and YouGov does not control, pre-screen or monitor the User Content posted on the Websites and Apps nor do we guarantee the accuracy, integrity or quality of such User Content. YouGov may review certain User Content to determine whether it is illegal or whether it violates these Terms (such as when unlawful content is reported to us) and we may also modify, prevent access to, delete, or refuse to display content that we believe violates the law or these Terms. YouGov assumes no liability in respect of the User Content.
5.4. You understand that by using the Websites and Apps, you may be exposed to User Content, and you agree that you must evaluate, and bear, all risks associated with the use of any User Content, including any reliance on its accuracy, completeness, or usefulness. Notwithstanding the foregoing YouGov shall have the right in their sole discretion to refuse, edit, move or remove any such User Content, whether or not that content violates these Terms.
5.5. With respect to all User Content you elect to transmit to us (including User Content you post on the Websites or Apps), you grant YouGov a royalty-free, perpetual, irrevocable, non-exclusive licence (with the right to sublicense) to use, reproduce, modify, adapt, edit, publish, translate, create derivative works from, exploit, perform and display such User Content (in whole or part) throughout the world and/or to incorporate it in other works in any form, media or technology now known or later developed, for any purposes.
5.6. You may only use Websites and Apps for lawful purposes and not in any way that breaches any applicable local, national or international law or regulation. In the course of using the Websites, Apps and/or participating in YouGov Activities you agree, without limitation, not to:
5.6.1. Upload, post, link to, email or otherwise transmit any information that is unlawful or fraudulent, or for unlawful or fraudulent purposes, in the reasonable opinion of YouGov or the country in which you reside;
5.6.2 Upload, post, link to, email or otherwise transmit any information that is abusive, defamatory, threatening, harassing, obscene, discriminatory, likely to cause distress, intended to incite hatred or is otherwise objectionable as determined by us in our sole discretion;
5.6.3. Impersonate any person (whether living or dead) or entity;
5.6.4. Forge headers or otherwise manipulate identities in order to disguise the origin of any content transmitted through the Websites, Apps or provided through participation in YouGov Activities;
5.6.5. Upload, post, link to, or otherwise transmit any information that you do not have a right to transmit;
5.6.6. Upload, post, link to, email or otherwise transmit any unsolicited or unauthorised advertising, promotional materials, “junk mail”, “chain letters”, “phishing emails”, “pyramid schemes”, or any other form of solicitation;
5.6.7. Upload, post, link to, email or otherwise transmit any material that contains software viruses or any other computer files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment;
5.6.8. Collect or store personal data about other individuals; or
5.6.9. Attempt to submit more than one response per survey or otherwise take part in any single and specific YouGov Activity multiple times or do any other act that may affect the validity of any result obtained by YouGov.
6.1. If you no longer wish to participate in YouGov Activities you can unsubscribe via your Account page or by emailing help@yougov.com. You will cease to receive emails and notifications from YouGov and be unable to participate in any YouGov Activities unless and until you log in to your account and re-subscribe. You will retain any Rewards previously awarded.
6.2 You may request that your account be deleted by emailing your.rights@yougov.com. To delete your account we erase all data which directly identifies you. Your right to erasure of the personal data we hold about you is explained in our privacy and cookies notice. Deletion of your account and the erasure of your personal data will mean you cease to receive emails and notifications from YouGov and will be unable to participate in the YouGov Activities unless, and until, you re-register. You will be unable to reactivate your YouGov Account and you will forfeit any Rewards you have been awarded.
6.2. You agree that YouGov, in its sole discretion, may suspend your Membership, participation in any YouGov Activities or access to the Websites and/or Apps, or remove or discard any User Content, for any reason, including, without limitation, for lack of use, or if YouGov, in its reasonable judgement, believes that you have violated or acted inconsistently with the letter or spirit of these Terms.
6.3. YouGov shall not be liable to you or any third-party for any termination or suspension of your YouGov Account or your access to the YouGov Activities, the Websites and/or Apps nor for any associated loss of forfeiture of any Rewards you may have accrued.
6.4. YouGov may cease the YouGov Activities, or remove access to any Website and/or Apps at any time. In such a case and unless specified otherwise, Rewards under threshold will not be redeemable Members.
7.1. You hereby agree to fully reimburse YouGov and its directors, officers, employees and agents from and against any and all liability, damages, losses, claims (including reasonable legal fees) each of them suffers or incurs resulting in any way from (i) your use of the Websites or Apps, (ii) your provision of User Content, (iii) your participation in the YouGov Activities or (iv) resulting from any breach of these Terms whether such breach is carried out by you or by any other person through your Membership Profile or YouGov Account.
8.1. Links may be included within the Websites and/or Apps. By clicking on such links, you may leave the Website and/or App and be directed to a third party site (“Linked Site(s)“). The Linked Sites are not under the control of YouGov and YouGov is not responsible and nor shall it be liable for the content of any Linked Sites, any links contained in a linked site or any changes or updates to such sites. YouGov is not responsible for webcasting or any other form of transmission received from any Linked Site. YouGov is only providing these links to you for information and convenience, and the inclusion of any Linked Site does not imply endorsement by YouGov of the site or any association with their operators.
9.1. The YouGov Content, Websites, Apps and all pages and content therein, including, but not limited to, text, graphics, audio, video, photographs, software, inventions, surveys, logos or other materials (“Materials”) are the intellectual property of, or are authorised for use by, YouGov and its licensors, business partners and affiliates, including all trademarks, service marks, copyrights, patents, database rights and trade secrets contained therein. The compilation, organisation and display of the content as well as all software and inventions used on and in connection with the Websites are the exclusive property of YouGov. Except as expressly permitted in these Terms, you may not modify, copy, reproduce, create derivative works, republish, display, upload, post, transmit, distribute or use in any way content available on the Website or App without the prior written consent of YouGov.
10.1. Notices relating to these Terms. All notices given by YouGov to Members will be sent to their designated email address provided by them during the YouGov Registration Process.
10.2 If a court finds part of these Terms illegal or otherwise invalid, the rest will continue in force. Each of the paragraphs of these Terms operates separately. If any court or relevant authority decides that any of them are unlawful, the remaining paragraphs will remain in full force and effect.
10.3 Reliance on these Terms. We intend to rely on these written Terms and any document expressly referred to in them in relation to the subject matter of any agreement between us. We and you will be legally bound by these Terms.
10.4 Events or circumstances beyond our reasonable control. If we are prevented or delayed from complying with our obligations under these Terms by anything you (or anyone acting on your behalf) does or fails to do or due to events or circumstances beyond our reasonable control, our inability or delay in performing our obligations will not be deemed to be in breach of these Terms. Examples of such events and circumstances include fire, flood and other acts of God, strikes, trade disputes, lock outs, restrictions of imports or exports, riot, accident, disruption to energy supplies, civil commotion, acts of terrorism or war.
10.5 References to ‘including’ and other similar expressions. In these Terms, words that appear after the expression ‘include’, ‘including’, ‘other’, ‘for example’, ‘such as’ or ‘in particular’ (or any similar expression) will not limit the meaning of the words appearing before such expression.
10.6 We may transfer this Agreement to someone else. We may transfer our rights and obligations under these Terms to another organisation. We will contact you to let you know if we plan to do this. If you are unhappy with the transfer you may contact us to end your membership within 14 days of us telling you about the transfer.
10.7 You need our consent to transfer your rights to someone else. You may only transfer your rights or your obligations under these terms to another person if we agree to this in writing.
10.8 Nobody else has any rights under these Terms. The agreement made under these Terms is between you and us. No other person shall have any rights to enforce any of its terms. Neither of us will need to get the agreement of any other person in order to end the agreement between us or to make any changes to these Terms.
10.9 Language. These Terms may be presented to you in more than one language. However, the English language version of these Terms shall prevail. The parties hereto have expressly requested that these Terms be drafted in English.
10.10 Even if we delay in enforcing a Contract, we can still enforce it later. If we do not insist immediately that you do anything you are required to do under these Terms, or if we delay in taking steps against you in respect of your breaking the Contract, that will not mean that you do not have to do those things and it will not prevent us taking steps against you at a later date.
10.11 The laws that apply to these Terms, where you may bring legal proceedings and class action waiver. This Agreement is governed by and shall be construed in accordance with the laws of New South Wales, Australia, the principal place of business of YouGov, without giving effect to any principles of conflicts of law. You agree to bring any claims against YouGov, exclusively in the courts of New South Wales, Australia.
As a global data company and provider of research insights, we take privacy and data security very seriously, and believe that everyone’s personal data should be handled responsibly and ethically. We know that without the trust of everyone who participates in our research, we could not produce the research that helps our clients make better decisions.
We’ve tried to make this notice as easy to read as possible, but if anything is unclear, please contact us at dataprotection@yougov.com, and we’ll be happy to clear it up.
As an organisation that relies on the use of personal data, YouGov is responsible for collecting and using your data in a responsible and secure way, and that starts with clearly telling you how we collect, use and protect your personal data. This notice sets out:
- The personal data we may collect from you;
- How and why we use your personal data;
- Why we may share personal data within YouGov and with other organizations; and
- The rights and choices you have when it comes to your personal data.
YouGov is made up of a number of companies, each of which separately controls the data provided to it by our members, and those who otherwise participate in our research opportunities. If you are a user or member who registered in Australia, YouGov Galaxy Pty Limited (ACN 108 247 767) (referred to as “we”, “us”, “our” or “YouGov”) is the controller of your personal data. This means we choose why and how that data is processed. We are based at Ground Floor, 2-14 Mountain Street, Ultimo, NSW, 2007, Australia.
In this section we explain what personal data we may collect when you become a YouGov member or otherwise participate in our research, as well as data that we may collect from other sources
Data that we collect from you
When you join YouGov or take part in our research, you provide us with the data that powers our business. While there are certain data that you must provide in order to use some of our services, such as account details when you join YouGov, you control how much data you share with us. Whether you only want to participate in certain research opportunities, or all of them – it’s your choice (although please note that refusing to provide certain information may impact your ability to join YouGov and take part in research opportunities).
If you are required to have parental permission to participate with YouGov, you confirm that by participating with YouGov you have that permission and will provide us with evidence of that permission where required.
| When you register with YouGov, we collect: |
- Contact details, such as your name, email and postcode
- Demographic data, such as your age, gender, and general economic and household information
- Your account login details, which will be your email address
- Referral partner IDs, if you arrived on our website by clicking a ‘Join YouGov’ advertisement online, or a link in an email from one of our recruitment partners (we pass these IDs back to our recruitment partners to track and improve their effectiveness and to pay them)
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| When you participate in research opportunities on our website or mobile apps, we collect: |
- Information you proactively share with us about who you are, what you think (for example your opinions on topical issues, companies and brands) and what you do (for example what shops you like to shop in, what TV shows you have recently watched, or what kind of things you own)
- Device and browser “metadata” (basically an audit trail of your device and browser use), which is information that is collected automatically when you interact with us. Metadata includes your IP address, the make, model and operating system of the device you have used and browser type
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| If you have agreed to download YouGov Pulse, our tracking software (you will have been specifically invited to do this, it doesn’t happen automatically), we collect: |
- Device and browser metadata
- Information about websites you have visited, which applications you have downloaded onto your computer and mobile devices, and how and when you use them (we do not collect any data that you input into secure forms whilst browsing (such as usernames, passwords or online transactions)
- Search terms that you enter into search engines
- Information about what is being watched on certain media apps that you may use, for example Netflix and Amazon Prime
You can find more information about YouGov Pulse, the types of information that may be collected and how they are used, here. |
| If you have agreed to participate in YouGov Safe, we collect: |
- Any information that you agree to upload, which may relate to your viewing history on one or more streaming services, or your online purchase history (and you will always be able to see what information will be uploaded, how it will be used and who it may be shared with before you confirm that you’re happy for the information to be collected)
You can find more information about YouGov Safe, the types of information that may be collected and how they are used, here. |
| If you have been invited to participate in online or in-person qualitative research, we collect: |
- Your opinions on the topics that the research is exploring
- We may also record these interviews with you, but in such cases you will be given full information about the research project and the opportunity not to participate
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| When you use our website or use our mobile apps, we collect: |
- Information through the use of cookies and similar technologies (click here to go to the section about the data we collect using cookies)
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| When you contact us or interact with our website or social media pages, we collect: |
- Any personal data that you may provide about yourself, including your name and contact details and the conversation history of our communications with you
- Any comments you make on our website or social media pages, and whether you have chosen to ‘follow’ any other YouGov member on our website
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| When you redeem your points, we collect: |
Your bank account or other payment details (such as PayPal) so we can pay you if you choose to redeem your points in cash |
Sensitive personal data
Some of the data that you provide us may be considered to be ‘sensitive’ under applicable data protection laws, such as your racial or ethnic origin, religious or philosophical beliefs, information concerning your health or sexual orientation and any other categories of personal data deemed to be ‘sensitive’ under applicable data protection law. For example, during a survey we may ask whether you regard yourself as belonging to a particular race or religion. We use this information in the same way we use other information we collect, but the law may require that we have your consent to collect and use it.
When you join YouGov, you will be asked to agree to our privacy notice and terms and conditions governing your membership. By continuing your registration, you are consenting to our collection and use of sensitive personal data. If you are not a YouGov member, you will give your consent by answering the relevant questions within our surveys.
Personal data collected from other sources
We may also use personal data you have shared with us to derive additional information from other sources:
- Public sources: for example, we may compare your postcode against public registers to determine that you live within a certain catchment area for a particular local authority or electoral constituency. We may also use public APIs (which allow two applications to talk to each other) to obtain data from public websites, for example, Twitter and YouTube (part of Google, and whose data is not used towards YouGov Signal’s daily Sentiment aggregation). Much of this information is non-personal, but it may include social media handles, and associated public posts or comments (but never private posts or account information).
- Acquisition partners: if you decide to register with an organisation to receive opportunities from companies like YouGov, that organisation will pass your name and contact information to us so we can contact you about joining YouGov.
- Our clients: who may ask us to combine your data, such as your survey responses, with information they already hold, so they can use the combined data to perform more detailed analysis. We will only agree to do this if we are sure that our clients will not be able to identify you from the combined dataset, or if you have given your consent to be identified.
- Segmentation partners: we may purchase data from companies which help us to categorise our members’ data into groups or ‘segments’ based on a classification of consumers devised by the segmentation partner. We add the segment information we purchase to the data we hold about you (click here for more information about how we share personal data with these companies to add these segments to our own data).
- Other companies that sell data: we may purchase data from companies that sell certain types of data that are valuable to us. In these cases, we will either match the data ourselves, or will ask these companies to match the data on our behalf. As with our other service providers, we have contractual safeguards in place to ensure that these companies delete the data once the match has been completed, and they do not disclose or use the data for any other purpose.
You may still receive invitations to participate in our research activities if you have not joined YouGov. In these cases we will have received your email address either from a client, or we’ll have acquired it from an organisation that maintains databases of contact details so that companies like YouGov can contact you. We only send emails where we are permitted by law to do so and have obtained guarantees from those companies providing the email addresses that the recipient (that’s you) has agreed to receive third-party (e.g. from YouGov) communications, and we will always tell you where we’ve got your details from and give you the option to opt-out of receiving further emails from us free of charge.
In this section we explain that how long we keep your personal data depends on how it is used
We will only retain your personal data for as long as we need to in order to fulfil the uses we describe in the following section, or until you exercise your right to erasure (which is explained in the section about Your rights).
In practice, this means that we’ll keep most of your personal data for as long as you are a member of YouGov, because we use it to provide you with a great research experience, such as when we use the information you provide us in a survey to select and invite you to participate in our research opportunities that are relevant to you. We will, however, delete some types of data after a much shorter time. For example, if you participate in any qualitative research projects, we will delete any video footage as soon as it is no longer needed by our researchers to complete the project.
How and why we use your personal data
In this section we explain how and why we use your personal data, and the choices you have over how your data is used
Our use of personal data for basic market research
We use the data that you share with us, or that we receive from the other sources mentioned above, to give you the best experience possible, and to provide useful research for our clients. The uses we describe below form the basic agreement we have with our members.
For each of these uses, we process your personal data on the grounds that our processing is necessary for legitimate interests we pursue as a business, namely that our business relies entirely on the ability to use your personal data to produce research and insight for our clients. However, we rely on your consent for –
- Using sensitive personal data (as described above);
- Sharing personal data with our clients or partners; and
- Collecting specific types of data from you (and we would always make clear at the time we ask for consent which data are involved and the purposes those data would be used for).
| Register, authenticate and administer your account |
When you register with YouGov, we will use your email address and a pin code to create your account and authenticate your identity each time you log on, and your account details to help us to answer your questions when you contact us. |
| Select and invite you to participate in research activities |
We’ll use the information you provide when you join YouGov and when you complete research opportunities, such as your postcode and demographic data, to invite you to participate in further research opportunities we think you’ll be interested in. |
| Credit you with the points and rewards that you may be eligible for related to your participation in research opportunities |
We will use your contact details to tell you if you have won a prize draw, and your bank account or other payment details to pay you if you convert points awarded into money. |
| Produce anonymised but non-aggregated respondent-level data for clients |
We may provide our clients with spreadsheets that contain data that you have given us in a non-aggregated form. While these data sets are not aggregated, they do not reveal your identity and recipients are contractually bound to not attempt to re-identify the individuals who provided the answers. |
| Create and publish interesting articles and other public content |
We use research data to write interesting articles that may be published on our website, or included in news articles on third-party websites. We believe that our data can be used for the greater good, and so we may publicly publish data sets that can be used by the wider research community. These data sets will never reveal your identity. |
| Develop and improve our services |
We use research data to improve our research tools and methods, which helps us ensure that we are giving you and our clients the best possible experience. |
| Respond to you when you exercise any of your rights relating to the data we hold about you (more information about the rights you have over your data is set out below) |
We will use your account information and internal identifiers to identify the data that is relevant to your request and respond to you. |
| Detect and prevent fraudulent activity |
We use your IP address and other device and browser metadata to identify behavior that may be contrary to our Terms and Conditions, and we sometimes repeat questions during surveys to check for inattention or other indicators of poor-quality responses. |
| Perform sanctions checks |
We will securely share certain personal data with third parties that perform sanctions checks (searches of government or international body sanctions lists) to reduce the risk of money laundering, terrorist financing, corruption, and other financial crime arising from our activities. |
If you don’t want us to make use of your personal data in any of the ways described above, sharing your data with YouGov and using our services is not for you – you should unsubscribe here, or contact us and ask us to do that for you. We need to use your data in these basic ways to be able to give your opinions meaning in the world, and to conduct the research that allows us to exist as a business.
Our use of personal data for advanced research and modelling
In addition to the uses we describe above, provided you choose to participate in this way, we may also share your data, such as survey responses, with trusted partner organisations. By matching personal details (for example your name, email address and postcode or a unique identifier) or online identifiers (such as cookie IDs), our partners can use your data to:
- Create and improve products and services, such as consumer segmentations, to help other organisations better understand the likely characteristics of their customers; and
- Create audiences for advertisers to target with more relevant communications and proposition. The advertising audiences are created by finding people in the population who have similar characteristics to you, via a process called lookalike modelling. We do not permit these partners to include the data they receive from us in the modelled audience, so you could only be included in an audience modelled from YouGov data if these partners already hold information about you.
You can find a list of the partners we work with in the Permissions page of your YouGov Account, and we will only share your data with these partners if you have given us your consent, which we may ask for in a survey.
Even if you consent to us sharing your data in this way, you can change your mind at any time by clicking ‘Edit Settings’ under the ‘Uses of your data’ section on the Permission page in your YouGov Account. You have control over which partners we share your data with, and how they are able to use your data. Don’t forget to click ‘Save changes’ when you are done so that your choices are saved.
YouGov complies with the Interactive Advertising Bureau’s (IAB) Transparency and Consent Framework 2.0 (TCF), both as a Vendor and as a Consent Management Platform.
Our use of personal data to show you targeted advertising
We think that online advertising could be much better. When you are a member of YouGov you’ll notice that some of our services will ask for your consent to show you personalised ads while you interact with us (for example, in our surveys or apps).
If you agree, these ads will be personalised based on the profiling data you decide to share with us, and you will be able to withdraw your consent at any time. Because the advertising happens within the YouGov system (meaning you will only see the ads on YouGov’s sites), the data we use to tailor these adverts is never transferred to any third-party advertisers without additional permission from you.
Who we may share your personal data with
In order to use your personal data in the ways described above, we may share it within YouGov, with trusted third parties who provide services to us, and on rare occasions with clients (but only if you have specifically agreed to that). Here is some more information about the types of organisation and what we may share with them:
| YouGov Group companies |
YouGov is a global organisation. This means that some of the personal data that we collect may be transferred to companies in the YouGov group that are in different countries. For example, when a client wants to carry out research in multiple countries, or our global data teams analyse data from across the world. |
| Our clients |
While our business is built on providing clients with anonymised research insights, on occasion, our clients may ask to combine your research data with their own data to obtain even greater insights or to improve their products or services. In such cases you will be asked if you are willing to provide certain identifying data (such as your email address or a social media handle) to our clients to enable this. Whether you share this data or not is completely up to you. |
| Our service providers |
We work with trusted service providers that carry out certain functions on our behalf so we can provide our services to you.
These organisations process data on our behalf. They only have access to the personal data that they absolutely need to provide the specific service to us, and in all cases we have contractual safeguards in place to ensure that they do not disclose or use it for any other purposes. In some cases, these organisations (for example our payment processors) may need to process your personal data for their own specific purposes, for example to ensure they are compliant with regulations or laws governing their own sectors.
Our service providers fall within the following categories:
- Acquisition technology (helps us to attract people to join YouGov)
- Providers of cash payments, gift cards and other incentives (make it possible to pay or reward people at the appropriate time)
- Data collection technology (enables us to securely collect data submitted by research participants and others)
- Research technology (allows us to provide interesting and engaging research opportunities)
- Cloud & physical data storage (data storage, which is managed by YouGov Services Limited)
- Data matching partners (that match our data to third-party data on our behalf)
- Web application firewall (protects web applications by filtering and monitoring HTTP traffic between a web application and the Internet)
- Communications platforms and technologies (enables us to communicate with our research participants and others)
- Online advertising (helps us to attract people to join YouGov)
- Sanctions checks (reduces the risk of money laundering, terrorist financing, corruption, and other financial crime arising from our activities)
|
| Our segmentation partners |
Our segmentation partners create and sell consumer classifications that help companies understand the demographics, lifestyles, preferences and behaviours of consumers. This information is valuable to our clients, and if requested we will add this data to the insights we provide to them.
To do this, we share certain personal data, such as your name, email address and postcode, so that our partners can match it against their own data and tell us which of their segments you belong to. As with our other service providers, we only share the personal data that our segmentation partners need to match our data to theirs, and we have contractual safeguards in place to ensure that they do not disclose or use the data for any other purposes.
Our segmentation partners include:
CACI (from whom we receive Acorn and Fresco codes) |
| Our acquisition partners |
If you decide to register with an organisation to receive opportunities from companies like YouGov, that organisation will pass your name and contact information to us so we can contact you about joining YouGov. We will pass back ‘referral IDs’ to these partners to track and improve their effectiveness and to enable us pay them based on how many of their leads join YouGov. |
| Other companies that sell data |
These circumstances are unusual, but we may share personal data with other organisations if:
- we have to share your information to comply with legal or regulatory requirements (or we reasonably believe that we need to disclose your information for such purposes);
- we need to share personal data in order to establish, exercise or defend our legal rights, including with our legal and other professional advisors;
- we restructure our business or if we buy or sell any business or assets we may share your data with the prospective buyer or seller;
all or substantially all of our company assets are acquired by another party, your data will be one of the transferred assets |
Transferring personal data outside the EEA
If you are based in the European Economic Area (“EEA”), or Switzerland, we take all steps possible to ensure that your personal data remains within those areas. However, in some cases we need to share data with other YouGov group companies or third parties that are in countries outside those areas. These countries may not have similar data protection laws and so they may not protect the use of your personal information to the same extent.
In these cases we put in place appropriate safeguards to make sure your personal data remains adequately protected. Specifically, we make use of one of the following:
- Standard contractual clauses: we use standard contractual clauses for the transfer of personal data to organisations outside the EEA. These contractual commitments have been adopted by the European Commission and ensure adequate protection for personal data transferred to countries outside the EEA by binding recipients of personal data to certain data protection standards including obliging them to apply appropriate technical and security measures. We use standard contractual clauses when we transfer data to other YouGov Group companies and for transfers to recipients that are not located in a country covered by an adequacy decision (see below).
- Adequacy decisions: where the European Commission, or other relevant competent authority, has determined that a country outside the EEA or Switzerland offers an adequate level of data protection, personal data may be sent to that third country without implementing any other safeguards mentioned above. YouGov may rely on adequacy decisions when transferring data to companies based in countries where such assurances have been given.
How we store and protect your personal data
We know how important it is to protect your personal data while we have it. This section describes some of the measures we take to ensure that it is kept secure
We do everything we can to protect your personal data from loss or misuse, and from unauthorised access, disclosure, alteration and destruction. This section describes some of the measures we take to ensure that your personal data is secure:
- We use data centres that have a high level of physical security measures to host and protect your data and our systems;
- We conduct independent penetration tests on an annual basis and are continuously scanning our systems and applications for vulnerabilities in our systems; if you ever think that you have found a security issue or vulnerability in one of our systems please let us know at security@yougov.com;
- We use encryption to secure your personal data whilst it is in transit using TLS and in storage using AES256 encryption;
- We allow access to attributable data (by which we mean data that directly identifies you) only to those YouGov employees and contractors who need it to carry out their job responsibilities, for example our support team to allow them to respond to you when you contact us;
- We make security the responsibility of all our employees and contractors and we train our staff to identify security risks and protect your data.
Our website may from time to time contain links to and from other websites. If you follow a link to any of those websites, please note that those websites ought to have their own privacy notices and that we do not accept any responsibility or liability for those websites. Please check those privacy notices before you submit your information to those websites.
Emails and notifications
This section explains the choices you have when it comes to emails and notifications we may send to you
We may contact you by email, SMS and/or web and push notifications to –
- Invite you to take part in research opportunities: if you register with YouGov, it is integral to your participation that we are able to send you emails and notifications inviting you to participate in research projects, which could be conducted online via survey, by downloading a mobile app, or in person.
- Tell you when your opinions have made the news: we use the information you give us when you take part in our research to write interesting articles that may be published on our website or included in news articles on third-party website, and we may email you to let you know when your opinions have featured in these articles.
- Encourage you to refer your friends and family to join YouGov: we’ll send you a unique link that you can pass on to friends and family.
For all the emails and notifications mentioned above, we rely on our legitimate interest in running our research operation – and ensuring that members are adequately informed about their account with us – as the legal grounds for this processing.
Cookies and similar technologies
We use “cookies” to improve your experience as you use our website and mobile apps. This section tells you about the cookies that we use, what they do and your choices when it comes to cookies
Survey cookies
We use a first-party cookie called ‘pmx-tk’ to ensure that our survey system operates properly and allows us to provide a smooth survey experience for respondents. For example, if there is an interruption this cookie allows participants to resume a survey and to not be asked the same question twice. Because this cookie is vital for the operation of our survey system, we consider it to be ‘strictly necessary’ and therefore we will not ask for you consent before we use it.
Partner cookies
These cookies allow our partners to combine your data, such as your survey responses, with their own data using common online identifiers. Our partners use this data to create and improve their products and services, and to create audiences for advertisers to target with more relevant communications and propositions.
You can find more information, including how you can opt-out of this activity, in the ‘Uses of personal data for advanced research and modelling’ section of this privacy notice.
Your choices when it comes to cookies
Managing cookies via your preferences
When you accessed this website you were presented with an alert that offered you a choice about whether to accept or reject cookies, with the exception of strictly necessary cookies (which are outlined above).
If we’ve asked for your consent in a survey to use Partner cookies, you can change your consent setting by accessing the Permissions section of your Account page.
Managing cookies on your device
You can also choose how web browser cookies are handled by your device via your browser settings. If you choose not to receive cookies at any time, websites may not function properly and certain services will not be provided. Each browser and device is different, so use the following links to find information on how to manage cookie settings on certain browsers via the following links:
This section explains the rights that you have in relation to the personal data that we hold about you
Depending on the applicable data protection laws, you may have certain rights in relation to the personal data that we hold about you, which are designed to give you more choice and control over your personal data. These rights are explained below, and we will not discriminate against you for exercising any of these rights. If you choose to exercise a right, we will not remove you from our surveys or panels (unless your specifically request to be removed), impose a penalty or provide you, or suggest that you may receive, a different level or quality of services.
| The right to request access to personal data (or, the “Right to Know”) |
You can request a copy of the data that we hold about you and related information, and to receive this data in a structured and machine-readable format (data portability). |
| The right to request rectification of personal data |
You can ask us to correct any inaccurate data about you and to complete any incomplete data that we hold about you |
| The right to request erasure of personal data |
You can request that we delete the personal data we hold about you |
Exercising your rights
You can exercise any of these rights by using the contact details below. Once you have submitted your request we may contact you to request further information to authenticate your identity (because we want to make sure it is actually you requesting your data) or to help us to respond to your request. Except in rare cases, we will respond to you within 1 month of receiving this information or, where no such information is required, after we have received full details of your request. As noted above, while some rights apply generally, some are only available in certain circumstances, so if we feel that any right is not available to you we will let you know along with the reason for our decision.
Email: your.rights@yougov.com
Mail: The Data Protection Officer
YouGov Plc
50 Featherstone Street
London
EC1Y 8RT
United Kingdom
Lodging a complaint with a regulator
You have the right to lodge a complaint with a data protection regulator where your legal rights have been infringed, or where your data has or is being used in a way that you believe does not comply with data protection regulations. The contact details for the regulator in Australia, the Office of the Australian Information Commissioner (“OAIC”), are available on its website, which also contains details on how to make a complaint. However, we encourage you to contact us before making any complaint and we will seek to resolve any issues or concerns you may have.
How to contact us
If you have questions about this notice, or about how we collect, store and use personal data, you can contact us at dataprotection@yougov.com.
If you have any questions, concerns or feedback of a more general nature, please contact us at https://yougov.zendesk.com/hc/en-au/requests/new.
Updates to this notice
This notice was last updated on the date that appears at the beginning of the notice. While we reserve the right to change this notice at any time, if any material changes are made we will let you know via email or any other appropriate means to give you the opportunity to review the changes before they become effective.
If you object to any future changes, you may unsubscribe by going to your Account page and clicking ‘unsubscribe’, or request deletion of your account by emailing your.rights@yougov.com.
Terms & Conditions
As a member of LiveTribe not only will you have the opportunity to provide your perspective on a wide variety of topics but you will also have the chance to be rewarded for your comments. LiveTribe is offering you, the consumer, lots of great rewards and prizes that can be won from the giving of your opinion, not to mention the personal satisfaction that you get from knowing that you have made a difference to what’s seen on the shelves and how companies sell their products. Whilst being a LiveTribe member is fun and rewarding there are also some terms and conditions that you need to be aware of. These are shown below.
A. General Terms & Conditions of Membership
- 1. Members may never use more than one email address or sign-up for more than one membership.
- 2. Members may not provide their account username and password to other persons.
- 3. Members must always provide details that are truthful and accurate and must never intentionally provide misleading or false information.
- 4. Members must always act in good faith and be truthful when participating in research activities directed through LiveTribe. Members agree to take a considered approach to their activity for the benefit of research at all times.
- 5. Members must update their records within reasonable time when requested. LiveTribe may on occasion issue email reminders to this effect.
- 6. Members understand that if they are inactive for a period of 12 months all LiveTribe points will be deleted from our system.
- 7. As a member you agree that all information and content that you read or see is private and confidential and cannot be shared or distributed with anyone else.
- 8. Members must abide by all the terms listed as a condition of your membership. LiveTribe reserves the right to suspend any members who we see fit to have violated these terms. All points a LiveTribe member has earned during their membership, and any pending rewards will become invalid upon suspension.
- 9. We reserve the right, at our sole discretion, to change, modify or otherwise alter these terms and conditions at any time.
B. Reward Terms & Conditions
- 1 LiveTribe reward points (Points) are incentives offered to registered LiveTribe members for their participation in activities with the LiveTribe Research Panel.
- 2 Points are redeemable for cash or prizes as outlined in these Terms & Conditions and on the Rewards pages of the LiveTribe website. The types and values of the cash prizes and vouchers available for redemption are subject to change without notice.
- 3 The equivalent dollar value of LiveTribe Reward Points are variable depending on the reward being redeemed and is subject to change without notice. The current points you earn by length of survey are listed below.
- 4 LiveTribe Reward Points are valid for 12 months from a member’s last login. Points not used within this period will be considered expired and will be deleted from the member’s account. Points which have expired cannot be redeemed.
- 5 LiveTribe Reward Points are non-transferable and hold no currency outside of the LiveTribe website.
- 6 Redeeming Rewards
- 6.1 The majority of vouchers and rewards redeemable on LiveTribe are delivered electronically via email. Vouchers can only be issued in the name of the member who redeemed the voucher, based on the information on the member’s LiveTribe account at the time the redemption is processed. Vouchers and rewards cannot be issued to a different person, however it is possible to send them to a different email address if we are notified before a voucher has been processed (usually within 48 hours of the redemption order being made).
- 6.2 We are unable to change redemption orders once they have been processed. If you have made a mistake or changed your mind about a redemption and contact us before it has been processed through our system (usually within 48 hours of the redemption order being made), we will generally be able cancel your order. In the case that we are able to cancel an order for you, we will reinstate the points you had redeemed back to your account.
- 7 Choosing a Voucher or Reward Once a points redemption order has been processed, no changes or cancellations are possible. We therefore encourage members to research the retailers they are planning to use their redeemed rewards with to ensure that the vouchers they choose are suitable for their needs. LiveTribe does not have any control over the conditions and restrictions placed on vouchers, gift cards or cash prizes by the retailers or entities that have issued them, and therefore takes no responsibility for any circumstances where a member is unable to use a voucher or cash prize due to conditions or restrictions imposed by the issuer. Some of the restrictions on the rewards offered by LiveTribe include, but are not limited to, the following:
- 7.1 Retailers and issuing entities impose different expiry periods for their vouchers, gift cards and credits. Vouchers, gift cards and credits not used before their expiry are forfeited and no replacements will be issued by LiveTribe under any circumstances.
- 7.2 Eftpos Gift Cards
- 7.2.1 Eftpos gift cards are issued and dispatched on the LiveTribe Research Panel’s behalf by Rewards Come True
- 7.2.2 The method for delivery is at Rewards Come True’s discretion and is generally via Australia Post regular post. LiveTribe will not authorise the use of any alternate delivery methods requested by a member unless the member is willing to have the delivery cost deducted from the value of their card.
- 7.2.3 LiveTribe accepts no responsibility for delays or losses caused by the postal delivery service. If a member does not receive their gift card within the given delivery period and notifies us within 8 weeks of the redemption being made, we will make all reasonable efforts to liaise with Rewards Come True to arrange for a replacement card to be issued, provided the original card has not been activated and used. Issuing of a replacement card incurs an AU$10 processing fee which will be deducted from the value of the replacement card.
- 7.2.4 Eftpos gift cards must be activated within 3 (three) months of being received. Instructions for activation are outlined in the letter which accompanies the card. Cards not activated within the given period are forfeited and no replacements will be issued under any circumstances.
- 7.2.5 Eftpos gift cards not used within their given expiry period are forfeited and no replacements will be issued under any circumstances.
- 7.3 Eftpos Gift Cards
- 7.3.1 As of April 5th, 2018, PayPal charge an administrative fee of $5.99 for payments made to non-Australian accounts. LiveTribe will not be responsible for the $5.99 transaction fee. The $5.99 will be deducted from the $50 redemption so that we will deposit $44.01 into your PayPal account.
- 8.Delivery
- 8.1 Delivery of vouchers may take up to 8 weeks
C. General Terms & Conditions of Promotions
- 1 Unless expressly stated within these Terms & Conditions, any expenses incurred in participating in any of the LiveTribe Research Panel’s promotions are the responsibility of the Registered Entrants.
- 2 All prizes are valued in Australian Dollars.
- 3 Cash prizes may be awarded in the form of a cheque OR awarded through the online PayPal system to the winner’s personal PayPal account, with the choice of payment method at the discretion of the Promoter.
- 4 The Promoter’s decisions are final and no correspondence will be entered into.
- 5 If any of the Promoter’s promotions are interfered with in any way or are not capable of being conducted as reasonably anticipated due to any reason beyond the reasonable control of the Promoter, the Promoter reserves the right, in its sole discretion, to the fullest extent permitted by law:
- 5.1 to disqualify any entrant; or
- 5.2 subject to any written directions from a regulatory authority, to modify, suspend, terminate or cancel the Promotion, as appropriate
- 6 Any costs associated with accessing the LiveTribe website is the Eligible Entrant’s responsibility and is dependent on the Internet service provider used
- 7 Any contact details entered incorrectly on the website shall be deemed invalid.
- 8 The use of any automated entry software or any other mechanical or electronic means that allows an entrant to automatically enter repeatedly is prohibited and will render all entries submitted by that entrant invalid.
- 9 Except for any liability that cannot be excluded by law, the Promoter (including its officers, employees and agents) excludes all liability (including negligence), for any personal injury; or any loss or damage (including loss of opportunity); whether direct, indirect, special or consequential, arising in any way out of the Promotions, including, but not limited to, where arising out of the following:
- 9.1 any technical difficulties or equipment malfunction (whether or not under the Promoter’s control);
- 9.2 any theft, unauthorised access or third party interference;
- 9.3 any entry or Prize claim that is late, lost, altered, damaged or misdirected (whether or not after their receipt by the Promoter) due to any reason beyond the reasonable control of the Promoter;
- 9.4 any variation in Prize value to that stated in these Terms and Conditions;
- 9.5 any tax liability incurred by a winner or entrant; or
- 9.6 a Prize.
- 10 The Promoter collects personal information in order to conduct the Promotions and may, for this purpose, disclose such information to third parties, including, but not limited to, Prize suppliers and as required, to Australian regulatory authorities. Entry is conditional on providing this information. The Promoter may, for an indefinite period unless otherwise advised, use the information for promotional, marketing and publicity purposes including sending electronic messages or telephoning the entrant. Entrants should direct any request to access, update or correct information to the Promoter. All entries become the property of the Promoter.
- 11 Eligible Entrants consent to the Promoter using the Eligible Entrant’s name, likeness, image and/or voice in the event they are a winner (including photograph, film and/or recording of the same) in any media for an unlimited period of time without remuneration for the purpose of promoting the Promotions (including any outcome), and promoting any products manufactured, distributed and/or supplied by the Promoter.
- 12 The Promoter reserves the right to request the Participant to provide proof of identity prior to receiving the prize. Identification considered suitable for verification is at the discretion of the Promoter.
- 13 The laws of Australia apply to this Promotion to the exclusion of any other law. Entrants submit to the exclusive jurisdiction of the courts of Australia.
- 14 Each Eligible Entrant hereby warrants and confirms that his/her participation in these Promotions is not illegal or prohibited according to the laws of his/her country and any other applicable laws, and that he/she has obtained all necessary approvals and consents to enable him/her to participate in the Promotions. If an Eligible Entrant’s participation in the Promotions would contravene the applicable laws in his/her country of residence, he/she is not permitted to participate in the Promotions and his/her entry will be deemed invalid.
- 15 Unless expressly stated within these Terms & Conditions, Promotions on the LiveTribe Research Panel are open to residents of Australia and New Zealand only.
- 16 All Promotions on the LiveTribe Research Panel are run by i-Link Research Solutions Pty Ltd (“the Promoter”) (A.C.N 111 433 535) on behalf of the Qualified Opinions Unit Trust of Suite 606, 267 Castlereagh Street Sydney, NSW 2000, phone: + 61 2 9262 7171
- 17 The Promoter reserves the right, at any time, to verify the validity of entries and entrants (including an entrant’s identity, age and place of residence) and to disqualify any entrant who submits an entry that is not in accordance with these Terms and Conditions or who tampers with the entry process. Failure by the Promoter to enforce any of its rights at any stage does not constitute a waiver of those rights.
D. LiveTribe Research Panel AUD $5,000 Cash Promotion Terms & Conditions
-
- 1 Information on how to enter and prizes form part of these Terms & Conditions. Participation in LiveTribe’s $5,000 Cash Giveaway (“the Promotion”) is deemed acceptance of these Terms & Conditions.
- 2 Entry to the Promotion is open to members of the LiveTribe Research Panel (“Eligible Entrants”). Eligible Entrants must meet the required criteria for registration with the LiveTribe Research Panel, be registered with the LiveTribe Research Panel at www.livetribe.com (“the LiveTribe website”), and have provided their email address and fully completed the registration pages, including their personal information and demographic details as prompted.
- 3 Where a member is under the age of 18 years on the day of the draw, then the prize will be awarded to a parent or guardian on that minor’s behalf.
- 4 The employees of the Promoter, agencies of the Promoter associated with the Promotion, and their immediate family members are ineligible for entry into the Promotion.
- 5 How to Enter
- 5.1 Eligible Entrants will receive between 1 and 100 entries into the Promotion when they:
- 5.1.1 Register as a new member of the LiveTribe Research Panel within the period that the Promotion is open and must be a resident of Australia and New Zealand.
- 5.1.2 Participate in a survey activity with the LiveTribe Research Panel within the period that the Promotion is open. Each survey will equal at least 1 (one) entry.
- 5.1.3 Fully complete the “Refer a Friend” form on the members area of the LiveTribe website to invite a friend or colleague to join the LiveTribe Research Panel. An email will be automatically forwarded to the referred friend inviting them to join and if they do so, the Eligible Entrant referring them will receive 1 (one) entry into the Promotion. The operation of the referring mechanic is subject to the Spam Act 2003 and in accordance with the Spam Act 2003 entrants must have the express consent of a referred friend before referring them. The number of entries given will be stated clearly on the Refer a Friend section of the LiveTribe website and members area.
- 5.1.4 Complete all profile questionnaires in the members area of the LiveTribe website. The number of entries given will be stated clearly on My Profile section of the members area on www.livetribe.com
- 5.1.5 Suggest a poll which is subsequently accepted and published on the LiveTribe website and members area. Each poll published will equal at least 1 (one) entry.
- 5.2 The Promoter reserves the right, at any time, to verify the validity of entries and entrants (including an entrant’s identity, age and place of residence) and to disqualify any entrant who submits an entry that is not in accordance with these Terms and Conditions or who tampers with the entry process. Failure by the Promoter to enforce any of its rights at any stage does not constitute a waiver of those rights.
- 6 Promotion Prizes and Draw Details
- 6.1 The Promotion commences on 17 September 2021 10am AEST and closes on 17 December 2021 at 10am AEDST.
- 6.2 The total value of the prize pool for the Promotion is a maximum of AUD $5,000.
- 6.3 The Promoter will draw 5 (five) winners, each of whom shall receive a prize of AUD $1,000.
- 6.4 The winners will be determined by random draw using a random number generator in Microsoft Excel.
- 6.5 The prize draws will take place at i-Link Research Solutions Pty Ltd, Suite 606, 267 Castlereagh Street, Sydney NSW 2000 AUSTRALIA, and will be announced and published on the following dates and times:
| Draw |
Entries Close |
Number Drawn |
Draw Date and Time |
Announce |
Publish |
| 17 December 2021 |
17/12/21 10AM AEDST |
5 |
17/12/21 12PM AEDST |
20/12/21 |
20/12/21 |
-
- 6.6Winners will be notified in writing by email or by telephone within 48 hours of the winners being drawn.
- 6.7 The names of the winners will be published on the LiveTribe website within 7 (seven) days of the draw.
- 6.8 The winners of the Promotion will receive promotional goods, services or cash to the maximum value of $1,000 each. Prizes will be delivered by mail or electronically within 6 (six) weeks of the draw.
- 7 Unclaimed Prizes
- 7.1 In the event that any original Participant drawn has not come forward to claim his/her prize by 17/03/2022 (no less than 3 months) for Australian and New Zealand winners, from the Announcement date; the Promoter may conduct a further draw on 18/03/2022 at 10am AEDST at the same place as the original draw, to distribute any unclaimed prizes, subject however to any regulatory authority. The redrawn winner will be notified in writing and the results will be published on the LiveTribe website.
- 7.2 The winner or winners will be notified in writing by email or by telephone within 48 hours of the second draw. The results of the second draw will be published on the LiveTribe website within 7 (seven) days of the draw.
- 7.3 After the draw, the 5 Winners will receive promotional goods, services or cash to the maximum value of AUD $1,000 each. The total prize pool is AUD $5,000.
- 8 Permit Numbers
- 8.1 Approved under permit numbers: ACT TP 21_01519
- 8.2 No permit required in New Zealand.
E. LiveTribe Monthly Member Competition Terms & Conditions
-
- 1 Information on how to enter and prizes form part of these Terms & Conditions. Participation in LiveTribe’s Monthly Member Competition (“the Promotion”) is deemed acceptance of these Terms & Conditions
- 2 Entry to the Promotion is open to members of the LiveTribe Research Panel (“Eligible Entrants”).
- 2.1 Eligible Entrants must meet the required criteria for registration with the LiveTribe Research Panel, be registered with the LiveTribe Research Panel at www.livetribe.com (“the LiveTribe website”), and have provided their email address and fully completed the registration pages, including their personal information and demographic details as prompted.
- 2.2 The employees of the Promoter, agencies of the Promoter associated with the Promotion, and their immediate family members are ineligible for entry into the Promotion.
- 3 How to Enter
- 3.1 The Promoter will publish a question (“the Monthly Member Competition Question”) on the Monthly Competition page in the members area of the LiveTribe website by the fifth working day of each month
- 3.2 Eligible Entrants will receive 1 (one) entry into the Promotion when they:
- 3.2.1 Submit a correct answer to the Monthly Member Competition Question through the entry form on the Monthly Competition page in the members area of the LiveTribe website, and;
- 3.2.2 Fully complete all required fields on the entry form including first name, last name and email address.
- 3.3 Eligible Entrants are only permitted to submit 1 (one) entry to the Promotion each month.
- 3.4 The Promoter reserves the right, at any time, to verify the validity of entries and entrants (including an entrant’s identity, age and place of residence) and to disqualify any entrant who submits an entry that is not in accordance with these Terms and Conditions or who tampers with the entry process. Failure by the Promoter to enforce any of its rights at any stage does not constitute a waiver of those rights.
- 4 The Monthly Member Competition Question will, to the best of the Promoter’s knowledge, have only one acceptable correct answer, which will be determined before the Monthly Member Competition Question is published on the LiveTribe website. The acceptance or denial of entries based on their variance from the acceptable correct answer will be at the sole discretion of the Promoter.
- 5 Promotion Prizes and Draw Details
- 5.1 The Promotion commences on 1 June 2021 at 12pm AEST and closes on 31 May 2022 at 3pm AEST.
- 5.2 The total value of the prize pool for the Promotion is a maximum of AUD $4,800.
- 5.3 The Promoter will draw 4 (four) winners each month that the Promotion is open, each of whom shall receive a prize of AUD $100
- 5.4 The winners will be determined by random draw using a random number generator in Microsoft Excel.
- 5.5 The prize draws will take place at i-Link Research Solutions Pty Ltd, Suite 606, 267 Castlereagh Street, Sydney NSW 2000 AUSTRALIA, and will be published on the following dates and times:
-
|
Draw Name
|
Entries Close
|
Number of Winners Drawn
|
Draw Date & Time
|
Announce
|
|
June 2021
|
30/06/2021 3pm AEST
|
4
|
1/07/2021 4pm AEST
|
1/07/2021
|
|
July 2021
|
31/07/202 13pm AEST
|
4
|
2/08/2021 4pm AEST
|
2/08/2021
|
|
August 2021
|
31/08/2021 3pm AEST
|
4
|
1/09/2021 4pm AEST
|
1/09/2021
|
|
September 2021
|
30/09/2021 3pm AEDST
|
4
|
1/10/2021 4pm AEDST
|
1/10/2021
|
|
October 2021
|
31/10/2021 3pm AEDST
|
4
|
1/11/2021 4pm AEDST
|
1/11/2021
|
|
November 2021
|
30/11/2021 3pm AEDST
|
4
|
1/12/2021 4pm AEDST
|
1/12/2021
|
|
December 2021
|
31/12/2021 3pm AEDST
|
4
|
03/01/2022 4pm AEDST
|
03/01/2022
|
|
January 2022
|
31/01/2022 3pm AEDST
|
4
|
01/02/2022 4pm AEDST
|
01/02/2022
|
|
February 2022
|
28/02/2022 3pm AEDST
|
4
|
01/03/2022 4pm AEDST
|
01/03/2022
|
|
March 2022
|
31/03/2022 3pm AEST
|
4
|
01/04/2022 4pm AEST
|
01/04/2022
|
|
April 2022
|
30/04/2022 3pm AEST
|
4
|
02/05/2022 4pm AEST
|
02/05/2022
|
|
May 2022
|
31/05/2022 3pm AEST
|
4
|
01/06/2022 4pm AEST
|
01/06/2022
|
5.6 Winners will be notified in writing via email within 48 hours of the winners being drawn.
-
-
- 5.7 The names of the winners will be published on the LiveTribe website within 7 (seven) days of the draw.
- 5.8 The winners of the Promotion will receive promotional goods, services or cash to the maximum value of $100 each. Prizes will be delivered by mail or electronically within 6 (six) weeks of the draw
- 6 Unclaimed Prizes
- 6.1 In the event that any original winner drawn has not come forward to claim his or her prize within 3 months of the date he or she is notified of winning, the Promoter will conduct a second draw at the same place as the original draw to distribute any unclaimed prizes, subject however to any regulatory authority.
-
-
- 6.2 The winner or winners will be notified in writing by email within 48 hours of the second draw. The results of the second draw will be published on the LiveTribe website within 7 (seven) days of that draw
- 7 Permit Numbers
- 7.1 Permits are no longer required in NSW or ACT
- 7.2 No permit required in New Zealand.
F. LiveTribe Online Game Giveaway Terms & Conditions
-
-
- 1 Information on how to enter and prizes form part of these Terms & Conditions. Participation in LiveTribe’s Online Game Giveaway (“the Promotion”) is deemed acceptance of these Terms & Conditions.
- 2 Entry to the Promotion is open to members of the LiveTribe Research Panel (“Eligible Entrants”).
- 2.1 Eligible Entrants must meet the required criteria for registration with the LiveTribe Research Panel, be registered with the LiveTribe Research Panel at www.livetribe.com (“the LiveTribe website”), and have provided their email address and fully completed the registration pages, including their personal information and demographic details as prompted.
- 2.2 The employees of the Promoter, agencies of the Promoter associated with the Promotion, and their immediate family members are ineligible for entry into the Promotion.
- 3 How to Enter
- 3.1 Each month the Promoter will make an online game available to be played in the members area of the LiveTribe website
- 3.2 Eligible Entrants will receive 1 (one) entry into the Promotion when they:
- 3.2.1 Play the online game and achieve a score which is in the top 50 (fifty) highest scores achieved by all Eligible Entrants who played the game in that month
- 3.3 Eligible Entrants may play the game an unlimited number of times during the Promotion, however only the single highest score they achieve in any given month will be considered for entry into the promotion, and they will only be eligible for entry into the draw if their single highest score is one of the top 50 highest scores attained by all game players during the month in which the promotion is open
- 3.4 The Promoter reserves the right, at any time, to verify the validity of entries and entrants and to disqualify any entrant who submits an entry that is not in accordance with these Terms and Conditions or who tampers with the entry process. Failure by the Promoter to enforce any of its rights at any stage does not constitute a waiver of those rights
- 4 Promotion Prizes and Draw Details
- 4.1 The Promotion commences on 02 August 2021 at 9am AEST and closes on 01 June 2022 at 11.30pm AEST.
- 4.2 The total value of the prize pool for the Promotion is a maximum of AUD $3,000.
- 4.3 The Promoter will draw 5 (five) winners each month that the Promotion is open, each of whom shall receive a prize of AUD $50.
- 4.4 The winners will be determined by random draw using a random number generator in Microsoft Excel
- 4.5 The prize draws will take place at i-Link Research Solutions Pty Ltd, Suite 606, 267 Castlereagh Street, Sydney NSW 2000 AUSTRALIA, and will be published on the following dates and times:
|
Draw Name
|
Entries Close
|
Number of Winners Drawn
|
Draw Date & Time
|
Announce
|
|
September 2021
|
31/08/2021 2pm AEST
|
5
|
01/09/2021 10am AEST
|
1/09/2021
|
|
October 2021
|
30/09/2021 2pm AEST
|
5
|
01/10/2021 10am AEST
|
01/10/2021
|
|
November 2021
|
31/10/2021 3pm AEST
|
5
|
01/11/2021 10am AEST
|
01/11/2021
|
|
December 2021
|
31/11/2021 3pm AEDST
|
5
|
01/12/2021 10am AEDST
|
01/12/2021
|
|
January 2022
|
31/12/2021 3pm AEDST
|
5
|
03/01/2022 10am AEDST
|
03/01/2022
|
|
February 2022
|
31/01/2022 3pm AEDST
|
5
|
01/02/2022 10am AEDST
|
01/02/2022
|
|
March 2022
|
28/02/2022 3pm AEDST
|
5
|
01/03/2022 10am AEDST
|
01/03/2022
|
|
April 2022
|
31/03/2022 3pm AEDST
|
5
|
01/04/2022 10am AEDST
|
01/04/2022
|
|
May 2022
|
30/04/2022 3pm AEDST
|
5
|
02/05/2022 10am AEDST
|
02/05/2022
|
|
|
|
|
|
|
|
|
|
|
-
-
-
- 4.6 Winners will be notified in writing via email within 48 hours of the winners being drawn.
- 4.7 The names of the winners will be published on the LiveTribe website within 7 (seven) days of the draw
- 4.8 The winners of the Promotion will receive promotional goods, services or cash to the maximum value of $50 each. Prizes will be delivered by mail or electronically within 6 (six) weeks of the draw
-
-
- 6 Permit Numbers
- 6.1Permit is no longer required in NSW
- 6.2No permit required in New Zealand.
H. Noble Causes Terms & Conditions
-
-
- 1 Definitions
- 1.1 The following words and expressions shall have the meaning as defined below:
- 1.1.1‘Cause’ means a submitted organisation, event, or community which is requesting funding from LiveTribe.com. These will not be subject to voting.
- 1.1.2‘Noble Cause’ means a validated organisation, event, or community which is requesting funding from LiveTribe.com. These will be subject to voting.
- 2 Submission
- 2.1 The opening of submissions is subject to the discretion of LiveTribe.com. The opening of submissions will be announced on social media (Facebook, Twitter, Google +, Instagram) and on our website.
- 2.2 LiveTribe members may submit multiple causes.
- 2.3 All causes will be submitted via the LiveTribe.com website. No submissions are available by email, mail, telephone or any other method.
- 2.4 LiveTribe.com reserves the right to assess each cause. Which causes are to be classified as a ‘Noble Cause’ is at the discretion of LiveTribe.com
- 2.5 The closing of submissions is subject to the discretion of LiveTribe.com. The closing of submissions will be announced on social media (Facebook, Twitter, Google +, Instagram) and on our website.
- 3 Voting
- 3.1 The opening of voting is subject to the discretion of LiveTribe.com. The opening of voting will be announced on social media (Facebook, Twitter, Google +, Instagram) and on our website.
- 3.2 The closing of voting will occur at the discretion of LiveTribe.com. The closing of voting will be announced on social media (Facebook, Twitter, Google +, Instagram) and on our website.
- 3.3 Only one vote is allowed per LiveTribe.com member. Members may never use more than one email address or sign-up for more than one membership.
- 3.4 This will be cast via the LiveTribe.com website. No voting is available by email, mail, telephone or any other method.
- 3.5 Your voting information will be held for the duration of the competition. Personal information will be held by LiveTribe.com as per Member T&Cs.
- 3.6 LiveTribe.com reserves the right to disqualify votes if it has reasonable grounds to suspect that fraudulent, excessive or suspicious patterns of voting have occurred, or if it considers there has been any attempt to unfairly influence the voting. This may include for example, votes from spambots, programmes designed to specifically vote continuously for one project, or from devices where it is evident that cookies have intentionally been disabled or other attempts have been made to try to vote in a way that is not in line with these terms & conditions.
- 3.7 LiveTribe.com reserves the right to disqualify Causes if it has reasonable grounds to suspect that fraudulent, excessive or suspicious patterns of voting have occurred originating from the organisation, or if it considers there has been any attempt to unfairly influence voting, or promote, or not discourage fraudulent voting.
- 4 Final Decision
- 4.1LiveTribe.com reserves the right to have the final say in choosing the Noble Cause which is to receive funding. A decision will be made based on combination of member votes and feasibility investigations. The decision of LiveTribe.com shall be final.
- 4.2 The outcome of the vote or poll will be revealed to the Noble Cause representative by LiveTribe.com via phone within a week of the vote or poll having finished.
- 4.3 The amount of funding the winning Noble Cause will receive is at the discretion of LiveTribe.com
- 4.4 The outcome of the vote or poll will be revealed to the public by LiveTribe.com on social media (Facebook, Twitter, Google +, Instagram) and on our website within a week of the vote or poll having finished.
Privacy Policy
Last Updated: February 16th, 2021
The Privacy Policy outlines how i-Link Research Solutions Pty Ltd (“i-Link”) and LiveTribe handles your Personal Data in terms of our online member community (LiveTribe), our online surveys, our member reward programs, competitions, our websites and our proprietary online platforms.
i-Link manages and operates an online community of willing participants called LiveTribe. Members of the LiveTribe community have double-opted in to participate in online surveys and discussion groups. All personal information collected and stored for this community is housed in a separate location to i-Link Data.
This policy describes the types of Personal Data we collect, why we collect that Personal Data, the other parties with whom we may share it, and the measures we take to protect the security of the data. It also tells you about your rights and choices with respect to your Personal Data, and how you can contact us to update your contact information or ask questions about our privacy practices.
This Privacy Policy does not apply to the processing of your Personal Data in the context of surveys administered by third parties. In these situations, neither i-Link nor LiveTribe are the host of the survey and the survey platform, and the survey results or survey data are and will be controlled by the host of the survey. Please refer to the relevant host’s privacy policy to learn more about that host’s privacy practices.
1. Personal Data We Collect About You
We collect Personal Data in several ways described below. For the purpose of this Privacy Policy, “Personal Data” means any information relating to an identified or identifiable individual. Where applicable, we indicate whether and why you must provide us with your Personal Data, as well as the consequences of failing to do so. If you do not provide Personal Data when requested, you may not be able to benefit from i-Link or LiveTribe if that information is necessary to provide you with i-Link or LiveTribe or if we are legally required to collect it.
a. Personal Data Provided by You
- We ask you to provide certain Personal Data when you register for an account through our websites including your name, address, email address, phone number, date of birth, occupation (optional), education (optional), and gender. This information helps us to better target the projects we invite you to participate in.
- In addition, we collect Personal Data you provide when you participate in a survey or when you redeem points for vouchers (e.g. a PayPal email). This also includes a unique member identification number (session ID) we assign to you when you sign up for an account and the responses you provide in your profiling survey. Sensitive Personal Data includes but is not limited to data that indicates your health and medical conditions, sexual orientation or sexual life, political opinions/views, race/ethnic origin and religious practice. We will always allow a Participant to opt-out of providing this information.
- Sensitive information is always stored and reported in aggregate form. Where required by law, we will ask for your consent to the processing of your sensitive Personal Data or to the passing on of your personal data to a third party.
- From time to time, we may ask you to submit content that you upload or transmit to our survey platforms, such as photos and videos. We will always seek explicit consent from you prior to asking you to upload any such material. In the event you upload these files to a platform not managed by i-Link or by LiveTribe, please refer to the relevant host’s privacy policy to learn more about that host’s privacy practices.
- Apart from Participant Data, i-Link may also collect and store Client contact and company information to be used solely for the purpose of providing our service. Such information is stored on S3 Amazon Cloud servers located in undisclosed data centers in Sydney Australia. i-Link does not directly market products or services to any research Participant. i-Link may also disclose personal information in circumstances where we are authorised or required to do so by law, and in circumstances where we consider it appropriate to do so in order to ensure that laws are complied with.
- i-Link may send emails with the sole purpose of inviting someone to participate in a survey or discussion group on behalf of our Clients. Email lists will have been obtained from Clients for this purpose. Email invitations distributed by i-Link are only sent to Participants who have, to the best of our knowledge, given their consent to receive such emails. Every email sent by i-Link includes the ability to unsubscribe from receiving further emails. Unsubscribe data is provided back to our Clients for removal from their lists at the end of a project or in two weeks, whichever is first.
b. Location Data
- We collect your geo-location information based on the IP address from where you are completing one of our surveys. If you no longer wish to share your geo-location information with us, please change the privacy settings of your device. Where required by law, we obtain your explicit consent to share your location information with third parties.
c. Social Media Accounts
- If you access our platforms via 3rd party social media platforms, we may collect certain profile information stored in your social media account, such as name, gender and email address. Social Media platforms refer to Facebook, Instagram, Pinterest, Snapchat, Twitter.
d. Personal Data Obtained Via Cookies
- When you use i-Link or LiveTribe, we may collect certain information via cookies and similar technologies. Cookies are small files that store certain data on a device. Cookies create a unique ID that is associated with your browser. Session cookies expire when you close your browser, whereas persistent cookies remain on your device until deleted or once they reach a defined expiration date.
- The information we collect via cookies and similar technologies may include information about your device and its capabilities, including, the device type and operating system, time zone, browser type, referring/exiting pages, operating system, date/time stamp, click stream data (A clickstream is the recording of the parts of the screen a computer user clicks on while web browsing or using another software application), online advertising you have been exposed to, and unique identification numbers such as your device IP address.
- Information collected via digital fingerprinting may also be used for quality control, validation, and fraud detection and prevention purposes.
- When you use i-Link or LiveTribe to participate in surveys regarding specific ads and promotions that we are testing for our clients, you may see these ads or promotions in several places, including platforms not hosted by i-Link or LiveTribe. Once you have been exposed to the relevant ads and promotions (identified via cookie tracking technology) we will provide you with access to, or contact you to participate in a survey about these ads or promotions and may provide certain demographic data about you to the advertiser or the advertiser’s agent regarding the demographic profiles of individuals who have viewed the ad.
2. How We Use Your Personal Data
We may use the Personal Data we obtain from or about you for a variety of purposes, including:
- To offer you the opportunity to participate in research activities, including to join a panel, participate in surveys administered by i-Link or LiveTribe or by third parties (whether as a panel member or a non-panel member), or use websites and mobile applications associated with panels or surveys.
- To administer, manage, fulfil, facilitate entry into, and communicate about our rewards programs and other promotions, including competitions offered in connection with panel membership and/or the completion of surveys.
- To communicate with you regarding your membership on LiveTribe, or to send you notifications of your participation in a survey and tailored survey opportunities.
- To update i-Link or LiveTribe records, perform data analysis for internal purposes or for our clients.
- To provide a better survey experience, including quality control, validation, tracking of completed surveys or other completed actions
- To ensure data safety and data security and to detect and prevent fraudulent activity
- To comply with our legal obligations, including, without limitation, tax obligations, privacy obligations, ISO20252:2019 & ISO27001 obligations.
- As otherwise permitted pursuant to this Privacy Policy or as otherwise authorized by you.
3. How We Share Your Personal Data
a. We may disclose the Personal Data we collect about you as described below:
- To program partners (e.g. affiliates) who invited you to join LiveTribe and that you have enrolled through.
- Our clients for market research-related purposes (including for the creation and validation of models, fraud detection and prevention, data market segmentation and database matching, and reward, incentive, or sweepstakes redemption, fulfillment and/or entry), to enable them to develop marketing campaigns, audience insights, look-alike models and/or to market third party’s products/services to you, and for the purposes of identifying respondents for re-contact surveys or communications.
- Our client or their customers, if we believe that you have or may have violated the intellectual property rights of a third party or our Terms & Conditions.
- With a third party in connection with any reorganization, merger, sale, joint venture, assignment, transfer, or other disposition of all or any portion of our business, assets, or stock (including in connection with any bankruptcy or similar proceedings).
- As otherwise permitted pursuant to this Policy or (i) if we are required to disclose Personal Data about you by law or legal process, (ii) in response to a request from a court, law enforcement authorities, or government officials, or (iii) when we believe disclosure is necessary or appropriate to prevent physical harm or financial loss, or in connection with an investigation of suspected or actual fraudulent or illegal activity.
- We may allow a client to collect Personal Data directly from you. You are free to provide them with your Personal Data. In these situations, we enter into a written agreement with our clients to, among other things, limit their use of the Personal Data.
b. Cross-Border Disclosure of Personal Information
- i-Link may disclose some personal information to organisations outside Australia if we consider it is appropriate to do so. The organisations outside of Australia may not have the same or substantially similar privacy laws as those in Australia. Australian Privacy Principle 8.1 will not apply to such disclosure but nonetheless our Clients consent to the disclosure of such personal information overseas.
4. Your Rights and Choices
Subject to relevant laws and/or regulations, you have the right to:
- Opt out of certain collection and use of your Personal Data where that data field is optional. Should you wish to not answer a mandatory profile question, this can only be done by contacting our staff via info@i-linkresearch.com or support@livetribe.com.
- Request your survey responses be deleted (even if the survey is a “complete”).
- Request access to and receive information about the Personal Data we collect about you.
- Withdraw any consent you previously provided regarding the processing of your Personal Data, at any time and free of charge.
You can stop all collection of Personal Data and other information by us by terminating your participation in our panel. You may use the standard unsubscribe processes available on the panel site. To delete all information collected by us, to exercise your rights described above or terminate your account please contact our Privacy Officer at Privacy_Officer@i-linkresearch.com or call on 02 9262 7171.
5. Data Security and Data Retention
- We maintain appropriate technical and administrative safeguards to protect your Personal Data against accidental or unlawful loss, alteration, access, disclosure or use. Our Information Security Management System (ISMS) is in line with ISO27001:2013 standards. We review, monitor, and evaluate our privacy practices and ISMS on a regular basis. Despite these measures and our use of SSL-encrypted connections, transmissions over the Internet or a mobile network will never be 100% secure. We cannot guarantee the security of online transmissions nor we accept no responsibility for any errors by individuals in submitting Personal Data to us.
- Your Personal Data is encrypted at rest and stored on AWS Cloud servers located in Australia at undisclosed locations. For more information on AWS data security please review this AWS Data Center Controls link.
- For any Personally Identifying Data we receive from our clients, our data retention policy requires we delete that data within 45 days of a client notifying us that a project is closed. Data is transmitted via SSL-Encrypted websites that can be accessed only by a controlled list of users.
- If we believe that we have suffered an eligible data breach we will notify the affected individuals and the Office of the Australian Information Commissioner (OAIC).
6. Individuals Under the Age of 18 years
Our services are not designed for, or intended for use by, any individual under the age of 18. We do not knowingly collect Personal Data from children under the age of 18, and if we became aware that we have inadvertently collected Personal Data from a person under the age of 18, we will undertake reasonable commercial efforts to delete such Personal Data. From time to time we conduct research projects for children aged less than 18 years however in this instance we will always request explicit consent from the child’s parent or guardian first.
7. Amendments to this Privacy Policy
This Privacy Policy will be updated regularly to reflect changes in our Personal Data practices. We will indicate at the top of this policy notice the date of the most recent update. This policy is accessible to the general public via i-Linkresearch.com & livetribe.com
8. Contact Us
If you have any questions or comments regarding our privacy practices or this Privacy Policy or if you would like to opt out of certain uses of your Personal Data, exercise your rights in relation to the Personal Data we hold about you or make a complaint about our privacy practice, please feel free to contact the Privacy Officer at i-Link Research Solutions and LiveTribe as follows:
i-Link Research Solutions Pty Ltd: write to us at Privacy_Officer@i-linkresearch.com or to Suite 606, 267-277 Castlereagh St, Sydney, 2000. Attention: Privacy Officer.
Information regarding The Privacy Act on the OAIC website can be found here: Privacy Act.
General Terms & Conditions/Terms of Use
1. Applicability; Agreement
These Terms and Conditions or terms of use (these “Terms”) govern and apply to all of Dynata’s applications and services, including, but not limited to, (1) any Dynata panel or subpanel (individually a “Panel” and collectively the “Panels”), (2) any Panel website (individually a “Website” and collectively the “Websites”), (3) any Dynata mobile application(s), (4) participation in any survey or study offered, provided, hosted or administered by or through Dynata and (5) your eligibility for, and/or redemption of, rewards, incentives and prizes offered for certain actions and activities, including, but not limited to, successfully completing surveys (collectively, the “Applications/ Services”).
All references in these terms to “Dynata” include Dynata,LLC f/k/a Survey Sampling International, LLC and its parents, subsidiaries and affiliates. All references in these Terms to “us” or “we” refer to Dynata.
By registering for, accessing, using, and/or participating in, the Applications/Services, you hereby expressly agree to comply with and be bound by these Terms.
Dynata reserves the right to refuse, restrict, prohibit or reject your access to, use of, and/or participation in the Applications/Services, at any time and for any reason.
2. Membership Eligibility
The Applications/Services are strictly for your personal, non-commercial use. You may use the Applications/Services only when and as available. The Application/Services are only available to individuals who are sixteen (16) years of age or older. Only one (1) account per person.
3. Use of the Applications/Services
The Applications/Services are for personal, non-commercial use. You may use the Applications/Services only when and as available. Dynata reserves the right to change, modify or eliminate, and/or restrict or block access to, all or any part of the Applications/Services, without notice, at any time, for any reason or for no reason.
Dynata provides Panel members and non-Panel members with the opportunity to participate in surveys. Participation in surveys is voluntary. By agreeing to become a Panel member, you agree to receive invitations to participate in surveys. Additionally, Dynata may provide Panel members with the opportunity to communicate with other Panel members and/or Dynata. You may unsubscribe from Panel membership at any time; see Section 10 “Opt Out Policy” below.
If you are registering for the Application/Services, you will be required to provide or disclose certain personally identifiable information (“PII”) to Dynata. Please review Dynata’s Privacy Policy http://www.opinionworld.com/policies/privacy for information on Dynata’s privacy practices.
4. Panel Registration; Passwords
You may access any Website(s) as a visitor without registering for membership with the Panel associated with the Website(s) and without providing or disclosing personal information.
In order to register as a Panel member, you must register with or for the Panel and provide certain personal information. Panel members and non-Panel members are required to truthfully provide all information. Dynata reserves the right to restrict or prohibit your use of, access to and/or participation in the Applications/Services if you provide, or Dynata reasonably suspects that you have provided, information that is untrue, inaccurate, not current, or incomplete.
Dynata will either: (i) issue a user name and password to a Panel member, or (ii) permit a Panel member to create his/her own user name and password. Panel members are solely responsible for the security of their user names and passwords and will be solely liable and responsible for any use, whether authorized or unauthorized, of their membership accounts. Dynata strongly recommends against the use of a social security number, financial account number or any other identification or account number, as a user name or password.
Panel membership is specific to the individual who registers for membership with the Panel.
You acknowledge that you are accessing, using and/or participating in the Applications/Services in the capacity of an independent contractor and that no agency, partnership, join venture, employee-employer or franchisor-franchisee relationship is intended or created by this agreement.
5. Unauthorized Uses
You agree not to: (i) use spiders, robots or other automated data mining techniques to catalogue, download, store or otherwise reproduce or distribute data or content available in connection with the Applications/Services, or to manipulate the results of any survey, prize draw or contest; (ii) take any action to interfere with any Website(s) or an individual’s use of any Website, including, but not limited to, by overloading, “flooding”, “mail bombing” or “crashing” any Website; (iii) send or transmit any viruses, corrupted data or any other harmful, disruptive or destructive code, file or information, including, but not limited to, spyware; (iv) collect any personally identifiable information of or about any other user of the Applications/Services; (v) send unsolicited emails, including, but not limited to, promotions and/or advertising of products or services; (vi) open, use, or maintain more than one (1) membership account with a Panel; (vii) Forge or mask your true identity; (viii) frame a portion(s) of any Website within another website or alter the appearance of any Website; (ix) establish links from any other website to any page of, on or located within any Website or to the Applications/Services, without the prior express written permission of Dynata; (x) post or transmit any threatening, libellous, defamatory, obscene, pornographic, lewd, scandalous or inflammatory material or content or any material or content that could otherwise violate Applicable Laws (as defined herein); (xi) engage in any fraudulent activity, including, but not limited to, speeding through surveys, taking the same survey more than once, masking or forging your identity, submitting false information during the registration process, submitting false or untrue survey data, redeeming or attempting to redeem rewards, prizes and/or incentives through false or fraudulent means, and tampering with surveys; (xii) reverse engineer any aspect of the Applications/Services or do any act or take any action that might reveal or disclose the source code, or bypass or circumvent measurers or controls utilized to prohibit, restrict or limit access to any webpage, content or code, except as expressly permitted by Applicable Laws; (xiii) engage in any criminal or illegal act(s); (xiv) use Restricted Content (as defined herein) in violation or breach of these Terms; or (xv) encourage and/or advise any individual, including, but not limited to, any Dynata employee, to commit any act(s) prohibited hereunder.
You acknowledge and agree that Dynata will fully cooperate with all legal disclosure request(s) (e.g. court order or subpoena)
6. Restricted Content
In connection with your use of, access to and/or participation in the Applications/Services, you may have the opportunity to review or access confidential and proprietary information, materials, products and content (“Restricted Content”) belonging to Dynata and/or Dynata’s clients, partners and/or licensors. Restricted Content is and shall remain the sole and exclusive property of the owner of the Restricted Content. In no event shall you obtain or receive any right, title and/or interest in or to any Restricted Content. You agree to protect the confidentiality and secrecy of the Restricted Content and you agree not to modify, copy, reproduce, republish, display, transmit, distribute, reverse engineer, create derivative works of, decompile or otherwise use, alter or transfer Restricted Content without the prior express written consent of Dynata. You acknowledge and agree that Restricted Content may be subject to, and protected by, intellectual property laws, regulations and codes. You further acknowledge and agree that if you breach or otherwise violate the restrictions, limitations and prohibitions contained in this Section, in addition to any other rights or remedies available to Dynata, Dynata reserves the right to terminate, prohibit or restrict your use of, access to and/or participation in the Applications/Services.
7. User Content
You are solely liable and responsible for all content, materials, information and comments you use, upload, post or submit in connection with the Applications/Services (“User Content”). You are solely responsible for all third party approvals, consents and/or authorizations required for User Content. If you submit User Content, the User Content may become publicly available and may be shared with third parties including, but not limited to, Dynata’s clients, clients of Dynata’s clients, and third party service providers. User Content should only include audio, video, images or the likeness of the individual submitting the User Content and should not contain copyrighted or trademarked content or material of any third party. User Content should not include audio, video, images, or the likeness of anyone other than the user. You will not receive compensation for any User Content. If you would like information about the identity of the sponsor of a survey in which you submit photos or videos, please contact Dynata as set forth in Dynata’s Privacy Policy. In order to identify the specific survey, you will need to provide Dynata with your email address and information on the specific survey (e.g., survey number, survey topic or subject matter, date you completed the survey, etc.).
By using, uploading, posting or submitting User Content in connection with the Applications/Services, you hereby grant to Dynata a perpetual, irrevocable, unlimited, transferrable, sub-licensable, world-wide, royalty free, right and license to edit, copy, transmit, publish, display, create derivative works of, reproduce, modify, distribute and otherwise use, modify or distribute your User Content in any manner, without compensation or notice.
You are solely responsible for User Content. Dynata does not and cannot review all User Content and Dynata is not responsible for User Content. Dynata reserves the right to delete, move or edit User Content that is, in Dynata’s sole discretion, deemed to: (i) violate these Terms, (ii) violate copyright or trademark laws, or (iii) be abusive, defamatory, obscene or otherwise unacceptable.
8. Rewards Programs
1. In connection with your use of the Applications/Services, you may have the opportunity to accumulate rewards, incentives and entries into prize draws or sweepstakes. Incentives may be in the form of points or dollars. Information, official rules and terms and conditions for rewards, incentives and prize draws or sweepstakes may be available in these Terms, on the Website for a Panel, at the beginning or end of a survey, in survey invitations, on the website(s) or webpage(s) for redeeming rewards, incentives, and prizes, and/or may be described in any newsletter or other communication distributed or published by Dynata.
2. All points or dollars posted to a Panel member’s account expire one (1) year following posting, unless the points or dollars are forfeited or cancelled earlier due to membership or account inactivity or as otherwise set forth in these Terms. Panel member accounts are not actual bank or financial accounts and do not accrue or accumulate interest of any kind.
3. Points or dollars posted in connection with the Applications/Services do not constitute property of the Panel member, cannot be transferred during or after the Panel member’s life, by operation of law or otherwise, and have no value until presented by the Panel member for redemption in accordance with these Terms.
4. In the event that any points, dollars, or incentive have been erroneously posted to a Panel member’s account, Dynata may remove them from the Panel member’s account.
5. Points or dollars will be deducted from the Panel member’s account at the time the redemption request is made.
6. All redemptions are final and rewards may not be returned for credit except as otherwise provided in these Terms or as otherwise agreed to in writing by an authorized representative of Dynata.
7. The minimum points or dollars redemption threshold is the equivalent of Fifty United States Dollars ($50). Unless there is a lower redemption option available, if you do not satisfy the foregoing threshold, you will not have a redemption option under Dynata’s rewards program. Dynata reserves the right to provide reward options with lower minimum redemption thresholds without prior notice to, or consent from, you.
8. Dynata may modify, alter, delete or add new terms and conditions for its rewards program or the Applications/Services at any time without notice. For Dynata this includes, but is not limited to, modifying, altering, adding or deleting point values, redemption levels, conversion ratios, conditions for status, conditions for membership and conditions for earning incentives or rewards, at any time without notice. In addition, Dynata may terminate or cease offering any incentive or reward in connection with Dynata’s rewards program, at any time without notice.
9. You may not combine your points or points with points or dollars belonging to any other member, including, but not limited to, any family member or friend.
10. Dynata make no representations or warranties of any kind, express or implied, regarding any product or service received in connection with Dynata’s rewards program, including, but not limited to, any warranty of merchantability or fitness for a particular purpose. Dynata is not, and will not be, liable or responsible for the performance of, or for the failure of the performance of, any product or service for which points or dollars, incentives or rewards are redeemed. In addition, Dynata is not and will not be responsible or liable for any cost, damage, accident, delay, injury, loss, expense or inconvenience that may arise in connection with the use of, or defect in, any product or service for which points, dollars, incentives or rewards are redeemed. Dynata will not replace any lost, stolen, misplaced or damaged incentives or rewards.
11. YOU HEREBY EXPRESSLY ACKNOWLEDGE AND AGREE THAT THE POINTS, DOLLARS, INCENTIVES OR REWARDS EARNED THROUGH THE APPLICATIONS/SERVICES MAY BE SUBJECT TO TAX, WHICH IS THE SOLE RESPONSIBILITY OF THE PANEL MEMBER. Dynata may provide you and/or the appropriate government agency or taxing authority with information related to any payments or incentives you earn in connection with your use of the Application/Services. You agree to provide Dynata with all required information to assist Dynata in complying with its reporting or withholding obligations. Dynata may withhold any tax from any incentive or reward as required by applicable law.
12. Every month Dynata donates $10,000 to American Red Cross. This donation is separate to the incentives you receive for surveys, and does not come from your points balance. This does not constitute a donation on your behalf so is not tax deductible for you, and is not dependent on the number of surveys members participate in, but is one way Dynata is aiming to give back to the global community.
13. Dynata uses reasonable efforts to ensure that points or dollars or dollars are credited and debited appropriately; however, panelists should review their account to ensure that their account correctly identifies the posted points or dollars, incentives, or rewards, and reflects all of the appropriate redemption transactions. If you feel that your account was not credited or debited correctly or reflects incorrect redemption transactions, please send an email to helpdesk@opinionworld.com. Any email sent to Dynata should include the panellist’s name, email address and specific information on the subject matter. Dynata will use reasonable efforts to investigate the matter and to respond back to the panellist promptly. Dynata’s decision is final and binding.
14. The suppliers or providers of the products or services offered in connection with Dynata’s rewards program and/or the owners or operators of the website(s)/webpage(s) on which redemption transactions occur, may have their own terms and conditions; please review these terms and conditions carefully.
15. Personal information may have to be collected, processed and/or disclosed in connection with Dynata’s rewards program and/or any request to redeem a reward or incentive. By agreeing to these Terms, you hereby agree to the collection, processing and/or disclosure of your personal information for such purpose(s) and all such personal information shall be subject to the terms set forth in Dynata’s privacy policy.
16. If a Panel member elects to donate points or dollars to one of the charities approved by Dynata, Dynata will donate said points or dollars to the selected charity. The donation is not made by or on behalf of Dynata and Dynata does not and will not match any donation. Please note that the donation option is not available on every panel owned and/or operated by or on behalf of Dynata. Please check the redemption options available for the panel to which you belong.
17. Your daily limit on the redemption of points or dollars is limited two (2) redemptions per 24 hour period.
18. In the United States, Dynata has an obligation to: (i) provide a W-9 tax form to individuals who receive payments (whether via the redemption of points or dollars or other means) of $600 or more in a tax year and (ii) file a 1099-Misc form with the United States Internal Revenue Service (“IRS”) for such payments. In addition, Dynata will provide you with a completed 1099-Misc form for your tax compliance purposes. As a result, please see the following:
(1) If you have received payments of $599 during a tax year, your account will be suspended (i.e., you will not be able to receive further payments and will not be able to complete or participate in surveys) for the remainder of the applicable tax year unless and until you provide Dynata with a completed and verified W-9 form.
(2) If you have received payments of $600 or more during a tax year, your account will be suspended indefinitely (i.e., you will not be able to receive further payments and will not be able to complete or participate in surveys) unless and until you provide Dynata with a completed and verified W-9 form. In this case, your account will not be reinstated at the beginning of the next tax year, unless or until you provide Dynata with a completed and verified W-9 form.
If you have any questions, please contact privacy@dynata.com.
9. Profile Updates
Panel members agree to notify Dynata promptly of any changes in or to the information contained in their member profile. Panel members agree to review and update their membership profiles as necessary but no less frequently than once every six (6) months. A Panel member may update, correct and/or delete information contained in his or her membership profile by: (i) accessing his or her Panel membership account; or (ii) sending an email to the appropriate Panel member services team for the appropriate Panel.
10. Opt-Out Policy
Panel members may opt out from using the Applications/Services (including, without limitation, from receiving newsletters or communications), at any time, by: (i) following the unsubscribe procedures described on the applicable Website(s) or contained in any email received from Dynata; or (ii) sending an email to the Panel member services team. Dynata shall use reasonable efforts to read and respond to each email request within a reasonable period of time after receipt. Upon termination, a Panel member’s contact information will be removed from any further communication or contact lists. Please allow a few days for the complete removal of contact information from Dynata’s communication or contact lists for the applicable Panel; during which period the member may receive communications which were created or compiled prior to termination. Please see Dynata’s Privacy Policy for information on how Dynata handles information and data following an unsubscribe, termination or opt-out request (“Dynata’s Privacy Policy”).
11. Links
In connection with your use of the Applications/Services, you may be able to link or connect voluntarily to websites maintained and/or operated by third parties (“Third Party Websites”). Dynata does not endorse any Third Party Website nor any products, services and/or opportunities advertised, offered and/or sold by, through or in connection with any Third Party Website (“Third Party Information”). Dynata does not make any representations or warranties regarding Third Party Websites and/or Third Party Information. Please carefully review all policies and terms applicable to Third Party Websites and Third Party Information.
12. Communications with Dynata
All communications (excluding personal information) and User Content submitted or transmitted by you to Dynata, by electronic mail or otherwise, shall be treated as non-confidential and non-proprietary information, unless specifically indicated by you either prior to, or contemporaneously with, the submission or transmission of such communications and User Content. You agree that any such communications and User Content may be used by Dynata for any legal reason.
13. Disclaimer
THE APPLICATIONS/SERVICES, INCLUDING ALL INFORMATION, SURVEYS, CONTENT, MATERIAL, COMMENTARY AND APPLICATIONS/SERVICES MADE AVAILABLE ON OR THROUGH THE APPLICATIONS/SERVICES, ARE PROVIDED “AS IS”. DYNATA DOES NOT MAKE ANY REPRESENTATIONS OR WARRANTIES OF ANY KIND WHATSOEVER IN CONNECTION WITH ANY INFORMATION, CONTENT, MATERIAL, COMMENTARY, SURVEYS, PRODUCTS OR SERVICES MADE AVAILABLE ON OR THROUGH THE APPLICATIONS/SERVICES, INCLUDING, BUT NOT LIMITED TO, ANY USER CONTENT. FURTHER, Dynata HEREBY DISCLAIMS ANY AND ALL WARRANTIES, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF NON-INFRINGEMENT, MERCHANTABILITY, AND FITNESS FOR A PARTICULAR PURPOSE. DYNATA DOES NOT WARRANT THAT THE TOOLS, TECHNOLOGY OR FUNCTIONS CONTAINED IN THE APPLICATIONS/SERVICES OR ANY CONTENT, MATERIAL, COMMENTARY, INFORMATION AND/OR SERVICES CONTAINED THEREIN, WILL BE UNINTERRUPTED OR ERROR FREE, THAT DEFECTS WILL BE CORRECTED, THAT THE SYSTEMS OR THE SERVER(S) THAT SUPPORT THE APPLICATIONS/SERVICES AND MAKE THE APPLICATIONS/SERVICES AVAILABLE WILL BE CORRECTED OR THAT THE APPLICATIONS/SERVICES AND/OR THE SYSTEMS AND/OR THE SERVER(S) THAT SUPPORT THE APPLICATIONS/SERVICES ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. DYNATA DOES NOT PROVIDE ACCESS OR CONNECTION TO THE INTERNET AND IS NOT AND SHALL NOT BE RESPONSIBLE OR LIABLE FOR THE ACTIONS OR OMISSIONS OF THIRD PARTIES THAT INTERFERE WITH, LIMIT, RESTRICT OR PREVENT ACCESS OR CONNECTION TO, OR USE OF, THE APPLICATIONS/SERVICES.
14. Changes
Dynata hereby reserves the right, in Dynata’s sole discretion, to make changes to these Terms. Dynata encourages you to review these Terms on an ongoing basis. Dynata will obtain your consent prior to changes that are of such nature that consent is needed or required. For changes that do not require consent, your continued use of, access to, and/or participation in the Applications/Services does and will to constitute your acceptance of these Terms as amended.
15. Indemnification
You agree to indemnify, defend and hold harmless Dynata and its parent, affiliated and subsidiary companies and its and their respective members, managers, shareholders, directors, officers, employees and agents from and against any and all claims, liabilities, losses, judgments, awards, fines, penalties and costs and/or expenses of any kind, including, but not limited to, reasonable attorneys’ fees and court costs, arising out of, resulting from or caused, either directly or indirectly, by: (i) your breach or violation of these Terms; and/or (ii) your use of, participation in, and/or access to the Applications/Services.
16. Limitations of Liability
EXCEPT TO THE EXTENT PROHIBITED BY APPLICABLE LAWS, YOU ACKNOWLEDGE AND AGREE THAT IN NO EVENT WILL Dynata BE LIABLE OR OTHERWISE RESPONSIBLE TO YOU FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL AND/OR PUNITIVE DAMAGES, FOR ANY REASON(S) OR FOR ANY CAUSE(S), REGARDLESS OF WHETHER DYNATA IS INFORMED OF THE POSSIBILITY THAT SUCH DAMAGES MAY EXIST.
ANY CLAIM OR CAUSE OF ACTION ARISING OUT OF OR RELATED TO USE OF THE APPLICATIONS/SERVICES AND/OR THESE TERMS MUST BE FILED WITHIN ONE (1) YEAR AFTER SUCH CLAIM OR CAUSE OF ACTION AROSE.
17. Compliance with Applicable Laws
You acknowledge and agree that you will comply with all applicable international, national, Federal, state and/or local laws, codes, regulations, rules and/or requirements (“Applicable Laws”) regarding your use of, participation, in, and/or access to the Applications/Services.
18. Suspension; Termination; De-Activation of Panel Membership Accounts
Either party may terminate your membership with a Panel at any time, with or without cause, for any reason or for no reason, and without liability for the termination.
In addition to any and all other available remedies, Dynata may, without notice, suspend and/or terminate your use of, access to, and/or participation in the Applications/Services if you are in breach or violation of these Terms. If Dynata terminates your membership due to your breach or violation of these Terms: (i) you forfeit all rights, title and interest in and/or to all unredeemed rewards, incentives and/or prizes, effective immediately upon termination; (ii) your membership will immediately be cancelled; and (iii) your access to, participation in and use of the Applications/Services (including, but not limited to, participation in survey projects) will immediately cease.
In the event that a non-Panel member breaches or otherwise violates these Terms, such non-Panel member hereby agrees that: (a) all rights, title and interest in and/or to all unredeemed rewards, incentives and/or prizes (if any), shall be forfeit effective immediately upon termination; and (b) access to, use of, and participation in the Applications/Services will immediately cease.
In addition, Dynata reserves the right to de-activate your Panel membership account: (a) if your membership account does not remain Active (as defined herein); (b) if Dynata receives a hard bounce or delivery failure notice in regards to email communications sent by Dynata to your email account; or (c) if Dynata receives a “mailbox full” reply notice three (3) times in regards to email communications sent by Dynata to your email account. For the purpose of these Terms, “Active” means that you: (i) participate in a survey at least once every six (6) months; or (ii) update your profile or member information at least once every six (6) months.
In the event of deactivation, termination by you or termination by Dynata (other than for your breach or violation of these Terms), Dynata shall maintain a record of the posted, unredeemed rewards, incentives and/or prizes and, subject to the applicable minimum redemption thresholds, shall allow you to redeem such rewards, incentives and/or prizes for a period of thirty (30) days following the effective date of termination or deactivation of your account. Termination or deactivation of your membership will not delete or remove any application(s).
19. Dynata Employee
A. Restriction. Dynata employees and their Immediate Family Member(s) (as defined herein) are not eligible to receive any payments, prizes or incentives for using, participating in or accessing the Applications/Services. For the purpose of this Section 19, the term “Immediate Family Member(s)” includes parents, spouses, children or significant others (i.e. girlfriends/boyfriends, domestic partners and spousal equivalents).
B. Procedures. Dynata’s employees may use, access or participate in the Applications/Services only after receiving written permission from their respective manager, and only for the sole purpose of improving Dynata’s products and/or services. Dynata’s employees must always be honest and report accurate information in connection with using, accessing or participating in the Applications/Services. If altered, false, or untrue information or data must be used, prior consent and approval must be received from Dynata’s Chief Executive Officer.
C. Improper Conduct. Unless authorized pursuant to these Terms or otherwise approved in writing by Dynata’s Chief Executive Officer, the violation of the terms of this Section 19 by an Dynata employee and/or hos/her Immediate Family Member(s) is a violation of Dynata’s standards of conduct and any such violation may subject the employee to discipline, including, but not limited to, termination of employment.
20. Notices
A. Notice From You to Dynata. Except as otherwise set forth herein or as required by Applicable Laws, all notices to be sent or provided to Dynata should: (i) be correctly addressed to the applicable business address, and shall be sufficiently delivered if delivered: (a) by Federal Express, Express Mail or other nationally or internationally recognized overnight courier service (in which case notice shall be effective one (1) business day following dispatch); or (b) by certified mail, return receipt requested, postage prepaid (in which case notice shall be effective six (6) days following deposit in mail); or (ii) be sent via email to the appropriate member services team for the appropriate Panel.
B. Notice From Dynata to You. Except as otherwise required by Applicable Laws, you agree that Dynata may provide notices to you: (i) via the e-mail address provided by you to Dynata (in which case notice shall be effective one (1) day following the date the e-mail was sent, provided that Dynata did not receive an error message stating that delivery of the e-mail was delayed, that the e-mail address was invalid or that the e-mail otherwise could not be delivered); (ii) by certified mail, return receipt requested, postage prepaid addressed to the address provided by you to Dynata (in which case notice shall be effective six (6) days following deposit in the mail); or (iii) by posting notices on the applicable Website(s). You agree to check the applicable Website(s) frequently for notices and to keep your personal information up-to-date.
C. Legal Notice. All questions regarding these Terms and all legal notices should be sent, in accordance with Section 20.A. of these Terms, to:
Dynata,LLC f/k/a Survey Sampling International, LLC
4 Research Drive
Shelton, Connecticut 06484.
Attn: Legal Department
or via email to: privacy@dynata.com
21. Severability
If any term or provision of these Terms shall be held or declared to be invalid or unenforceable for any reason by any court of competent jurisdiction, such term or provision shall be deemed null and void and shall not affect the application and/or interpretation of these Terms. The remaining terms or provisions of these Terms shall continue in full force and effect, as if the invalid or unenforceable term or provision was not a part of these Terms.
22. Governing Laws; Jurisdiction and Venue
These Terms and your access to, use of or participation in the Applications/Services shall be governed by and construed in accordance with the laws of the state of Connecticut, USA, without regard to any portion of any choice of law principles (whether those of Connecticut or any other jurisdiction) that might provide for application of a different jurisdiction’s laws. All claims or disputes arising in connection with these Terms and/or your access to, use of or participation in the Applications/Services shall be subject to the exclusive jurisdiction of the state or Federal courts located in Fairfield County, Connecticut, USA.
23. Miscellaneous Terms
The headings contained in these Terms are for reference only and shall have no effect on the interpretation and/or application of these Terms. Dynata’s failure to enforce a breach by you of these Terms shall not waive or release you from such breach and shall not waive, release or prevent Dynata from enforcing any subsequent breach by you of these Terms. These Terms and any rules, terms or policies referenced herein or incorporated herein, and any Panel-specific requirements, represent the entire understanding and agreement between Dynata and you with respect to the subject matter hereof.
Last updated: January 3, 2017
OpinionWorld Privacy Policy
First Effective: August 15, 2013
This Version: Effective September 9, 2019
The Privacy Policy describes how Dynata Global UK Limited (f/k/a Research Now Limited) and Dynata, LLC (f/k/a Survey Sampling International LLC) and their parents, subsidiaries and affiliated companies (collectively “Dynata”, “We”, “us, or “our”) processes Personal Data in the context of online panel communities, surveys, reward programs, websites and mobile applications (collectively the “Service”). In particular, it describes the types of Personal Data we collect in connection with the Service, the purposes for which we collect that Personal Data, the other parties with whom we may share it, and the measures we take to protect the security of the data. It also tells you about your rights and choices with respect to your Personal Data, and how you can contact us to update your contact information or ask questions about our privacy practices.
This Privacy Policy does not apply to the processing of your Personal Data in the context of surveys administered by third parties. In these situations, Dynata is not the sponsor of the survey and the survey instrument, and the survey results or survey data are and will be controlled by the sponsor of the survey. Please refer to the relevant sponsor’s privacy policy to learn more about that sponsor’s privacy practices.
Registration with, use of, and access to the Service is subject to this Privacy Policy and our Terms and Conditions .
We collect Personal Data in various ways described below. For the purpose of this Privacy Policy, “Personal Data” means any information relating to an identified or identifiable individual. Where applicable, we indicate whether and why you must provide us with your Personal Data, as well as the consequences of failing to do so. If you do not provide Personal Data when requested, you may not be able to benefit from the Service if that information is necessary to provide you with the Service or if we are legally required to collect it.
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a. Personal Data Provided by You
- We ask you to provide certain Personal Data when you register for an account through our websites or mobile application, including your name, address, email address, phone number, date of birth, occupation, education, and gender.
- In addition, we collect Personal Data you provide in the context of a panel, when you participate in a survey or in connection with the receipt and redemption of rewards and incentives. Such information includes a unique panelist/respondent identification number we assign to you when you sign up for an account and the responses you provide when completing the survey. In this context, you may choose to provide sensitive Personal Data about you, such as Personal Data that discloses or reveals health and medical conditions, sexual orientation or sexual life, political opinions/views, race/ethnic origin, religious and philosophical beliefs and trade-union membership. Where required by law, we obtain your explicit consent to the processing of your sensitive Personal Data. We may also collect content that you submit, upload or transmit when using the Service, such as photos and videos.
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b. Location Data
- We may request your permission to obtain location information from your mobile device. We may use your location information to offer you the option to participate in location-based surveys and market research, or to share such location data with third party clients to demonstrate certain location traffic patterns of participants, including but not limited to purchasing behavior based on locations visited.
- We collect your location information for the above purposes with your consent. If you no longer wish to share your geo-location information with us, please change the privacy settings of your device. Where required by law, we obtain your explicit consent to share your location information with third parties.
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c. Social Media Accounts
- You may also have the opportunity to access the Services through third party social media platforms. If you select to access the Services in this manner, we may collect certain profile information stored in your social media platform account, such as name, gender and email address.
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d. Personal Data Obtained Via Automated Means
- When you use the Service, we may collect certain information by automated means, such as cookies and similar technologies. Cookies are small files that store certain data on a device. Cookies create a unique ID that is associated with your browser. Session cookies expire when you close your browser, whereas persistent cookies remain on your device until deleted or once they reach a defined expiration date.
- The information we collect via cookies and similar technologies may include information about your device and its capabilities, including, the device type and operating system, other applications on your device, network and Internet service provider, time zone, network status, browser type, referring/exiting pages, operating system, date/time stamp, click stream data, and unique identification numbers such as your device IP address, device unique identification number, Media Access Control (MAC) address, or browser identifier. We may also use digital fingerprinting and watermarking technologies to collect the above information.
- We may also collect information from certain applications and functionality available on your device if you grant us access to these. Such information includes the number and type of applications installed, push notifications, camera, microphone, accessing photo library, file storage access, etc.
- We use this information to improve the Service by assessing how many users access or use the Service, which content, products, and features of our Service most interest our visitors, what types of offers our customers like to see, and how our Service performs from a technical point of view.
- In some cases, we may use information collected via automated means, along with other information, to recognize users (or households) across platforms or devices, such as smartphones, computers, tablets or related browsers, for the purposes described in this Privacy Policy. Information collected via digital fingerprinting and watermarking technologies may also be used for quality control, validation, and fraud detection and prevention purposes.
- First party and third party cookies and other similar or related technology and device identifiers (e.g., IDFAs, AAIDs, etc.) may be placed, written, set, and/or read for several purposes including, without limitation, to provide a better survey experience, quality control, validation, to enable or facilitate survey participation, tracking of completed surveys or other completed actions, for fraud detection and/or prevention, online ad effectiveness research, website tracking and audience measurement, to develop audience insights and/or look-alike models in connection with marketing campaigns, and for the purpose of targeting advertisements and other content to individuals, subject to your consent where required by applicable law. However, for certain cookies and/or similar or related technology, if you decide not to accept cookies, you will not be able to use the Service.
- With respect to the linking of data collected through the Service to third party data management platform (“DMP”) data, Dynata uses such data itself and/or permits Dynata’s clients and/or the DMP itself to use such data to provide you with survey opportunities, to measure advertising effectiveness (as described in more detail below), to segment audiences; to design advertising campaigns using “look alike” cohort groups based on survey and third party data; and/or to market such third party’s products/services to you.
- Audience Insights/Look-alikes. Dynata and/or third parties may use Personal Data and/or may link Personal Data to a third-party cookie to develop audience insights and/or look-alike models in connection with marketing campaigns.
- Online Advertising Effectiveness. In connection with Dynata’s online ad effectiveness program, you can participate in surveys regarding ads, promotions, content, campaigns, and/or websites that Dynata is testing for its clients. To facilitate the completion of these surveys, Dynata’s clients may write, set, or read cookies, locally shared/stored objects, flash cookies and/or any other related technology (each a “Third Party Technology” and collectively the “Third Party Technologies”). The Third-Party Technologies may be written, set or read in various locations, including, without limitation, Dynata’s servers or systems. If you participate, your UID will be stored in or associated with the Third-Party Technology to allow you to be re-contacted about the online ad or promotion and Dynata’s client will use the Third-Party Technology to determine whether you have seen, clicked on, or otherwise interacted with the online ad or promotion. If you have interacted with the online ad or promotion, Dynata’s client will send your UID and the specific survey to Dynata and Dynata will provide you with the opportunity to complete the survey.
- Audience Measurement Data. In addition to the use and sharing of Audience Measurement Data (as defined below) in connection with online advertising effectiveness research, as such research is described above, Dynata may share your UID and data previously collected by Dynata, including, without limitation, age, gender, income, number of people in your household, education/education level, and employment status, (“Audience Measurement Data”), to third parties, including, without limitation, Dynata’s subcontractors, partners, and/or clients for the purpose of audience measurement reporting on the content, advertisements, campaigns, and websites that you visit, view, and/or click on. The Audience Measurement Data will be used in connection with online advertising effectiveness research, and to assist in the creation, development, and implementation of websites, online advertisements, and other Internet and digital media features, functionality, and campaigns. Audience Measurement Data may be shared in a single summary form (i.e. individual respondent level) or aggregate summary form (i.e. group of respondents).
- For more information on the types of cookies we use, the purposes for which we use information collected via cookies please see our Cookie Consent Tool .
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e. Personal Data We Process in relation to Survey about Clients’ Advertising
- When you use the Service to participate in surveys regarding specific ads and promotions that Dynata is testing for its business clients, you may see these ads or promotions in several places, including in non-Dynata mobile apps (e.g., in a gaming app). Once you have been exposed to the relevant ads and promotions, Dynata will provide you with access to, or contact you to complete, a survey about these ads or promotions and/or may provide certain demographic data about you to the advertiser or the advertiser’s agent regarding the demographic profiles of individuals who have viewed the ad.
- To facilitate the completion of such surveys on ads or promotions, Dynata has partnered with ad companies that provide, measure or facilitate advertisements, including in other mobile apps. The Service provides ad networks with the UID, your unique device identifier, and other information collected via automated means. Then, when you use a mobile app that has partnered with one of the ad companies, the ad company can use your unique device identifier or other automatically collected information to recognize your device. The ad company may then show you an ad or promotion that Dynata is measuring for one of our business clients. The ad company may then inform Dynata that the device associated with your UID has just received an ad or promotion, which allows Dynata to provide you with access to, or to contact you to complete, a survey regarding the ad or promotion.
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f. Personal Data Provided by Third Parties
- We may obtain Personal Data, behavioral and/or demographic information from third parties, such as data management platforms, ad networks, information service bureaus, and sample suppliers. This collection may include, but is not limited to, age, gender, geography, location, presence of children, mobile ad IDs, purchase history, advertising exposures, look-a-like segments.
2. How We May Use Your Personal Data
We may use the Personal Data we obtain from or about you for a variety of purposes, including:
- To offer you the opportunity to participate in research activities, including to join a panel, participate in surveys administered by Dynata or by third parties (whether as a panel member or a non-panel member), or use websites and mobile applications associated with panels or surveys.
- To administer, manage, fulfill, facilitate entry into, and communicate about Dynata’s reward, incentive programs and other promotions, including sweepstakes offered in connection with panel membership and/or the completion of surveys.
- To communicate with you regarding your membership with a panel owned by Dynata, or to send you notifications of your participation in a survey and tailored survey opportunities.
- To arrange for advertisements to be displayed to you outside the Service for the purposes of facilitating the completion of recall surveys.
- To provide you with Services and advertisements tailored to you based on criteria such as your interests or location information and to enable Dynata and third parties to develop marketing insights, audience/look alike models based on individual and/or aggregated profile data, and segment audiences. For example, we may develop marketing and advertising campaigns designed to target individuals who have a social and demographic profile similar to yours.
- To assess the effectiveness of online advertising and for website audience measurement, and to assist in the creation, development, and implementation of websites, online advertisements, and other Internet and digital media features, functionality, and campaigns.
- To send tailored marketing communications about Dynata and third parties products and services.
- To update Dynata’s records, perform data analyses for Dynata purposes or for our clients.
- To provide a better survey experience, including quality control, validation, tracking of completed surveys or other completed actions.
- To ensure safety and security and to detect and prevent fraud.
- To comply with our legal obligations, including, without limitation, tax obligations, or otherwise enforce or protect our rights.
- For data suppression or exclusion purposes, including, without limitation, preventing the same respondent from taking a survey more than once, complying with opt-out/unsubscribe requests, etc.
- To share your Personal Data with third parties (e.g., clients, sample suppliers, etc.) for suppression and exclusion purposes, including, without limitation, preventing a respondent from taking the same survey more than once, preventing an individual from being invited to a survey through more than one source, to comply with opt-out and unsubscribe requests for communications from or on behalf of Dynata, etc.
- As otherwise permitted pursuant to this Privacy Policy or as otherwise authorized by you.
If you are located in the European Economic Area, we may collect and use your Personal Data when:
- You consented to the use of your Personal Data. For example, we may seek to obtain your consent for our uses of cookies or similar technologies, to send you marketing communications, or to process Personal Data deemed sensitive pursuant to applicable law.
- Necessary to provide you with products and services, or to respond to your inquiries.
- We are required or authorized by applicable law to use your Personal Data.
- We, or a third party, have a legitimate interest in using your Personal Data, such as to ensure and improve the safety, security, and performance of our products and services, to anonymize Personal Data and carry out data analyses.
3. How We Share Your Personal Data
We may disclose the Personal Data we collect about you as described below or otherwise disclosed to you at the time the data is collected, including with:
- Our parent, subsidiary, and affiliates for the purposes described in this Privacy Policy.
- Our service providers who perform services and process Personal Data on our behalf. Examples of our service providers include our cloud storage providers, fraud tool providers, survey data collection platform, and sourcing suppliers. We may also share Personal Data with data brokers and data aggregators acting under our instructions and on our behalf to add to enrich our database for the development of audience insights and/or look-alike models, analytics, and marketing intelligence. We require these service providers by contract to only process Personal Data in accordance with our instructions and as necessary to perform services on our behalf or comply with legal requirements. We also require them to have safeguards designed to protect the security and confidentiality of the Personal Data they process on our behalf. In connection with sharing Personal Data with service providers as set forth above, such service providers may use such Personal Data to improve and enhance their services, in which event they are acting as data controllers and not as data processors engaged by Dynata. For a list of the service providers acting as data controllers for your Personal Data and their privacy policies, please click here .
- Program partners who invited you to join the Service and that you have enrolled through.
- Our clients for market research-related purposes (including for the creation and validation of models, fraud detection and prevention, data market segmentation and database matching, and reward, incentive, or sweepstakes redemption, fulfillment and/or entry), to enable them to develop marketing campaigns, audience insights, look-alike models and/or to market third party’s products/services to you, and for the purposes of identifying respondents for re-contact surveys or communications.
- Our client or their customers, if we believe that you have or may violate the intellectual property rights of a third party or our Terms of Service .
- With a third party in connection with any reorganization, merger, sale, joint venture, assignment, transfer, or other disposition of all or any portion of our business, assets, or stock (including in connection with any bankruptcy or similar proceedings).
- As otherwise permitted pursuant to this Policy or (i) if we are required to disclose Personal Data about you by law or legal process, (ii) in response to a request from a court, law enforcement authorities, or government officials, or (iii) when we believe disclosure is necessary or appropriate to prevent physical harm or financial loss, or in connection with an investigation of suspected or actual fraudulent or illegal activity.
We may allow a client to collect Personal Data directly from you. You are free to provide them with your Personal Data. In these situations, we enter into a written agreement with our clients to, among other things, limit their use of the Personal Data.
4. Your Rights and Choices
Subject to applicable law, you may have the right to:
- Opt out of certain collection and use of your Personal Data when we provide the Service. For more information, please log into your account and change your preferences.
- Opt out of the collection and use of certain information, which we collect about you by automated means. In certain jurisdictions, you can exercise your choice regarding the use of cookies and similar technologies via the Cookie Consent tool . Your browser may tell you how to be notified of and opt out of having certain types of cookies placed on your device. Note that without certain cookies you may not be able to use all of the features of our websites, apps or online services.
- Request access to and receive information about the Personal Data we maintain about you, to update and correct inaccuracies in your Personal Data, to restrict or to object to the processing of your Personal Data, to have the information anonymized or deleted, as appropriate, or to exercise your right to data portability to easily transfer information to another company. In addition, you may also have the right to lodge a complaint with a supervisory authority, including in your country of residence, place of work or where an incident took place.
- Withdraw any consent you previously provided regarding the processing of your Personal Data, at any time and free of charge. We will apply your preferences going forward and this will not affect the lawfulness of the processing before your consent withdrawal.
Those rights may be limited in some circumstances by local law requirements.
You can stop all collection of Personal Data and other information by us by uninstalling the Services or terminating your participation in all panels. You may use the standard uninstall processes available as part of your mobile device or via the mobile application marketplace or network or you may cancel your panelist account on the panel site. Please note that if you delete the mobile application, but maintain a profile with one of our websites, we may still collect Personal Data and other data from you through our websites. Uninstalling the mobile application will not delete all information collected by us prior to uninstalling the Services. To delete all information collected by us please contact us as set forth below.
If you would like to exercise your rights described above or terminate your account, please contact us as specified in the “How to Contact Us” section below.
5. Data Security and Data Retention
We maintain appropriate technical, administrative, and physical safeguards to protect Personal Data and other information disclosed or collected by us against accidental, unlawful or unauthorized destruction, loss, alteration, access, disclosure or use. We review, monitor, and evaluate our privacy practices and protection systems on a regular basis. Despite the safeguards we implement, transmissions over the Internet or a mobile network are not totally secure, and therefore we cannot guarantee the security of online transmissions. We are not responsible for any errors by individuals in submitting Personal Data to us.
We also take measures to delete your Personal Data or keep it in a form that does not permit identifying you when this information is no longer necessary for the purposes for which we process it, unless we are required by law to keep this information for a longer period. When determining the retention period, we take into account various criteria, such as the type of products and services requested by or provided to you, the nature and length of our relationship with you, possible re-enrolment with our products or services, the impact on the services we provide to you if we delete some information from or about you, mandatory retention periods provided by law and the statute of limitations.
6. Data Transfers
Your Personal Data may be transferred to recipients in countries other than the country where you are located, including to the United States where Dynata Global UK Limited’s parent company and Dynata is headquartered. These countries may not have the same data protection laws as the country in which you initially provided the information. When we transfer your Personal Data to other countries, we will protect that information as described in this Privacy Policy or as disclosed to you at the time of the collection.
If you are located in the European Economic Area or Switzerland, we comply with applicable legal requirements providing adequate safeguards for the transfer of Personal Data to third countries.
7. Do Not Track
Do Not Track (“DNT”) is a preference in your browser that you can set to notify websites that you visit that you do not want the websites to collect certain information about you. Dynata does not respond to DNT signals. If you object to Dynata’s practice with regards to DNT signals, you may opt-out from participation or use of Dynata’s services as described below.
In connection with Dynata’s online ad effectiveness program, Dynata permits Dynata’s subcontractors, partners and/or clients to drop, set, and/or write third party technologies for the purpose of facilitating audience measurement and ad recall survey activities. Dynata is not responsible for any third party’s compliance with or response to DNT signals.
8. No Children
The Service is not designed for, or intended for use by, any individual under the age of 16 We do not knowingly collect Personal Data from children under the age of 16, and if we became aware that we have inadvertently collected Personal Data from a child under the age of 16, we will undertake reasonable commercial efforts to delete such Personal Data.
9. Updates to This Privacy Policy
This Global Privacy Notice may be updated periodically to reflect changes in our Personal Data practices. We will post a prominent notice on relevant websites to notify you of any significant changes to our Global Privacy Notice and indicate at the top of the Notice when it was most recently updated. If we update our Global Privacy Notice, in certain circumstances, we may seek your consent.
10. How to Contact Us
If you have any questions or comments regarding our privacy practices or this Privacy Policy or if you would like to opt out of certain uses of your Personal Data, exercise your rights in relation to the Personal Data we hold about you or make a complaint about our privacy practice, please feel free to contact Dynata Global UK Limited or Dynata LLC as described below.
- Dynata Global UK Limited: write to us at privacy@researchnow.com or to Devon House 58 St. Katharine’s Way, London, United Kingdom E1W 1JP, Attention: Data Protection Officer.
- Dynata LLC: write to us at privacy@dynata.com or to 4 Research Drive, Shelton, CT 06484 United States.
Dynata, LLC (f/k/a Survey Sampling International, LLC)
Terms & Conditions
1. Applicability; Agreement.
These Terms and Conditions (these “ Terms”) govern and apply to your use of Dynata’s services, including, without limitation, (1) membership with an Dynata panel or subpanel, including, without limitation, Survey Spot Research Panel, OpinionWorld Research Panels, Choozz Research Panels, Opinion Outpost Research Panels and YourVoice Research Panels (individually a “ Panel” and collectively the “ Panels”), (2) use of and/or access to any Panel website (individually a “ Website” and collectively the “ Websites”), (3) participation in any survey or study offered, provided, hosted or administered by or through Dynata, and (4) your eligibility for, and/or redemption of, rewards, incentives and prizes offered for certain actions and activities, including, without limitation, successfully completing surveys (collectively, the “ Services”).
All references in these terms to “ Dynata” include Dynata, LLC (f/k/a Survey Sampling International, LLC) and its parents, subsidiaries and affiliates. All references in these Terms to “ us” or “ we” refer to Dynata.
By accessing, using and/or participating in the Services you hereby expressly agree to comply with, and be bound by, these Terms.
Dynata reserves the right to refuse, restrict, prohibit or reject your access to, use of, and/or participation in the Services, at any time and for any reason.
2. Membership Eligibility.
Panel membership is generally open to individuals who satisfy the requirements for membership, including, without limitation, the minimum age requirement and geographic location requirement. The requirements for Panel membership may vary for each Panel. We only allow one member per unique email address. Dynata may refuse to provide the Services to anyone, at any time and for any reason or no reason.
3. Use of the Services.
The Services are for personal, non-commercial use. You may use the Services only when and as available. Dynata reserves the right to change, modify or eliminate, and/or restrict or block access to, all or any part of the Services, without notice, at any time, for any reason or no reason.
Dynata provides Panel members and non-Panel members with the opportunity to participate in surveys. Participation in surveys is voluntary. By agreeing to become a Panel member, you agree to receive invitations to participate in surveys. Additionally, Dynata may provide Panel members with the opportunity to communicate with other Panel members and/or Dynata. You may unsubscribe from Panel membership at any time, see Section 10 “Opt Out Policy” below.
4. Panel Registration; Passwords.
You may access any Website(s) as a visitor without registering for membership with the Panel associated with the Website(s) and without providing or disclosing personal information.
In order to register as a Panel member, you must register with or for the Panel and provide certain personal information. Panel members and non-Panel members are required to truthfully provide all information. Dynata reserves the right to restrict or prohibit your use of, access to and/or participation in the Services if you provide, or Dynata reasonably suspects that you have provided, information that is untrue, inaccurate, not current or incomplete.
Dynata will either: (i) issue a user name and password to a Panel member, or (ii) permit a Panel member to create his/her own user name and password. Panel members are solely responsible for the security of their user names and passwords and will be solely liable and responsible for any use, whether authorised or unauthorised, of their membership accounts. Dynata strongly recommends against the use of a social security number, financial account number, or any other identification or account number, as a user name or password.
Panel membership is specific to the individual who registers for membership with the Panel.
You acknowledge that you are accessing, using and/or participating in the Services in the capacity of an independent contractor, and no agency, partnership, joint venture, employee-employer or franchisor-franchisee relationship is intended or created by this agreement.
5. Unauthorised Uses.
You agree not to: (i) use spiders, robots or other automated data mining techniques to catalogue, download, store, or otherwise reproduce or distribute data or content available in connection with the Services, or to manipulate the results of any survey, prize draw or contest; (ii) take any action to interfere with any Website(s) or an individual’s use of any Website, including, without limitation, by overloading, “flooding”, “mail bombing” or “crashing” any Website; (iii) send or transmit any viruses, corrupted data, or any other harmful, disruptive or destructive code, file or information, including, without limitation, spyware; (iv) collect any personally identifiable information of or about any other user of the Services; (v) send unsolicited emails, including, without limitation, promotions and/or advertising of products or services; (vi) open, use or maintain more than one (1) membership account with a Panel; (vii) Forge or mask your true identity; (viii) frame a portion(s) of any Website within another website or alter the appearance of any Website; (ix) establish links from any other website to any page of, on or located within any Website or to the Services, without the prior express written permission of Dynata; (x) post or transmit any threatening, libellous, defamatory, obscene, pornographic, lewd, scandalous or inflammatory material or content or any material or content that could otherwise violate Applicable Laws (as defined herein); (xi) engage in any fraudulent activity, including, without limitation, speeding through surveys, taking the same survey more than once, masking or forging your identity, submitting false information during the registration process, submitting false or untrue survey data, redeeming or attempting to redeem rewards, prizes and/or incentives through false or fraudulent means, and tampering with surveys; (xii) reverse engineer any aspect of the Services or do or take any act that might reveal or disclose the source code, or bypass or circumvent measurers or controls utilised to prohibit, restrict or limit access to any webpage, content or code, except as expressly permitted by Applicable Laws; (xiii) engage in any criminal or illegal act(s); (xiv) use Restricted Content (as defined herein) in violation or breach of these Terms; or (xv) encourage and/or advise any individual, including, without limitation, any Dynata employee, to commit any act(s) prohibited hereunder.
You acknowledge and agree that Dynata will fully cooperate with all legal disclosure request(s) (e.g. court order or subpoena).
6. Restricted Content.
In connection with your use of, access to and/or participation in the Services, you may have the opportunity to review or access confidential and proprietary information, materials, products and content (“ Restricted Content”) belonging to Dynata and/or Dynata’s clients, partners and/or licensers. Restricted Content is and shall remain the sole and exclusive property of the owner of the Restricted Content. In no event shall you obtain or receive any right, title and/or interest in or to any Restricted Content. You agree to protect the confidentiality and secrecy of the Restricted Content and you agree not to modify, copy, reproduce, republish, display, transmit, distribute, reverse engineer, create derivative works of, decompile, or otherwise use, alter or transfer Restricted Content without the prior express written consent of Dynata. You acknowledge and agree that Restricted Content may be subject to, and protected by, intellectual property laws, regulations and codes. You further acknowledge and agree that if you breach or otherwise violate the restrictions, limitations and prohibitions contained in this Section, in addition to any other rights or remedies available to Dynata, Dynata reserves the right to terminate, prohibit or restrict your use of, access to and/or participation in the Services.
7. User Content.
You are solely liable and responsible for all content, materials, information and comments you use, upload, post or submit in connection with the Services (“ User Content”). You are solely responsible for all third party approvals, consents and/or authorisations required for User Content. If you submit User Content, the User Content may become publicly available and may be shared with third parties including, without limitation, Dynata’s clients, clients of Dynata’s clients and third party service providers. User Content should only include audio, video, images, or the likeness of the individual submitting the User Content and should not contain copyrighted or trademarked content or material of any third party. User Content should not include audio, video, images or the likeness of anyone other than the user. You will not receive compensation for any User Content. If you would like information about the identity of the sponsor of a survey in which you submit photos or videos, please contact Dynata as set forth in Dynata’s Privacy Policy. In order to identify the specific survey, you will need to provide Dynata with your email address and information on the specific survey (e.g., survey number, survey topic or subject matter, date you completed the survey, etc.).
By using, uploading, posting or submitting User Content in connection with the Services, you hereby grant to Dynata a perpetual, irrevocable, unlimited, transferrable, sub-licensable, world-wide, royalty free, right and licence to edit, copy, transmit, publish, display, create derivative works of, reproduce, modify, distribute and otherwise use, modify or distribute your User Content in any manner, without compensation or notice.
You are solely responsible for the User Content, Dynata does not and cannot review all User Content and Dynata is not responsible for the User Content. Dynata reserves the right to delete, move or edit User Content, that is, in Dynata’s sole discretion, deemed to: (i) violate these Terms, (ii) violate copyright or trademark laws, or (iii) be abusive, defamatory, obscene or otherwise unacceptable.
8. Rewards Programme.
1. In connection with your use of the Services, you may have the opportunity to accumulate rewards, incentives, and entries into prize draws or sweepstakes. Information, official rules, and terms and conditions for rewards, incentives, and prize draws or sweepstakes may be available in these Terms, on the Website for a Panel, at the beginning or end of a survey, in survey invitations, on the website(s) or webpage(s) for redeeming rewards, incentives, and prizes, and/or may be described in any newsletter or other communication distributed or published by Dynata.
2. All points posted to a Panel member’s account expire one (1) year following posting, unless the points are forfeited or cancelled earlier due to membership or account inactivity or as otherwise set forth in these Terms. Panel member accounts are not actual bank or financial accounts and do not accrue or accumulate interest of any kind.
3. Points posted in connection with the Services do not constitute property of the Panel member, cannot be transferred during or after the Panel member’s life, by operation of law or otherwise, and have no value until presented by the Panel member for redemption in accordance with these Terms.
4. In the event that any points or incentive have been erroneously posted to a Panel member’s account, Dynata may remove them from the Panel member’s account.
5. Points will be deducted from the Panel member’s account at the time the redemption request is made.
6. All redemptions are final and rewards may not be returned for credit except as otherwise provided in these Terms or as otherwise agreed to in writing by an authorized representative of Dynata.
7. In order to redeem under Dynata’s reward program, the minimum threshold of 1,250 points must be satisfied. If you do not satisfy the foregoing threshold, you will not have a redemption option under Dynata’s rewards program.
8. Dynata may modify, alter, delete or add new terms and conditions for its rewards program or the Services at any time without notice. For Dynata this includes, without limitation, modifying, altering, adding or deleting point values, redemption levels, conversion ratios, conditions for status, conditions for membership, and conditions for earning incentives or rewards, at any time without notice. In addition, Dynata may terminate or cease offering any incentive or reward in connection with Dynata’s rewards program, at any time without notice.
9. You may not combine your points with points belonging to any other member, including, without limitation, any family member or friend.
10. Dynata make no representations or warranties of any kind, express or implied, regarding any product or service received in connection with Dynata’s rewards program, including, without limitation, any warranty of merchantability or fitness for a particular purpose. Dynata is not, and will not be, liable or responsible for the performance of, or for the failure of the performance of, any product or service for which points, incentives, or rewards are redeemed for. In addition, Dynata is not and will not be responsible or liable for any cost, damage, accident, delay, injury, loss, expense, or inconvenience that may arise in connection with the use of, or defect in, any product or service for which points, incentives, or rewards are redeemed for. Dynata will not replace any lost, stolen, misplaced, or damaged incentives or rewards.
11. YOU HEREBY EXPRESSLY ACKNOWLEDGE AND AGREE THAT THE POINTS, INCENTIVES, OR REWARDS EARNED THROUGH THE SERVICES MAY BE SUBJECT TO TAX, WHICH IS THE SOLE RESPONSIBILITY OF THE PANEL MEMBER. Dynata may provide you and/or the appropriate government agency or taxing authority with information related to any payments or incentives you earn in connection with your use of Dynata’s services. You agree to provide Dynata with all required information to assist Dynata in complying with its reporting or withholding obligations. Dynata may withhold any tax from any incentive or reward as required by applicable law.
12. Every month Dynata donates $10,000 to American Red Cross. This donation is separate to the incentives you receive for surveys, and does not come from your points balance. This does not constitute a donation on your behalf so is not tax deductible for you, and is not dependent on the number of surveys members participate in, but is one way Dynata is aiming to give back to the global community.
13. Dynata uses reasonable efforts to ensure that points are credited and debited appropriately; however, panelists should review their account to ensure that their account correctly identifies the posted points, incentives, or rewards, and reflects all of the appropriate redemption transactions. If you feel that your account was not credited or debited correctly or reflects incorrect redemption transactions, please send an email to support@myopinions.com.au. Any email sent to Dynata should include the panelist’s name, email address and specific information on the subject matter. Dynata will use reasonable efforts to investigate the matter and to respond back to the panelist promptly. Dynata’s decision is final and binding.
14. The suppliers or providers of the products or services offered in connection with Dynata’s rewards program, and/or the owners or operators of the website(s)/webpage(s) on which redemption transactions occur, may have their own terms and conditions; please review these terms and conditions carefully.
15. Personal information may have to be collected, processed, and/or disclosed in connection with Dynata’s rewards program and/or any request to redeem a reward or incentive. By agreeing to these Terms, you hereby agree to the collection, processing, and/or disclosure of your personal information for such purpose(s) and all such personal information shall be subject to the terms set forth in Dynata’s privacy policy.
16. If a Panel member elects to donate points to one of the charities approved by Dynata, Dynata will donate said points to the selected charity. The donation is not made by or on behalf of Dynata and Dynata does not and will not match any donation. Please note that the donation option is not available on every panel owned and/or operated by or on behalf of Dynata, please check the redemption options available for the panel to which you belong.
9. Profile Updates.
Panel members agree to promptly notify Dynata of any changes in or to information contained in their member profile. Panel members agree to review and update, as necessary, membership profiles no less frequently than once every six (6) months. A Panel member may update, correct and/or delete information contained in his or her membership profiles by: (i) accessing his or her Panel membership account; or (ii) sending an email to the appropriate Panel member services team for the appropriate Panel.
10. Opt-Out Policy.
Panel members may opt-out from using the Services (including, without limitation, from receiving newsletters or communications), at any time, by: (i) following the unsubscribe procedures described on the applicable Website(s) or contained in any email received from Dynata; or (ii) by sending an email to the Panel member services team. Dynata shall use reasonable efforts to read and respond to each email request within a reasonable period of time after receipt. Upon termination, a Panel member’s contact information will be removed from any further communication or contact lists. Please allow a few days for the complete removal of contact information from Dynata’s communication or contact lists for the applicable Panel; during which period the member may receive communications which were created or compiled prior to termination. Please see Privacy Policy for information on how Dynata handles information and data following an unsubscribe, termination or opt-out request (“ Dynata’s Privacy Policy”).
11. Links.
In connection with your use of the Services, you may be able to voluntarily link or connect to websites maintained and/or operated by third parties (“ Third Party Websites”). Dynata does not endorse any Third Party Website nor any products, services and/or opportunities advertised, offered and/or sold by, through or in connection with any Third Party Website (“ Third Party Information”). Dynata does not make any representations or warranties regarding the Third Party Websites and/or the Third Party Information. Please carefully review all policies and terms applicable to the Third Party Websites and the Third Party Information.
12. Communications with Dynata.
All communications (excluding personal information) and User Content submitted or transmitted by You to Dynata, by electronic mail or otherwise, shall be treated as non-confidential and non-proprietary information, unless specifically indicated by You either prior to, or contemporaneously with, the submission or transmission of such communications and User Content. You agree that any such communications and User Content may be used by Dynata for any legal reason.
13. Privacy.
Dynata takes your privacy very seriously. For information about Dynata’s privacy practices, please review Privacy Policy.
14. Disclaimer.
THE SERVICES, INCLUDING ALL INFORMATION, SURVEYS, CONTENT, MATERIAL, COMMENTARY AND SERVICES MADE AVAILABLE ON, OR THROUGH, THE SERVICES, ARE PROVIDED “AS IS”. Dynata DOES NOT MAKE ANY REPRESENTATIONS OR WARRANTIES OF ANY KIND WHATSOEVER IN CONNECTION WITH ANY INFORMATION, CONTENT, MATERIAL, COMMENTARY, SURVEYS, PRODUCTS OR SERVICES MADE AVAILABLE ON, OR THROUGH, THE SERVICES, INCLUDING, WITHOUT LIMITATION, ANY USER CONTENT. FURTHER, Dynata HEREBY DISCLAIMS ANY AND ALL WARRANTIES, WHETHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF NON-INFRINGEMENT, MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. Dynata DOES NOT WARRANT THAT THE TOOLS, TECHNOLOGY OR FUNCTIONS CONTAINED IN THE SERVICES OR ANY CONTENT, MATERIAL, COMMENTARY, INFORMATION AND/OR SERVICES CONTAINED THEREIN, WILL BE UNINTERRUPTED OR ERROR FREE, THAT DEFECTS WILL BE CORRECTED, THAT THE SYSTEMS OR THE SERVER(S) THAT SUPPORT THE SERVICES AND MAKE THE SERVICES AVAILABLE WILL BE CORRECTED, OR THAT THE SERVICES AND/OR THE SYSTEMS AND/OR THE SERVER(S) THAT SUPPORT THE SERVICES ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. Dynata DOES NOT PROVIDE ACCESS OR CONNECTION TO THE INTERNET AND IS NOT AND SHALL NOT BE RESPONSIBLE OR LIABLE FOR THE ACTIONS OR OMISSIONS OF THIRD PARTIES THAT INTERFERE WITH, LIMIT, RESTRICT OR PREVENT ACCESS OR CONNECTION TO, OR USE OF, THE SERVICES.
15. Changes.
Dynata hereby reserves the right, in Dynata’s sole discretion, to make changes to these Terms. Dynata encourages you to review these Terms on an ongoing basis. Dynata will obtain your consent prior to changes that are of such nature that consent is needed or required. For changes that do not require consent, your continued use of, access to and/or participation in the Services does and will constitute your acceptance of these Terms as amended.
16. Indemnification.
You agree to indemnify, defend and hold harmless Dynata and its parent, affiliated and subsidiary companies and its and their respective members, managers, shareholders, directors, officers, employees and agents from and against any and all claims, liabilities, losses, judgments, awards, fines, penalties and costs and/or expenses of any kind, including, without limitation, reasonable lawyers’ fees and court costs, arising out of, resulting from, or caused by, whether directly or indirectly,: (i) your breach or violation of these Terms; and/or (ii) your use of, participation in and/or access to the Services.
17. Limitation of Liability.
EXCEPT TO THE EXTENT PROHIBITED BY APPLICABLE LAWS, YOU ACKNOWLEDGE AND AGREE THAT IN NO EVENT WILL Dynata BE LIABLE, OR OTHERWISE RESPONSIBLE, TO YOU FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL AND/OR PUNITIVE DAMAGES, FOR ANY REASON(S) OR FOR ANY CAUSE(S), REGARDLESS OF WHETHER Dynata IS INFORMED OF THE POSSIBILITY THE SUCH DAMAGES MAY EXIST.
ANY CLAIM OR CAUSE OF ACTION ARISING OUT OF OR RELATED TO USE OF THE SERVICES AND/OR THESE TERMS MUST BE FILED WITHIN ONE (1) YEAR AFTER SUCH CLAIM OR CAUSE OF ACTION AROSE.
18. Compliance with Applicable Laws.
You acknowledge and agree that you will comply with all applicable international, national, Federal, state and/or local laws, codes, regulations, rules and/or requirements (“ Applicable Laws”) regarding your use of, participation, in and/or access to the Services.
19. Suspension; Termination; De-Activation of Panel Membership Accounts.
Either party may terminate your membership with a Panel at any time, with or without cause, for any reason or no reason, and without liability for the termination.
In addition to any and all other available remedies, Dynata may, without notice, suspend and/or terminate your use of, access to, and/or participation in the Services if you are in breach or violation of these Terms. If Dynata terminates your membership due to your breach or violation of these Terms: (i) you forfeit all rights, title, and interest in and/or to all unredeemed rewards, incentives, and/or prizes, effective immediately upon termination; (ii) your membership will immediately be canceled; and (iii) your access to, participation in, and use of the Services (including, without limitation, the participation in survey projects) will immediately cease.
In the event that a non-Panel member breaches or otherwise violates these Terms, such non-Panel member hereby agrees that: (a) all rights, title, and interest in and/or to all unredeemed rewards, incentives, and/or prizes (if any), will be forfeit effective immediately upon termination; and (b) access to, use of, and participation in the Services will immediately cease.
In addition, Dynata reserves the right to de-activate your Panel membership account: (a) if your membership account does not remain Active (as defined herein); (b) if Dynata receives a hard bounce or delivery failure notice in regards to email communications sent by Dynata to your email account; or (c) if Dynata receives a “mailbox full” reply notice three (3) times in regards to email communications sent by Dynata to your email account. For the purpose of these Terms, “Active” means that you: (i) participate in a survey, at least, once every six (6) months; or (ii) update your profile or member information, at least, once every six (6) months.
In the event of deactivation, termination by you, or termination by Dynata (other than for your breach or violation of these Terms), Dynata shall maintain a record of the posted, unredeemed rewards, incentives, and/or prizes and shall allow you to redeem such rewards, incentives, and/or prizes for a period of thirty (30) days following the effective date of the termination or deactivation of your account.
20. Dynata Employees.
A. Restriction. Dynata employees and their Immediate Family Member(s) (as defined herein) are not eligible to receive any payments, prizes or incentives for using, participating in, or accessing the Services. For the purpose of this Section 20, the term “ Immediate Family Member(s)” includes parents, spouses, children or significant others (i.e. girlfriends/boyfriends, domestic partners and spousal equivalents).
B. Procedures. Dynata’s employees may use, access or participate in the Services, only after receiving written permission from their respective manager, and only for the sole purpose of improving Dynata’s products and/or services. Dynata’s employees must always be honest and report accurate information in connection with using, accessing or participating in the Services. If altered, false or untrue information or data must be used, prior consent and approval must be received from Dynata’s Chief Executive Officer.
C. Improper Conduct. Unless authorised pursuant to these Terms or otherwise approved in writing by Dynata’s Chief Executive Officer, the violation of the terms of this Section 20 by an Dynata employee and/or its Immediate Family Member(s) is a violation of Dynata’s standards of conduct and any such violation may subject the employee to discipline, including, without limitation, termination of employment.
21. Notices.
A. Notice From You to Dynata. Except as otherwise set forth herein, or as required by Applicable Laws, all notices to be sent or provided to Dynata should: (i) be correctly addressed to the applicable business address, and shall be sufficiently delivered if delivered: (a) by Federal Express, Express Mail or other nationally or internationally recognised overnight courier service (in which case notice shall be effective one (1) business day following dispatch); or (b) by certified mail, return receipt requested, postage prepaid (in which case notice shall be effective six (6) days following deposit in mail); or (ii) be sent via email to the appropriate member services team for the appropriate Panel.
B. Notice From Dynata to You. Except as otherwise required by Applicable Laws, you agree that Dynata may provide notices to you: (i) via the email address provided by you to Dynata (in which case notice shall be effective one (1) day following the date the email was sent, provided that Dynata did not receive an error message stating that delivery of the email was delayed, that the email address was invalid, or that the email otherwise could not be delivered); (ii) by certified mail, return receipt requested, postage prepaid addressed to the address provided by you to Dynata (in which case notice shall be effective six (6) days following deposit in mail); or (iii) by posting notices on the applicable Website(s). You agree to check the applicable Website(s) frequently for notices and to keep your personal information up-to-date.
C. Legal Notice. All questions regarding these Terms and all legal notices should be sent, in accordance with Section 21.A. of these Terms, to:
Dynata, LLC
6 Research Drive
Shelton, Connecticut 06484, USA.
Attn: Legal Department
or via email to: privacy@dynata.com
22. Severability.
If any term or provision of these Terms shall be held or declared to be invalid or unenforceable for any reason by any court of competent jurisdiction, such term or provision shall be deemed null and void and shall not affect the application and/or interpretation of these Terms. The remaining terms or provisions of these Terms shall continue in full force and effect, as if the invalid or unenforceable term or provision was not a part of these Terms.
23. Governing Laws; Jurisdiction and Venue.
These Terms and your access to, use of, or participation in the Services shall be governed by and construed in accordance with the laws of the state of Connecticut, USA, without regard to any portion of any choice of law principles (whether those of Connecticut or any other jurisdiction) that might provide for application of a different jurisdiction’s laws. All claims or disputes arising in connection with these Terms and/or your access to, use of or participation in the Services, shall be subject to the exclusive jurisdiction of the state or Federal courts located in Fairfield County, Connecticut, USA.
24. Miscellaneous Terms.
The headings contained in these Terms are for reference only and shall have no effect on the interpretation and/or application of these Terms. Dynata’s failure to enforce a breach by you of these Terms shall not waive or release you from such breach and shall not waive, release or prevent Dynata from enforcing any subsequent breach by you of these Terms. These Terms, any rules, terms or policies referenced herein or incorporated herein, and any Panel specific requirements, represent the entire understanding and agreement between Dynata and you with respect to the subject matter hereof.
Last Updated: 09-03-2019
SSI [Opinion Outpost, SurveySpot, QuickThoughts, OpinionWorld, Centro De Opinion, ProOpinion, It Influencers, iPoll, Opinion Miles Club, Miles for Thoughts, Save With Surveys, Survey Points Club, Que Crees, Points for Surveys, Opinion Rewards Panel, Opinions Take Flight, Opinion Check In, Club Opinions, Your Voice, Smile City, MyOpinions] Privacy Policy for Residents of Every Country Except EU Countries and Mexico
First Effective: August 15, 2013
This Version: Effective April 1st, 2017
The following sets forth the privacy policy for the Survey Sampling International, LLC online panel communities, the Survey Sampling International, LLC panel websites and/or the Survey Sampling International, LLC mobile applications (collectively “Application/Services”) offered by Survey Sampling International, LLC and its parent, subsidiary and affiliated companies (collectively “SSI”).
This Privacy Policy sets forth the collection, use and disclosure of personal data or personally identifiable information (“PII”) and other information by SSI in connection with SSI’s Services as defined herein and other SSI and third party activities as defined herein (“Non-Research Activities”). SSI’s Services provide you with the opportunity to join a panel, participate in surveys administered by SSI or by third parties (whether as a panel member or a non-panel member), use the websites associated with the panels, use the Application/Services associated with the panels, and receive and redeem rewards and incentives, including, without limitation, sweepstakes entries, offered in connection with panel membership and/or the completion of surveys (collectively “Services”). Non-Research Activities include, but are not limited to, SSI marketing SSI Services and/or third parties marketing their services to you and/or sharing individual and/or aggregate profile data with third parties to develop marketing insights and/or audience/look alike models. Non-Research Activities are described in more detail in this Privacy Policy.
Your use of SSI’s Application/Services is completely voluntary and therefore SSI’s processing of your PII in connection with the Application/Services and Non-Research Activities and this Privacy Policy is with your consent.
Surveys administered by third parties and the data collected in connection therewith are not subject to this Privacy Policy. Registration with, use of, and access to SSI’s Services is subject to SSI’s Terms and Conditions. In most cases SSI is not the sponsor of the survey and the survey instrument, and the survey results or survey data, are and will be owned by the sponsor of the survey.
All references in this Privacy Policy to “SSI” include SSI and its parent, subsidiary and affiliated companies. All references to “us” or “we” refer to SSI. All PII is stored on servers located in the United States, where SSI’s servers are located and accessible globally to SSI employees and/or agents. For purposes of this policy, respondent shall mean any individual who participates in SSI Services, including passive data collection and/or participates in the Non-Research Activities described herein. For purposes of this policy, online shall include mobile web browsing,
What personal data and other information does the Application/Services collect and how is it used?
SSI collects personally identifiable information (“PII”) from research participants during and after registration with a panel, including, without limitation, during participation in a survey and in connection with the receipt and redemption of rewards and incentives and/or during the Application/Services registration and download process. You will be asked to provide certain PII and demographic information, including, without limitation, your name, address(es), telephone number(s) (including home, cell, and/or business telephone numbers), email address(es), date of birth, and occupation/education, the unique panelist/respondent identification number we assign to you when you sign up for an account (individually a “UID” and collectively “UIDs“), and racial and gender information. In addition to the collection of PII mentioned above, during and subsequent to the registration process, you may be asked to voluntarily provide or disclose Sensitive Data. “Sensitive Data” means PII that discloses or reveals health and medical conditions, sexual orientation or sexual life, political opinions/views, race/ethnic origin, religious and philosophical beliefs and trade-union membership. Sensitive Data is used to target survey opportunities to you and as otherwise set forth in this Privacy Policy.
SSI collects PII and demographic information from non-panel members prior to and during participation in a survey.
SSI provides its clients and/or its advertising partners with information about your device, including but not limited to, the device’s IDFA or Advertising ID and interactions with the Application/Services with your consent. SSI, the clients and/or ad partners may use this information to facilitate SSI surveys, for marketing of SSI products and services to you, for unrelated interest-based advertising, to link your device to additional data about you and/or your device available from third party data management platforms and/or to validate certain information you provide about yourself and/or your device. Click here to learn more about some of our ad partners, including how to subsequently opt-out.
Additional information you submit.
You may submit, upload or transmit content or material, including, without limitation, photos, videos, and/or any other similar or related content or material which may include your PII (“User Content“), for example, when completing surveys. PII included in User Content shall be collected, used and disclosed as set forth in this Privacy Policy. User Content should not include audio, video, images, or the likeness of anyone other than you.
Information collected through automated means:
The Application/Services also collect certain information automatically, such as information about your device and device capabilities, including, without limitation, the device operating system, the other applications on your device, IP address, device network provider, device type, time zone, network status, browser type, browser identifier, unique device identification number (such as identifiers for analytics or advertising), network provider user ID (a number uniquely allocated to you by your network provider), Media Access Control (MAC) address, International Mobile Equipment Identity, location and other information that alone or in combination may be used to uniquely identify your device. Specific examples of this data and the technology that collects it are below:
Geo-location data. The Application/Services will request your permission to obtain geo-location information from your mobile device, and such geo-location information may be provided by the Application/Services at any time, whether the Application/Services is open or not. If you consent to sharing your geo-location data, in addition to the uses set forth under “SSI’s use of information” below, SSI will also use your location information to offer you the option to participate in location-based surveys and market research and/or to share such geolocation data with third party clients to demonstrate certain location and/or traffic patterns of Application/Services participants. In addition, SSI may share your geo-location data with third party vendors to identify commercial addresses near your location, such as stores or restaurants. To learn more about such vendors, please visit www.placed.com for a description of the services they provide and how the geo-location data is used, including the vendor’s use of such data for location-based advertising.
Geo-location data also may be used by ad networks to provide you with location-based advertising. The ad networks’ use of data, and how to opt out, are described in more detail below.
If you no longer wish to share your geo-location data through your device, please change the privacy settings in your device for the Application/Services.
Application/Services and functionality. SSI may request access to certain applications and/or functionality available on or through your device for use in connection with the Application/Services and the Services. Access shall be requested via push notification or other alerts and access will only be granted with your consent. If you consent, you may subsequently opt-out by changing your settings on the device.
Social media information. You may also be offered the opportunity to access the Application/Services through third party social media platforms. If you select such option, SSI may collect certain profile information stored in your social media platform account.
Cookies and Similar Technology. Cookies are small files that store certain data on a device. Session cookies expire when you close your browser. Persistent cookies remain on your device until deleted or once they reach a defined expiration date. You may set your browser to notify you when you receive a cookie.
First party and third party cookies and other similar or related technology and device identifiers (e.g., IDFAs, AAIDs, etc.) may be placed, written, set, and/or read for several purposes including, without limitation, to provide a better survey experience, quality control, validation, to enable or facilitate survey participation, tracking of completed surveys or other completed actions, for fraud detection and/or prevention, online ad effectiveness research, website tracking and audience measurement, to develop audience insights and/or look-alike models in connection with marketing campaigns, and for the purpose of targeting advertisements and other content to individuals, subject to your consent where required by applicable law. However, for certain cookies and/or similar or related technology, if you decide not to accept cookies, you will not be able to use the Application/Services.
Cookies are described in more detail here:
Essential
No opt out available.
| ESSENTIAL
No Opt Out is Available for These Cookies |
| SSI-ASPXAUTH |
Session cookie |
| ANYSSIDOMAIN#lang |
Display the proper language |
| ASP.NET_SessionId |
Session cookie |
| ISIStest |
Imperium RelevantID |
| JSESSIONID |
NewRelic Performance Monitoring – Session Cookie |
| PHPSESSID |
FraudLogix Fraud Prevention |
| PHPSESSID |
Session cookie |
| Session |
Session cookie |
| RVCOOKIE |
Imperium RelevantID/Fraud prevention |
| RVIDExtId |
Imperium RelevantID/ Fraud prevention |
| __EC_TEST__ |
Imperium RelevantID/Fraud prevention |
| dkp___id |
DubKnowledgeRouting |
| sfcRelevantId |
Imperium RelevantID/ Fraud prevention |
| thx_guid |
ThreatMetrix |
Analytics
Opt out by visiting http://www.aboutads.info/choices/.
|
ANALYTICS AND CUSTOMIZATION
Opt out by visiting http://www.aboutads.info/choices/ |
| Google Analytics |
Ad Targeting, Analytics/Measurement, Optimization |
Opt out instructions provided via each link below.
Log Files . The Application/Services may automatically gather and store certain information, including, without limitation, data available from your web browser, including, without limitation, IP Address, browser type, internet service provider, referring/exiting pages, operating system, date/time stamp, and click stream data in log files.
Digital Fingerprinting. Generally, digital fingerprinting assigns a unique identifier to your device based upon the device’s technical settings, characteristics, and IP Address. SSI uses digital fingerprinting technology for quality control and validation purposes and fraud detection and/or prevention, including, without limitation, identifying duplicate or fraudulent respondents. SSI may implement and use digital fingerprinting directly or through a third party vendor with your consent where required by applicable law.
Watermarking. Generally, watermarking involves placing a technology or file on your device to identify that it has previously been used to register with or access the Application/Services or the Services. Watermarking is used for quality control and validation purposes and fraud detection and/or prevention purposes. SSI may engage in watermarking activities directly or through a third party vendor with your consent where required by applicable law.
In some cases, we may use information collected through automated means, along with other information, to recognize users (or households) across platforms or across devices, such as smartphones, computers, tablets or related browsers, for the purposes described in this Privacy Policy.
Information collected from third parties
SSI may obtain PII, behavioral and/or demographic information from third parties, including, without limitation, data management platforms, ad networks, information service bureaus, other sample suppliers and/or social media platforms. SSI may use the PII, behavioral and/or demographic data received from these third parties for various purposes, including, without limitation, data validation, data append, developing marketing insights, fraud detection purposes, and/or sending you a one-time email to invite you to participate in a survey and/or join a Panel. In addition, geolocation data, including information regarding retail and other commercial enterprises you may visit while the geolocation feature is enabled, may be appended to your panel profile and/or shared with SSI’s clients if you elected to opt in to the geolocation services.
How does SSI use the information it collects?
SSI’s use of information:
In addition to the purposes described above, SSI uses personal data collected through the Application/Services as follows: (i) to communicate with you regarding your membership with a survey panel(s) owned by SSI; (ii) to communicate with you regarding your participation in a survey(s); (iii) to tailor survey opportunities to you and to arrange for advertisements to be displayed to you outside the Application/Services for the purposes of facilitating the completion of advertisement recall surveys; (iv) to send you notifications of survey opportunities; (v) to comply with any and all legal obligations, including, without limitation, tax obligations; (vi) to administer and manage SSI’s reward and incentive programs and fulfill your requests for rewards and incentives; (vii) to facilitate your entry into SSI’s sweepstakes and promotions and communicate with you regarding such entries; (viii) to update SSI’s records; (ix) to comply with any data suppression obligations or requirements; (x) for fraud detection and/or prevention purposes; (xi) to link your device and/or profile to additional information available about you and/or your device available from data management platforms (“DMP”); (xii) to market SSI products/services to you; (xiii) to enable third parties to market their products/services to you; (xiv) to enable SSI or third parties to develop marketing insights and/or audience/look alike models; (xv) to validate the profile information you provided to us; and/or (xvi) as otherwise permitted pursuant to this Policy or as otherwise authorized by you. SSI may use information collected in the context of the Application/Services in connection with other survey panels that SSI administers and/or in connection with Non-Research Activities. With respect to the linking of Application/Services data to third party DMP data, SSI uses such data itself and/or permits SSI’s clients and/or the DMP itself to use such data to provide you with survey opportunities, to measure advertising effectiveness (as described in more detail below), to segment audiences; to design advertising campaigns using “look alike” cohort groups based on survey and third party data; and/or to market such third party’s products/services to you.
Retargeting. SSI may from time-to-time engage a third party or third parties to either display advertising on an SSI website(s) or to manage SSI’s advertising on other websites (for example on social media sites). SSI’s third party partner(s) may use technologies such as cookies or identifying data elements. Including but not limited to your IDFA or Advertising ID to gather information about your activities on SSI’s website(s) and/or on other websites in order to: (i) provide you with advertising about SSI and its services and/or (ii) assist SSI in developing marketing and advertising campaigns designed to target individuals who have a social and demographic profile similar to your social and demographic profile. If SSI is conducting a re-targeting program and you wish to not participate in this re-targeting program, please opt-out via the applicable cookie opt-out process set forth in this Privacy Policy or in SSI’s separate cookie notice, by modifying your IDFA or Advertising ID and/or by unsubscribing within the advertisement itself.
Audience Insights/Look-alikes. SSI and/or third parties may use Personal Data and/or may link Personal Data to a third-party cookie to develop audience insights and/or look-alike models in connection with marketing campaigns.
Online Advertising Effectiveness. In connection with SSI’s online ad effectiveness program, you can participate in surveys regarding ads, promotions, content, campaigns, and/or websites that SSI is testing for its clients. To facilitate the completion of these surveys, SSI’s clients may write, set, or read cookies, locally shared/stored objects, flash cookies and/or any other related technology (each a “Third Party Technology” and collectively the “Third Party Technologies”). The Third Party Technologies may be written, set or read in various locations, including, without limitation, SSI’s servers or systems. If you participate, your UID will be stored in or associated with the Third Party Technology to allow you to be re-contacted about the online ad or promotion and SSI’s client will use the Third Party Technology to determine whether you have seen, clicked on, or otherwise interacted with the online ad or promotion. If you have interacted with the online ad or promotion, SSI’s client will send your UID and the specific survey to SSI and SSI will provide you with the opportunity to complete the survey.
Audience Measurement Data. In addition to the use and sharing of Audience Measurement Data (as defined below) in connection with online advertising effectiveness research, as such research is described above, SSI may share your UID and data previously collected by SSI, including, without limitation, age, gender, income, number of people in your household, education/education level, and employment status, (“Audience Measurement Data”), to third parties, including, without limitation, SSI’s subcontractors, partners, and/or clients for the purpose of audience measurement reporting on the content, advertisements, campaigns, and websites that you visit, view, and/or click on. The Audience Measurement Data will be used in connection with online advertising effectiveness research, and to assist in the creation, development, and implementation of websites, online advertisements, and other Internet and digital media features, functionality, and campaigns. Audience Measurement Data may be shared in a single summary form (i.e. individual respondent level) or aggregate summary form (i.e. group of respondents).
How do advertisers/ad networks use my information?
Ad partners’ use of information.
You can use the Application/Services to participate in surveys, including, without limitation, surveys regarding specific ads and promotions that SSI is testing for its business clients. You may see these ads or promotions in several places, including, without limitation, in non-SSI mobile apps (for example, in a gaming app), after which SSI shall provide you with access to, or contact you to complete, a survey about the ad or promotion that you were exposed to. To facilitate the completion of surveys on ads or promotions, SSI has partnered with ad companies that provide, measure or facilitate advertisements, including, without limitation, in many other mobile apps. The Application/Services provides these ad networks with the UID, your unique device identifier, and many or all of the other types of information described in the “Information collected through automated means” section above (including your ongoing geolocation, if your device permits the collection of geolocation). Then, when you use a mobile app that has partnered with one of the ad companies, the ad company can use your unique device identifier or other automatically collected information to recognize your device. The ad company may then show you an ad or promotion that SSI is testing for one of our business clients. The ad company may then inform SSI that the device associated with your UID has just received an ad or promotion, which allows SSI to provide you with access to, or to contact you to complete, a survey regarding the ad or promotion. With your consent, the ad companies also use the information they collect about your device and your interactions with the Application/Services and other mobile apps to provide you with other in-app advertising that has been tailored to your interests and for other purposes. To learn more about some of these ad companies, including how to opt out, please visit the following:
http://www.voicefive.com/preferences.aspx
http://www.safecount.net/viewyourcookiesinformation_optinout.php
http://n01d01.cumulus-cloud.com/ssi/optout.php
http://www.nielsen-online.com/corp.jsp?section=leg_prs&nav=1
What communications will I receive through the Application/Services or relating to the Services?
SSI may contact you to participate in surveys via “push” notifications or SMS/text messages if you expressly agree to receive such communications.
In addition, SSI and/or its agents or vendors on behalf of SSI will send email communications to you regarding survey invitations, survey participation, reward or incentive information, inquiries and redemption, newsletters, notices required to be provided hereunder or by law, sweepstakes or promotion entries, notice of winning a sweepstakes or promotion, and in response to inquiries from you.
Where you provide SSI with your telephone number(s), SSI, its clients and/or its Subcontractors may also contact you by telephone in relation to your account, including, without limitation: (i) surveys you have or are participating in; (ii) reward or incentive information, inquiries and redemption; (iii) sweepstakes or promotion entries and prize fulfillment; (iv) responding to your queries; (v) notices under this Privacy Policy; (v) additional survey invitations and/or opportunities; and/or (vi) to validate profile information you have provided to us.
Does SSI share personal data and other information collected through the Application/Services with third parties?
Pursuant to applicable law, SSI may disclose or transfer personal data and other information collected through the Application/Services to third parties as follows:
(i) With your consent;
(ii) In response to a subpoena or an order of a court or government agency;
(iii) To establish, exercise, or defend legal claims of an individual or SSI, including in order to protect the safety of an individual or to protect SSI’s rights and/or property;
(iv) Between various SSI panels, if you sign up for more than one SSI panel;
(v) To a parent, subsidiary, or affiliate of SSI: (1) in the event of a reorganization or restructuring; or (2) for use and processing in accordance with this Policy or as authorized by you;
(vi) To authorized agents and/or subcontractors of SSI and/or of SSI’s clients, who are providing services, including, without limitation, data append services, data validation services, fraud detection and/or prevention services, database matching services, coding services, and reward, incentive, and sweepstakes related services;
(vii) To a client for limited market research related uses including, without limitation, modeling, validation, data append, database segmentation, and reward, incentive, or sweepstakes redemption, fulfillment, and/or entry;
(viii) In connection with a change of ownership or control, including, without limitation, a merger or an acquisition of any or all of SSI’s business assets, provided that the party receiving or acquiring the personal data agrees to use, protect, and maintain the security, integrity, and confidentiality of personal data in accordance with this Policy;
(ix) to a client or to such client’s customer in the event SSI or a third party believes that you have or may violate the intellectual property rights of a third party;
(x) to a client or to such client’s customer in the event SSI or a third party believes that you have violated the Terms of Service;
(xi) to a third party, which shall include both SSI research clients and third parties that engage in Non-Research Activities to enable such third party to develop marketing campaigns, audience insights, look-alike models and/or to market such third party’s products/services to you; and
(xi) As otherwise permitted pursuant to this Policy.
Please note, SSI may allow a client to collect PII directly from respondents. The disclosure is voluntary and, prior to collection, the client is required to enter into a written agreement with SSI, which, among other things, limits use of the PII.
SSI may license certain PII to third parties (e.g., data brokers, data aggregators, etc.) for their own Non-Research Purposes, including, without limitation, the licensing of individual-level and/or aggregated-level data (e.g., product and/or service purchasing or usage activity, social media activity, website visitation data, internet search history, etc.) for the development of audience insights and/or look-alike models, for the purpose of sale of such data to the third party’s clients/customers for the purpose of performing analytics and providing marketing intelligence and/or to enable such third party to market its products/services to you.
Additionally, UIDs and information collected by automated means are provided to third parties, including, without limitation, clients, partners, agents and/or vendor for the purposes of identifying respondents for re-contact surveys or communications, fraud detection and/or prevention, database matching, data validation, data append, coding, data segmentation, and reward, incentive, and/or sweepstakes or promotion related services.
In connection with your survey data, SSI or the client may associate certain demographic attributes to you. SSI may share with third parties, including but not limited to clients, the geographic and/or demographic data SSI collects from you during enrolment or through certain profile questions SSI may ask you. Such data may be shared with third parties on an individual respondent level or aggregate summary form (i.e. a group of respondents). If you voluntarily disclose personal data in connection with your survey data and responses, and SSI collects the survey data and responses, SSI will transfer the survey data and responses, UID and the voluntarily disclosed personal data to the relevant SSI client.
How can I opt-out of certain data collection and/or use?
There are multiple opt-out options for users of this Application/Services.
You can stop all collection of personal data and other information by the Application/Services by uninstalling the Application/Services and/or terminating your participation in the panel(s). You may use the standard uninstall processes available as part of your mobile device or via the mobile application marketplace or network and/or you may cancel your panelist account on the panel Site. Please note that if you delete the Application/Services, but maintain a profile with one of SSI’s websites, we may still collect personal data and other data from you through our site(s). Uninstalling the Application/Services will not delete all information collected by SSI prior to uninstalling the Application/Services. To delete all information collected by SSI please contact SSI as set forth below.
Six months following termination of your account, inactivity of your account and/or the date upon which you uninstall the Application/Services, SSI may transfer your PII to a third party data broker and/or data management platform for purposes of resale/reuse by such third party.
If you do not wish for your PII to be used for Non-Research Activities and/or if you do not consent to SSI sharing your PII with third parties after termination of your account and/or removal of the Application/Services from your device, please contact us at privacy@surveysampling.com
For iOS Opt-out of location data
You may, at any time, opt-out from enabling the Application/Services to access your location data by:
- Touching or selecting the settings icon for the device;
- Once in the settings icon, touch or select Location Services; and
- Once in Location Services, you can use the individual slider for the Application/Services, to turn off location services.
Note: If you turn off Location Services, you will be prompted to turn on Location Services the next time the Application/Services tries to use this feature.
For Android Opt out of location data
You may, at any time, opt-out from enabling the Application/Services to access your location data by:
- -Touching the ABOUT button on the top right of the navigation bar
- Once in the ABOUT dialog, you can toggle on/off Location Services via a switch labeled: “Access to my location”
For iOS Opt-out of push notifications
You may opt-out of push notifications for the Application/Services by:
- Touching or selecting the settings icon for the device;
- Once in the settings icon, touch or select notifications;
- If push notifications are turned on, there will be a list of icons, touch or select the icon for the Application/Services; and
- From this screen, you will be able to modify the push notification settings for the Application/Services.
For Android Opt-out of push notifications
- You may opt-out of push notifications for the Application/Services by:
- Access the Settings for the device.
- From within Settings, locate the Apps setting.
- Once in Apps, locate the relevant application (QuickThoughts or iPoll), and select it.
- Locate a checkbox labeled “Show notifications” and toggle it based on your preference.
Opt-out of email communications
You may opt-out of email communications by clicking the unsubscribe link in any email you receive from us or contacting us as set forth below.
Opt-out of sharing social media platform profile data
You may opt-out of sharing social media platform profile data by changing your preference/profile settings with the social media platform regarding the sharing of data with third parties or removing the Application/Services from your social media profile.
Opt out of use of the advertising identifier assigned to your smartphone/device
You may change the advertising identifier assigned to your device at any time.
Ad network opt-out
The ad networks that collect information through the Application/Services for use in facilitating surveys and providing interest-based advertising offer certain opt-out mechanisms. To opt-out, follow the instructions for each ad network at the links provided below. If you opt-out, you will not be able to participate in our surveys about ads and promotions.
Can I stop SSI from tracking my online activities?
Do Not Track (“DNT”) is a preference in your browser that you can set to notify websites that you visit that you do not want the websites to collect certain information about you. SSI does not respond to DNT signals. If you object to SSI’s practice with regards to DNT signals, you may opt-out from participation or use of SSI’s services as described below.
In connection with SSI’s online ad effectiveness program, SSI permits SSI’s subcontractors, partners and/or clients to drop, set, and/or write Third Party Technologies for the purpose of facilitating audience measurement and ad recall survey activities. SSI is not responsible for any third party’s compliance with or response to DNT signals. To learn more about SSI’s online ad effectiveness program, please review the Cookies section of this Privacy Policy.
How long do you keep my personal data and other information?
SSI will retain personal data and other information relating to your use of the Application/Services and/or the Services for as long as you have the Application installed and/or use the Application/Services and for up to one (1) year thereafter or such other period as may be required or permissible by law. Six months following your inactivity with the panel Sites and/or uninstalling the Application/Services, SSI may transfer your PII to a third party data broker and/or data management platform for purposes of resale/reuse by such third party.
How can I access the personal data and other information the Application/Services has collected
about me?
You have the right to review, correct, and delete your personal data, subject to applicable law. You may contact us with such a request using the contact details provided below.
Does the Application/Services collect data from minors under eighteen (18) years of age?
The Application/Services is not designed for, or intended for use by, any individual under the age of eighteen (18). We do not knowingly collect personal data from children under the age of eighteen (18), and if we became aware that we have inadvertently collected personal data from a child under the age of eighteen (18), we will undertake reasonable commercial efforts to delete such personal data.
What security is available for the personal data and other information collected through the Application/Services?
SSI maintains an appropriate level of technical, administrative, and physical safeguards to protect personal data and other information disclosed or collected by SSI. SSI reviews, monitors, and evaluates its privacy practices and protection systems on a regular basis. Despite the safeguards we implement, transmissions over the Internet and/or a mobile network are not totally secure and SSI does not guarantee the security of online transmissions. SSI is not responsible for any errors by individuals in submitting personal data to SSI.
Who can I contact with questions about this Policy?
If you wish to:
– receive a copy of the information we hold about you;
– communicate an opt-out request to SSI;
– request access to, or the correction, blocking or deletion of, your personal data;
– make a complaint about our privacy practice;
-opt out of certain uses of your PII;
or have any questions regarding SSI’s privacy practices and/or this Policy, please contact us via email at privacy@surveysampling.com.
SSI’s Legal Department is responsible for SSI’s compliance with this Policy.
Are there any companies within the SSI Group that may collect, store and process PII?
Yes, please see the list of companies below:
- Survey Sampling Europe BV – Weena 161, 3013 CK Rotterdam, Netherlands.
- Survey Sampling Bulgaria EOOD – Triaditza area, #82, Patriarh Evtimii street, 1463, Sofia, Bulgaria.
- SSI Denmark ApS – Frederiksholms Kanal 4B, DK-1220, Copenhagen K Copenhagen.
- Survey Sampling France SASU – 22 rue de Dunkerque, 75010 Paris, France.
- Survey Sampling Germany GmbH – Kaiserstrasse 13, 60311 Frankfurt am Main, Deutschland.
- Survey Sampling RO S.R.L. – 12 Popa Sapca Street, Timisoara 300057.
- Survey Sampling Spain S.L. – C/ Carranza, 25, 2ª planta, 28004, Madrid, Spain.
- SSI Sweden AB – Drakens Gränd 8, 111 30 Stockholm, Sweden.
- Survey Sampling UK Ltd. – India House, 2nd Floor 45 Curlew Street London SEI 2nd United Kingdom.
- Survey Sampling Hong Kong Ltd. – 6/F, Hollywood Centre, 233 Hollywood Road, Sheung Wan, Hong Kong.
- SSI Beijing Co. Ltd. – CBD International Mansion, Room 901A, No. 16 Yongandongli, Chaoyang District, Beijing 100022, China.
- Survey Sampling Australia Pty. Ltd. – Level 11, 131 York Street, Syndey NSW 2000, Australia.
- Survey Sampling Singapore PTE Ltd. – #58 Republic Plaza, 9 Raffles Place, Singapore 048619.
- Survey Sampling International Services Company S.De R.L. De C.V. – Cordoba 42, Piso 9, Col. Roma Norte/Del. Cuauhtemoc, Mexico, D.F. 06700.
- Survey Sampling Korea Ltd. – Level 4, 27-8, Gukjegeumyung-ro 8-gil Yeongdeungpo-gu, Seoul Korea 150-998.
- Survey Sampling Japan GK – 3F KK Building, I-8-5, Shinkawa, Chuo-Ku, 104-0033, Tokyo, Japan.
- SSI Do Brasil Pesquisa de Mercado Ltda. – Rua das Olimpiadas, 205 – 40 ander 04551-000, Sao Paulo, Brasil.
- SSI Philippines Inc. – PIPC Bldg 7, MEPZ II, Basak, Lapu-Lapu, Cebu 6015, Philippines.
- MRops Programming India Private Ltd. – 8th Floor, Block 1, My Home Hub, Madhapur, Hyderabad, TG 500081.
- Mountain West Research Center L.C.
- Survey Sampling Hungary Kft. – Csapo Street 42, 3rd Floor, 4032 Debrecen, Hungary.
By using this Site, registering as a member of Toluna, participating in the Toluna Points (“Points” or “Toluna Points”) membership program (“Toluna Points Program” or “Points Program”) or participating in any survey or study provided or hosted by Toluna (each, a “Survey” and collectively “Surveys”), you agree to these Terms of Use and Membership (“Terms”) and confirm that you have read and understood our privacy policy (“Privacy Policy”).
Our Privacy Policy sets out how Toluna collects, uses and stores your personal information and a copy can be found here.
If you do not agree to the Terms and Privacy Policy, do not use this Site.
Toluna reserves the right, in its sole discretion, to change, modify, add or remove portions of these Terms, and/or our Privacy Policy, at any time. It is your responsibility to check these Terms and our Privacy Policy periodically for changes. These Terms were last updated on the date at the top of these Terms.
Your continued use of this Site following the posting of such changes will mean that you accept and agree to the changes. Provided you comply with these Terms, Toluna grants you a personal, non-exclusive, non-transferable, limited privilege to enter and use this Site.
Eligibility
Membership in any Toluna panel is free and is open to individuals only (not corporations or other business entities) that are at least sixteen (16) years of age or such other age as required by your geographic location. Membership in certain panels may be further restricted based on your age or geographic location. If you are less than eighteen (18) years of age and win any prize or receive any cash reward through Toluna Points or any other Toluna incentive program, then such award will be made to your legal guardian. You are permitted to have only one account.
Registration and Passwords
While you may access this Site without registering for membership in any Toluna panel, for an account to be established in your name and any Points credited to your account, you must complete the online registration form and must provide Toluna with complete and valid contact information, including your full legal name, home address, and valid e-mail address, together with all other requested information. Your account must have a unique and valid e-mail address and password.
You agree to provide only accurate, current and complete registration information and to keep that information updated in order to maintain its accuracy. Toluna may terminate or suspend your membership and you may forfeit your Points if you fail to provide or keep your personal information accurate and complete.
You may use only one (1) password to open and access your account, and you may not use another account holder’s password or allow anyone else to use your password, for any reason. You are solely responsible for the security of your user name and password and any activity that occurs under your membership account, whether authorized or unauthorized. Toluna will not be responsible for any losses incurred through the use of your password by a third party, except when unauthorized use is directly attributable to the gross negligence or fraud of Toluna. You agree to immediately notify Toluna of any unauthorized use or breach of your member account.
Should you forget your password, you may request an e-mail to reset your password by using your username so that you can regain use of your account and an email will be sent to the e-mail address we hold in your member profile.
By joining as a member of Toluna’s panels, you agree to receive invitations to participate in Surveys via e-mail. Toluna does not guarantee that you will receive a certain minimum volume of invitations or any invitations at all. Your participation in any Survey and your disclosure of any personally-identifiable information is completely voluntary.
Relationship
You are responsible for providing any computer equipment and communications services necessary to connect to and access this Site. You agree that neither your membership in a Toluna panel nor your completion of any Surveys for Toluna and its clients create any agency, partnership or employment relationship, and that your completion of Surveys is strictly as an independent contractor. You also agree the Points or other incentives you receive for completing Surveys are the only compensation you will receive for your completion of Surveys.
Member Code of Conduct:
Toluna is an online community dedicated to making your voice heard and allowing you to tell leading providers of products and services what you think. When you use and post content to the Toluna Site or our community we ask that you observe the following rules:
- Be courteous and respect the opinions of others and behave in a manner that supports a safe and comfortable environment for all members.
- Do not post any of the following:
- Personal information (including any financial information)
- Material that advocates illegal activity
- Political, religious or ideological beliefs.
- Personal attacks or anything obscene, vulgar, illegal, harmful, insulting, threatening, abusive, harassing, defamatory, libelous, untrue, misleading or invasive of someone else’s privacy (including “jokes” that may be misconstrued).
- Advertising and solicitations – do not use any community areas to buy or solicit for goods, services, or money, or to advertise or sell products or services to others. For example, do not post any advertising, referrals, promotional materials, junk mail, “spam”, chain letters, pyramid schemes or any other form of solicitation.
- Any content that infringes any patent, copyright, trademark, trade secret or other intellectual property right of another.
- Any statement that expresses or implies that any actions you take are endorsed by Toluna or our clients.
- Do not take any Survey other than in good faith, such as providing false answers or speeding through a survey or answering each question the same way. Toluna reserves the right to withhold awarding Points to you if, in Toluna’s reasonable view, your Survey responses are untruthful or not well considered.
- Do not access or use any part of the Site for anything other than your personal, non-commercial use.
- Do not access or use any part of the Site in any way that may violate any applicable provincial, federal, or international law, regulation, or other governmental requirement and/or regulation, treaty or tariff.
- Do not resell, barter, trade or otherwise attempt to generate income by providing access to your Toluna Points to others.
- Do not impersonate any individual or entity, including, without limitation, a Toluna employee, agent or client, or other Toluna members or otherwise misrepresent your affiliation with any person or entity, including by “framing” any portion of this Site to make it look like you have a relationship with us or that we have endorsed you for any purpose.
- Do not attempt to circumvent the Points system Toluna, including by requesting rankings from other members or posting content which does not respond to or pose any question in order to garner points.
- Do not publish or make reference in any media to any Survey or Site content without our prior written permission.
- Do not collect or store any personal information about other members.
- Do not attempt to access any service or area of the Site that you are not authorized to access.
- Do not use any robot, spider, scraper or other automated means or interface not provided by us to access the Site or extract data.
- Do not send to or otherwise impact us or this Site (or anything or anyone else) with harmful, illegal, deceptive or disruptive code such as a virus, “spyware”, “adware” or other code that could adversely impact this Site or any recipient or take any action, such as a denial of service attack, that might impose a significant burden on this Site’s infrastructure or interfere with the ordinary operation of this Site.
- Do not re-post on the Site any statements you receive from the Toluna help desk.
- Do not communicate with the Toluna help desk in a manner which is obscene, vulgar, harmful, insulting, threatening, abusive, harassing, defamatory, libelous, untrue or misleading.
- Do not engage in any other activity that the Company reasonably deems improper or abusive.
Failure to comply with this Code of Conduct may result in termination of your membership account and forfeiture of any Points.
Uploading content to the Site
Whenever you make use of a feature that allows you to upload content to our Site, you must comply with the content standards set out in our Content Rules (see below).
Any content you upload to our Site (“User Content”) will be considered non-confidential and non-proprietary. You retain all of your ownership rights in your User Content, but you grant us and other users of the Site (such as our clients) a non-exclusive licence to use, store and copy that User Content and to distribute and make it available to third parties.
We also have the right to disclose your identity to any third party who is claiming that any User Content posted or uploaded by you to our Site constitutes a violation of their intellectual property rights, or of their right to privacy.
We will not be responsible, or liable to any third party, for the User Content or the accuracy of any User Content posted by you or any other user of our Site.
We have the right to remove any posting you make on our Website if, in our opinion, your post does not comply with the content standards set out in our Content Rules.
The views expressed by other users on our Website do not represent our views or values.
Rules on uploading your content (including images) (“Content Rules”)
If you upload any User Content to the Site, you agree to comply with the following terms of use at all times:
- You must not post or upload any User Content or use the Site in a way that breaches any law.
- You must not post or upload any personal information about other individuals, including any photographs or video footage of them, without their full and clear consent for such personal information being (a) posted/uploaded to the Site, and (b) used by us and our clients in accordance with these Terms (and the Privacy Policy ).
- You must not post or upload any User Content or use the Site in a way that is offensive, threatening, defamatory, vulgar, obscene, harassing, false, misleading or unreliable, or that brings or is likely to bring us, the Site or our clients into disrepute.
- You agree to not contribute User Content that will infringe another organisation’s or person’s rights (including intellectual property rights and rights of privacy). You agree that you have all the necessary rights and permissions to publish the User Content you submit to the Site.
- We may moderate and review any User Content that is submitted to be posted or is automatically posted/uploaded to the Site. However, we accept no responsibility for any User Content and reserve the right to remove/edit any User Content at any time.
- You are wholly responsible for all User Content posted by you on the Site (including, but not limited to, emails sent by you in connection to the Site).
- Please let us know immediately by contacting us at https://www.toluna.com/contactus if any of these rules are broken by you or other users.
- We reserve the right to remove or edit, or require you to edit, User Content posted to the Site at any time.
- Any User Content you post to the Site may be used by us for any purpose subject to the Privacy Policy.
- To the extent allowable by law, you hereby indemnify us against all losses, damages, proceedings, actions, legal costs and disbursements, expenses and any other losses or liabilities arising from your posting of User Content, or use of the Site, or your breach of these Terms.
Confidentiality of Surveys
Toluna’s clients may disclose confidential, commercially sensitive and/or proprietary information and materials to you as part of Surveys, and such information and materials shall remain the sole and exclusive property of its owner. This confidential information may include, but is not limited to, new services, new product ideas or concepts, packaging concepts, advertising and movie or television concepts or trailers, and the text, visual images and sounds related thereto. By becoming a member, you agree that you will keep the contents and materials disclosed to you as part of all Surveys in which you participate confidential and not disclose them to any third party or use the confidential information for any purpose except for the sole purpose of completing the Survey. If you breach this obligation, in addition to forfeiture of your Points and termination of your account, you may be liable for monetary damages to Toluna and/or our client for damages caused by the result of your breach.
Member Content and License
You hereby grant a non-exclusive, perpetual, unlimited, worldwide, royalty-free licence to Toluna to use for any purpose any content you submit to this Site, including the right to edit, copy, transmit, publish, display, modify, distribute, create derivative works from and develop such content and to transfer such content to third parties. You, not Toluna, will have sole responsibility and liability for all content you use, upload, post or submit to the Site, including on our message boards and in any Survey in which you participate, including the obligation to obtain any necessary approvals and authorizations required to post such content.
Toluna Points
What are Points?
Toluna values our members’ opinions, and to show our appreciation, Toluna offers incentives in the form of credits called “Points,” which are credited to your account maintained by Toluna. Points are redeemable for cash or rewards as specified and subject to the terms below.
Earning Points
Points will be credited to your account only through your participation in activities authorized by Toluna, which include, but are not limited to, registration as a panellist, completion of demographic profiles and completion of qualitative or quantitative marketing research activities performed by Toluna, and only in accordance with the specific incentive offer disclosed for each activity.
Toluna is dedicated to providing quality data to our clients. To ensure this level of quality, please note that you might not qualify for all Surveys, in which case, the Survey will close and you will not receive Points. The reasons you might not qualify include but are not limited to:
- You must not post or upload any User Content or use the Site in a way that breaches any law.
- Your profile not corresponding to our client’s target audience
- Discrepancy in logical suite of responses
- Untruthful responses or false answers
- Inappropriate or abusive replies
- Going too quickly through the questions to properly consider your answers
- Lapse in attention leading to failed quality checks
- You may earn Points as follows:
- Survey Completion: Earn Points for each Survey you qualify for and complete. Points awarded vary by survey.
- Personal Interest Survey (“Profile”) Completion: Panelists can earn additional Points by completing the Profiles. Each completed Profile is worth an additional 100 Points.
The timing of credits for Points depends on the Survey. For some Surveys, credits are applied within a few days; for others, the credits are applied after the Survey has closed.
Toluna will maintain a record of the Points credited to and debited from your account and you can check the status of your account online by logging in and checking the “Your Points” tab. Although Toluna makes every effort to ensure that accounts are credited correctly, it is your responsibility to verify that your Points have been credited properly. If you feel the incentive amounts credited to your account are incorrect, you must contact Toluna by email within sixty (60) days following our alleged error and explain in full the basis of your dispute, attaching any relevant information which offers evidence of the discrepancy. Upon receipt of your notice, we will investigate your claim and notify you of our decision to adjust or maintain the number of Points credited to your account, as we deem appropriate, within thirty (30) days. If we need additional time to decide your claim, we will notify you and will endeavor to render a decision as soon as reasonably practicable. Any decision by us with regard to such a claim will be final.
Redeeming Points
You can spend your Points at any time by going to the “Rewards” tab on the main page. Points are awarded for Survey completion, Profile completion, and other participation on this Site.
Points automatically convert to cash values whenever you request a payment. In our current model, 3,000 points is equivalent to $1.00. Alternatively, Points can be converted to a voucher.
Vouchers/Coupons
If you request a voucher, Toluna will make the voucher code available via electronic means within 3 weeks of your request.
Electronic vouchers (e-vouchers) will either be sent to your Toluna account or to the email address within your member profile in your account.
Please make sure that we have your correct email address to avoid any delays in delivery.
Any request to resend a missing voucher must be made within 3 months from when the voucher was originally sent. Toluna will not process any orders after expiry of this 3-month time limit.
Cash Payment
PayPal requests for cash payment will be credited directly to the PayPal account indicated in your account at the time within 3 weeks. It is your sole responsibility to keep such information current.
All rewards subject to change as may be necessary to comply with applicable laws or regulations and we reserve the right to voice vouchers where such laws or regulations dictate that we must do so.
Expiration of Points
When Points are credited to your account they will remain valid for 12 months from the date they are earned. If after this period the Points have not been used, they will automatically expire and be deleted from your account. This deduction will always occur towards the end of the month, usually on the 28th day. For example, if you earned Points on 15 March 2020, they will be removed from your account on 28 March 2021, if they are still in your account. Points cannot be redeemed after the expiration date.
In addition, all of your Points will immediately expire and be forfeited in the event that you cancel your account at Toluna or if your account becomes “inactive.” To be an active member means that you have joined Toluna and participated in a Survey or other activity on this Site within 12 months from your initial registration or within the preceding 12 months. Toluna will not provide you with any notice of the cancellation and forfeiture of any of your Points. Toluna reserves the right to amend these cancellation and forfeiture rules at its sole discretion.
Misconduct, Fraud and Correcting Account Errors
Toluna retains the right to monitor all member activity within Toluna Points. If you have violated our Code of Conduct above, or in the event that your account shows signs of fraud, abuse or suspicious activity, your member account may be terminated and you may forfeit all accumulated Points. If you have conducted any fraudulent activity, then subject to local applicable law, Toluna reserves the right to take any necessary legal action and may have grounds to confiscate any rewards redeemed as a result of such activity. In addition, if allowed by law, you may be liable for monetary losses to Toluna, including litigation costs and damages, and you will not be allowed to participate in Toluna Points in the future.
If your account does not accurately reflect your Point balance, Toluna reserves the right to correct such errors. If you have been awarded Points in error or you believe that your member account has been the subject of suspicious activity, please contact Toluna immediately. If it is determined that you have been the victim of fraud, the Points you have earned will be transferred to a new member account.
Transferability
Points have no cash value, and may not be assigned, transferred and/or pledged to any third party. You have no property rights or other legal interests in any Points granted pursuant to the Toluna Points Program.
Toluna Points Program Duration & Changes to Rules
Any revisions to the Points Program may affect your ability to use any Points you accumulate. If the Points Program is terminated or your membership is terminated by Toluna other than as a result of your breach of these Terms, you will only have 30 days from such termination date to redeem all your accumulated Points. If there is a modification to the Points Program, we will endeavor to notify you; however, Toluna will not be responsible if you do not learn of the modification. The rewards offered and Point levels required for specific rewards are subject to change without notice. All rewards are subject to availability.
Toluna Intellectual Property
This Site is protected by intellectual property laws and you agree to respect them. All rights not expressly granted to you are reserved by Toluna or its licensors.
The “TOLUNA”, “TOLUNA INFLUENCERS logos and the marks “TOLUNA”, “TOLUNA INFLUENCERS” and “TOLUNA.com” are trademarks or registered trademarks of Toluna or its affiliates. All other trademarks, service marks, logos and trade names used on this Site are the property of Toluna or their respective owners or are owned by third parties but used by Toluna with the owner’s consent. All rights are reserved.
For the purposes of this paragraph, “Content” means (without limitation) all text, design, graphics, images, sound files, animation, video, interfaces, software, code and the selection and arrangement thereof appearing or included from time to time on this Site. All Content on this Site is subject to intellectual property rights, contractual or other protection. The intellectual property rights are owned by us or our licensors. No Content may be copied, distributed, republished, uploaded, posted or transmitted in any way except pursuant to the express provisions of these Terms or with our prior consent. Modification or use of the Content for any other purpose may violate intellectual property rights. No right to use the Content is granted to users and – all title and/or rights remain with us. This Site is © TOLUNA. All rights reserved.
Disclaimer of Warranties
By utilizing the Toluna Points Program, you acknowledge and agree that Toluna is not a bank or any other kind or form of financial institution and that “Points” credited to your account are not actual cash deposits, do not earn interest, and are only account entries that entitle you to the amount of the credited Points if you redeem them in accordance with these terms of use. You further agree that you may only redeem the amounts in your account in the manner and according to the procedures described in these terms of use, which we may amend from time to time. Toluna is not responsible for the actions of any third party, such as the issuers of any gift cards, vouchers or other rewards redeemable for Points.
You expressly agree that your use of this Site and the Toluna Points Program is at your sole risk. You agree that this Site, all information on this Site, the services offered by this Site and the Toluna Points program are provided by Toluna or its corporate parents or affiliates, successors or assigns, suppliers or agents, “AS IS” and “AS AVAILABLE.” Toluna is not responsible for typographical errors regardless of source. In addition, Toluna does not represent or warrant that the information accessible on this Site is accurate, complete, or current. You hereby release Toluna and its affiliates and third-party providers from all liability regarding the redemption and use of any rewards, including any rewards that, after receipt, may be lost, stolen or destroyed.
TO THE FULLEST EXTENT ALLOWED BY LAW, TOLUNA DISCLAIMS ALL WARRANTIES, CONDITIONS AND DUTIES, EXPRESS, IMPLIED OR STATUTORY, INCLUDING BUT NOT LIMITED TO ANY IMPLIED WARRANTIES, DUTIES OR CONDITIONS OF: (a) MERCHANTABILITY OR SATISFACTORY QUALITY, FITNESS FOR A PARTICULAR PURPOSE OR USE, RESULTS, ACCURACY OR COMPLETENESS; AND (b) CREATED BY TRADE USAGE, COURSE OF DEALING OR COURSE OF PERFORMANCE.
YOU ACKNOWLEDGE AND AGREE THAT IF YOU SHARE YOUR PERSONAL DATA, INCLUDING IMAGES AND YOUR USER PROFILE INFORMATION WITH OTHER USERS OF THE SITE AND/OR PUBLICLY, WE EXCLUDE ALL LIABILITY AS TO THE SECURITY OR CONFIDENTIALITY OF SUCH INFORMATION.
TOLUNA FURTHER DISCLAIMS ALL DUTIES TO YOU, IF ANY SUCH DUTIES EXIST, INCLUDING BUT NOT LIMITED TO REASONABLE CARE, WORKMANLIKE EFFORT, FREEDOM FROM COMPUTER VIRUS, AND LACK OF NEGLIGENCE. TOLUNA FURTHER MAKES NO WARRANTY IN RESPECT OF YOUR ENJOYMENT OF ANY ASPECT OF THE SITE.
Limitation of Liability
TO THE FULLEST EXTENT ALLOWED BY LAW, YOU AGREE THAT NEITHER TOLUNA NOR ANY OF OUR AFFILIATES OR AGENTS WILL BE LIABLE TO YOU AND/OR ANY OTHER PERSON FOR ANY SPECIAL, INCIDENTAL, PUNITIVE, CONSEQUENTIAL OR SIMILAR GENERAL DAMAGES, OR FOR DAMAGES FOR LOST PROFITS, LOSS OR IMPAIRMENT OF PRIVACY, SECURITY OF DATA, FAILURE TO MEET ANY DUTY (INCLUDING BUT NOT LIMITED TO ANY DUTY OF GOOD FAITH, WORKMANLIKE EFFORT OR OF LACK OF NEGLIGENCE), OR FOR ANY OTHER SIMILAR DAMAGES WHATSOEVER THAT ARISE OUT OF OR ARE RELATED TO ANY BREACH OR OTHER ASPECT OF THE ENTIRE AGREEMENT OR THIS SITE, EVEN IF TOLUNA HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES AND EVEN IN THE EVENT OF FAULT, TORT (INCLUDING NEGLIGENCE) OR STRICT OR PRODUCT LIABILITY OR MISREPRESENTATION.
IN NO EVENT SHALL THE LIABILITY OF TOLUNA, ITS CORPORATE PARENTS OR AFFILIATES, SUCCESSORS OR ASSIGNS, SUPPLIERS OR AGENTS EXCEED THE ACTUAL RETAIL VALUE OF AN APPLICABLE REWARD AT ISSUE, OR IF A DISPUTE RELATES GENERALLY TO YOUR USE OF THE POINTS PROGRAM, TO THE FAIR MARKET RETAIL VALUE OF THE REWARDS WHICH YOUR UNUSED, UNEXPIRED, NON-CANCELED POINTS ARE CONVERTIBLE INTO.
Indemnification
To the fullest extent allowed by law, you agree to indemnify and hold Toluna, and its parent and affiliated companies, together with their officers, directors, owners, employees and agents harmless from any and all claims, losses, damages, suits, fines, levy’s and costs (including reasonable attorney’s fees and expert witness costs, including costs associated with in-house counsel), (collectively “Claims”), arising from or related to your use of this Site and any content you place on this Site, including Claims made by third parties. You agree that Toluna has the unlimited right to defend any Claim and to settle any Claim without your prior permission. You agree to provide Toluna with all reasonable assistance in the defense of any Claim.
Cancelling Your Account
You may cancel your account at any time by contacting Toluna at https://www.toluna.com/contactus or by going to “Account details” underneath your profile picture and selecting “Unsubscribe Options” on the bottom left-hand corner, then completing the process by selecting the option “cancel your account”. Your account will also be cancelled if you withdraw from the Toluna panel. Immediately upon deletion or your withdrawal from the Toluna panel, your account will be closed. You understand and agree that, as noted above, upon closing your account, your right to access the Toluna Points program will cease and all Points credited to your account at such time, however, and whenever accumulated, will be forfeited. Toluna may terminate your account at any time for any reason.
Tax Liability
You may be required under local laws to pay taxes on prizes you receive. You acknowledge that we may supply information to taxing agencies, or withhold taxes, at the request of those agencies or as we, in our sole discretion, deem appropriate. You acknowledge and agree that you will provide Toluna with any additional personal information that Toluna needs to comply with any reporting or withholding obligations. Your failure to provide such information within 30 days of a request sent by Toluna to the email address registered at that time may result in the forfeiture of Points or the prizes you may have won.
Links
Toluna may provide links to third-party websites as a convenience to you, and Toluna’s providing of any link does not constitute an endorsement by such site of Toluna or vice versa. You agree that Toluna is not responsible for examining or evaluating the content or accuracy of these sites and Toluna does not warrant and will not have any liability or responsibility for any third-party materials or websites, or for any other materials, products, or services of third parties. You agree that you will not use any third-party materials in a manner that would infringe or violate the rights of any other party and that Toluna is not in any way responsible for any such use by you.
Notices
Notices to You: We may give you all notices that we are required to give by posting such notices on this Site. You also agree that we may give notice by email in our discretion, including notice of subpoenas or other legal process (if any). We may provide notice to any email or other address that you provide during registration. You agree to keep your address current and to check for notices posted on the Site.
Notices to Us: We receive many emails and not all employees are trained to deal with every kind of communication, so you agree to send us notices by mailing it to Toluna SAS, 5 avenue du château, 94300 Vincennes, France Attn. Panel Team.
Entire Agreement; Miscellaneous.
These Terms, including items incorporated into them (e.g., the Privacy Policy), as well as any additional terms or conditions contained on the Site for particular activities, and disclosures provided by us and consents provided by you on the Site (collectively, the “Entire Agreement”), constitute the entire agreement between us and neither party has relied on any representations made by the other that are not expressly set forth in the Entire Agreement. If any provision of the Entire Agreement is found by a court of competent jurisdiction to be invalid, illegal or unenforceable it shall be deemed modified to the minimum extent necessary to make it valid, legal and enforceable. If such modification is not possible, the relevant provision or part-provision shall be deemed deleted. Any modification to or deletion of a provision or part-provision under shall not affect the validity and enforceability of the rest of these Terms and the remaining provisions will remain in full force and effect, provided that the allocation of risks described herein is given effect to the fullest extent possible. Our failure to act with respect to a breach does not waive our right to act with respect to subsequent or similar breaches, and time is of the essence of the Entire Agreement.
This Site is controlled by us from our offices within the United States of America and is directed to U.S. users. If you choose to access this Site from locations outside the U.S., you do so at your own risk and you are responsible for compliance with applicable local laws. You may not use or export anything from the Site in violation of U.S. export laws and regulations or the Entire Agreement.
Notice of Copyright Infringement
Toluna respects the intellectual property rights of others and requests that you do the same. Anyone who believes that their work has been reproduced in this Site in a way constituting copyright infringement may provide a notice to our Group General Counsel containing the following:
- An electronic or physical signature of the copyright owner or a person authorized to act on behalf of the owner of the copyright
- Identification of the copyrighted work claimed to have been infringed;
- Identification of the material that is claimed to be infringing and information reasonably sufficient to permit us to locate the material;
- The address, telephone number, and, if available, an e-mail address at which the complaining party may be contacted;
- A representation that the complaining party has a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law;
- A representation that the information in the notice is accurate, and if applicable that the complaining party is authorized to act on behalf of the owner of the right that is allegedly infringed.
Copyright infringement claims and notices (but not other notices) should be sent to the attention of the Group Head of Legal in the following manner:
- by mail: Toluna UK Limited, Ealing Cross, 85 Uxbridge Road, London W5 5th Attn. Group Head of Legal
- by email: legal@TOLUNA.com
Further Information
If you have any other complaint, you may contact us at 21 River Road, Wilton 06897, U.S.A. Attn. Panel Team. If you are a resident of California, you may also reach out to the Complaint Assistance Unit of the Division of Consumer Services of the Dept. of Consumer Affairs who may be contacted at 400 R Street, Sacramento, CA 95814 or (800) 952-5210.
Termination of your account
If your membership or your access is to the Site is terminated or suspended for any reason, you must not access the Website without our prior written consent.
This Site is hosted by:
Toluna USA, Inc.
21 River Road
Wilton, CT 06897 USA
By using this Site, registering as a member of Toluna, participating in the Toluna Points (“Points” or “Toluna Points”) membership program (“Toluna Points Program” or “Points Program”) or participating in any survey or study provided or hosted by Toluna (each, a “Survey” and collectively “Surveys”), you agree to these Terms of Use and Membership (“Terms”) and confirm that you have read and understood our privacy policy (“Privacy Policy”).
Our Privacy Policy sets out how Toluna collects, uses and stores your personal information and a copy can be found here.
If you do not agree to the Terms and Privacy Policy, do not use this Site.
Toluna reserves the right, in its sole discretion, to change, modify, add or remove portions of these Terms, and/or our Privacy Policy, at any time. It is your responsibility to check these Terms and our Privacy Policy periodically for changes. These Terms were last updated on the date at the top of these Terms.
Your continued use of this Site following the posting of such changes will mean that you accept and agree to the changes. Provided you comply with these Terms, Toluna grants you a personal, non-exclusive, non-transferable, limited privilege to enter and use this Site.
Eligibility
Membership in any Toluna panel is free and is open to individuals only (not corporations or other business entities) that are at least sixteen (16) years of age or such other age as required by your geographic location. Membership in certain panels may be further restricted based on your age or geographic location. If you are less than eighteen (18) years of age and win any prize or receive any cash reward through Toluna Points or any other Toluna incentive program, then such award will be made to your legal guardian. You are permitted to have only one account.
Registration and Passwords
While you may access this Site without registering for membership in any Toluna panel, for an account to be established in your name and any Points credited to your account, you must complete the online registration form and must provide Toluna with complete and valid contact information, including your full legal name, home address, and valid e-mail address, together with all other requested information. Your account must have a unique and valid e-mail address and password.
You agree to provide only accurate, current and complete registration information and to keep that information updated in order to maintain its accuracy. Toluna may terminate or suspend your membership and you may forfeit your Points if you fail to provide or keep your personal information accurate and complete.
You may use only one (1) password to open and access your account, and you may not use another account holder’s password or allow anyone else to use your password, for any reason. You are solely responsible for the security of your user name and password and any activity that occurs under your membership account, whether authorized or unauthorized. Toluna will not be responsible for any losses incurred through the use of your password by a third party, except when unauthorized use is directly attributable to the gross negligence or fraud of Toluna. You agree to immediately notify Toluna of any unauthorized use or breach of your member account.
Should you forget your password, you may request an e-mail to reset your password by using your username so that you can regain use of your account and an email will be sent to the e-mail address we hold in your member profile.
By joining as a member of Toluna’s panels, you agree to receive invitations to participate in Surveys via e-mail. Toluna does not guarantee that you will receive a certain minimum volume of invitations or any invitations at all. Your participation in any Survey and your disclosure of any personally-identifiable information is completely voluntary.
Relationship
You are responsible for providing any computer equipment and communications services necessary to connect to and access this Site. You agree that neither your membership in a Toluna panel nor your completion of any Surveys for Toluna and its clients create any agency, partnership or employment relationship, and that your completion of Surveys is strictly as an independent contractor. You also agree the Points or other incentives you receive for completing Surveys are the only compensation you will receive for your completion of Surveys.
Member Code of Conduct:
Toluna is an online community dedicated to making your voice heard and allowing you to tell leading providers of products and services what you think. When you use and post content to the Toluna Site or our community we ask that you observe the following rules:
- Be courteous and respect the opinions of others and behave in a manner that supports a safe and comfortable environment for all members.
- Do not post any of the following:
- Personal information (including any financial information)
- Material that advocates illegal activity
- Political, religious or ideological beliefs.
- Personal attacks or anything obscene, vulgar, illegal, harmful, insulting, threatening, abusive, harassing, defamatory, libelous, untrue, misleading or invasive of someone else’s privacy (including “jokes” that may be misconstrued).
- Advertising and solicitations – do not use any community areas to buy or solicit for goods, services, or money, or to advertise or sell products or services to others. For example, do not post any advertising, referrals, promotional materials, junk mail, “spam”, chain letters, pyramid schemes or any other form of solicitation.
- Any content that infringes any patent, copyright, trademark, trade secret or other intellectual property right of another.
- Any statement that expresses or implies that any actions you take are endorsed by Toluna or our clients.
- Do not take any Survey other than in good faith, such as providing false answers or speeding through a survey or answering each question the same way. Toluna reserves the right to withhold awarding Points to you if, in Toluna’s reasonable view, your Survey responses are untruthful or not well considered.
- Do not access or use any part of the Site for anything other than your personal, non-commercial use.
- Do not access or use any part of the Site in any way that may violate any applicable provincial, federal, or international law, regulation, or other governmental requirement and/or regulation, treaty or tariff.
- Do not resell, barter, trade or otherwise attempt to generate income by providing access to your Toluna Points to others.
- Do not impersonate any individual or entity, including, without limitation, a Toluna employee, agent or client, or other Toluna members or otherwise misrepresent your affiliation with any person or entity, including by “framing” any portion of this Site to make it look like you have a relationship with us or that we have endorsed you for any purpose.
- Do not attempt to circumvent the Points system Toluna, including by requesting rankings from other members or posting content which does not respond to or pose any question in order to garner points.
- Do not publish or make reference in any media to any Survey or Site content without our prior written permission.
- Do not collect or store any personal information about other members.
- Do not attempt to access any service or area of the Site that you are not authorized to access.
- Do not use any robot, spider, scraper or other automated means or interface not provided by us to access the Site or extract data.
- Do not send to or otherwise impact us or this Site (or anything or anyone else) with harmful, illegal, deceptive or disruptive code such as a virus, “spyware”, “adware” or other code that could adversely impact this Site or any recipient or take any action, such as a denial of service attack, that might impose a significant burden on this Site’s infrastructure or interfere with the ordinary operation of this Site.
- Do not re-post on the Site any statements you receive from the Toluna help desk.
- Do not communicate with the Toluna help desk in a manner which is obscene, vulgar, harmful, insulting, threatening, abusive, harassing, defamatory, libelous, untrue or misleading.
- Do not engage in any other activity that the Company reasonably deems improper or abusive.
Failure to comply with this Code of Conduct may result in termination of your membership account and forfeiture of any Points.
Uploading content to the Site
Whenever you make use of a feature that allows you to upload content to our Site, you must comply with the content standards set out in our Content Rules (see below).
Any content you upload to our Site (“User Content”) will be considered non-confidential and non-proprietary. You retain all of your ownership rights in your User Content, but you grant us and other users of the Site (such as our clients) a non-exclusive licence to use, store and copy that User Content and to distribute and make it available to third parties.
We also have the right to disclose your identity to any third party who is claiming that any User Content posted or uploaded by you to our Site constitutes a violation of their intellectual property rights, or of their right to privacy.
We will not be responsible, or liable to any third party, for the User Content or the accuracy of any User Content posted by you or any other user of our Site.
We have the right to remove any posting you make on our Website if, in our opinion, your post does not comply with the content standards set out in our Content Rules.
The views expressed by other users on our Website do not represent our views or values.
Rules on uploading your content (including images) (“Content Rules”)
If you upload any User Content to the Site, you agree to comply with the following terms of use at all times:
- You must not post or upload any User Content or use the Site in a way that breaches any law.
- You must not post or upload any personal information about other individuals, including any photographs or video footage of them, without their full and clear consent for such personal information being (a) posted/uploaded to the Site, and (b) used by us and our clients in accordance with these Terms (and the Privacy Policy ).
- You must not post or upload any User Content or use the Site in a way that is offensive, threatening, defamatory, vulgar, obscene, harassing, false, misleading or unreliable, or that brings or is likely to bring us, the Site or our clients into disrepute.
- You agree to not contribute User Content that will infringe another organisation’s or person’s rights (including intellectual property rights and rights of privacy). You agree that you have all the necessary rights and permissions to publish the User Content you submit to the Site.
- We may moderate and review any User Content that is submitted to be posted or is automatically posted/uploaded to the Site. However, we accept no responsibility for any User Content and reserve the right to remove/edit any User Content at any time.
- You are wholly responsible for all User Content posted by you on the Site (including, but not limited to, emails sent by you in connection to the Site).
- Please let us know immediately by contacting us at https://www.toluna.com/contactus if any of these rules are broken by you or other users.
- We reserve the right to remove or edit, or require you to edit, User Content posted to the Site at any time.
- Any User Content you post to the Site may be used by us for any purpose subject to the Privacy Policy.
- To the extent allowable by law, you hereby indemnify us against all losses, damages, proceedings, actions, legal costs and disbursements, expenses and any other losses or liabilities arising from your posting of User Content, or use of the Site, or your breach of these Terms.
Confidentiality of Surveys
Toluna’s clients may disclose confidential, commercially sensitive and/or proprietary information and materials to you as part of Surveys, and such information and materials shall remain the sole and exclusive property of its owner. This confidential information may include, but is not limited to, new services, new product ideas or concepts, packaging concepts, advertising and movie or television concepts or trailers, and the text, visual images and sounds related thereto. By becoming a member, you agree that you will keep the contents and materials disclosed to you as part of all Surveys in which you participate confidential and not disclose them to any third party or use the confidential information for any purpose except for the sole purpose of completing the Survey. If you breach this obligation, in addition to forfeiture of your Points and termination of your account, you may be liable for monetary damages to Toluna and/or our client for damages caused by the result of your breach.
Member Content and License
You hereby grant a non-exclusive, perpetual, unlimited, worldwide, royalty-free licence to Toluna to use for any purpose any content you submit to this Site, including the right to edit, copy, transmit, publish, display, modify, distribute, create derivative works from and develop such content and to transfer such content to third parties. You, not Toluna, will have sole responsibility and liability for all content you use, upload, post or submit to the Site, including on our message boards and in any Survey in which you participate, including the obligation to obtain any necessary approvals and authorizations required to post such content.
Toluna Points
What are Points?
Toluna values our members’ opinions, and to show our appreciation, Toluna offers incentives in the form of credits called “Points,” which are credited to your account maintained by Toluna. Points are redeemable for cash or rewards as specified and subject to the terms below.
Earning Points
Points will be credited to your account only through your participation in activities authorized by Toluna, which include, but are not limited to, registration as a panellist, completion of demographic profiles and completion of qualitative or quantitative marketing research activities performed by Toluna, and only in accordance with the specific incentive offer disclosed for each activity.
Toluna is dedicated to providing quality data to our clients. To ensure this level of quality, please note that you might not qualify for all Surveys, in which case, the Survey will close and you will not receive Points. The reasons you might not qualify include but are not limited to:
- You must not post or upload any User Content or use the Site in a way that breaches any law.
- Your profile not corresponding to our client’s target audience
- Discrepancy in logical suite of responses
- Untruthful responses or false answers
- Inappropriate or abusive replies
- Going too quickly through the questions to properly consider your answers
- Lapse in attention leading to failed quality checks
- You may earn Points as follows:
- Survey Completion: Earn Points for each Survey you qualify for and complete. Points awarded vary by survey.
- Personal Interest Survey (“Profile”) Completion: Panelists can earn additional Points by completing the Profiles. Each completed Profile is worth an additional 100 Points.
The timing of credits for Points depends on the Survey. For some Surveys, credits are applied within a few days; for others, the credits are applied after the Survey has closed.
Toluna will maintain a record of the Points credited to and debited from your account and you can check the status of your account online by logging in and checking the “Your Points” tab. Although Toluna makes every effort to ensure that accounts are credited correctly, it is your responsibility to verify that your Points have been credited properly. If you feel the incentive amounts credited to your account are incorrect, you must contact Toluna by email within sixty (60) days following our alleged error and explain in full the basis of your dispute, attaching any relevant information which offers evidence of the discrepancy. Upon receipt of your notice, we will investigate your claim and notify you of our decision to adjust or maintain the number of Points credited to your account, as we deem appropriate, within thirty (30) days. If we need additional time to decide your claim, we will notify you and will endeavor to render a decision as soon as reasonably practicable. Any decision by us with regard to such a claim will be final.
Redeeming Points
You can spend your Points at any time by going to the “Rewards” tab on the main page. Points are awarded for Survey completion, Profile completion, and other participation on this Site.
Points automatically convert to cash values whenever you request a payment. In our current model, 3,000 points is equivalent to $1.00. Alternatively, Points can be converted to a voucher.
Vouchers/Coupons
If you request a voucher, Toluna will make the voucher code available via electronic means within 3 weeks of your request.
Electronic vouchers (e-vouchers) will either be sent to your Toluna account or to the email address within your member profile in your account.
Please make sure that we have your correct email address to avoid any delays in delivery.
Any request to resend a missing voucher must be made within 3 months from when the voucher was originally sent. Toluna will not process any orders after expiry of this 3-month time limit.
Cash Payment
PayPal requests for cash payment will be credited directly to the PayPal account indicated in your account at the time within 3 weeks. It is your sole responsibility to keep such information current.
All rewards subject to change as may be necessary to comply with applicable laws or regulations and we reserve the right to voice vouchers where such laws or regulations dictate that we must do so.
Expiration of Points
When Points are credited to your account they will remain valid for 12 months from the date they are earned. If after this period the Points have not been used, they will automatically expire and be deleted from your account. This deduction will always occur towards the end of the month, usually on the 28th day. For example, if you earned Points on 15 March 2020, they will be removed from your account on 28 March 2021, if they are still in your account. Points cannot be redeemed after the expiration date.
In addition, all of your Points will immediately expire and be forfeited in the event that you cancel your account at Toluna or if your account becomes “inactive.” To be an active member means that you have joined Toluna and participated in a Survey or other activity on this Site within 12 months from your initial registration or within the preceding 12 months. Toluna will not provide you with any notice of the cancellation and forfeiture of any of your Points. Toluna reserves the right to amend these cancellation and forfeiture rules at its sole discretion.
Misconduct, Fraud and Correcting Account Errors
Toluna retains the right to monitor all member activity within Toluna Points. If you have violated our Code of Conduct above, or in the event that your account shows signs of fraud, abuse or suspicious activity, your member account may be terminated and you may forfeit all accumulated Points. If you have conducted any fraudulent activity, then subject to local applicable law, Toluna reserves the right to take any necessary legal action and may have grounds to confiscate any rewards redeemed as a result of such activity. In addition, if allowed by law, you may be liable for monetary losses to Toluna, including litigation costs and damages, and you will not be allowed to participate in Toluna Points in the future.
If your account does not accurately reflect your Point balance, Toluna reserves the right to correct such errors. If you have been awarded Points in error or you believe that your member account has been the subject of suspicious activity, please contact Toluna immediately. If it is determined that you have been the victim of fraud, the Points you have earned will be transferred to a new member account.
Transferability
Points have no cash value, and may not be assigned, transferred and/or pledged to any third party. You have no property rights or other legal interests in any Points granted pursuant to the Toluna Points Program.
Toluna Points Program Duration & Changes to Rules
Any revisions to the Points Program may affect your ability to use any Points you accumulate. If the Points Program is terminated or your membership is terminated by Toluna other than as a result of your breach of these Terms, you will only have 30 days from such termination date to redeem all your accumulated Points. If there is a modification to the Points Program, we will endeavor to notify you; however, Toluna will not be responsible if you do not learn of the modification. The rewards offered and Point levels required for specific rewards are subject to change without notice. All rewards are subject to availability.
Toluna Intellectual Property
This Site is protected by intellectual property laws and you agree to respect them. All rights not expressly granted to you are reserved by Toluna or its licensors.
The “TOLUNA”, “TOLUNA INFLUENCERS logos and the marks “TOLUNA”, “TOLUNA INFLUENCERS” and “TOLUNA.com” are trademarks or registered trademarks of Toluna or its affiliates. All other trademarks, service marks, logos and trade names used on this Site are the property of Toluna or their respective owners or are owned by third parties but used by Toluna with the owner’s consent. All rights are reserved.
For the purposes of this paragraph, “Content” means (without limitation) all text, design, graphics, images, sound files, animation, video, interfaces, software, code and the selection and arrangement thereof appearing or included from time to time on this Site. All Content on this Site is subject to intellectual property rights, contractual or other protection. The intellectual property rights are owned by us or our licensors. No Content may be copied, distributed, republished, uploaded, posted or transmitted in any way except pursuant to the express provisions of these Terms or with our prior consent. Modification or use of the Content for any other purpose may violate intellectual property rights. No right to use the Content is granted to users and – all title and/or rights remain with us. This Site is © TOLUNA. All rights reserved.
Disclaimer of Warranties
By utilizing the Toluna Points Program, you acknowledge and agree that Toluna is not a bank or any other kind or form of financial institution and that “Points” credited to your account are not actual cash deposits, do not earn interest, and are only account entries that entitle you to the amount of the credited Points if you redeem them in accordance with these terms of use. You further agree that you may only redeem the amounts in your account in the manner and according to the procedures described in these terms of use, which we may amend from time to time. Toluna is not responsible for the actions of any third party, such as the issuers of any gift cards, vouchers or other rewards redeemable for Points.
You expressly agree that your use of this Site and the Toluna Points Program is at your sole risk. You agree that this Site, all information on this Site, the services offered by this Site and the Toluna Points program are provided by Toluna or its corporate parents or affiliates, successors or assigns, suppliers or agents, “AS IS” and “AS AVAILABLE.” Toluna is not responsible for typographical errors regardless of source. In addition, Toluna does not represent or warrant that the information accessible on this Site is accurate, complete, or current. You hereby release Toluna and its affiliates and third-party providers from all liability regarding the redemption and use of any rewards, including any rewards that, after receipt, may be lost, stolen or destroyed.
TO THE FULLEST EXTENT ALLOWED BY LAW, TOLUNA DISCLAIMS ALL WARRANTIES, CONDITIONS AND DUTIES, EXPRESS, IMPLIED OR STATUTORY, INCLUDING BUT NOT LIMITED TO ANY IMPLIED WARRANTIES, DUTIES OR CONDITIONS OF: (a) MERCHANTABILITY OR SATISFACTORY QUALITY, FITNESS FOR A PARTICULAR PURPOSE OR USE, RESULTS, ACCURACY OR COMPLETENESS; AND (b) CREATED BY TRADE USAGE, COURSE OF DEALING OR COURSE OF PERFORMANCE.
YOU ACKNOWLEDGE AND AGREE THAT IF YOU SHARE YOUR PERSONAL DATA, INCLUDING IMAGES AND YOUR USER PROFILE INFORMATION WITH OTHER USERS OF THE SITE AND/OR PUBLICLY, WE EXCLUDE ALL LIABILITY AS TO THE SECURITY OR CONFIDENTIALITY OF SUCH INFORMATION.
TOLUNA FURTHER DISCLAIMS ALL DUTIES TO YOU, IF ANY SUCH DUTIES EXIST, INCLUDING BUT NOT LIMITED TO REASONABLE CARE, WORKMANLIKE EFFORT, FREEDOM FROM COMPUTER VIRUS, AND LACK OF NEGLIGENCE. TOLUNA FURTHER MAKES NO WARRANTY IN RESPECT OF YOUR ENJOYMENT OF ANY ASPECT OF THE SITE.
Limitation of Liability
TO THE FULLEST EXTENT ALLOWED BY LAW, YOU AGREE THAT NEITHER TOLUNA NOR ANY OF OUR AFFILIATES OR AGENTS WILL BE LIABLE TO YOU AND/OR ANY OTHER PERSON FOR ANY SPECIAL, INCIDENTAL, PUNITIVE, CONSEQUENTIAL OR SIMILAR GENERAL DAMAGES, OR FOR DAMAGES FOR LOST PROFITS, LOSS OR IMPAIRMENT OF PRIVACY, SECURITY OF DATA, FAILURE TO MEET ANY DUTY (INCLUDING BUT NOT LIMITED TO ANY DUTY OF GOOD FAITH, WORKMANLIKE EFFORT OR OF LACK OF NEGLIGENCE), OR FOR ANY OTHER SIMILAR DAMAGES WHATSOEVER THAT ARISE OUT OF OR ARE RELATED TO ANY BREACH OR OTHER ASPECT OF THE ENTIRE AGREEMENT OR THIS SITE, EVEN IF TOLUNA HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES AND EVEN IN THE EVENT OF FAULT, TORT (INCLUDING NEGLIGENCE) OR STRICT OR PRODUCT LIABILITY OR MISREPRESENTATION.
IN NO EVENT SHALL THE LIABILITY OF TOLUNA, ITS CORPORATE PARENTS OR AFFILIATES, SUCCESSORS OR ASSIGNS, SUPPLIERS OR AGENTS EXCEED THE ACTUAL RETAIL VALUE OF AN APPLICABLE REWARD AT ISSUE, OR IF A DISPUTE RELATES GENERALLY TO YOUR USE OF THE POINTS PROGRAM, TO THE FAIR MARKET RETAIL VALUE OF THE REWARDS WHICH YOUR UNUSED, UNEXPIRED, NON-CANCELED POINTS ARE CONVERTIBLE INTO.
Indemnification
To the fullest extent allowed by law, you agree to indemnify and hold Toluna, and its parent and affiliated companies, together with their officers, directors, owners, employees and agents harmless from any and all claims, losses, damages, suits, fines, levy’s and costs (including reasonable attorney’s fees and expert witness costs, including costs associated with in-house counsel), (collectively “Claims”), arising from or related to your use of this Site and any content you place on this Site, including Claims made by third parties. You agree that Toluna has the unlimited right to defend any Claim and to settle any Claim without your prior permission. You agree to provide Toluna with all reasonable assistance in the defense of any Claim.
Cancelling Your Account
You may cancel your account at any time by contacting Toluna at https://www.toluna.com/contactus or by going to “Account details” underneath your profile picture and selecting “Unsubscribe Options” on the bottom left-hand corner, then completing the process by selecting the option “cancel your account”. Your account will also be cancelled if you withdraw from the Toluna panel. Immediately upon deletion or your withdrawal from the Toluna panel, your account will be closed. You understand and agree that, as noted above, upon closing your account, your right to access the Toluna Points program will cease and all Points credited to your account at such time, however, and whenever accumulated, will be forfeited. Toluna may terminate your account at any time for any reason.
Tax Liability
You may be required under local laws to pay taxes on prizes you receive. You acknowledge that we may supply information to taxing agencies, or withhold taxes, at the request of those agencies or as we, in our sole discretion, deem appropriate. You acknowledge and agree that you will provide Toluna with any additional personal information that Toluna needs to comply with any reporting or withholding obligations. Your failure to provide such information within 30 days of a request sent by Toluna to the email address registered at that time may result in the forfeiture of Points or the prizes you may have won.
Links
Toluna may provide links to third-party websites as a convenience to you, and Toluna’s providing of any link does not constitute an endorsement by such site of Toluna or vice versa. You agree that Toluna is not responsible for examining or evaluating the content or accuracy of these sites and Toluna does not warrant and will not have any liability or responsibility for any third-party materials or websites, or for any other materials, products, or services of third parties. You agree that you will not use any third-party materials in a manner that would infringe or violate the rights of any other party and that Toluna is not in any way responsible for any such use by you.
Notices
Notices to You: We may give you all notices that we are required to give by posting such notices on this Site. You also agree that we may give notice by email in our discretion, including notice of subpoenas or other legal process (if any). We may provide notice to any email or other address that you provide during registration. You agree to keep your address current and to check for notices posted on the Site.
Notices to Us: We receive many emails and not all employees are trained to deal with every kind of communication, so you agree to send us notices by mailing it to Toluna SAS, 5 avenue du château, 94300 Vincennes, France Attn. Panel Team.
Entire Agreement; Miscellaneous.
These Terms, including items incorporated into them (e.g., the Privacy Policy), as well as any additional terms or conditions contained on the Site for particular activities, and disclosures provided by us and consents provided by you on the Site (collectively, the “Entire Agreement”), constitute the entire agreement between us and neither party has relied on any representations made by the other that are not expressly set forth in the Entire Agreement. If any provision of the Entire Agreement is found by a court of competent jurisdiction to be invalid, illegal or unenforceable it shall be deemed modified to the minimum extent necessary to make it valid, legal and enforceable. If such modification is not possible, the relevant provision or part-provision shall be deemed deleted. Any modification to or deletion of a provision or part-provision under shall not affect the validity and enforceability of the rest of these Terms and the remaining provisions will remain in full force and effect, provided that the allocation of risks described herein is given effect to the fullest extent possible. Our failure to act with respect to a breach does not waive our right to act with respect to subsequent or similar breaches, and time is of the essence of the Entire Agreement.
This Site is controlled by us from our offices within the United States of America and is directed to U.S. users. If you choose to access this Site from locations outside the U.S., you do so at your own risk and you are responsible for compliance with applicable local laws. You may not use or export anything from the Site in violation of U.S. export laws and regulations or the Entire Agreement.
Notice of Copyright Infringement
Toluna respects the intellectual property rights of others and requests that you do the same. Anyone who believes that their work has been reproduced in this Site in a way constituting copyright infringement may provide a notice to our Group General Counsel containing the following:
- An electronic or physical signature of the copyright owner or a person authorized to act on behalf of the owner of the copyright
- Identification of the copyrighted work claimed to have been infringed;
- Identification of the material that is claimed to be infringing and information reasonably sufficient to permit us to locate the material;
- The address, telephone number, and, if available, an e-mail address at which the complaining party may be contacted;
- A representation that the complaining party has a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law;
- A representation that the information in the notice is accurate, and if applicable that the complaining party is authorized to act on behalf of the owner of the right that is allegedly infringed.
Copyright infringement claims and notices (but not other notices) should be sent to the attention of the Group Head of Legal in the following manner:
- by mail: Toluna UK Limited, Ealing Cross, 85 Uxbridge Road, London W5 5th Attn. Group Head of Legal
- by email: legal@TOLUNA.com
Further Information
If you have any other complaint, you may contact us at 21 River Road, Wilton 06897, U.S.A. Attn. Panel Team. If you are a resident of California, you may also reach out to the Complaint Assistance Unit of the Division of Consumer Services of the Dept. of Consumer Affairs who may be contacted at 400 R Street, Sacramento, CA 95814 or (800) 952-5210.
Termination of your account
If your membership or your access is to the Site is terminated or suspended for any reason, you must not access the Website without our prior written consent.
This Site is hosted by:
Toluna USA, Inc.
21 River Road
Wilton, CT 06897 USA
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LifePoints Membership Terms and Conditions
LifePoints Membership Terms and Conditions
Last updated: January 1, 2019
These Terms of Use (this “Agreement”) describe the terms and conditions applicable to your use of Lightspeed services. You should read it, understand it, and review it periodically for updates. If you have any questions that our Frequently Asked Questions cannot answer, please contact Support Team. If you do not agree to this Agreement, do not use our web site or services. We reserve the right to change, modify, add or remove portions of this Agreement at any time, at our sole discretion. Your continued use of our site will always indicate your acceptance of this Agreement and any changes to it.
1. Acceptance of User Agreement
This Agreement applies to your access to, and use of, Lightspeed’s web sites (the “Site”) and the services provided by Lightspeed, including Lightspeed’s LifePoints and survey services. The Site, the service, and any other services Lightspeed provides are referred to in this Agreement collectively as the “Services.”
2. The Services
The Services allow persons who meet eligibility requirements to take surveys or register for our user panel (the “Panel”). Panel members may be eligible to participate in surveys on the Site. Panel members may receive Points or other incentives for participation in services that Lightspeed may make available from time to time.
3. Points
Points expire three years from the date of award and, if sooner, upon twelve (12) months of no account activity. You can convert your Points through our online catalogue.
4. Service Eligibility and Registration
The Services may be used only by persons who are at least 14 years of age. The Services are not intended for the use of children under 14 years of age. Use of the Services is void where prohibited.
BY ACCESSING OR USING THE SERVICES, YOU REPRESENT AND WARRANT THAT YOU MEET THE ELIGIBILITY REQUIREMENTS AND WILL ABIDE BY THE TERMS OF THIS AGREEMENT.
5. Fees for the Services
There is no fee for users to participate in the Services. Lightspeed may, in its sole discretion, elect to charge fees for participating in the Services, or to use or access any other services, at any time. If it does, it will update this Agreement to reflect any such changes.
6. Participation Requirements
Your ability to participate in the Services is expressly conditioned upon your compliance with this Agreement and with all policies and guidelines applicable to the Services that Lightspeed may make available from time to time. In the event of your noncompliance, fraud or other inappropriate activity (as determined by Lightspeed in its sole discretion), Lightspeed may cancel or invalidate your eligibility, accounts, registrations and Points, deny redemption of Points, or restrict, block, limit, and prevent your access to and use of the Services and, further, all Points, incentives and rewards shall be subject to forfeiture. Without limiting the generality of the foregoing, the following requirements apply to your use of the Services:
- Non-Use and Nondisclosure. Information and content made available to you in the Services may contain trade secrets or other confidential or proprietary information of Lightspeed’s suppliers or licensors. You must hold in strict confidence and not disclose to any other person any information and content that you access or learn in connection with your participation in any survey, project, questionnaire, or other market research activity related to the Services. You must not use any such information or content for any purpose other than your participation in the Services in accordance with this Agreement. You hereby agree to notify Lightspeed immediately if you learn of or suspect any use or disclosure of, or access to, any such information or content other than as specifically authorized in this Agreement.
- Registration Information. You agree to (a) provide accurate, current and complete information about you as may be prompted by any registration forms on the Services; (b) maintain the security of your password and login credentials; and (c) maintain and promptly update your registration information and any other information you provide to Lightspeed, so as to keep it accurate, current and complete. Registration requires information that includes without limitation your full legal name, your date of birth, the address of your primary residence, your phone number and your functioning email address.
- Multiple Accounts. You may have only one active account at any time. Only one account per mailing address is allowed. Multiple accounts for any person or mailing address are subject to termination and forfeiture of all Points, incentives and rewards.
- Compliance with Laws. You must at all times comply with all applicable laws, rules, regulations, and orders, and not cause Lightspeed to violate any laws, rules, regulations, or orders.
- Good-Faith Participation. You agree to participate in good faith and to the best of your ability in any market research activities in which you participate in connection with the Services. You will not provide false or misleading data, including without limitation, survey responses that are inconsistent with prior responses or statistically improbable.
- Appropriate Communications. If you communicate with our Support Team or other Lightspeed or LifePoints personnel (“Personnel”), you agree to do so in a respectful and appropriate manner. You shall not send, upload, share or otherwise distribute to Personnel, Personnel affiliates or other users of the Services any rude or offensive communications or any content that is obscene, vulgar, sexually-oriented, shock-oriented, threatening, hateful, illegal or otherwise inappropriate.
- User Content. You may provide information to Lightspeed in connection with your participation in market research or otherwise in connection with the Services, including survey responses, ideas, feedback, or other information or content (“User Content”). If you provide any User Content, unless Lightspeed expressly indicates otherwise, you grant Lightspeed and its affiliates a nonexclusive, royalty-free, perpetual, irrevocable, and fully sublicensable right to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, perform and display such User Content throughout the world in any media, without acknowledgement or compensation to you.
By providing any User Content, you represent and warrant that you have the lawful right to provide it, and that it is accurate and complete. You must not provide any User Content that:
- Is unlawful, libelous, defamatory, obscene, pornographic, indecent, lewd, suggestive, harassing, threatening, invasive of privacy or publicity rights, abusive, inflammatory, false, inaccurate, misleading, fraudulent, or impersonates or misrepresents an affiliation with any person or entity;
- Would violate an obligation of confidentiality or the rights of any person or entity, or that would otherwise create liability or violate any local, state, national, or international law, including, without limitation, the regulations of the U.S. Securities and Exchange Commission or any rules of a securities exchange such as the New York Stock Exchange, the American Stock Exchange, or the NASDAQ;
- May infringe any patent, trademark, trade secret, copyright, or other intellectual or proprietary right of any person or entity;
- Contains any private information of any person or entity, including, without limitation, addresses, phone numbers, email addresses, Social Security numbers, and credit card numbers;
- Contains any viruses, corrupted data or other harmful, disruptive, or destructive files or information; or
- In the sole judgment of Lightspeed, is objectionable, does not reflect your good faith efforts to be responsive to survey or market research questions, or which may expose Lightspeed or its licensors or suppliers to liability of any type.
7. Copyright and Limited License
The Services and other materials contained on the Site or within the Services, including, without limitation, the Lightspeed and LifePoints marks, logos, and all information, content, designs, text, graphics, information, data, software, other files, and the selection and arrangement thereof (collectively, the “Content”), are the property of Lightspeed and its suppliers and licensors and are protected by U.S. and international copyright laws.
As long as you comply with this Agreement, Lightspeed grants you a limited, revocable, non-transferable, and non-exclusive license to access and use the Services, solely for your personal, non-commercial purposes. Except for those rights expressly granted in this Agreement, no other rights are granted, either express or implied, to you under this Agreement. Unless explicitly stated in this Agreement, nothing in this Agreement will be construed as conferring any license to intellectual property rights, whether by estoppel, implication or otherwise. This license is revocable at any time.
Any use of the Services or any Content other than as specifically authorized in this Agreement, without the prior written permission of Lightspeed, is strictly prohibited and will terminate the license granted in this section. Unauthorized use may also violate applicable laws and regulations, including, without limitation, copyright and trademark laws and applicable communications regulations and statutes, and the rights of Lightspeed and of third parties.
8. Trademarks
LifePoints and Lightspeed marks and logos, the Lightspeed globe design and other product or service names or slogan contained in any Content or otherwise within the Services are property of Lightspeed, its suppliers or licensors, and may not be copied, imitated or used, in whole or in part, without the prior written permission of Lightspeed or the applicable right holder. All other trademarks, registered trademarks, product names and company names or logos appearing in the Services or in any Content are the property of their respective owners. Reference to any products, services, processes or other information, by trade name, trademark, manufacturer, supplier or otherwise does not constitute or imply endorsement, sponsorship or recommendation thereof by Lightspeed. All rights are reserved.
9. Disclaimer of Warranties
YOUR USE OF THE SERVICES, INCLUDING, WITHOUT LIMITATION, YOUR USE OF ANY CONTENT, IS AT YOUR SOLE RISK. THE SERVICES AND ALL CONTENT ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. Lightspeed, ITS AFFILIATES, LICENSORS, AND SUPPLIERS, AND THEIR RESPECTIVE MEMBERS, DIRECTORS, OFFICERS, AGENTS, AND EMPLOYEES (COLLECTIVELY, THE “PROVIDERS”) EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT. NEITHER Lightspeed NOR ANY OTHER PROVIDERS WARRANT UNINTERRUPTED USE, OPERATION, OR AVAILABILITY OF THE SERVICES OR ANY CONTENT, OR THAT ANY SUBMISSION OR TRANSACTION REQUEST YOU ATTEMPT USING THE SERVICES WILL BE SUCCESSFUL, UNCORRUPTED, OR COMPLETED WITHIN A REASONABLE AMOUNT OF TIME. YOU WILL BE SOLELY RESPONSIBLE FOR ANY DELAY OR LOSS OF ANY KIND THAT RESULTS FROM YOUR ACCESS TO, OR USE OF, THE SERVICES AND THE CONTENT. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM Lightspeed OR ANY OTHER PROVIDER THROUGH OR FROM THE SERVICES, WILL CREATE ANY WARRANTY REGARDING THE SERVICES THAT IS NOT EXPRESSLY STATED IN THIS AGREEMENT. SOME JURISDICTIONS MAY PROHIBIT A DISCLAIMER OF WARRANTIES AND YOU MAY HAVE OTHER RIGHTS THAT VARY FROM JURISDICTION TO JURISDICTION.
10. Limitation of Liability
NEITHER Lightspeed NOR ANY OTHER PROVIDERS WILL BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR EXEMPLARY DAMAGES, INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA, OR OTHER INTANGIBLE LOSSES (EVEN IF Lightspeed OR ANY OTHER PROVIDERS HAVE BEEN ADVISED OF THE POSSIBILITY OF THESE DAMAGES), RESULTING FROM YOUR ACCESS TO OR USE OF, OR YOUR INABILITY TO ACCESS OR USE, THE SERVICES OR ANY CONTENT. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, SO THE ABOVE LIMITATION MAY NOT APPLY TO YOU.
THE MAXIMUM TOTAL LIABILITY OF Lightspeed AND ALL OTHER PROVIDERS TO YOU FOR ALL CLAIMS UNDER THIS AGREEMENT, WHETHER IN CONTRACT, TORT, OR OTHERWISE, IS THE GREATER OF (A) ANY AMOUNTS PAID BY Lightspeed TO YOU UNDER THIS AGREEMENT IN THE TWELVE MONTHS PRECEDING THE APPLICABLE CLAIM, AND (B) 100 UNITED STATES DOLLARS ($100 USD). EACH PROVISION OF THIS AGREEMENT THAT PROVIDES FOR A LIMITATION OF LIABILITY, DISCLAIMER OF WARRANTIES, OR EXCLUSION OF DAMAGES IS TO ALLOCATE THE RISKS UNDER THIS AGREEMENT BETWEEN THE PARTIES. THIS ALLOCATION IS AN ESSENTIAL ELEMENT OF THE BASIS OF THE BARGAIN BETWEEN THE PARTIES. EACH OF THESE PROVISIONS IS SEVERABLE AND INDEPENDENT OF ALL OTHER PROVISIONS OF THIS AGREEMENT. THE LIMITATIONS IN THIS SECTION WILL APPLY EVEN IF ANY LIMITED REMEDY FAILS OF ITS ESSENTIAL PURPOSE.
11. Indemnification
You will indemnify and hold harmless Lightspeed and all other Providers from and against any costs, damages, expenses, and liabilities (including, but not limited to, reasonable attorneys’ fees) arising out of or related to any User Content, your use of the Services or any Content, your violation of this Agreement, or your violation of any rights of a third party.
12. Third-Party Content
Services may contain links or references to information, content, and services provided by third parties (collectively, “Third-Party Content”). Lightspeed does not monitor or have any control over Third-Party Content. Lightspeed does not endorse or adopt any Third-Party Content and can make no guarantee as to its accuracy or completeness. Lightspeed undertakes no responsibility to update or review any Third-Party Content, and does not represent or warrant the accuracy of any information contained in any Third Party Content. You use any Third Party Content contained therein at your own risk. Views expressed in Third Party Content are not endorsed by Lightspeed.
13. Privacy
Lightspeed may collect registration data and obtain other information about you through the Services. Please see our Privacy Policy for information regarding Lightspeed’s collection, use, and disclosure of such information.
14. Feedback
You acknowledge and agree that any questions, comments, suggestions, ideas, feedback, original or creative materials, or other information or content provided by you to Lightspeed, to the extent it is not User Content, will become the sole property of Lightspeed. Lightspeed will own exclusive rights, including all intellectual property rights, and shall be entitled to the unrestricted use and dissemination of such information and content for any purpose, commercial or otherwise, without acknowledgment or compensation to you. Further, you hereby grant to Lightspeed a perpetual and irrevocable license to use such information and content for any purpose.
15. Independent Contractors
You and Lightspeed are independent contractors for all purposes. No agency, partnership, joint venture, employee-employer or franchisor-franchisee relationship is intended or created by this Agreement or by your access to or use of the Services.
16. General
Termination
Notwithstanding any term of this Agreement, Lightspeed reserves the right, without notice and in its sole discretion, to discontinue or terminate any of the Services, to terminate your license to use the Services, to delete any Panel registrations or other accounts, to delete Points without redemption, and to restrict, block, limit, and prevent your access to and use of the Services. Any termination or other action by Lightspeed described in this paragraph will not limit any other remedies available to Lightspeed at law, equity or otherwise.
Updates to this Agreement
Lightspeed may update this Agreement from time to time. When it does, it will revise the “updated” date on this Agreement. You are responsible for reviewing and adhering to the most recent update of this Agreement.
General Legal Notices
By accessing or using the Services, you consent to receiving electronic communications from Lightspeed. These communications may include notices about your account and information concerning or related to the Services. You agree that any notices, agreements, disclosures, or other communications that Lightspeed sends to you electronically will satisfy any legal communication requirements, including any requirement that communications be in writing.
Lightspeed’s failure to act in a particular circumstance does not waive its ability to act with respect to that circumstance or similar circumstances. Any provision of this Agreement that is found to be invalid, unlawful, or unenforceable will be severed from this Agreement, and the remaining provisions of this Agreement will continue to be in full force and effect. The section headings and titles in this Agreement are for convenience only and have no legal or contractual effect. Any provisions in this Agreement that by their nature should survive the termination of this Agreement (including, without limitation, provisions governing indemnification, limitations on liability, disclaimers of warranty, and ownership of intellectual property) will continue to remain in full force and effect after the termination of this Agreement.
This Agreement is governed by the laws of the State of New York, USA, excluding conflicts of law principles. Any controversy or claim arising out of or relating to the Services or this Agreement must be commenced within one year after the claim arose and will be settled by binding arbitration in accordance with the commercial arbitration rules of the American Arbitration Association. Any such controversy or claim will be arbitrated on an individual basis, and will not be consolidated in any arbitration with any claim or controversy of any other party. The arbitration will be conducted in New York, New York, and judgment on the arbitration award may be entered into any court of competent jurisdiction. The award of the arbitrator will be final and binding upon the parties without appeal or review except as permitted by New York law. Either party may seek any interim or preliminary injunctive relief from any court of competent jurisdiction, as necessary to protect the party’s rights or property pending the completion of arbitration.
This Agreement, including all terms, policies, and guidelines referenced in this Agreement, is the entire agreement between you and Lightspeed concerning the Services. This Agreement supersedes all prior agreements or communications between you and Lightspeed regarding the subject matter of this Agreement.
Contacting Lightspeed
If you wish to contact us regarding any questions or concerns about this Agreement or the Services, please view our Contact Us page .
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LIFEPOINTS PANEL PRIVACY POLICY
Lightspeed Privacy Policy
Last updated: September 23rd, 2020
1. Introduction
This Privacy Policy sets out the commitment of Lightspeed LLC, 685 US-206, Suite 204, Bridgewater, New Jersey NJ 08807, USA and its affiliates including Lightspeed Research Limited, 4 Millbank, Westminster, London, SW1P 3JA, UK (altogether “Lightspeed”), a Kantar group company (“Kantar”), to the privacy of its panel members (“Panellists”, “Panellist”), and governs Panellists’ rights regarding privacy and data protection.
This Privacy Policy applies to the Lightspeed panels known as LifePoints and All Global Circle, altogether identified in this Privacy Policy as the Lightspeed panels (the “Panels”). For clarity, this policy is publicly available on the LifePoints panel site as “LifePoints Panel Privacy Policy” and on the All Global Circle as “All Global Circle Privacy Policy”. Panellists are members of the Panels, operated by Lightspeed and for which Lightspeed is the data controller. Taking part in our panels, surveys and research activities is entirely voluntary. By registering to the Panels and accepting these terms, you confirm that you have read and understood the terms of this Privacy Policy. We ask you to read this Privacy Policy carefully.
For the purpose of this Privacy Policy, personal data means any information which relates to an identifiable living individual (or the equivalent applicable term in your jurisdiction – for example in California, personal information would also relate to a specific household).
2. Lawful Collection and Use of Data
We collect your personal data in several ways such as through our website(s) (for example your panel portal), our mobile applications and other activities such as social media, apps and online, face to face or telephone studies or other research activities. We may add other ways and activities moving forward but we will always operate in compliance with this policy.
We have set out below, more detailed information about how we use your personal data. We are also required by law to explain the legal basis for processing your personal data. These legal bases are listed below and could be different for each use case:
- we have your consent for the use of your personal data;
- we need to use your personal data in order to perform a contract with you;
- we need to process your data to comply with a legal obligation;
- we need to process your data in order to protect your vital interests or someone else;
- the processing is necessary to perform a task in the public interest; or
- the use of your personal data is necessary for our (or our clients’) legitimate interests (in which case we will explain what those interests are).
We will never misrepresent ourselves or what we are doing. If you receive an email that concerns you, purporting to be from us, please let us know as shown below in “How to Contact Us”.
OPERATING OUR WEBSITE(S)
PURPOSE
Ensure that content from our site is presented effectively, according to the device you are accessing it on.
Analyse statistical data about user(s) browsing actions and their patterns
DATA COLLECTED/PROCESSED
IP address, operating system information, browser type
SOURCE
We obtain this data from you directly
PANEL REGISTRATION AND MANAGEMENT
PURPOSE
To administer your panel profile and to communicate with you, including informing you about the panel, selecting you for future surveys, contacting you to participate in our survey and other research activities, issuing your incentive, helping when you contact our panel support, etc.
DATA COLLECTED/PROCESSED
Name, email address, postal address, mobile device ID, medical education number (US), GMC Number (UK), le numéro RPPS (France), el número de colegiado (Spain), demographics and any detail you share with us about yourself and your household
SOURCE
We obtain this data from you directly
MARKET RESEARCH
PURPOSE
To understand your views about certain products and services or to understand your behaviour in different situations
DATA COLLECTED/PROCESSED
Identifier, contact details, email address, voice, image, opinion
SOURCE
We obtain this data from you directly
SCIENTIFIC RESEARCH FOR ACADEMICS, PUBLIC HEALTH ORGANISATIONS OR RESEARCH COUNCIL INSTITUTES
PURPOSE
Including but not limiting to clinical studies, health economics and outcomes research (HEOR), non-interventional studies (NIS), real world research (RWR), observational studies, epidemiology research
DATA COLLECTED/PROCESSED
Identifier, contact details, email address, health data, e.g. disease, health status, diagnose, treatment pattern, unmet needs
SOURCE
We obtain this data from you directly, or combined with other secondary database
SCIENTIFIC RESEARCH FOR COMMERCIAL COMPANIES AND CHARITABLE RESEARCH ORGANISATIONS
PURPOSE
Including but not limiting to clinical studies, health economics and outcomes research (HEOR), non-interventional studies (NIS), real world research (RWR), observational studies, epidemiology research
DATA COLLECTED/PROCESSED
Identifier, contact details, email address, health data, e.g. disease, health status, diagnose, treatment pattern, unmet needs
SOURCE
We obtain this data from you directly, or combined with other secondary database
SAFETY MONITORING (PHARMACOVIGILANCE ADVERSE EVENTS REPORTING)
PURPOSE
Report Adverse Events during our studies to competent authorities
DATA COLLECTED/PROCESSED
Identifier, contact details, email address, disease, treatment, product taken and adverse events
SOURCE
We obtain this data from you directly, or combined with other secondary database
PUBLIC DISCLOSURE
PURPOSE
To share or disclose pursuant to judicial or other government subpoenas, warrants, orders or pursuant to similar and other legal or regulatory requirements, we will provide such information to the appropriate authorities
DATA COLLECTED/PROCESSED
Identifier, name, contact details, email address, incentive received
SOURCE
We obtain this data from you directly, or combined with other secondary database
FRAUD PROTECTION
PURPOSE
Protection of our business interests against fraudulent behaviour
DATA COLLECTED/PROCESSED
IP address, browser specifications, device specifications, postal addresses, email addresses, official identification number (i.e. ME number)
SOURCE
We obtain this data from you directly
SURVEY PARTICIPATION UNIQUENESS
PURPOSE
Prevention of multiple entries in surveys by the same individuals in line with our Terms and Conditions
DATA COLLECTED/PROCESSED
IP address, browser specifications, device specifications
SOURCE
We obtain this data from you directly
TRACKING OF THE ANSWERS OF RECURRING RESPONDENTS (SPECIAL RESEARCH DESIGN PROJECTS)
PURPOSE
When you participate in our surveys, we typically use a temporary ID which makes your answers in the survey anonymous to our clients. However, some of our clients have the specific research design need to understand how your opinion has evolved over a period of time. For this specific project type that we call “tracking” projects we will use persistent IDs and we will make this clear at the beginning of each of these surveys. Your survey responses will be considered as personal data and you will have the right to access them. Such projects will contain a notice on the very first page of the survey, so that you can identify them and decide whether or not to take part
DATA COLLECTED/PROCESSED
Persistent unique project-specific identifier
SOURCE
We obtain this data from you directly
DATA MATCHING AND ENRICHMENT
PURPOSE
We enrich the data we hold on file about you by matching your personal data with third parties. This will help us to improve your panel profile and ensure that we select relevant surveys for you.
We utilize matching services (i.e. third parties who are specialized in data management) to acquire additional information about you from public and private data sources (such as social networks, retailers and content subscription services with whom you have an account) or to use your personal data as an aid to develop additional or new types of anonymous data sets (i.e. we compile your aggregate data with data from other consumers to create a new lifestyle segment). The matching service (our data partner) holds the personal data we share for a short time, uses it to assemble the additional information, and then returns the combined information to us. Data partners are contractually bound to delete the data we share with them and/or are not authorised to use it in any way other than for this specific purpose.
DATA COLLECTED/PROCESSED
Persistent unique identifier, contact details, email address, social login, cookie, mobile device ID, official identification number (i.e. ME number)
SOURCE
We obtain this data from you directly or combined with other secondary database
ADVERTISING TARGETING AND MEDIA BUYING RESEARCH
PURPOSE
We use your personal data to help our clients and data partners enrich their data by using lookalike modelling techniques.
Thanks to your participation in our surveys and your profile data, we can help our clients to improve their advertising targeting, and to create better online advertising models, through lookalike modelling or similar research methodologies. We will use your personal data we collect about you through profile building, participation in research surveys or data matching to match with third-parties and platforms (our data partners).
We include contractual safeguards to ensure that you will not automatically be targeted for commercial purposes, as a result of your data being used to help create a lookalike audience, and that our data partners cannot use your data for any other purpose.
DATA COLLECTED/PROCESSED
Persistent unique identifier, contact details, email address, social login, cookie, IP address, mobile device ID, official identification number (i.e. ME number)
SOURCE
We obtain this data from you directly or combined with other secondary database
AD EXPOSURE AND MEASUREMENT
PURPOSE
In addition to cookie-based matching (which you can control and consent to via your panel account), we will use personal data you provide to us, such as an email address, in a direct matching process with third parties (i.e. our clients and publishers) to determine if you are a user of that service (such as social networks, websites, mobile apps) for advertising measurement research purposes. We will identify what advertisements you may have been exposed to on those sites and platforms and measure how brand attitudes or brand recall have impacted sales. The third parties that we work with are not permitted to use the data for any other purpose.
DATA COLLECTED/PROCESSED
Persistent unique identifier, contact details, email address, social login, cookie, IP address, mobile device ID, official identification number (i.e. ME number)
SOURCE
We obtain this data from you directly or combined with other secondary database
3. Third Parties (Clients and Suppliers)
We may share your personal data with our third-party vendors and processors to perform panel management related activities in order to deliver panel services and activities to you. This could include vendors managing or assisting us in managing our panel databases, marketing automation and CRM, quality checks and fraud prevention, incentive management, and customer care. Some vendors will specifically work with us on enriching your panel profile, allowing us to select you for surveys, such as vendors specialized in, but not limited to, data matching, online ad effectiveness measurement, and social media data interactions. Categories of personal data shared with these vendors would typically be, but may not be limited to, name, email address, postal address, phone number, cookie ID, panelist ID, and IP address. Your personal data is not sold to third parties.
Our third-party data partners and publishers are all contractually bound to keep any information they collect and disclose to us, or that we collect and disclose to them, confidential and must protect it with security standards and practices that are equivalent to our own.
4. Confidentiality, Security and Industry Requirements and Where We Store Your Personal Data
We take appropriate technological and organisational measures to protect your personal data, both during transmission and once we receive it. Our security procedures are consistent with generally accepted standards used to protect personal data.
The data that we collect from you may be transferred to and/or stored outside your territory. It may also be processed by staff operating outside your territory who work for us or for one of our suppliers. If your personal data is transferred to, stored at or otherwise processed outside your country or territory, and that country or territory has not been recognized as providing an adequate level of data protection, we will put in place additional safeguards to protect your personal data, as required by applicable law. For example, if you are in the EEA, standard contractual clauses would be used if we process your data outside the EEA.
Your account information and personal data are password protected so that you and only you have access to your information. In order to keep your personal data safe, we recommend that you do not divulge your password to anyone. Lightspeed will never ask you for your password in an unsolicited phone call or in an unsolicited email. Also, please remember to sign out of your Panels account and close your browser window when you have finished visiting our site. This is to ensure that others cannot access your personal data and correspondence if you share a computer with someone else or are using a computer in a public place like a library or Internet cafe. Please change your password regularly.
5. Industry Standards
We adhere to various standards and industry codes depending on your location, including:
- European Society for Opinion and Market Research (ESOMAR)
- European Pharmaceutical Market Research Association (EphMRA)
- Advertising Research Foundation (ARF)
- Director General Ordinance Factories (DGOF)
- Market Research Society (MRS UK)
- Australian Market and Social Research Society (AMSRS)
- British Healthcare British Intelligence Association (BHBIA)
- Korea Research Association (Kora)
- Dutch Market Research Association (MOA)
- Intellus Worldwide
- Perhimpunan Riset Pemsaran Indonesia (PERPI)
- Market Research Society of India (MRSI)
- Marketing Opinion And Research Society Philippines (MORES)
- China Marketing Research Association (CMRA)
- Japan Marketing Research Association (JMRA)
- Market Research Society Hong Kong (MRSHK)
- Australian Market and Social Research Organisations (AMSRO)
- Canadian Marketing Association (CMA)
6. Cookie Disclosure
Cookies are small text files stored on your computer or mobile device by a website that assigns a numerical user ID and stores certain information about your online browsing. They are used to help users navigate websites efficiently and perform certain functions. The website sends information to the browser, which then creates a text file on the user’s computer or mobile device. Every time the user goes back to the same website, the browser retrieves and sends this file to the website’s server.
For behavioural tracking research, we use optional cookies / software applications, but only if you have given your consent to these cookies / applications.
As is true of most online surveys, we gather certain information automatically and store it in survey data files. This information may include the following: Internet Protocol addresses (IP address), browser type, Internet service provider (“ISP”); referring/exit pages, operating system and date/time stamp.
We use this automatically collected information to analyse trends such as browser usage and to administer the site, e.g. to optimise the survey experience depending on your browser type. We may also use your IP address to check whether there have been multiple participations in the survey from this IP address and to protect our business against fraudulent behaviour.
Lightspeed defines cookies within 3 categories:
- Required to use the Panels site;
- Security-specific and
- Behavioural or advertising research cookies.
For more information, please log in and access your cookie preferences page where you are able to adjust your cookie settings.
7. Accuracy
We take reasonable steps to keep personal data in our possession or control accurate, complete and current, based on the most recent information made available to us by you and/or by our client.
We rely on you to help us keep your personal data accurate, complete and current by answering our questions honestly. You are responsible for ensuring that you notify us of any changes to your personal data.
8. Children’s Data
Lightspeed recognizes the need to provide further privacy protections with respect to personal data collected from children. We never knowingly invite children under the legal age set by the authorities in the country in which you reside to participate in research studies without parental permission. If it is necessary and appropriate to a particular project to directly involve children under the legal age, we take measures to ensure we have been obtained permission by a parent and/or legal guardian. Lightspeed will provide parents and/or a legal guardian information about the survey topic, any personal or sensitive information which may be collected from the children, the way the data will be used and whether and with whom Lightspeed may share such information. We do not sell children’s personal data.
While the child is completing the survey, it is the responsibility of the parent and/or guardian to supervise them.
9. Sensitive Data
From time to time, Lightspeed may collect personal data that is classified as “special categories” of personal data. This includes racial or ethnic origin, political opinions, religious or philosophical beliefs, or trade union membership, genetic data, biometric data for the purpose of uniquely identifying a natural person, data concerning health or data concerning a natural person’s sex life or sexual orientation. You can always choose whether to provide this data to us.
10. Rights of Individuals
To request access to personal data that we hold about you, you should submit your request in writing to the e-mail address or postal address shown below in the ”How to Contact Us” section. When you make a request you should provide your panellist ID or any other relevant identifiers. We may also request you provide a copy of a valid government issued or official identification (such as drivers licence or passport) if we need to verify your request.
You have the following rights in relation to your personal data:
- Right to change your mind and to withdraw your consent;
- Right to access your personal data;
- Right to rectify your personal data;
- Right to erase your personal data from our systems, unless we have legitimate interest reasons for continuing to process the information;
- Right to port your personal data (portability right);
- Right to restrict processing of your personal data;
- Right to object to the processing of your personal data;
- Right to opt out of the sale of your personal data (if we sell your data) and
- Right to not be discriminated against for exercising any of the rights available to you under applicable data protection laws.
If necessary, we shall also notify third parties to whom we have transferred your personal data of any changes that we make on your request. Note that while Lightspeed communicates to these third parties, Lightspeed is not responsible for the actions taken by these third parties to answer your request. You may be able to access your personal data held by these third parties and correct, amend or delete it where it is inaccurate.
11. Data Storage and Retention
Personal data shall be retained only for such period as is appropriate for its intended and lawful use. Lightspeed shall retain your personal data for as long as you are a member of the Panels. In the event that you unsubscribe from the Panels, we shall retain data for no longer than 3 months after you unsubscribe, unless otherwise required by law. Personal data that is no longer required shall be disposed of in a manner that ensures that the confidential nature is not compromised.
As part of the Company Business Continuity Plan and as required by ISO 27001, ISO 9001, ISO 20252 and in certain instances the law, our electronic systems are backed up and archived. These archives are retained for a defined period of time in a strictly controlled environment. Once expired, the data is deleted and destroyed to ensure the data is erased completely.
12. Updates to Our Privacy Policy
We keep our privacy policy under regular review and it may be amended from time to time and at least every 12 months. We will always have the most up-to-date policy on our website, or within your panel portal. We will record when the policy was last revised. Non-material changes to this Privacy Policy will be announced through the Panels’ sites only. Your continued access to the Panels’ sites and services after such changes conclusively demonstrates your consent to any changes.
13. How to Contact Us
If you have any questions or concerns relating to your privacy or to Lightspeed privacy practices, (or for example you wish to unsubscribe) our General Counsel and Data Protection Officer is Gillie Abbotts-Jones and you can contact Lightspeed:
- by email at privacy@lightspeedresearch.com
- by post to: Lightspeed, Privacy Office, 4 Millbank, Westminster, London SW1P 3JA, United Kingdom
- Calling the 1800 toll free number listed on Kantar.com (only if you are in the USA).
14. Complaints & Country Specific Disclosure
If you consider that our processing of your personal data infringes data protection laws, you have a legal right to lodge a complaint with a supervisory authority responsible for data protection. You may do so in the EU member state or jurisdiction of your habitual residence, your place of work or the place of the alleged infringement. To find the contact details of your country supervisory authority, please consult our dedicated page. |
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Rewardia (the Site) is a loyalty program where members may have the opportunity to earn points, which are redeemable for rewards. The Site is containing product, merchant, store and pricing information, reviews and comparisons, including user-generated content such as ratings, polls, opinions, comments, articles, and reviews. The Site is owned and operated by MyShopping Australia Pty Ltd (ABN 24 164 419 354).
Please read these Terms of Use carefully before accessing or using the information, content, services and forums available through the Site. If you are under 18 years of age, you must obtain a parent/guardian’s consent before accessing and using the Site
Important Notice: these Terms of Use constitute a legally enforceable agreement with Rewardia. If you do not agree with any of these Terms of Use, you are not permitted to use the Site and should immediately exit from it.
By accessing and using the Site you agree that your access and use is governed by these Terms of Use. Your use by accessing, browsing, opening or otherwise using any part of the Site is evidence of your acceptance of these Terms of Use.
Modifications
Rewardia may modify these Terms of Use at any time, and such modifications will be effective as soon as they are posted. By continuing to use the Site after the Terms of Use have been modified, you agree to be bound by the modification. A copy of the current Terms of Use is displayed on the Site at all times.
Prohibited Conduct
You must not:
- create multiple accounts. Only one account per member is allowed.
- use software that attempts to manipulate any aspects of the Rewardia program in any way.
- earn rewards points by using Rewardia from multiple browser windows or multiple devices at the same time.
- use the Site for any activities or post or transmit to or via the Site, any information or materials which breach any laws or regulations, infringe a third party’s rights, are contrary to any relevant standards or codes
- use another’s name, username or password without their permission
- “gaming” or “hacking” the Rewardia’s program in any way
- tamper with, hinder the operation of, or make unauthorised modifications to the Site
- knowingly transmit any viruses, worms, defects, Trojan horses or other disabling feature to the Site
- use any robot, spider, site search/retrieval application, or other device to retrieve or index any portion of the Site
- modify, adapt, translate, or reverse engineer any portion of the Site
- remove any copyright, trade mark or other proprietary rights notices contained in or on the Site
- collect any information about other users or Rewardia members (including usernames and/or email addresses) for any purpose other than to share opinions or reviews with other users or members
- reformat or frame any portion of the web pages that are part of the Site
- create user accounts by automated means or under false or fraudulent pretenses
- account is strictly for the use of one person only, must not be shared with other people.
- use of the Site or to violate the security of any computer network, crack passwords or security encryption codes, transfer or store illegal material including that which may be deemed threatening or obscene
- take any action that imposes, or may impose in our sole discretion, an unreasonable or disproportionately large load on our IT infrastructure
- use the Site otherwise than in accordance with these Terms of Use
- attempt any of the above acts or permit another person to do any of the above acts.
Rewards program
By registering as a member of Rewardia, you are eligible to participate in our rewards program. Rewardia is for your private personal and non-commercial use only.
Points can be earned by participating in activities such as games, polls, surveys, etc. by following the instructions associated with an activity and upon satisfying all of the requirements of the activity.
Only members located in Australia are eligible to earn rewards from Surveys & Games.
Each eligible item available for purchase through the Site will show the number of rewards points you may earn by purchasing that item. The number of points awarded for the purchase of an item or participating in an activities may be changed at any time (including after purchase) in the absolute discretion of Rewardia. The rewards points for the item will be credited to your Rewardia member account through which you made the purchase within 48 hours of the transaction being processed. If reward points are credited to your account due to a human or computer error, we reserve the right to remove the transactions without notice. Rewards accrued on your Rewardia member account are not transferrable or assignable to any other account, person or entity.
Rewards points can be redeemed for cash, gift cards and other special deals offered at rewards store in accordance with the terms of issue.
A voucher/gift card must be used within 30 days of the date of issue of the voucher, after which time it will expire. If you are unable to use a voucher due to a technical difficulty or other unforeseen circumstance, you must contact Rewardia to assist in the resolution of the problem using the contact details at the bottom of this page. If Rewardia is unable to resolve the problem within 30 days from the date of issue of the voucher, you may return the voucher and ask Rewardia to refund the rewards points, at which time the rewards points will be credited back to your Rewardia member account. No voucher return will be accepted by Rewardia unless you have experienced technical difficulties using the voucher that have not been able to be resolved by first contacting Rewardia for assistance and the return request is made within 30 days of the date of issue of the voucher.
Rewards points may be redeemed on the Site or as expressly permitted by Rewardia. Rewards points that are redeemed will be deducted from your Rewardia member account at the time of redemption. Once a transaction to redeem rewards points has been processed, it cannot be amended or reversed. Rewards points cannot be used in conjunction with any other offer, unless expressly stated otherwise.
Rewardia at its sole discretion can remove points from your account or suspend your account entirely if rewards were earned through means that are against the Terms of Use.
If your Rewardia member account is terminated or cancelled for any reason, all rewards points on the account at the time of termination or cancellation are automatically forfeited. You will then have no rights, claim or recourse in respect of any rewards points previously accrued to your account. Any Rewardia account that has not been used (points either earned or redeemed) for three years or more may be deemed inactive and the account closed.
Any taxation liability or any other government charge or reporting requirement in connection with the receipt of a reward is your sole responsibility. Rewardia offers no advice to or accepts any taxation liability in relation to rewards. To the extent permitted by law, Rewardia makes no warranties or representations, either express or implied, with respect to the type, quality, standard, suitability or fitness for purpose of rewards provided under Rewardia’s loyalty program.
Rewardia does not guarantee that you will receive the expected number of points for every purchase or participating in activities due to technical difficulties, fraud or other unforeseen circumstances that may occur. You must not, and undertake and agree that you will not, rely on the advertised rewards points in making purchase decisions. Rewardia will not be liable for any failure to award points following a purchase. If Rewardia does not provide you with the expected number of rewards points, or if you have any other concerns regarding your Rewardia member account rewards points balance, you may contact Rewardia to assist in the resolution of the dispute using the contact details at the bottom of this page. Rewardia will try to resolve your dispute, however you acknowledge that Rewardia will have no obligation to do so.
If the Voucher code does not work at the checkout or you are unsure how to use Voucher, you need to contact the Merchant or Rewardia BEFORE you place the order.
Our use of your information
We retain the right at all times to monitor, retain and disclose any information as necessary for us to satisfy our obligations under any applicable laws. More information about the information we collect from you and what we do with that information is set out in our privacy policy You acknowledge that all forums, discussion groups and content postings are public and not private communications. Information or postings submitted to the forum or discussion group by users is subject to our review and moderation. We reserve the right to remove without notice or moderate any content in a forum, comments or discussion group or any content posting for any reason. We reserve the right to terminate, without prior notice, your access to your Rewardia account.
Intellectual Property Rights
Unless otherwise stated, Rewardia owns or has a valid licence to use all copyright in the content of the Site and trade marks used on the Site.
You must not modify, copy, adapt, store in a retrieval system, reproduce, upload, post, transmit, sell, frame or embed in another website or distribute in any way any content contained on or in the Site and owned or licensed by Rewardia, except as expressly approved by us in writing or as permitted under the Copyright Act 1968 (Cth).
We grant you permission to do the following with the material on the Site:
- store a reproduction of the material on your local computer for the sole purpose of viewing the material; and
- print hard copies of material for your personal information, but not commercial use.
When you contribute postings or any content to the Site, you grant Rewardia a royalty free, worldwide, perpetual, non-exclusive, and irrevocable licence to use, publish, translate, distribute, reproduce and modify anything you submit to this Site or write about the Site (including emails and posts to our forums), in any form, and by any current or future media or technology.
You consent to Rewardia not attributing your authorship to any of your postings to this Site.
No endorsement
The display of third party Merchant trade marks on the Site does not constitute or imply Rewardia’s endorsement of or affiliation with such merchant or business (except to the extent that merchant is permitted to display content on the Site pursuant to their Merchant Agreement with Rewardia).
Inclusion of a third party link on the Site does not constitute Rewardia’s endorsement of that site or the merchant, products, services or information contained or listed on that linked to site.
Limitation of Liability
You accept all risks and responsibility for all loss, damage, costs and other consequences resulting from your use the Site or the content, postings or material on or accessible through the Site (including search results, editorial content, user rating, any other content or transactions conducted through a linked site).
Except as expressly stated in these terms, Rewardia will not be liable for any loss whatsoever (including, without limitation, indirect, incidental, special, or consequential loss, loss of profits or loss of opportunity), expense, damage, or injury that is suffered (however so caused) in connection with your access to, or use of, or inability to use the Site or the content or materials of the Site (including linked websites), whether based in contract, tort, negligence, statute or any other legal theory, except for any liability that cannot be excluded by law.
Links to External Sites
Where the Site includes links to other web sites, Rewardia does not make any warranties or representations regarding the quality, accuracy, merchantability or fitness for purpose of any product or material on these other web sites. These sites are maintained by third parties and are not under the control of Rewardia. Rewardia is not responsible for the content of any linked site or any link contained in a linked site.
No SPAM
Any publication of e-mail addresses on the Site is for the purpose of professional communication only. Our e-mail addresses must not be used to send unsolicited commercial electronic messages.
Indemnity
By entering and using the Site and any information or services offered via the Site, you must indemnify Rewardia against all claims, demands, proceedings, costs (including legal costs), expenses, damages, awards, judgments, and any other liability whatsoever wholly or partially arising directly or indirectly in connection with your access to or use of the Site and its information, services, content or materials.
Warranties
Rewardia provides the Site on an “as is” basis without any express or implied warranty of any kind.
While Rewardia exercise all due care and precautions, Rewardia cannot and does not guarantee or warrant that files posted to and/or available for downloading through the Site or delivered via electronic mail will be free of infection, viruses, defects, harmful components or any other codes that may have contaminating or destructive properties. You are responsible for implementing procedures that satisfy your requirements for accuracy of data input and output, and for maintaining a means external to the Site to reconstruct any lost data.
In compiling content for the Site, Rewardia relies on information supplied by a number of external sources and content posted by third parties, including the content of any messages or reviews. As Rewardia does not control the content posted by third parties on the Site, we can not and do not warrant the accuracy, completeness, integrity or quality of such information or content. We do not warrant the information provided on the Site is free from human or automated error. You must not rely on any information presented on the Site. Reliance is solely at your own risk.
Where any legislation such as the Trade Practices Act (1974) (Cth) implies into this agreement any condition or warranty and that legislation voids or prohibits conditions in a contract excluding the application of the conditional warranty, the liability of Rewardia for any breach of the condition or warranty is limited to, at Rewardia’s option either:
- the resupply of the services
- the reasonable cost of having the services resupplied.
Adult Content
Some parts of the Site may contain adult content intended for people who are at least 18 years old. If you view this adult content, we understand that you are telling us that you are at least 18 years old and that the material you are viewing is acceptable to you.
Severability
If any part of these Terms of Use is deemed invalid, that part will be severed from this agreement and the remainder of these Terms of Use will continue to be valid and enforceable.
Governing Law
This agreement is governed by the laws of New South Wales, Australia. You irrevocably submit to the exclusive jurisdiction of the laws and courts of New South Wales, Australia.
Information Use
We welcome your feedback regarding our Site. If you provide feedback or send comments to us, you agree that Rewardia is permitted to reproduce, transmit, distribute, create derivate works of, and publicly display any information that you submit to us.
Privacy
Rewardia Privacy Policy forms part of these Terms of Use. View Privacy Policy
Contact Us
Rewardia. ABN 24164419354
10/6a Gray street, Bondi Junction, NSW 2022, Australia
Maintaining your privacy
MyShopping Australia Pty Ltd owns and operates this site ‘Rewardia’. We have created this Privacy Policy to demonstrate our commitment to maintaining the privacy and accuracy of your personal information. We take all reasonable precautions to ensure the personal information we collect, use and disclose is accurate and current. However, the accuracy of that information depends largely on the information you provide. Privacy of children This site is not directed at or intended for use by persons under the age of 13. We do not knowingly collect, store or disclose personal information of persons under the age of 13. If you are under 13 years of age, then please immediately exit from the site and do not use or access this site unless and until we receive verified parental consent for your continued use. We will take relevant action to delete the personal information of persons under the age of 13 where we learn such information has been collected and stored through the site without verified parental consent.
Collecting personal information
Rewardia collects aggregated, non-personal statistical information on site visitors such as:
- your server IP address
- the date and time of your visit to the site
- the pages you accessed and the documents downloaded
- the duration of your visit to the site
- the previous site you have visited
- the type of web browser you are using
- other information provided by your browser’s HTTP headers
Rewardia also collects user submitted information such as:
- Rewardia account information, including name and email address;
- location information, including city, state and postcode
- reviews, articles, responses, polls, opinion, ratings of merchants, stores, products and services
- rewards program membership details
Please note, when you voluntarily disclose personally identifiable information on the Rewardia site via reviews, polls, answers, surveys, messages, feedaback, forums or postings, that information, along with any substantive information disclosed in your communication, can potentially be collected, correlated and used by third parties.
Cookies
Cookies are small pieces of information sent to your browser to authenticate, track, and maintain specific information about your interactions with a site. Rewardia uses cookies to remember who you are when you log-in, to tracking your browsing patterns and to customise and improve our site. The type of information we collect depends on what information and services you access and use, but generally do not contain or are not tied to your personal information. We may also use cookies for anonymous profiling purposes to tailor advertising to your preferences. You may opt-out of this anonymous profiling by contacting us. You can instruct your browser to refuse cookies, although this may prevent access to or limit some of the information of services contained on the site.
Rewardia Registration
If you wish to access and use Rewardia, you must register and create a user account. All information you provide when registering for a Rewardia user account including your name, address, email address, telephone number or other details can be viewed, modified or deleted at any time by contacting us or by accessing the “My Account” section of the site. Registered users who wish to close their account should Contact Us. If requested, Rewardia will use commercially reasonable efforts to functionally remove your personal information from the site. Given the nature of the Rewardia site, it may be impossible to remove all details and some residual personal information may remain on the site.
Using personal information
Rewardia is an online environment that allows people to compare merchants, products, stores and prices. All of this information is aggregated and made available in a convenient form. To accomplish this, some users write reviews, articles, opinions, complete surveys, answer questions about merchants, products, stores and prices and post this information to the site. These postings can then be accessed and read by other Rewardia users. To fulfil this purpose of the site, we need to display a limited amount of personal information, so that users are able to evaluate the trustworthiness of a particular contribution. Rewardia does not use or disclose your personal information for a purpose other than that for which it was collected, unless such use or disclosure would be reasonably expected or, if you give us your consent. In the event that you opt in for surveys or complete surveys, your personal information may be collected and used for research, validation, de-duplication or specific project needs by our Affiliate or partners. You also consent to your information being transferred outside Australia by our partners and affiliates. Unless you contact us to indicate otherwise, you consent to your personal information being used to:
- establish a Rewardia user account
- contact you for any purpose related to your account or your use of the site
- verify your identity
- market products, services and special offers to you
- assist you to subscribe to any newsletter or other promotions we offer or may in the future offer and to manage and administer those services
- make changes to your profile
- respond to any queries or feedback you may have
- inform you of ways the information or services provided to you could be improved
- research and develop our services
- to being disclosed to a partner or affiliate for marketing and research purposes
- maintain and develop our business systems
- display and aggregate your postings, including ratings, opinions, articles, comments and reviews
- allow other users of the site to contact or send postings and messages to you
- gain a better understanding of your information service requirements
- facilitate an individual’s participation in a rewards program
- facilitate an individual’s redemptions through a rewards program
- conduct appropriate checks for credit-worthiness or fraud
If you complete online surveys, your information may be transferred to our affiliates and partners who are independent entities. We therefore recommend that you read their user agreement and privacy statement before providing us with any of your details.
Several advertising networks are responsible for placing some of the advertising on this site. To make this advertising more relevant to you, anonymous information about the previous web browsing activity of your computer is collected and used to associate your computer with one or more pre-defined interest categories. Advertising that matches those interest categories may then be served to your computer. This interest based advertising does not change the amount of advertising you receive, it just makes it more relevant. General information about interest based advertising is available from the industry website www.youronlinechoices.com.au
Transferring your personal information
We reserve the right to transfer your personal information in the event of a transfer of ownership of Rewardia, such as an acquisition by or merger with another company. In such an event, Rewardia will notify you (by displaying a notice in your Rewardia user account) before your personal information is transferred and becomes subject to a different privacy policy. Rewardia will notify you (by displaying a notice in your Rewardia user account) when your personal information may be provided to third parties in ways other than explained above, and you will have the option to prevent such information sharing.
Trans-border transfer of your personal information
Rewardia is an Australian entity however our server, and all data we collect in the operation of this site, could be hosted overseas. You understand and agrees that any personal information you provide through your use of this Site may be transferred to our overseas server. By continuing to access and use this site, you consent to the application of Australian laws relating to the collection, use, and disclosure of your personal information and to the transfer of your personal information to overseas country.
Disclosing personal information
We may use third-party advertising companies to serve ads on our site. These companies may use information (not personal or contact details) about your visits to this web site to measure advertising effectiveness and to provide advertisements about goods and services of interest to you.
Links to third party sites
Rewardia may contain links to third party sites. These linked sites are not under our control. We are not responsible for the privacy practices of those sites and do not know whether cookies or other tracking devices are used on linked sites. We recommend that you review the privacy policies of each site you visit before disclosing your personal information.
Securing your personal information
All personal information held by Rewardia is stored on secure servers that are protected in a controlled environment. You should be aware however that due to the open nature of the Internet, information exchanged via the Internet may be accessed and used by people other than those for whom the data is intended. If you provide or send us any personal information, it is sent at your own risk. Although we endeavour to keep your personal information secure, Rewardia will not be held responsible for any unauthorised access and use of your personal information. To help us keep your personal information secure, you should at all times keep your password, user-name and Rewardia account details used on the Rewardia site confidential. If you become aware of unauthorised usage of your password, user-name or account you should contact us immediately.
Privacy changes
To keep this information current and accurate, Rewardia will review and update this Privacy Policy and post the changes here
Contact us
Please contact us to find out more about our procedures and policies in relation to the collection, use, disclosure, storage and handling of personal information.
If at any time you wish to know what information we are holding about you, think we may hold information about you which is incorrect / out of date, you request we delete your personal information, or you have any questions about our Privacy Policy, you can Contact Us.
If you still require further information then you should contact the (Australian) Office of the Federal Privacy Commissioner whose details follow:
Phone: Privacy Hotline (in Australia) on 1300-363-992; or
Web: www.privacy.gov.au
Post: The Federal Privacy Commissioner, GPO Box 5218, Sydney NSW 1042, Australia
Nielsen Consumer Panel Privacy Notice
Effective Date: 21/10/2019
Thank you for agreeing to join our select group of panelists! For decades, Nielsen has set the global standard for market and consumer insight research. Our insights are based on representative samples of the population and help our clients (e.g., manufacturers, retailers, media companies, non-profit organisations, and government entities) learn about what consumers watch, listen to, and buy. By participating in the Nielsen Consumer Panel (the “Panel”), your household is helping consumer packaged goods manufacturers and retailers understand how consumers decide which products to purchase or consume and influencing product development and availability as well as programming and advertising content.
As the controller of personal data processed in connection with your household’s participation in the Panel, The Nielsen Company (Australia) Pty Ltd, 11 Talavera Road, Building B, Level 2, Macquarie Park, NSW, 2113 (“Nielsen,” “we,” or “us”), is committed to protecting your privacy and handling personal data about you in an open and transparent manner. This Privacy Notice explains how we use, share, and protect the data we collect from or about you in connection with your household’s participation in the Panel and your interaction with the Panel website https://homescan.acnielsen.com.au/Default.asp (the “Website”). This Privacy Notice also explains your legal rights in relation to such data.
Please note that this Privacy Notice applies only to data collected and processed in connection with your household’s participation in the Panel and your interaction with the Website. This Privacy Notice does not apply to your participation in any other Nielsen panels, studies, or surveys or your interaction with or use of any other Nielsen websites, applications, or online services administered or provided by Nielsen’s group of companies. Other Nielsen panels, studies, surveys, websites, applications, and online services are governed by their own privacy notices, and we encourage you to review those privacy notices before disclosing any data.
To learn more about Nielsen’s group of companies, one or more of which may also process your data in connection with your household’s participation in the Panel and your use of the Website, please click here. Your household’s participation in the Panel is always voluntary. If you have any questions about the Panel, this Privacy Notice, or your data, please refer to the “Contacting Us” section below for our contact information.
Our Privacy Commitment
Collection of Personal Data
Use of Personal Data
Cookies and Similar Technologies
Disclosures and Transfers of Personal Data
Your Choices and Legal Rights
Children’s Data
Data Security
Data Retention
Updates to this Privacy Notice
Contacting Us
OUR PRIVACY COMMITMENT
Nielsen is a privacy-conscious organisation and complies with all applicable data protection and privacy laws, including the Australian Privacy Principles. Indeed, it is crucial for us to maintain the confidentiality of our panelists’ data in order to prevent any third-party interference with panelists that could affect their behaviour and the accuracy of our data and insights. We also will not use data that identifies you to advertise, promote, market, or sell third-party goods or services directly to you or other members of your household.
COLLECTION OF PERSONAL DATA
As a potential or current participant in the Panel, we will collect or otherwise obtain data relating to you in a variety of ways. Such data may include personal data (i.e., data that alone or in combination with other data identifies you as an individual, such as your name, email address, phone number, and other data that can be reasonably linked to you as an individual). Additional details about the data we may gather about you in connection with your household’s participation in the Panel and the sources of such data can be found below.
- Data provided by you or a member of your household
During the recruitment and registration process or as part of a research study, we will gather data about you and other members of your household through the voluntary completion of our online recruitment questionnaire and other panel registration activities. The data requested may include your name, mailing address, telephone number, email address, and demographic data (e.g., your age, gender, occupation, marital status, etc.) and similar data about the other members of your household. You may voluntarily provide or disclose to us sensitive personal data (in particular if your household participates in a panel that involves the healthcare industry), which is information that discloses or reveals health or medical conditions, biometric or genetic data, sexual orientation or sexual life, political opinions/views, race/ethnic origin, religious and philosophical beliefs, and trade-union membership.
Once your household has joined the Panel, you and/or another member of your household will scan the barcodes of your household’s purchases with a handheld scanner provided by us (the “Scanner”) or by using the Nielsen Consumer Panel mobile app (the “App”), and this information will be passed to us automatically either weekly (if using the Scanner) or immediately (if using the App). If your household has been provided with the Scanner, additional details about the data collected via the Scanner can be found below. If you have downloaded and installed the App on your mobile device, we encourage you to review the App’s privacy notice to learn more about its data collection practices.
While your household is actively participating in the Panel, we will periodically request your voluntary completion of questionnaires or participation in surveys or studies administered by us in order to better understand your views, preferences (e.g., your favorite breakfast cereal brand), and/or purchasing habits (e.g., when, where, and/or how frequently you shop for groceries). In connection with these questionnaires, surveys, and/or studies, we may gather additional information about you and the other members of your household that is voluntarily provided to us.
- Data collected in connection with your use of the Website and interaction with content
and advertising
In certain cases, we (or third parties) may collect data about your device(s) using cookies and other similar technologies. This data may include your device’s internet protocol (IP) address, unique device identifiers, device model, operating system and version, browser type and language, and other transactional data (e.g., pages visited and access dates and times). Additional information about our use of cookies and similar technologies can be found in the “Cookies and Similar Technologies” section below.
- Data collected by Nielsen-supplied equipment
The Scanner that is provided to your household after joining the Panel is designed to help your household share purchase data and other data with us. In particular, your household will use the Scanner to record the products that your household buys and share other relevant information with us (e.g., when you and other members of your household are away from home on holiday, business travel, etc.). The Scanner also records timestamps when you or another member of your household records purchases, completes a survey, or reads a message on the Scanner. Your household will receive additional details about the Scanner, including instructions on installation and use of the Scanner and its features, after joining the Panel.
- Data we obtain from other sources
We may obtain data about you from other sources, generally relating to your demographic characteristics; what you watch, research, or buy; and your exposure to certain content or advertising. We also obtain data from third party panel providers who help us recruit for our panels.
We may obtain this data from various sources, including but not limited to:
public sources (e.g., public databases, social media, etc.);
the manufacturers and sellers of goods and services that you or your household purchase or use;
third-party websites or mobile apps that you use and are authorised to share data with us;
third-party (non-Nielsen) panels of which you or your household are a member;
Nielsen measurement products, including Nielsen panels that you or your household participate in;
companies and retailers that offer “customer loyalty” programs; and
data providers and data-matching service providers.
We may combine the data that we collect or otherwise obtain about you with data from these additional sources.
- Data we do not collect
We do not collect identification numbers (e.g., passport or national identity numbers) or financial information (e.g., bank account or credit card numbers).
USE OF PERSONAL DATA
We use personal data for the purpose(s) for which it was collected or provided to us (as stated at the point of collection) or as otherwise obvious from the context of collection. For example, the data that we request during the recruitment process is used to determine your household’s eligibility for participation in the Panel.
Once your household has joined the Panel, personal data is used to help us create a variety of market research insights for our clients. We combine personal data you provide us with research tools and information from other sources to generate market research insights. For example, we receive information from our affiliates regarding advertisements you viewed online, which allows us to see if items you purchase were affected by online advertisements. These insights, in turn, help our clients make informed decisions about various topics, such as the products that they manufacture or stock in their stores, which advertising method(s) to use (e.g., online/digital advertising, mobile advertising, print advertising, broadcast advertising, etc.). Our clients may also use our insights to understand, among other things, the types of products consumers in different demographic groups would be likely to buy and whether residents in a particular neighborhood would be likely to shop at a specialty store if it was nearby.
When we prepare reports and share insights with our clients, we use tools and methods that are designed to ensure that there is no reasonable possibility of identifying any participants in the Panel. For example, if you complete a questionnaire or survey, we will combine your responses with the responses of other respondents in order to produce reports with aggregated data from which you cannot be identified. We may disclose personal data or survey responses to third parties as follows: (a) from time-to-time we may request that you participate in projects or studies that would involve sharing identifiable data with our clients, but we will notify you of that when we request your participation, and (b) otherwise as listed in Section 5 of this Privacy Notice.
We and our affiliates also create reports based upon “modeled data” (i.e., projections based on demographic and behavioural characteristics, such as age, gender, product purchases, or TV watching habits) that look at a sample group of people and predict what people with similar characteristics or preferences might watch or buy. This allows advertisers, for instance, to identify the likely audience for a marketing campaign. Please review the section on cookies, below, for one example of how we (and our affiliates) create reports based on “modeled data”.
In addition to using your data for our research purposes as described above, we may use your data to:
operate and manage the Panel;
provide you with information about your participation in the Panel, such as how to redeem your rewards points;
communicate with you via any means (including via email, telephone, text message, or postal mail) about the Panel and/or the Website, respond to your inquiries and requests, or update/validate the data that we hold about you;
contact you with information about our business, services, and events as well as other information that may be of interest to you, such as offers to participate in other panels, studies, or surveys administered by us or other Nielsen entities (subject always to obtaining your prior opt-in consent to the extent required under applicable law);
operate and manage the Website and customize or personalize your user experience and the content we deliver to you when using the Website;
operate and manage our IT and security systems, including to monitor such systems and identify and respond to security events;
conduct research for quality assurance and product, service, and business development purposes;
facilitate the day-to-day operations and financial management of the Nielsen group of companies and any corporate transactions (e.g., a reorganization, merger, sale, joint venture, assignment, transfer, etc.);
protect the rights, safety, property, or operations of one or more Nielsen entities, you, or others;
comply with applicable laws and regulations and establish, exercise, and/or defend the legal rights of one or more Nielsen entities; and
respond to requests and communications from law enforcement authorities or other government officials.
Please note that because we are continually adapting our services to evolving consumer and media consumption patterns, we may also use your data in ways that we have not developed yet, in which case we will provide you with additional information as our practices change.
COOKIES AND SIMILAR TECHNOLOGIES
A cookie is a small amount of data, which often includes a unique identifier, sent to your browser from a website’s computers and stored on your computer’s hard drive. We may use cookies (i.e., small text files placed on your device) and similar technologies (e.g., web beacons, pixels, and ad tags) to enable certain features and functionality and collect additional data that helps us improve the Website and better deliver our services to you. In particular, we may use cookies (session and persistent cookies) to:
Identify your browser or device, display information more effectively, provide you with tailored content, and gather statistical information about how you use the Website;
To detect and defend against fraud and other security purposes/risks in order to protect the Website’s visitors; and
On occasion, we use cookies to understand your exposure to certain Internet advertisements as you surf the Web.
If you do not wish to have data collected from your device by cookies and similar technologies, most browsers allow you to control and decline the use of cookies through the browser settings. Please note, however, that if you decline the use of cookies or limit the ability of the Website to set cookies, some of its features may not work properly.
Advertising Effectiveness and other Cookie-Based Opportunities
Our Advertising Effectiveness Program and Other Cookie-Based Opportunities allows us to create a much more rounded picture of households’ shopping habits such as by, for example, seeing if the items purchased have been affected by online advertisements. We do so by using cookies.
The Advertising Effectiveness Program-related cookie placed on your device enables us to store information on your browser, such as a unique cookie ID and Homescan panel ID, and access such information at a later date. When you visit an online advertisement or website containing a Nielsen pixel tag, we (or our affiliates) are able to read the information stored in the cookie, record the time that you viewed the advertisement or website, and collect additional information about your device and browser (e.g., device type and model, operating system and version, IP address, and location (derived from the device’s IP address)). To the extent that this data constitutes personal data or is combined with any of personal data about you, we will handle it in accordance with this Privacy Notice. If you wish to not participate in Advertising Effectiveness Program, please click here to get an opt-out cookie.
In addition, a Nielsen Marketing Cloud-related cookie is placed on your device. This program helps us and our affiliates (e.g., the Nielsen Marketing Cloud) create reports and insights based on “modeled data” to predict what people with similar characteristics or preferences would buy. To do this, we provide information about your product purchases and our insights derived from product purchases (e.g., that you like a certain product) to Nielsen Marketing Cloud by synching your Homescan panel ID to a Nielsen Marketing Cloud ID via a cookie matching process. Nielsen Marketing Cloud analyzes this information to create a probabilistic model that can predict someone’s interest in a product (e.g., the rules or criteria used to predict someone’s interest in a product). Nielsen Marketing Cloud will then apply this model to its existing data to identify people who have similar characteristics or preferences. This allows advertisers, for example, to identify the likely audience for a marketing campaign.
Please note, Nielsen Marketing Cloud does not use the information we provide them for advertising purposes – only to create the model. Please note, however, if you browse the Internet and Nielsen Marketing Cloud independently tracks you, they will process any personal data collected per the Nielsen Marketing Cloud Privacy Notice.
If you wish to not participate, please click here to get an opt-out cookie.
DISCLOSURES AND TRANSFERS OF PERSONAL DATA
In connection with one or more of the purposes outlined above, we disclose personal data to:
other entities within the Nielsen group of companies;
our clients and other third parties, such as market research companies (in accordance with market research industry ethical guidelines), who are contractually bound to keep information disclosed confidential and use it only for research or statistical purposes, as well as organizations and institutions engaged in historical, academic, or longitudinal research;
third parties if necessary to complete any transaction you have requested or authorized or to provide you with a requested product or service;
affiliated or non-affiliated third-party service providers, including providers of the following services (among others): website or application hosting, management, or support; data analysis or processing; data backup; data security and storage; data matching; panelist recruitment; product development; and other services (subject to binding contractual obligations of confidentiality and security);
relevant third parties as part of a corporate transaction, such as a reorganization, merger, sale, joint venture, assignment, transfer or other disposition of all or any portion of our business, assets, or stock (including in connection with any bankruptcy or similar proceedings);
competent governmental and public authorities, in each case to comply with legal or regulatory obligations or requests or for the purposes of reporting any actual or suspected breach of applicable law; and
other third parties as we believe to be necessary or appropriate for legal purposes.
All of the disclosures described above may result in the transfer of personal data about you to countries or regions with data protection laws that differ from those in your country of residence and do not provide an “adequate level” of data protection. Countries in which recipients are likely to be located include those where Nielsen has offices, including the United States of America, Canada, the European Union, and India. By providing us with personal data about you, participating in the Panel, and/or using the Website, you are acknowledging that personal data about you may be transferred to countries outside of your country of residence. In cases where personal data about you is transferred outside of your country of residence, we will ensure that there are adequate safeguards in place to protect personal data.
YOUR CHOICES AND LEGAL RIGHTS
Participation in the Panel is always voluntary. If your household would like to cease participating in the Panel, please contact us using the contact information in the “Contacting Us” section below.
You also have choices about how we handle the personal data that we collect or otherwise obtain about you in connection with your household’s participation in the Panel, and we are committed to providing you with reasonable access to personal data about you and the ability to review and limit the use of such data in accordance with applicable law.
While personal data about you remains identifiable, you have the right to ask for access to personal data we hold about you and ask that we correct that personal data, subject to some exceptions. You may update your profile information at any time. You may also contact the Privacy Officer at PrivacyAU@nielsen.com to update personal data we hold about you or gain access to personal data about you. You will need to verify your identity and specify what information you wish to access or correct. If we cannot provide you with access to that information or cannot correct such information, we will provide you with written notice explaining the reasons for such refusal.
If you believe we have breached the Privacy Act 1988 (Cth) as amended (including the Australian Privacy Principles), you may complain to the Privacy Officer using the details listed above. The Privacy Officer will investigate your complaint and advise you whether the complaint has been upheld and, if so, the action taken. If your complaint is not resolved to your satisfaction within 30 days, you may refer the complaint to the Office of the Australian Information Commissioner. In Australia, Nielsen operates under the following legal entities: The Nielsen Company (Australia) Pty. Ltd., ACNielsen Research PTY. Ltd., NetRatings Australia Pty Ltd., and Nielsen Television Audience Measurement Pty. Ltd. You can find out more about us at https://www.nielsen.com/au/en/.
CHILDREN’S DATA
We generally seek to collect data about every member of households participating in the Panel, including children. We also understand the importance of protecting children’s privacy. A parent or legal guardian must contract via the Panel Membership Agreement on behalf of each child in the household in order for us to process the child’s personal data. We will handle all personal data relating to both adults and children of any age up to 18 years (following authorization from a parent or legal guardian) in accordance with this Privacy Notice.
DATA SECURITY
We have in place reasonable organisational, technical, and administrative measures that are designed to protect personal data about you from loss, misuse, and unauthorized access, disclosure, destruction, and other forms of unlawful processing while it is under our control. However, please be aware that the storage and transfer of data cannot always be one-hundred percent secure.
DATA RETENTION
We will retain your data for as long as needed for the fulfillment of the purposes described in this Privacy Notice, unless applicable law or professional or legal obligations requires a longer retention period.
UPDATES TO THIS PRIVACY NOTICE
We reserve the right to update and make changes to this Privacy Notice and to our practices in collecting and handling personal data from time-to-time. If we were to make a material change (the kind of change to the way we use personal data that might make you reconsider your participation), we will notify you and we will provide you with a copy at least 30 days prior to its implementation, giving you time to resign from the panel if you want. You may view the currently effective privacy notice at any time from by visiting the Panel member Website or by calling us on our toll free number and requesting a copy.
The most current version of this Privacy Notice will always be available on the Website. We encourage you to visit the Website periodically to remain informed about how we are using and protecting personal data about you.
CONTACTING US
If you have questions about the Panel, please contact your Nielsen Representative at: Freecall Helpline 1800 022 045
If you have questions about this Privacy Notice or our data handling practices, please email the Nielsen privacy mailbox at: privacy.department@nielsen.com, the Australian privacy mailbox at PrivacyAU@nielsen.com,or write us.
This Privacy Notice replaces any other statement, whether written or oral, made to you about our practices with respect to Nielsen’s collection and use of personal data about you in connection with the Panel and/or the Website.
THANK YOU – WE APPRECIATE AND VALUE YOUR PARTICIPATION!
Nielsen Holdings plc (NYSE: NLSN) is a global performance management company that provides a comprehensive understanding of what consumers Watch and Buy. Nielsen’s Watch segment provides media and advertising clients with Total Audience measurement services across all devices where content – video, audio and text – is consumed. The Buy segment offers consumer packaged goods manufacturers and retailers the industry’s only global view of retail performance measurement. By integrating information from its Watch and Buy segments and other data sources, Nielsen provides its clients with both world-class measurement as well as analytics that help improve performance. Nielsen, an S&P 500 company, has operations in over 100 countries that cover more than 90 percent of the world’s population. For more information, please visit www.nielsen.com.
Pureprofile – Terms and Conditions
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Info for personal accounts
Pureprofile is founded on the principle of making your everyday online activities more valuable. We know that you care about how your personal information is used and shared, and we take your privacy seriously.
By visiting and using Pureprofile, you are accepting the practices outlines in this policy.
Pureprofile products and services are provided by Pureprofile. These Terms of Service (“terms”) govern your access to and use of Pureprofile’s website, application, products, and services (“products”). Please read these Terms carefully;
When you use Pureprofile, you agree to follow our rules. Every company has conditions. These are ours.
- To access and use Pureprofile, you must register a personal account by entering a valid email address and creating a password in the registration section of the site or application. You’ll also be asked to accept these terms as part of the process.
- Linking your personal social account accounts (such as Facebook, Twitter or LinkedIn) is completely up to you and not a requirement of registration. You may also choose to do so at a later time.
- Keep your password confidential. You are entirely responsible for all activities and transactions made from your account. We are not liable for any loss or damage from any unauthorised use of your account.
- Notify us immediately of any unauthorised account use or any other security breach in Pureprofile
- You may only register one Pureprofile account. If you attempt to register multiple accounts, we have the right to suspend or close any and all of these accounts without notice and to ban you from using Pureprofile. In the event that we close your account(s) pursuant to this clause, you forfeit any rewards that you have accrued.
To use Pureprofile, you’ll need to create an account. Keep your password safe and let us know if there’s something worth reporting. We can refuse service to anyone who doesn’t follow these rules.
Privacy is an essential element of Pureprofile. We are committed to protecting the privacy of all users. We use advanced technology and follow best practice standards to protect your privacy.
We take your privacy seriously. Seriously, we’re serious.
- When you register, you’ll be given the opportunity to create an online profile. We will repeat these questions at set intervals to ensure your profile is always up to date. Conditional to this agreement and all other terms and conditions contained on the site, should you wish to update, change or delete profile information at any time you can contact us to take action.
- We use profile information to publish and deliver insights tailored to you, your interests and hobbies.
- We use profile information in conjunction with information obtained from other sources such as web cookies, your IP address and geolocation software to match and deliver relevant activities to you through Pureprofile.
- We don’t disclose information provided by you while using Pureprofile to any business in a format that may allow you to be personally identified. We may aggregate profile information with other members’ profile information and allow businesses to access this grouped and de-identified information.
Your online profile is yours but we reserve the right to use your profile information, along with other sources of information to match and deliver activities and content that you’ll like as you use Pureprofile. But don’t worry, you’ll never be personally identified with the information you provide us and we won’t share your details with any other businesses.
- Insights are collected and de-identified data from members’ responses to profile questions. Insights may be launched or withdrawn without notice by us, on our products or other media like our social media platforms.
- You may share or publish the insights we publish, but only for non-commercial use. You need prior written consent to use insight for the following purposes:
- educational or research purposes; and
- commercial use.
- When you share or publish an insight with a non-commercial purpose, in any media, you agree that:
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- you will not misrepresent the information contained in the insight;
<li “=””>you will not share and/or publish the insight in any way that would bring us, the site or other application into disrepute;
- you will not share and/or publish the insight on websites that:
- contain unlawful, threatening, abusive, defamatory, obscene, vulgar, pornographic, profane, indecent information or material; or
- promote, provide or offer unsuitable or inappropriate products or services, including but not limited to gambling, adult services and erotic products;
- you will not share and/or publish the insight by using spam or spamming techniques.
- all intellectual property in the insight is owned by us.
- To the extent the intellectual property in the insight vests in you, you agree that in consideration for us granting you a personal right to use the insight, you grant us license of the insight. This includes an irrevocable, perpetual, exclusive, fully-paid up, royalty-free, worldwide right and license, with the right to sublicense, use, reproduce, display, perform, create derivative works of, distribute and otherwise exploit that intellectual property in the insights.
You’re free to use insights, but only for your personal use. Not for education, research or any kind of business activity. And if you share it anywhere, be nice and avoid silly comments.
- You may receive invitations to various activities in your Pureprofile feed. You may either accept or skip them. If you accept an activity, you will be taken to a starting page. If you skip it, you will be shown the next available activity in your feed.
- Unless expressly indicated otherwise, the content of activities does not originate from us, and the inclusion of any particular content does not constitute a recommendation or endorsement of that content by us, our directors or employees.
- We make no express or implied guarantee or warranty about the nature, suitability or authenticity of activity content, or any offer contained in an activity.
- We make no express or implied guarantee or warranty about the number of activities you will be invited to participate in.
- Any offer contained in an activity is made by the business, and not Pureprofile. The business making the offer is solely responsible for both the accuracy of the offer and the fulfillment of any obligations attached to the offer.
- We are not liable for any damage or loss caused by activities or the acceptance of any offer contained in an activity.
The Pureprofile feed contains different activities which you will be invited to participate in. These can be surveys, polls, content and promotional deals you see in your feed, and it’s up to you to decide to participate. Also, unless we say so, businesses are responsible for the content, and if it’s a deal, they are responsible for honouring the offer.
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- To ensure Pureprofile accesses high quality data, we have put in place a number of quality control measures to ensure response data meets and exceeds industry standards and best practice.
<li7″>For each activity we conduct, the following data quality checks are verified:<ul8″>
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- all open ended answers are checked for:
- offensive or inappropriate language; and
- incomprehensible free text responses such as ‘qwfqwfqwf’;
- the time taken for you to complete the activity will be checked against the estimated completion time for that activity; and
<li9″>all responses will be checked for inconsistent or inaccurate answers, which can include (but are not limited to):
-
-
- responses which contradict other responses you have submitted during an activity;
- responses which contradict information in your profile;
- responses which fail logic or trick testing within an activity;
- selecting all answers in a multi-response question to qualify for an activity; and
- for grid style questions, selecting all answers in a column or row, or selecting answers in a diagonal pattern.
<li0″>You must not provide information in your profile that is, or responses in any activity that are:<ul1″><li6″>offensive or inappropriate;<li5″>incomprehensible;<li4″>rushed or ill-thought out;<li3″>inconsistent and/or inaccurate; or<li2″>in a language other than the primary language of your country of registration.
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- If you are found to have breached any of the terms of this section, we may:
- deduct any reward you received for any related activity from your personal account balance;
- block you from receiving further activities;
- prevent you from using Pureprofile, aspects of the site, platform or any applications; and
- close your personal account.
</li2″></li3″></li4″></li5″></li6″></ul1″></li0″></li9″></ul8″></li7″>
The right kind of data is important to us. Answer truthfully (and consistently) every time you participate in an activity and there won’t be any problems or dramas! If you don’t, we have the right to reduce your rewards and suspend or close your account.
- You can earn rewards by participating in Pureprofile activities like surveys, website visits, video posts, and much more.
- To become entitled for a reward when participating in an activity;
- the information in your profile must match the targeting criteria for the activity;
- the end date for the activity must not have passed; and
- you must:
- view and accept the invitation for the activity;
- answer all questions asked; and
- reach the final page at the conclusion of the activity and follow any instructions on that page.
- Neither us nor a business will be liable for any loss or damage arising from you receiving an invitation or activity after the activity end date.
- If a business defaults on its obligation to fulfil an offer, we are not liable to fulfil the offer to you and are not liable for any loss or damage that results from the business not satisfying its reward offer.
- We store a record of any rewards you earn through interaction with Pureprofile.
- We may debit or credit your Pureprofile account balance at any time and without notice, to rectify any payments made to, or debits from, your account balance which were caused by human error, technological error or any other mistake or systems failure.
- If your personal account is inactive for one year, any rewards in your account balance may be forfeited.
- If you wish to dispute a reward, you should contact us and describe the nature of the discrepancy. We will notify you of the results of any investigation and any determination made by us is final (without affecting any of your statutory rights).
When you participate in activities, you can earn rewards, or enjoy a deal from a business. Unfortunately, mistakes can happen and if a business forgoes its obligation to fulfil a deal, it’s out of our control. But you can always let us know about any discrepancies and we’ll look into them.
- You may redeem rewards earned through your use of Pureprofile using the redemption methods we make available from time to time.
- The redemption methods we make available are at our absolute discretion and we may add or cease redemption methods at any time.
- Certain redemption methods may require you to have a minimum reward balance before you can redeem or only allow you to redeem up to a certain amount within a specified time period. These restrictions are set by us at our absolute discretion and may be amended from time to time.
- If you make a cash or Paypal redemption (country dependant), it may take up to 30 business days for the cash transfer to be processed. We can deposit your redemption only into a bank/ paypal account under your own name or a joint bank account with your name.
- If you make a Raiz redemption (Australia only), it may take up to 30 business days for the transfer to be processed. You are required to have a min. account balance of $5 in your Raiz account before any transaction can be processed.
- If a redemption requires us to transfer your redeemed reward into another account (for example transferring cash into a bank account or sending a voucher code to an email address), you are responsible for providing us with correct account details. The information you enter is used to automatically transfer the reward to the account whose details you provide. Completed transfers cannot be recalled, so if you provide incorrect account details, we may not be able to recover the redemptions made.
- You agree to indemnify us in relation to any loss or damage caused by any transfer of rewards made in accordance with your instructions. You are liable for any costs associated with the provision of incorrect or incomplete details in your redemption request.
- We are not liable for errors made by third parties in relation to your redemption request.
- Any rewards you earn through Pureprofile don’t earn interest and have no monetary value until validly redeemed. We will maintain your bank, credit card or PayPal account details (if provided to us) in accordance with our Privacy Policy.
- You are responsible for identifying any potential tax liabilities that may arise through your use of Pureprofile. Pureprofile is available to you as a consumer and not a business, trading organisation or other entity subject to GST, VAT or sales tax.
When your account balance is high enough, you can redeem your rewards from the reward partners on offer in your respective country. Your bank details must be correct and you’ll need to allow up to 30 business days for the transfer to happen.
- We may contact you without offering a reward by sending you a newsletter, making verifications of your account and profile information, for customer service issues, for feed activity invitations, and to confirm some personal account activity.
- We may also contact you on third party websites through targeted advertising, using the anonymised details you provide.
- You can set preferences in relation to the communications you receive from us when you are logged in Pureprofile.
You’re in control of the updates, notifications and profile information reminders you receive from us. But sometimes, we also need to get in touch for other matters.
- You must not use Pureprofile for any purpose that is unlawful, or prohibited by this agreement or any other terms, conditions or notices appearing anywhere on Pureprofile. Particularly, you must not:
- copy material that is made available on our platform by third parties and reproduce or publish it.
- use, post or transmit any:
- unlawful, threatening, abusive, defamatory, obscene, vulgar, pornographic, profane or indecent information, language or material;
- communication that may either constitute or encourage conduct that is a criminal offence or may give rise to civil liability, or otherwise violate any applicable law;
- information or material which damages our reputation or the reputation of any business, or which we consider as likely to damage our reputation or the reputation of any business;
- material which violates or infringes the rights of any person, including but not limited to the rights of privacy, copyright, trademarks, patents, confidentiality and any other intellectual property, personal or proprietary rights;
- material of any kind which contains or elicits a computer or software corruption, virus or other harmful component; or
- communication that contains promotional or advertising material;
- impersonate any person or entity;
- exploit any material on the network for a commercial purpose;
- use Pureprofile, the site, the platform or an application to send spam; or
- use Pureprofile, the site, the platform or an application to send to engage in any other forms of internet abuse, including:
- tampering, hacking, spoofing or using robots or scripts; or
- copying, distributing, modifying or otherwise interfering with the administration, security or proper and intended function of any part of pureprofile.
- If you are found to have committed any of the above acts your personal account will be closed and you may be prosecuted for any damage, loss or expense directly or indirectly caused by your actions. While we are not obligated to supervise your use of Pureprofile, we reserve the right to monitor the site, platform and all applications and retain and disclose all information necessary to satisfy any applicable law, regulation, legal process or government request.
You cannot use Pureprofile to post pornographic material, harass people, send spam, conduct illegal and criminal activity, and do other crazy stuff. If you do, we have the right to ban you from the site. Be reasonable, responsible and respectful. Don’t do anything stupid and you’ll be fine.
- You may invite a friend to register a Pureprofile account once you meet the eligibility criteria to refer:<ul”></ul”>
- Verified your email address
- Completed the first activity in your personal feed
- Started ANY other activity in the past 30 days
- You must comply with the referral rules and regulations to earn a reward (when available).
- We may offer incentives for inviting a friend to register a Pureprofile account.
- Any reward earned in relation to referring others to register an account will be void unless:
- the person you invite registers an account before the incentive offer expires;
- the invitation email, link or message was in the form specified by us;
- you comply with the rules and conditions of any websites to which invitations may be sent via the platform or an application; and
- the person you invite is eligible to register for a Pureprofile account
- You must not invite people to register Pureprofile accounts by:
- using spam or spamming techniques;
- misrepresenting the amount of money they may earn by using Pureprofile; or
- displaying invitation links or messages on websites that:
- contain unlawful, threatening, abusive, defamatory, obscene, vulgar, pornographic, profane, indecent information or material; or
- promote, provide or offer unsuitable or inappropriate products or services, including but not limited to gambling, adult services and erotic products
The more the merrier. You can invite people you know to Pureprofile and you could be rewarded for it. Just remember to be genuine and don’t send spam invitations.
- You may close your personal account on Pureprofile at any time.
- You’re responsible for redeeming any rewards that you have earned before you close your account.You can only redeem rewards in accordance with our redemption rules. This means that if you do not have the minimum redemption amount in your personal account, you will not be able to redeem existing rewards.
- If a personal account is closed for any reason (and whether by us or you), you’ll forfeit all rewards which you may have entitled to and all profile information provided by you through Pureprofile will be deleted from our records, except as required by any government regulation or statute.
- We may, without notice, refuse your application to register a personal account or may close your personal account if you:
- breach any part of this agreement;
- send spam messages through Pureprofile, the platform or an application; or
- act against our business interests or reputation.
- We may determine that you are an inactive member if you haven’t had any activity in over 12 months. If this is the case, we reserve the right to suspend and/or close your account if you do not respond to messages from us requesting that you reactivate your account.
- If your account is suspended, we may request documentary or other proof of your identity in order to confirm the authenticity of your account. If you fail to respond to our request or provide adequate proof, we may close your account.
- If you wish to close an account on behalf of a deceased member, please contact us along with some form of proof to show you have the right to close the deceased’s account.
- The refusal of an account registration and/or closure is at our discretion.
- Should for any reason we cease to operate we will delete your information from our records.
We’ll be sad to see you go, but if you want to close your account, you’re always able to. We also have the right to suspend or close an account at our discretion.
No offer of information, products or service
- Unless expressly indicated, any offer for information, products or services you may receive through Pureprofile or any activities is not an offer by us. We make no warranties or representations of any kind in relation to, and are not responsible for the accuracy, completeness, authenticity, reliability or suitability of any information contained in an activity or on Pureprofile.
- It is the responsibility of the business offering the information, product or service to ensure its accuracy, completeness, authenticity, reliability or suitability. We are not liable for any loss or damage that results from your, or anybody else’s, reliance on the information, products or services provided or promoted by a business or any other person.
- By making information, products or services accessible through the platform, we are not soliciting any person to use such information, products or services in jurisdictions where this would be illegal.
We do our best to provide you with positive Pureprofile experience, but we are not responsible for any of the offers you may receive for completing activities. It’s the businesses who are responsible for the information, products or services they provide and offer to you via our products.
- Unless otherwise stated, the site, platform and all applications are provided on an ‘as-is’ basis without any express or implied warranties or guarantees.
Unless we explicitly say so, we make no promises.
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<li0″>You agree and accept that Pureprofile, including our related bodies corporate, licensors, officers, directors and employees, are not liable for any loss or damage that results from:<ul1″><li5″>your interaction with Pureprofile;<li4″>your use of or access to, or any inability to use or access Pureprofile;<li3″>unauthorised access or alterations made to your communications, transmissions or profile information; or<li2″>statements or conduct of any third party on Pureprofile, the site, platform or through any application.
- You agree to indemnify us, our parents, subsidiaries, affiliated organisations and their directors, officers and employees, from any claim or demand, including reasonable legal fees, made by a third party, caused by or arising from your use of Pureprofile, the platform, site or a violation of these Terms of Service by you.
</li2″></li3″></li4″></li5″></ul1″></li0″>
Some activities and offers available from your Pureprofile feed are linked outside of our platform. Most of this stuff is awesome, but when it’s not, we’re not responsible for it.
- All questions or disputes relating to Pureprofile or any part of this agreement should be submitted to us. We will endeavour to resolve any disputes expeditiously. All interpretations of the Terms of Service shall be at our discretion and any determination that we make in relation to an issue is final. In the event that we make an error, such error is not a breach of this agreement.
- If you’re found to have breached any part of this agreement, we may suspend and/or close your personal account. In the event of any such closure, the balance of rewards in your personal account at the time it is closed will be forfeited.
- If any part of this agreement becomes, or is found to be illegal, invalid or unenforceable, it will not affect the operation of the remainder of this agreement.
- Due to the constantly evolving nature of Pureprofile and the site, applications, platform, profile and activities, we reserve the right to add to, change or remove any part of the platform, site or this agreement at any time. These changes may be made without notification and you agree that it’s your responsibility to remain updated and aware of the terms of this agreement and other aspects of the platform and site.
- We have no control over the content on websites hyperlinked from the site, the platform or an application. We make no express or implied warranties in relation to the content of these sites, including the accuracy, completeness, reliability or suitability of the site for any particular purpose. This includes a hyperlink on the site, platform or in an application. We are not liable for any loss or damage that may result from your use of hyperlinks in the site, platform or applications or any loss or damage caused by your use or reliance on any website via a hyperlink.
- This agreement, access to and use of Pureprofile, the site, platform and all applications and the terms of any disclaimer of warranties and liability are governed by the laws of New South Wales, Australia.
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Pureprofile – Privacy Policy
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Pureprofile is founded on the principle of making your everyday online activities more valuable. We know that you care about how your personal information is used and shared, and we take your privacy seriously.
By visiting and using Pureprofile, you are accepting the practices outlined in this policy.
By registering a personal account, you’ll be asked to provide some personal and sensitive information, as detailed here and in our Terms of Service.
Our Privacy Policy is based on the following provisions:
- You can request to update or change profile information at any time
- You can opt-out of Pureprofile and close your account at any time
- We only store profile information you choose to provide. We use the latest technologies and best practises to protect all personal information from unauthorised physical and electronic access and interference
- We don’t permit businesses to access your personal information, unless you decide to make this information available
- We don’t forward or transfer your information to any third parties, other than the organisations detailed in this document, which are required to operate Pureprofile. This disclosure is necessary in your Pureprofile use and these organisations are required to respect and maintain our commitments to your privacy and security
We are absolutely committed to these policies. If you have any concerns or questions relating to this document or our Terms of Service.
Pureprofile is founded on the principle of making the things you do online more valuable. We know that you care about how your personal information is used and shared, and as a result, we take your privacy very seriously. By registering a personal account, you agree to understand and accept this Privacy Policy.
What information do we collect?
We collect three broad types of information:
- Information you directly provide us;
- Information about your use and interaction with Pureprofile; and
- Information collected through the platform, applications, third parties or other websites
- Information you directly provide us can include:
- the email address and password you provide when registering an account;
- profile information;
- any responses you submit during activities;
- the content of any customer service correspondence;
- your login details for other associated apps you’ve registered with;
- any banking details you provide when requesting a redemption; or
- any other information you directly provide on Pureprofile
- Information about your use and interaction with Pureprofile can include:
- your IP address, geolocation and data stored in Pureprofile cookies;
- your activities on Pureprofile, such as when you accept or skip an invitation, your participation in activities and your progression through a particular activity;
- your other account activity, such as when you login to your account, when you send us customer service correspondence and when you opt-in to an application;
- information about the device you’re using to access Pureprofile; or
- your transaction history, including your account balance, the payments you receive from participating in activities and any rewards you have requested
- Information collected through the platform, applications, third parties or other websites can include:
- details about yourself, which are stored on other websites;
- the names, email addresses and other details of contacts or friends you have stored on other websites; and
- any other data that may be stored on other websites or held by third parties
We collect three types of information. The information you give us, the information about your online interactions and information we gather via third parties.
How do we use the information we collect?
Pureprofile’s use of information
We use the information you provide us to publish and deliver insights and relevant activities to you through Pureprofile. This can include:
- Sending you emails or notifications to alert you of activities for which you may qualify (if you have opted in to receiving such notifications);
- Using responses from an activity, which has been provided to a business in a de-identified way, for further analysis or use, including publication of the de-identified results;
- Help detect and prevent fraudulent activity;
- Maintain the data quality of activity responses;
- Improve and personalise your Pureprofile experience;
- Maintain, operate and improve Pureprofile; and
- Promote our services on affiliated third party websites using banner ads or other materials
Businesses’ use of information
There are times when businesses may require access to profile information such as:
- Profile information to help determine the target audience for an activity; or
- The responses you submit during an activity
All information provided to businesses will be presented in an aggregated and de-identified format, unless you grant us express permission to do otherwise.
Businesses are also allowed to ask you to provide your name, email address and other contact information during an activity. You should know that:
- you are providing this information directly to the business and not Pureprofile;
- your information will be dealt with in accordance with the relevant business’ Privacy Policy and not Pureprofile’s Privacy Policy; and
- you are always free to decline providing contact details to a business
Targeted advertising
We may use the information we collect (for example, email address and Pureprofile cookies) to send you targeted advertising on third party sites. The purpose of this retargeted advertising could be to provide you with a relevant experience through a third party site or to encourage you to login to your account.
Your information helps to match and deliver relevant activities to you through Pureprofile. Sometimes it’ll be used directly by us and sometimes by our partners. Either way, your data will always be protected and de-identified.
Information collected through the platform, applications, third parties and other websites may be used by you to allow you to:
Create a relationship between your account and other online accounts you’ve registered for;
- invite your friends to join Pureprofile;
- communicate with your friends and contacts about Pureprofile;
- view and access your online accounts through the site;
- complete some of your profile information using information stored on another website;
- help detect and prevent fraudulent activity;
- improve the accessibility of the site; and
- participate in retargeting activities
When you use Pureprofile, you can use the information you collect for a variety of activities like connecting your social media accounts, telling your friends about Pureprofile or get in touch with us to report a bug or ask suggest improvements to the site.
Accessing and controlling your information
If you:
- want to obtain access to any personal information that we hold about you;
- object to profiling, including profiling for marketing purposes;
- believe any of your personal information that we hold is inaccurate, incomplete or it is not necessary to hold it; or
- want to delete your personal information from our records,
you can contact us using one of the channels listed in the ‘Contact Us’ section. We will use reasonable efforts to resolve your request within 30 days.
We will provide you with our reasons if we refuse your request and, if you disagree, you are entitled to ask us to make a note of the request with your information.
You may also request that your personal information be restricted from processing where one of the following applies:
- we are verifying the accuracy of personal information , which you believe to be inaccurate;
- the processing is unlawful and you oppose the erasure of personal information;
- we no longer require the personal information but you require it for the establishment, exercise or defence of legal claims; and
- you have objected to processing and we are verifying whether there are legitimate grounds to refuse the objection
You’re in control. Access, update, change and delete your Pureprofile information whenever you need to.
Disclosure to third parties
We will not sell, trade, give or rent any information to a third party unless:
- you have expressly consented;
- such disclosure is permitted by the Terms of Service or this Privacy Policy; or
- required to do so by law
When we provide information to third parties, profile information and activity responses are only disclosed to businesses in an aggregate and de-identified format. We never provide any personally identifiable Information about you to a business, unless you expressly grant us permission to do so. This permission will (unless otherwise indicated) generally be required on a case-by-case basis.
Banking details
We only disclose your banking details to our bank for the purpose of actioning your reward requests. This disclosure occurs in an extremely secure and protected online facility.
Overseas staff handling your data
The response data for some activities may be stored and/or analysed and aggregated by staff residing in the United States, United Kingdom, Australia, Greece and India. Our staff, including contractors, are required to maintain the same privacy and data protection standards as required under the General Data Protection Regulation.
Overseas third parties
Some activities may originate from businesses based outside of your country of residence and accordingly, you agree to allow your activity response data to be provided to these businesses. When this happens, we may need to use third party hosting facilities located outside of your country of residence to ensure your information is constantly accessible and backed up in secure data storage facilities. We will ensure all third party hosting providers used are not permitted access to your information.
Data matching
We may share your information with third parties to determine if these parties already hold information about you. We do this for the following purposes:
- to seek your consent to add the information held by third parties to your Pureprofile account; and
- to determine if you qualify for an activity (for example for businesses who want to deploy a survey to individuals already on their database)
If the third party does not hold information about you, we ensure that the information we shared with them is destroyed.
Linking to other websites
If you associate your account with another website or online account through a Pureprofile product, we may save any data retrieved via this association into our system. In this case, the nature of the data being transferred will be outlined to you and require your express consent. Read the terms of any application carefully before accepting and using an application.
We’ll protect your information from all third parties, other than the specified organisations necessary for running of Pureprofile.
We are committed to providing a secure online environment to use Pureprofile and have invested considerable resources to protect your information from loss, misuse, corruption and unauthorised access. More precisely, we have invested in:
- A secure server software (SSL) technology to encrypt the transfer of all personally identifiable information
- Firewalls that protect against unauthorised access of all of the data we collect and store
Due to the nature of the internet, it’s possible that information stored on our servers and data transmitted online can sometimes be accessed by unauthorised third parties. While we make significant investments to ensure that this risk is minimised, we cannot guarantee the information you provided us will never be compromised. By accepting this Privacy Policy, you acknowledge and accept these risks.
We’re doing everything we can to provide a safe environment for you. This means we’re staying up-to-date with fancy technology and fighting crazy hackers. However, we can’t promise it’ll be perfect and can’t guarantee a risk-free experience.
Closing your Pureprofile account
Using Pureprofile and maintaining an account is completely opt-in and you may close your Pureprofile account at any time. You’re always able to dissociate your account from any application or website you’ve previously linked to your personal account. Upon dissociating your account, we’ll provide you the option of having all associated data deleted from our records.
We’ll be sad to see you go, but if you want to close your account and retrieve all recorded data, you’re always able to.
If you have any enquiries or complaints about either our Privacy Policies or procedures, including requesting access to or correcting personal information that Pureprofile holds, please get in touch via the Contact Us section of our site, with the subject heading “Attention: Privacy Officer”.
Contact us if you have questions or complaints related to our Privacy Policy.
We may make changes to the Privacy Policy from time to time and you’ll be notified of any changes.
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To become a member of the MyView Online panel (the “Panel”), the worldwide consumer panel of I-view Pty Ltd View (“I-view”, “Ipsos”, “we” or “us”), you need to be a resident of Australia and be 14 years old or over and accept these Terms and Conditions (the “panelist”). If you are under the age of 18 you must obtain your parent’s or legal guardian’s consent before you register as a panelist. We offer our panelists the chance to participate today in the testing and evaluation of tomorrow’s services and products and express your opinions on a wide range of issues. Your voice represents the voice of thousands!
I-view Pty Ltd (the “Company”) is a private limited liability company, incorporated and domicile in Australia. The registered office of the Company is located at Level 2, 51 Berry Street, North Sydney (Australian Business Number: 31 105 276 846).
2. Joining the Panel
Subject to the requirements mentioned above, everybody is free to apply for membership in the Panel. Nevertheless, we reserve the right to deny membership, without any requirement to justify such a denial You may only have one account per household. Membership is not open to employees of the Ipsos group of companies or members of their immediate family.
3. Use of Your Personal Information
The information collected about you will be treated in the strictest confidence and in accordance with all applicable laws, regulations and rules including those relating to privacy and personal data as well as our privacy and cookie policies. These policies are an integral part of these Terms and Conditions and can be found here: https://social.myview.com.au/static/privacy-policy and https://social.myview.com.au/static/cookies-policy.
As part of this undertaking, we promise that:
- Other than in relation to this Panel, we will not try to sell you anything or pass your personal information to any third parties for marketing or sales purposes.
- Your individual responses to surveys will remain confidential and will only be used grouped with other confidential responses, unless you explicitly consent otherwise.
- Refusal to answer a particular question or questionnaire will have no consequences with regard to your membership.
- You can ask to be removed from the Panel and end your membership at any time.
4. Email Policy
As you have voluntarily registered in the Panel, and confirmed your e-mail address, phone number and postal address upon registration, you should not mark emails or other communication received from us as spam or unsolicited communication, and you might be responsible for any resulting damage to Ipsos.
Depending on your mail-box security settings, the survey invitations you receive from us might be directed to your bulk / junk mail or similar folder. To avoid this, please add the Surveys@myview.com.au address to your address book.
5. Registration of Background Information
Providing Ipsos with this personal information is a condition for participation in any surveys as it would otherwise not be possible for us to determine whether your participation in any survey would meet such survey’s criteria. We also ask some basic details about your household and any children you may have and in respect of which you are the parent/legal guardian.
During the registration process and during your participation in our research surveys, you agree to provide only true, accurate and complete information and agree to update the Panel account related information that you supplied to ensure it remains up to date and accurate.
6. Registration in the Panel Using Facebook
You can also become a member of the Panel in a simplified and enhanced manner by signing-in via your Facebook account using the Facebook application run on the Ipsos Panel website registration page (the “Application”) through the ”Login with Facebook” (https://www.facebook.com/terms.php) button. The use of this Application will be subject to the Facebook terms and conditions relating to it.
After you click on the login button, you will be presented with an authorization dialog in your browser that provides information about Ipsos’s website and the Facebook user data the Ipsos website is requesting permission to access and use.
You will be asked for your permission to register in the Application. By doing this, you explicitly allow and consent that Ipsos can access, store and use your basic profile information held in your Facebook account, meaning your name, e-mail address, gender, birthday and location, (“your Facebook profile information”), as long as you are a panelist.
Based on your consent, your Facebook profile information will be transferred and prefilled in the Panel registration form. From time to time, Ipsos may also use your Facebook profile information to update the information registered in the Panel, to ensure that it remains accurate and up to date.
If you do not agree to Ipsos accessing this information, then no information will be available to Ipsos’ website or registered in the Panel. Also, if you decide to remove the Application from your Facebook account, Ipsos will no longer have access to your Facebook profile information. You can remain a member of the Panel even if you remove the Application from your Facebook account.
Your Facebook profile information will only be stored and used by Ipsos, as long as you are a panelist.
You can review the information that is pre-filled in the Panel registration form through the Application and then continue the registration process in the Panel by filling in the rest of information within the form.
For further information about how we may use your personal information, please see our privacy policy that can be found here: https://social.myview.com.au/static/privacy-policy.
7. How Does the Panel Work?
Panelists will receive relevant survey invitation links by e-mail, SMS or other electronic communication from Ipsos. There is no obligation for you to answer such surveys. Each survey is only to be answered once. If you decide you are not interested to take part in a specific survey, you can always click on the survey’s “no reminders” link at the bottom of the invitation e-mail. This means that you will not receive reminders for that specific survey, but you will still receive other survey invitations. Please do not mark e-mails from MyView as spam, as explained in the previous section. Ipsos is not bound to send surveys to all panelists for each new survey; nor can Ipsos guarantee a minimum or a maximum number of surveys per year.
Ipsos has taken high data safety measures. Still, should any viruses appear in the e-mails sent to you, Ipsos is not liable for the consequences that such cases may entail and thus no compensation may be claimed from Ipsos for this.
When the necessary number of panelists has answered a survey, or you do not fit the profile, Ipsos or its clients have the right to end the survey at any stage and not collect further answers.
8. Use and Participation
As a panelist you also have access to the member community and other social interaction features. You understand that any messages, opinions, information, pictures or any other materials posted by you or other panelists are the sole responsibility of the person who posted the material. You agree that you will not post or upload any material that:
- Is illegal. This includes content or any messages that promote or discuss illegal activities or encourages others to commit them.
- Is abusive, obscene or hateful. This includes language, information or images. Masked swearing (e.g. “f__k”) is considered the equivalent of the actual swear word.
- Is threatening, harassing, libellous or defamatory either between panelists or directed towards an Ipsos moderator or other Ipsos employee.
- Is inciting hate or violence.
- Is bigoted, racially, ethnically, sexually or otherwise offensive.
- Is an inappropriate political or religious message.
- Is aimed at advertising or marketing any goods or services.
- Contains viruses, corrupted files, “Trojan Horses” or any other malicious code.
- Contains your personal information or the personal details of other people.
- Is owned by or under the copyright of someone else.
It is important to note that Ipsos does not pre-screen any information posted by panelists.
However, Ipsos reserves the right to remove any content that is posted, be this via the polls tool or other interactive features we may make available to panelists at any time.
9. Children’s Privacy
If you provided information concerning children in your household and confirmed that you are the parent or legal guardian, we might contact you in respect of surveys which we would like them to complete. We will always require your prior consent and will not contact such child directly, unless it is a member of the Panel in its own right.
10. Rewarding You for Answering Online Surveys
Each time you complete a survey before the deadline, you will receive points or another reward upon completion or will be entered into a prize draw. The type and size of the reward or of the prize draw may vary per the survey difficulty, length or other similar elements.
If you request to be unsubscribed from the Panel, you have 30 calendar days to redeem your bonus points and exchange them for vouchers or gifts. At the end of this period you’ll forfeit the remaining points and your points account will be automatically deleted.
There may be instances when the points for recently completed surveys do not immediately appear in your account. In such cases the points will be added later to your account.
Ipsos reserves the right, at any time, to implement a verification period (of maximum 96 hours), during which your reward will be held in “Pending” status. During this period, we will undertake quality control and fraud prevention checks. We will inform you of any such waiting period applicable to you, via the FAQ section of the Panel members’ website or by other means of communication, as per Section 16 below. Newly registered MyView members will always need to wait 96 hours from their registration date before any reward will be released from “Pending” status.
When the necessary number of panelists has answered a survey, or you do not actually fit the profile Ipsos or its clients have the right to end the survey at any stage and not collect further answers. In such a situation and depending on the stage reached in any survey, a reduced number or no points may be awarded.
11. Cookies, Digital Fingerprinting and other information on your computer
We aim to:
- Ensure that the survey is delivered in a form suited to your device.
- Assist in providing support to you should you have difficulty accessing or completing a survey.
- use anonymised information whenever possible for research purposes. For example, to determine the percentage of panelists that use a certain type of browser in a specific country.
The reasons we are using the below measures are described in more detail in our privacy policy.
Cookies
As set out in more detail with in our cookie policy, we are using different kinds of cookies and might also read cookies set by third parties. Other than with your prior consent, cookies are used for statistical purposes, quality control, validation, fraud prevention and fraud control and, more importantly, to prevent us sending you reminders for any on-line survey you have already completed.
Digital Fingerprinting
We may also use digital fingerprinting technology, also known as “Machine Identification” digital fingerprints, to gather certain information about your device hardware and software.
Device Data and Other Information on Your Device
We may also use certain information about the hardware and software present on your device for quality control and fraud prevention purposes.
We also automatically capture information about your IP address, location data, advertising IDs, operating system, screen display settings, browser type, use of Flash and Java and whether your device has a webcam.
12. Confidentiality Notice
As a research participant, you may be asked to review new concepts, products and packaging that are still in development and as such not known to the public’s. You may come in contact with, be allowed to see, use or otherwise have access to certain non-public, confidential, proprietary, or trade secret information or material that are the sole and exclusive property of our relevant client, including, without limitation, information with respect to the client products (collectively, “Confidential Information”). You must not copy, print, store, forward or disclose to anyone by any means, the Confidential Information you will have access to, and must not use the Confidential Information for other purpose than the purpose it was disclosed to you.
13. Intellectual Property
Ipsos shall own and retain exclusive ownership of its trademarks, logos, copyrights, any content of its website and other intellectual property rights (“Ipsos IP”). You may not use or reproduce any of the Ipsos IP without Ipsos’s prior written consent. Nothing in these Terms and Conditions shall be construed as granting you any license, right, title or interest in any Ipsos IP, or any patent, trademark, copyright, know-how, or similar right now or hereafter owned or controlled by Ipsos.
14. Indemnity and Limitation of Liability
You agree to indemnify, defend and hold harmless Ipsos and each of its respective officers, partners, clients, managers, employees, agents and attorneys, from and against any and all liabilities, claims, actions, suits, proceedings, judgments, fines, damages, costs, losses and expenses (including reasonable legal fees, court costs and/or settlement costs) arising from or related to: (i) your membership within the Panel, (ii) your participation within research surveys conducted by Ipsos, (iii) any third party claims, or (iv) any breach by you of these Terms and Conditions.
Any unlawful or disparaging action caused by you during your membership within the Panel or your participation within research surveys conducted by Ipsos, that may be considered a violation of criminal and/or civil law shall entitle Ipsos to seek all remedies in this regard to the full extent permitted by law and in equity. Ipsos disclaims any warranties, express and implied, related to your membership within the Panel and to your participation within research surveys conducted by Ipsos and Ipsos shall have no liability whatsoever (including without limitation liability for any indirect, special, incidental or consequential damages), to you or any third party, for your membership within the Panel and your participation within research surveys conducted by Ipsos.
You will release and forever discharge Ipsos, Ipsos’s clients, each of their affiliated companies, and each of their respective officers, directors, shareholders, employees, and agents from and against all claims, lawsuits, causes of action, demands, losses, liabilities, obligations, judgments, damages, costs and expenses of any kind (including reasonable attorneys’ fees) (“Losses”) arising directly or indirectly out of any injury, death, property damage or other damage sustained or allegedly sustained by you resulting from the distribution, sale, consumption or use of or contact with a product in connection with any product test and evaluation research. This does not apply to any Losses which may be caused by Ipsos’s client’s or Ipsos’s gross negligence or any liability by them under applicable product liability or consumer protection legislation.
15. Participation Conditions
Ipsos reserves the right, at any time, to change these “Terms and Conditions”. We will inform you of any updates via the FAQ section of the Panel members’ website.
From time to time, we may contact you by e-mail or phone for account administration purposes, as well as through e-mail newsletters or special announcements containing key information related to your Panel membership activity and key Panel updates (“Membership Updates”).
We may also send you email communication about (i) rewards that you may be eligible for through your participation in our surveys, and (ii) new Panel engagement campaigns that we have regarding (new) Panel rewards and/or redemption (collectively named “Engagement Updates”). Receiving any of these Engagement Updates is optional and you can separately opt-out from Engagement Updates at any time by using the unsubscribe link provided in those emails.
In some cases, individual surveys may be subject to additional conditions of which you will be made aware at the beginning of such survey. You will be under no obligation to accept such additional conditions, however, this may affect your eligibility for such survey.
16. Termination/Inactivation of Membership
You or we may terminate the membership at any time with five (5) working days’ notice and the notice to leave the Panel should be sent by e-mail to surveys@myview.com.au. Your account will become inactive in the Panel database.
Ipsos also reserves the right to terminate your Panel membership without further notice for any conduct outside our quality parameters or business objectives, or any other violation or breach of these Terms and Conditions, the privacy policy or applicable survey rules. In the event of such termination, you will be given 30 calendar days to redeem all reward points that have been duly accrued prior to the termination date.
A termination of your Panel membership by Ipsos for fraudulent use or behaviour, or serious breach of these Terms and Conditions, the privacy policy or survey rules, may result in the immediate forfeiture of all rewards or points that have been accrued in relation with such use, behaviour or breach (including those points or other rewards held in “Pending” status, as the case may be). The use of the panelist account by an individual other than the panelist may be considered an unauthorised use and may be grounds for immediate termination and forfeiture of points.
Ipsos reserves the right to delete inactive panelists from the Panel. This means terminating a panelist’s membership, if the panelist does not have any Panel activity at all or does not respond to any invitation, by clicking any survey invitation link, for more than twelve (12) months. Ipsos will inform you of such termination and you will have 30 calendar days to redeem any remaining points, otherwise the respective points account will be forfeited and erased completely.
Please remember that if, for any reason, you are not able to answer to surveys for a longer period, you will be going on vacation or need some time off from taking surveys, you can inform us by e-mail at surveys@myview.com.au or just go to https://social.myview.com.au/myaccount/email-options (access settings -> Email notifications) and adjust the survey and social notifications’ frequency. You do not need to unsubscribe.
17. Jurisdiction
These Terms and Conditions are governed by the laws in force in New South Wales and the exclusive jurisdiction of the Australian courts exercising jurisdiction in New South Wales.
18. Contact Us
For more information about our panels, Panel membership or information related to your membership of one of our panels, please contact our Panel Support Team. They can be contacted by:
Email sent to: surveys@myview.com.au with “Ipsos MyView Panel” as subject line
Or by letter sent to:
Ref: Ipsos MyView Panel
Panel Support Team
I-view Pty Ltd
Level 2, 51 Berry Street,
North Sydney
-View Pty Ltd., commonly known as I-View (“I-view”, “Ipsos”, ”we” or “us”). I-view is a private limited liability company, incorporated and domicile in Australia. The registered office of the Company is located at Level 2, 51 Berry Street, North Sydney, Australian Business Number: 31 105 276 846.
I-view is part of the Ipsos worldwide group of companies. This privacy policy explains how we use any personal information we collect about you (“Panelist”, “you” or “your”), when you join our MyView Online Panel (the “Ipsos MyView on-line panel” ,“Panel”), take part in surveys and use the Panelists website
1. Why We Collect Information from You
The primary purpose, why we collect information from you is the conduct of market research by us. When you join our Panel, we enter into a contract with you, which is subject to this Privacy Policy as well as our Terms and Conditions.
In order to fulfil this contract by inviting you to appropriate surveys, we need to collect and process the information requested during the recruitment or which you may subsequently add to your profile on the Membership panel site or that we collect in accordance with this Privacy Policy and process it using automated means. This information will also be required to fulfil rewards and to contact you concerning any surveys. This is also explained in more detail in our Terms and Conditions.
We then also collect information from you based upon your consent, in particular where you either respond to any survey invitations we might be sending you or that you may otherwise voluntarily provide. Your responses to such surveys are at your choice. There might also be situations where we are seeking your further or even explicit consent where this might be appropriate or required.
We also collect personal information from you based upon your Cookie consent (see also below at paragraphs 5 and 6) about your device you may use whilst taking part in our online research activities for statistical purposes, quality control, validation, fraud prevention and fraud control and, more importantly, to prevent us sending you reminders for any on-line survey you have already completed.
The overall operation and how the Panel works is described in more detail in our Terms and Conditions.
2. What Personal Data Do We Collect About You?
We collect the personal data, (“information”) you provide by email and in completing our recruitment questionnaire when joining our Panel.
We collect your Facebook basic profile information (meaning your name, e-mail address, gender, birthday, location and phone number), if you decide to connect to us using the MyView Facebook Application.
We also collect information, when you voluntarily complete any of the surveys we invite you to participate in, or you provide feedback, comments or other information on our panelists’ website.
In case the registration process is not successfully completed, your information will not be retained by us, apart from some limited information to prevent any fraud or miss use.
In some instances, concerning our research, we may ask you to provide certain sensitive personal data, for example revealing your racial or ethnic origin, political opinions, religious or philosophical beliefs, trade-union membership or data concerning health or sex life. You do not have to answer these questions and such questions will always include a “prefer not to answer” option. Responses to these questions will remain confidential unless you explicitly and freely consent to your responses to these questions, together with your personal information, being passed to research clients, such transfer bringing added value related to their research analysis.
We collect certain information about your device, and the hardware and software present on your device, by using Cookies (as defined below and as set out below at paragraph 5).
We automatically also capture information about your IP address, the country where your device is located, advertising IDs, operating system, screen display settings, browser type, use of Flash and Java and whether your device has a webcam.
3. How Will We Use the Information You Provide?
We will use the information collected about you to:
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- Fulfil our contract with you;
- Keep a record of all panelists;
- Send you invitations to participate in surveys that are relevant to you based on the information you provided in response to our recruitment questionnaire(s) or as may be updated at a later stage;
- Send you a SMS message to your mobile phone number containing a verification code, to verify your application and activate your panelist account. For this we will share your phone number with our trusted vendor providing us with such services, to contact you via SMS message on behalf of Ipsos (the list of trusted providers can be found here);
- implement our quality control, fraud prevention & control programs, security checks, identify if you are an existing member of the Panel or determine if your membership is a result from any paid for advertising. For this we will share certain information about your device with our trusted vendors to carry out the necessary checks (the list of trusted providers can be found here);
- Append existing personal information about you to any of your survey responses, such as general geographical location, ethnicity, occupation categories etc. for survey analysis of the responses and producing statistical research results;
- Enter you into any prize draws that you are eligible to take part in or, where invited to do so, have asked to be entered;
- With your explicit consent, which might be sought in a specific survey and limited thereto, to pass your individual survey responses together with your personal information to the client who commissioned the survey. The client will use this information only for research purposes as explained in the relevant survey.
- Where you have explicitly consented separately and prior to your information being provided to the client for this, the client may also use this information to contact you to invite your participation in further research they conduct;
- With your explicit prior consent, we may forward your personal information and individual survey answers to another market research institute which is our business partner, for the following purpose: sending you survey invitation by e-mail or by phone with links leading to surveys or using your personal information for prize/gift delivery or prize draws (if the case) related to participation to these market research institutes’ surveys. Nevertheless, such third party will be required to observe the condition that the data can be used only for statistical, research and/or prize/gift delivery/prize draw organisation purposes and bound not to forward or further disclose data such as name, postal address or other personal information that could serve to identify you.
- To create anonymous, statistical profiles of the Panel membership based on the information provided by panelists;
- With your consent, to pass your information to other Ipsos Group companies so that they may invite you to participate in research studies they are carrying out and that may be relevant to you.
- Send you by email newsletters, announcements and other communications as set out in the Terms and Conditions.
- Where you agree to take part in a product test to arrange for such product to be sent to you.
- In case you have become a member of the Panel through a thirdparty supplier, this supplier may be informed that you have become a member of the Panel and may have access to the information you provided during the registration process.
- Based on the information you provided, we might wish to invite other members of your household to participate in a survey. In case such household member is a child, please also see below at paragraph 4.
As part of our online advertising research and internet usage research studies, we may also:
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- Send you invitations by text message or other messaging service to take part in research. You can opt-in to this research activity by changing your “Privacy Settings” here.
- Detect if your computer or mobile device has a webcam attached so that we can send you invitations to take part in research that requires use of a webcam. You can opt-in to invitations for this research activity by changing your “Privacy Settings” here.
- Send your information to our sub-contractors or affiliated companies who carry out some work on our behalf, control and responsibility, for data hosting or as described at paragraph 6. Some of these sub-contractors may be based outside Australia in countries for which no adequacy decision exists; however, we require these sub-contractors to abide by the same data privacy requirements and security arrangements as ourselves and will be subject to appropriate safeguards (including standard contractual clauses), a description of which can be obtained by contacting us as set out at paragraph 10.
- We will take all reasonable steps to ensure that any personal data we process are accurate, adequate, relevant and not excessive, given the purpose for which they were obtained. We will not process personal data obtained for one purpose for any unconnected purpose unless you have consented to this.
We will NEVER use your information for any purpose other than research or as described in this policy and the Terms and Conditions. Other than in relation to this Panel (like participating in further surveys), we will NOT try to sell you anything, nor use your information for marketing purposes. Nor will we ever pass your information to third parties for marketing or advertising purposes.
4. Children
Based on the information you provided, we might wish to invite any children under 18 years of age you indicated are in your household to participate in a survey. In those cases, we will always require prior consent from either a parent or legal guardian, who are legally responsible for the child, before inviting such child to take part in the research.
5. Use of Cookies and similar code?
By joining our Panel and taking part in our online research, you agree to our use of cookies and similar technologies (“Cookies”) and the collection of information from your PC/Laptop or other computing device you may use whilst taking part in our online research activities as outlined below.
Our Panel website and online surveys collect information using Cookies and functionally similar technologies. Cookies are small files stored on your computer. Specifically, in respect of cookies, further details of what cookies are can be found by visiting www.aboutcookies.org.
The emails we send to potential new panelists will also place a Cookie when images are downloaded and the email is opened. You can prevent this Cookie being placed by simply opening the email as text only, closing the email before downloading any images or by changing your browser/email software to restrict cookies.
Check here for the full Cookies Policy (including list of cookies).
6. Use of Digital Fingerprinting, Device Data and Other Information on Your Device
We also gather certain information about your PC/Laptop, mobile device, or other device, and the hardware and software present on your device. For example, this includes the IP address of your internet connection, the display settings of your monitor, the type of browser used, the type of operating system, the country where your device is located, whether your device has a webcam, advertising IDs, etc. This information is sent to our trusted provider who converts it into a unique serial number (the digital “fingerprint”) and determines if it matches previous fingerprints. The data collected in this process and the digital fingerprint created are not tied to any of your personal information, is stored on secured servers, and is only used for quality control and fraud prevention purposes and to help prevent panelists from completing the same survey more than once, and for no other purpose.
We also use your mobile device ID to identify if you are an existing member of the panel and to determine if your membership is a result from any paid for advertising.
7. How Long Will We Keep the Information You Provide?
We will keep the profile information you provided for as long as you remain a panelist.
When you terminate your Panel membership, or are removed, or the Panel is closed, we will delete your personal information within 31 days or as otherwise set out in this paragraph. If you redeemed your points for a reward, we will retain your information associated specifically to reward fulfilment for a period of (2) two years. If you won a prize from any of our contests, we will retain your information associated to the contest and prize fulfilment for a period of (3) three years. If you were removed, we will retain only that information required to prevent you from re-joining. If you have requested not to be contacted, we will retain only that information required to honour your request.
Apart from your profile information, we will also gather the answers you give in any survey. The answers provided by you will be pseudonymised by us for security reasons and will only be shared with our clients in an anonymised form, unless you have given you explicit consent to you being identified. We will also remove the link between your profile information and the answers you provided within 12 months of the end of the research project, to ensure that these answers cannot be traced back to you.
Information shared with our third party suppliers (such as the digital fingerprint supplier, for example) is pseudonymized to ensure that this information cannot be traced back to your account by them or any other third party. In addition, while the device information itself may be stored on our side for longer periods of time, the recipients of such information are required not to retain the data itself or the link between this information and Ipsos for more than 180 days.
8. How Do We Ensure Your Personal Information Is Secure?
We take our responsibilities to keep your personal information secure very seriously. As such we take every reasonable precaution to ensure your information is protected from loss, theft or misuse. These precautions include appropriate physical security of our offices, controlled access to computer systems, and use of secure, encrypted internet connections when collecting personal information.
As part of our commitment to the security of your information, Ipsos has regular internal and external audits of its information security and is certified to be compliant with the requirements of the International Standards for Information Security ISO 27001, Market, Opinion and Social Research ISO 20252, and Quality Management ISO 9001.
9. Automated Individual Decision-Making, Including Profiling
With regard to any decisions based solely on automated processing, including the creation of a profile, you have certain rights. In certain situations, within the purposes mentioned above, we process your personal data including through automatic processing mechanisms (including by creating the profile). If we refuse, suspend or discontinue the provision of a product, reward or service as a result of any automated decision this, we will inform you about this, and you will be able to obtain relevant information about the logical mechanism which is the basis for making that decision. You will also have the right to obtain human intervention from us, to express your point of view and to challenge that decision. In order to do so, please contact us as set out in paragraph 10.
We are making certain decisions based on automated processes as set out below. In case you disagree with any such decision that may have been made, please contact our Data Protection Department as set out at paragraph 10.
• Panel Registration leading to the final resolution of registering you as a Panel member.
• Sample selection, to be invited as respondents to the specific research survey as per the survey sampling specifications.
• Incentives allocation according to the applicable incentives program.
• Our Panel quality program ensures the Panel and sample quality and accuracy as set out in our Terms and Conditions.
10. How Can You Access Your Information and/or Correct It and/or Request Its Transfer and/or Erasure and/or Complain
You have the right to request a copy of all the information we hold about you. You also have the right to request the correction of any personal data we hold about you. Furthermore, you have the right for all the information you have provided to us, to be transferred to another party. In various circumstances, you also have the right to request from us the deletion or erasure of the personal information we hold about you, subject to the limitation set out above under paragraph 7.
If you would like to exercise any of your above rights, have any questions or require further information our privacy policy, our compliance with data protection laws, please contact our Data Protection Department. They can be contacted:
By email sent to: data.protection@ipsos-online.com with “Ipsos MyView Panel” as subject line.
Or write to us at:
Ref: Ipsos MyView Panel
Panel Support Team
I-view Pty Ltd
Level 2, 51 Berry Street,
North Sydney
Please quote your Panel membership number (if known) or your email address used for MyView in your email or letter.
If you have any complaints, we will appreciate if you give us an opportunity to resolve any issue first, by contacting us as set out above. You are, however, always entitled to contact our regulatory body, the Office of the Australian Information Commissioner (OAIC) at:
https://oaic.gov.au or
Office of the Australian Information Commissioner
Level 3, 175 Pitt Street
Sydney NSW 2000
Phone: 1300 363 992 (local call cost but calls from mobile and pay phones may incur higher charges). If calling from overseas (including Norfolk Island): +61 2 9284 9749 TTY: 1800 620 241 (this number is dedicated to the hearing impaired only, no voice calls) TIS: Translating and Interpreting Service: 131 450 (If you don’t speak English or English is your second language and you need assistance and ask for the Office of the Australian Information Commissioner) Post: GPO Box 2999 Canberra ACT 2601 Fax: +61 2 9284 9666 Email: enquiries@oaic.gov.au.
Other national data protection authorities are also likely to accept your complaint.
11. Changes to Our Privacy Policy
We keep our privacy policy under regular review and we will place any updates on this webpage. We will also inform you of any changes via email or when you log-on after any change. Our privacy policy was last updated on 16/02/21.
12. Useful Links
The Office of the Australian Information Commissioner (OAIC): https://oaic.gov.au/
World organisation for market research – ESOMAR: www.esomar.org
Australian Market & Social Research Society Limited (AMSRS):https://www.amsrs.com.au/
