Research Privacy Notice

Last Updated:  August 2, 2022

This Research Privacy Notice applies to the processing of Personal Data in connection with the online and offline surveys (“Surveys”) and focus group activities and research projects where we interview one or more consumers (“Studies”) (collectively, Surveys and Studies are “Research Activities”) deployed by MarketCast LLC, MarketCast UK Ltd. and their affiliates (“MarketCast”, “we”, “us”, or “our”) on behalf of our clients (“Clients”). It applies where MarketCast acts as a controller of personal data.  Our Clients’ privacy notices will apply where we provide you notice thereof, such as when we are acting as the processor or service provider of a Client that is the controller of that Research Activities data.  This Research Privacy Notice is supplemental to our MarketCast Privacy Policy. With respect to the Research Activities, in the event of a conflict between our MarketCast Privacy Policy and this Research Privacy Notice, this Research Privacy Notice shall govern.

Participating in any Research Activities is voluntary. If you do not agree with the terms and conditions, you may choose not to proceed with participating in the Research Activities. If you choose to participate, you can withdraw your consent at any time.

Collection and Use of Personal Data

  • By MarketCast
  • By Clients

Sharing of Personal Data

Use of our Sites

Legitimate Interests

Children’s Privacy

Data Retention

Rights of Individuals in the EEA

Rights of Individuals in California

Contact Us

  1. Collection and User of Personal Data

When we use the term “Personal Data,” we mean information that identifies, relates to, describes, references, is capable of being associated with, or could reasonable be linked, directly or indirectly, with a particular person, household or a person’s device. Personal Data does not include de-identified or aggregated data, and in certain jurisdictions data available from government records, or information covered by certain sector-specific privacy laws.

(a)   By MarketCast

We may conduct Research Activities where we are responsible for the data collection in the first instance, alone or in conjunction with a Client, and are a controller of the data. In such cases, we collect several categories of Personal Data through our Research Activities, either when you provide it or when we collect it automatically from your device. We use and share this Personal Data for the purposes described below.

Your Personal Data may be transferred to, stored, and processed in a country other than the one in which it was collected. If you are located within the EU or UK, we may transfer your Personal Data outside the UK and the European Economic Area (“EEA”) using Standard Contractual Clauses, which provide safeguards for personal data exported from the UK and EEA. You can request a copy of our Standard Contractual Clauses by contacting us as set forth in the Contact Us section below.

(a)    Data Provided by You

We collect any Personal Data you provide in your Research Activities responses, including:

  • Age and gender;
  • IP address and persistent identifiers;
  • Country of residence;
  • Name and signature;
  • Birth year;
  • Area of employment;
  • Number, age, and gender of children living in your household;
  • Video or audio recordings of you responding;
  • Household income;
  • Education level;
  • Your responses to Research Activities questions, including your reactions to images or video or sound recordings;
  • E-mail address;
  • Phone number;
  • Other Personal Data for which we give you notice at the time of collection.

We use this information to evaluate your responses, prepare analysis and findings, and to report back to the Research Activities Client the details of the Research results.

We may use this information to contact you regarding one or more of your responses, to distribute Research Activities incentives, and to report back to the Research Activities Clients.

(b)   Information Collected Automatically

For details about the information we collect automatically, please click here. Information collected automatically is never shared with the Client. We act as the data controller for this data, and have a legitimate interest in its collect and use, as described more fully below.

(c)    Information Provided By Our Clients

In some cases, where we administer Research Activities on behalf of Clients that seek feedback from current and former customers of theirs and provide us with your email address, phone number, or proprietary identifier, Personal Data may be passed back to the Client along with your responses for the Client’s satisfaction or marketing purposes.

(d)   Administrative Information Collected From Third Parties

In some cases, we receive Personal Data from third parties that we contract with to help us administer the Research Activities, such as panel providers that invite their research panel members to participate in our Research Activities.  This includes your IP address, device ID, and location derived from your IP address.  We use this information to evaluate your responses, prepare analysis and findings, and to report back to the Research Activities Client the details of the Research Activities results. This information is never shared with the Client. We act as the data controller of this data.

(e)    Supplemental Information Obtained From Third Parties

In some cases, we may purchase Personal Data from third parties that we contract with to provide additional information about you to the Research Activities Client.  This information may include address, additional demographic information, and consumer preferences. We use this information to evaluate your responses, prepare analysis and findings, and to report back to the Research Activities Client the details of the Research Activities results.

(f)     Sensitive Information

We may process certain sensitive Personal Data to which you have given us consent to process (e.g., your characteristics apparent from your recorded images, which includes racial characteristics apparent from your image).

(g)   Information that is Not Collected

Without explicit consent, MarketCast will not voluntarily collect or aim at obtaining special categories of data  political opinions, religious or philosophical beliefs, or trade union membership, and the processing of 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.  It is however possible that part of such information will be provided by you or involuntarily inferred by the survey. In addition, this survey will not collect any sensitive personal data such as national identification numbers, account numbers, passwords, and the like.

Surveys may be conducted via telephone/ video conference/ in person and may be recorded.  The purpose of these recordings is firstly to be able to later transcribe the telephone calls or video conference to accurately reflect your response to certain questions or ideas that cannot be gleamed from words alone.  We may also share these recordings with the Client, but with your consent. We will remove as much information as possible in relation to these recordings so that it is no longer possible to directly attribute these responses to you personally, but given the context it will not be possible to anonymise it completely.

As part of our Research Activities, we will process your personal data as follows:

(1) As regards both telephone and video recordings, we may distort your voice such that the recordings can no longer be traced to you by way of voice recognition methods, or we may transcribe the recordings without identifying the source of the statements; however, we will not blur your face as it is important for the survey to be able to see facial expression in addition to body language;

(2) we may pseudonymise all other responses by removing fields that make it possible to relate responses to a specific person without the use of additional information; we will retain the IP address to make the match if necessary but this IP address will under no circumstance be shared with the Client unless your explicit consent is obtained;

(3) we will provide raw data files of the pseudonymised responses and copies of the pseudonymised recordings (as set out above in 1) to the Client; and

(4) we will aggregate the data with responses from other participants, analyze the data for key insights and use the data to publish a report for the Client, who may use the reports for any legitimate business purpose including publication of the findings. The report will not contain any information relating to an identified or identifiable person unless your explicit consent is first obtained.

To accomplish this processing, we may transfer your responses to our data processors who assist with data aggregation and pseudonymisation.

  1. Sharing of Personal Data

Your Personal Data collected from Research Activities may be accessed by and shared with:

  • Our MarketCast research teams in the United Kingdom, India and the United States;
  • Affiliated legal entities within our family of companies for purposes and uses that are consistent with this Research Privacy Notice;
  • Third-party service providers who complete transactions or perform services on our behalf, such as for market research services, coding, analytics, data storage, and project management;
  • The Research Activities Client on whose behalf we are conducting the research; and
  • Third parties that have been damaged, harmed, or otherwise aggrieved by your breach of any non-disclosure agreement with MarketCast, as authorized by and in compliance with applicable laws.
    • We may also share your Personal Data with governmental regulatory authorities in response to their requests for such information. We may also disclose Personal Data to third parties in connection with claims, disputes or litigation, when otherwise required by law, or if we determine its disclosure is necessary to protect the health and safety of you or us, to protect against fraud or credit risk, or to enforce our legal rights or contractual commitments that you have made.

We may also disclose Personal Data as part of a corporate business transaction, such as a financing, merger, acquisition, joint venture or sale of company assets and may transfer Personal Data to a third party as one of the business assets in such an event. It may also be disclosed in the event of insolvency, bankruptcy, or receivership.

We may share the results of Research Activities, which may contain Personal Data such as images and audio of you responding to a Survey, with Clients who engage us to perform such Research Activities. You acknowledge that (i) by participating in Research Activities you are directing us to share your Research Activities-related Personal Data with the Research Activities Client; and (ii) as such, the sharing is not a sale of your Personal Data to the Research Activities Client.

  1. Additional Uses of Personal Data

In addition to the uses described above, we may use your Personal Data for the following purposes, which uses may under certain circumstances be based on your consent, may be necessary to fulfill our contractual commitments to you, and are necessary to serve our legitimate business interests:

  • Operating our business, administering the Research Activities, and conducting market research;
  • Contacting you to respond to your requests or inquiries;
  • Preventing, investigating, or providing notice of fraud, unlawful or criminal activity, or unauthorized access to or use of Personal Data, our website, or data systems or to meet legal obligations; and
  • Enforcing our Terms of Use and other agreements.
  1. Legitimate Interests

We rely on several legitimate interests in using and sharing your Personal Data. These interests include:

  • Performing market research and to meet our contractual obligations;
  • Improving and customizing the Research Activities for our Clients;
  • Understanding how the Research Activities are being used;
  • Obtaining insights into usage patterns of the Research Activities and respondents;
  • Exploring ways to grow, administer, develop, and market our business;
  • Ensuring the safety, security, and legal compliance of our business and the Research Activities; and
  • Enhancing protection against fraud, spam, harassment, intellectual property infringement, crime, and security risks.
  1. Children’s Privacy

It is our general practice not to direct our Research Activities to children. In some cases, our Research Activities may ask questions like whether you have children and the ages of those children. We may then ask you to provide your child’s respond to certain additional questions before you finish participating in the Research Activities.  Such questions are not directed to children and therefore not subject to the U.S. Children’s Online Privacy Protection Act (“COPPA”).

To the extent that we collect Personal Data directly from a child in the U.S. online, the Children’s Privacy Section of our MarketCast Privacy Policy will apply and we will comply with COPPA, including without limitation regarding verified parental consent where required. Research Activities directed to children to take themselves will have, if required by applicable law of applicable jurisdictions, a separate children’s privacy notice that is tailored to that Survey’s or Study’s data practices. Participating in Research Activities, and permitting your child to answer questions (directly or through you), is completely voluntary, and we handle all Personal Data collected consistent with this Research Privacy Notice.

If the Research Activities Client is a data controller of the Research Activities data, and the Research Activities questions are directed to children, the Client’s own privacy policy and children’s privacy notice will apply to that Client’s data practices.

If you are a parent or guardian and believe we have collected personal information online from your child under the age of 13 inconsistent with our obligations under COPPA, please contact us at privacy@marketcast.com and we will respond as required by COPPA.  If you have complaints or inquiries regarding our data practices regarding children under other applicable law, please contact us at privacy@marketcast.com and we will respond as required by applicable law.

  1. Data Retention

For information regarding our data retention practices, please click here.

  1. Region Specific Disclosures

For individuals of certain regions, they can learn more about rights that apply to the processing of their Personal Data controlled by MarketCast in MarketCast’s Privacy Policy:

Where we hold data as a Client’s processor, we will pass data subjects’ rights requests onto the Client to take appropriate action. You can make requests directly to the Client by following the instructions in the Client’s privacy policy provided in connection with the applicable Research Activities.

  1. Contact Us

If you have questions about your rights as a Survey or Study participant, or other concerns about the Survey, Study, or this Research Privacy Notice, you may contact MarketCast by calling us at 1-888-914-9661 PIN: 290178, or submitting  request through our webform available here, or mailing us a request to ATTN: Privacy Officer, MarketCast LLC, 5900 Wilshire Blvd., Floor 27th, Los Angeles, CA 90036.