Survey Privacy Notice

Last Updated: December 31, 2019

This Survey Privacy Notice applies to the processing of Personal Data in connection with the surveys  deployed by MarketCast LLC, MarketCast UK Ltd. and their affiliates (“MarketCast”, “we”, “us”, or  “our”).

  • Collection, Use, and Transfer of Personal Data
  • Sharing of Personal Data
  • Additional Uses of Personal Data
  • Legitimate Interests
  • Children’s Privacy
  • Data Retention
  • Rights of Individuals in the EEA
  • Rights of Individuals in California
  • Contact Us

 

1.  Collection, Use, and Transfer 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 device. Personal Data does not include de-identified or aggregated  data, data available from government records, or information covered by certain sector-specific privacy  laws.

We collect several categories of Personal Data through our surveys, 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. We may transfer your Personal Data outside the European Economic Area  (“EEA”) using Standard Contractual Clauses, which provide safeguards for personal data exported from  the EEA. You can request a copy of our Standard Contractual Clauses by contacting us as set forth in  the Contact Us section below.

(a) Information You Provide

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

  • Age and gender;
  • Birth year;
  • Area of current or former employment;
  • Country of residence;
  • Number, age, and gender of children living in your household;
  • Household income;
  • Education leveL; and
  • Video or audio recorded responses.

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

We may also collect:

  • E-mail address; and
  • Phone number.

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

(b) Information Collected Automatically

We automatically collect additional data when you take a survey, including:

  • Log files, including IP addresses, browser type, internet service provider, referring/exit pages, operating system, date/time stamp, and/or clickstream data; • Device information;
  • Data collected through cookies, analytics, and related technologies; and • Location information including latitude, longitude, date, and time.

We collect this information for market research purposes, to maintain the security of  our services, to detect fraud, and to protect our rights.

(c) Information Provided By Our Clients

In some cases, we administer surveys on behalf of our clients with whom we have a  contract. In some instances, they may seek feedback from current and former  customers of theirs and provide us with your email address, phone number,  or proprietary identifier, which may be passed back to our client along with your  responses for their client satisfaction or marketing purposes.

(d) Information Collected From Third Parties

In some cases, we receive Personal Data from third parties that we contract with to help  us administer the surveys. 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 survey sponsors the details of the survey  results.

(e) 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 survey sponsor. 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 survey sponsors the details of the survey results.

2.  Sharing of Personal Data

Your Personal Data may be accessed by and shared with:

  • Our MarketCast research teams in the United Kingdom and the United States; • Affiliated legal entities within our family of companies for purposes and uses that are consistent with this Survey Privacy Notice;
  • Third-party service providers who complete transactions or perform services on our behalf, such as for coding, analytics, data storage, and project management;
  • The survey sponsor 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 share your Personal Data to comply with the law, to protect safety, to enforce our legal rights,  and in connection with a corporate transaction affecting the sale, reorganization, or transfer of some or  all of our assets or company.

3.  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 surveys, 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.

4.  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 surveys for our clients;
  • understanding how the surveys are being used;
  • obtaining insights into usage patterns of the surveys and respondents;
  • exploring ways to grow, administer, develop, and market our business;
  • ensuring the safety, security, and legal compliance of our business and the surveys; and
  • enhancing protection against fraud, spam, harassment, intellectual property infringement, crime, and security risks.

5.  Children’s Privacy

It is our general practice not to direct surveys to children under the age of majority in the countries in  which our surveys are deployed.

In some cases, our surveys may ask questions like whether you have children and the ages of those  children. We may then ask you to have your child respond to certain additional questions before you  finish taking the survey. Participating in the surveys, and allowing your child to answer questions, is  completely voluntary, and we handle all Personal Data collected consistent with this Survey Privacy  Notice.

If you learn that a child has completed a survey without parental permission, please contact us as set forth in the Contact Us section below, and we will take steps to promptly delete that information.

6.  Data Retention

We will retain your Personal Data only for as long as is necessary for the purposes set out above, unless  a longer period is required or permitted under applicable law or is needed to resolve disputes or to  protect our legal rights. Under certain circumstances, you have the right to have certain of your Personal  Data erased (see Rights of Individuals in the EEA below). We will securely delete your Personal Data  after it is no longer needed for those purposes it was collected.

Participating in this survey is voluntary. If you do not agree with the terms and conditions laid out above,  you may choose not to proceed with the survey. If you choose to participate, you can withdraw your  consent at any time.

7.  Rights of Individuals in the EEA

If you are located in the EEA, then upon request, we will provide you with information about whether  we hold any of your Personal Data, along with any details required to be provided to you under  applicable law. In certain cases, you may also have a right to:

  • Rectify any of your Personal Data that is inaccurate;
  • Restrict or limit the ways in which we use your Personal Data;
  • Object to the processing of your Personal Data;
  • Request the deletion of your Personal Data; and
  • Obtain a copy of your Personal Data in an easily accessible format.

To submit a request, please contact us as set forth in the Contact Us section below. We will respond to  your request within a reasonable timeframe.

You also have the right to withdraw your consent to our processing of your Personal Data, to the extent  we rely on consent as our legal basis for processing that data, subject to certain exceptions. You can do  this by contacting us as set forth in the Contact Us section below and requesting that your Personal Data  be deleted.

Please note that, in certain cases, we may continue to process your Personal Data after you have  withdrawn consent and requested that we delete your Personal Data if we have a legal basis to do  so. For example, we may retain certain information if we need to do so to comply with an independent  legal obligation.

You have the right to lodge a complaint with your national data protection authority (i.e., supervisory  authority, http://ec.europa.eu/justice/data-protection/article-29/structure/data-protection authorities/index_en.htm).

8.  Rights of Individuals in California

If you reside in the State of California, the California Consumer Privacy Act (CCPA) provides you with  specific rights regarding your Personal Data. This section describes those rights and how to exercise  them.

Collection and Disclosure of Personal Data. MarketCast’s collection of Personal Data through the  administration of surveys and its use are set forth in Sections 1 through 6 of this Survey Privacy  Policy. During the preceding 12 month period:

  • we have collected Personal Data in the categories described in Sections 1(a) through (e) above; • we have shared Personal Data in the categories described in Sections 1(a) through (e) for business or commercial purposes consistent with Section 2 of this Survey Privacy Policy; and • we have not sold any Personal Data to third parties.

Right to Make a Request Under the CCPA. You have the right to request that we disclose certain  information to you regarding our collection, use and disclosure of your Personal Data over the past 12  months, including the categories and specific pieces of Personal Data we possess, the categories of  sources of the Personal Data, the business or commercial purpose for collecting the Personal Data, and  the categories of third parties with whom we share or sell the information, and the specific pieces  of Personal Data we have collected about you. Upon verified request, we will respond to your request  for such information.

You also have a right to request that we deletion of all or some of your Personal Data. Please note that,  in certain cases, we deny a request to delete your Personal Data if we have a legal basis to do so. For  example, we may retain certain information if needed to:

  • Complete the transaction for which the Personal Data was collected, provide a good or services requested by the consumer, or reasonably anticipated within the context of a business’s ongoing business relationship with the consumer, or otherwise perform a contract between the  business and the consumer;
  • Detect security incidents, protect against malicious, deceptive, fraudulent, or illegal activity or prosecute for that activity;
  • Debug to identify and repair errors that impair intended functionality;
  • Exercise free speech, ensure the right of another consumer to exercise his or her right to free speech, or exercise another right provided for by law;
  • Comply with California Electronic Communications Privacy Act;
  • Engage in public or peer reviewed scientific, historical or statistical research in the public interest that adheres to all other applicable ethics and privacy laws, when the information’s deletion may likely render impossible or seriously impair the research’s achievement, if you  previously provided informed consent;
  • Comply with a legal obligation; or
  • Otherwise use the consumer’s Personal Data, internally, in a lawful manner that is compatible with the context in which the consumer provided the information.

Who May Make a Request. Under the CCPA, you may make a request on behalf of yourself or you may  authorize an agent who is registered with the Secretary of State for the State of California to act on your  behalf. You may also make a request on behalf of your minor child.

Instructions for Submitting a Verifiable Consumer Request. To submit a request, please contact us as  set forth in the Contact Us section below, email us at privacy@marketcast.com, or mail us a request to  ATTN: Privacy Officer, MarketCast LLC, 5900 Wilshire Blvd., Floor 27th, Los Angeles, CA 90036. We  will confirm receipt of your request within 10 days of receiving it and will undertake to respond to your  request within 45 days. If additional time is required, we will provide you with notice and explanation of  the delay and respond to your request in no later than 90 days from its receipt.

Process Used to Verify a Consumer Request. We will verify all requests by contacting you  using contact information retained in our system. If our information does not allow us to contact you,  then we will verify your identity by asking you to confirm the data we have in our system. We cannot  respond to requests that cannot be verified.

Sale of Personal Data. We do not sell any Personal Data collected by us on our own behalf. To the  extent we collect Personal Data on behalf of a survey sponsor, unless you provide consent to the  sponsor for the sale of your Personal Data, your Personal Data will not be sold.

Right to Non-Discrimination for Exercise of Consumer’s Privacy Rights. MarketCast will not  discriminate against consumers for exercise of their rights under the CCPA.

9.  Contact Us

If you have questions about your rights as a survey participant, or other concerns about the survey or  this Survey Privacy Policy, you may contact MarketCast as set forth in the Contact Us section below, by  email us at privacy@marketcast.com, or mail us a request to ATTN: Privacy Officer, MarketCast LLC,  5900 Wilshire Blvd., Floor 27th, Los Angeles, CA 90036.