Survey Junkie Member and Non-Member Privacy Policy

At Survey Junkie, we understand your privacy is valuable to you, and we believe it is important for you to understand the information you are sharing when you use our program. For these reasons, we would like to tell you about the information we collect and what we do with it. And, if you ever have a question about how we use or share your information or our privacy practices, you may contact us by emailing [email protected].

Please read the following Terms of Use carefully before downloading or using the Survey Junkie Metering Application (“Software”). These “Terms” or “Agreement” constitute a legally binding agreement between you and Survey Junkie (“Survey Junkie” or “we”). By signing up for the Survey Junkie Metering Application (the “Program”), or downloading, accessing, or using the Software you hereby expressly agree to comply with, and be bound by, these Terms.

Your use of the Program constitutes your agreement to be bound by this Agreement. THIS AGREEMENT ALSO INCLUDES A MANDATORY ARBITRATION CLAUSE AND CLASS ACTION WAIVER. IF YOU DO NOT AGREE TO THESE TERMS, DO NOT DOWNLOAD THE SOFTWARE OR REGISTER FOR THE PROGRAM.

Survey Junkie conducts research to understand consumer behavior (“Research”) and provides Survey Junkie’s Metering Application to be installed on consumers’ digital devices (e.g., via the computer application or otherwise) (“Device”).

By providing your details and consenting to this Agreement, you (“you” or “Participant”) agree to take part in the Program and agree to have the Software installed on your Device as further set out below. You acknowledge and agree that each Device may require a separate Software to be installed (for example, if you have multiple computers).

Eligibility and Registration

When you register for the Program and authorize the Software to be installed, you represent that: you are at least 18 years old and capable of entering into a binding contract; you are the owner of the device onto which you authorize the Software to be downloaded, or that you have authorization from the owner of such computer; if there are any minors within your household, you agree that you are the parent or guardian of any minor with access to the devices you are registering and that you shall either restrict the minor’s access to the Device or that you agree to such minor’s use of the Software; and you shall inform those individuals with access to the device on which the Software is installed that by using the Device they are participating in the Program, and these individuals have given you their express consent to be a part of the Program and understand the information collected, used and shared pursuant to the Program.

Term and Termination

The Agreement commences when you accept these Terms and the Software is installed on any Device and lasts until you remove the Software from all Devices or until Survey Junkie terminates this Agreement. You may at any time cancel your participation by uninstalling the Software manually. Please note that, until the Software is disabled or uninstalled, data will continue to be collected by Survey Junkie.

Using the Software

The Software may be installed on one or more eligible Devices that you identify during the enrollment process, and you may only authorize the installation of the Software on the Devices for which you own or have the right to use. Data from the registered Device will be sent to Survey Junkie on a regular basis as described further below.

Restrictions

You agree that you will not distribute, modify or copy the Software or disassemble, decompile, reverse engineer, or otherwise attempt to derive source code from the Software.

Copyright. The Software is protected by United States copyright laws, international treaty provisions, and other laws. You shall not use, copy, display, modify or distribute the Software or any accompanying documentation except in strict accordance with this Agreement.

Software Updates. You understand and agree that we may, from time to time, automatically update the Software in order to modify or supplement the type of data it tracks and to fix errors. You agree that Survey Junkie may do so without providing notice to you.

Children. Survey Junkie complies with the Children’s Online Privacy Protection Act. If you are a parent and make your Device accessible to your child(ren) under age 13 without disabling the Software, you agree that you are providing your verifiable, informed consent for Survey Junkie to collect the information set forth herein from such children. You may cancel your consent at any time by uninstalling the Software.

DISCLAIMER; LIMITATION OF LIABILITY. YOU EXPRESSLY AGREE THAT USE OF THE PROGRAM AND THE SOFTWARE IS AT YOUR OWN RISK. NEITHER Survey Junkie NOR ANY OTHER PARTY INVOLVED IN CREATING, PRODUCING, OR DELIVERING THE SOFTWARE OR PROGRAM MAKES ANY REPRESENTATIONS ABOUT THE SUITABILITY OF THE SOFTWARE OR PROGRAM. THE SOFTWARE AND THE PROGRAM ARE PROVIDED “AS IS” AND WITHOUT WARRANTY OF ANY KIND. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL Survey Junkie OR ANY OF ITS REPRESENTATIVES, BE LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES (INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF BUSINESS PROFITS, BUSINESS INTERRUPTION, LOSS OF BUSINESS INFORMATION, THIRD PARTY CLAIMS, OR OTHER LOSS) ARISING OUT OF OR IN CONNECTION WITH THE SOFTWARE THE PROGRAM, YOUR USE THEREOF, THE DATA THEREBY COLLECTED, OR THIS AGREEMENT, WHETHER BASED UPON BREACH OF CONTRACT, TORT (INCLUDING, WITHOUT LIMITATION, NEGLIGENCE AND PRODUCT LIABILITY) OR OTHERWISE, EVEN IF Survey Junkie OR ITS REPRESENTATIVES HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

MANDATORY ARBITRATION; CLASS ACTION WAIVER

ANY CLAIM OR DISPUTE RELATING IN ANY WAY TO YOUR USE OF THE SOFTWARE OR PROGRAM, OR THIS AGREEMENT SHALL BE SUBMITTED TO CONFIDENTIAL BINDING ARBITRATION, EXCEPT THAT EITHER PARTY MAY SEEK INTERIM RELIEF FROM ANY STATE OR FEDERAL COURT IN THE PARTY’S STATE OF RESIDENCE TO PROTECT THE PARTY’S INTELLECTUAL PROPERTY RIGHTS. ARBITRATION REMOVES YOUR RIGHT TO LITIGATE A CLAIM IN COURT OR TO HAVE A JURY TRIAL ON THAT CLAIM. OTHER RIGHTS THAT YOU WOULD HAVE IN COURT MAY NOT BE AVAILABLE IN ARBITRATION. IT IS IMPORTANT THAT YOU READ THIS PROVISION CAREFULLY BEFORE ACCEPTING THIS AGREEMENT.

IF A DISPUTE IS ARBITRATED, YOU GIVE UP YOUR RIGHT TO PARTICIPATE AS A CLASS REPRESENTATIVE OR CLASS MEMBER ON ANY CLASS CLAIM YOU MAY HAVE AGAINST Survey Junkie INCLUDING ANY RIGHT TO CLASS ARBITRATION OR ANY CONSOLIDATION OF INDIVIDUAL ARBITRATIONS. DISCOVERY AND RIGHTS TO APPEAL IN ARBITRATION ARE GENERALLY MORE LIMITED THAN IN A LAWSUIT, AND OTHER RIGHTS AVAILABLE IN COURT MAY NOT BE AVAILABLE IN ARBITRATION.

The arbitration shall proceed under the American Arbitration Association's rules for arbitration of consumer-related disputes and you and Survey Junkie hereby expressly waive trial by jury. You may bring claims only on your own behalf. You also agree not to participate in claims brought in a private attorney general or representative capacity, or consolidated claims involving another person's account. In any arbitration, Survey Junkie will pay the filing, administration, service or case management fee, plus the costs associated with the first day of arbitration. Unless inconsistent with applicable law, each party shall bear the expense of their respective attorneys’, experts’ and witness fees, regardless of which party prevails in the arbitration. Arbitration shall take place in the city and state where you ae located if you reside in the United Sates; otherwise, the arbitration shall occur in Los Angeles, California, but may proceed telephonically if you so choose.

This provision will be governed by the Federal Arbitration Act. Judgment on the award rendered by the arbitrator may be entered in any court having competent jurisdiction.

Indemnification

You agree to defend, indemnify and hold harmless Survey Junkie from and against any and all claims and all liabilities, assessments, losses, costs or damages resulting from or arising out of (i) your breach of this Agreement, (ii) your infringement or violation of any intellectual property, other rights or privacy of a third party, and (iii) misuse of the Software.

Consent to Processing of Personal Data

This privacy notice forms part of this Agreement and sets out important information about your rights. Please read this notice before accepting these Terms.

Collection of Information

When you register for the Program, we may ask you to complete a form providing us with certain personal information such as your full name, physical address, email address, phone number, gender, employment status, household income, education level, marital status, household status, ethnicity, type of computer you use, and other information about you or your internet use habits.

The Software is intended to be installed as an extension on your Device’s browser. When the Software is installed, we collect information from your use of the browser, including information about your browsing activities. This includes certain types of data that you enter into the websites that you use when browsing the internet. Examples of information we collect include Internet Protocol (IP) address: host name and host address, local host address and state; device information; URLs that you visit, response/loading time, cookies loaded onto your computer; advertisements you see; browsing and shopping behavior. We also collect your interactions with websites, such as search terms that you may enter into your browser, search engines, or a website search function, regardless of the contents of your search (e.g., if you insert your name into the search field, we will capture that information), what media you may be consuming, online shopping behavior, and other general web browsing activity.

Use of Information

We may use the information collected by the Software for multiple purposes, including to conduct research into consumers’ browsing behaviors, for benchmarking user behavior, and reviewing online trends and shopping preferences. Our research provides insights into the preferences of consumers, the effectiveness of advertising, the demographics of people who are interested or not interested in various products, services, and websites, and consumers’ media and purchasing habits. We also create scientific reports based upon modeled information. “Modeled information” is data we develop based upon demographic and behavioral characteristics (like your gender, age, and purchasing habits) to predict the interests of people with similar characteristics.

We may also collect information about you if you choose to participate in surveys. For example, we may ask you questions based on your browsing history to better understand the decisions you make online.

We or our clients or partners may also use the information for additional purposes, such as data analysis, audits, developing new products, enhancing our website or software, improving our services, identifying usage trends and determining the effectiveness of our communications.

Sharing Information

We may share your information under the following circumstances:

1. With our third-party partners and clients for various purposes, for example, market research, benchmarking, identifying consumer trends, and matching your purchase history with information they have collected about you independently, such as your purchasing history from them or if you are a member of a loyalty program. We may share this information in a privacy-compliant way, such as by combining your information with the responses of others to produce modeled information. We also may share this information with our clients and partners in a way that identifies you individually.
2. With third parties who provide services for us such as website application hosting; data analysis; infrastructure provision; IT services; email delivery service; auditing services; and reward, incentive, and other similar services.
3. To a third party in the event of 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).
4. In other ways for which we provide specific notice prior to, or at the time of, initial collection.
5. As we believe to be necessary or appropriate: (a) under applicable law; (b) to comply with legal process; (c) to respond to requests from public and government authorities including public and government authorities outside your country of residence; (d) to enforce our terms and conditions; (e) to protect our operations or those of any of our affiliates; (f) to protect our rights, privacy, safety or property, and/or that of our affiliates, you or others; or (g) to allow us to pursue available remedies or limit the damages that we may sustain.

Your Choices and Opt-Out

Your participation in the Program is voluntary. If you wish to disable the Software’s information collection, you should switch to “private” or “incognito” browsing mode in your web browser, or uninstall the software from your Device. Please note that if you are a member of other of our services, such as Survey Junkie, you will need to opt out of each service separately. If you choose to terminate your Survey Junkie account, your Survey Junkie Metering Application account will still be active. Similarly, if you uninstall this program, your Survey Junkie account will remain active.

Miscellaneous

Assignment. You shall not assign this Agreement or any rights or obligations hereunder, by operation of law or otherwise, without the prior written approval of Survey Junkie. Survey Junkie may assign this Agreement, and its rights and obligations hereunder, to any third party without your consent or notice to you. Subject to the foregoing, this Agreement shall be binding upon and inure to the benefit of the parties hereto, their successors and permitted assigns.

Severability. If any provision contained herein is held to be invalid or unenforceable, such provision shall be reformed only to the extent necessary to make it enforceable, and the remaining provisions shall be enforced.

Entire Agreement. This Agreement is the entire agreement between you and Survey Junkie with regard to the subject matter hereof and supersedes any and all prior communications with respect thereto.

California Consumer Privacy Act (CCPA)

The California Consumer Privacy Act (CCPA) provides California residents with certain rights relating to their personal information. This section describes your CCPA rights and how to exercise any of those rights by submitting a verifiable consumer request. Only you, or a person that you authorize to act on your behalf, may make a verifiable consumer request twice in a twelve (12) month period. The verifiable consumer request must provide requested information that allows us to reasonably verify that you are the person about whom we collected personal information. You will not be required to create an account to submit a verifiable consumer request. We will only use the personal information that you provide in a verifiable consumer request to verify the requesting individual’s identity or authority to make the request. We may need to request additional information from you to verify your identity or understand your request.

Right to Access, Data Portability, and Deletion

You have the right to request access to personal information in a portable and easily accessible format. Upon receiving and verifying a verifiable consumer request, if we collected personal information about you over the past twelve months, the following information will be provided:

• The categories of personal information we collect about you
• The categories of sources of your personal information
• The business or commercial purpose for collecting or selling your personal information
• The categories of any third parties with whom we share your personal information
• The specific pieces of personal information collected about you

If we sold your personal information, the following information will be provided:

• The categories of personal information we collect about you
• The categories of personal information we sold
• The categories of any third parties to whom we sold your personal information
• A list of which categories of personal information we sold to each third party
• The categories of personal information we disclose about you for business purposes

You have the right to request deletion of your personal information that we have collected or maintained. However, this right does not apply if we need to retain the personal information to do the following:

• Provide a good or service requested by you, or reasonably anticipated within the context of our ongoing business relationship with you
• Detect security incidents and protect against malicious, deceptive, fraudulent, or illegal activity
• Debug to identify and repair errors that impair existing intended functionality
• Conduct research in the public interest
• Safeguard the right to free speech
• To enable solely internal uses that are reasonably aligned with your expectations based on your relationship with us
• Comply with a legal obligation or applicable law
• Use your personal information in a lawful manner that is compatible with the context in which you provided the information.

Right to Opt-Out of the Sale of Personal Information

You have the right to opt-out of the sale of personal information. A “sale” is broadly defined by the CCPA to mean the selling, renting, releasing, disclosing, disseminating, making available, transferring, or otherwise communicating your personal information by us to a third party for valuable consideration. You will not be required to create an account to complete the opt-out process. We will not use any personal information gathered during the opt-out process for other purposes besides complying with your opt-out request. Once your request is received and verified, we will not sell your personal information. You may opt-in for the sale of personal information at any time; however, we will not reach out to request that you opt-in for at least twelve (12) months.

Personal Information

We collect personal information directly from you. As further described in this privacy policy, we may collect personal information from the following categories of sources: consumer survey companies, financial services companies, security and verification services companies, online and mobile websites and applications and information services bureaus.

We use, disclose, and share the personal information we collect for our business purposes which include, without limitation: (i) to communicate with you regarding your membership with a Panel; (ii) to communicate with you regarding your participation in a survey(s); (iii) to tailor survey opportunities to you; (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 our reward and incentive programs and fulfill your requests for rewards and incentives; (vii) to facilitate your entry into sweepstakes and promotions and communicate with you regarding such entries (viii) to update our records; (ix) to comply with any data suppression obligations or requirements; (x) for identity verification and fraud detection and/or prevention purposes; and (xi) as otherwise permitted under to this Privacy Policy or as otherwise authorized by you. Furthermore, when you use the Survey Junkie Mobile Application, we collect information to identify you as a user of our Services. The Survey Junkie Mobile Application collects information on your online activity, such as visiting websites and using other mobile applications, and analyzes your information to build an individual profile to help us build and improve our Services.

We may sell or disclose the categories of personal information to the following categories of third parties: market research agencies, advertising agencies, media companies, food and beverage companies, transportation companies, e-commerce companies, technology companies, retail companies, health product companies, consumer services companies, telecommunication companies, advertising networks, social networks, and data analytics providers.

Special Note About Children

We adhere to applicable laws and industry codes pertaining to the protection of children's privacy. Our Services are not designed or intended for use by any individual under the age of sixteen (16) and we do not knowingly collect Personal Data from anyone under the age of sixteen (16). If we become aware that we inadvertently collect Personal Data from anyone under this age threshold, we will promptly delete such Personal Data. Parents, guardians or other persons with parental rights are encouraged to contact us, as set forth below, to discuss this Privacy Policy and their rights to access, review, correct, delete or object to the processing of Personal Data of or about their child or children.

Contact us

If you have any questions, concerns, or comments, you may contact us at [email protected].