Privacy Policy

Web Survey Creator Privacy Policy

 

BACKGROUND

1.     Web Survey Creator (WSC), being the website at https://www.websurveycreator.com and any other affiliated platform, operated by us, that may be introduced from time to time is operated by Dipolar Pty Ltd (ACN 081 623 181)) (we, us or our).  WSC is a service that enables our clients (Survey Creators) to create projects on the WSC platform to allow respondents (Survey Respondents) to interact with, and respond to, surveys in relation to a particular topic (Projects) to generate qualitative and quantitative market research data for Survey Creators.

2.     We are committed to the protection of personal privacy and data protection within the scope of applicable law in your jurisdiction (Privacy Laws). This Privacy Policy covers our treatment of personal information that we collect, use and disclose in connection with WSC.

3.     Because the privacy position with respect to Survey Creators is different from that with respect to Survey Respondents on Projects, this Privacy Policy has separate sections dealing with each.

4.     We may update this Privacy Policy from time to time. The most current version will be located here on WSC, and is also available by contacting our Privacy Officer by email detailed below.

5.     By accessing WSC, you accept and agree to WSC's terms and conditions (Terms), whether as a Survey Creator or a Survey Respondent, available at https://www.websurveycreator.com/terms_and_conditions.aspx, which includes an agreement to be bound by the terms of this Privacy Policy. By using WSC, or providing any personal information to us, you consent to the collection, use and disclosure of your personal information as set out in this Privacy Policy and as specifically consented to by you from time to time.

PART A – PRIVACY POLICY FOR SURVEY RESPONDENTS

This section applies to the privacy of the personal information submitted by Survey Respondents. Any reference to "you" is a reference to a Survey Respondent.

COLLECTING YOUR PERSONAL INFORMATION

6.     WSC collects your personal information when you participate as a Survey Respondent on WSC. This may include, but is not limited to your name, address, phone number and contact details, and any other personal data that you choose to provide to us.

7.     If you submit personal or sensitive data as part of your participation on a Project, the Survey Creator (or its nominees or third party clients) will collect and use that information in accordance with its own privacy policy. We are not responsible for the Survey Creator's (or its nominee or third party client's) collection and use of such information, and it is your responsibility to be aware of their privacy policies in respect of each Project in which you participate. If you have any concerns regarding the Survey Creator's collection and use of personal information, you must contact the Survey Creator directly.

8.     We may also collect personal data (which may include sensitive data relating to your health, ethnicity or sexual orientation) when you submit such information through your participation on a Project.

9.     You do not have to provide us with any personal information, however if you do not do so we may not be able to facilitate your participation in Projects.

10.  We do not monitor or control the notifications provided to you by Survey Creators or the information or responses which may be sought from you during a Project in any way.

USE AND DISCLOSURE OF YOUR PERSONAL INFORMATION

11.  We collect and use personal data as required to conduct our business and pursue our legitimate interests, in particular:

(a)   we will use your information to:

(i)             respond to any enquiry or comment you make (when you contact us, we may keep a record of the communication(s) to help resolve any issues you might have);

(ii)            administer our Terms (for example, we may  notify you of a breach, or action a request for a take down notice in response to a claim of copyright infringement);

(iii)           provide and arrange for Survey Creators to conduct Projects on the WSC platform; and

(iv)           allow you to participate in Projects on the WSC platform;

(b)   we monitor use of the WSC platform to:

(i)             protect us and other Survey Respondents and Survey Creators that use WSC (Users);

(ii)            use your information to help us monitor, improve and protect our products, content, services and websites, both online and offline;  and

(iii)           prevent, investigate and/or report fraud, terrorism, misrepresentation, security incidents or crime, in accordance with applicable law;

(c)   we use information you provide to:

(i)             personalise our website, products or services for you;

(ii)            generate qualitative and quantitative market research data for Survey Creators; and

(iii)           investigate any complaints received from you or from others, about our website or the WSC platform (when you contact us, we may keep a record of the communication(s) to help resolve any issues);  and

(d)   we will use data in connection with legal claims, compliance, regulatory and investigative purposes as necessary (including disclosure of such information in connection with legal process or litigation).

12.  We may also use your personal information where you give us consent, in particular:

(a)   we place cookies and use cookies and use similar technologies in accordance with the Cookies section below and the information provided to you when those technologies are used;  and

(b)   on other occasions where we ask you for consent, we will use the data for the purpose which we explain at that time.

13.  We may also use your personal information for purposes which are required by applicable law, for example:

(a)   where we need parental consent to provide online services to children under 16. We use our best efforts to ensure that we (and Survey Creators) do not collect any information from anyone under 13 years of age; and

(b)   in response to requests by government or law enforcement authorities conducting an investigation.

Withdrawing consent

14.  Wherever we rely on your consent, you will always be able to withdraw that consent, although we may have other legal grounds for processing your data for other purposes, such as those set out above.

OVERSEAS DISCLOSURE OF PERSONAL INFORMATION

15.  We may disclose some of your personal information overseas in circumstances where the Survey Creator or the Survey Creator's organisation is based outside the jurisdiction in which you are located.

16.  If you are located:

(a)   in Australia, we will take reasonable steps to ensure the overseas recipient does not breach the Australian Privacy Principles in relation to any of your personal information that we disclosed to them;  and

(b)   in the EU, and the disclosure is to a recipient in a country that is not subject to an adequacy decision by the EU Commission, data will be adequately protected by EU Commission approved standard contractual clauses, an appropriate Privacy Shield certification or a vendor's Processor Binding Corporate Rules.  A copy of the relevant mechanism can be provided for your review by contacting us using the contact details below.

How long will we retain your data?

17.  Where we process registration data, or other personal data associated with our legitimate business purposes (specifically as a Survey Respondent in a Project created by a Survey Creator) we will retain this data for as long as the Survey Creator does not remove you, or the personal data provided, through deletion (including deletion of its own account), and does not choose to convert respondents into anonymous respondents.

18.  Where we process personal data with your consent, we will retain it until you ask us to stop and for a short period after this (to allow us to implement your requests).

PART B – PRIVACY POLICY FOR SURVEY CREATORS

This section applies to the privacy of the personal information submitted by Survey Creators and any other person who submits personal information to us. Any reference to "you" is a reference to a Survey Creator.

COLLECTING YOUR PERSONAL INFORMATION

19.  You must notify Survey Respondents of the extent to which you will collect personal information from them and the way in which you will handle and use such personal information.

20.  We may collect personal information and other information about you when you:

(a)   provide us with personal information in an email, letter, by telephone, during a meeting or by other means;

(b)   open an account with us;

(c)   complete and submit an online application or any other online form; or

(d)   access and use our services through WSC or otherwise.

21.  The personal information we collect may include, but is not limited to, your name, your company name, email address (including invoice email address), physical and postal address, ABN, VAT Registration Number (where relevant), billing information, payment information and additional personal or other information.

22.  You do not have to provide us with any personal information, however if you do not do so we may not be able to facilitate your creation and management of Projects.

23.  If your personal details change, it is your responsibility to update your WSC account with those changes, so your records are complete, accurate and up to date.

24.  We do not monitor or control the notifications provided by you to Survey Respondents or the information which may be sought in a Project in any way.

25.  If a Survey Respondent has any concerns regarding the extent to which personal information will be collected as part of a Project or the handling or use of such personal information, then we will inform the Survey Respondent to contact you for further information.

COLLECTING YOUR SENSITIVE INFORMATION

26.  We will not collect your sensitive information from you or any third party.

use and disclosURE OF your personal information

27.  We collect and use personal data as required to fulfil a contract, or take steps linked to a contract with you, in particular to:

(a)   establish and maintain your relationship with us;

(b)   verify your identity;

(c)   provide and arrange for you to conduct Projects on the WSC platform; 

(d)   allow you to communicate with Survey Respondents;  and

(e)   take payments.

28.  We collect and use personal data to conduct our business and pursue our legitimate interests, in particular:

(a)   we will use your information to:

(i)      to contact you for non-marketing purposes (for example, to inform you about upcoming changes or improvements to our services);

(ii)     respond to any enquiry or comment you make (when you contact us, we may keep a record of the communication(s) to help resolve any issues you might have);

(iii)    administer our Terms (for example, we may notify you of a breach, or action a request for a take down notice in response to a claim of copyright infringement);  and

(b)   we monitor use of our website and the WSC platform to:

(i)      protect us, Survey Respondents and other Survey Creators that use WSC (Users);

(ii)     use your information to help us monitor, improve and protect our products, content, services and websites, both online and offline;  and

(iii)    prevent, investigate and/or report fraud, terrorism, misrepresentation, security incidents or crime, in accordance with applicable law;

(c)   if you provide a credit or debit card as payment, we also use third parties to check the validity of the BSB/sort code (where applicable), account number and card number you submit in order to prevent fraud;

(d)   we use information you provide to:

(i)      personalise our website, products or services for you; 

(ii)     investigate any complaints received from you or from others, about our website, the WSC platform and Projects (when you contact us, we may keep a record of the communication(s) to help resolve any issues);  and

(e)   we will use data in connection with legal claims, compliance, regulatory and investigative purposes as necessary (including disclosure of such information in connection with legal process or litigation).

29.  We may also use your personal information where you give us consent, in particular:

(a)   we place cookies and use similar technologies in accordance with the Cookies section below and the information provided to you when those technologies are used;  and

(b)   on other occasions where we ask you for consent, we will use the data for the purpose which we explain at that time.

30.  We may also use your personal information for purposes which are required by applicable law, for example:

(a)   where we need parental consent to provide online services to children under 16. We use our best efforts to ensure that we (and Survey Creators) do not collect any information from anyone under 13 years of age;  and

(b)   in response to requests by government or law enforcement authorities conducting an investigation.

Withdrawing consent

31.  Wherever we rely on your consent, you will always be able to withdraw that consent, although we may have other legal grounds for processing your data for other purposes, such as those set out above.

32.  We may also disclose your personal information to third parties (such as mail services, marketing and advertising consultants) who work with us in our business to provide, promote or improve the products or services you have requested or are interested in, such as suppliers and contractors, marketing consultants and promotions companies, website hosts, and consultants and professional advisers.

OVERSEAS DISCLOSURE OF personal information

33.  We may disclose some of your personal information overseas in circumstances where the Survey Respondent is based outside the jurisdiction in which you are located.

34.  If you are located:

(a)   in Australia, we will take reasonable steps to ensure the overseas recipient does not breach the Australian Privacy Principles in relation to any of your personal information that we disclose to them;  and

(b)   in the EU, and the disclosure is to a recipient in a country that is not subject to an adequacy decision by the EU Commission, data will be adequately protected by EU Commission approved standard contractual clauses, an appropriate Privacy Shield certification or a vendor's Processor Binding Corporate Rules.  A copy of the relevant mechanism can be provided for your review by contacting us using the contact details below.

How long will we retain your data?

35.  Where we process registration data, or other personal data associated with our legitimate business purposes, we will retain this data for as long as you are a registered user of our platform and you have not removed your account. Where the account is deleted or you are no longer a registered user of our platform, we will keep the data for a period of 3 months as a backup before it is removed.

36.  Where we process personal data with your consent, we will retain it until you ask us to stop and for a short period after this (to allow us to implement your requests).

PART C – General provisions applicable to SURVEY RESPONDENTS and SURVEY CREATORS

THIRD PARTIES AND THIRD PARTY HOSTING

37.  WSC may contain links to third party websites, and advertisers, or make available services obtained from third parties. If you follow a link to any of these websites, or use any services obtained from third party service providers via WSC that requires you to provide personal information (including sensitive information if relevant) directly to such third parties, note that they have their own privacy policies and we are not responsible for their collection and use of your personal information. If you use WSC to link to another site, or use a service obtained from a third party service provider via WSC, you will be subject to that site’s or third party's terms and conditions of use, privacy policy and security statement. We strongly encourage you to view these before disclosing any of your personal information on such sites.

38.  We do not control, and do not accept any responsibility or liability for, the privacy policy of, and collection, use or disclosure of personal information, by any party other than us (including any User of WSC, the operators of any website to which WSC links, Survey Creators' third party clients or third party service providers to whom you directly provide your personal information including sensitive information if relevant).

39.  In the event that the business is sold or integrated with another business, your details will be disclosed to our advisers and any prospective purchaser’s adviser and will be passed to the new owners of the business. 

40.  We may use a third party to provide hosting or other services and as a result your personal information may be collected and stored using physical infrastructure owned by third parties.  In these circumstances:

a)    we will retain logical control of the personal information; and

b)    the third party will not be permitted to access, use or disclose the personal information except to the extent necessary to provide the services (e.g. creating data back-ups or performing maintenance services) or if disclosure is required by a governmental entity.

41.  By providing your personal information to us, you consent to this limited collection and use of the personal information by third party hosting and service providers.

California Online Privacy Protection Act Compliance

42.   Because we value your privacy we have taken the necessary precautions to be in compliance with the California Online Privacy Protection Act. We therefore will not distribute your personal information to outside parties without your consent. As part of the California Online Privacy Protection Act, all Survey Creators may make any changes to their information at any time by logging into the platform and editing their personal information. Survey Respondents may make changes by contacting the moderator for the Project they are participating in and requesting the change.

What rights do YOU have?

43.  You have the right to ask us for a copy of your personal data; to correct, delete or restrict (stop any active) processing of your personal data; and to obtain the personal data you provide to us for a contract or with your consent in a structured, machine readable format, and to ask us to share (port) this data to another controller.

44.  In addition, you can object to the processing of your personal data in some circumstances (in particular, where we don’t have to process the data to meet a contractual or other legal requirement, or where we are using the data for direct marketing).

45.  These rights may be limited, for example if fulfilling your request would reveal personal data about another person, or if you ask us to delete information which we are required by law to keep or have compelling legitimate interests in keeping.

46.  To exercise any of these rights, you can get in touch with us using the details set out below. If you have unresolved concerns, you have the right to complain to the data protection authority where you live, work or where you believe a breach may have occurred.

HOW WE PROTECT PERSONAL INFORMATION

47.  We store personal information in a combination of computer storage facilities and other records. In so doing, we have taken numerous steps to protect your personal information from misuse, interference and loss, and unauthorised access, modification or disclosure. Additionally, we, through the functionality provided to Survey Creators, take reasonable steps to destroy or permanently de-identify personal information when we no longer need it.

48.  We cannot guarantee the absolute security of that information, or that our systems will be completely free from third party interception or are incorruptible from viruses. We cannot and do not guarantee that information you send from your computer to us over the internet will be protected by any form of encryption (encoding software). In light of this, we cannot and do not warrant the security or privacy of your personal information, including payment and account details. You transmit your personal information to us at your own risk. You are entirely responsible for maintaining the security of your passwords and/or account information.

COOKIES

49.  WSC uses cookies to track User traffic patterns and to better serve you when you revisit WSC. A cookie is a small data file that a website may write to your hard drive when you visit it. A cookie file can contain information, such as a User ID which the website uses to track the pages you have visited. You can refuse all cookies by turning them off in your browser. However, full functionality of our websites requires the use of cookies. Please see the following links for more information about cookies that WSC uses:

(a)   https://www.websurveycreator.com/c/cookies.aspx

50.  Information is also generated whenever a page is accessed on WSC that records information such as the time, date and specific page. We collect such information for statistical and maintenance purposes that enables us to continually evaluate the performance of WSC.

51.  WSC also collects cookies for use by analytics services, such as Google Analytics. These services use cookies and scripts to collect and store information. Please see the following links for more information about Google Analytics:

(a)   https://google.com/privacy_ads.html;

(b)   https://google.com/privacy.html; and

(c)   https://google.com/analytics/tos.html.

52.  We do not tie information gathered using third party analytics to your personal information.

HOW YOU CAN ACCESS YOUR PERSONAL INFORMATION

53.  At your request, we will provide you with a copy of any personal information which we hold about you, unless an exception under the Privacy Laws applies. Where permitted by the Privacy Laws, we may charge a fee for retrieving this information, in which case we will inform you of the fee and obtain your agreement to that fee before providing the information.

54.  We will allow you, at any time, to access, edit, update and/or delete the personal information that we hold about you, unless we are legally permitted or required under Privacy Laws to deny you access to, and/or to retain, the information.

55.  We will promptly acknowledge and investigate any complaint about the way we manage personal information.

56.  If your personal information is held by a Survey Creator (or its nominees or third party clients), access to such personal information held by that entity is subject to their privacy policy.

HOW TO CONTACT US OR MAKE A COMPLAINT

57.  If you have any questions about this Privacy Policy, or if you wish to make a complaint about our collection, use or disclosure of your personal information under this Privacy Policy, please contact us at support@websurveycreator.com.

 

Last updated May 2018