SurveyMini® Privacy Notice

Effective Date: April 24, 2015

This Privacy Policy applies to the SurveyMini application (“Survey Mini”), which is owned and/or operated by Service Management Group, Inc., Service Management Group Limited and their respective affiliates (collectively “SMG”, “we”, or “us”)

PLEASE REVIEW THIS PRIVACY NOTICE CAREFULLY. When you use or access SurveyMini or when you submit information to or through SurveyMini, you consent to the collection and processing of your information as described in this Privacy Policy.

If you have not done so already, please also review our Terms of Service. The Terms of Service contain provisions that limit our liability to you and require you to resolve any dispute with us through final and binding arbitration on an individual basis and not as part of any class or representative action.

IF YOU DO NOT AGREE WITH ANY PART OF THIS PRIVACY POLICY OR OUR TERMS OF SERVICE, THEN PLEASE DO NOT USE SURVEYMINI.
1. CHANGES TO THIS PRIVACY POLICY
2. INFORMATION WE COLLECT
3. HOW WE COLLECT INFORMATION
4. HOW WE USE, SHARE AND DISCLOSE INFORMATION
5. YOUR CHOICES ABOUT INFORMATION COLLECTION
6. MANAGING YOUR ACCOUNT INFORMATION
7. CHILDREN’S PRIVACY
8. LINKS TO THIRD PARTY SERVICES
9. INFORMATION PROTECTION
10. INFORMATION FOR CALIFORNIA RESIDENTS
11. GEOGRAPHIC CONSIDERATIONS
12. SAFE HARBOR POLICY
13. HOW TO CONTACT US
 
1. CHANGES TO THIS PRIVACY POLICY


The Effective Date of this Privacy Policy is set forth at the top of this page. As we add new features, we may need to modify this Privacy Policy. Your continued access to or use of SurveyMini after the Effective Date constitutes your acceptance of the amended Privacy Policy. The amended Privacy Policy supersedes all previous versions. We will not, however, make retroactive changes that reduce your privacy rights unless you affirmatively agree to those changes.

2. INFORMATION WE COLLECT

“Personal Information”
means information associated with or used to identify a specific person. Personal Information includes: (1) contact data (such as e-mail address, telephone number and employer); (2) demographic data (such as gender, date of birth and zip code); and (3) your responses on Surveys to the extent the information identifies you or is linked to you as an individually identifiable person.

“Usage Data” is information about activity while using SurveyMini or obtained while SurveyMini is active on your mobile device, such as (i) IP address; (ii) domain server; (iii) type of device(s) used to access SurveyMini; (iv) statistics and information associated with the interaction between your browser or device and SurveyMini, such as device model, carrier/network, battery life information to optimize location sampling based upon the remaining battery life, and basic usage statistics about your device; (v) real-time GPS or other geolocation data from your mobile device when you allow us to receive that information through the location (or similar) settings on your mobile device; and (vi) referring webpage or other source through which you accessed SurveyMini (collectively “Usage Data”).

Generally, we do not consider Usage Data as Personal Information because, in general, Usage Data by itself does not identify an individual. If we link Usage Data with other information in a way that renders the person individually identifiable, however, we will treat that information as Personal Information.

3. HOW WE COLLECT INFORMATION

We collect information that you provide to us and from your use of SurveyMini. The information that we collect and how we process it depends on how you use and access SurveyMini.

SMG conducts market research to better understand consumer preferences about their goods and services and uses that information to derive consumer insights, such as where, when and how often consumers visit retail locations and their experiences during those visits. We collect this information for SMG as well as research on behalf of our Clients.

From You: We collect information from you when you:

  • Download and Use SurveyMini: We collect Personal Information and Usage Data from you when you download, create an account and use SurveyMini, and when you contact us for help or information or otherwise voluntarily provide your Personal Information. We continue to collect information even when SurveyMini may not be open on your device, because the app is designed to let us know when you are in or near a location for which we may want to send you a Survey. If you do not wish to have your information collected in this way, you can delete the app from your device.
  • Complete a Survey: We collect the information that you submit in Surveys about your consumer experiences and preferences. We may combine information from your Surveys with other information we received from Clients or other third parties to better understand your consumer experiences. We also may combine information from your Surveys with information from Surveys that other users complete. By completing a Survey, you consent to our use of the information you choose to provide us in reports and other analyses for SMG and our Clients, and in any other way disclosed to you at the time the information is collected.
  • Connect with Social Media though SurveyMini: SMG may offer you the ability to log in or use Facebook Connect or other social networking services (collectively, “Social Media” in conjunction with SurveyMini. When you access SurveyMini through your Facebook or other Social Media account, SMG may, depending on your privacy settings, have access to information that you have provided to the Social Media platform. We may use this information for the purposes described in this Privacy Policy or at the time the information was collected.
From our Clients: Clients may send us information about your interactions with their brands, such as loyalty programs in which you are enrolled and receipts with detailed information about transactions. We may combine this information with other information we collect to enhance the research we conduct and services we provide for our Clients.

Usage Data: We automatically collect Usage Data when you interact with SurveyMini and when SurveyMini is active on your mobile device.

If information that we collect locates or identities a particular person, we treat it as Personal Information.

4. HOW WE USE, SHARE AND DISCLOSE INFORMATION

How we use and share the information that we collect or that you provide to us depends on the type of information and context for its use or disclosure.

  • Information from Use of SurveyMini. We use the information collected through your use of SurveyMini to conduct research on behalf of SMG and our Clients, and to derive consumer insights. In addition, we may post your SurveyMini responses to an online review platform we operate called TrumpetRatings, available at www.trumpetratings.com. After you set up your account we will ask you for an optional screen name which will appear with your review. If you prefer to remain anonymous, simply decline to provide a screen name and your posting will remain anonymous. Postings will be available for viewing online by the public on Trumpet Ratings.
  • Collected Information. We collect research data for SMG and on behalf of our Clients (“Collected Information”) We may share Collected Information with our Clients, but this information is on an aggregated basis and does not identify you individually. We will not share your personally identifiable information with a Client without your explicit consent. We use Collected Information to derive research insights and provide consumer behavior analytics and business intelligence to our Clients.
  • Location Information. Some of the Collected Information is geo-location information collected through SurveyMini (“Location Information”) which we use to facilitate location-based research to better understand consumer behavior and assist our Clients to derive insights about their customers and consumers generally, such as how much consumers travel, where they shop, and which stores they drive past but do not go into. In addition, we may use Location Information from your mobile device(s) to deliver you location-triggered Surveys.
  • Relationship Management. We use your Personal Information, as needed, to manage our relationship with you by mail, telephone, facsimile, e-mail, mobile alerts and SMS text messaging, including providing customer service and delivering Surveys and Rewards (as described in our Terms of Service). We may share Personal Information with service providers that assist in managing our relationship with you. If you elect to participate in a sweepstakes or other promotion, we send your information to third party administrators of those promotions so that they can answer your questions or contact you about a prize you won or other related activities. We will use your IP address to facilitate internet-routed communication between our back-end systems and the particular device you are using..
  • Services You Request. We may use and share your Personal Information in order to perform services you request or functions you initiate. We also may offer you the opportunity to share information with your friends and other consumers through SurveyMini.
  • Usage Analytics and Performance Improvement. We use information collected via data collection tools for usage analytics, fraud detection and performance improvement for SurveyMini..
  • Affiliates. We may share information that we collect from or about you with our affiliated companies. Please note that this includes information about your visits and use of SurveyMini, comments, opinions and other information that you type into text fields in SurveyMini. For these purposes “affiliates” are those companies that are under common control of our parent company Service Management Group, Inc.
  • To Perform Services on Our Behalf. We share your information, including your Personal Information, with our service providers to perform the functions for which we engage them (such as hosting, data storage and security). In addition, we may share your Personal Information with third parties in order to fulfill services you have requested or benefits you have earned through SurveyMini, such as reward fulfillment, or sweepstakes you have entered.
  • Legal Compliance. We may also share the information that we collect from you, as needed, to enforce our rights, protect our property or protect the rights, property or safety of others, or as needed to support external auditing, compliance and corporate governance functions. We will always disclose Personal Information as we deem necessary to respond to a subpoena, regulation, binding order of a data protection authority, legal process, governmental request or other legal or regulatory process; in each case, this may be an entity outside your country of residence. We may also share Personal Information as required to pursue available remedies or limit damages we may sustain.
  • Corporate Changes. We may transfer information about you, including your Personal Information, in connection with a merger, sale, acquisition or other change of ownership or control by or of SMG or any affiliated company (in each case whether in whole or in part). When one of these events occurs, we will use reasonable efforts to notify you before your information becomes subject to different privacy and security policies and practices.
  • Other Business Purposes. We also use your Personal Information for other legitimate business purposes, such as, product development and administration of SurveyMini.
5. YOUR CHOICES ABOUT INFORMATION COLLECTION

You may discontinue participating in Surveys at any time by no longer accessing SurveyMini. You can discontinue any SurveyMini data collection by deleting the application from your mobile device. If you do this, we will no longer collect information from your device (or send you Surveys), but we will retain your Personal Information in our records for as long as is necessary for the purposes for which it is collected. When this standard is met, we will securely delete all account information except for what is needed to comply with our legal obligations.

If you turn off location-based services on your mobile device(s), we will not capture any location information. However, SurveyMini will cease to function properly, since Surveys are delivered through SurveyMini based on your particular location or proximity to a shopping, entertainment or dining establishment.

If you wish to have us delete your Personal Information, please contact us at privacy@surveymini.com and we will assist you with that request.

6. MANAGING YOUR ACCOUNT INFORMATION

You can visit the account section of SurveyMini to view your account information. If you have any questions about how to access, update or correct your Personal Information, please contact us at privacy@surveymini.com.

7. CHILDREN’S PRIVACY

SurveyMini is not intended for use by children. If you are under the age of 18 you may not use SurveyMini.

8. LINKS TO THIRD PARTY SERVICES

SurveyMini may contain links to third-party websites and services (“Third Party Services”) with which SMG has no affiliation. A link to any Third Party Service does not mean that we endorse it or the quality or accuracy of information presented on it. If you decide to visit a Third Party Service, you are subject to its privacy practices and not this Privacy Policy.

9. INFORMATION PROTECTION

SMG has an information security program that incorporates administrative, physical and technical controls intended to help protect your Personal Information.

No system or online transmission of data is 100% secure and SMG expects that you will use appropriate security measures to protect your Personal Information. If you believe that your SMG account or any information you provided to us is no longer secure, please notify us immediately through the Contact Us information provided below.

10. INFORMATION FOR CALIFORNIA RESIDENTS

A business subject to California Civil Code section 1798.83 is required to disclose to its California customers, upon request, the identity of any third parties to whom the business has disclosed Personal Information within the previous calendar year, along with the type of Personal Information disclosed, for the third parties' direct marketing purposes. If you are a California resident and would like to make such a request, please submit your request in writing to Service Management Group, Inc., 1737 McGee Street, Kansas City, MO 64108, or by email to privacy@surveymini.com. Please note that, under California law, businesses are only required to respond to a customer request once during any calendar year.

Under California Civil Code Section 1789.3, we are required to provide California residents with the following specific consumer rights information:

i. SurveyMini is owned and/or operated by Service Management Group, Inc., 1737 McGee Street, Kansas City, MO 64108.

ii. Unless otherwise expressly stated, SurveyMini is provided without charge.

iii. To file a complaint regarding SurveyMini or to receive further information regarding use of SurveyMini, please send a letter to Service Management Group, Inc., 1737 McGee Street, Kansas City, MO 64108 or contact us via email at privacy@surveymini.com (with “California Resident Request” as the Subject Line). You also may contact the Complaint Assistance Unit of the Division of Consumer Services of California’s Department of Consumer Affairs in writing at 400 R Street, Suite 1080, Sacramento, California 95814 or by telephone at 916.445.1254 or 800.952.5210.

11. GEOGRAPHIC CONSIDERATIONS

SMG controls and operates SurveyMini from the United States of America. This Privacy Policy is governed by the laws of the United States and the State of Missouri, which may differ from the laws in your place of residence. By submitting information to us (or our agents) through SurveyMini, you consent to its transfer to any country and its use and disclosure in accordance with applicable U.S. federal and State laws and with this Privacy Policy.

If SMG collects your Personal Information (defined below) in the European Union, SMG may transfer such information to countries outside the European Economic Area, including the United States. By submitting your Personal Information to us, you consent to the transfer of your Personal Information in this way. Any and all such transfers of Personal Information outside the European Economic Area shall be in accordance with this Privacy Policy and all applicable laws.

This English-language Privacy Policy is SMG’s official statement of its privacy practices relating to SurveyMini. In case of any inconsistency between this English-language Privacy Policy and any translation into another language, this English-language document prevails.

12. SAFE HARBOR POLICY

We comply with the U.S.-EU Safe Harbor Framework and the U.S.-Swiss Safe Harbor Framework as set forth by the U.S. Department of Commerce regarding the collection, use, and retention of personal information from European Union member countries and Switzerland. We have certified that we adhere to the Safe Harbor Privacy Principles of notice, choice, onward transfer, security, data integrity, access, and enforcement. To learn more about the Safe Harbor program, and to view our certification, please visit http://www.export.gov/safeharbor/.

We are committed to working with you to resolve any complaints you may have regarding this Privacy Policy or the treatment of your Personal Information. If you have a concern, please contact privacy@surveymini.com and your communication will be promptly addressed. In addition, if you are a resident of the EEA or Switzerland and you feel that we have not resolved your concerns, we have retained the U.S. Better Business Bureau (BBB) EU Safe Harbor Program to provide you with free privacy dispute resolution services for eligible complaints. Please visit this site for more information on the BBB’s Program and instructions for how to avail yourself of those services.

If you are a resident of the EEA or Switzerland and you feel that we have not resolved your concerns as described above, you have the right to bring your concern to your local data protection authority (DPA) authorized to receive such complaints. We will cooperate with any appropriately authorized DPA in the investigation and resolution of complaints brought under the Safe Harbor and will comply with the lawful advice of such DPA.

13. HOW TO CONTACT US

If you have any questions about privacy, or need assistance with accessing or updating any of your Personal Information, please contact us at privacy@surveymini.com.

You can also write to us at:

Service Management Group, Inc.
Attn: Privacy Officer
1737 McGee Street
Kansas City, MO 64108

Service Management Group, Limited
Attn: Privacy Officer
Abbey View, 38-40 The Maltings
St Albans, Hertfordshire AL1 3HL