SurveyMini®
Privacy Policy for SurveyMini
Effective Date:  May, 2018 

This Privacy Policy applies to SMG’s processing of Personal Data collected through the SurveyMini application, websites and services (“SurveyMini”), which is owned and/or operated by Service Management Group, Inc., Service Management Group Limited and their respective affiliates (collectively, “SMG,” “we” or “us”).  “Personal Data” is information relating to an identified or identifiable natural person. This Privacy Policy addresses how we collect and process your Personal Data.

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 which sets forth the terms governing your use of our websites, applications, services and mobile applications (“SurveyMini Services”) 

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. LEGAL GROUNDS FOR PROCESSING 
5. HOW WE USE, SHARE AND DISCLOSE INFORMATION 
6. RETENTION AND DISPOSAL OF PERSONAL DATA 
7. YOUR CHOICES ABOUT INFORMATION COLLECTION
8. MANAGING YOUR ACCOUNT INFORMATION
9. CHILDREN’S PRIVACY
10. LINKS TO THIRD PARTY SERVICES
11. INFORMATION SECURITY
12. NFORMATION FOR CALIFORNIA RESIDENTS 
13. GEOGRAPHIC CONSIDERATIONS AND CROSS BORDER TRANSFERS OF PERSONAL DATA
14. HOW TO CONTACT US
15. DATA CONTROLLER AND DATA PROTECTION OFFICER 

1. CHANGES TO THIS PRIVACY POLICY
We will update this Privacy Policy from time to time when we make changes impacting the Privacy Policy, such as adding new services and applications, improving our services, and addressing changes in technologies and laws.  The Effective Date of this Privacy Policy, which is set forth at the top of this document, reflects the date the Privacy Policy was last updated.  SMG will provide notice to you if these changes are material, and where required by applicable law, we will obtain your consent.  This notice will be provided by posting notice of the changes on our website or through our applications.

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 (4) information relating to your use of SMG Services (“Usage Data”)..  

“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. 

 Access SMG Services through Social Media Credentials: SMG may offer you the opportunity to use social networking services (collectively, “Social Media”) to access certain SMG Services.  When you choose to access SMG Services through Social Media login credentials, SMG may, depending on your privacy settings, have access to information that you have provided to the Social Media platform, such as your name, email address, profile photo, posts, comments and other information associated with your Social Media account.  We may use this information for any purposes described in this Privacy Policy and for any additional purposes of which you were advised at the time the information was collected.  If you do not want your Social Media information to be shared with SMG by a Social Media provider, you should not use your Social Media accounts to access SMG Services.
From our Clients: For some of our products and services, our Clients may send us information about your interactions with their brands, products and services, which may include information relating to any loyalty programs in which you are enrolled and receipts with detailed information about transactions with our Clients. We may combine this information with other information we collect to enhance the research we conduct and services we provide for our Clients.
From Your Usage of Our Services: We automatically collect Usage Data when you interact with SurveyMini and when SurveyMini is active on your mobile device. We also automatically collect Usage Data when you interact with the SMG Services through use of cookies and similar data collection tools.  To learn more about how and why we use cookies and similar data collection tools, see the “Cookie Policy” section of this Privacy Policy.

4. LEGAL GROUNDS FOR PROCESSING 


1.1. We process your contact data, demographic data, and responses on Surveys when you complete a Survey or use SMG Services.  We process such Personal Data based on SMG’s and our Clients legitimate interests in obtaining feedback from customers to help improve products and services for the benefit of consumers, and based on SMG’s legitimate interest in enhancing SMG’s products, services and market research and in responding to user’s requests for assistance or information. You may withdraw your consent by contacting our Data Protection Officer by email at privacyofficer@smg.com or by writing to Data Protection Officer, Service Management Group, LLC, 1737 McGee Street, Kansas City, MO 64108.

1.2. We process your Usage Data, which includes Personal Data, when you complete a Survey or use SMG Services.  We process Usage Data based on SMG’s legitimate interests, including maintaining the integrity of Surveys, facilitating communications between your device and our systems, fraud detection and prevention, and improvement and enhancement of SMG Services. You may withdraw your consent by contacting our Data Protection Officer by email at privacyofficer@smg.com or by writing to Data Protection Officer, Service Management Group, LLC, 1737 McGee Street, Kansas City, MO 64108.

1.3. We may also process information you have provided to Social Media platforms, depending on your privacy settings, when you use social networking services in conjunction with SMG services.  We process such information based on your consent, which you provide in your privacy settings to the social networking service.  You may withdraw your consent by changing your privacy settings to no longer allow us access to your Social Media data. 

1.4. We process information received from our Clients concerning your interactions with their brands, products and services.  We process such information based on SMG’s and SMG’s Clients’ legitimate interests, including improving and enhancing SMG’s and our Clients’ products and services and enhancing SMG’s market research.    




5. 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.  Where required by law, SMG will comply with your request that we cease providing personal data to third parties.  

 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 Trumpet Ratings, 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 backend 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 Any such entity to which we transfer Personal Data will be required to provide you with notice of any purposes of processing not compatible with the purposes set forth in this Privacy Policy, as well as any privacy practices that are materially different than the practices set forth in this Privacy Policy.  Where required by law, such entity also will be required to obtain your consent.
 Other Business Purposes.  We also use your Personal Information for other legitimate business purposes, such as, product development and administration of SurveyMini.

6.  RETENTION AND DISPOSAL OF PERSONAL DATA
We will retain your Personal Data in our records for no longer than is necessary for the purposes for which it was originally collected.  When such information is no longer needed for the purposes for which it was originally collected, we will securely delete all of your electronic Personal Data, and securely shred any hard copy Personal Data, except for what is needed to comply with our legal obligations.
 
7. 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.  

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. Although participation in SurveyMini is voluntary, you may not qualify for certain incentives, rewards, or benefits if you do turn off location based services on your mobile device.  
If you reside in a location with laws or regulations granting you rights to request specific actions relating to your Personal Data, you will have the specific rights granted to you by such law[s] or regulation[s], which may include the right to request access to and rectification (e.g., amendment or supplementation) or erasure of your Personal Data, the right to transfer your data (i.e., data portability), restriction of processing of your Personal Data, as well as the right to object to processing of your Personal Data, the right to withdraw your consent, the right to cancel your account, and the right to lodge a complaint with a supervisory authority.  All such requests will be handled in accordance with the parameters set forth in applicable laws and regulations.  
If you reside in the European Union, you have the right under the General Data Protection Regulation to request from SMG access to and rectification or erasure of your personal data, data portability, restriction of processing of your personal data, the right to object to processing of your personal data, the right to withdraw your consent, and the right to lodge a complaint with a supervisory authority. If you reside outside of the European Union, you also may have certain data subject rights under your local laws. 
To make such a request, contact our Data Protection Officer by email at privacyofficer@smg.com or by writing to Data Protection Officer, Service Management Group, LLC, 1737 McGee Street, Kansas City, MO 64108.

8. 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 privacyofficer@smg.com or by writing to Data Protection Officer, Service Management Group, LLC, 1737 McGee Street, Kansas City, MO 64108.  

9. CHILDREN’S PRIVACY 

SMG Services are intended for general audiences and are not directed to children who are under the age at which they may provide consent for the processing of their Personal Data in any jurisdiction where we operate. We do not knowingly collect Personal Data from such persons. If you become aware that a child under the age at which [s]he may legally provide consent to the processing of his/her Personal Data has provided us with Personal Data without parental consent, contact our Data Protection Officer by email at privacyofficer@smg.com or by writing to Data Protection Officer, Service Management Group, LLC, 1737 McGee Street, Kansas City, MO 64108.  If we become aware that a child under the age at which [s]he may provide consent to Personal Data processing in his or her jurisdiction has provided us with Personal Data without parental consent, we take steps to remove such information and terminate the child's account as soon as possible.  


10. 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. 

11. INFORMATION SECURITY

SMG has an information security program that implements technical, physical, and organizational measures designed to assist in maintaining the security and confidentiality of Personal Data; safeguarding against anticipated threats to the confidentiality, integrity and availability of Personal Data; and protecting your Personal Data against loss, misuse, unauthorized alteration or destruction, and unauthorized access or disclosure.  
However, whenever Personal Data is processed, there is a risk that such data could be lost, misused, modified, hacked, breached, and/or otherwise accessed by an unauthorized third party.  No system or online transmission of data is completely secure.  In addition to the technical, physical, and organizational measures that SMG has in place to protect your Personal Data, you should use appropriate security measures to protect your Personal Data.  If you believe that your SMG account or any information you provided to us is no longer secure, notify our Data Protection Officer immediately by email at privacyofficer@smg.com or by calling 1-800-764-0439 and asking to speak with SMG’s Data Protection Officer.

12.  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 privacyofficer@smg.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 privacyofficer@smg.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. 
13. GEOGRAPHIC CONSIDERATIONS AND CROSS-BORDER TRANSFERS OF PERSONAL DATA

SMG controls and operates SMG Services from the United States of America.  SMG may transfer, store and process your Personal Data in the United States, the United Kingdom, Japan, or another location in Asia or in the European Union.  Note that data protection and privacy laws of the country to which your Personal Data is transferred may not be as comprehensive as the laws in your country.  For example, Personal Data transferred to the United States may be subject to lawful access requests by federal and state authorities in the United States. 
Any transfers of Personal Data from the European Economic Area (“EEA”) to the United States are done pursuant to the EU-US Privacy Shield.  SMG participates in and complies with the EU-U.S. Privacy Shield principles regarding the collection, use, sharing, and retention of Personal Data from the EEA, as described in our EU-US Privacy Shield certification.  View the Privacy Shield list here.  Learn more about the Privacy Shield here.  SMG is subject to the oversight of the US Federal Trade Commission, and will remain responsible for processing of Personal Data in a manner inconsistent with the Privacy Shield Principles by third parties to which SMG has transferred personal data unless SMG proves it is not in any way responsible for the event giving rise to the damage.    Any and all such transfers of Personal Data outside the EEA shall be in accordance with this Privacy Policy and all applicable laws.  If you have a complaint about our Privacy Shield compliance, contact our Data Protection Officer by email at privacyofficer@smg.com or by writing to Data Protection Officer, Service Management Group, LLC, 1737 McGee Street, Kansas City, MO 64108. You can also refer a complaint, free of charge, to our chosen independent dispute resolution body, American Arbitration Association, and in certain circumstances, invoke the Privacy Shield arbitration process.
You can also refer a complaint, free of charge, to our chosen independent dispute resolution body, American Arbitration Association (http://go.adr.org/privacyshield.html), and in certain circumstances, invoke the Privacy Shield arbitration process.
This English-language Privacy Policy is SMG’s official statement of its privacy practices relating to SMG Services.  In case of any inconsistency between this English-language Privacy Policy and any translation into another language, this English-language document prevails.

14. HOW TO CONTACT US

If you have questions about privacy, need assistance with accessing or updating your Personal Data or have complaints relating to the processing of your Personal Data, contact our Data Protection Officer by email at privacyofficer@smg.com. 
You can also write to us at:
Service Management Group, LLC 
Attn: Data Protection Officer
1737 McGee Street 
Kansas City, MO 64108

Service Management Group, Ltd.
Attn:  Data Protection Officer
38-40 The Maltings
St Albans
Hertfordshire AL1 3HL 
UNITED KINGDOM


15. DATA CONTROLLER AND DATA PROTECTION OFFICER

Personal Data collected by SMG is controlled by Service Management Group, LLC, 1737 McGee Street, Kansas City, MO 64108.  You may contact our Data Protection Officer by email at privacyofficer@smg.com or by writing to Data Protection Officer, Service Management Group, LLC, 1737 McGee Street, Kansas City, MO 64108.