Privacy Policy

Privacy Notice

Last Updated November 29, 2018

OVERVIEW

FeedGap, LLC ("FeedGap", "we" or "us") respect your privacy. This privacy notice ("Notice") explains who we are, how we collect, use and share personal information about you, and how you can exercise your privacy rights. This Notice covers the personal information we collect: (1) about our Users and Respondents through the FeedGap survey products, applications and services (see Section 2); and (ii) through our Websites and in the usual course of our business, including in connection with our events, recruitment, sales and marketing activities (see Section 3).

1. THE BASICS

1.1 About Us

FeedGap is a company headquartered in Chicago in the United States. We provide survey software products and services that allow our Customers and their Users (the creators of the surveys) to build and send out surveys to Respondents and collect their Response Data.

1.2 Key Terms

In this Notice, these expressions have the following means:

"Customer" means the entity to whom we have contracted to provide the Services, which if you are a User, generally refers to the entity of which you are an employee, contractor, member or other participant.

"Respondent" means any survey taker.

"Respondent Data" means any information or other content provided, submitted or otherwise made accessible by a Respondent through the Services.

"Services" means the FeedGap survey software products and services, as more particularly described in and defined in our Terms of Service.

"User" means any individual who has registered to use and access the Services under the Customer account and who directly builds, sends, collaborates on and/or reviews surveys through the Services.

"Website" means any website we own and operate.

2. PRIVACY FOR FEEDGAP SERVICES

This section applies to personal information we collect and process through the Services – such as when you engage with us as a User or receive or participate in a FeedGap survey as a Respondent.

NOTE: Our Services are intended for use by our Customers. As a result, for much of the personal information we collect and process about our Customer, their Users and Respondents, we act as a processor on behalf of our Customers (the controller). FeedGap is not responsible for the privacy or security practices of our Customer's, which may differ from those set forth in this Notice. We require our Customers to comply with all applicable laws and regulations and to provide Respondents with notice of the collection of data as outlined in this Notice.

2.1 Information We Collect And Why

The personal information we collect about you broadly falls into the following categories:

USERS

(i) Information you provide to us: You may provide personal information to us through the Services – for example, when you sign up for a FeedGap account to access the Services, consult with our customer success or support teams, send us an email or communicate with us in any other way. We will usually let you know prior to collection whether the provision of personal information we are collecting is compulsory or may be provided on a voluntary basis and the consequences, if any, of not providing the information.

The information you provide to us, includes:

• Registration Information: You need a FeedGap account to use the Services as a User. When you register for an account, we ask you to provide contact information such your name, telephone number, job title, and organization name.

• Billing Information: If you purchase our Services, you may also need to provide us with payment and billing information such as your credit card details and billing address. We will also maintain a record of your purchases, transactional information, your Services history and usage, and any communications and responses.

Examples of how we use this information:

• To provide you with the Services.

• To identify who you are, including both authentication and authentication.

• To respond to your inquiries.

• Send you information as part of the Services (including information about our account),

• Send you marketing information (in accordance with your marketing preferences).

• To carry out our obligations and enforce our rights arising from any contracts entered into between you and us.

• To prevent potentially illegal activities.

• To screen for and prevent undesirable or abusive activity. For example, we have automated systems that screen content for phishing activities, spam, and fraud.

• To respond to legal requests or prevent fraud, we may need to disclose any information or data we hold about you. If we receive a subpoena or other legal request, we may need to inspect the data we hold to determine how to respond.

(ii) Information we collect automatically: When you use or participate in the Services, we automatically collect certain information about your device and use of the Services. We may use cookies and other tracking technologies to collect some of this information. Our use of cookies and other tracking technologies is discussed more below, and in more detail in our Cookie Notice.

The information we automatically collect through the Services includes:

• Device Information: We collect information from your device and applications you use to access our Services, such as your IP address, device attributes (for example: hardware model, operating system, web browser version, as well as unique device identifiers and characteristics), connection information (for example, name of your mobile operator or Internet Service Provider, browser type, language and time zone, and mobile phone number); and device locations (for example, internet protocol (IP) addresses and Wi-Fi information).

• Log data: Our web servers keep log files that record data each time a device accesses those servers and those log files contain data about the nature of each access, including originating IP addresses. We may also access metadata and other information associated with files that you upload into our Services, such as images.

• Information relating to your use of the Services: We collect usage data about whenever you interact with our Services, which may include the dates and times you access the Services, page views, which activities and features are used of our Services, crash logs, customer storage configuration settings, and technical data relating to devices accessing and using the Services and the performance of the Services in doing so.

Examples of how we use this information:

• To infer your geographic location based on your IP address.

• To improve our Services for you and all Users. For example, we collect information about the types of surveys you create (e.g. product surveys) to build a profile about you so as to help direct you to other relevant features and services we offer and help you in using our Services, for example by making recommendations for you to optimize use of our services.

• To monitor abuse and troubleshoot.

• To help us deliver a better and more personalized experience (for example, it enables us to customer our Services according to your interests).

• Conduct internal business analysis based on meta-data about usage, feature adoption and forecasting.

• To create new services, features, content or make recommendations.

• To track behavior at the aggregate/anonymous level to identify and understand trends in the various interactions with our services.

• To fix bugs and troubleshoot product functionality.

(iii) Information we obtain from third party sources: We may receive information about you from other sources, including publicly available databases or third parties (such as Google Analytics and Salesforce) from whom we have purchased data, and combine this data with information we already have about you. This helps us to update, expand and analyze our records and provide products and services that may be of interest to you. Examples of the types of personal information that may be obtained from public sources or purchased from third parties and combined with information we already have about you, may include name, employer, job title, email address, phone numbers, and other company, contact, and/or employment information.

Examples of how we use this information:

• Identify who you are, including both identification and authentication.

• Provide you with the Services.

• Provide you with information about your account, including renewals and changes in Services or your account status.

• Carry out our obligations and enforce our rights arising from any contracts entered into between you and us, including for billing and collection.

• Improve the Services.

• Provide you with customer support.

• Market other products and services that we offer to you (you may always opt out of any email communications at any time by clicking on the "unsubscribe" link at the bottom of every email communication). In addition, marketing data purchased from third parties may be combined with information we already have about you and may be used to create more tailored advertising and products.

• Conduct internal business analysis based on meta-data about usage, feature adoption, forecasting.

• Fulfill any other purpose for which you provide it

(iv) Information we process on behalf of our Customers: We process the following personal information you provide to us on behalf of your organization (our Customer):

• Respondent Contact Information: We allow you to import email addresses and other contact information about Respondents so that you can easily invite or allow us to invite such Respondents to take part in surveys being carried out through the Services via email. We don't use these contact details for our own purposes or email the Respondents except at your direction.

• Response Data: We store your data (surveys and Response Data) for you and provide analysis tools for you to use with respect to this data.

We only use and process this information to provide the Services in accordance with our Customer's instructions.

RESPONDENTS

(i) Information provided to us: We collect the following information about you under the direction of our Customers (and their Users):

• Contact Information: We may allow our Users to import email addresses and other contact information about Respondents (like you) so that they can easily invite or allow us to invite such Respondents to take part in surveys being carried out through the Services via email. We don't use these contact details for our own purposes or email you except at as directed by our Users.

• Response Data: If you respond to a FeedGap survey sent to you by a FeedGap User, then we will collect your Response Data.

Important Note: While FeedGap hosts surveys, our Users control how surveys are sent out and what is done with the information received. Response Data provided by you to our Users are owned and managed by the User. To understand how Users will use Response Data, you will need to contact the creator of the survey, the User who sent you the survey, directly. The use of information collected through our service shall be limited to the purpose of providing the service for which our customers have engaged FeedGap.

In addition, we may collect the following information:

(ii) Information we collect automatically: When you interact with the Services (for example receive, open or complete a survey sent through the Services), we automatically collect certain information about your device and interaction with the Services. We may use cookies and other tracking technologies to collect some of this information. Our use of cookies and other tracking technologies is discussed more below, and in more detail in our Cookie Statement.

The information we automatically collect through the Services may include:

• Information relating to your use of the Services: We collect usage data about you whenever you interact with our Services, which may include the dates and times you access the Services, page views, which activities and features are used of our Services (including which FeedGap surveys you complete), and technical data relating to devices accessing and using the Services and the performance of the Services in doing so.

• Information from page tags: Emails sent by or behalf of our Users through the Services include page tags (also known as web beacons) that allow the sender to collect information about who opened those emails and clicked on links in them.

Examples of how we use this information:

• To respond to an enquiry which you may submit to us. For example, our customer support team use your email address to communicate with you if you have contacted us about a survey received, but we will not send marketing to you unless you have otherwise opted-in to marketing.

• To ensure the full functionality of the Services and to monitor abuse

o For example, we use your IP address is used to ensure that you do not complete the same survey, form, application or questionnaire twice, for abuse monitoring purposes (so we can identify a User who abused the survey taking experience in a manner contrary to our usage policies or to facilitate the User in complying with their own legal obligations).

o We also collect information using cookies when you take a survey or interact with an email sent to you through the Services. These cookies are used to ensure that the full functionality of our Services is operational; to ensure the surveys operates appropriately and optimally. For example, we use page tags (also known as web beacons) to allow Users to measure the performance of email messaging and to learn how to improve email deliverability and open rates. We also use cookies to ensure you can only take a particular survey once and to track completion rates of surveys.

• To fix bugs and troubleshoot product functionality.

• To create new services, features, content or make recommendations.

• To track behavior at the aggregate/anonymous level to identify and understand trends in the various interactions with our Services and survey taking over time.

o For example, we collect information about the types of questions you answer. This data will be aggregated and anonymized so we can examine patterns in terms of Respondent preferences when submitting responses. We collect and use all this data for our legitimate interests like helping us improve the experience for Respondents (so that questions are easier to answer), to understand industry trends in and to help improve the completion rates of surveys sent through the Services.

• To infer your geographic location based on your IP address.

• To ensure that the service experience works well across all possible devices and to infer geographic location to produce aggregated data around Respondent location trends.

• To enforce our agreements where applicable.

• To prevent potentially illegal activities.

• To screen for and prevent undesirable or abusive activity. For example, we have automated systems that screen content for phishing activities, spam, and fraud.

• Legal uses. To respond to legal requests or prevent fraud, we may need to disclose any information or data we hold about you. If we receive a subpoena or other legal request, we may need to inspect the data we hold to determine how to respond.

2.2 How We Share Your Information

USERS

In the following limited situations, we may disclose information that we collect or that you provide to us:

• to our contractors, service providers and other third parties who provide data processing services to us and with whom the sharing of your personal information is necessary to undertake the work e.g. to process billing, to provide customer support and to deliver online and offline marketing communications that we think will interest you.

• as required by law, such as to comply with any court order, subpoena or other law or legal process, when we believe in good faith that disclosure is necessary to protect our rights, protect your safety or the safety of others, investigate fraud, or respond to a governmental or regulatory request.

• to enforce our rights arising from any contracts entered into between you and us and for billing and collection.

• to a buyer or other successor in the event of a merger, sale or transfer of some or all of FeedGap assets.

RESPONDENTS

In the following limited situations, we may disclose Respondent information to someone other than the User (the survey creator):

• to comply with any court order, law or legal process, including responding to a governmental or regulatory request.

• to a buyer or other successor in the event of a merger, sale or transfer of some or all of FeedGap assets.

2.3 Children

Our Services are not intended for and may not be used by minors. "Minors" are individuals under the age of 13 (of under a higher age if permitted by the laws of their residence). We do not knowingly collect personal information from Minors or allow them to register. If it comes to our attention that we have collected personal data from a Minor, we may delete this information without notice. If you have reason to believe that this has occurred, please contact customer support.

Customers are responsible for ensuring that their surveys comply fully with applicable children's data privacy protection legislation, such as the United States' Children’s Online Privacy Protection Act (“COPPA”), including where relevant by obtaining parental consent prior to the collection of personal information. We rely upon our Customers to disclose whether or not their app is subject to COPPA.

2.4 Legal basis for processing personal information (EEA End Users and Respondents only)

If you are an individual from the EEA, our legal basis for collecting and using personal information described above will depend on the personal information concerned and the specific context in which we collect it. However, we normally rely on our legitimate interest to collect personal information from you, except where such interests are overridden by your data protection interests or fundamental rights and freedoms. Where we rely on our legitimate interests to process your personal information, they include the interests described in the sections above headed "Information We Collect And Why".

In some cases, we may rely on our consent or have a legal obligation to collect personal information from you or may otherwise need the personal information to protect your vital interests or those of another person. If we rely on consent to collect and/or process your personal information, we will obtain such consent in compliance with applicable laws.

If you have questions about or need further information concerning the legal basis on which we collect and use your personal information, please contact us using the contact details provided under the “Contact Us” heading below.

2.5 Data Retention

We retain personal information we collect from you where we have an ongoing legitimate business need to do so (for example, to provide you with a service you have requested or to comply with applicable legal, tax or accounting requirements).

When we have no ongoing legitimate business need to process your personal information, we will either delete or anonymise it or, if this is not possible (for example, because your personal information has been stored in backup archives), then we will securely store your personal information and isolate it from any further processing until deletion is possible.

We will retain information we process on behalf of our Users for as long as needed to provide services to our Users and as necessary to comply with our legal obligations, resolve disputes and enforce our agreements. Users can delete their surveys or survey content at any time. Deleting such content may not immediately remove the content you have published from our systems, because of caching, backups, or other references to your account.

3. PRIVACY FOR OUR WEBSITES

This Section applies to personal information that we collect and process through our Websites and in the usual course of our business, such as in connection with our events, sales and marketing activities.

3.1 Information We Collect And Why

(i) Information you provide to us: Certain parts of our Websites may ask you to provide personal information voluntarily (such as your name, contact details and company name): for example when registering for an account, expressing an interest in obtaining additional information about FeedGap or our products and services, subscribing to marketing or otherwise contacting us, we collect personal information from you. We may also collect personal information, such as your contact and job details and feedback, when you attend our events, take part in surveys, or through other business or marketing interactions we may have with you. You may choose to provide additional information when you communicate with us or otherwise interact with us, and we will keep copies of any such communications for our records Examples of how we use this information:

• To respond to your requests or provide you with information requested by you.

• To send administrative or account related information to you.

• To provide you with marketing and promotional communications (where this is in accordance with the law and your marketing preferences)

• To comply with and enforce applicable legal requirements, agreements and policies.

• For other business purposes such as data analysis, identifying usage trends, determining the effectiveness of our marketing and to enhance, customize and improve our Websites, products and services.

(ii) Information we automatically collect: When you visit our Websites, FeedGap, like most website owners, we may also collect certain information automatically from your device, such as your device type, browser type, broad geographic location (e.g. country or city-level location), the referring website, what pages your device visited, and the time that your device visited our Website. In some countries, including countries in the European Economic Area, this information may be considered personal information under applicable data protection laws. We (including our vendors) may use cookies, pixel tags and other similar tracking technologies to collect this information. For more information on our use of cookies, including how to change your cookie preferences, please see our Cookies Notice. Examples of how we use this information:

• to administer our Website and for internal operations, including troubleshooting, data analysis, testing, research, statistical and survey purposes;

• to understand how our Website is used and to improve our Website to ensure that content is presented in the most effective manner for you and your computer;

• to provide advertising to you on third party sites, based on your browsing activities on the Website; and,

• as part of our efforts to keep our Website safe and secure.

(iii) Information we source from third parties: We may receive information you from other sources, including publicly available databases or third parties from whom we have purchased data, and combine this data with information we already have about you. This helps us to update, expand and analyze our records, identify new customers, and provide products and services that may be of interest to you. Examples of the types of personal information that may be obtained from public sources or purchased from third parties and combined with information we already have about you, may include name, employer, job title, email address, phone numbers, and other company, contact, and/or employment information.

3.2 Cookies and Similar Tracking Technologies

We (including our vendors) use cookies and similar tracking technology (collectively "Cookies") on our Websites to collect and use personal information about you to serve targeted advertising to you, analyse trends, administer the Website, track users' movements around the Website, and to gather demographic information about our user base as a whole. In addition, certain third parties, such as analytics companies, may use automatic information collection technologies to collect information about you when you use our Services. The information they collect may be associated with your personal information or they may collect information about your online activities over time and across different websites, apps and other online services websites. For further information about the types of Cookies we (including our vendors) use, why, and how you can control Cookies, please see our Cookie Notice.

3.3 How We Share Your Information?

In the following limited situations, we may disclose information that we collect or that you provide to us:

• to enforce our rights arising from any contracts entered into between you and us and for billing and collection.

• to a buyer or other successor in the event of a merger, sale or transfer of some or all of FeedGap assets.

3.4 Data Retention

When we have no ongoing legitimate business need to process your personal information, we will either delete or anonymize it or, if this is not possible (for example, because your personal information has been stored in backup archives), then we will securely store your personal information and isolate it from any further processing until deletion is possible.

4. GENERAL INFORMATION

4.1 Your data protection rights

You have the following data protection rights:

• You can access, review, change, update or delete your personal information at any time by contacting us go@FeedGap.com. Please note that we may impose a small fee for access and disclosure of your personal information where permitted under applicable law, which will be communicated to you. We do not charge you to update or remove your personal information.

• To remove your personal information from a Website testimonial or request removal of your personal information from our blog or community forum, contact us at go@FeedGap.com. In some cases, we may not be able to remove your personal information, in which case we will let you know if we are unable to do so and why.

• In addition, if you are a resident of the European Economic Area, you can object to processing of your personal information, ask us to restrict processing of your personal information or request portability of your personal information. To exercise these rights email go@FeedGap.com.

• You can opt out of receiving promotional emails from us by clicking the “unsubscribe” link in the email, by emailing go@FeedGap.com. If you choose to no longer receive marketing information, we may still communicate with you regarding such things as your security updates, product functionality, responses to service requests, or other transactional, non-marketing/administrative related purposes.

• If we have collected and process your personal information with your consent, then you can withdraw your consent at any time. Withdrawing your consent will not affect the lawfulness of any processing we conducted prior to your withdrawal, nor will it affect processing of your personal information conducted in reliance on lawful processing grounds other than consent.

• You have the right to complain to a data protection authority about our collection and use of your personal information. For more information, please contact your local data protection authority.

Please note that because most of the information we store can only identify a particular browser or device, and cannot identify you individually, you will need to provide us with some additional information to enable us to identify the personal information we hold about you and ensure that accurately fulfil your request. You may also be required to provide ID.

Further Information for Respondents: As described in this Notice, for much of the personal information we collect and process about you through the Services, we act as a processor on behalf of our Customers. In such cases, if you want to exercise any data protection rights that may be available to you under applicable law or have questions or concerns about how your personal information is handled by FeedGap as a processor on behalf of our Customers, you should contact the relevant Customer that has contracted with FeedGap for use of the Services, and refer to their separate privacy policies. If you are having difficulties finding this Customer, you can contact us through our support team and we will try our best to help you.

4.2 Legal basis for processing personal information (EEA only)

If you are resident in or a visitor from European Economic Area, our legal basis for collecting and using the personal information described above will depend on the personal information concerned and the specific context in which we collect it. In most cases we use personal information where the processing is in our legitimate business interests, or where we need it to perform a contract with you. In some cases, we may ask for your consent or have a legal obligation to collect personal information from you.

If we ask you to provide personal information to comply with a legal requirement or to enter into a contract with you, we will make this clear at the relevant time and advise you whether the provision information is mandatory or not (as well as of the possible consequences if you do not provide your personal information). Where we collect and use your personal information in reliance on our legitimate interests, our legitimate interests will generally include processing your personal information: (i) to understand how our visitors use, and how we may improve, our Website; (ii) for our marketing activities (in accordance with your marketing preferences); and (iii) measuring the effectiveness of our marketing and promotional campaigns.

If you have questions about or need further information concerning the legal basis on which we collect and use your personal information, including any legitimate interests relied upon, please contact us using the contact details provided under the “Contact Us” heading below.

4.3 Third-Party Websites and Apps

This Notice only applies to the FeedGap Site and Services. We are not responsible for the privacy practices or disclosures of third parties that use or access the FeedGap Site or Services. In addition, the Site or Service may contain links to third-party websites and apps. Any access to and use of such linked websites or apps is not governed by this Notice, but instead is governed by the privacy policies of those third parties. We are not responsible for the information practices of such third parties.

4.4 How do we keep your personal information secure?

We use appropriate technical and organizational security measures to protect any personal information we process against unauthorized access, disclosure, alteration, and destruction.

Unfortunately, nobody is truly and completely safe from hackers. Although we do our best to protect your personal information, we cannot guarantee security, no Internet transmission can ever be guaranteed 100% secure, and so we encourage you to take care when disclosing personal information online and to use readily available tools, such as Internet firewalls, secure e-mail and similar technologies to protect yourself online.

4.5 International Data Transfers

The Website and the Services are provided, supported, and hosted in the United States. If you are using the Website or Services from outside the United States, be aware that your information may be transferred to, stored, and processed by us in our facilities and by those third parties with whom we may share your personal information, in the United States and Finland. These countries may have data protection laws that are different to the laws of your country.

However, we have taken appropriate measures to require that your personal information will remain protected in accordance with this Notice and have implemented appropriate safeguards with our third-party service providers and partners. Further details can be provided upon request.

EU-U.S. and Swiss US Privacy Shield

FeedGap operates its business within the spirit of the EU-U.S. Privacy Shield Framework and the Swiss-U.S. Privacy Shield Framework. FeedGap is committed to subjecting all personal data received from European Union (EU) member countries and Switzerland, respectively, in reliance on each Privacy Shield Framework, to the Framework’s applicable Principles. To learn more about the Privacy Shield Framework, visit the U.S. Department of Commerce’s Privacy Shield website.

FeedGap is responsible for the processing of personal data it receives. FeedGap operates within the spirit of the Privacy Shield Principles for all onward transfers of personal data from the EU and Switzerland, including the onward transfer liability provisions.

With respect to personal data received or transferred pursuant to the Privacy Shield Frameworks, FeedGap is subject to the regulatory enforcement powers of the U.S. Federal Trade Commission. In certain situations, FeedGap may be required to disclose personal data in response to lawful requests by public authorities, including to meet national security or law enforcement requirements.

If you have an unresolved privacy or data use concern that we have not addressed satisfactorily, please contact the U.S.-based third-party dispute resolution provider (free of charge) at https://feedback-form.truste.com/watchdog/request.

Under certain conditions, more fully described on the Privacy Shield website, you may invoke binding arbitration when other dispute resolution procedures have been exhausted.

4.6 Changes to this Privacy Notice

We may revise this Notice from time to time in response to changing legal, technical or business developments. The most current version of this Notice will govern your use of your personal information. If we make any material changes to this Notice, we will post the updated version here and notify applicable Users by email or by means of a prominent notice on our Website. You can see when this Notice was last updated by checking the “last updated” date displayed at the top of this Notice. We will seek your consent to any material changes to this Notice if and where required by applicable law.

4.7 Contact Us

Thanks for taking the time to learn about our privacy policy. We hope it was clear and reassuring. If you have any questions, please contact us:

FeedGap

Address:

Email go@FeedGap.com

Important note: If you are resident in the EEA, the "data controller" of your personal information is FeedGap.