Privacy Policy

Last updated: December 30 2016  

 

This is the Privacy Policy of Upinion Global BV, Upinion Netherlands B.V., Upinion Inc. and Upinion UK Ltd. (hereinafter: ‘Upinion’). This Privacy Policy sets out how the personal data obtained by Upinion will be treated.

This Privacy Policy applies to all products, services, websites and mobile Apps (hereinafter: ‘Services’) offered by Upinion. All references within this Privacy Policy to ‘you/your’ refer to the person accessing, browsing and/or making use of our Services. All references within this Privacy Policy to ‘we/us/our’ refer to Upinion.

CHANGES

This Privacy Policy may be changed by Upinion. The most up-to-date version of our Privacy Policy can be found on our website: https://upinion.com. In the event of inconsistency or disputes concerning the interpretation of this Privacy Policy, the English version will prevail.

CONSENT

By using our Services, you consent to the collection and use of your personal data by us for the purposes outlined above and for any other purpose which is reasonably necessary for the provision or proper administration of our services in accordance with our Terms of Use.

SECURITY

We are committed to handle and store your personal information with integrity and care. For this reason we maintain technical and organizational security measures in order to guarantee your personal information is protected from loss, incorrect modifications and unauthorized third-party access. We ensure, to the greatest extent possible, that only authorized persons have access to your personal information and only to the extent that it is necessary in the scope of the aforementioned purposes. If you want what security measures we have taken you can check our Security Statement.

Data locations: Since our servers are located based in the European Union, your personal information will be stored hosted and processed by us in the European Union. Your personal information may also be processed in, or transferred or disclosed to, countries in which Upinion’s subsidiaries and offices are located and in which our service providers are located or have services. You can view the locations of our offices on our contact page.

HOW UPINION WORKS

Our Services offer you the opportunity to initiate Groups and invite people to join these Groups (‘Upinionators’). You will be able to start “Conversations” and ask questions, which may be answered by Upinionators. One person is allowed to be both a Group User and a Upinionator at the same time.

CATEGORIZATION

To make things easy we have categorized this Privacy Policy into two sections: one section applies to Group Users (“Asking questions”) and the other one to Upinionators (“Answering questions”). It is possible that you are both a Group User and a Upinionator. In this case both sections apply to you.

ASKING QUESTIONS

With our Services you will be able to create Groups (Group Administrator), invite people to join these Groups (Upinionators), ask them questions in Conversations, collect their answers/data, create your own Rewards and give certain users rights to view and/or edit Conversations (Group Users).

COLLECTION OF PERSONAL INFORMATION

Your account details: When you create a personal account you provide us with the following information: your name, company name, address, email address, (mobile) phone number, financial information (e.g. a credit card number and expiration date or a bank account number). If you provide us with a billing address, we will register this as the location of the account holder.

Your content: We collect the content and other information you provide when you use our Services, including the questions you ask, the given answers, group information, Reward information and contextual data (e.g. testimonials and feedback).

Device information: We collect personal information from or about the computers, phones or other devices where you install or access our Services. This information includes IP-addresses, the type of your (mobile) device, device locations, including specific geographic locations, time zones and durations of use.

Information from third-party partners: We may receive information about you from third parties when you gave them permission to do this. We also use a variety of services hosted by third parties that help us understand and improve the use of our Services. These services may collect (aggregated and anonymized) information and statistics about visitors and users. Upinion does not accept any responsibility or liability with regard to how these third parties deal with your personal data. For further information, please read the privacy policy of the party providing these services.

Additional information: We also collect additional information such as your default language, time zone and communication preferences (e.g. if you want to receive our newsletter).

USE OF PERSONAL DATA

We collect and use your personal information to provide you, and – on your behalf – the Group Users and Upinionators that are part of your Conversations, with the required services or information as stated in our Terms of Use. This includes customer support.

The answers within a certain Conversation are owned and managed by the Group Users. We consider that information as private to the Group Users, since we will not use the given answers ourselves or share this information with third parties. A Group User will be able to share a Conversation with other users. Group Users, who have access to a Conversation, can decide to share answers to certain questions with other Upinionators.

If you choose to link your Upinion account to a third-party account, we may ask your consent to collect certain (personal) information from those third parties in order to provide you with additional features, services, and personalized content.

We also use personal information for internal purposes such as monitoring Conversations, enforcing our Terms of Use, prevent undesirable, abusive or illegal activities, respond to legal requests and prevent harm, customer communications and improve our Services and features.

DISCLOSURE TO THIRD PARTIES

We do not disclose or sell your personal information to third parties, except in the limited circumstances described here:

Your consent: We may share or disclose your (personal) information with your expressed consent.

Service Providers: We engage certain trusted third parties (i.e. payment processors) to perform functions and provide services to us. We may share your personal information with these third parties, but only to the extent necessary to perform these functions and such services. These third parties will not use your personal information for any other purposes than what we agreed upon. We request those third parties explicitly to implement adequate levels of security in order to safeguard your personal information.

Law and harm: We may disclose your personal information if we believe that it is reasonably necessary to comply with a law, regulation or legal request.

Corporate objectives: We may disclose your personal information to protect our rights and property or in a corporate restructuring or acquisition context. When we intend to do this this you will be informed in advance.

NOTIFICATION AND CORRECTION

You are entitled to know which personal information Upinion holds in relation to you. If you wish to know which data we have registered about you or if you wish to change your data you can visit your My Account page.

Download/backup your Conversation data: It is possible to export, share and publish your own (Conversation) data in a variety of formats. This allows you to create your own backups or conduct offline data analysis.

RIGHT TO OBJECT

Delete your account: In order to stop us from collecting and using your personal data you can delete your account. Please contact our Customer Support team via support@upinion.com  to cancel and delete your account. Once your account has been deleted all your personal data will be deleted as well. As a result thereof all Conversation data is disconnected from your personal account.

We will respond to any appropriate request to delete your personal information within the time period specified by law (if applicable) or without excessive delay. Once your identity has been verified by us we will promptly fulfill requests to delete personal data; unless the request is technically not feasible or such data is required to be retained by law (in which case we will block access to such data).

Retention period: We generally retain your data for as long as you have an account with us, to comply with our legal obligations, resolve disputes and enforce our agreements. Data that has been deleted from our servers may remain temporarily as residual copies on offsite backup media in order to complete certain Conversations in a reliable manner, such as giving the Upinionators the Rewards they have earned.

ANSWERING QUESTIONS

With our Services you will be able to join Groups and answer questions in Conversations. These Conversations are initiated by Group Users in order to collect your answers for research and feedback purposes. Participating in Conversations is at your own discretion.

COLLECTION OF PERSONAL INFORMATION

Your account details: You will be able to use some features of our apps without registering. However, in order to use certain features within our apps we could ask you to register your account first. When this occurs we may ask for your email address, mobile phone number and in some cases your name.

Device information: We collect personal information from or about the computers, phones or other devices where you install or access our Services. This information includes IP-addresses, the type of your (mobile) device, device locations, including specific geographic locations, time zones and durations of use.

Your answers: We collect and store the answers you submit in the Conversations in our app. The Group User(s) is/are responsible for these data and the management thereof. If you have any questions about a Conversation we advise you to contact the Group User, since Upinion is not responsible for this content. Answering questions is on a voluntary basis. You can always choose not to answer, skip an answer, leave a group or delete our app.

Geographic Location (GPS): In certain cases you will be asked to share your geographic location with us. Before your geographic location is used or shared you will always be asked to give your consent.

USE OF PERSONAL INFORMATION

We collect and use your personal information to provide you with the required services or information as stated in our Terms of Use. This includes Customer Support.

We may also use personal information for internal purposes such as monitoring Conversations, enforcing our Terms of Use, prevent undesirable, abusive or illegal activities, respond to legal requests and prevent harm, customer communications and research to improve our Services and features.

We monitor, collect and use your geographic location to provide you with geographically focused Conversations and to maintain and improve our Services and apps. You can turn off the geographic location monitoring in your settings.

We collect your answers in Conversations on behalf of the Group Users. If you have any questions about a group, a Conversation or the use of your personal information and answers in these Conversations, we advise you to view the information on the specific Group Page in the mobile app or contact the Group Administrator directly. You can find the contact details in your Group Page.

SHARING PERSONAL INFORMATION

Sharing information with Group Users: A Group User may request access to some of your personal data. When this happens, you have two choices: either accept or deny this request. You can accept a request via the “Give access” page in the mobile app and give the Group User access to certain personal information. You may also choose to deny access to the requested personal information, which means you will not participate in this group (in case this request was made by a Group User) or redeem your points for vouchers (in case this request was made by a Reward Administrator).

We enable Group Users to have Conversations with you and collect your answers/data, making them the primary curator of Conversation data. Anything you expressly disclose in your Conversations will, naturally, be provided to them. Please see the Terms of Use to understand how Group Users need to handle your Conversation data and the ‘Asking Questions’ part of this Privacy Policy to whom Upinion may disclose your personal data. You may also contact the Group Users directly to understand how they might share your answers. You can find the contact details in your Group Page.

In case you granted access to your personal information via the “Give Access” page in the Mobile app, you will be able to revoke this decision in your “Settings” at any time. From this moment the Group Users will no longer have access to your personal information. In case you revoke access to your personal data we delete your personal details from our systems However, please note that Group Users may still possess your personal data, because they might have stored or exported your data (on a different device) before.

Sharing information in Conversations: You will only be able to see the answers of other Upinionators in a Conversation when a Group User has chosen to share answers with all Upinionators who are part of the Conversation. Other Upinionators are only able to see these answers and will not have access to other personal information.

In case a Group User asks you to provide certain personal information, we strongly advise you to think this through. If you decide to give this information nonetheless, this will be at your own risk. Please note that you will not have the option to revoke access to this information.

DISCLOSURE TO THIRD PARTIES

We do not disclose or sell your personal information to third parties, except in the limited circumstances mentioned under ‘Asking Questions’ in this privacy policy.

NOTIFICATION AND CORRECTION

You are entitled to know which personal information Upinion holds in relation to you. If you wish to know which data we have registered about you or if you wish to change your data, you can either do this yourself under ‘Settings’ or you can contact us via email support@upinion.com  and request a Personal Data Request Form. When our Customer Support team has provided this form to you, you need to fill this in, sign it and send it to support@upinion.com  accompanied by a copy of a valid form of identification.

We will respond to any appropriate request to access, correct or update your personal information within the time period specified by law (if applicable) or without excessive delay; unless the request is technically not feasible.

Change personal information. You can change or revoke access to your personal information in your ‘Settings’ on the mobile app. After you revoke access to your personal information in your settings Group Users stop having access to your personal information. However, Group Users could already have your personal information because of an existing or previous relationship with you or because they already saved or exported your personal information to another device.

RIGHT TO OBJECT

Delete app: In order to stop us from collecting and using your personal data you can delete our mobile app from your phone.

You can also object to the use of your personal data by contacting our Customer Support team and request for a Personal Data Deletion Form. When our Customer Support team has provided this form to you, you need to fill this in, sign it and send it to Customer Support accompanied by a copy of a valid form of identification.

We will respond to any appropriate request to delete your personal information within the time period specified by law (if applicable) or without excessive delay. Once your identity has been verified by us we will promptly fulfill requests to delete personal data; unless the request is technically not feasible or such data is required to be retained by law (in which case we will block access to such data).

COOKIES

Our website(s) make use of cookies. A cookie is a small text file that is sent together with a website page and stored via your browser on the hard drive of your computer, tablet or phone. Each cookie expires after a certain period of time depending on what we use it for.

You may be able to configure your web browser to prevent the use of cookies, although this may prevent you from using (certain parts) of our Services.

We use cookies for several reasons:

Site features and services: Cookies or similar technologies help you log in by pre-filling the username field or help store your preferences. For example, when you use the ‘Remember me’ feature when you sign into your account.

Security: We use cookies to authenticate your identity, such as confirming whether you are currently logged into Upinion.

Personalized content: With the use of cookies we may store user preferences, such as your default language, in order to personalize the content you see.

Measurements: We use cookies to provide you with the best experience possible. Certain cookies measure your usage of our Services and track referral data. We may occasionally display different versions of content to you in order to help us develop and improve our Services and optimize the content we display to our users.

Advertising: We make use of cookies to deliver personalized marketing content to you and analyze and evaluate products/services and the use of those products/services. For example, we may evaluate how often users click on certain advertisements and if those clicks lead users to make better use of our tools, features and services.

Google Analytics: We implemented certain Google Analytics features on our website that support Display Advertising, including re-targeting. You are able to opt-out of certain types of Google Analytics tracking by downloading the Google Analytics opt-out browser add-on. In addition, you can also customize the Google Display Network advertisements by using the Google Ad Preferences Manager.

ADDITIONAL INFORMATION FOR US AND SA USERS

ADDITIONAL INFORMATION FOR SOUTH AFRICAN USERS

We are committed to the principles for electronically collecting personal information recorded in the Electronic Communications and Transactions Act 25 of 2002 (“ECTA”). We are also committed to ensuring that consumer rights as recorded in the Consumer Protection Act 68 of 2008 are respected (“CPA”).

Insofar as any of our marketing strategies may be construed to amount to direct marketing as contemplated in the CPA you confirm that the ability to deregister or stop using the Services and excuse us from any adverse consequence contemplated by the CPA

ADDITIONAL INFORMATION FOR UNITED STATES USERS

In the US there are exceptions to the opt-out rule. For example, consumers cannot opt out when nonpublic personal information is shared with a nonaffiliated third party to respond to judicial process or to comply with federal, state, or local legal requirements.

SAFETY OF CHILDREN AND COPPA

Our Services are not intended for and may not permissibly be used by individuals under the age of 13. We do not knowingly collect personal data from persons under 13 or allow them to register. If it comes to our attention that we have collected personal data from such a person, we may delete this information without notice. If you have reason to believe that this has occurred, please send an email to support@upinion.com.

QUESTIONS

If you have any questions about this Privacy Policy you can contact us by sending an email to info@upinion.com.

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