Effective Date: August 6, 2018
We’ve developed this Privacy to describe (1) how we collect, use, transfer, and store information of individuals who participate in research or visit the Sites (“you,” “your,” or “Respondent”); (2) your choices regarding your information; and (3) how we ensure your privacy.
At American Decisions, we are firmly committed to market research best practices, and are serious about your privacy. If you participate in research as a Respondent, unless you give us your express consent, we will not use your information for sales or marketing purposes, or for any other non-research purpose.
By using the Sites and/or the Services, you consent to the terms of this Policy, which forms a binding agreement between you and American Decisions. If you do not agree with this Policy, do not use the Sites or the Services. Continued use of the Services and the Sites constitutes your freely given, specific, and informed consent and agreement to the collection and use of your personal information.
If we make any material changes, we will notify you either by way of an email or by a notice on the Sites. We will use information in accordance with the Policy as it was in effect at the time information was collected.
Collection of Personal Information
As used in this Policy, “personal information” mean any information relating to an individual that can be used to identify that individual either on its own or in combination with other readily available data.
You can visit most of our Sites without submitting personal information to us. However, when you visit the Sites, we may automatically collect general technical user data, such as your device’s Internet Protocol (“IP”) address, operating system and browser type, and the date and time of your visit. If you visit the Sites on a mobile device and your device is configured to allow it, we may also, in limited circumstances, collect geolocation information.
Information You Actively Submit
In order to engage with us beyond simply surfing the Sites (inquiring about our Services, for example, responding to surveys, or subscribing to email updates, newsletters, or other communications), you may be required to provide contact information such as your name, email address, mailing address, company affiliation, and/or other demographic information, such as home ownership, education, and salary. In each case, you know what information we collect, because you will actively submit the information.
Information We Receive from Third Parties
We may also receive information, including personal information, from third parties who have previously collected such information from you. We do not receive or use such information (to invite you to participate in research, for example) unless we believe we have the legal right to do so.
Information Collected on Behalf of Clients
For certain Services, we collect and process information about individuals at our clients’ direction (“Client Data”). We are not responsible for how our Clients treat the information we collect on their behalf, and we recommend you review their privacy policies. For information collected on behalf of clients for efforts unrelated to market research, we or our clients may use your information for sales or marketing if you provide us your express consent. For information collected for market research purposes, information will never be used for sales or marketing purposes.
We may collect employee contact names, addresses, phone numbers, and email addresses of our business partners, including suppliers and vendors, for the administration of our business relationships with Clients. If you feel that your personal information is being collected inappropriately, please notify us at firstname.lastname@example.org.
Do Not Track
If you interact with us on social media, by clicking a Facebook “like” button, or by liking our Facebook page or following us on LinkedIn, for example, we will have basic information about you available on those social media platforms. That and other of your information is subject to those platforms’ privacy policies, and we encourage you to review such policies.
Text Messages and Phone Calls
When you participate in research, we may request your phone number. If you give us or one of our Clients your phone number, we and our service providers may, from time to time, call or text you on your cell phone using predictive dialers and/or automatic telephone dialing systems or place pre-recorded phone calls to you for market research surveys, to provide reminders, or to offer you additional survey opportunities. By giving us or one of our Clients your phone number, you consent to these practices.
You can opt out of receiving text messages by texting “STOP” in response to any text message you receive from us, and you can opt out of phone calls by requesting an opt-out during any call. You may also opt out of text messages or phone calls by contacting us as described in the “Your Choices” section below.
Use of Your Personal Information
Use of Respondent Information
If you come to our Sites to take surveys, we use the demographic information you provide to make your survey answers more meaningful to us and our Clients. If you provide us with your name and contact information, we may use this information to answer requests from you, and to invite you to participate in additional research.
Unless you give us your express consent to do so, we will never sell your personal information or use personal information collected in our research for sales or marketing purposes. We follow the Insights Association Code of Standards and Ethics For Market Research and Data Analytics . https://www.insightsassociation.org/insights-association-code-standards-and-ethics-market-research-and-data-analytics.
Use of Client Information
If you are a Client, we may use your information to communicate with you regarding any Services we are providing to you, and to inform you about additions to our Services, unless and until you opt out of such communications.
We also use your information to operate, evaluate, and improve our business, including for such purposes as developing new products and services, managing our communications, and analyzing our Services.
A cookie is a small amount of data generated by a website and saved by your web browser. Its purpose is to remember information about you, similar to a preference file created by a software application. Cookies may be either “persistent” cookies or “session” cookies: a persistent cookie will be stored by a web browser and will remain valid until its set expiry date, unless deleted by the user before the expiry date; a session cookie, on the other hand, will expire at the end of the user session, when the web browser is closed.
Cookies do not typically contain any information that personally identifies a user, but personal information that we store about you may be linked to the information stored in and obtained from cookies.
- To identify you when you visit our Sites
- To determine if you are logged into our Sites
- To store information about your preferences and to personalize the Sites for you
- To protect user accounts, including preventing fraudulent use of login credentials, and to protect our Sites and Services generally
- To help us analyze the use and performance of our Sites and Services
Your Choices Regarding Cookies
Most browsers allow you to refuse to accept cookies and to delete cookies. The methods for doing so vary from browser to browser, and from version to version. Please note that blocking all cookies will have a negative impact upon the usability of many websites. If you block cookies, you will not be able to use all the features on our Sites.
Information Accuracy & Retention
We make efforts to ensure that personal information we receive or maintain is accurate and complete, but we rely on the accuracy of the information provided directly to us.
To determine the appropriate retention period for information, we consider the amount, nature, and sensitivity of the information, the potential risk of harm from unauthorized use or disclosure of your information, the purposes for which we process your information and whether we can achieve those purposes through other means, and the applicable legal requirements.
As a general matter, we do not keep data for more than seven (7) years. But we reserve the right to retain personal information for any period required by law, or to comply with our legal obligations, resolve disputes, and enforce our agreements.
Sharing of Information with Third Parties
We will not share information associated with your name, except in the following circumstances:
- With our Clients, but only for research purposes
- With your consent
- With service providers who help deliver our Services, subject to confidentiality agreements
- As required by law
- To protect you, our business, or third parties from harm
- In a reorganization or sale of our assets, subject to the acquirer accepting the commitments made in this Policy, in compliance with applicable law, and subject to the acquirer’s commitment not to use Respondent information for anything other than research purposes.
Additionally, we may share information that is not associated with your name with our Clients for purposes of providing the Services, for example by providing your survey responses, plus demographic information about you, without your name. We do not share your information with any third parties for marketing purposes.
If you are visiting the Sites or participating in one of our research studies from a country other than the U.S., your communications with us will result in the transfer of information across international boundaries. By visiting the Sites and communicating with us, you consent to such cross-border transfers.
Protection of Personal Information
American Decisions uses reasonable security measures to prevent loss, misuse, and alteration of information under our control. However, we cannot guarantee the security of information on or transmitted via the Internet. We rely on various security procedures and systems to ensure the secure storage and transmission of data, including encryption and authentication technology, restricted access, and physical site security to effect secure transmission and storage of personal information.
If we learn of a security breach, we may attempt to notify you electronically so that you can take appropriate protective steps, by posting a notice on the Sites and/or sending an email to you at an email address you have previously provided to us.
You have the right to opt out of communications from American Decisions, to exercise choice in how your information is used, and to access, correct, amend, or request deletion of the personal information we hold about you, except where the burden or expense of providing such access would be disproportionate to the risks to your privacy, or where the rights of third parties would be violated.
To exercise your right to make such choices, please contact us at email@example.com or at the address below.
Attn: Chief Privacy Officer
15 South Grady Way, Suite 620
Renton, WA 98057
To protect your privacy and security, American Decisions may also take reasonable steps to verify your identity before making corrections to or deleting your information. We will respond to your request for access to modify or delete your information within a reasonable timeframe.
In certain cases, deleting or limiting the use and disclosure of your personal information may impact the functionality or prevent the use of the Sites or the Services.
You can opt out of receiving promotional e-mails from us at any time by following the instructions as provided in the e-mails, clicking on the unsubscribe link, or e-mailing us as described above. Please note that you cannot opt out of non-promotional e-mails, such as those about your account, transactions, servicing, or ongoing business relations with American Decisions.
Individuals in the EU
We will not process any personal information of individuals in the European Union (“EU”) collected by us or received from a third party unless we have a legal basis for doing so as prescribed by the General Data Protection Regulation (“GDPR”).
In most cases, we process personal information because you have given us your consent to do so. We may also process personal information as necessary to comply with our legal obligations, to protect your vital interests or the vital interests of another person, or for the purposes of pursuing our legitimate business interests, except where such interests are overridden by your interests or fundamental rights and freedoms.
When transferring the personal information of EU data subjects out of the EU, we also enter into data protection agreements that comply with EU privacy laws and regulations, as appropriate.
Aside from the dispute resolution mechanisms discussed below, you also have the right lodge a complaint with the relevant EU supervisory authority.
The Sites and the Services are not intended for, and we do not knowingly collect information from, individuals under the age of 13. If we discover that we have unintentionally done so, we will promptly delete such information.
Your California Privacy Rights
California’s “Shine the Light” law, Civil Code section 1798.83, requires certain businesses to respond to requests from California customers asking about the disclosure of personal information to third parties for the third parties’ direct marketing purposes. If you are a California resident and wish to obtain information about our compliance with this law, please contact us as set forth in the “Your Choices” section above. Requests must include “California Privacy Rights Request” in the first line of the description and include your name, street address, city, state, and ZIP code. Please note that we are not required to respond to requests made by means other than the e-mail address or mailing address provided herein. For the avoidance of doubt, the “Shine the Light” law only applies to the direct marketing activities of American Decisions.
All disputes arising under this Policy shall be governed by and interpreted in accordance with the laws of Washington, without regard to principles of conflict of laws. The parties to this Policy will submit all disputes arising under this agreement to arbitration in Seattle, Washington, before a single JAMS arbitrator.
The arbitrator shall be selected by application of the rules of JAMS, or by mutual agreement of the parties. No party to this Policy will challenge the jurisdiction or venue provisions as provided in this section. Nothing contained herein shall prevent the party from obtaining an injunction.
Class Action Waiver
Any arbitration or court trial, related to any claim under this Policy, whether before a judge or jury or pursuant to judicial reference, will take place on an individual basis, without resort to any form of class or representative action (“Class Action Waiver”). THIS CLASS ACTION WAIVER PRECLUDES ANY PARTY FROM PARTICIPATING IN OR BEING REPRESENTED IN ANY CLASS OR REPRESENTATIVE ACTION REGARDING A CLAIM UNDER THIS POLICY. Regardless of anything else herein, the validity and effect of the Class Action Waiver may be determined only by a court and not by an arbitrator.
We reserve the right to modify this Policy at any time. If we decide to change our Policy, we will prominently post those changes here and any other place we deem appropriate, so you are always aware of what information we collect, how we use it, and under what circumstances, if any, we disclose it.