Your privacy is important to us. It is SurveyMist's policy to respect your privacy and comply with any applicable law and regulation regarding any personal information we may collect about you, including across our website, https://www.surveymist.com/, and other sites we own and operate.
Personal information is any information about you that can be used to identify you. This includes information about you as a person (such as name, address, date of birth), devices, payment details, and even information about how you use a website or online service.
This policy is effective as of 12 August 2021.
Last updated: 12 August 2021
Information We Collect
Information we collect falls into one of two categories: “voluntarily provided” information and “automatically collected” information.
“ Voluntarily provided” information refers to any information you knowingly and actively provide us when using or participating in any of our services and promotions.
“ Automatically collected” information refers to any information automatically sent by your devices in the course of accessing our products and services.
When you visit our website, our servers may automatically log the standard data provided by your web browser. It may include your device’s Internet Protocol (IP) address, browser type and version, the pages you visit, the time and date of your visit, the time spent on each page, and other details about your visit.
Additionally, if you encounter certain errors while using the site, we may automatically collect data about the error and the circumstances surrounding its occurrence. This data may include technical details about your device, what you were trying to do when the error happened, and other technical information relating to the problem. You may or may not receive notice of such errors, even at the moment they occur, that they have occurred, or what the nature of the error is.
Please be aware that while this information may not be personally identifying by itself, it may be possible to combine it with other data to identify individual persons personally.
When you visit our website or interact with our services, we may automatically collect data about your device, such as:
Data we collect can depend on the individual settings of your device and software. We recommend checking the policies of your device manufacturer or software provider to learn what information they make available to us.
We may ask for personal information — for example, when you submit content to us or when you contact us — which may include one or more of the following:
We consider “user-generated content” to be materials (text, image, and/or video content) voluntarily supplied to us by our users for the purpose of publication on our website or re-publishing on our social media channels. All user-generated content is associated with the account or email address used to submit the materials.
Legitimate Reasons for Processing Your Personal Information
We only collect and use your personal information when we have a legitimate reason for doing so. In which instance, we only collect personal information that is reasonably necessary to provide our services to you.
Collection and Use of Information
We may collect personal information from you when you do any of the following on our website:
Register for an account
Sign up to receive updates from us via email or social media channels
Use a mobile device or web browser to access our content
Contact us via email, social media, or on any similar technologies
When you mention us on social media
We may collect, hold, use, and disclose information for the following purposes, and personal information will not be further processed in a manner that is incompatible with these purposes:
to provide you with our platform's core features and services
to contact and communicate with you
to enable you to access and use our website, associated applications, and associated social media platforms
for internal record keeping and administrative purposes
to comply with our legal obligations and resolve any disputes that we may have
We may combine voluntarily provided and automatically collected personal information with general information or research data we receive from other trusted sources. For example, Our marketing and market research activities may uncover data and insights, which we may combine with information about how visitors use our site to improve our site and your experience on it.
Security of Your Personal Information
When we collect and process personal information, and while we retain this information, we will protect it within commercially acceptable means to prevent loss and theft, as well as unauthorised access, disclosure, copying, use, or modification.
Although we will do our best to protect the personal information you provide to us, we advise that no method of electronic transmission or storage is 100% secure, and no one can guarantee absolute data security.
You are responsible for selecting any password and its overall security strength, ensuring the security of your own information within the bounds of our services. For example, ensuring any passwords associated with accessing your personal information and accounts are secure and confidential.
How Long We Keep Your Personal Information
However, if necessary, we may retain your personal information for our compliance with a legal, accounting, or reporting obligation or for archiving purposes in the public interest, scientific or historical research purposes or statistical purposes.
We do not aim any of our products or services directly at children under the age of 13, and we do not knowingly collect personal information about children under 13.
Disclosure of Personal Information to Third Parties
We may disclose personal information to:
a parent, subsidiary, or affiliate of our company
third-party service providers to enable them to provide their services, including (without limitation) IT service providers, data storage, hosting and server providers, error loggers, debt collectors, maintenance or problem-solving providers, marketing providers, professional advisors, and payment systems operators
our employees, contractors, and/or related entities
our existing or potential agents or business partners
credit reporting agencies, courts, tribunals, and regulatory authorities, in the event you fail to pay for goods or services we have provided to you
courts, tribunals, regulatory authorities, and law enforcement officers, as required by law, in connection with any actual or prospective legal proceedings, or to establish, exercise, or defend our legal rights
third parties, including agents or sub-contractors, who assist us in providing information, products, services, or direct marketing to you
third parties to collect and process data
an entity that buys, or to which we transfer all or substantially all of our assets and business
Third parties we currently use include:
Transactional Emails (Amazon SES)
All Other Emails (emailoctopus.com)
Error Reporting (sentry.io)
Helpdesk Exchange Server (GSuite Mail)
International Transfers of Personal Information
The personal information we collect is stored and/or processed in India, and United States, or where we or our partners, affiliates, and third-party providers maintain facilities.
Your Rights and Controlling Your Personal Information
Marketing permission: If you have previously agreed to us using your personal information for direct marketing purposes, you may change your mind at any time by contacting us using the details below.
Access: You may request details of the personal information that we hold about you.
Non-discrimination: We will not discriminate against you for exercising any of your rights over your personal information. Unless your personal information is required to provide you with a particular service or offer (for example, providing user support), we will not deny you goods or services and/or charge you different prices or rates for goods or services, including through granting discounts or other benefits, or imposing penalties, or provide you with a different level or quality of goods or services.
Notification of data breaches: We will comply with laws applicable to us in respect of any data breach.
Complaints: If you believe that we have breached a relevant data protection law and wish to make a complaint, please contact us using the details below and provide us with full details of the alleged breach. We will promptly investigate your complaint and respond to you in writing, setting out our investigation's outcome and the steps we will take to deal with your complaint. You also have the right to contact a regulatory body or data protection authority about your complaint.
We use “cookies” collect information about you and your activity across our site. A cookie is a small piece of data that our website stores on your computer and accesses each time you visit, so we can understand how you use our site. This helps us serve you content based on the preferences you have specified.
If we or our assets are acquired, or in the unlikely event that we go out of business or enter bankruptcy, we would include data, including your personal information, among the assets transferred to any parties who acquire us. You acknowledge that such transfers may occur and that any parties who acquire us may, to the extent permitted by applicable law, continue to use your personal information according to this policy, which they will be required to assume as it is the basis for any ownership or use rights we have over such information.
Limits of Our Policy
Our website may link to external sites that we do not operate. Please be aware that we have no control over those sites' content and policies and cannot accept responsibility or liability for their respective privacy practices.
Changes to This Policy
If the changes are significant, or if required by applicable law, we will contact you (based on your selected preferences for communications from us) and all our registered users with the new details and links to the updated or changed policy.
If required by law, we will get your permission or allow you to opt in to or opt-out of, as applicable, any new uses of your personal information.
Additional Disclosures for Australian Privacy Act Compliance (AU)
International Transfers of Personal Information
Where the disclosure of your personal information is solely subject to Australian privacy laws, you acknowledge that some third parties may not be regulated by the Privacy Act and the Australian Privacy Principles in the Privacy Act. You acknowledge that if any such third party engages in any act or practice that contravenes the Australian Privacy Principles, it would not be accountable under the Privacy Act. You will not be able to seek redress under the Privacy Act.
Additional Disclosures for General Data Protection Regulation (GDPR) Compliance (EU)
Data Controller / Data Processor
The GDPR distinguishes between organisations that process personal information for their own purposes (known as “ data controllers”) and organizations that process personal information on behalf of other organizations (known as “ data processors”). We, SurveyMist, located at the address provided in our Contact Us section, are a Data Controller concerning the personal information you provide to us.
Legal Bases for Processing Your Personal Information
We will only collect and use your personal information when we have a legal right to do so. In which case, we will collect and use your personal information lawfully, fairly, and in a transparent manner. If we seek your consent to process your personal information, and you are under 16 years of age, we will seek your parent or legal guardian’s consent to process your personal information for that specific purpose.
Our lawful bases depend on the services you use and how you use them. This means we only collect and use your information on the following grounds:
Consent From You
Performance of a Contract or Transaction
Where you have entered into a contract or transaction with us, or to take preparatory steps before we entered into a contract or transaction with you. For example, if you contact us with an enquiry, we may require personal information such as your name and contact details to respond.
Our Legitimate Interests
Where we assess it is necessary for our legitimate interests, such as for us to provide, operate, improve and communicate our services. We consider our legitimate interests to include research and development, understanding our audience, marketing and promoting our services, measures taken to operate our services efficiently, marketing analysis, and measures taken to protect our legal rights and interests.
Compliance with Law
International Transfers Outside of the European Economic Area (EEA)
We will ensure that any transfer of personal information from countries in the European Economic Area (EEA) to countries outside the EEA will be protected by appropriate safeguards, for example, by using standard data protection clauses approved by the European Commission or the use of binding corporate rules or other legally accepted means.
Your Rights and Controlling Your Personal Information
Restrict: You have the right to request that we restrict the processing of your personal information if (i) you are concerned about the accuracy of your personal information; (ii) you believe your personal information has been unlawfully processed; (iii) you need us to maintain the personal information solely for a legal claim; or (iv) we are in the process of considering your objection about processing based on legitimate interests.
Objecting to processing: You have the right to object to the processing of your personal information that is based on your legitimate interests or public interest. If this is done, we must provide compelling legitimate grounds for the processing that overrides your interests, rights, and freedoms to proceed with the processing of your personal information.
Data portability: You may have the right to request a copy of the personal information we hold about you. Where possible, we will provide this information in CSV format or other easily readable machine formats. You may also have the right to request that we transfer this personal information to a third party.
Deletion: You may have a right to request that we delete the personal information we hold about you at any time, and we will take reasonable steps to delete your personal information from our current records. If you ask us to delete your personal information, we will let you know how the deletion affects your use of our website or products and services. There may be exceptions to this right for specific legal reasons, which, if applicable, we will set out for you in response to your request. If you terminate or delete your account, we will delete your personal information within 10 days of your account's deletion. Please be aware that search engines and similar third parties may still retain copies of your personal information that has been made public at least once, like certain profile information and public comments, even after you have deleted the information from our services or deactivated your account.
Additional Disclosures for California Compliance (US)
Under California Civil Code Section 1798.83, if you live in California and your business relationship with us is mainly for personal, family, or household purposes, you may ask us about the information we release to other organizations their marketing purposes.
Do Not Track
Some browsers have a “ Do Not Track” feature that lets you tell websites that you do not want to have your online activities tracked. At this time, we do not respond to browser “ Do Not Track” signals.
Cookies and Pixels
CCPA-permitted financial incentives
By your right to non-discrimination, we may offer you certain financial incentives permitted by the CCPA that can result in different prices, rates, or quality levels for the goods or services we provide.
Any CCPA-permitted financial incentive we offer will reasonably relate to the value of your personal information, and we will provide written terms that describe clearly the nature of such an offer. Participation in a financial incentive program requires your prior opt-in consent, which you may revoke at any time.
California Notice of Collection
For more information on the information we collect, including the sources we receive from, review the “ Information We Collect” section. We collect and use these categories of personal information for the business purposes described in the “ Collection and Use of Information” section, including providing and managing our Service.
Right to Know and Delete
If you are a California resident, you have the rights to delete your personal information we collected and know certain information about our data practices in the preceding 12 months. In particular, you have the right to request the following from us:
The categories of personal information we have collected about you;
The categories of sources from which the personal information was collected;
The categories of personal information about you we disclosed for a business purpose or sold;
The categories of third parties to whom the personal information was disclosed for a business purpose or sold;
The business or commercial purpose for collecting or selling the personal information; and
The specific pieces of personal information we have collected about you.
Shine the Light
If you are a California resident, in addition to the rights discussed above, you have the right to request information from us regarding how we share certain personal information as defined by California’s “ Shine the Light” with third parties and affiliates for their own direct marketing purposes.
For any questions or concerns regarding your privacy, you may contact us using the following details:
What is a cookie?
A cookie is a small piece of data that a website stores on your device when you visit. It typically contains information about the website itself, a unique identifier that allows the site to recognize your web browser when you return, additional data that serves the cookie’s purpose, and the lifespan of the cookie itself.
Cookies are used to enable certain features (e.g. logging in), track site usage (e.g. analytics), store your user settings (e.g. time zone, notification preferences), and personalize your content (e.g. advertising, language).
Cookies set by the website you are visiting are usually referred to as first-party cookies. They typically only track your activity on that particular site.
Cookies set by other sites and companies (i.e. third parties) are called third-party cookies. They can be used to track you on other websites that use the same third-party service.
Types of cookies and how we use them
Essential cookies are crucial to your experience of a website, enabling core features like user logins, account management, shopping carts, and payment processing.
We use essential cookies to enable certain functions on our website.
Performance cookies track how you use a website during your visit. Typically, this information is anonymous and aggregated, with information tracked across all site users. They help companies understand visitor usage patterns, identify and diagnose problems or errors their users may encounter, and make better strategic decisions in improving their audience’s overall website experience. These cookies may be set by the website you’re visiting (first-party) or by third-party services. They do not collect personal information about you.
We do not use this type of cookie on our site.
Functionality cookies are used to collect information about your device and any settings you may configure on the website you’re visiting (like language and time zone settings). With this information, websites can provide you with customized, enhanced, or optimized content and services. These cookies may be set by the website you’re visiting (first-party) or by third-party services.
We use functionality cookies for selected features on our site.
Targeting/advertising cookies help determine what promotional content is most relevant and appropriate to you and your interests. Websites may use them to deliver targeted advertising or limit the number of times you see an advertisement. This helps companies improve the effectiveness of their campaigns and the quality of content presented to you. These cookies may be set by the website you’re visiting (first-party) or by third-party services. Targeting/advertising cookies set by third-parties may be used to track you on other websites that use the same third-party service.
We do not use this type of cookie on our site.
Acceptable Use Policy
This acceptable use policy covers the products, services, and technologies (collectively referred to as the “ Products”) provided by SurveyMist under any ongoing agreement. It’s designed to protect us, our customers, and the general Internet community from unethical, irresponsible, and illegal activity.
SurveyMist customers found engaging in activities prohibited by this acceptable use policy can be liable for service suspension and account termination. In extreme cases, we may be legally obliged to report such customers to the relevant authorities.
This policy was last reviewed on 12 August 2021.
We provide our facilities with the assumption your use will be “ business as usual” as per our offer schedule. If your use is considered excessive, additional fees may be charged, or capacity may be restricted.
We are opposed to all forms of abuse, discrimination, rights infringement, and/or any action that harms or disadvantages any group, individual, or resource. We expect our customers and, where applicable, their users (“end-users”) to likewise engage our Products with similar intent.
We regard our customers as being responsible for their own actions as well as for the actions of anyone using our Products with the customer’s permission. This responsibility also applies to anyone using our Products on an unauthorized basis due to the customer’s failure to put in place reasonable security measures.
By accepting Products from us, our customers agree to ensure adherence to this policy on behalf of anyone using the Products as their end-users. Complaints regarding customers' actions or their end-users will be forwarded to the nominated contact for the account in question.
If a customer — or their end-user or anyone using our Products as a result of the customer — violates our acceptable use policy, we reserve the right to terminate any Products associated with the offending account or the account itself or take any remedial or preventative action we deem appropriate, without notice. To the extent permitted by law, no credit will be available for interruptions of service resulting from any violation of our acceptable use policy.
Copyright infringement and access to unauthorized material
Our Products must not be used to transmit, distribute or store any material in violation of any applicable law. This includes but isn’t limited to:
any material protected by copyright, trademark, trade secret, or other intellectual property right used without proper authorization, and
Any obscene material, defamatory, constitutes an illegal threat or violates export control laws.
The customer is solely responsible for all material they input, upload, disseminate, transmit, create or publish through or on our Products, and for obtaining legal permission to use any works included in such material.
SPAM and unauthorized message activity
Our Products must not be used to send unsolicited bulk or commercial messages in violation of the laws and regulations applicable to your jurisdiction (“spam”). This includes but isn’t limited to sending spam, soliciting customers from spam sent from other service providers, and collecting replies to spam sent from other service providers.
Our Products must not be used to run unconfirmed mailing lists or telephone number lists (“ messaging lists”). This includes but isn’t limited to subscribing email addresses or telephone numbers to any messaging list without the permission of the email address or telephone number owner and storing any email addresses or telephone numbers subscribed in this way. All messaging lists run on or hosted by our Products must be “ confirmed opt-in&rdquo. Verification of the address or telephone number owner’s express permission must be available for the messaging list's lifespan.
We prohibit the use of email lists, telephone number lists or databases purchased from third parties intended for spam or unconfirmed messaging list purposes on our Products.
This spam and unauthorized message activity policy applies to messages sent using our Products or messages sent from any network by the customer or any person on the customer’s behalf that directly or indirectly refer the recipient to a site hosted via our Products.
Unethical, exploitative, and malicious activity
Our Products must not be used for advertising, transmitting, or otherwise making available any software, program, product, or service designed to violate this acceptable use policy or the acceptable use policy of other service providers. This includes but isn’t limited to facilitating the means to send spam and the initiation of network sniffing, pinging, packet spoofing, flooding, mail-bombing, and denial-of-service attacks.
Our Products must not be used to access any account or electronic resource where the group or individual attempting to gain access does not own or is not authorized to access the resource (e.g. “hacking” “cracking” “phreaking” etc.).
Our Products must not be used intentionally or recklessly, introducing viruses or malicious code into our Products and systems.
Our Products must not be used for purposely engaging in activities designed to harass another group or individual. Our definition of harassment includes but is not limited to denial-of-service attacks, hate-speech, advocacy of racial or ethnic intolerance, and any activity intended to threaten, abuse, infringe upon the rights of, or discriminate against any group or individual.
Other activities considered unethical, exploitative, and malicious include:
Obtaining (or attempting to obtain) services from us with the intent to avoid payment;
Using our facilities to obtain (or attempt to obtain) services from another provider with the intent to avoid payment;
The unauthorized access, alteration, or destruction (or any attempt thereof) of any information about our customers or end-users, by any means or device;
Using our facilities to interfere with the use of our facilities and network by other customers or authorized individuals;
Publishing or transmitting any content of links that incite violence, depict a violent act, depict child pornography, or threaten anyone’s health and safety;
Any act or omission in violation of consumer protection laws and regulations;
Any violation of a person’s privacy.
Our Products may not be used by any person or entity, which is involved with or suspected of involvement in activities or causes relating to illegal gambling; terrorism; narcotics trafficking; arms trafficking or the proliferation, development, design, manufacture, production, stockpiling, or use of nuclear, chemical or biological weapons, weapons of mass destruction, or missiles; in each case including any affiliation with others whatsoever who support the above such activities or causes.
Unauthorized use of SurveyMist property
We prohibit the impersonation of SurveyMist, the representation of a significant business relationship with SurveyMist or ownership of any SurveyMist property (including our Products and brand) to fraudulently gain service, custom, patronage, or user trust.
About this policy
This policy outlines a non-exclusive list of activities and intent we deem unacceptable and incompatible with our brand.
We reserve the right to modify this policy at any time by publishing the revised version on our website. The revised version will be effective from the earlier of
the date the customer uses our Products after we publish the revised version on our website; or
30 days after we publish the revised version on our website.