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INCITE FUSION PRIVACY POLICY
Updated as of January 2023
Incite Fusion and its affiliates is committed to protecting the privacy of our clients and research participants. We make our website, including this privacy policy, accessible to individuals with disabilities. If you are having trouble accessing the website or this privacy policy, please contact us. This privacy policy applies to all client and personal information that we collect or use in the course of conducting our business, as well as all client information and research participant data housed at any Incite Fusion facility or stored on the Incite Fusion network. Anyone who has access to such information or data must follow this privacy policy. This Privacy Policy constitutes a binding agreement between you and Incite Fusion. Your use of our website or our services, or your participation in research, constitutes your consent to the terms and conditions in this Privacy Policy.
Client Information
We treat all information we receive from clients as confidential and do not use the information for any purpose other than to fulfill our obligations to them. We keep client information secure at all times, and prevent the misuse and unauthorized disclosure of it by our employees or any third parties.
Research Participant Information
In order to provide our services to clients, we may employ the use of client contact lists which would contain personal information such as names, email addresses, phone numbers, and mailing addresses. On studies involving European citizens or other individuals covered by the General Data Protection Regulation (“GDPR”), client contact lists or other personal data will only be processed in accordance with the parameters described with more particularity in the “EU Respondents” section below.
All responses to our research are completely confidential. We collect data in our studies for research purposes only, and our use of that information will be limited to that purpose. Research participant answers will not be used by any entity as an aid for sales.
Research participation is voluntary, and sample members always have the opportunity to decline involvement or to “opt out” of the research after agreeing to participate.
Your Personal Information
As used in this privacy policy, the term “personal information” means information that identifies, relates to, describes, is capable of being associated with, or could reasonably be linked, directly or indirectly, with a particular individual or household. Even in the absence of a full name, certain pieces of information, such as demographic information, a mailing address or other location information, or even device ID’s or IP addresses, may be deemed personal information.
We may collect personal information for the purpose of conducting market research, as expressly stated and agreed to by you, and as otherwise provided in this privacy policy.
Sharing and Use of Personal Information
In order to provide services, we may share personal information about you with our clients or other collaboration partners, such as your contact information or certain combinations of anonymized or pseudonymized demographic and other information.
We may also disclose certain information for confidential use by our service providers, including without limitation log files, browser type, operating system, and other machine information.
We do not rent, sell or give personal information to any third party for the purpose of directly marketing any products or services. In some cases, we may need to share personal information with third parties that provide research services in support of the research project. Any third party that receives personal information is obligated to follow all of the same privacy protection regulations as followed by Incite Fusion.
At their request, we give research participants access to the personal information we have collected about them. We correct any information that is inaccurate or incomplete, change their consent status, or have their personal information deleted.
Otherwise we may use your personal information to maintain, monitor and improve our services; to maintain the safety and security of our services; and to prevent illegal or abusive conduct.
In addition to the sharing discussed above, we may also share your information in the following ways: (a) as reasonably necessary to comply with law or a legal process (including a court or government order or subpoena), to detect, prevent, or otherwise address fraud, security or technical issues, to enforce this privacy policy, and to protect the rights, property or safety of Incite Fusion, our users, and/or the public; (b) if we sell, transfer or otherwise share some or all of our business or assets, including your personal information, in connection with a corporate transaction such as a merger, consolidation, acquisition, reorganization or sale of assets or in the event of bankruptcy, in which case we will make reasonable efforts to require the recipient to honor this privacy policy; or (c) with your express consent.
Notice to California Residents
If you are a California resident, you also have the following special rights under the California Consumer Privacy Act (“CCPA”):
Your Right to “Know” and to Request Deletion
You have the right to know the categories and specific pieces of personal information we have collected about you.
You have the right to know the categories of sources from which the personal information has been collected, the business or commercial purpose for collecting or selling personal information, and the categories of third parties with whom we share personal information.
You have the right to request deletion of personal information we’ve collected or maintain.
To exercise these rights contact us at IT@incitefusion.com. We may ask you to provide additional information in order to verify who is making the request.
Please note that any requested disclosures will only apply to the 12-month period preceding the request, and you are entitled to request disclosure regarding your personal information twice in any 12-month period.
Your Right to Opt Out of the “Sale” of Your Information
CCPA defines the term “sell” broadly. Its meaning includes “renting, releasing, disclosing, disseminating, making available, [and] transferring…for monetary or other valuable consideration.” Under this definition, and the CCPA’s broad definition of “personal information,” some information we share with clients may constitute a “sale” under CCPA.
You have the right to opt out of this “sale” of your personal information. For more information on how to opt out, please contact us.
Personal Information “Disclosed”
You also have the right to know what categories of personal information we’ve disclosed for a business purpose, and the third parties to whom that information was “sold” or disclosed.
In the last 12 months we’ve disclosed the following categories of information to the following parties for a business purpose: (1) Respondent first names only, unique identifiers with our vendors (e.g., as required for secure database management, recruiting, and honoraria distribution); (2) Demographic data, such as age, sex, race/ethnicity, parental status, marital status, ZIP code, income and education levels, and commercial information, including products or services purchased, obtained, or considered, or other purchasing or consuming histories or tendencies, with our data collection partners; (3) Log files, browser type, operating system, and other device information with our third-party service providers; (4) Respondent photos, video, and audio with vendors (e.g., focus group facilities) and contractors (e.g., focus group moderators and videographers); and (5) business partner employee names, addresses, phone numbers, and email addresses with our third-party service providers.
Your Right to Non-Discrimination
You have the right not to receive discriminatory treatment by Incite Fusion for the exercise of the privacy rights conferred by the CCPA, including but not limited to by denying you services, charging different prices or rates, or providing you with a different level or quality of services. Please understand, however, that we are in the business of providing research and survey results to our clients, and any financial incentives we offer to facilitate that goal may be rewarded only if the applicable survey, research project or study is fully and properly completed by the respondent, in the sole discretion of Incite Fusion.
Your Right to Use an Authorized Agent
You have the right to designate an authorized agent to make a request under the CCPA on your behalf. To designate an authorized agent, please contact us as provided below. In order to verify you have authorized an agent we will require a signed, written authorization from you.
Verification Process
If you make a request to access or delete your information, or to opt out of the sale of your personal information, we may ask you for additional information to verify your identity. This information may include: your full name, birth date, phone number, email address, or other basic personal information about you that we already have on file.
Notice of Financial Incentive
Incite Fusion may offer opportunities for you to earn money and rewards by answering surveys or any other forms of research. Participation in these offerings may require you to provide personal information. For more information about how to opt in to these offerings, or about how to opt out once you have opted in, see the notices and official rules accompanying these incentives.
Cookies
A cookie is a small amount of data that is sent to your browser from a web server and stored on your computer’s hard drive. As part of offering and providing customizable and personalized services, we may use cookies to store and sometimes track information about you. Cookies which may be utilized by Incite Fusion are within the following four primary categories or uses:
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Business cookies which operate as a quality control and verification mechanism in connection with the survey process
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Performance cookies so that traffic patterns and uses on the website may be measured and optimized
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User cookies so that user information may be recorded so as to enhance performance and user experience on the website
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Targeting cookies that measure web-viewing for market research purposes
For more information about how to control what cookies are placed on your computer and to manage your browser’s opt outs, visit: http://optout.networkadvertising.org/
Children
We do not knowingly collect personal information under any circumstances from anyone under the age of thirteen (13), and if we become aware that we have inadvertently collected personal information from anyone under this age threshold, we will promptly delete such information.
Opt-Out Policy
If you wish to be removed from Incite Fusion email or phone contact lists, please complete our Do Not Contact form.
Information Security
We maintain all necessary physical, electronic and procedural security measures to help safeguard client data and personal information. All of our employees undergo security awareness at the time of hire and then annually thereafter. Third parties that provide us with support or services may also receive client data or personal information, and we require them to maintain security measures similar to ours with respect to such information. Nevertheless, the Internet cannot be guaranteed to be 100% secure, and we cannot ensure or warrant the security of any information you provide to us. If any information under our control is compromised, we will take reasonable steps to investigate the situation and, where appropriate, notify those individuals whose information may have been compromised, and also take other steps as necessary in accordance with any applicable laws and regulations.
Data Integrity
Incite Fusion will take reasonable steps to ensure the personal data is accurate, complete, current and relevant, and is used only as described in the “Data Retention” section below. While we accept responsibility for the management and confidentiality of the personal information collected, please note that we do not always have control over the accuracy of the information provided directly to us, and accept no responsibility for information’s accuracy in such cases.
Data Retention
In general, to determine the appropriate retention period for personal information, we consider the amount, nature, and sensitivity of the personal information, the potential risk of harm from unauthorized use or disclosure of your personal information, the purposes for which we process your personal information and whether we can achieve those purposes through other means, and the applicable legal requirements. We may also process data on behalf of third parties who have engaged us. We keep personal information processed on behalf of third parties for as long as needed to provide services to the third party in question. Notwithstanding anything above to the contrary, 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.
Third Parties
Our website may contain links to external websites, and areas where you can provide information to third parties. These are provided for your convenience only, and we do not have control over the content or privacy and security practices and policies of such third parties or third-party sites. Any personal information you provide in such areas, and on such linked pages, is provided directly to that third party and is subject to that third party’s privacy policy. Please learn about the privacy and security practices and policies of external websites and third-parties before providing them with personal information.
EU Respondents
Any data to be transferred for any reason is limited and for specified research purposes only. Any vendors or third parties working with or for Incite Fusion are contractually obligated to comply with Incite Fusion guidelines for confidentiality and data security, and in compliance with Insights Association requirements.
Incite Fusion strictly abides by Insights Association Code of Conduct. You can opt out of any and all participation at any time with no penalty or hesitation. Your participation is entirely voluntary. If you wish to be removed from Incite Fusion email or phone contact lists, please complete our Do Not Contact form. If there’s an opportunity to participate in a research activity that does not include surveys, and if this opportunity includes any sort of media or self-identification, you will always be asked for permission to participate in said activities prior to collection of data. You can continue participation in other research activities and choose not to participate in anything that identifies you in special research requests, with no penalty or hesitation. All participation is by permission only. You may discontinue your participation in research with Incite Fusion at any time. Any communication requesting participation by others in the household will be clearly communicated to the primary research participation, with no requirement for participation.
We will not process your personal data unless: (a) you have given your consent to our processing for a specific purpose; (b) processing is necessary for the performance of a contract with you or to comply with a legal obligation; or (c) processing is necessary for the purposes of the legitimate interests pursued by Incite Fusion or a third-party controller. In cases where the purpose of our processing is the “legitimate interest” purpose, we will also carefully balance those interests against your fundamental rights and freedoms related to your Information. Where processing is based on your consent, we will identify the processing purposes and provide you with relevant information to make the processing fair and transparent.
Although the Court of Justice of the European Union has recently invalidated the EU-U.S. Privacy Shield Framework as a legal means of transferring the personal data of EU data subjects, Incite Fusion, as a Data Processor/Importer to its clients who are Data Controllers/Exporters, is following the recommendation from the U.S. Department of Commerce advising companies to continue maintaining their Privacy Shield self-certification, as there is currently work being done to correct the program’s deficiencies with a revised agreement. In the meantime, Incite Fusion has separately entered into Data Processing Agreements with its clients that include Standard Contractual Clauses historically approved by the EU governing authorities as a means of adequately protecting the privacy of its citizens.
To learn more about the Privacy Shield program, please visit https://www.privacyshield.gov/.
In compliance with the Privacy Shield Principles, Incite Fusion commits to resolve complaints about our collection or use of your personal information. Individuals in the European Union (EU) with inquiries or complaints regarding our Privacy Shield policy should first contact Incite Fusion at IT@incitefusion.com.
Incite Fusion has further committed to cooperate with EU data protection authorities (DPAs) with regard to unresolved Privacy Shield complaints. If you do not receive timely acknowledgment of your complaint from us, or if we have not addressed your complaint to your satisfaction, please contact the EU DPAs for more information or to file a complaint. The services of EU DPAs are provided at no cost to you.
Incite Fusion may be required to disclose personal information in response to a lawful request by public authorities, including meeting national security or law enforcement requirements. Under certain limited conditions, individuals may invoke binding arbitration before the Privacy Shield Panel created by the U.S. Department of Commerce and the European Commission.
Do Not Track Signals
We do not monitor or follow “Do Not Track” (DNT) signals because there is no standard interpretation or practice for DNT signals. Therefore, we handle all user information consistent with this Privacy Policy. We will never use browsing activity information from our survey respondents or other website visitors to provide or offer third party advertising content. We will treat any “do not sell” or similar signals as opt-out requests under CCPA.
Compliance, Data Protection Officer
As members of the Insights Association and European Society of Opinion and Marketing Research (ESOMAR), we strive to model our policies according to those guidelines. As a company based in the United States, and being Privacy Shield certified, Incite Fusion is also subject to the investigatory and enforcement powers of the Federal Trade Commission (FTC). If you are concerned about our use of personal or client information, please contact us by email at IT@incitefusion.com.
Changes in the Privacy Policy
We reserve the right to modify this privacy 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. If we make any material changes, we will notify you either by way of an email or by a notice on our website. We will use information in accordance with the policy as it was in effect at the time information was collected.
Class Action Waiver
Any arbitration or court trial, whether before a judge or jury or pursuant to judicial reference, related to any claim under this privacy policy 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 PRIVACY 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. THIS CLASS ACTION WAIVER IS VOID WHERE LIMITED OR PROHIBITED BY LAW.
Legal Obligations
Under certain circumstances permitted or required by law (for example, in connection with law enforcement investigations), we may be required to disclose client data or personal information without giving notice.