Introduction

SoGoSurvey is Software as a Service (SaaS) based company that provides its clients tools to conduct two-way communication with their customers, employees, suppliers, and constituents. At SoGoSurvey, protecting the privacy of our clients, survey participants, and visitors is a core business principle. Like the postal service, we understand that the information we deliver belongs to our clients and their survey participants, not us.

Our practices stated in this Privacy Policy are applicable worldwide. SoGoSurvey is a global organization, with legal entities, business processes, management structures, and technical systems that cross borders. We may share information between SoGoSurvey entities and transfer it between our offices around the world. Some countries may provide less legal protection for personal information than the country in which the information was obtained. Even if a country does not have stringent requirements for protecting your privacy, we still handle information in the manner described here.

This Privacy Policy applies only to information collected by SoGoSurvey on our website at the URL https://www.sogosurvey.com/ (the “Site”), our SoGoSurvey service platform owned and operated by SoGoSurvey LLC (“SoGoSurvey”, “we”, “us”, “our”), and any other service or product provided by SoGoSurvey that explicitly specifies the applicability of this Privacy Policy (collectively, “Service(s)”). This Privacy Policy does not apply to data collected on third party websites, apps, or services, or the use of SoGoSurvey’s platform and services by third parties for collection of information, even if such third parties are SoGoSurvey’s partners and display SoGoSurvey branding on their websites, apps, or services. Data collected by third parties is subject to their own privacy policies and practices. This Privacy Policy describes how SoGoSurvey collects, receives, uses, stores, shares, discloses, transfers, and processes your personal information (collectively, “Process”, “Processed”, “Processing”), as well as your rights and choices in determining what we do with the information that we collect or hold about you. This Privacy Policy does not govern the Processing of non-personal or anonymized information by SoGoSurvey.

This Privacy Policy is a part of SoGoSurvey’s Terms of Service. If any word or phrase has been defined within the Terms of Service, but has not been defined within this Privacy Policy, that word/phrase shall have the meaning that has been assigned to it under the Terms of Service.

If you have questions or concerns regarding this Privacy Policy, please contact us at privacy@sogosurvey.com.

1. What Information does SoGoSurvey collect?

SoGoSurvey collects information about: (1) our customers (“Clients”); (2) the individuals who participate in, or are invited to participate in, any of our Clients’ surveys (“Survey Participants”); and (3) any visitor to our Site, apps, platforms, and Services, whether or not they are Clients, Survey Participants, or other visitors (collectively, “Visitors”). Collectively, the information collected about our Clients (“Client Information”), Survey Participants (“Participant Information”), and Visitors (“Visitor Information”) is referred to as “Information”.

1.1 All Visitors:

• If you choose to use our referral service on SoGoSurvey to share an article from our Service, we will ask you for your email address and your recipient’s email address. We will automatically send your recipient a one-time email in your name inviting him or her to visit the Site or Service to view the article.
• In addition to the above, we collect certain information in accordance with the Section on “Cookies, web beacons, and other tracking technologies” below.

1.2 Clients:

• When our Clients register on the Service, we ask for contact information including company name, name of contact, title of contact, telephone number, email address, User ID, password, and billing information which may include credit card numbers. We may ask our Clients to provide additional categories of information as mentioned in the sign-up form. Clients are required to provide us with Information that is necessary for us to provide our Services.
• Clients can log in to our Service using sign-in services such as Facebook Connect, Google Sign-in, or an Open ID provider. These services will authenticate your identity and provide you the option to share certain Information with us, such as your name and email address to pre-populate our sign-up form. Services like Facebook Connect give you the option to post information about your activities on this Service to your profile page to share with others within your network.

1.3 Survey Participants:

• We receive Participant Information from both Clients and Survey Participants. Clients provide us with contact information such as email address, and sometimes additional details including the name of each Participant. Before receiving such Information, we contractually require Clients to warrant that they have a pre-existing relationship with the Survey Participant and/or the Survey Participant’s permission to receive electronic messages.
• Survey Participants provide us with the Information requested by our Clients as well as all answers to the survey questions. Clients are the sole responsible party for the content of the surveys; We do not control the theme or questions asked in any survey. In order to enhance survey response rates, we track and record: (I) if and when a Survey Participant has responded to a survey and (ii) if and when a Survey Participant has received an invitation or a reminder to participate in a survey.

1.4 Imported Contacts:

You can import contacts from Gmail or other address books to invite other individuals to become SoGoSurvey users. We do not collect the username and password for the email account from which you wish to import your contacts, and we only collect the contact email address for contacts that you select for that purpose.

1.5 Blogs, Forums and other public posts:

If you share any personally identifiable information through comments or forms on our blog, forum, or public resources, it may be read, collected, or used by third parties to send unsolicited messages to you. You assume sole responsibility for the use of any personally identifiable information that you choose to submit in public view.

2. How does SoGoSurvey Process Information?

We use Client Information to provide our services to our Clients, Participant Information in accordance with Client instructions, and Visitor Information to improve the features and security of our Site and Services. We use personal information strictly in accordance with this Privacy Policy. If SoGoSurvey intends to use any personal information in a manner that deviates from this Privacy Policy, we will provide a notice of how we intend to use that Information as we collect it. The use of that specific Information will be limited to the use stated in the alternative disclosure.

2.1 All Visitors: We may use your Information to:

• Improve the performance, features, and security of our Site and Services by analyzing user behavior. For further information, please see the section on “Cookies, web beacons, and other tracking technologies”.
• Protect our legal rights, for law enforcement purposes, for compliance with a legal requirement or court order, or for detection or prevention of fraud or misuse of our Services or properties.

2.2 Clients: We use Client Information to:

• Provide our services in the normal course of our business, including to contact you regarding technical support, discuss billing issues, or to bring to your attention any aspect of our mutual business.
• Provide you with policy or product updates or to introduce new products and services. If you do not wish to receive promotional emails from us, please follow the unsubscribe instructions included in each promotional email.
• Provide you strictly service-related announcements when we consider it necessary to do so. For instance, we might send you an email if our service is suspended for maintenance. You may not opt-out of these necessary and non-promotional emails without terminating your account.

2.3 Survey Participants: SoGoSurvey collects personal Information on its service platform under the direction of its Clients and has no direct relationship with the individuals whose personal data it processes. If you are a customer of one of our Clients and would no longer like to be contacted by one of our Clients that use our service, please directly contact the Client that you interact with. Personal Participant Information may be used by SoGoSurvey to:

• Send survey invitations and reminders at our Client’s direction.
• Fulfill the purpose for which the Client has engaged SoGoSurvey.
• Troubleshoot technical problems.
• Resolve disputes.
• Address complaints.
• Verify compliance with the Terms of Service.

2.4 Providing support: Upon receiving a request for help or support from a Client, SoGoSurvey's authorized employees may, without seeking any additional permission or consent, undertake the following actions:

• Access that Client’s account for the sole and limited purpose of providing help and support to the Client or their Survey Participants as per their request.
• Contact the Client's Survey Participants for investigation of issues, and
• Make necessary changes to resolve the issue.

2.5 Newsletters:

If you subscribe to our newsletter(s), we will use your name and email address to send the newsletter(s) to you. You may choose to stop receiving our newsletter or marketing emails or other communications by following the included unsubscribe instructions, or by contacting us at unsubscribe@SoGoSurvey.com.

2.6 Testimonials:

We may publish your comments, reviews, feedback, or testimonials regarding the Service. Such comments, reviews, feedback, or testimonials may contain personal information that has been provided by you as a part of the comment, review, feedback or testimonial. Please contact us at privacy@sogosurvey.com if you want us to remove any comment, review, feedback, or testimonial that contains your personal information.

3. With whom does SoGoSurvey share Information?

We do not share the Information with any third parties except under the following limited circumstances:

3.1 Participant Information with Client:

Our business is the provision of tools that our Clients use to conduct meaningful surveys with their employees, suppliers, customers, and constituents. Accordingly, we provide Clients with access to Participant Information obtained in response to the surveys that Clients have conducted. Clients may use Participant Information in accordance their own privacy policy and applicable law.

3.2 As Explicitly Allowed by Clients:

We may share or otherwise use Client Information as explicitly allowed by Clients and we may share Participant Information as both the Client and the Survey Participant expressly allow. For example, Clients are given the opportunity to either hide or make available to Survey Participants certain Client contact information in connection with any survey.

3.3 Agents Acting on Our Behalf:

We may share some your Information with other companies who provide us with technical and other services such as a credit card processor. They will be contractually granted access to only that Information which is necessary for them to perform their intended tasks and they will be prohibited from using the Information for any other purpose, including marketing or sharing the Information with any other party. We do not share any personally identifiable information with third parties who are not service providers.

3.4 For Legal Reasons:

We may disclose your personal information as required by law such as to respond to subpoenas, court orders, or legal process, or to establish or exercise our legal rights or defend against legal claims and when we believe in good faith that disclosure is necessary to protect our rights, or to protect your safety or the safety of others. In certain situations, SoGoSurvey may be required to disclose personal data in response to lawful requests by public authorities, including to meet national security or law enforcement requirements. We may also share your Information to investigate, prevent, or take action regarding illegal activities, suspected fraud, situations involving potential threats to the physical safety of any person, violations of our Terms of Service, or as otherwise required by law.

3.5 Merger and Acquisition:

If SoGoSurvey is involved in a merger, acquisition, or sale of all or a portion of its assets, Clients will be notified via email and/or a prominent notice on our Site or Service of any changes in ownership, Processing of personal Information, and choices available to Clients regarding any personal Information in our possession.

4. What are your rights under this Privacy Policy?

We may, at our own discretion, require you to furnish proof of your identity and/or proof of authorization to undertake the requested action prior to granting any request under this Section. Where permitted by law and necessary to prevent abuse, SoGoSurvey may charge a fee for performance of its obligations under this Section.
SoGoSurvey provides a platform for use by its Clients and acts only in accordance with the directions of its Clients. Once a Survey Participant has submitted a survey response, the Survey Participant will not be able to access his/her Information through the Service. Survey Participants may contact the Client that conducted the survey and that Client, in turn, will be able to view the Survey Participant’s collected Information and, where appropriate, work with us to access, modify, or delete such Information. Where required, SoGoSurvey will work with the Client to fulfill such requests within 30 days.
Clients may exercise the following rights for their data:

4.1 Data Ownership:

Clients own all personally identifiable information that they bring to our platform, including the Information provided directly by the Clients and the Information obtained from Survey Participants in response to surveys. SoGoSurvey may Process the information in accordance with this Privacy Policy.

4.2 Right to Data Portability:

Data may be exported from our system by Clients for external use in a format chosen by the Client from a list of formats provided by SoGoSurvey.

4.3 Right to be Forgotten and Right to Object:

SoGoSurvey deletes Information in accordance with Section 5 below. Clients may delete any Information from their own accounts at any time. For deletion of any Information that cannot be deleted from within the account, please contact us at privacy@SoGoSurvey.com so that we can help you. Subject to your cooperation, SoGoSurvey will delete the Information within 30 business days of receipt of the email. Deleted data may continue to exist in our backups for disaster recovery purposes in accordance with Section 5 below. Certain data or Information may not be deleted by SoGoSurvey in accordance with Section 5 below. We may refuse to grant this request if we consider the retention of your data or information to be necessary for us to protect our legal rights, for law enforcement purposes, for compliance with a legal requirement or court order, or for detection or prevention of fraud or misuse of our Service or properties.

4.4 Right to Access and Correction:

Upon request by a Client, SoGoSurvey will inform the Client whether we hold any personal Client Information. Clients may view and modify their Client Information in our active database at any time. Certain categories of Client Information may not be modifiable through the Client’s account. To change such Information, please contact SoGoSurvey at privacy@sogosurvey.com. The changed Information may remain in back-ups and records subject to Section 5 below.

5. Data storage and retention?

We will use the following criteria to determine the duration for which your Information will be retained:

5.1 For the legitimate purposes of record keeping and to fulfil any legal obligations including but not limited to taxation, SoGoSurvey may indefinitely retain your email address, contact information, name, invoices, transaction details, and the period for which you had subscribed to any Service.

5.2 Personally identifiable Information will be retained as long as the Client continues to use our Service. Subject to this Section 5, upon account termination, account data will be retained for a minimum period of 30 days. SoGoSurvey may, but shall have no obligation to, retain or maintain data beyond the period of 30 days from the date of termination of the account.

5.3 To the extent that Client has transferred to SoGoSurvey or used SoGoSurvey services to store data under the General Data Protection Regulation Addendum ("GDPR Addendum"), Client shall be the sole responsible party for deletion of Personal Data (as defined under the GDPR Addendum) as required by Client, Client’s data subjects or an applicable law.

5.4 Subject to the restrictions under this Section 5, Clients can delete any data from their own accounts or exercise the right under clause 4.3 above at any time. Deleted data may continue to exist in our backups for disaster recovery purposes in accordance with this Section 5.

5.5 We may retain any Information until any dispute is resolved, or to protect our legal rights, or if we are obligated to do so by a law, court order, or law enforcement, or for prevention and detection of fraud or misuse of our Services or properties, or for enforcement of our agreements.

5.6 For disaster recovery, Client data back-ups are taken at regular intervals as long as the Client holds an active account with SoGoSurvey.

5.7 Once any Information has been deleted, it cannot be recovered.

6. How does SoGoSurvey protect the Information?

To prevent unwanted and unauthorized access to your information, we use the following methods, techniques, and technologies:

• The Service is hosted in a secure server environment that uses a firewall, among other technologies, to reasonably prevent access from outside intruders.
• We use security logs, train our employees, and limit access to only essential personnel.
• During transmission, your Information is protected with encryption.
• For disaster recovery, Client data back-ups are taken at regular intervals as long as the Client holds an active account with SoGoSurvey.

All our technologies and processes are not, however, guarantees of security. Please keep your User ID and password secret and let us know at privacy@sogosurvey.com immediately if you learn or suspect that your account has been compromised or our security has been breached.

7. Cookies, web beacons, and other tracking technologies

As is true of most websites and services, we gather certain information automatically and store it in log files in order to improve the features and security of our products and services. This information may include Internet protocol (IP) addresses, browser type, internet service provider (ISP), referring/exit pages, operating system, date/time stamp, and/or clickstream data, etc. We do not link this automatically collected data to other information we collect about you.

We, and third parties on our website, also use cookies and other tracking technologies. For information about the use of cookies and other tracking technologies on our website and Service(s), please see our Cookie Policy , incorporated herein by reference.

8. Third-party website(s), app(s), software(s), or service(s)

The Services may, from time to time, contain links to the websites of our partner networks, advertisers, affiliates, or any other third-party websites, apps, or services. This Privacy Policy does not apply to data collected on third party websites, apps, or services, or the use of SoGoSurvey’s platform and services by third parties for collection of information, even if such third parties are SoGoSurvey’s partners and display SoGoSurvey branding on their websites, apps, or services. Data collected by third parties is subject to their own privacy policies and privacy practices. Please check the privacy policies and terms of service / terms and conditions of any third-party website, app, software, or service that you choose to visit or use. We do not accept any liability for any collection, storage, use / misuse, sharing, disclosure or transfer of data, viruses or other malware, or any other damage, loss or harm caused to you or anyone else as a result of your visit to any third-party website, app, or service, or use of any third-party software.

9. Changes in this Privacy Policy

As we are constantly improving our services and expanding our business, we retain the right to modify this privacy policy at any time. In the event we make any material changes, we will notify our Clients about the change by sending an email to the email address specified in the Client’s account, by means of a notice on the Site or a Service provided by SoGoSurvey, and/or through other reasonable means. The changes will be effective 14 days after the new policy has been notified or posted on the Site or Service. Information collected after the new policy is in effect will be used in conformance with the new policy. Information gathered under the old policy will continue to be used in conformance with that policy unless we, in conjunction with the Client, notify Survey Participants of the changes and the Survey Participant does not prohibit the use of the Information in conformance with the new policy.

Our latest Privacy Policy can always be found at our Site. We encourage you to periodically review this page for the latest information on our privacy practices.

10. EU-U.S. Privacy Shield and Swiss-U.S. Privacy Shield

SoGoSurvey LLC. (“SoGoSurvey”) participates in and has certified its compliance with the EU-U.S. Privacy Shield Framework and the Swiss-U.S. Privacy Shield Framework. SoGoSurvey 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 List.
[https://www.privacyshield.gov/list]

SoGoSurvey is responsible for the processing of personal data it receives under each Privacy Shield Framework and subsequently transfers to a third party acting as an agent on its behalf. SoGoSurvey complies with 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 Framework, SoGoSurvey is subject to the regulatory enforcement powers of the U.S. Federal Trade Commission. In certain situations, SoGoSurvey 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 our 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 [https://www.privacyshield.gov/article?id=How-to-Submit-a-Complaint], you may be entitled to invoke binding arbitration when other dispute resolution procedures have been exhausted.