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YPulse, Inc. Privacy Policy

Version 2.1.0

This Privacy Policy (“Privacy Policy”) is posted by YPulse, Inc., a Delaware Corporation (the “Company”), our service providers and affiliates of the Company (collectively, “Affiliates”) (“we” or “us”) and governs our collection and use of personal information via panel providers you have contracted to participate in surveys and/or our market research online communities (“research tools”).  This Policy governs only the personally identifiable information (“Personal Information”) collected by our research tools and does not cover any such information collected in any other manner or for any other purpose, or for or by any other company, unless specifically stated.

Overview: This Privacy Policy is intended to explain our privacy practices and inform you as to:

While our site does not directly target children, we may collect Personal Information about children from their parents with Parental Consent.

Parental Consent will be collected for anyone under the age of 16 in the European Union and 13 in the United States, its territories and possessions (“U.S.”), and Canada.  If your country is not in these areas, we will abide by the legal age of consent for that country.  Certain countries within the European Union may define a lower age of consent than 16 but no lower than 13.  In such cases, we reserve the right to utilize the lower age if required for our research purposes.  We protect this data in the same manner as stated in this Privacy Policy.

In the event we learn that we have collected Personal Information from a child under the legal age of consent without Parental Consent first, we will delete that information as quickly as possible.

If you have not reached the legal age of Consent for your country and prior consent by your parent or legal guardian has not been provided to us, please discontinue use of this survey immediately!

All personal information collected by YPulse, Inc. will be stored and processed in the United States or any other country in which YPulse, inc. or its affiliates, contractors or agents maintain facilities. By using the Services associated with our research tools or our website, you consent to any such transfer of information outside of your country.  

If you are a member of one of our online research communities, any posted Terms of Service is incorporated into this privacy policy by this reference. This Privacy Policy and our Terms of Service are legally binding on all users.

We reserve the right to revise this Privacy Policy at any time by updating this posting without advance notice to you. Such revisions shall be effective to you immediately upon posting. Notice of material changes to either document will be posted within our research tools and/or will be provided by e-mailing you or notifying you upon login about these changes; the form of such notice is at our discretion. However, we encourage you to check this Privacy Policy often for updates.

We are committed to protecting users’ privacy. Keeping the Personal Information you share with us via our research tools secure and ensuring your understanding of how we collect, use, disclose and maintain your Personal Information is important to us. We maintain reasonable physical, electronic and procedural safeguards to protect your Personal Information and while no data transmission over the Internet is 100% secure from intrusion, we have used and will continue to use commercially reasonable efforts to ensure the protection of your Personal Information.

Any personal information provided by you is kept strictly confidential and is used by us only as described in this Policy. By using our Services via our Data collection platforms, you consent to the terms of this Policy. 

YOUR CALIFORNIA PRIVACY RIGHTS

If you are a resident of the State of California, under the California Civil Code, you have the right to request from companies conducting business in California a list of all third parties to which the company has disclosed Personal Information during the preceding year for direct marketing purposes. Alternatively, the law provides that if a company has a Privacy Policy that gives either an opt-out (which we may sometimes refer to as “unsubscribe”) or opt-in choice for use of your Personal Information by third parties (such as advertisers or affiliated companies) for marketing purposes, the company may instead provide you with information on how to exercise your disclosure choice options.

We qualify for the alternative option; having a comprehensive Privacy Policy and providing you with details on how you may either opt-out or opt-in to the use of your Personal Information by third parties for research purposes. Therefore, we are not required to maintain or disclose a list of the third parties that received your Personal Information for marketing purposes during the preceding year.

If you are a California resident and request information about how to exercise your third-party disclosure choices, you must send a request to the following address with a preference on how our response to your request should be sent (email or postal mail).

Send an email to the Privacy Administrator at privacy@ypulse.com, or you may contact us via regular mail at:

YPulse, Inc.
39 Broadway, Suite #2010
NEW YORK, NY 10006
Attn: Your California Privacy Rights

All requests sent via regular mail must be labeled “Your California Privacy Rights” on the envelope or post card and clearly stated on the actual request. For all requests, please include your name, street address, city, state, and zip code (your street address is optional if you wish to receive a response to your request via email. Please include your zip code for our own record keeping). We are not responsible for notices that are not labeled or sent properly, or do not have complete information. To all other users of this Site, if you have other questions about this Privacy Policy, please contact our Privacy Administrator at privacy@ypulse.com, or you may contact us via regular mail at:

YPulse, Inc.
39 Broadway, Suite 2010
NEW YORK, NY 10006
Attn: Data Privacy Administrator

GENERAL PRIVACY INFORMATION

Our research tools are intended for U.S., Canada, and European Union audiences and are governed by and operated in accordance with the laws of the U.S. and the “GENERAL DATA PROTECTION REGULATION” in the European Union. By your participation in our Site activities, you certify that you are at least 13 years of age (16 Years of age in the European Union) or the required greater age for certain features and a resident of the U.S., Canada, and European Union. If you are located outside of the these areas and you participate in activities on this Site contrary to our policy that only U.S., Canada, and European Union residents are eligible for certain activities, you do so at your own risk and initiative, and you, not us, are responsible for compliance with any applicable local and national laws.

Please be aware that any Personal Information you provide to us or we obtain as a result of your use of our research tools will be transferred to the U.S. and subject to U.S. law. By using our research tools, participating in any research activities, and/or providing us with your Personal Information, you consent to this transfer and processing of Personal Information to and in the U.S., and in other countries that may not have an equivalent level of protection or a level of data protection considered adequate in the European Union or European Economic Area. Consequently, you hereby waive any claims that may arise under the laws and regulations that apply to you in or of any other country or jurisdiction. All users of our research tools are required to provide true, current, complete and accurate Personal Information when prompted and we will reject and delete any entry that we believe in good faith to be false, fraudulent, or inconsistent with this Privacy Policy.

Your continued use of our research tools indicates your acceptance of this Privacy Policy and of the collection, use, disclosure, management and storage of your Personal Information as described below. We may from time to time, transfer or merge any Personal Information collected off-line to our online databases or store off-line information in an electronic format. We may also combine Personal Information we collect online with information available from other sources. This Privacy Policy covers all such Personal Information and will remain in full force and effect as long as you are a user of our research tools, even if your use of or participation in any particular service, feature, function or promotional activity terminates, expires, ceases, is suspended or deactivated for any reason.

A.  Collection and Use of Personal Information:When we use the term “Personal Information” we mean information such as your first/middle initial or name and last name, street address, town or city, state, zip code, telephone number, instant-messenger nickname, Skype handle, blog or other personal website URL, date of birth, e-mail address, gender, ethnicity and any other information that would allow someone to identify you or contact you. Personal Information also includes information about your personal preferences, survey responses and your transactions or relationship with us, if you have been a user of our research tools or you have provided this type of information to us. In addition to your name and contact information, we will also collect and maintain information about your computer’s internet address and website which may have referred or directed you to our research tools (e.g., the referring URL).

We collect Personal Information about you when you use our research tools and input information, whether you are registering to use any services, features or functions of our research tools, participating in activities or surveys, or in the course of any other exchanges of information, transactions and activities. We may use the information we obtain from you, including Personal Information, to tailor your experience on our communities, to display content we think may be of interest to you, or to let us customize the activities and surveys that are offered to you when you use our research tools according to your preferences and personal characteristics.

B.  Use of Communities. If you use any of the member-to-member community features and functions made available on or through the community (e.g., group chat sessions or bulletin boards), please remember that any information disclosed in these venues is automatically made public. You should exercise caution when disclosing any Personal Information in the communities, as you do not know who will access and use your Personal Information or for what purposes. The community is in no way responsible for the accuracy, use, or misuse of any information, including Personal Information, that you disclose or receive through these venues and you should assume that any disclosure you do make in these venues will be available publicly, even without your knowledge or authorization.

C.  Wireless Activities: The Site may provide users and viewers with the opportunity to register for wireless surveys, wireless alerting services, wireless news and wireless information (described hereafter as wireless activities) delivered via text messaging and other wireless devices such as mobile phones and, in the event we do so, users are required to provide their consent to receive such information from the Site, either by registering on the Site or via their wireless device. Such wireless activities are administered by Affiliates of YPulse, Inc. The Personal Information requested as part of the online registration process may include a user’s telephone number or a wireless email address, but only if specifically requested, and the carrier’s name. Optional information may be requested for specific wireless activities, such as survey information. Depending on the wireless activity, we may also collect an Internet email address or other information and, depending on the information collected, the user may also be required to confirm his or her agreement to this Privacy Policy and the Terms of Service.

We caution that most wireless transmissions are not secured and there is a greater risk of an unknown third party’s interception of messages or a user’s Personal Information when using a wireless communications device.

Users that register for wireless activities acknowledge, understand and agree that they will be charged by the user’s wireless carrier for all messages sent to the user from the Site, the Company or its Affiliates. Standard messaging rates may apply, unless noted otherwise. Under no circumstances will the Site, the Company, or Affiliates be responsible for any data, wireless email or text messaging charges incurred by a user or by a person that has access to a user’s wireless device, telephone number, or email address.

D.  Accuracy and Confidentiality: It is your responsibility to give us current, complete, truthful and accurate information, including Personal Information, and to keep such information up to date. We cannot and will not be responsible for any problems or liability that may arise if you do not give us accurate, truthful or complete information or Personal Information or you fail to update such information or Personal Information.

You are solely responsible for maintaining the strict confidentiality of your Access Credentials, if applicable, and for any charges, costs, expenses, damages, liabilities and losses we incur or may suffer as a result of your failure to do so. You, and not us, are solely responsible and liable for your activity, behavior, use and conduct on the Site and for any use of the Site or any other activity or conduct in connection with the Site by any others who use your Access Credentials, unless and until you notify us that your Access Credentials may have been compromised, misappropriated or improperly taken or used by another party.

E.  Cookies and Other Technologies: We use ‘cookies’ and other similar tracking technologies, such as web beacons (also known as image tags, GIF or web bugs) to collect non-personal “click stream” data regarding your visits to our research tools, such as your visits to our research tools, use of our features, and purchasing history or preferences. Your Personal Information (such as name, email address and password) is not collected as part of this process.

We do not respond to Do Not Track (DNT) signals communicated from internet browsers. We use cookies and similar tracking technology in a variety of ways, including:

 

F.  Notice for Certain Device Manufacturers: Certain device manufacturers, such as Apple, preset their browsers to block cookies from websites other than those you visit directly. As a result, certain services will not work for browsers left in this default setting. Review your device manufacturers’ manual or contact your device manufacturers’ customer service for your options.

G.  Privacy of Your Postings: We respect the privacy of the contents of any Personal Information related to or contained in a Posting, unless the information is intended to be disclosed (such Personal Information, except as intended to be disclosed, is called “Confidential Personal Information”). However, we reserve the right to monitor, edit, and disclose your use of our research tools or Confidential Personal Information to a third party, if we believe such action is required by law or is necessary to protect and defend our rights, to enforce this Privacy Policy or the terms set forth in our Terms of Service, or to protect the interests of our users, Clients, Affiliates, licensors, suppliers, operational service providers, and others. 

H.  Disclosure to Third Parties: We do not sell, rent, lease or disclose your Personal Information, except in the limited circumstances listed below. As stated above, we will disclose Personal Information related to or contained in a Posting in connection with the display of and other services relating to such Posting as such Personal Information is intended to be disclosed. (For opt-out procedures, please see the section of this Privacy Policy above entitled “Use of Personal Information in Connection with Survey Research; Opt-Out Procedures”).

 

  1. Clients. We may sometimes append some of the Personal Information you provide us to your responses for the purpose of providing context to results we provide to our clients. Clients must consent to use your Personal Information only for Survey Research purposes and will not contact you or use this information for any other reason unless you provide consent for them to do so.
  2. Operational Service Providers. We also have the right to disclose your Personal Information to third parties for the purpose of administering and maintaining our research tools, features, functions and operations. We will refer to these third parties as “operational service providers”. We use operational service providers to efficiently provide the full range of content, activities, services, features and functions we bring you and we request that our operational service providers also protect your privacy and not disclose your Personal Information or Sensitive Personal Information to third party marketers that are not associated with the us. Additionally, such operational service providers are not permitted to use your Personal Information or Sensitive Personal Information for their own purposes.
  3. Other Non-Affiliated Third Parties. We will make your Personal Information and Sensitive Personal Information available to non-affiliated third parties in the following limited circumstances:
      1. When we are compelled to do so by a governmental agency, court or other entity (e.g., to respond to subpoenas, court orders or legal process);
      2. If we believe your actions violate any law, regulation, including, without limitation, this Privacy Policy, or any of our other terms of service, rules, offerings or any other services, features or functions of our research tools, or if you threaten the rights, property or safety of our research tools, the Company, the Affiliates, or any of its or their operational service providers, licensors, suppliers, customers, users, or any other party;
      3. If, in our sole discretion, we believe such disclosure to be necessary or appropriate to investigate or resolve possible problems or inquiries, to protect our business and assets, to defend our interests and/or to comply with our legal and regulatory obligations; or
      4. In the event of a bankruptcy, merger, acquisition, transfer of control, joint venture or other business combination involving us, or our Company or Affiliates.

 

I.  Security & Protection of Personal Information: We maintain reasonable standards of security and confidentiality. However, for most Internet tools, it is possible that third parties may unlawfully intercept or access transmissions or private communications over an unsecured transmission. We also limit access to our research tools by our own employees to those individuals who are authorized for the proper handling of such information and any employee found violating our standards of security and confidentiality will be subject to our disciplinary processes. We request that our operational service providers follow the same policy.

J.  Phishing: Phishing attacks attempt to steal consumers’ personal identity data and financial account credentials. “Phishers” use ‘spoofed’ e-mails to lead consumers to counterfeit websites designed to trick recipients into divulging Personal Information such as credit card numbers, account usernames, passwords, and social security numbers. WE DO NOT SEND EMAILS ASKING YOU TO PROVIDE OR CONFIRM SENSITIVE PERSONAL INFORMATION OR YOUR USERNAME OR PASSWORD!If you receive such email communication, please forward it immediately to the Site’s Privacy Administrator at privacy@ypulse.com, and then immediately delete the fraudulent email from your computer.

K.  Review, Update or Delete Your Personal Information: Generally, you may review, update or delete your Personal Information or Sensitive Personal Information collected by our communities. You may also correct factual inaccuracies. However, Personal Information that is necessary to check eligibility, such as date of birth or age, cannot be deleted, but may be modified with sufficient verification of the correct information. Personal Information collected for certain activities are subject to corporate and regulatory record keeping requirements and will not be deleted upon the user’s request, unless the entrant is a child under the age of 13 years old.

We reserve the right to deny access, use and registration privileges to any user, including without limitation, a registered user, of any services, features or functions of our communities if we believe there is a question about the identity of the person trying to access the user’s account or any services, features or functions. We also reserve the right to deny access, use and registration privileges to any user, including without limitation, a registered user, of any services, features or functions of our communities if we believe that they have fraudulently signed up with multiple Access Credentials or have provided fraudulent or misleading information via any surveys or activities. And if the burden or expense of providing access to your Personal Information is disproportionate to the risks to your privacy, or if the legitimate rights of others would be violated, we may decide not to provide access to such information. In such cases, we will provide to you an explanation of why access cannot be provided and contact information for further inquiries.

L.  Questions: If you have questions about this Privacy Policy or if you do not understand any information about how we collect, maintain, use or share your Personal Information, you may contact us directly by sending an email to privacy@ypulse.com.

M.  Sole Statement: This document is the sole statement of our Privacy Policy and no summary, restatement or other version thereof, or other privacy statement or policy, in any form, including, without limitation, machine-generated, is valid.

 

GENERAL DATA PROTECTION REGULATION (GDPR)

In order to deliver the Services, we require opt-in consent from European Union Respondents prior to the collection and processing of your Personal Data.

The website, our research tools and the Services may be accessed abroad. All personal information collected by YPulse, Inc. will be stored and processed in the United States or any other country in which YPulse, inc. or its affiliates, contractors or agents maintain facilities. By using the Services associated with our research tools or our website, you consent to any such transfer of information outside of your country. 

Users in Europe have the right to request access to and rectification or erasure of personal information, to restrict the processing of their personal information, and to object to processing. Users in Europe also have the right to lodge a complaint with a supervisory authority. If you would like to exercise any of your data protection rights, please contact us using the “privacy@ypulse.com” cited below.

We will not process your personal information unless you have given your consent to our processing for a specific purpose, processing is necessary for the performance of a contract with you or to comply with a legal obligation, or processing is necessary for the purposes of the legitimate interests pursued by YPulse, Inc. 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.

This Privacy Policy was last modified on June 2, 2021 and is effective immediately.

Copyright © 2021 YPulse, Inc. – All Rights Reserved.