Privacy Policy
This document was last updated on May 20, 2018

Privacy Policy

1. PARTIES

1.1. This Privacy Policy describes how TSG Innovation AB (the “Service Provider”, “we”, or “us”) collects, uses, stores, shares and protects your information in connection with services offered by us as a data controller and/or processor including, but not limited to, services provided at or using the domain responster.com (the “Site”); tools or applications including, but not limited to, mobile and other software applications related to the Site (the “Applications”); and images, text, playlists, metadata, and other material available through the Service (the “Content”) (collectively, the “Service” or “Responster”).

1.2. This Privacy Policy applies when you (“you”, “User” or “Respondent”) access, visit or use any portion of the Service. For the purposes of this Privacy Policy, a “User” is a person who creates and distributes Responster surveys (data controller of Respondents data and data subject for your own data, as direct client of the Service Provider), and a “Respondent” is a person who answers those Responster surveys (data subject of user).

1.3. This Privacy Policy is part of, and is governed by, the terms and conditions set forth in the Responster Terms of Use.

2. AGREEMENT TO TERMS OF PRIVACY POLICY

2.1. Any Service provided by us is purely voluntary. You are not required to provide any personal information to us unless you choose to access features of the Service that require such information. If you do not agree with the terms of this policy or the Terms of Use related to the Service, then please do not provide us with personal information, exit the Applications immediately, and refrain from using the Service.

2.2. Accordingly, by creating a Responster Account (as defined in the Terms of Service), or by otherwise accessing, visiting or using the Service, you expressly consent to our collection, use, disclosure and retention of your information as described in this Privacy Policy and in the Terms of Use related to the Service.

3. CHANGES TO THE PRIVACY POLICY

3.1. We may amend this Privacy Policy from time to time. You may be required to accept the amended Privacy Policy upon logging in to your Responster Account in order to keep using the Service. Alternatively, we may post any material changes to this Privacy Policy on the Site with a notice advising of the changes in advance of the effective date of the changes. We may also notify you of material changes to this Privacy Policy, before the effective date of the changes, by sending an email or in another conspicuous manner reasonably designed to notify you. If you do not agree to the new Privacy Policy, you may terminate using the Service within the applicable thirty (30) day period and you will not be bound by the new terms. Otherwise, the new terms will take effect after thirty (30) days.

4. RIGHTS TO ACCESS, RECTIFICATION OR ERASURE, RESTRICTION AND OBJECTION, OF PROCESSING

4.1. You have the right to access, rectification, opposition, erasure (“right to be forgotten”), and right to restriction of processing of your personal data by directing any such requests to TSG Innovation AB (with VAT Number SE559060663701) registered at address Ludvigsbergsgatan 43C, 11823 Stockholm, Sweden. In order to make things easier for you, and without prejudice to the legal requirements we must comply with under the laws, we also allows you to exercise the above-mentioned rights by sending an email to [email protected], by opening a support ticket via the Help Centre or by send a request via the online chat box found at the bottom of any page.

5. PERSONAL INFORMATION ABOUT USERS AND RESPONDENTS

Responster is used by Responster Users and by Responster Respondents. The information we receive from Users and Respondents and how we handle it differs, as set out below.

5.1. RESPONSTER USERS

As a User, we collect information relating to you and your use of our Services from a variety of sources:

5.1.1. Information we collect directly from the User

  1. Registration information: information you provide to us when you register for an account.

  2. User Settings: you can view and edit various preferences and personal details on the “User Settings” page. For example, your default language, account name, registered email and local time-zone.

  3. Responster data: We store your Responster data (questions and responses) for you.

  4. Billing info: If you subscribe to a paid plan, we require you to provide your billing details.

  5. Other data you want to share: We may collect your personal information or data if you submit it to us in other contexts. For example, if you provide us with a testimonial.

5.1.2. Information we collect about the User indirectly or passively when interacting with us

  1. Usage data: We collect usage data about Users whenever they interact with our Services, including information they have elected to make publicly available.

  2. Device and application data: We collect data from the device and application the User uses to access our Services, such as the IP address and browser type. We may also infer the geographic location based on the User IP address.

  3. Referral data: if the User arrives at a Responster website from an external source (such as a link on another website or in an email), we record information about the source that referred the User to us.

  4. Information from third parties: We may collect User personal information or data from third parties if the User gives permission to those third parties to share such information with others or the data is extracted from publicly accessible sources.

  5. Information from cookies and page tags: We use third party tracking services that employ cookies and page tags (also known as web beacons or web bugs) to collect aggregated and anonymized data about visitors to our websites. This data may include usage and User statistics. You can obtain full information about our cookie policy as described in Section 8 below.

5.2 RESPONSTER RESPONDENTS

As a Respondent, when you respond to surveys hosted by us, we collect, on behalf and upon instructions of our Users, information relating to you and your use of our services from a variety of sources.

5.2.1. Information we collect directly from the Respondent

We collect and store the collected responses from Respondents. The Responster User is responsible for that data and manages it. The Responster User is usually the same person that invited the Respondent to take the survey and sometimes they have their own privacy policy.

When responding to a Responster survey you may provide personal information or data. Please note that we are not responsible for the content of that Responster survey, so if you have any questions about a Responster survey you are taking, please contact the Responster User directly.

5.2.2. Information we collect about the Respondent from other sources on behalf of Users

  1. Usage data: on behalf of Responster Users, we collect usage data about Respondents whenever they interact with our services.

  2. Device and application data: on behalf of Responster Users, we collect data from the device and application the Respondent uses to access our services, such as, among other, the IP address, browser type and operating system. We may also infer the geographic location based on the Respondent IP address.

  3. Referral data: on behalf of Responster Users, we record information about the source that referred the Respondent to a Responster survey (i.e. a link on a website or in an email).

  4. Information from cookies and page tags: We use third party tracking services that employ cookies and page tags (also known as web beacons or web bugs) to collect aggregated and anonymized data about visitors to our websites. This data may include usage and User statistics. You can obtain full information about our cookie policy as described in Section 8 below.

  5. Email address: We record the email address if the User/Respondent provides it to us in order to send the Respondent a Responster notification email.

5.2.3. The Service Provider’s obligations as data processor when processing Respondents’ data on behalf of Users

When we process Respondents’ Data on behalf of Users, the User who creates the Responster survey is the Data Controller in relation with the data of Respondents using such Responster surveys, and the Service Provider is the Data Processor of such Respondents data (hereinafter, User shall be referred to as the “Data Controller” and the Service Provider as the “Data Processor”).

For the processing of Respondents’ data on behalf of the Data Controller, the Data Processor undertakes to fulfil the following obligations:

  1. To treat the personal data only to carry out the provision of the contracted Services, in accordance with the instructions given in writing, at any time, by the Data Controller (unless there is a legal rule that requires complementary processing, in such a case, the Data Processor will inform the Data Controller of that legal requirement prior to the processing, unless the Law prohibits it on public interest grounds).

  2. To maintain the duty of secrecy with respect to the personal data to which the Data Processor has access, even after the termination of the contractual relationship, and to ensure that their employees have committed in writing to maintain the confidentiality of the personal data processed.

  3. To ensure, taking into account the available technology, the costs of implementation, and the nature, scope, context and purposes of the processing, as well as the risks of varying probability and severity for the rights and freedoms of natural persons, that they will apply adequate technical and organizational measures to ensure a level of security appropriate to the risk, including, where appropriate, among other things:

    • The pseudonymisation and encryption of personal data;
    • The ability of ensuring the continued confidentiality, integrity, availability and resilience of the systems and services ;
    • The ability of restoring the availability and access to personal data quickly in the event of a physical or technical incident;
    • A process of regular verification, evaluation and assessment of the effectiveness of the technical and organizational measures in order to ensure the safety of the processing.

    When evaluating the adequacy of the security level, special account shall be taken of the risks presented by the data processing, in particular as a consequence of the destruction, loss or accidental or unlawful alteration of the personal data transmitted, stored or otherwise processed, or the communication or unauthorized access to such data.

  4. To keep under their control and custody the personal data to which they have access in relation with the provision of the Service, and to not disclose them, neither transfer or otherwise communicate them, not even for their preservation, to persons unrelated with the provision of the Service covered by this Agreement.

    However, the Data Controller may authorize, expressly and in writing, the Data Processor to use another data processor (hereinafter, the “Subcontractor”), whose identification data (full company name and fiscal identification number) and subcontracted services must be communicated to the Data Controller, prior to the provision of the service, at least with one (1) month in advance. The Data Processor will also inform the Data Controller of any change envisaged in the incorporation or substitution of the Subcontractors, giving thus to the Data Controller the opportunity to object such changes.

    In case of making use of the power recognized in the previous paragraph, the Data Processor is obliged to transfer and communicate to the Subcontractor the whole obligations that for the Data Processor derive from this Agreement and, in particular, the provision of enough guarantees that he will apply appropriate technical and organizational measures, so that the processing complies with the applicable regulations.

    In any case, access to the data made by natural persons who render their services to the Data Processor, acting within the organizational framework of the latter by virtue of a commercial and non-labour relationship, is authorized. In addition, access to the data is granted to companies and professionals that the Data Processor has hired in their internal organizational framework in order to provide general or maintenance services (computer services, consulting, audits, etc.).

  5. To delete or return to the Data Controller, at their choice, all personal data to which they have had access in order to provide the Service. Likewise, the Data Processor undertakes to delete the existing copies, unless there is a legal rule that requires the preservation of the personal data. However, employees and other personnel working for the Data Processor are entitled to access Users and Respondents data as required to carry out their obligations under the terms of their contract.

  6. To notify the Data Controller, without undue delay, of any personal data security breaches of which he is aware, giving support to the Data Controller in the notification to the Swedish Data Protection Agency and, if applicable, to the interested parties of the security breaches that occur, as well as to provide support, when necessary, in the carrying-out of privacy impact assessments and in the prior consultation to the Swedish Data Protection Agency, where appropriate, as well as to assist the Data Controller so they can fulfil the obligation of responding the requests to exercise certain rights.

  7. To bring, in writing, a record of all categories of processing activities performed on behalf of the Data Controller.

  8. To cooperate with the Swedish Data Protection Agency or with other Control Authority, at its request, in the fulfilment of its power.

  9. To make available to the Data Controller the whole information necessary to demonstrate the fulfilment of the obligations established under this Agreement, as well as to allow and contribute to the performance of audits, including inspections, by the Data Controller or by a third party authorized by them.

If the Data Processor or any of his Subcontractors violates this Agreement or any regulation when determining the purposes and means of the processing, they shall be held responsible for such processing. Furthermore, if such Subcontractors are based in countries which do not have a legislation on data protection which is equivalent to the EU legislation (“Third Countries”), Data Processor shall establish all safeguards required by the EU legislation in order to comply with all obligations arising from transfers of data to Third Countries, and shall promptly inform Data Controller about such safeguards if so requested.

6. PURPOSES AND LEGITIMATE BASIS OF THE USE AND SHARING INFORMATION

6.1. PURPOSES OF PROCESSING

6.1.1. We use the information we collect from you to perform the services requested in connection with the Responster Account selected by you.

6.1.2. We also use your information to review, investigate and analyze how to improve the services provided. We may also collect and analyze your data to monitor, maintain and improve our services and features.

6.1.3. We may internally perform statistical and other analysis on information we collect (technical and meta data) to analyze and measure user behavior and trends, to understand how people use our services, in order to improve and optimize our performance of such services, and to monitor, troubleshoot and improve our services, including to help us evaluate or devise new features.

6.1.4. We may use your information for internal purposes designed to keep our services secure and operational, such as testing purposes, troubleshooting, to prevent abusive activity (i.e. fraud, spam, phishing activities), and for service improvement, research and development purposes.

6.1.5. If you connect your Responster Account with your account on a Social Media or third party platform, we may use the information that you make available through the applicable Social Media or third party platform and that the applicable Social Media or third party platform has made available to us, in accordance with the privacy or other settings that are applicable to your Social Media or third party platform account.

6.1.6. We’ll be sending you Responster product intro, tips and inspirational use cases and user stories by any means, including email and similar means of electronic communication like personalised advertisements as part of providing relevant content helpful to use our services effectively. In order to customize such information and commercial communications as much as possible, we may use statistical techniques that allow the creation of user profiles and data segmentation.

6.1.7. We do not sell your data to third parties without your permission. We share your information with our service providers who help us to provide our services to you, in which case those third parties are required to comply with our privacy policy and any other adequate technical and organizational measures. We contractually bind these service providers by the corresponding Data Processing Agreements to keep your information confidential and to use it only for the purpose of providing their services and pursuant to the applicable privacy legislation in the EU.

We are based in the EU and comply with the GDPR framework as set forth by the EU regarding the collection, use, and retention of personal data from EU member countries. If you are located outside the EU and choose to use the Service or provide your information to us, please note that your information may be transferred, processed and stored by our service providers in other non-EU countries. Privacy laws of the European Union and third countries may not be as protective as those in your jurisdiction. Your agreement to the terms of this Privacy Policy followed by your submission of information in connection with the Service represents your agreement to this practice. If you do not want your information transferred to or processed or stored in the EU or in the United States, you should not use the Service.If you are located in the EU, we guarantee that we will only transfer your data to companies that have signed our Data Privacy Agreement or that are registered with the Privacy Shield, to ensure a level of data protection compliant with the GDPR.

6.1.8. Your data is not disclosed to any third party except (i) for providing the services you requested and for which RESPONSTER collaborates with third parties, (ii) when we have your permission, (iii) when it is required by a competent authority in the exercise of its duties (for example in order to investigate, prevent or take action regarding illegal activities) or (iv) as otherwise required by law.

6.1.9. We do not use your Responster data other than as described in this Privacy Policy and the Terms of Use.

7. LEGITIMATE BASIS OF PROCESSING

Our use of your data for the purposes described above is based on the following legitimate basis:

7.1. Users’ Data

If you are a User, we are entitled to use your data in order to fulfil our contractual obligations with you and, if you are acting on behalf of a legal person, we have a legitimate interest to use your data in order to maintain the relation with your company as a Responster client.

In addition, we are entitled by law to use your data for direct marketing purposes, in order to send you commercial communications related with products or services which are similar to the Services, since legislation on data privacy recognizes direct marketing to clients as a legitimate interest of use of personal data, and legislation on information society services expressly allows us to send you commercial communications by electronic means, provided that they are related with products or services which are similar to the Services. In any case, you are entitled to ask us, now or at any moment, not to send you any commercial communications. If you don’t want us to send you commercial communications, you can do it, now or at any moment, by changing the communication preferences in your account settings page. Additionally, all commercial communications you might receive will include an easy and free-of-charge way for you to ask us not to receive further commercial communications.

7.2. Respondents’ Data

If you are a Respondent, we are processing your data as Data Processor of the User that invited you to take the Responster survey, so we suggest that you read carefully the own privacy policies that such User might have established for the use of your data as a Respondent.

8. COOKIES

8.1. A cookie is a small string of information that the website you visit transfers to your computer for identification purposes. Cookies can be used to follow your activity throughout the Service and that information helps us to understand your preferences and improve your experience.

8.2. For a detailed description of the types of cookies we use and on how you can control the use of cookies, please see our Cookie Policy.

9. CANCELING YOUR ACCOUNT, OPTING OUT OF EMAIL, AND MODIFYING PERSONAL INFORMATION

9.1. You may cancel your account and you may opt out of receiving any emails from us at any time by changing the settings in your account settings page. Deleting your account will cause all the data in the account to be permanently deleted from our systems within a reasonable time period, as permitted by law and will disable your access to any other services that require a Responster account. We will respond to any such request, and any appropriate request to access, correct, update or delete your personal information within the time period specified by law (if applicable) or without excessive delay. We will promptly fulfill requests to delete personal data unless the request is not technically feasible or such data is required to be retained by law (in which case we will block access to such data, if required by law).

9.2. You may modify your personal information by logging in and visiting your settings at the “User Settings” page and the “Plans & Billing” page, following the instructions provided, or by contacting support.

9.3. We encourage you promptly to update your personal information when it changes. Information concerning your past behavior with the Service may be retained by us as long as necessary for the purposes set out below.

10. RETENTION OF YOUR INFORMATION

10.1. We retain information for active Responster Accounts as long as it is necessary and relevant for our operations. In addition, we may retain information from closed accounts to comply with the law, prevent fraud, collect any fees owed, resolve disputes, troubleshoot problems, assist with any investigation, enforce the Terms of Service and take other actions permitted by law.

10.2. The information we retain about you will be handled in accordance with this Privacy Policy during the maximum terms permitted by law, and will exclusively be used for the purposes described in in this Privacy Policy. After those terms, your information will be fully deleted or, alternatively, will be anonymized.

11. HOW TO CONTACT US

Send a request via help.responster.com, send an email to [email protected], or contact the support team through the chat box at the bottom of any page.

12. COMPLAINTS

If you consider that any use of your data might breach any of your rights, you can lodge a complaint at any time by contacting our support team in writing, alternatively, by filing a complaint before the Swedish Authority on Data Protection (Datainspektionen) at www.datainspektionen.se.


Updated May 20, 2018