General.

Authorized Users.

Legal Notices.

Company Content.

Business Subscriber Content; Supplemental Terms.

User Content.

Posting Content.

• By contributing this Content you are affirming that you are 18 years old or more, an emancipated minor, or possess legal parental or guardian consent, and are fully able and competent to enter into and comply with these Terms and Conditions.
• You agree not to post any Content that is unlawful, harmful, tortious, defamatory, libelous, obscene, invasive of the privacy of another person, threatening, harassing, abusive, hateful, racist, infringing, pornographic, violent, or otherwise objectionable or inappropriate as determined by Company.
• You will not post any Content that contains personal information about any other individual, violates the privacy/publicity of any other individual or entity, or anything that you are under a contractual obligation to keep private or confidential. You agree that you will not impersonate any person or organization, including, without limitation, the personnel of Company.
• You will not forge headers or otherwise manipulate identifiers in order to disguise the origin of any User Content or other content transmitted through the Website.
• You will not misrepresent an affiliation with another person or organization, nor will you post any Content that infringes any copyright, trademark, patent, trade secret, or otherwise subject to intellectual property rights of a third party.
• You will not use this Website to harm minors in any way or to send any Content that we deem in our sole discretion to be inappropriate for minors, offensive, or incompatible with the character or subject matter of this Website.
• You will not upload, post, e-mail or otherwise transmit any unsolicited or unauthorized advertising, promotional materials, “junk mail”, “spam”, “chain letters”, “pyramid schemes” or any other material that contains business solicitations of any type, including advertising a product or service, offering a product or service for sale, or directing readers to a location for more information about a product or service.
• You will not post any software to the Website, nor will you post links to online locations or post files that do not comply with these Terms and Conditions, and you will not post any content that contains viruses, corrupted files, or any other similar software or programs that may adversely affect the operation or features of the Website.
• You will not modify in any way any specifications, technology, or application codes provided to you by Company or as embedded in the User Content unless expressly authorized in writing by Company.
• You will not intentionally or unintentionally violate any applicable local, state, national or international law.
• You will not collect any personal information about other users.
• You will not share or transfer passwords or other access information with any other party, temporarily or permanently as applicable.
• You will not use the Website or any Company Content in any way that harms any Site User, Business Subscriber or Company.
• You will not use the Website in any manner that could overburden, or impair the Website (or the networks or systems connected to the Website).
• You may not use any device, software or instrumentality to interfere with the proper working of our Website or disobey any requirements, procedures, policies or regulations of networks connected to the Website.
• You may not misuse the Website or the services by interfering with their normal operation, or attempting to access them using a method other than through the interfaces and instructions that we provide.
• You may not circumvent or attempt to circumvent any limitations that Company imposes on your account (such as by opening up a new account if your account has been closed for a violation of these Terms and Conditions).
• You may not register accounts by “bots” or other automated methods.

Restrictions on Use by Company.

No Infringing Use; Links to Third-Party Websites.

DMCA Notice.

• Contain your physical or electronic signature;
• Identify the copyrighted work or other intellectual property alleged to have been infringed;
• Identify the allegedly infringing material in a sufficiently precise manner to allow Company to locate that material;
• Contain adequate information by which Company can contact you (including postal address, telephone number, and e-mail address);
• Contain a statement that you have a good faith belief that use of the copyrighted material or other intellectual property is not authorized by the owner, the owner’s agent or the law;
• Contain a statement that the information in the written notice is accurate; and
• Contain statement, under penalty of perjury, that you are authorized to act on behalf of the copyright or other intellectual property right owner.

SUBMITTING A DMCA COUNTER-NOTIFICATION

• Your physical or electronic signature;
• Identification of the material that has been removed or to which access has been disabled, and the location at which the material appeared before it was removed or access to it was disabled;
• statement from you under the penalty of perjury, that you have a good faith belief that the material was removed or disabled as a result of a mistake or misidentification of the material to be removed or disabled; and
• Your name, physical address and telephone number, and a statement that you consent to the jurisdiction of a court for the judicial district in which your physical address is located, or if your physical address is outside of the United States, for any judicial district in which Company may be located, and that you will accept service of process from the person who provided notification of allegedly infringing material or an agent of such person.

TERMINATION OF REPEAT INFRINGERS

Security.

Feedback.

1. COMPANY FEEDBACK.

   If you send or transmit any communications, comments, questions, suggestions, or related materials to Company, whether by letter, email, telephone, or otherwise (collectively, “Company Feedback”), suggesting or recommending changes to the Website, Company Content or the services available via the Website, including, without limitation, new features or functionality relating thereto, all such Company Feedback is, and will be treated as, non-confidential and non-proprietary. You hereby assign all right, title, and interest in, and Company is free to use, without any attribution or compensation to you, any ideas, know-how, concepts, techniques, or other intellectual property and proprietary rights contained in the Company Feedback, whether or not patentable, for any purpose whatsoever, including but not limited to, developing, manufacturing, having manufactured, licensing, marketing, and selling, directly or indirectly, products and services using such Company Feedback. You understand and agree that Company is not obligated to use, display, reproduce, or distribute any such ideas, know-how, concepts, or techniques contained in the Company Feedback, and you have no right to compel such use, display, reproduction, or distribution.
   
   

2. ​BUSINESS SUBSCRIBER FEEDBACK.

   If you send or transmit any communications, comments, questions, suggestions, or related materials to a Business Subscriber, whether by letter, email, telephone, or otherwise (collectively, “Business Subscriber Feedback”), suggesting or recommending changes to that Business Subscriber’s services, products, websites or Business Subscriber Content, including, without limitation, new features or functionality relating thereto, all such Business Subscriber Feedback is, and will be treated as, non- confidential and non-proprietary by the Business Subscriber. You hereby assign all right, title, and interest in, and the Business Subscriber is free to use, without any attribution or compensation to you, any ideas, know-how, concepts, techniques, or other intellectual property and proprietary rights contained in the Business Subscriber Feedback, whether or not patentable, for any purpose whatsoever, including but not limited to, developing, manufacturing, having manufactured, licensing, marketing, and selling, directly or indirectly, products and services using such Business Subscriber Feedback. You understand and agree that Business Subscriber is not obligated to use, display, reproduce, or distribute any such ideas, know-how, concepts, or techniques contained in the Business Subscriber Feedback, and you have no right to compel such use, display, reproduction, or distribution.
   
   

Your Account.

• A working email address;
• Preferred username and password.

Children Under 13.

Promotions and Contests; Incentives.

Privacy.

Indemnity.

Warranty Disclaimer.

Limitation of Liability.

Miscellaneous.

Processing of Personal Data from the European Union and European Economic Area.

1. DEFINITIONS

   “Authorized Subprocessors” means (a) those Subprocessors set out in Subsection 21.M (Authorized Subprocessors); and (b) any additional Subprocessors consented to in writing by the Client in accordance with Subsection 21.F;
   
   “Process/Processing”, “Data Controller”, “Data Processor”, “Data Subject”, “Personal Data”, “Personal Data Breach” and “Special Categories of Personal Data” shall have the same meaning as in the Data Protection Laws;
   
   “Data Protection Laws” means in relation to any Personal Data that is Processed in the performance of the Terms and Conditions, the EU Data Protection Directive 95/46/EC until 25 May 2018 and the General Data Protection Regulation (EU) 2016/679 (“GDPR”) on and from 25 May 2018), in each case together with all laws implementing or supplementing the same and any other applicable data protection or privacy laws;
   
   “EEA” means the European Economic Area;
   
   “Client Personal Data” means the data described in Annex 1 and any other Personal Data Processed by Company or any Company Affiliate on behalf of the Client pursuant to or in connection with the Terms and Conditions;
   
   “Data Transfer Mechanism” means the standard contractual clauses for the transfer of personal data to Processors established in third countries, as approved by the European Commission in Decision 2010/87/EU, the EU-US Privacy Shield Program, or any set of clauses or other legal basis for transferring Personal Data out of the European Union approved by the European Commission which amends, replaces or supersedes these data transfer mechanisms;
   
   “Subprocessor” means any Data Processor (including any third party and any Company Affiliate) appointed by Company to Process Business Subscriber Personal Data on behalf of the Business Subscriber;
   
   

2. COMPLIANCE WITH LAW

   Business Subscriber warrants that all Personal Data processed by Company has been and shall be collected and processed by Business Subscriber in accordance with Data Protection Laws including without limitation: (a) ensuring that all notifications to and approvals from regulators which are required by Data Protection Laws are made and maintained by Business Subscriber; and (b) ensuring that all Personal Data is collected and processed fairly and lawfully, is accurate and up to date and that a fair notice is provided to data subjects which describes the processing to be undertaken by Company. Business Subscriber shall indemnify and hold Company harmless against all losses, fines and regulatory sanctions arising from any claim by a third party or regulator arising from any breach of this section.
   
   

3. PROCESSING AND TRANSFER OF BUSINESS SUBSCRIBER PERSONAL DATA

   Company shall only Process the types of Business Subscriber Personal Data relating to the categories of Data Subjects for the purposes of these Terms and Conditions and for the specific purposes in each case as set out in subsection 21.M below, as otherwise directed by the Business Subscriber in writing, and as required by applicable Law.
   
   For the purposes set out in this Section 21.C, the Business Subscriber hereby instructs Company to transfer Business Subscriber Personal Data to the recipients in the Third Countries listed in subsection 21.M., provided that Company shall comply with subsection 21.F. (Subprocessing).
   
   

4. COMPANY PERSONNEL

   Company shall take reasonable steps to ensure that its employees and agents who may have access to the Personal Data are subject to confidentiality undertakings or professional or statutory obligations of confidentiality.
   
   

5. SECURITY

   Taking into account the state of the art, the costs of implementation and the nature, scope, context and purposes of Processing as well as the risk of varying likelihood and severity for the rights and freedoms of natural persons, Company shall implement appropriate technical and organisational measures that are designed to ensure a level of security appropriate to the risk.
   
   

6. SUBPROCESSING

   Business Subscriber hereby authorizes Company to subcontract the processing of the Personal Data to Subprocessors, such as the data centers used by Company for data storage who in each case are subject to terms between Company and the Subprocessor that are no less protective than those set out in this agreement. Company will inform Business Subscriber of the details of such Subprocessors upon written request from Business Subscriber. Company will inform Business Subscriber in advance of any intended changes concerning the addition or replacement of Subprocessors and thereby give Business Subscriber the opportunity to object to such changes. If Business Subscriber does not object in writing within five (5) days of receipt of the notice, Business Subscriber is deemed to have accepted the new Subprocessor. If Business Subscriber does object in writing within five (5) days of receipt of the notice, Company and Business Subscriber will discuss possible resolutions.
   
   As at the effective date of this agreement, the Business Subscriber hereby authorizes Company to engage those Subprocessors set out in subsection 21.M.
   
   

7. DATA SUBJECT RIGHTS

   Company shall notify Business Subscriber within five (5) business days if it receives a request from a data subject under any Data Protection Laws in respect of Personal Data processed on behalf of Business Subscriber. Company shall cooperate with Business Subscriber to enable the Business Subscriber to comply with any exercise of rights by a Data Subject under any Data Protection Laws in respect of Business Subscriber Personal Data and comply with any assessment, inquiry, notice or investigation under any Data Protection Laws in respect of Business Subscriber Personal Data or this Section 21, including, where applicable, providing such assistance as is reasonably requested by the Business Subscriber to enable the Business Subscriber to comply with the relevant request within the timescales prescribed by the Data Protection Laws.
   
   

8. PERSONAL DATA BREACH

   Company shall notify the Business Subscriber within forty-eight (48) hours, upon becoming aware of a Personal Data Breach, providing the Business Subscriber with sufficient information which allows the Business Subscriber to meet any obligations to report a Personal Data Breach under the Data Protection Laws.
   
   Company shall cooperate with the Business Subscriber and take such reasonable commercial steps as are directed by the Client to assist in the investigation, mitigation and remediation of each Personal Data Breach.
   
   

9. DATA PROTECTION IMPACT ASSESSMENT AND PRIOR CONSULTATION

   Company shall provide reasonable assistance to the Business Subscriber with any data protection impact assessments which are required under Article 35 GDPR and with any prior consultations to any supervisory authority of the Business Subscriber which are required under Article 36 GDPR, in each case solely in relation to Processing of Client Personal Data by Company on behalf of the Business Subscriber and taking into account the nature of the Processing and information available to Company.
   
   

10. DELETION OR RETURN OF BUSINESS SUBSCRIBER PERSONAL DATA

    If either (a) the Processing of Business Subscriber Personal Data by Company ceases (as determined by Company in its sole discretion) or, (b) the Services are terminated (either by Company or by you), Company shall use reasonable commercial efforts to make the Business Subscriber Personal Data available to the Business Subscriber for no more than one (1) year from such cessation or termination of Services (whichever is earlier). Thereafter, Company reserves the right, in its sole discretion, to promptly delete the Business Subscriber Personal Data processed by Company and to instruct any Authorized Subprocessor to do the same. For avoidance of doubt, any Business Subscriber Personal Data may be deleted sooner if requested by a person (or their authorized agent) in accordance with the applicable laws of such person’s jurisdiction. If a transfer of the Business Subscriber Personal Data is timely requested by Business Subscriber, Company shall use reasonable commercial efforts to securely transfer such data in a format deemed appropriate by the Company (or in such format that is mutually agreed upon in writing by Company and Business Subscriber). Notwithstanding anything to the contrary, Company’s decisions to retain, delete or otherwise use any or all of the Business Subscriber Personal Data shall be in accordance with and subject to Company’s data retention policies and all applicable laws.
    
    

11. AUDIT RIGHTS

    On reasonable request and at Business Subscriber’s expense, Company shall cooperate in the conduct of any audit or inspection, reasonably necessary to demonstrate Business Subscriber’s compliance with the obligations laid down in these terms and conditions, provided always that this requirement shall not oblige Company to provide or permit access to information concerning (i) Company internal pricing information; (ii) information relating to Company’s other customers; (iii) any of Company’s non-public external reports; or (iv) any internal reports prepared by Company’s internal audit function. Business Subscriber will give Company reasonable notice of any audit or inspection to be conducted and shall avoid causing of any damage, injury or disruption to Company’s equipment, personnel and business in the course of such an audit or inspection. Further a maximum of one audit or review may be activated under this section in any twelve (12) month period.
    
    

12. GENERAL TERMS FOR PROCESSING

    Any obligation imposed on Company under this Section 21 in relation to the Processing of Personal Data shall survive any termination or expiration of the services to Business Subscriber. With regard to the subject matter of this Section 21, in the event of inconsistencies between the provisions of this Section 21 and any other agreements between the parties, including but not limited to the Terms and Conditions, the provisions of this Section 21 shall prevail with regard to the parties’ data protection obligations for Personal Data of a Data Subject from a Member State of the European Union or European Economic Area. Should any provision of this Section 21 be invalid or unenforceable, then the remainder of this Section 21 shall remain valid and in force. The invalid or unenforceable provision shall be either (i) amended as necessary to ensure its validity and enforceability, while preserving the parties’ intentions as closely as possible or, if this is not possible, (ii) construed in a manner as if the invalid or unenforceable part had never been contained therein.
    
    

13. DETAILS OF PROCESSING OF BUSINESS SUBSCRIBER PERSONAL DATA

    This subsection 21.M. includes certain details of the Processing of Business Subscriber Personal Data as required by Article 28(3) GDPR.
    
    

    Subject matter and duration of the Processing of Client Personal Data

    The subject matter and duration of the Processing of the Client Personal Data are set out in the Terms and Conditions and this subsection 21.
    
    

    The nature and purpose of the Processing of Client Personal Data

    Market research
    
    

    The types of Client Personal Data to be Processed

    Name and email address
    
    

    The categories of Data Subject to whom the Client Personal Data relates

    Participants in market research communities
    
    

    The obligations and rights of Business Subscriber

    The obligations and rights of Business Subscribers are set out in the Terms and Conditions and this subsection 21.
    
    

    Description of Authorized Subprocessors

    Amazon Web Services, Inc.
    410 Terry Ave N.
    Seattle, WA 98109-5210 USA
    Salesforce.com, Inc.
    The Landmark @ One Market Street
    San Francisco, CA 94105 USA
    TangoCard, Inc.
    4645 40th Ave SW, Ste. 204
    Seattle, WA 98116