1. For Email Recipients
1.5 Choice: You have the opportunity to choose whether your personal information is to be disclosed to a third party or used for a purpose other than the purpose for which it was originally collected or subsequently authorized by you. When we email a survey to you, we give you an unsubscribe link to allow you to opt out of further communications from us. By clicking the privacy link in that same emailed survey, you may request the deletion of your personal information, stopping the disclosure to any third parties or further use. If you cannot find the survey that was sent to you, you may email email@example.com for assistance.
2. How AskNicely Works
2.1 Our Clients provide us with information relating to their customers, which may include their customers’ names, email addresses, and relevant business identifiers such as account numbers (“Customer Information”). Clients provide Customer Information to us directly or by connecting us with their CRM (customer resource management) or customer email database(s) via an app or API. We then automatically send survey request emails on behalf of that Client to the email addresses that it has provided to us. We only use Customer Information for the purpose of communicating with you on behalf of that Client (e.g., to obtain customer sentiment ratings and other customer feedback for that Client).
2.2 Our Clients are solely responsible for ensuring that their provision of Customer Information to us complies with all applicable privacy or data protection laws and agreements that they have entered into. If you don’t want to provide customer feedback please disregard our email or you can choose opt out of receiving our emails by clicking the unsubscribe button located at the bottom of the email that you received.
2.3 Our Clients have committed not to provide information about their customers who are under the age of 16, and we do not knowingly collect personal information from persons under the age of 16. If you believe we have collected such information, please contact us and we will promptly delete it.
3. What We Do with the Information We Collect
3.1 We will share any customer sentiment ratings or other customer feedback that you provide to us about a Client with that Client. The Client will be able to personally attribute to you any customer sentiment rating and other feedback that you provide.
3.2 The Client may, through AskNicely, use your Customer Information to follow up or reply to a customer sentiment rating or other customer feedback that you provide.
3.3 The Client may also wish to publish some or all of the customer feedback that you provide (for example, in the form of a customer testimonial), but the Client will contact you through AskNicely prior to doing so.
3.4 We may use customer sentiment ratings that you provide to us for our own analytical and commercial purposes (for example, industry benchmarking), but this data will be anonymized so that it does not identify you personally.
3.5 We will securely store Customer Information and any feedback that you provide (including any personal information that you directly provide in that feedback) for as long as our Clients require and, in any event, no longer than permitted by applicable law. We have enacted safeguards to protect your information from unintended disclosure, but, because no data security program is perfect, we cannot eliminate all risk of unauthorized access of your personal information.
3.6 You have no obligation to provide feedback for any of our Clients, and you will face no consequences if you decline to provide this information.
3.7 AskNicely complies with orders and subpoenas from courts and government agencies acting within the scope of their jurisdiction for information in our possession.
3.8 AskNicely also passively collects “Usage Information,” which includes the IP address or other device identifiers; the type of browser, device, and operating system a user employs; the URL that referred users to our website; how and when users interact with our website; and other similar information. In particular, we collect information about the manner in which our website is used and the devices on which the services are used and to collect data to improve the performance and features of our website. If we combine Usage Information with Personal Information, we will treat the combined data as Personal Information. The Usage Information we access, collect, and/or monitor can include location data, such as geographic information regarding the location of the accessing device. Location data may help us understand where our platforms are being used. Location data, however, is only displayed and shared in accordance with the privacy settings in each user’s device or browser software.
4. Information Related to Privacy Shield
We have certified our data processing activities under the EU-U.S. Privacy Shield Framework. Our certification can be found here: https://www.privacyshield.gov/list.
We comply with the EU-U.S. Privacy Shield Framework and Swiss-U.S. Privacy Shield Framework as set forth by the U.S. Department of Commerce regarding the collection, use, and retention of personal information transferred from the European Union and Switzerland to the United States. AskNicely has certified to the Department of Commerce that it adheres to the Privacy Shield Principals.
We commit to cooperate with EU data protection authorities (DPAs) and the Swiss Federal Data Protection and Information Commissioner (FDPIC) and comply with the advice given by such authorities with regard to human resources data transferred from the EU and Switzerland in the context of the employment relationship.
In compliance with the Privacy Shield Principles, we commit to resolve complaints about our collection or use of your personal information. EU individuals with inquiries or complaints regarding our Privacy Shield policy should first contact us at firstname.lastname@example.org
We have further committed to refer unresolved Privacy Shield complaints to the American Arbitration Association (“AAA”), an alternative dispute resolution provider located in the United States. If you do not receive timely acknowledgment of your complaint from us, or if we have not addressed your complaint to your satisfaction, please contact the AAA at http://go.adr.org/privacyshield.html for more information, or to file a complaint. There is the possibility, under certain conditions, for an individual to invoke binding arbitration as indicated by Annex I of the Privacy Shield Framework. The services of the AAA are provided at no cost to you.
Our compliance with the Privacy Shield Framework is subject to the investigatory and enforcement powers of the U.S. Federal Trade Commission (“FTC”), and individuals have a right to contact the FTC regarding services we provide. In certain situations, we may be required to disclose personal data in response to lawful requests by public authorities, including to meet national security or law enforcement requirements.
5. Intellectual Property
7. Warranty Disclaimer
Information about privacy issues in New Zealand and protecting your privacy, visit the New Zealand Privacy Commissioner’s website: www.privacy.org.nz
We share your name and email address with AskNicely, a service provider that helps us to determine how satisfied our customers are with our products and services using surveys that are sent directly to you. We require AskNicely to maintain reasonable safeguards to protect your personal information and to use the personal information we provide to it solely for the purpose of surveying you about your satisfaction. If you would like to opt out of receiving messages from AskNicely, you can click the unsubscribe button at the bottom of any email you receive from it. You may also opt out of our sharing of your data with AskNicely by notifying us by emailing email@example.com