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AskNicely Privacy Policy

For email recipients

Last updated: July 4, 2019

1.1 Welcome to AskNicely. AskNicely is a customer survey software (and associated website) provided by AskNicely, AskNicely, Inc. and Ask Nicely Holdings, Inc. (“us” or “we”) at http://www.asknice.ly (“AskNicely”). We specialize in providing businesses (our “Clients”) with personalized “Net Promoter Score”, CSAT, CES and feedback from their customers (“you”). This privacy policy (“Privacy Policy”) was last updated on July 4, 2019.

1.2 You are reading this Privacy Policy because you have received a request from AskNicely on behalf of one of our Clients and would like to know more about how your personal information is being used.

1.3 We do our best to protect your privacy and to treat your personal information as required by all applicable privacy laws. We want to make sure that you understand how your personal information is used, so please read this Privacy Policy carefully.

1.4 For legal purposes, our Clients are the controllers of the personal information they provide to us because they control the purposes and means of processing your personal information. We process the personal information as they direct. Please refer to our Client’s privacy policy or notice for more information about how they collect and use your information, how to exercise any rights you may have with respect to your data, the purposes and legal bases for their collection of your data, or other questions about the way in which they process personal information. To the extent you contact us about these issues, we may pass your questions and requests to our Clients to allow them to respond.

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.

If there is any conflict between the terms in this Privacy Policy and the Privacy Shield Principles, the Privacy Shield Principles shall govern. To learn more about the Privacy Shield program, and to view our certification, please visit https://www.privacyshield.gov/.

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 support@asknicely.com.

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 www.adr.org/Support 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.

Where we have received your personal data under the Privacy Shield Framework and subsequently share it to a third-party agent or service provider for processing, then we remain responsible for ensuring the third-party agent or service provider processes your personal data in a manner consistent with this Privacy Policy and the Privacy Shield Framework’s principles. We also ensure that the third-party agent or service provider does not use your personal information for any purpose beyond those set forth in this Privacy Policy.

5. Changes to Our Privacy Policy

We may amend or update this Privacy Policy from time to time, with or without notice to you. By providing feedback about a Client, you agree to be bound by the Privacy Policy that is in effect at that time. Revised versions will be effective immediately once posted on our website.

6. Contact Us

If you have any questions about this Privacy Policy or the privacy-related practices of AskNicely, please contact us at privacy@asknice.ly.

If you would like to request access to, correction of, or deletion of your personal information, click the “privacy” link located at the very bottom of the last email survey you received. Follow the steps on the following page to access your personal information using your email address.

7. More Information About Privacy

Information about privacy issues in New Zealand and protecting your privacy, visit the New Zealand Privacy Commissioner’s website: www.privacy.org.nz.

Policies

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 hello@asknicely.com .

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