AskNicely Privacy Policy – for email recipients

1.1 Welcome to Ask Nicely. Ask Nicely is a customer survey software (and associated website) provided by Ask Nicely Limited (“us”, “we”) at http://www.asknice.ly (“Ask Nicely”). We specialise in providing businesses (our “Clients”) with personalised Net Promoter Scores and feedback from their customers (“you”).

1.2 You are reading this Privacy Policy because you have received a request from Ask Nicely 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 the New Zealand Privacy Act 1993. We want to make sure that you understand how your personal information is used so please read this Privacy Policy carefully.

2. HOW ASK NICELY 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 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 they have provided to us. We only use Customer Information for the purpose of communicating with you on behalf of that Client (eg 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 opt out of receiving our emails by clicking the unsubscribe button located at the bottom of the email that you received.

3. WHAT WE DO WITH THE INFORMATION THAT 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 Ask Nicely, 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 they will contact you through Ask Nicely 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 will 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 permitted by New Zealand law. However, because information transferred over the internet is inherently insecure we will not be held responsible for events arising from unauthorised access of your personal information.

4. INFORMATION RELATED TO PRIVACY SHIELD

We have have certified our data processing activities under the EU-U.S. Privacy Shield Framework . Our certification will be found here: https://www.privacyshield.gov/list

We comply with the EU-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 to the United States.

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.

We are subject to the investigatory and enforcement powers of the 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 Framework and subsequently transfer it to a third party agent or service provider for processing, then we remain liable if such third party agent or service provider processes your personal data in a manner inconsistent with the Framework’s principles.

5. CHANGES TO OUR PRIVACY POLICY

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

6. CONTACT US

6.1 If you have any questions about this Privacy Policy, the practices of Ask Nicely:

Email: privacy@asknice.ly

Telephone: +1 (888) 737-0247

Post: Unit 1, Lvl 1, 63 Ponsonby Rd, Ponsonby 1011, Auckland, New Zealand

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 data using your email address.

7. MORE INFORMATION ABOUT PRIVACY

7.1 This Privacy Policy is governed by New Zealand law. For more information about privacy issues in New Zealand and protecting your privacy, visit the New Zealand Privacy Commissioner’s website: www.privacy.org.nz.

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NPS is a registered trademark, and Net Promoter Score and Net Promoter System are service marks, of Bain & Company, Inc., Satmetrix Systems, Inc. and Fred Reichheld.