Privacy Policy
Updated March 13, 2008
Your privacy is important to us. MarketTools, Inc., through our Zoomerang service, has created this Privacy Policy to let you know what information we collect when you visit our www.zoomerang.com site, why we collect it and how it is used.
In Part II of this policy, the term "you" refers to the User utilizing our www.zoomerang.com site; in Part I of this policy, the term "you" refers to the person receiving or responding to a User’s survey ("Survey Respondent"). "Users" are users of the Zoomerang service who register to build and deploy surveys and who from time to time might purchase other services offered by Zoomerang. The terms "MarketTools," "Zoomerang," and "we" refer to MarketTools, Inc. This Privacy Policy is governed by our Terms of Use. By using this web site, you consent to the data practices described in this policy.
"Personally Identifiable Information" means any information that may be used to identify an individual, including, but not limited to, a first and last name, home or other physical address, email address, phone number, or other contact information, whether at work or at home. We ask for your personally identifiable information at several points on our website. When purchasing a service through the website we also ask for your financial information, such as your credit card number.
Please be aware that this Privacy Policy and the choices you make on this web site will not necessarily apply to personal information you may have provided to MarketTools in the context of other, separately operated, MarketTools products or services, such as Zoompanel.com.
MarketTools, Inc. is a licensee of the TRUSTe Privacy Program. TRUSTe is an independent, non-profit organization whose mission is to build user’s trust and confidence in the Internet by promoting the use of fair information practices. This privacy statement covers the site www.zoomerang.com. Because this Web site wants to demonstrate its commitment to your privacy, it has agreed to disclose its information practices and have its privacy practices reviewed for compliance by TRUSTe.
If you have questions or concerns regarding this statement, you should first contact Zoomerang at privacy@zoomerang.com or write to Zoomerang, 150 Spear Street, Suite 600, San Francisco, CA 94105. If you do not receive acknowledgement of your inquiry or your inquiry has not been satisfactorily addressed, you should contact TRUSTe at http://www.truste.org/consumers/watchdog_complaint.php. TRUSTe will then serve as a liaison with us to resolve your concerns.
This site complies with the EU Safe Harbor framework as set forth by the Department of Commerce regarding the collection, use, and retention of data from the European Union.
What is Zoomerang?
Zoomerang is a survey clearinghouse that that enables our Users to create surveys and questionnaires for distribution to Survey Respondents. Zoomerang is committed to its policy of protecting the privacy and confidential information of our Users, as described in Part II of this policy. We also protect the privacy of Survey Respondents (other than ZoomPanelists) as described in Part I of this policy. Part II of our Privacy Policy applies only to our Users, who are subscribers to our Zoomerang service. MarketTools’ privacy practices related to ZoomPanel members are described in the Zoompanel.com privacy policy, not in this Privacy Policy.
Part I. Survey Respondents
MarketTools’ Zoomerang is a hosting service only. Our Users (as that term is defined in the Terms of Use) use our service to send surveys to Survey Respondents or to post survey links on a website. Survey Respondents may be clients, employees, suppliers, etc. of our Users or they may be ZoomPanel members. [MarketTools’ Zoomerang service complies with the United States/European Union Data Protection Safe Harbor Arrangement (the "Safe Harbor") regarding the processing of data from the European Union. As described in the Safe Harbor,] MarketTools acts as a "Data Processor" (a company that processes Personally Identifiable Information on behalf of a Data Controller) and each MarketTools User acts as a "Data Controller" (a company that determines the purposes for which and the means by which the Personally Identifiable Information is processed). To "process" information means to carry out an operation or set of operations on the information, such as collecting, recording, storing, disclosing, or organizing it.
Information that Survey Respondents provide to Users passes through our service and resides on our servers. That information may be stored and processed in the United States or any other country in which MarketTools or its agents, acting on behalf of MarketTools, maintain facilities.
As a Data Processor, MarketTools will only process Personally Identifiable Information of Survey Respondents pursuant to the instructions of the applicable User. MarketTools may use the services of third-party Data Processors to process Personally Identifiable Information in accordance with purposes identified for such information by the applicable User. Third-party service providers are prohibited from using Personally Identifiable Information for any secondary reasons. Except as provided in Part I of this Privacy Policy, MarketTools will not intentionally transfer or provide access to Personally Identifiable Information of Survey Respondents to any person without express instructions from the applicable User.
Survey Respondents should refer to the User or its website to understand the privacy practices that apply to the information that the User is collecting. MarketTools does not review, comment upon, or monitor its Users’ compliance with their respective privacy policies. MarketTools is not responsible to Survey Respondents for the privacy practices of Users. Survey Respondents who provide Users with data and other information do so at their own risk. Survey Respondents should also contact the User concerning their ability to access and make changes to information they have provided to the User.
Our Terms of Use require that, prior to sending a survey to a recipient other than a ZoomPanel member who has signed up to receive such surveys, a User must have an ongoing business or personal relationship with a Survey Respondent, or the User must have obtained the prior consent of a Survey Respondent to send emails to the Survey Respondent through our site. Our Terms of Use also require the User who is sending a survey invitation or a survey to take full responsibility for its subject matter and contents.
MarketTools does not initiate communications with Survey Respondents of our Users’ surveys. We rely on our Users to assume responsibility for all communications to and from their Survey Respondents, including the protection of information they receive from Survey Respondents.
Users are responsible for informing Survey Respondents about the purpose for which Personally Identifiable Information is collected and used, for protecting that information once it has been collected, and for providing clear direction on further disclosure or non disclosure of the information. Users are responsible for providing Survey Respondents the opportunity to opt out of receiving communications from the User through our service.
When a Survey Respondent uses the MarketTools site to fill out a survey, our servers (which are hosted by a third-party service provider) may collect information indirectly and automatically (through, for example, the use of "cookies" or your "IP address") about your activities on the site while responding to the survey. We use this browsing information, in non-personally identifiable form, for internal purposes such as to help understand how the site is being used and to improve it, and for systems administration purposes.
Cookies are small pieces of information stored on a Survey Respondent’s hard drive, not on our site. Cookies allow us to better understand how Survey Respondents use the site, which in turn helps us focus our resources on improvements to the site. We use session cookies, which expire when the browser window is closed, and persistent cookies to keep track of which survey(s) a particular Survey Respondent has answered. Zoomerang also utilizes third-party cookies on the Zoomerang site for web analytics purpose only. A Survey Respondent is always free to decline our cookies if her browser permits, but in that case, the survey site may not operate properly or a Survey Respondent may be prompted to fill out the same survey multiple times at a User’s site. An IP address is a number that is automatically assigned to a computer when it is used on a network like the Internet. In some cases the computer’s IP address stays the same from browser session to browser session; but, for computers connecting to the Internet via consumer Internet access providers, the IP address generally varies from session to session.
In some cases, we enable Users to use unique identifiers, such as unique survey ids for each survey respondent, which enables them to determine which emails have generated responses. This allows Users to gauge the effectiveness of certain communications and to exclude those persons who have already responded to a certain message from duplicate messages.
MarketTools uses industry-standard security measures to protect the integrity and confidentiality of Personally Identifiable Information it processes on behalf of Users, including, in appropriate circumstances, the use of firewalls and restricted access. MarketTools limits access to Personally Identifiable Information to those persons in MarketTools’ organization who have a business need to process such Personally Identifiable Information. However, no company, including MarketTools, can fully eliminate the security risks associated with such information.
Due to factors beyond MarketTools’ control, MarketTools cannot ensure that Personally Identifiable Information will not be disclosed to third parties. For example, MarketTools may become legally obligated to disclose such information, or, despite precautions, third parties may circumvent security measures to intercept or access such information.
If another company acquires MarketTools or substantially all of its assets, that company will (a) possess the Personally Identifiable Information of Survey Respondents held by MarketTools, and (b) assume the rights and obligations regarding such information described in this Privacy Policy. (Please see "Changes to this Privacy Policy" section below.)
Any questions, comments, or complaints about the data practices (including without limitation compliance with the data privacy principles of notice, choice, onward transfer, access, security, data integrity, or enforcement) of a User should be directed to that User. If a survey respondent wishes to opt out of communications from the survey sender they may do so by replying to the original survey invitation or by contacting Zoomerang at info@zoomerang.com or Zoomerang, 150 Spear Street, Suite 600, San Francisco, CA 94105.
Part II. Users
What Personally Identifiable Information does Zoomerang collect and what does Zoomerang do with it?
Upon registration, we ask our Users to provide us with certain Personally Identifiable Information such as their name, country of residence and email address. We use this information to establish individual accounts and lockers, protected by a password, that the User selects. In addition, we use the email address supplied by the User in the registration process to confirm registration, and to send notices and updates to the User concerning the services and the site. We will also add the User to Zoomerang’s mailing list if requested during registration.
Zoomerang also automatically receives and records information on our server logs from your browser, including your IP address, cookie information and the page you request. This information helps us to make the site better and more user-friendly. We also collect, with either cookies or web logs, a User’s IP address and login times that are identified by individual user. Finally, we collect the surveys and survey results that you have either deployed or participated in.
NOTE TO PARENTS AND MINORS: We urge minors to check with their parents before entering information on this or any other web site. We do not knowingly collect information on children under the age of 13.
Does Zoomerang disclose my Personally Identifiable Information or other information I input into the site to anyone?
We recognize that, in addition to your Personally Identifiable Information, you may also enter other information into the Zoomerang site. Such other information may include email lists, information about your Survey Respondents, and other data useful to you. We do not disclose your Personally Identifiable Information or such other information to other Users or any other third parties, unless you expressly agree to such disclosure or it is required by law, and except for such information that may be necessary for us to share with our trusted internal and third-party service providers for the operation of our business and the tracking and management of the information we collect from you and other Users. We employ other companies to help perform functions on our behalf. Examples include sending processing credit card transactions, and CRM (Customer Relation Management) programs utilized by Zoomerang’s customer service team. They have access to personal information needed to perform their functions, but may not use it for other purposes.
We may also disclose Personally Identifiable Information or other information if required to do so by law or in the good faith belief that such action is necessary to: (1) conform to the edicts of the law or comply with legal process served on MarketTools or this site; (2) protect and defend the rights or property of MarketTools; or (3) act in urgent circumstances to protect the personal safety of users of MarketTools, its web sites or the public. If MarketTools (or our Zoomerang service) should ever file for bankruptcy or merge with another company or entity, we may sell the information you provide to us on this site to a third party or share your information with any company with whom we merge. (Please see “Changes to this Privacy Policy” section below.) We do not link the information we store in cookies to any personally identifiable information you submit while on our site. If you provide Zoomerang with a testimonial to be posted on this Web site, you should be aware that any personally identifiable information you provide can be read, collected, or used by other users of this site. We are not responsible for the personally identifiable information you choose to provide for a testimonial on this site.
Please note that if we believe that you have breached the Terms of Use for use of this site, especially with regard to our strict ban on transmitting, publishing or distributing pornographic, obscene, offensive, threatening, harassing, libelous, hate-oriented, harmful, defamatory, racist, illegal or otherwise objectionable materials or content, we will report such conduct to the appropriate authorities and turn over any and all information, including Personally Identifiable Information and other information you have input into the site, to appropriate law enforcement persons or entities.
How does Zoomerang store my Personally Identifiable Information? What are the security measures?
Zoomerang stores Personally Identifiable Information and other personal information of Users in databases protected by passwords as well as database and network firewalls to prevent the loss, misuse or alteration of personal information. When you subscribe to Zoomerang, you enter sensitive information on our registration page, we encrypt that information using secure socket layer technology (SSL). To learn more about SSL follow this link. Unfortunately, no method of transmission over the Internet, or method of electronic storage, is 100% secure. Therefore, while we are vigilant in protecting the personal information that you transmit to us, we cannot guarantee its absolute security.
Can I edit or delete my Personally Identifiable Information on this site?
You can edit your Personally Identifiable Information by logging into your Zoomerang account and selecting the My Account page, you may edit or delete your Personally Identifiable Information here. You can also request that we remove your registration information from our current database by clicking on the following Support Link. We will respond to your request within 2 business days.
Does Zoomerang do anything with survey responses?
No. We will not use or disclose any survey response information without a User’s permission through an email or other written authorization, except as provided above. However, Users may access surveys they have built and their results/data through their individual accounts and lockers protected by a password they have selected.
International Transfers
Personally Identifiable Information collected on this site may be stored and processed in the United States or any other country in which MarketTools or its agents, acting on behalf of MarketTools, maintain facilities, and by using this site, you consent to any such transfer of information outside of your country. Our Privacy Policy applies to your Personally Identifiable Information wherever we store or process it.
Third -Party Sites
Please be aware that some of the Web sites you may choose to link to from our site may collect Personally Identifiable Information and other information about you. The practices of those Web sites concerning the Personally Identifiable Information or other information they collect from you are not covered by this Privacy Policy.
Changes to this Privacy Policy
We reserve the right to modify this privacy statement at any time, so please review it frequently. If changes are made to this policy, we will notify you of the changes via email and post a notice on our home page and other places we deem appropriate so that you are aware of what information we collect, how we use it and under what circumstances, if any, we disclose it. As always, if you do not agree with our Privacy Policy or any changes to it, you should cease using this site. If you continue to use this site after we have posted a notice that changes have been made to this policy, you will be deemed to have accepted those changes.
Contacting Zoomerang
If you have questions regarding this Privacy Policy, please contact Zoomerang at privacy@zoomerang.com or Zoomerang, 150 Spear Street, Suite 600 San Francisco, CA 94105.