Privacy Policy

We are committed to protecting your privacy and providing a safe online experience for all our users while offering the highest quality of services. This Privacy Policy describes what personal information Wendal Inc. and its affiliated companies including Infotap™ (collectively, "Infotap™", "we" or "us") gathers and how we use it, the rights afforded to you under certain data protection laws, and the measures we maintain and implement to safeguard personal information provided to us.

This Privacy Policy addresses how we collect, use, and retain personal information on individuals who access our website, infotap.com, editor.infotap.com, survey.infotap.com (collectively the "Website"), use the survey application ("SmartForms™"), take part in a survey, sponsor or host surveys through our sponsored survey marketplace (the "Marketplace"), or who otherwise provide us information for our routine business purposes.

IF YOU DO NOT AGREE WITH HOW INFOTAP™ COLLECTS, USES, AND DISCLOSES YOUR PERSONAL INFORMATION, INCLUDING THE DISCLOSURE OF YOUR SURVEY RESULTS WITH THIRD PARTIES, THEN DO NOT ACCESS INFOTAP'S™ WEBSITE OR PARTICIPATE IN INFOTAP'S™ SURVEYS. ANY ACTIVE PARTICIPATION IN INFOTAP'S™ PROFESSIONAL SURVEYS WILL BE DEEMED YOUR CONSENT TO, AND ACCEPTANCE OF, THIS PRIVACY POLICY.

Defining Personal Information

For purposes of this Privacy Policy, the term "personal information" refers to any information that can be used to distinguish or trace an individual's identity, either alone or when combined with other personal or identifying information, that is linked or linkable to a specific individual, and that is subject to, or otherwise afforded protection under, a data privacy law, statute, or regulation.

The Personal Information We Collect and Why We Collect It

Users Accounts.

We collect personal information on all individuals who register for, and create a profile on, our Website. Here, you are required to provide your name, email address (which serves as your username), and an account password, unless you sign in with Microsoft or Google, in which case that provider confirms your name and email address to us. You may also add a job title and a profile photo. If you do not provide this information, then we will be unable to verify your registration and provide you with a user account and profile. We keep a record of your account, the accounts you belong to, and your sign-in sessions in order to provide and secure the service.

Surveys and Responses.

Infotap's™ Surveys are designed to collect and analyze information to assist our customers and other individuals in making decisions about their business. The questions in each survey are written by the customer who owns it, so the information you are asked for depends on the survey. When you take part in a survey, we collect:

• Your answers, including anything you type into an open text answer, and when you started and finished.
• Technical details about your device: the type of device, operating system, browser, and browser language, and the language you take the survey in.
• Your location, only when a survey uses location to decide which survey to show and your browser asks for, and you grant, permission. We record the location you allowed, or that location was not available.
• Limited details from the link you followed, such as the venue or zone the survey was shown in and standard campaign tags. We do not store other information in the link.
• A random visitor identifier, kept in a cookie on your device, which lets us recognize a returning visitor without knowing who you are, together with cookies that remember your progress through a survey.

We do not store your IP address with your survey responses. Your responses belong to the customer who owns the survey; see "Survey Owners and Sponsors" below.

Sponsored Surveys.

Through the Marketplace, businesses ("Sponsors") pay to have their surveys shown at participating locations ("Venues"), for example on a Venue's guest Wi-Fi sign-in page. If you are shown a sponsored survey, the survey is the Sponsor's, and the Sponsor receives your responses to it as described below. To make sure each device counts only once toward a sponsored survey, we use the device identifier that the Venue's Wi-Fi sign-in page provides, but we never store the identifier itself: we store only a one-way code, created separately for each sponsored survey, which cannot be turned back into the identifier and is not linked to your responses, your visitor identifier, the Venue, or the time. These codes are deleted shortly after the sponsored survey ends.

Response Quality Checks.

We check responses automatically for signs that they are not genuine, such as empty or nonsensical answers, including by using an artificial intelligence service to judge whether an open text answer relates to the question (see "Artificial Intelligence" below). The result decides whether a response counts toward, and is billed to, a sponsored survey. It is not used to make any decision about you.

Marketplace Accounts and Payments.

Sponsors pay by card through our payment processor, Stripe. Card details are entered directly with Stripe and never reach our servers; we keep only Stripe's references to your saved cards, the card brand and last four digits, your billing address, and the amounts and sales tax charged, which we use for billing, receipts, and tax records. When a member of a Sponsor or Venue account accepts our Marketplace terms, we record who accepted which version and when, together with the IP address and browser details of the request, as evidence of that acceptance. We also keep records of Marketplace activity, such as campaign approvals and Venue earnings, to run the Marketplace and pay Venues.

Consumer Inquiries & Communications.

There may be other times where you provide Infotap™ with information about yourself or others. For example, Infotap's™ helpline or a sales representative, you may provide your personal information, such as contact data (e.g., name, address, telephone, email) and other personal information related to your communication (e.g., employer, consumer preferences, and interests). We will collect and retain the personal information that we think is reasonably necessary to your inquiry or that is otherwise related to your communication. We will collect and retain such information in accordance with the purposes you provided it, and with our legitimate business interests. Support requests you raise from within the application are recorded, with your name, email address, and account, in our customer relationship management system so that our team can answer them, and we use the same system to send you service and Marketplace emails, such as notices about your campaigns, Venue requests, payments, and earnings.

Vendors, Suppliers, and Similar Business Contacts.

In addition, we may collect and process the following categories of personal information concerning our customers, vendors, suppliers, and similar business contacts: name, contact details, job title, bank account details and financial information (including credit/income history), transaction history, and business correspondence and communications. We process this information to facilitate routine and common business practices, such as those related to sales orders and management, promotion and quotation submitting, warranty management, credit collection, compliance with legal requirements, tax and accounting purposes, and defense or promotion of our interests and claims.

Artificial Intelligence

We use artificial intelligence services from Anthropic (Claude) and Microsoft (Azure OpenAI) to provide parts of the service: to analyze survey responses and produce reports for the survey owner, to translate surveys and responses, to check whether open text answers relate to the question, to review Sponsors' survey content before it is shown at Venues, and to suggest survey questions to survey creators. The text needed for each task, which can include survey responses, is sent to the provider to perform that task and is handled under our agreements with them. We do not use these services to make decisions that produce legal or similarly significant effects on anyone.

Deidentified and Aggregated Data

Cookies and Automated Tracking.

Our Website uses Google Analytics, the LinkedIn Insight Tag, Microsoft Clarity (which records how visitors move through and interact with our pages), and Microsoft Dynamics 365 Customer Insights to understand how the Website is used and how well it performs. These tools set cookies and collect information such as the pages you visit, how you reached the Website, and your device and browser. They run only as allowed by the choices you make in our cookie banner, and we honor the Global Privacy Control signal as a request to opt out of them. Our Cookie Policy lists each tool and explains your choices. You can also prevent Google Analytics from using your data with the browser add-on at tools.google.com/dlpage/gaoptout.

The survey editor at editor.infotap.com uses Microsoft Clarity to understand how the editor is used and to improve it. Survey pages use no advertising or visitor analytics tools. We use Microsoft Azure Application Insights to monitor the reliability and performance of our services.

Tracking & Cookies Data.

We use cookies and similar tracking technologies to track the activity on our Website and hold certain information. Cookies are files with small amount of data which may include an anonymous unique identifier. Cookies are sent to your browser from a website and stored on your device. Tracking technologies also used are beacons, tags, and scripts to collect and track information and to improve and analyze our Service.

Survey pages use cookies to hold your random visitor identifier, to remember which surveys you have started or finished and your place in them, and to remember that you have dismissed the cookie notice. These cookies can last for up to ten years unless you clear them. Signing in to Infotap™ sets a secure session cookie that keeps you signed in across our sites.

For more information on our use of cookies, see our Cookie Policy.

You can instruct your browser to refuse all cookies or to indicate when a cookie is being sent. However, if you do not accept cookies, you may not be able to use some portions of our Website.

Disclosure of Personal Data

We do not sell or rent your personal information to another business or a third party for monetary or other valuable consideration, and we only share or provide access to your personal information in the following circumstances:

Survey Owners and Sponsors.

Survey responses are made available to the customer who owns the survey, including a Sponsor for a sponsored survey. Survey owners can view summaries of responses, filter and read individual responses (for example, open text answers), and download responses, including the response's identifier, the random visitor identifier, start and finish times, and the answers. A survey owner may also connect its own systems to receive its responses. Survey owners use responses under their own privacy policies.

Venues.

Venues that show sponsored surveys receive counts of responses and their earnings, not individual responses to Sponsors' surveys.

Service Providers and Consultants.

Any personal information that is provided to Infotap™ is made available to our technical agents, service providers, and consultants who make our Website and other products and services available to you. These include Microsoft (Azure hosting, storage, and monitoring; Dynamics 365 for customer relationships, support requests, and email; Microsoft sign-in; Azure OpenAI; Clarity), Google (Analytics and Google sign-in), LinkedIn, Anthropic (artificial intelligence), Stripe (payments and sales tax), Twilio SendGrid (account emails such as password resets and invitations), and Cloudinary (image hosting). We may also disclose your personal information to agents and third-party consultants to assist with routine business administration, our legal and regulatory compliance, or to investigate or defend our business interests.

Required Disclosures.

We may disclose personal information with courts, tribunals, opposing or other related parties to any legal proceedings and their professional advisors, in response to a court order, subpoena, civil discovery request, other legal process, or as otherwise required by law.

Legal Compliance and Protecting Infotap's™ Interests.

We may disclose your personal information with any third party when we believe disclosure is necessary to comply with the law or to protect Infotap's™ rights, interests, or property. We reserve the right to investigate any fraudulent or other activities involving Infotap's™ property or interests, including our Surveys, and to disclose any information reasonably necessary for any of these purposes, including to law enforcement or regulatory authorities and with any other organization.

Corporate Restructuring.

We may disclose your personal information in the event of a merger, divestiture, restructuring, reorganization, dissolution, or other sale or transfer of some or all of Infotap's™ business or assets, whether as a going concern or as part of bankruptcy, liquidation, or similar proceeding, in which your personal information held by Wendal or our Website users is among the assets transferred.

Data Retention Policy and Criteria

For individuals who participate in Infotap's™ Survey or otherwise engage with us as a consumer, Infotap™ retains your personal information for the time period reasonably necessary to satisfy the purpose for which it was collected or as long as necessary to comply with legal obligations or for the establishment, exercise or defense of a legal claim. For our vendors, suppliers, and other business contacts, we retain your personal information for the duration needed to complete or facilitate our contract, agreement or engagement, and for a reasonable amount of time thereafter in accordance with our legitimate business needs and functions. To the extent that Infotap™ transmits and discloses your Survey, and your personal information associated with it, to Infotap's™ customers (i.e., third–party investors, corporate subscribers of Infotap's™ Surveys), the data and personal information will be subject to the data retention schedule set forth by Infotap's™ customers in their sole discretion. Account information is kept while the account is active and as needed afterwards for legal, billing, and tax purposes. Payment, receipt, and Venue earnings records, and records of acceptance of our Marketplace terms, are kept as long as needed for accounting, tax, and the establishment, exercise, or defense of legal claims. The one-way device codes used for sponsored surveys are deleted shortly after the sponsored survey ends.

Data Localization and International Transfers

The information (including personal information) that Infotap™ collects and uses is stored in the United States. If you are located outside of the United States, please be aware that information you submit to us will be transferred to the United States, and that the United States may not provide the same level of protection as the laws in your country. In addition, Infotap's™ third party service providers may collect and retain your information in a jurisdiction outside your country of residence. By continuing to provide us such information you hereby consent to the transfer of your information to the United States, or these other locations, in accordance with this Privacy Policy.

Data Safeguards

Infotap™ has implemented commercially reasonable measures to protect the personal information it collects from loss, misuse, and its unauthorized access, disclosure, alteration, and destruction. Please note that despite our reasonable efforts, no security measure is perfect or impenetrable, and we cannot guarantee the full security of your personal information. In other words, you provide us with your personal information at your own risk and we disclaim any liability for the loss, misuse, or compromise of your personal information.

Your Responsibilities and Representations

With regard to any personal information that you provide Infotap™, regardless of whether that personal information relates to you or a third party, you hereby represent and warrant to Infotap™ that (i) such personal information is accurate and complete, (ii) you have the lawful basis to provide Infotap™ with such personal information, and (iii) you have provided this Privacy Policy to, and received consent from, any third party whose personal information you have provided to Infotap™. You further represent that you are at least thirteen (13) years of age or older and any personal information provided to us relates to, and only to, an individual at least thirteen (13) years of age.

Your Rights and Privileges

Depending on the jurisdiction in which you reside, you may have the following rights with respect to the personal information. If you wish to exercise any of these rights, please contact us in accordance with the instructions provided below in the "Contact Information" section. We may need to collect and process information about you solely for the purpose of responding and satisfying any such data request.

Marketing.

You may, at any time, request that we stop sending you marketing or information-related materials by contacting us directly in accordance with the instructions provided below in the "Contact Information" section.

California Privacy Rights.

Pursuant to California's "Shine the Light" law, California residents who provide personal information (as defined in the applicable statute) to obtain products or services for personal, family, or household use are entitled to request and obtain from us, once a calendar year, information about the personal information we shared, if any, with other businesses for marketing uses. Outside of our customers who use our surveys to elicit responses from users, Infotap™ does not, at any time, share your personal information with a third party with whom we know, or have reason to believe, uses your personal information to undertake independent direct marketing. If you are providing answers to a survey from one of our customers, our customer's privacy policy may have different terms than our policy. If you have questions or concerns about Infotap's™ data processing activities, please contact in accordance with the instructions provided below in the "Contact Information" section, and we will seek to accommodate any question or request you may have.

Nevada Privacy Rights.

Pursuant to Nevada law, a "consumer" (as the term is defined therein), may, at any time, submit a verified request through a designated request address to an "operator" directing the operator not to make any sale of his or her personal information that the operator has collected or will collect about the consumer. For clarity purposes, Infotap™ does not sell or exchange your personal information for monetary consideration to a third party for the third party to license or sell the information to additional persons or parties.

Children's Privacy.

Our service does not address anyone under the age of 13 ("Children"). We comply with the requirements of COPPA (Children's Online Privacy Protection Act). We do not knowingly collect personally identifiable information from anyone under the age of 13. If you are a parent or guardian and you are aware that your Children has provided us with personal data, please contact us. If we become aware that we have collected personal data from Children without verification of parental consent, we take steps to remove that information from our servers. By using this Website, or otherwise engaging with Infotap™, you represent and warrant to Infotap™ that you are over the age of thirteen (13).

Do Not Track.

Some browsers have a "Do Not Track" feature, which permits you to inform websites you visit that you do not want them to track your online activity. These features are not yet uniform across browsers. At this time, Infotap's™ Website is not able to respond to "Do Not Track" browser requests. Our Website does honor the Global Privacy Control signal, as described under "Cookies and Automated Tracking" above.

European Union Privacy Rights.

If you are located in the European Economic Area, you may have certain rights with respect to the personal information we have about you. To the extent permitted by the European Union (EU) General Data Protection Regulation (GDPR), and applicable EU Member State data protection laws, you may request the following: access to the personal information we hold about you; that inaccurate, outdated, or no longer necessary information be corrected, erased, or restricted; and, we provide you with your personal information in a format that allows you to transfer it to another entity. You also may withdraw your consent at any time if, and only if, we are solely relying on your consent for the processing of your personal information. You may object to our processing of your personal information where that processing is based on our legitimate interest. For purposes of clarity, we do not engage in any activity that subjects our survey participants, customers, or others to a decision based solely on automated processing, including profiling, which produces legal effects, or similarly significantly results, impacting them. We process your personal information in accordance with the legal bases set forth in the GDPR. For example, our processing of personal information (as described herein) is justified based on the following GDPR provisions and which may overlap: (1) processing is based on your consent; (2) processing is necessary for our legitimate interests as set out herein; (3) processing is necessary for the performance of a contract to which you are a party; and (4) processing is required to comply with a legal or statutory obligation in the EU or in an EU Member State.

You have the right to log a complaint with your competent data protection authority. If you wish to exercise any of these rights, please contact us in accordance with the instructions provided below in the "Contact Information" section. We may need to collect and process information about you solely for the purpose of responding and satisfying any data right request you may have.

Changes To Our Privacy Policy

We will occasionally update this Privacy Policy. We recommend that you check the Privacy Policy when you visit our site to be sure you are aware of and understand our current Privacy Policy. If we make material changes to this Privacy Policy or in how we will use or collect your personal information, we will prominently post such changes prior to implementing the change. We will not make material changes in how we handle previously collected personal information that have retroactive effect, unless legally required to do so, and we will, to the extent practicable, email registered Website visitors with information on material changes to this Privacy Policy.

Links to Other Sites

Our service may contain links to other sites that are not operated by us. If you click on a third-party link, you will be directed to that third party's site. We strongly advise you to review the Privacy Policy of every site you visit. We have no control over and assume no responsibility for the content, privacy policies or practices of any third-party sites or services.

Contact Information

If you have any questions about this Privacy Policy or our privacy practices, or would like to exercise any of the rights described herein, please email us at support@infotap.com.