TERMS AND CONDITIONS
How do you access your information; use the member services area and/or update, correct or delete your information?
Last updated: 24th September 2018
Who are we?
We are Toluna Group Limited, part of the ITWP Acquisitions Limited worldwide group (“We” “Our” “Us” or “Toluna”). You can see who our group members are by clicking on the link below:
Toluna are an online data collection group focused on providing high-quality market research data to its clients who are in various business sectors, including other market research agencies and other global and corporate clients of all sizes. We also build and maintain large online consumer panels, providing real-time digital consumer insights to our clients via our market research surveys and analytics platforms.
What is our Privacy Commitment to you?
We respect your privacy and are committed to protecting your personal data. This privacy notice describes how we collect, use, share and secure personal data you provide on http://www.toluna.com (our “site”) when you become a member of our influencers panel and participate in surveys and/or research studies that we conduct for and on behalf of our clients (“surveys”). It also explains your privacy rights and how laws that are applicable to you may protect you.
This privacy notice is provided in a layered format so you can click through to the specific areas set out below. Please also use the Glossary to understand the meaning of some of the terms used in this privacy notice.
Frequently asked questions:
What personal data do we collect about you and how do we use your personal data?
Influencers Panel Members
When you agree to become a member of our influencers panel (“Member”), you are able to participate in our surveys. We will ask you to complete the registration form on our site or via links displayed on our partners’ websites. As part of your registration, you will provide us with your Identity data and Contact data and we will through your participation in the Surveys obtain certain other data about you, such as; Demographic/Profile data, Technical data and Pseudonymised data.
We use your Identity data and Contact data for:
We may from time to time ask you to provide us with Special Categories of personal data about yourself for specific surveys and if required by applicable law, we will ask you for your consent before processing such Special Categories of personal data.
We use your Demographic/Profile data for matching you with appropriate surveys to see if you qualify for particular surveys and your birth date is automatically updated so that we may ensure we select individuals, based on their age as may be required for the relevant survey.
Non-members of our Influencers Panel
If you are not a Member of our influencers panel (“non-member”), but take a survey with us and provide us with your personal data, the only personal data we will preserve about you is your email address, gender, age, zip/postal code, machine ID and IP address. We do this so we may:
We will not contact you for any other reason.
Public forums and blogs
Our website offers publicly accessible blogs or community forums. You should be aware that any information you provide in these areas may be read, collected, and used by others who access them.
We display personal testimonials of satisfied customers on our site in addition to other endorsements. With your consent, we may post your testimonial along with your username. If you wish to update or delete your testimonial, you can contact us at firstname.lastname@example.org.
You should be aware that any personal data you choose to make public on the site, in the Community area (under a public message on your wall, as an opinion, topic, battle, thumb it, or any other public area or forum) can be read, collected, stored and/or used by other users and could be used to send you unsolicited messages. We strongly discourage you from disclosing any of your personal data in any public forum or community area that you may find on the site and/or providing your personal data as we cannot guarantee that third parties who may collect and process your personal data from those public forums or community areas will keep them secure. Please be aware that we are not responsible for the personal data you choose to submit or make public. In addition, we are not responsible for the content you publicly post on the site that can be found via web-based search engines.
Toluna would never ask you to provide your Contact data or Identity data as part of a survey, so please do not transfer such data to a third party as we cannot guarantee the security of such data.
Personal data, means any information about an individual from which that person can be identified. It does not include data where the identity has been removed (anonymous data).
We may collect, use, store and transfer different kinds of personal data about you which we have grouped together follows:
Biometrics means personal data resulting from specific technical processing relating to the physical, physiological, or behavioural characteristics of a natural person, which allow or confirm the unique identification of that natural person, such as facial images or finger print data.
Who do we share your personal data with?
All of the responses we collect from you via our surveys are provided to our clients in aggregate or pseudonymised form. This means that information is provided about groups of individuals and not on an individual level but may include Pseudonymised data.
Identity data or Contact data about you would only be provided to our clients in specific surveys for the purposes of research and we would never provide such data to our clients unless we have first received your consent and confirmed with them that their use is in accordance with applicable law.
From time to time we may engage third parties to issue you with cheques or processing the delivery of your rewards and they will need to use your Identity data and Contact data for those purposes. We may also transfer your personal data to third parties for the purposes of those parties providing us or our clients with services such as; data processing or analytics services or to append data they previously collected about you. Such third parties are not allowed to use your personal data for any other reason and we enter into contracts with those third parties to ensure your personal data is kept secure and erased in accordance with our data retention and destruction policies.
From time to time, Toluna may use third-party software for email list management and email distribution, or may use third party list management providers to match our Members to members of other lists or panels, or to validate the accuracy of personal data you provide.
Though we make every effort to preserve your privacy, we may be required to disclose your personal data in response to lawful requests by public authorities, including to meet national security or law enforcement requirements; or to comply with a subpoena or other legal process, when we believe in good faith that disclosure is necessary to protect our rights, to protect your safety or the safety of others, to investigate fraud or breaches of our site terms, or to respond to a government request.
Do we transfer your personal data to other countries?
From time to time your personal data is transferred from an EEA country to a member of the ITWP group of companies and our trusted service providers, which may be located in a country that has not been recognised as providing equivalent protection. Toluna has put in place transfer agreements using the standard model contracts for the transfer of personal data to third parties in non-adequate countries as decreed by the European Commission. See in the attached list of all the ITWP companies. https://www.toluna-group.com/search-results/contact-us-main
Toluna USA Inc., - The EU-U.S. Privacy Shield Framework
Our global back up and hosting service centre is located in the USA. Toluna USA Inc., (“Toluna USA”) is a member of the ITWP group of companies and all data we use are transferred to Toluna USA for those purposes. Toluna USA recognises that the EEA have established strict protections regarding the handling of personal data from the EEA, including requirements to provide adequate protection for such personal data transferred outside of the EEA. Toluna ensures that it provides adequate protection for the processing of certain EEA personal data about all individuals (including about you).
Toluna USA participates in and has certified its compliance with the EU-US Privacy Shield Framework administered by the U.S. Department of Commerce ("Privacy Shield") in respect of the collection, use and retention (processing) of personal data transferred from the EEA to the U.S.A.
Toluna USA is responsible for the processing of personal data it receives, under the Privacy Shield and subsequently transfers to a third party acting as an agent on its behalf. Toluna USA complies with and has certified to the U.S. Department of Commerce that it adheres to the Privacy Shield Principles of Notice, Choice, Security, Data Integrity and Purpose Limitation, Access, and Recourse, Enforcement, Liability and including in particular, the Accountability for Onward Transfers when transferring personal data to its third party service providers and agents. If there is any conflict between the terms of this privacy notice and the Privacy Shield Principles, the Privacy Shield Principles shall govern. To learn more about the Privacy Shield framework and view the Toluna USA certification, please visit https://www.privacyshield.gov/list.
For purposes of enforcing compliance with the Privacy Shield, Toluna is subject to the investigatory and enforcement authority of the US Federal Trade Commission. For more information about the Privacy Shield, see the US Department of Commerce's Privacy Shield website located at https://www.privacyshield.gov In certain circumstances, 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.
In compliance with the Privacy Shield Principles, Toluna USA commits to resolve complaints about its collection or use of your personal data. EEA individuals with enquiries or complaints regarding our Privacy Shield policy should first contact the Data Protection Officer at email@example.com.
You may have the option to select binding arbitration for the resolution of your complaint under certain circumstances, provided you have taken the following steps: (1) raised your complaint directly with Toluna and provided us the opportunity to resolve the issue; (2) made use of the independent dispute resolution mechanism identified under the How do you ask a question or make a complaint? Paragraph below; and (3) raised the issue through the relevant data protection authority and allowed the US Department of Commerce an opportunity to resolve the complaint at no cost to you. For more information on binding arbitration, see the US Department of Commerce Privacy Shield Framework: Annex 1 (Binding Arbitration) at https://www.privacyshield.gov/EU-US-Framework.
What other ways can you become a member of our influencers panel? – Our mobile app
You may choose to become a Member by using our mobile application (app). When you download and use our mobile app, we automatically collect system and performance information on the type of device you use, operating system version, device identifier and hardware usage statistics such as CPU, RAM, storage, and app version. We will use the information we collect via our mobile app in accordance with the terms of this Privacy notice and the provisions set out below.
We send you push notifications from time-to-time in order to notify you about surveys and ask you if you would like to participate in certain marketing research studies in accordance with this Privacy notice. If you no longer wish to receive these types of communications, you may turn them off at the device level. To ensure you receive proper notifications, we will need to collect certain information about your device such as operating system and user identification information.
We use mobile analytics software to allow us to better understand the functionality of our mobile application on your phone. This software may record information such as how often you use the application, the events that occur within the application, aggregated usage, performance data, and where the application was downloaded from. We do not link the information we store within the analytics software to any personally identifiable information you submit within the mobile application.
We collect your location-based information for the purpose of calculating user country, so we can route a visitor to the correct country site. We share this information with our third party service providers and clients for the sole purpose of market research services for our clients and for fraud and quality purposes.
We may make available a service either directly or through third parties by which you can receive messages on your wireless device via short message service ("SMS Service"). Your provider's standard data and messaging rates apply to all SMS correspondence. All charges are billed by and payable to your mobile service provider. You represent that you are the owner or authorised user of the wireless device on which messages will be received and that you are authorised to approve the applicable charges. Personal data obtained from you in connection with this SMS Service may include your Identity data and Contact data, your provider's name, and the date, time, and content of your messages. The use of this information will be in accordance with this Privacy notice. If fees are charged to your wireless account invoice, we may be required to provide your carrier with your Identity data and Contact data in connection therewith. Your wireless carrier and other service providers may also collect data about your wireless device usage, and their practices are governed by their own policies. You acknowledge and agree that the SMS Service is provided via wireless systems which use radios (and other means) to transmit communications over complex networks. We will not be liable for any delays in the receipt of any SMS messages, as delivery is subject to effective transmission from your network operator. SMS message services are provided on an as-is basis. We do not guarantee that your use of the SMS Service will be private or secure, and we are not liable to you for any lack of privacy or security you may experience. You are fully responsible for taking precautions and providing security measures best suited for your situation and intended use of the SMS Service. You can opt out from this service at any time by going to your account page and unticking the option “I agree to receive invitations to surveys by SMS” in the Personal Details tab. If available in your country, you may also be able opt out by text by following the instructions given to you in the SMS we send you.
You can log in to our site using sign-in services such as Facebook Connect or an Open ID provider. These services will authenticate your identity and provide you the option to become a Member. Services like Facebook Connect give you the option to post information about your activities on this site to your profile page to share with others within your network.
If you choose to use our referral service to tell a friend about our site, you may pass your unique referral link to your friend and if your friend becomes a Member, we will provide you with Toluna points as a reward.
What Cookies do we use on our sites?
A cookie is a small file of letters and numbers that we store on your browser or the hard drive of your computer if you agree. Cookies contain information that is transferred to your computer's hard drive.
What other Tracking Technologies do we use for surveys you participate in and for other purposes?
Technologies such as cookies, web beacons/web bugs, scripts, and tags are used by Toluna and its clients, partners, affiliates, or analytics and service providers. These technologies are used in analysing trends, administering the site, tracking users’ movements around the site and the Internet, and to gather demographic information about our user base as a whole. Our clients may combine your survey responses, demographic information, and web surfing behaviour with those of others to produce “aggregated” reports. They may also create scientific reports based upon modelled information. “Modelled information” is data developed based upon demographic and behavioural characteristics (like your gender, age, and websites visited) to predict what people with similar or matching characteristics would watch or buy. We may receive reports based on the use of these technologies by these companies on an individual as well as aggregated basis.
We use Local Shared Objects, such as HTML5, to store content information and preferences. We partner with third parties to provide certain features on our site or to display advertising based upon your web browsing activity and we also use HTML5 to collect and store information. Various browsers may offer their own management tools for removing HTML5.
As is true of most websites, we gather certain information automatically and store it in log files. This information may include Internet protocol (IP) addresses, browser type, internet service provider (ISP), referring/exit pages, operating system, date/time stamp, and/or clickstream data. We may combine this automatically collected log information with other information we collect about you. We do this to improve services we offer you, to improve analytics, marketing, and site functionality.
We partner with third parties to either display advertising on our site or to manage our advertising on other sites. Our third-party partners may use technologies such as cookies to gather information about your activities on their site and other sites in order to provide you advertising based upon your browsing activities and interests. If you wish to not have this information used for the purpose of serving you interest-based ads, you may opt-out by clicking here (or if you are located in the EEA click here). Please note this does not opt you out of being served ads. You will continue to receive generic ads.
In general, digital Fingerprinting technologies assign a unique identifier or "Machine-ID" to a user's computer to identify and track your computer. We will not use digital fingerprinting technology (the “Technology”) to collect your personal data, or track your online activities; and will not disrupt or interfere with the use or control of your computer or alter, modify or change its settings or functionality. Occasionally, in specific market research programs, we will use the Technology to assist our clients in ensuring the integrity of survey results. The Technology will analyse publicly available information and data obtained from your computer's web browser and from other publicly available data points, including the technical settings of your computer, the characteristics of your computer, and its IP Address, to create a unique identifier, which will be assigned to your computer. The unique identifier will be an alpha-numeric ID In order to assist our clients in protecting and ensuring the integrity of survey results, we may; (a) link or associate your unique identifier to you and any of your personal data; (b) share your unique identifier with our clients and with other sample or panel providers; and (c) receive or obtain a unique identifier linked to you from a third party, including without limitation a sample or panel provider or our client, however we will only provide such information to any third parties (including our clients) on an aggregated and anonymised or pseudonymised basis. In addition, any unique identifier(s) received or obtained by us and linked to you will be protected in accordance with this privacy notice and if required by law, we will ask for your consent in advance.
We shall do everything we can to ensure that the Technology is safe, secure and does not cause undue privacy or data security risks and we shall use and distribute the Technology in a professional and ethical manner and in accordance with (a) this privacy notice, (b) any other statements and/or disclosures made by us to you and (c) applicable laws and market research codes of practice.
In the event that we discover or learn of any unethical conduct in connection with the use of the Technology, or that the Technology is being used in a manner that is inconsistent with the statements and/or disclosures made by us to you or is in breach of applicable laws and the market research codes of conduct, we will take immediate action to prohibit such unethical conduct and to ensure the proper administration of the Technology.
Social Media Widgets
Our site includes Social Media Features, such as the Facebook Like button (and Widgets, such as the Share This Button or interactive mini-programs that run on our site). These Features may collect your IP address; which page you are visiting on our site; and may set a cookie to enable the Feature to function properly. Social Media Features and Widgets are either hosted by a third party or hosted directly on our site. Your interactions with these Features are governed by the privacy notice of the company providing it.
How do you access your information; use the member services area and/or update, correct or delete your information?
Upon request, Toluna will provide you with information about whether we hold any of your personal data. If you are based in the EEA, you should refer to section entitled Your legal rights if you are in the EEA to understand more about your rights. You may access, correct, or request deletion of your personal data, or terminate your membership by logging into your Member Account. By following the appropriate directions, your information should be automatically updated in our database. For these purposes, and if you are unable to correct your personal data yourself via the Account, you may write to us at the postal address found at the end of this Privacy notice, or contact us by email at firstname.lastname@example.org. We will respond to all requests within a reasonable timeframe.
How do you terminate your influencers panel membership?
If you are a Member and terminate your membership, we will no longer use your personal data for any purposes, but in accordance with our backup procedures, we will retain your personal data until your personal data is eventually destroyed in accordance with our policies and we will continue to employ the security procedures and technologies to keep your personal data safe.
If you choose to end your membership with Toluna or to require us to cease processing your personal data, you may automatically discontinue your membership by going to “Account” and selecting “Unsubscribe Options” on the bottom left-hand corner, then “Cancel your account”. By following the appropriate directions, your record will be marked as "do not contact", and you will no longer receive communications from Toluna. In addition, you will forfeit any incentive balance that has not been requested as of the time you opt out. As an alternative, you may send an email directly to email@example.com requesting to be removed. Email links are provided on the site so that you may contact us directly with any questions or concerns you may have. Each email we receive is read and responded to individually. In most cases it will take 2 to 3 days to process this change, but please allow up to two full weeks for your status to be finalised. In the meantime, you may receive emails from us.
How do you ask a question or make a complaint?
You can direct any questions or complaints about the use or disclosure of your personal data to our Privacy Contact. We will investigate and attempt to resolve any complaints or disputes regarding the use or disclosure of your personal data within 30 days of receiving your complaint.
If you are based outside the EEA and have an unresolved privacy or data use concern that we have not addressed satisfactorily, please contact our U.S.-based third-party dispute resolution provider (free of charge) at https://feedback-form.truste.com/watchdog/request. Under certain conditions, more fully described on the Privacy Shield website [https://www.privacyshield.gov/article?id=How-to-Submit-a-Complaint], you may invoke binding arbitration when other dispute resolution procedures have been exhausted.
If you are based in the EEA and have an unresolved privacy or data use concern that we have not addressed satisfactorily, then please refer to your rights to make a complaint under the section entitled Your legal rights if you are in the EEA.
What is our winner’s policy?
Members and others who take our surveys are randomly selected to win prizes for participation in surveys, polls, and other promotions. All winners are notified by email of their winnings. For more information, please visit our Terms and Conditions page. Cash and other prizes awarded to non-members will be awarded directly. Toluna shall post the user names of winners on our site and on our own blogs and newsletters.
What security measures do we undertake to protect your personal data?
We have put in place appropriate security measures to prevent your personal data from being accidentally lost, used or accessed in an unauthorised way, altered or disclosed. In addition, we limit access to your personal data to those employees, agents, contractors and other third parties who have a business need to know. They will only process your personal data on our instructions and they are subject to a duty of confidentiality.
We have put in place procedures to deal with any suspected personal data breach and will notify you and any applicable regulator or supervisory authority of a breach where we are legally required to do so.
How do you opt out from your influencers panel membership?
If you choose to end your membership with Toluna or to require us to cease processing your personal data, you may discontinue your membership by going to “Account” and selecting “Unsubscribe Options” on the bottom left-hand corner, then “Cancel your account”. By following the appropriate directions, your record will be marked as "do not contact", and you will no longer receive invites to participate in future Surveys from Toluna. In addition, you will forfeit any incentive balance that has not been requested as of the time you opt out. In most cases it will take 2 to 3 days to process this change, but please allow up to two full weeks for your status to be finalised. In the meantime, you may receive emails from us. As an alternative, you may send an email directly to firstname.lastname@example.org requesting to be removed. Email links are provided on the site so that you may contact us directly with any questions or concerns you may have. Each email we receive is read and responded to individually; please allow two to three business days for us to get back to you.
What are our data retention and destruction policies?
How long will you use my personal data for?
We will only retain your personal data for as long as necessary to fulfil the purposes we collected it for, including for the purposes of satisfying any legal, accounting, or reporting requirements.
To determine the appropriate retention period for personal data, we consider the amount, nature, and sensitivity of the personal data, the potential risk of harm from unauthorised use or disclosure of your personal data, the purposes for which we process your personal data and whether we can achieve those purposes through other means, and the applicable legal requirements.
If you are a citizen or resident of the EEA, or we are processing your personal data in the EEA, in some circumstances you can ask us to delete your data: see the section entitled Your legal rights if you are in the EEA below for further information.
As the results of the surveys and other aggregated or Pseudonymised data are used for research and/or statistical purposes, we and our clients or other third parties may use this information in accordance with the terms indefinitely without further notice to you.
As we continue to develop our business, we might sell or buy additional assets. In such transactions, Toluna's right to contact you as a Member and the information you have voluntarily provided in your user profile would generally be one of the transferred business assets. Any sale or transfer of Toluna or substantially all of its business assets, which included our influencer panel, would be to an entity that agreed to comply with all of the material terms of our privacy notice. You will be notified via email and/or a prominent notice on our site of any change in ownership.
From time to time we may offer visitors the ability to voluntarily link to other sites. Toluna does not review, and is not responsible for, the content or effect of the privacy policies of these sites.
Toluna will not knowingly collect any information from any child under the age of 16 without permission from his/her parents, legal guardian or an adult responsible for the care of the child. Eligible ‘young people’ (individuals aged between 16 and 17) may be invited to participate in our Teens panel from time to time. We comply with COPPA, the EU “Safer Internet programme”, the General Data Protection Regulations and the ESOMAR guidelines in relation to surveys concerning children and young people.
Your legal rights if you are in the EEA
If you have signed up with a Toluna company that is located in Europe or you are a resident or citizen of a country in the EEA, you have rights under data protection laws in relation to your personal data. If you wish to exercise any of the rights set out above, please contact us.
You have the right to:
What are the legal bases we rely on when using your personal data?
Consent – In certain cases, we collect and process your personal data with your consent e.g. when you participate in surveys, we will ask you if you wish to participate.
Contractual obligations – In some circumstances, we need to process your personal data to comply with a contractual obligation e.g. when we use your personal data to send you your rewards.
Legal compliance – If the law requires us to, we may need to collect and process your personal data in response to lawful requests by public authorities or if e.g. we believe in good faith that disclosure is necessary to protect our rights, to protect your safety or the safety of others, to investigate fraud or breaches of our site terms, or to respond to a government request.
Legitimate interest – means the interest of our business in conducting and managing our business to enable us to give you the best service/product and the best and most secure experience. We make sure we consider and balance any potential impact on you (both positive and negative) and your rights before we process your personal data for our legitimate interests. We do not use your personal data for activities where our interests are overridden by the impact on you (unless we have your consent or are otherwise required or permitted to by law).
Who is the data controller?
The Toluna company with whom you registered with as a Member is the controller and responsible for your personal data.
We have appointed a data protection officer (DPO) who is responsible for overseeing questions in relation to this privacy notice. If you have any questions about this privacy notice, including any requests to exercise your legal rights, please contact the DPO using the details set out below.
If we decide to change our privacy notice, we will post those changes to this privacy statement on the homepage, or 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.
We reserve the right to modify this privacy statement at any time, so please review it frequently. If we make material changes to this policy, we will notify you here, by email, or by means of a notice on our home page prior to the change becoming effective.
It is important that the personal data we hold about you is accurate and current. Please keep your Account details updated if your personal data changes during your relationship with us.