Userpeek Privacy Policy
Your privacy is crucial to Userpeek. This Privacy Policy concerns the personal information processed by Gravitech (“Userpeek”) and related businesses ("the Company," "we," "our," and "us"). This Privacy Statement also describes how and why we process personal data.
Summary of Important Facts
This Privacy Policy describes the circumstances under which we process Personal Data for our legitimate business purposes. To learn how to access and manage your data, please refer to the "How you can control your data" section.
Cookies and other technologies are used to track the usage of our websites and mobile applications. Please refer to our Cookie Policy (https://www.userpeek.com/cookie-policy) for information on how to opt out of accepting cookies.
We do not sell your info.
We transfer data internationally, including to and from the United States and other countries. If applicable, we adhere to the EU Standard Contractual Clauses for Processors pursuant to the European Commission Decision dated 4 June 2021 for Customer Personal Data exported from the EEA or Switzerland, or (ii) the EU SCCs as amended by the UK International Data Transfer Addendum for Personal Data exported from the UK.
We comply with the General Data Protection Regulation (the "GDPR") and other relevant privacy regulations in the EEA, Switzerland, and the United Kingdom. If you reside in the European Economic Area ("EEA"), Switzerland, or the United Kingdom, please review the applicable GDPR Notice (https://www.userpeek.com/gdpr-policy).
The California Consumer Privacy Act is followed (the "CCPA"). If you are a California resident, please review the applicable CCPA Notice (https://www.userpeek.com/ccpa-policy).
Who are we
We offer websites ("Sites") where visitors and other members of our community ("Visitors") can learn about our offerings, view Site materials, and/or access our platform ("Platform") and related services ("Services") that enable (i) businesses, including current and prospective customers (collectively "Customers") to solicit feedback ("Tests") on any brand, design, content, or current or potential offering, and (ii) individuals participating in such Tests ("Testers"). Userpeek may collect, record, and analyze information about Visitors, including its Customers and Testers, in connection with the Site, Platform, and Services. This information may include personally identifiable information that would allow Userpeek to determine the actual identity or contact information of a specific individual, billing information, account settings, and other data ("Personal Data").
Who is my data controller?
Certain data protection and privacy legislation, such as the General Data Protection Regulation (GDPR), distinguish between "controllers" and "processors" of personal data. A "controller" determines why and how personal information is processed. A "processor" processes personally identifiable information on behalf of a "controller" in accordance with the controller's instructions.
For Visitors, the Company is the controller insofar as we collect or you supply Personal Information.
Except for information obtained by our Customers through a Test, the Company is the controller of the personal information it collects from Testers.
Customers own the data acquired as part of a test they generate using our Platform or Services, with the exception of the IP addresses used to access the Platform, which we control.
How we gather and use your information
The manner in which we gather Personal Data depends on how and why you use our Sites, Platform, and/or Services.
We acquire Personal Data directly when you provide it to us as a Visitor, Tester, or Customer, as well as indirectly, via automated technologies or from third parties. In line with applicable regulations, we may combine the information you submit with information from third-party sources in order to keep our databases up-to-date and offer you with the most relevant content and experiences. For instance, the size, industry, and other information about the firm for which you work (where you have supplied the company name) may be gathered from sources such as professional networking sites and information service providers. Below is further information on how we gather Personal Data.
Userpeek use your Personal Information for the following legitimate business purposes:
access to and use of the Platform and Services, including registration as a Customer or Tester,
to provide the Platform and Services to our Clients
provide our Customers with Recordings comprising Tester Personal Data,
to improve and enhance your experience with the Platform and Services, including the Platform's content and general administration,
to maintain documents as needed for tax, legal, and financial purposes
to understand how you access, use, and interact with the Services in order to provide technical functioning, create new goods and services, and evaluate your usage of the Services, we collect information about how you access, use, and interact with the Services.
to correspond with you,
in order to provide you with customer service regarding your usage of the Services,
for the detection of fraud, illicit acts, and security breaches
to make and receive payments,
to provide regulatory agencies with information when required by law.
In the sections that follow, we elaborate on the objectives for which each kind of data is utilized.
Information gathered from or submitted by our Visitors ("Visitor Data")
When Visitors use or navigate one of our Websites, we collect their IP addresses and use information, including page views, clicks, and browser type.
If a Visitor submits a trial request on our Site, chats with us for support, requests to watch a webinar, subscribes to our blog or other news, submits a request through our Contact Us form, or requests to download a whitepaper or other content, we may also collect the Visitor's name, title, email, phone number, company name, country, and IP address.
We use this Visitor Data to provide the Visitor with the requested information or materials, such as marketing materials, newsletters, and other content, to perform analytics on how the Site, Platform, and Services are used, to enhance the use of the Site, Platform, or Services, and for other legitimate business purposes.
Contributed or gathered information from our Testers ("Tester Data")
Account Data
When a Tester opens a Userpeek account, we gather the Tester's name, username, password, zip code, and email address.
Userpeek may additionally request that each Tester supply any extra information required or useful for determining which Tests are best suited for that Tester. Birth year; gender; household income range; country; web expertise; presence of children (including gender and birth years); employment status, industry; company size; job role seniority; gaming genres; web browsers; social networks; languages spoken; race, ethnicity, sexual orientation, and other sensitive personal data, which may be voluntarily provided and only collected as permitted by applicable law; devices owned.
Userpeek utilizes Tester Data to deliver and enhance its Services, to pay Testers, to instruct Testers on how to use our Platform and Services, and for other legitimate business objectives.
Recordings
As a Tester participates in a Test, we record the Tester's activities, which may include voice recordings, screen content, face recordings, screen recordings, browser content, screen interactions including mouse movement and clicking, text input, device configurations, and any background audio or video content ("Recordings"). The Recording may include any personal or health information that shows on a Tester's screen or is referenced in the audio. If one of our Customers asks for sensitive data from a Tester as part of a test, we need the Customer to include a notification specifying the sensitive data to be requested before the test begins. The Tester will then have the option to continue or refuse the exam.
Testers grant intellectual property rights in the Recordings, which may include Personal Data and face Recordings, to Userpeek under the Tester Terms of Service in exchange for the use of the Platform and Services. The Customer or Userpeek, as applicable, owns and controls the recordings.
Userpeek utilizes Recordings to deliver Services to Customers, promote its products and services, guard against fraudulent or unlawful conduct, enhance its Platform and Services, and for other legitimate business objectives.
Information supplied by Our Customers ("Customer Data")
During the usage of the Platform and Services by a Customer, the Customer's employees are required to supply information such as name and contact information, including email address, mailing address, telephone number, and other pertinent Personal Data.
Userpeek uses Customer Data to identify each Customer and grant them access to the Platform and Services, as well as to bill Customers and fulfill its contractual responsibilities. We also utilize Customer Data to enhance our Platform and Services, to notify Customers about enhancements and best practices for utilizing the Platform and Services, and for other lawful business objectives.
It is the Customer's obligation to guarantee that Recordings from a Test it has generated are collected and processed in line with relevant regulations. Customers in the European Economic Area should review our GDPR Notice (https://www.userpeek.com/gdpr-policy). Please review our CCPA Notice (https://www.userpeek.com/ccpa-policy) if you reside in California.
Indirectly Collected Personal Information Tracking Data, IP Addresses, and Device Fingerprints
Userpeek monitors the IP addresses from which the Userpeek Sites are accessed and information about the computing device (fingerprint) used to access the Sites. Userpeek utilizes this information to enhance the Site, Platform, and Services, prevent fraud, and safeguard data.
Data from Third-Party Sources
Userpeek gathers Personal Data and other data from third parties that supply us with lists of potential Customers and their contact information, if those potential Customers have given their consent for these third parties to share their information with us. Userpeek utilizes this data for their own marketing initiatives.
Cookies
Cookies and other technologies are used to track the usage of our websites and mobile applications. Click here for more information on how to disable cookie acceptance. This information is also accessible in our Cookie Policy, which may be accessed at https://www.Userpeek.com/cookie-policy.
Visitors have the option of accepting or declining cookies that aren't necessarily required. The majority of web browsers automatically accept cookies, however users may often alter their browser settings to reject cookies. There is more information about deactivating cookies at www.allaboutcookies.org. If you choose to deny some cookies, the functionality of the Userpeek website, platform, and services may be diminished.
"Do Not Track"
The Site, Platform, and Services of Userpeek may not react to Do Not Track (DNT) signals. To learn more about DNT settings in general, please visit https://allaboutdnt.com/.
We collect information when you interact with us.
If you contact us directly, we will gather any Personal Information contained in your message.
Automated Decision Making
Userpeek may employ automated decision making based on a number of indications generated from account behavior to assist in identifying and suspending accounts that transmit spam, participate in other abusive or fraudulent activities, or have not interacted with us for a long period of time. Account holders whose accounts are suspended under these conditions are contacted and given the option to request a human review of the suspension decision.
How we share your private information
Subprocessors and Data Processors
Userpeek shares Personal Information with our third-party agents, contractors, and service providers that are engaged to execute services on our behalf. These providers may run or support certain features of the Services, and in some circumstances may collect data directly. The following is a list of functions for which we may use third-party service providers:
Customer support services such as Agile-CRM and Fastspring Billing services and payment gateway providers such as PayPal Hosting and content delivery network services such as AWS.
Unless both you and the Company have agreed otherwise, we do not receive or keep your payment information directly. We utilize a third-party payment processor, such as PayPal, in order to conduct transactions, such as paying Testers. While our administrators are able to view and track actual transactions via the customer portal of the third-party payment processor, we do not have access to or process your credit card information, with the exception of the last 4 digits of your credit card, credit card type, zip code, and expiration date.
You acknowledge and consent that, to the extent that you give your Personal Data as part of Recording, such Personal Data will be shared with the Customer who created the Test.
Business Transfers
We may acquire websites, applications, subsidiaries, and other businesses or business divisions as we continue to expand. We may share your information within our business group. Alternatively, we may sell businesses or business units, merge with other corporations, and/or sell assets or shares, in some instances as part of a reorganization or liquidation in bankruptcy. As part of these transactions, we may transfer your Personal Data to a successor entity in the event of a merger, consolidation, or other corporate reorganization in which Userpeek participates, or to a purchaser or acquirer of all or a portion of Userpeek's assets, including in the event of Userpeek's bankruptcy.
Contractual Obligations and Safety
We will preserve or disclose your Personal Data in limited circumstances (other than as set forth in this Privacy Policy), including: (i) with your consent; (ii) when we have a good faith belief it is required by law, such as pursuant to a subpoena, warrant, or other judicial or administrative order (as further described below); (iii) to protect the safety of any person; to protect the safety or security of our Services or to prevent spam, abuse, or other malicious activities; and
If forced by law to reveal Personal Data, such as in response to a subpoena, warrant, or other court or administrative order, our policy is to comply with validly issued legal obligations.
Note that if we obtain information that leads us to believe there is an urgent emergency involving the risk of death or significant bodily harm to a person, we may share information to law enforcement attempting to prevent or minimize the threat (if we have it), as evaluated on a case-by-case basis.
How we save your information
Retention
We maintain your Personal Information in line with your instructions, including those in the applicable terms of service that you have approved and any rules controlling your use of the Platform and Services. We may also retain your Personal Information if we have a valid business need to do so. When information is required for the creation, exercise, or defense of legal claims, we must keep it (also known as a "litigation hold"). In this instance, we store the information for as long as necessary to pursue any legal claims.
The amount, nature, and sensitivity of your information, the purposes for which we collect and process your Personal Data, the length of time we have an ongoing relationship with you and provide you with access to our Services, and applicable legal requirements are used to determine our retention periods.
If you have concerns or want further information regarding our data retention periods, please email privacy@userpeek.com.
Deletion
On request, Userpeek will remove Personal Data, unless such deletion is forbidden by law. Userpeek reserves the right to remove Personal Data one year after the conclusion of our commercial partnership, according to our document preservation rules and procedures. When we no longer have a valid business need to process your Personal Information, we may delete or anonymize it. It may not be feasible to delete your Personal Data if they have been anonymized. In such a circumstance, the anonymised data cannot be coupled with other data in order to identify you.
If you ask Userpeek to delete specific Personal Data and we are the data controller, we will comply by deleting or anonymizing the data, unless doing so would prevent us from carrying out essential business functions, such as providing and billing for our services, calculating taxes, conducting required audits, and fulfilling contractual obligations to our Customers, Testers, or others.
If you are an individual in the European Economic Area or a California resident, please refer to the applicable GDPR Notice (https://www.userpeek.com/gdpr-policy) and CCPA Notice (https://www.userpeek.com/ccpa-policy) for information on how to exercise your right to be forgotten.
How you can control your data
Visitors, Testers, and Customers who desire to seek access to or corrections to Personal Data for which Userpeek is the data controller should complete out the form located on this page. Where Userpeek is the data processor or subprocessor of your Personal Data, Visitors, Testers, or Customers must contact the applicable data controller to request access to or rectification of that Personal Data.
The GDPR Notice (https://www.userpeek.com/gdpr-policy) and CCPA Notice (https://www.userpeek.com/ccpa-policy) describe additional rights applicable to individuals situated in the EEA or California.
How we keep your data protected
The Data Protection Officer is accountable for Userpeek's compliance with and enforcement of this Privacy Policy. The Data Protection Officer is ready to answer any inquiries regarding this Privacy Statement or Userpeek's data security procedures from workers, Visitors, Customers, Testers, business partners, and suppliers. The email address for Userpeek's Data Protection Officer is dpo@userpeek.com.
Security
We cannot assure, guarantee, or guarantee the security of any data supplied to the Company. All information transmissions are made at the risk of the sender. Once we have information, we shall make reasonable attempts to safeguard its security inside our systems.
Your personal information and files are saved on Userpeek's servers as well as the systems of third-party service providers.
Userpeek has implemented physical, technical, and administrative safeguards to protect and secure the data it processes. By using this Site, Platform, or Services, or by providing us with Personal Data, you consent to receiving electronic communications from us on security, privacy, and administrative matters pertaining to your use of this Site, Platform, or Services.
Privacy Shield
Userpeek conforms with the EU-US Privacy Shield Framework and Swiss-US Privacy Shield Framework, as outlined by the U.S. Department of Commerce, with regards to the collection, use, and retention of personal information transmitted from the European Union and Switzerland to the United States. Visit https://www.privacyshield.gov/ for more information about the Privacy Shield program.
As outlined by the U.S. Department of Commerce, the Privacy Shield program applies to the processing of Personal Data regarding the collection, use, and retention of Personal Data from visitors, Testers, and customer personnel based in Switzerland, the EU, and EEA. Under the Privacy Shield Framework, Userpeek is responsible for the processing of Personal Data it receives and then transmits to a third party acting as an agent on its behalf. User Testing adheres to the Privacy Shield Principles for any transfers of personal data from the European Union and Switzerland, including the onward transfer responsibility rules.
If you have any Privacy Shield-related (or general privacy-related) complaints, Userpeek invites you to contact our privacy team at privacy@userpeek.com.
We will use JAMS ADR to settle any disagreements you may have with us over our policies and practices. Visit https://www.jamsadr.com/eu-us-privacy-shield for more information and to get in touch with JAMS ADR. Individuals from Switzerland and the EU may seek recourse through the Privacy Shield Panel, a binding arbitration procedure, as a last option and in restricted circumstances.
You may also file a complaint with a competent supervisory authority in the Member State of your usual home, place of employment, or the location of the alleged violation. The applicable supervisory authority's name and contact information may be found at https://ec.europa.eu/info/law/law-topic/data-protection/reform/what-are....
Nevada Residents
This full Privacy Policy applies to you if you are a Nevada resident, as well as the following. You may instruct a company that maintains a website on the internet not to sell certain personal information it has gathered or will collect about you.
Userpeek does not sell your personal information in accordance with Nevada law's definitions.
Acceptance
You acknowledge that you have read this document carefully and accept its contents. If you do not agree with this Privacy Statement, you should not utilize the Site, Services, or Platform.
Userpeek retains the right to modify our Privacy Policy at any time. If we make substantial changes to this Privacy Policy, we will notify you by email, by prominently posting a notice on our applications and websites, or by any other method permitted by law. Your continuing use of the Userpeek Site, Platform, and Services after being advised of a changed Privacy Policy signifies acceptance of the updated Privacy Policy, unless your specific consent is needed by law.
Contact Information
Please contact us at privacy@userpeek.com if you have any questions, comments, or concerns regarding Userpeek or our Privacy Policy.
GraviTech (“UserPeek”)
167 Madison Avenue
Ste 205 #174
New York City, NY 10016
Last updated on 18 October 2022