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BYOU Privacy Policy – Testers

BYOU Privacy Policy Testers

This Privacy Policy explains what information of yours will be collected by USERLYTICS™ CORPORATION and/or its subsidiary company (User Testing International SL) when you access the test as a tester, how that information will be used, and how you may exercise your rights of collection, correction and/or deletion of information. By using the Services, you consent that Your information is processed in accordance with this Policy. For the purposes of this Policy, references to “We” means Userlytics. 

If information is given to Userlytics, as determined by the entity that invited you to participate, we will not use or share your personal information with anyone except as described in this document. All information collected through our forms and other online sources shall be limited to the purposes explained in this Privacy Policy. Your  personal data is held by the entity that invited you, please contact them directly for deletion requests. Userlytics makes no representations or warranties regarding how our Client’s use and handle your data. 

Here are the types of information collected by USERLYTICS™ CORPORATION and/or its subsidiary company:

  • Information supplied by the entity that invited you to participate: our customers may provide Userlytics with information pertaining to each BYOU tester;
  • Information you give us: we receive and store any information you provide us (on behalf of the entity that invited you) when you complete our forms or when you decide to accept an invitation to participate in a test; and
  • Automatic Information: we automatically receive and store certain types of information when you are using USERLYTICS’™ platform, including your interaction with our website.

For the avoidance of doubt, the Client, or entity, has discretion on how your information may be used in regards to each test. The information obtained and used for the test may vary accordingly. 

  • Offering services to our clients: Userlytics offers usability and user experience testing services to our clients, as well as other types of market research services, and we may share information about you and the tests done by you with our clients.
  • Improving our services: we may use some of the information to improve our site and our services

a) When you create (or update) an account as a USERLYTICS or when a Tester/Participant submits a form, we may collect personally identifiable information about you if said personal information is asked of you during a Test, such as your full name, your phone number, your whatsapp number or your facebook username, your IP, and other related information. Additionally, we may obtain information pertaining to the pages visited (i.e. IP, location, and time), languages you speak and mother tongue, your Paypal email, gender and date of birth, your country and state/province of residence, your smartphone/tablet OS, the social network(s) you use, your desktop OS, your preferred browser, your education level, annual income, family status, employment, how many children you have, etc. 

b) When you submit a test, we may collect information about you, such as: your face and surroundings (recorded via your webcam), your device screen (recorded during the test), and your voice and comments, among others. 

c) Cookies and Tracking Technologies: we use technologies such as cookies, parameters, and scripts. These technologies are used for different goals such as affiliate systems, remarketing, retargeting or analytics studies. These technologies may be used in analyzing trends, administering USERLYTICS™ websites or client websites, tracking users movements around the site, knowing where a visitor comes from, and to gather demographic information about our user base as a whole.

We also use cookies for remembering user setting configurations, as well as for authentication and analytics. Users can configure the use of cookies at the individual browser level. If you reject cookies, you may still use our website, but some areas or features may be limited. Userlytics website uses Google Analytics, an analytics tool by Google Inc, to track user activity, page content, time on page, tree maps, and other related data. Additionally, we may use Hotjar, an analytics tool, to track user behaviour, like clicks, scroll usage, and screenshot and recordings of the browser screen activities.

We use the information we collect to operate and maintain our client services, 

(a) Personally Identifiable Information: We may store personal information in locations outside the direct control of USERLYTICS™ (for instance, on servers or databases co-located with hosting providers). USERLYTICS™ may share information that identifies you personally ONLY in the following circumstances: 

  1. Such information is being shared with the entity that invited you to participate as part of the qualitative research test (e.g., video images and/or audio recordings and/or demographic information and/or survey questionnaire results and/or other data collected during a test you were invited to and accepted participating in may be shared with Clients and their employees and agents). Additionally, the data may be shared if USERLYTICS™ or any relevant business unit is acquired by a third party. USERLYTICS™ will undertake reasonable precautions to prevent such information being downloaded from our site and will undertake to take every reasonable measure to limit viewing only. However, USERLYTICS™ cannot guarantee that third parties may or may not find technical means to download such information.
  2. USERLYTICS™ is under a duty to disclose or share your personal data in order to comply with any valid legal process, such as subpoenas, search warrants and court orders, or other valid law enforcement obligations, or to protect itself or others, or establish or exercise its legal rights or defend against legal claims.

(b) Non-Personally Identifiable Information: we may share information ONLY in the following circumstances:

  1. USERLYTICS™ may extract statistics and other non-personally identifiable information from the tests and reports you have chosen to participate in, including from all free trials and full reports, and feature them on our Sample Highlights and Case Studies page, and/or pass them on to third parties for marketing or other purposes.
  2. USERLYTICS™ or any relevant business unit is or may be acquired by a third party;
  3. USERLYTICS™ is under a duty to disclose or share this kind of data in order to comply with any valid legal process, such as subpoenas, search warrants and court orders, or other valid law enforcement obligations, or to protect itself or others, or establish or exercise its legal rights or defend against legal claims

Third-Party Agents or Service Providers.

We may transfer Personal Data to third-party agents or service providers who perform functions on our behalf. Where required by the GDPR (or similar international laws), we enter into written agreements with those third-party agents and service providers requiring them to provide the same level of protection and limiting their use of the data to the specified services provided on our behalf. We take reasonable and appropriate steps to ensure that third-party agents and service providers process Personal Data in accordance with our privacy obligations and to stop and remediate any unauthorized processing. Under certain circumstances, we may remain liable for the acts of our third-party agents or service providers who perform services on our behalf for their handling of Personal Data that we transfer to them. 

Disclosures for National Security or Law Enforcement

Under certain circumstances, we may be required to disclose your Personal Data in response to valid requests by public authorities, including to meet national security or law enforcement requirements.

Your information collected through the USERLYTICS™ Service may be stored and processed in the United States, Europe, or any other country in which USERLYTICS™ or its clients or service providers maintain facilities.

USERLYTICS™may transfer information that we collect about you, including personal information to other third parties in other countries or jurisdictions around the world.

If you are located in the European Union or other regions with laws governing data collection and use that may differ from United States law, please note that we may transfer information, including personal information, to a country and jurisdiction that does not have the same data protection laws as your jurisdiction. You may revoke your consent by opting out at any time, but in that case, you may no longer participate as a Tester.

We keep your personal information to enable your continued use of USERLYTICS™, for as long as required in order to fulfill the relevant purposes described in this Privacy Notice.

All information you provide to USERLYTICS™ is stored on secure servers.  Unfortunately, the transmission of information via the internet is not completely secure. Although USERLYTICS™ will use reasonable efforts to protect your personal data, it cannot guarantee the security of your data transmitted over the Internet. Any transmission is at your own risk. Once USERLYTICS™ has received your information, it will use reasonable procedures and security features to try to prevent unauthorized access.

USERLYTICS™ complies with the European Union’s Standard Contractual Clauses (SCCs) in regard to the transfer of personal data from the EU to the United States. USERLYTICS™ has implemented the appropriate safeguards to ensure compliance with domestic and international data protection law.

  • As mentioned, Userlytics is also registered with the ICO of the United Kingdom and our registration reference is: ZA465454.
  • USERLYTICS implements the GDPR Principles, guaranteeing Data Subjects: (i) the right to be informed; (ii) the right of access; (iii) the right of rectification; (iv) the right of erasure; (v) the right to restrict processing; (vi) the right of data portability; (vii) the right to object; and (viii) the rights related to automated decision making and profiling.
  • In compliance with both domestic and international Data Protection Law, USERLYTICS™ commits to resolve complaints about our collection or use of your personal information. Individuals with inquiries or complaints regarding our Privacy Policy should first contact Userlytics at dpo@userlytics.com.
  • USERLYTICS™ has further committed to refer unresolved privacy complaints under the EU-US Privacy Shield Principles to the INSIGHTS ASSOCIATION PRIVACY SHIELD PROGRAM, a nonprofit alternative dispute resolution provider located in the United States and operated by the Insights Association. If you do not receive timely acknowledgment of your complaint from us, or if we have not addressed your complaint to your satisfaction, please contact the applicable Supervisory Authority or visit Insights Association complaint for more information or to file a complaint. The services of Insights Association are provided at no cost to you.
  • With respect to Personal Data received or transferred pursuant to the Privacy Shield framework, USERLYTICS™ is also subject to the regulatory enforcement powers of the US Federal Trade Commission and/or the Department of Transportation.

To learn more about the European Union’s GDPR, please visit https://gdpr-info.eu/

In the event that personal information is compromised as a breach of security, USERLYTICS™ will promptly notify our testers in compliance with applicable law.

You can correct, update, ask to stop receiving emails or communications or remove all the information we collected from you by contacting directly at the organization that invited you to participate in the sessions.

Alternatively, you can reach out to us at dpo@userlytics.com for all questions or clarifications.

We will retain your information for as long as needed to provide our services, and when this information is necessary to comply with our legal obligations, resolve disputes, and/or enforce our Agreements.

In summary, you have the right to request access to, correct, and delete your personal data. You may also object to our processing of your personal data or ask that we restrict the processing of your personal data in certain instances. If you wish to do any of these things, please contact us at dpo@userlytics.com.

Protecting the privacy of young children is especially important. For that reason, USERLYTICS™ does not knowingly collect or solicit personal information from anyone under the age of 16 without parental consent. In the event that we learn that we have collected personal information from a child under age 16 without parental consent, we will delete that information as quickly as possible. If you believe that we might have any information from or about a child under 16, please contact us at dpo@userlytics.com.

You acknowledge, understand and agree that USERLYTICS™ does not have control over any third-party website or software or software prototype for which you provide testing services or for which the Website may link to. USERLYTICS™ will not be responsible or liable, directly or indirectly for any damage or loss caused or alleged to be caused by or in connection with the use of or reliance on any such content, products or services available on such other websites or software or software prototype.

Our Site includes social media features, such as the Twitter link and other widgets, that run on our Site. These features may collect your IP address and which page you are visiting on our site and may set a cookie to enable the feature to function properly.

All changes to this Privacy Policy are effective when they are posted on this page. If you have any questions about this Privacy Policy, please contact us at: dpo@userlytics.com

Data Controller Information:

Company name: Userlytics Corporation

Address: 1200 Brickell Avenue, Suite 1950 Miami, Florida (USA)

Phone Number: +1 888-809-0047 Contact email: dpo@userlytics.com

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