Last Updated: December 2022
If you are a citizen of California, you can read our annex on compliance with the CCPA here.
Here are the types of information collected by USERLYTICS™ CORPORATION and its subsidiary company
Information you give us: we receive and store any information you provide us when you complete our forms or when you decide to accept an invitation to participate in a test.
Automatic Information: we automatically receive and store certain types of information when you use USERLYTICS™, including your interaction with our website.
For what purposes?
Offering services to our clients: we offer usability and user experience testing services to our clients, as well as other types of market research services, and 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
Marketing and commercial purposes: we may use information we collect, including audiovisual recordings of your interactions during tests that you decided to participate in, to promote our services, by publishing videos or images with your face, screen, or audio on our public website.
If you do not wish for your recording to be used in this way, please reach out to us at email@example.com.
Communicate with you: we may use your personal information to communicate with you about Userlytics.
1. Information we collect
- a) When you create (or update) an account as a USERLYTICS™ Tester/Participant or submit a form: We may collect personally identifiable information about you, such as your full name, your phone number, your whatsapp number, your facebook username, your IP address, and other related information, such as: pages visited (with the IP address, 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. Userlytics will collect other information about your email activities, like email bounces, when you open an email we sent to you, or when you subscribe/unsubscribe from our marketing campaigns.
- b) When you log in with your tester account, we may collect information about your browser, operating system, and IP address.
- c) 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.
This 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.
- e) Also, this website uses Hotjar, an analytics tool, to track user behaviour, like clicks, scroll usage, and screenshot and recordings of the browser screen activities, as well as AgileCRM, which tracks email activities like email bounces or number of opened emails, and also tracks user activities in Userlytics.
2. How we use your information
We use the information we collect to operate and maintain our client services, filter and send you invitations to participate in tests, ask you questions about the tests you have done or while doing a test, or respond to your questions and concerns about USERLYTICS™ or your account.
3. How we share your information
- (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 a Client as part of the qualitative research test results (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).
- 2) Such information is being featured for Marketing Purposes, in which case USERLYTICS™ may post audio and video content, i.e.: recordings of you interacting with a website, mobile app, or prototype, but will not post your full name or other identifying details.
- USERLYTICS™ will undertake reasonable precautions to prevent such information from being downloaded from our site and will undertake every reasonable measure to limit access to viewing only. However, USERLYTICS™ cannot guarantee that third parties will not find technical means to download such information.
- 3) USERLYTICS™ or any relevant business unit is or may be acquired by a third party.
- 4) 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, court orders, other valid law enforcement obligations, to protect itself or others, to 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, court orders, other valid law enforcement obligations, to protect itself or others, to establish or exercise its legal rights, or defend against legal claims.
4. Data transfers to third parties
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.
Third-Party Data Controllers
In some cases, we may transfer Personal Data to unaffiliated third-party data controllers. These third parties do not act as agents or service providers and are not performing functions on our behalf. We may transfer your Personal Data to third-party data controllers for the purposes described in our Privacy Statement or this Policy. We will only provide your Personal Data to third-party data controllers where you have not opted-out of such disclosures or in the case of sensitive Personal Data, where you have opted-in. We enter into written contracts with any unaffiliated third-party data controllers requiring them to provide the same level of protection of Personal Data. We also limit their use of your Personal Data so that it is consistent with any consent you have provided and with the notices you have received. If we transfer your Personal Data to one of our affiliated entities within our corporate group, we will take steps to ensure that your Personal Data is protected with the same level of protection.
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.
5. Storage and processing
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 to 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 US 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; however, we will comply with the applicable international data protection law (including the GDPR) governing the transfer to ensure the protection of your data. You may revoke your consent by opting out at any time, but in that case, you may no longer participate as a Tester.
6. How long do we keep your personal information?
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.
7. How we protect your information
All information you provide to USERLYTICS™ is stored on secure servers. Any payment transactions will be encrypted using SSL technology. You are responsible for maintaining the confidentiality of any usernames or passwords associated with any account that you use to provide the testing services and for monitoring all activity under your account.
You may not disclose or share your username or password with any third parties or use them for any unauthorized purpose. You shall be deemed responsible, and you agree to assume full responsibility for all activities, acts, or omissions of anyone that occur under your account.
Unfortunately, the transmission of information via the internet is not completely secure. Although USERLYTICS™ will use commercially 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 commercially reasonable procedures and security features to try to prevent unauthorized access.
8. General data protection regulation (with standard contractual clauses)
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 laws.
- 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.
- Userlytics represents that it is self-certified to the EU-U.S. and Swiss-U.S Privacy Shield Framework and agrees, with respect to the relevant transfer or Data processing, that it shall comply with the Privacy Shield Principles when handling any such data.
- Userlytics adheres to Insights Association as our Independent Recourse Mechanism. In compliance with the Privacy Shield Principles, Userlytics Corporation commits to resolve complaints about our collection or use of your personal information. EU and Swiss individuals with inquiries or complaints regarding our Privacy Shield policy should first contact Userlytics at: DPO@Userlytics.com for any questions or concerns.
- Userlytics has further committed to refer unresolved Privacy Shield complaints to the Insights Association, an alternative dispute resolution provider located in the United States. If you do not receive timely acknowledgment of your complaint from us, or if we have not addressed your complaint to your satisfaction, please visit https://www.insightsassociation.org/Resources/Privacy-Shield/Information-for-EU-Swiss-Citizens-to-file-a-complaint for more information or to file a complaint. The services of the 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 U.S. Federal Trade Commission and/or the U.S. Department of Commerce.
To learn more about the European Union’s GDPR, please visit https://gdpr-info.eu/.
9. Compromise of personal information
In the event that personal information is compromised as a breach of security, USERLYTICS™ will promptly notify our affected testers in compliance with applicable law.
10. Data access, correction, deletion, and opt-out
You can review all the information we collected from you by contacting us directly at firstname.lastname@example.org.
You can correct or update all the information we collected from you by contacting us directly at email@example.com. You can also update some of the information in your profile dashboard.
You can request to stop receiving emails or direct communications from USERLYTICS™ by clicking on the unsubscribe link on your email and following the indicated steps or by contacting us directly at firstname.lastname@example.org.
You can request to remove all of your personal information by contacting us directly at email@example.com or by indicating said intent in your profile dashboard.
We will retain your information for as long as your account is active or as needed to provide our services and when this information is necessary to comply with our legal obligations, resolve disputes and enforce our agreements.
In summary, you have the right to request access to, correct, and delete your personal data in relation to data that is not being provided to a Client, such as audiovisual recordings and other test data related to tests and projects you may have participated in, which shall be retained for at least one year from the date of the finalization of the contractual agreement we have with the applicable client of USERLYTICS™. 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 firstname.lastname@example.org.
11. Children’s privacy
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 email@example.com.
12. Links to other websites
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.
13. Social media widgets
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 correctly.
Data Controller Information:
Company name: Userlytics Corporation.
Address: 1200 Brickell Avenue, Suite 1950 Miami, Florida (USA)
Phone Number: +1 888-809-0047
Contact email: firstname.lastname@example.org
The Data Protection Officer for Userlytics can be contacted here.
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