Privacy Policy

Children and Minors

Our website is not intended for children under 13 years of age. No one under age 13 may provide any information to or on the website. We do not knowingly collect personal information from children under 13. If you are under 13, do not use this website, register on this website, use any of the message or comment features of this website, or provide any information about yourself to us or any survey, including your name, address, telephone number, and email address. If we learn that we have collected or received personal information from a child under 13, we will delete that information. If you believe we might have any information from or about a child under 13, please contact us.

In jurisdictions where the minimum age for data processing consent is higher than 13 (such as 16 in many European Union member states under the GDPR), that higher age applies. If you are under the applicable minimum age in your jurisdiction, you may not use our services.

User Data We Collect

When you use our website, we may collect data relating to you and your use of our services and features from a variety of places on the website to understand our users and to provide better services. The following describes each category of data we collect:

Registration data: You need to register an account on our website before creating a survey. You also need an account in some other activities on our website. For registration, we only require an email address.

Account settings: You can choose various preferences when setting up your account. They include your display name, time zone, avatar, logo, etc. With this additional information, we can serve you better. Note that such information is optional.

Participant groups: If you conduct surveys repeatedly with the same group of people, it is recommended that you save their information such as email addresses into a group to save time. You can share your survey with the group again and again without manually re-entering their information for each survey.

Survey responses: We store the response that you submit to a survey.

Social media data: You can interact with other users through networking features such as messages, comments, and friend requests we provide on this website. Messages and friend requests are only viewable to people involved. Comments left on a survey are viewable to whoever is able to take the survey or view its results.

Usage data: As with most websites today, our website keeps log files that record data each time a device accesses our website. The log files contain data about the requested resource, the type of browser used, etc. Note that we do not link such usage data to survey responses.

Device data and IP addresses: We record the IP address of the device you use to visit our website. For most visits, we are able to map an IP address to a geographic location. Such mapping is not always accurate, and the level of detail of a corresponding location varies depending on countries. For an IP address from the USA, we may be able to find the corresponding state and city. If you take a survey, your IP address may be linked to your response by default, and the survey's creator may be able to see it as well as the information of the corresponding geographic location. However, survey creators have the option to disable IP address recording for their surveys, in which case your IP address will not be linked to your response. If you leave a comment without signing into our website, your IP address will be displayed.

Cookies and Tracking Technologies

We use "strictly necessary" cookies to provide our services. These are essential for the core functionality of our website and cannot be switched off in our systems.

• Survey Participation: Without cookies, the system cannot process, manage, or record your survey responses properly. This includes cookies that enable the "one response per browser" feature, which records whether a particular browser has already submitted a response to a survey.
• Service Access: For survey creators, cookies are required to manage your login session and enable access to your account and administrative tools.
• Site Display: Cookies ensure the proper visual display and functional layout of our website during your visit.

These cookies do not store any directly identifiable personal information. You can set your browser to block or alert you about these cookies, but doing so will cause the website and our services to stop functioning correctly for you.

We do not use cookies for advertising, behavioral tracking, analytics, or any purpose other than the strictly necessary functions described above.

Lawful Basis for Processing

We process your data on the following legal bases under applicable data protection laws:

• Contractual necessity: Processing your registration email address, account settings, survey data, and survey responses is necessary for us to provide the services you have requested.
• Legitimate interest: We process usage data (log files), device data (IP addresses), and cookies for the purposes of maintaining the security and proper functioning of our website, preventing fraud and abuse, and improving our services. These interests do not override your fundamental rights and freedoms.
• Legal obligation: We may process data when required to comply with applicable laws, regulations, or legal processes.

Data Sharing and Disclosure

No sale of personal information: AllCounted does not sell, rent, or lease your personal information (including your email address) to third parties. Under the CCPA and VCDPA, we do not engage in the "sale" or "sharing" of personal data for cross-context behavioral advertising.

Service providers: We use a limited number of third-party service providers to help us operate our website and deliver our services. These may include hosting infrastructure providers, email delivery services, and security services. These providers only process your data on our behalf and under our instructions, and are contractually obligated to protect your data and use it only for the purposes of providing services to us.

Survey data shared through platform features: When a survey creator configures their survey to be searchable, shares results publicly, or distributes their survey to participants, the survey data (including any responses) becomes accessible as configured by the creator through our platform. This is not a disclosure by AllCounted to third parties; rather, it is the survey creator's use of our sharing features as described in our Terms of Use.

Legal reasons: We are required by law to respond to subpoenas, court orders, or legal process, or to establish or exercise our legal rights or defend against legal claims. We may also share your information to investigate, prevent or take action regarding illegal activities, suspected fraud, situations involving potential threats to the physical safety of any person, violations of our Terms of Use, or as otherwise required by law. In this case, we may notify you at our sole discretion.

Acquisition: We may share information during any real or potential acquisition or merger of our company by or with another. In this case, we will notify you if your information becomes subject to a different privacy policy, and you will have a time frame to take actions such as deleting your data if you so choose.

The Role of Survey Creators and AllCounted

Our platform involves three distinct roles with respect to personal data: AllCounted (platform operator), survey creators (who design surveys and configure data collection), and survey participants (whose data may be collected through surveys).

Survey creators as data controllers: When a survey creator uses our platform to collect responses, the survey creator acts as the data controller (or equivalent designation under applicable law) for the personal data collected through their survey. The survey creator determines what data to collect, the purposes for collecting it, how to configure privacy and access settings, and how to use or share the results. As a data controller, the survey creator is independently responsible for complying with applicable data protection laws, including providing privacy notices to participants and obtaining any required consents.

AllCounted as data processor: AllCounted acts as a data processor on behalf of survey creators. We host and process survey response data according to the instructions survey creators provide through our platform's features and settings. We do not independently determine the purposes or means of processing survey response data. Our obligations as a data processor are governed by these terms and our Terms of Use.

Survey Creators

As a survey creator, you use our services to create surveys. Your survey's data, which includes questions and responses, is owned by you. You have the ability to specify who can take your survey and with whom you want to share its questions and results such as individual responses and summary. The way you control your data is up to you. We will not release your survey's data to any third party except in the limited situations described in the Data Sharing and Disclosure section above.

We safeguard the personal information such as names, email addresses, and phone numbers that you entered on our website. The same goes for such information that participants provided to your survey. Remember, you have the ability to share your survey's results with the public or a restricted group of people. If your survey asks for personal information, you are required to make sure its results are not shared with anyone. If your survey contains confidential business data, you need to make sure that the survey and its results are only accessible to those with a need.

If you use our email service to distribute your survey, you need to provide us with a list of email addresses of participants. We will not use those email addresses for any purpose other than delivering the invitation on your behalf.

You have the ability to add co-authors to your survey. Please be aware that co-authors will have full access to your survey, including its results. Besides, if you add team members to your account, they will have full access to all of your surveys. You are responsible to ensure that the people with access to your survey will not release your survey's data inappropriately.

When you start a campaign to distribute your survey, you can decide whether your survey will be searchable on our website and whether you want to share its results with the public in search results. A searchable survey means that people can find it through the search feature on our website. If your survey asks for confidential business data or personal information, you are required to make your survey non-searchable and non-sharable.

If you track which response came from which email address or individual access code, you are required to truthfully tell your participants about whether you are tracking their responses if they contact you about privacy.

Survey Participants

You are a survey participant when you take a survey. The survey creator holds your response data and acts as the data controller for that data. If you are responding to a survey and feel concerned with privacy, please contact the creator to see what their plans are for the data they collect. Whether your response is anonymous to the creator of a survey depends on how the creator has configured the survey. If you have any concern about this, you should contact the survey creator before taking the survey. If the survey creator enables the message feature we provide, you can use it to send them a question to start the conversation about your concern. Remember, responding to a survey is voluntary. You can always ignore any request for survey participation on our website. Besides, you can refuse to answer questions in a survey or abandon a survey completely. Sometimes refusing to answer a question would prevent you from completing a survey if the answer to the question is required.

By default, your IP address and approximate geographic location derived from it may be recorded and made available to the survey creator when you take a survey. The survey creator may disable this feature. If anonymity is important to you, contact the survey creator before participating to ask whether IP address recording has been disabled.

We serve only as a data processor by providing a web platform and services to allow the survey creator to receive responses. We are not responsible for the content of any survey or your response. The survey creator is responsible as the data controller for this type of data. If you wish to exercise your data rights with respect to survey response data, you should contact the survey creator directly.

Use of User Data

We respect your privacy and are committed to protecting data through our compliance with this policy. All of your data is confidential and our staff knows as much. Our staff will only access your data at a minimum necessary standard, and only trained staff for certain job tasks have access to your data.

Monitor and improve our services: We review user activities on our website to ensure that our services are used properly and that users like you can get the most out of our services. We internally perform analysis on data we collect to analyze and measure user activities and trends, to understand how people use our services, and to troubleshoot and improve our services. We may also use data we collect for other purposes such as testing, service improvement, research, and development.

Customer support: If you reach out to us for help, we may review your account to assist you. We will not share your data other than as you have directed and allowed in your request for support.

Backup of user data: We back up your data at scheduled times to ensure the continual operation of our website in case of unexpected interruptions.

Data Retention

We retain different categories of data for different periods:

• Account data and survey data: We retain your account information, surveys, and survey responses for as long as your account remains active or until you choose to delete them. When you delete your account, all associated data is permanently removed from our active systems.
• Usage data and log files: Server log files are retained for up to 12 months for security, troubleshooting, and service improvement purposes, after which they are automatically deleted.
• Backup copies: Deleted data may persist in our backup systems until those backups are overwritten in the ordinary course of our backup rotation schedule. We do not use backup data for active purposes except in disaster recovery situations.
• Email addresses provided for survey distribution: Email addresses that survey creators enter for email invitation distributions are retained only for the duration of the associated campaign and are not used for any other purpose.

We may retain certain data for longer periods when required by law or when necessary to resolve disputes, enforce our agreements, or protect our legal interests.

Data Rights

We respect the privacy rights of our users worldwide, including those under the General Data Protection Regulation (GDPR), the California Consumer Privacy Act (CCPA), and the Virginia Consumer Data Protection Act (VCDPA).

Regardless of your location, you have the following rights regarding your personal data held by AllCounted:

• Right to Access: You may request a copy of the personal data we hold about you.
• Right to Portability: You may request your data in a machine-readable format. You can also use our export features to download your survey data and responses in various formats.
• Right to Correction: You have the right to request that we update or correct any inaccurate information.
• Right to Deletion: You may permanently delete your account and all associated data at any time through Account Settings. You may also request deletion by contacting us.
• Right to Withdraw Consent: Where we rely on your consent for processing, you may withdraw that consent at any time by deleting your account or by contacting us.
• Right to Object: You have the right to object to our processing of your personal data where we rely on legitimate interest as the lawful basis.
• Right to Restrict Processing: You have the right to request that we restrict the processing of your personal data in certain circumstances.
• Right to Lodge a Complaint: You have the right to lodge a complaint with a data protection supervisory authority in your jurisdiction if you believe our processing of your personal data violates applicable law.
• No Sale of Data: We do not "sell" or "share" your personal information for cross-context behavioral advertising as defined by the CCPA and VCDPA.

To exercise any of these rights, please contact us at support@allcounted.com or through our contact page. We will respond to your request within 30 days (or within the timeframe required by applicable law). We do not discriminate against users for exercising their privacy rights.

Note for survey participants: The rights described above apply to data that AllCounted holds about you as a platform user (such as your account data). For data collected through a specific survey (your survey responses), the survey creator is the data controller. To exercise your rights regarding survey response data, please contact the survey creator directly.

International Data Transfers

AllCounted, Inc. is based in the United States. If you are accessing our website from outside the United States, please be aware that your data will be transferred to, stored, and processed in the United States, where data protection laws may differ from those in your jurisdiction.

For users in the European Economic Area (EEA), United Kingdom, or Switzerland, we rely on Standard Contractual Clauses approved by the European Commission (or equivalent mechanisms recognized by applicable law) as the legal basis for transferring personal data to the United States. By using our services, you acknowledge this transfer. If you have questions about our data transfer practices, please contact us at support@allcounted.com.

Data Breach Notification

In the event of a data breach that affects your personal data, we will notify you and the relevant supervisory authorities as required by applicable law. For users protected by the GDPR, we will notify the relevant supervisory authority within 72 hours of becoming aware of a breach that is likely to result in a risk to your rights and freedoms. We will notify affected users without undue delay when the breach is likely to result in a high risk to their rights and freedoms.

Notifications will be sent to the primary email address associated with your account and will include the nature of the breach, the likely consequences, and the measures we have taken or propose to take in response.

Links to Other Sites

Our website contains web links to other sites that are not owned or controlled by us. Please be aware that we are not responsible for the privacy practices of those websites. We cannot promise the safety of each of these links. We encourage you to read and be aware of the privacy agreements of those sites when you visit them.

The Longevity of User Data

As a survey creator, you can use the delete buttons in our system to delete your surveys, campaigns, distributions, and responses. You can also delete your account by clicking Account Settings, Delete Account. Deleting your account will permanently remove your data from the system.

Unless you choose to delete your data, we provide the service with the goal of maintaining your data and keeping it accessible online. However, as specified in our Terms of Use, we do not provide a guarantee of permanent storage. It is highly recommended that you routinely download and back up your survey results for your own permanent records.

Our backup database does not contain the data that was created after the backup was made, and it may contain the data that was modified or deleted after the backup was created. We do not intend to use backup data for actual use. In case we have to use it for actual use, you may lose some data, and you may need to review and clean up old data. You agree that we will not be held responsible for any data loss or cleanup work you may have.

In case AllCounted, Inc. is dissolved for reasons other than merger or acquisition, your data will be destroyed.

Inherent Risk

We have done our best to protect your data and we will continue to do so. However, we cannot guarantee anything, and there is an inherent risk in using our website. The internet and websites are complex systems and involve many components and human factors. We will continue to do the best we can on our side, and we hope you do the same to comply with our Terms of Use and Privacy Policy and carefully guard your account, data, and access to our website.

Changes to Privacy Policy

We may update this policy from time to time in our sole discretion. When we make material changes, we will update the "Effective" date at the top of this document and may provide additional notice (such as through the primary email address in your account or through a notice on our website). Changes become effective on the stated effective date. Your continued use of this website after the effective date is deemed to be acceptance of those changes. Please check this policy periodically for updates.

Language

These terms are prepared and written in US English. To the extent that any translated version conflicts with the English version, the English version controls, except where prohibited by applicable law.