Last updated October 13, 2021
1. When Does ExciteM collect Personal Data? When Users register on the Site:
If you want to become a User of the Service, You will have to register and open your personal ExciteM account. At the time of such registration, ExciteM will ask you to provide ExciteM with a certain amount of personal information. ExciteM may also ask you to provide ExciteM with additional demographic information (e.g. time zones and business names) in order to supplement information already associated with your ExciteM account. Submission of such personal information is voluntary, but without it you may not be able to (i) register on the Site and/or open your ExciteM account, and/or (ii) use any features of the Service which require such personal information. When Users submit a phone list to ExciteM:
When Users submit phone lists to ExciteM, ExciteM stores such phone numbers and, if provided to us, names and demographic information of third parties who will be participating in the Survey or any of ExciteM’s services. We regard and treat such Participant information as confidential. When Participants answer an ExciteM survey:
If a User has included, as part of a survey or a general phone campaign, questions regarding any Participant’s personal information, ExciteM may collect that information from any such Participant on a User's behalf. A Participant's submission of personal information in response to a ExciteM question is voluntary, and Participants may decline to answer a ExciteM survey at any time. However, by providing their personal information, Participants consent to providing their personal information to ExciteM for the purpose of delivering the Service to Users.
2. What Can The Personal Information We Collect Include? Publicly Available Personal Information:
We collect first name, maiden name (if applicable), last name, and nickname (if applicable); demographic information (time zone, business name etc.); email addresses; business email; IP address, geolocation, social media; and other similar data. Personal Information Provided by You:
We collect data collected from surveys; purchase history; passwords; financial information (credit card number, purchase history, invoices); and other similar data. Payment Data:
We collect data necessary to process your payment if you make purchases, such as your payment instrument number (such as a credit card number), and the security code associated with your payment instrument. All payment data is stored by the third party payment processor. Social Media Login Data:
We may provide you with the option to register using social media account details, like your Facebook, Google or other social media account. All personal information that you provide to us must be true, complete and accurate, and you must notify us of any changes to such personal information.
3. On which Grounds does ExciteM use personal data? To provide and enhance the Service:
We may use personal information and survey data in-house in order to provide and enhance the Service, to improve the Users’ interface. To check compliance:
ExciteM may inspect User account information and survey responses, which may contain the personal information of Users, Participants and third parties, in order to (i) ensure compliance by any User with the Site’s Terms of Service, (ii) to identify, contact or take action against a User whom we reasonably believe is in breach or has been in breach of the Site’s Terms of Service, or (iii) to identify a User whom we reasonably believe has caused or is causing an injury or a damage to or an infringement upon the rights or property of ExciteM, another User, or a third party.
4. To which extent and to whom does ExciteM disclose your personal data?
ExciteM uses personal information collected via our Services for a variety of business purposes described below. We process your personal information for these purposes in reliance on our legitimate business interests, in order to enter into or perform a contract with you, with your consent, and/or for compliance with our legal obligations. We indicate the specific processing grounds we rely on next to each purpose listed below. We use the information we collect or receive:
- To facilitate account creation and login process. If you choose to link your account with us to a third party account (such as your Google or Facebook account), we use the information you allowed us to collect from those third parties to facilitate account creation and login process for the performance of the contract.
- To send administrative information to you. We may use your personal information to send you product, service and new feature information and/or information about changes to our terms, conditions, and policies.
- Fulfill and manage your orders. We may use your information to fulfill and manage your orders, payments made through the Services.
- To enforce our terms, conditions, and policies for Business Purposes, Legal Reasons, and Contractual.
- To respond to legal requests and prevent harm. If we receive a subpoena or other legal request, we may need to inspect the data we hold to determine how to respond. ExciteM may disclose aggregate information about Users, Participants, and surveys.
- To manage user accounts.We may use your information for the purposes of managing our account and keeping it in working order.
- To deliver services to the user.We may use your information to provide you with the requested service.
- Report submission.We may provide information submitted by users to the poll organizers in a form of report when necessary.
- For other Business Purposes.We may use your information for other Business Purposes, such as data analysis, identifying usage trends, determining the effectiveness of our promotional campaigns and to evaluate and improve our Services, products, marketing, and your experience. We may use and store this information in aggregated and anonymized form so that it is not associated with individual end users and does not include personal information. We will not use identifiable personal information without your consent.
ExciteM safeguards and treats as confidential all survey data and individually identifiable information relating to Users and Participants, as well as information relating to the contents or results of any particular survey or phone campaign. No electronic data is 100% secure and protected, nor are Internet transmissions 100% secure and protected. Thus, ExciteM cannot guarantee that survey data, which may or may not include individually identifiable information, can never be accessed or retrieved by individuals who are not authorized by ExciteM to do so. ExciteM may disclose aggregate information about Users, Participants and surveys. In such cases, ExciteM does not release any information that would specifically identify a Participant or his or her survey answers, or a User. For example: ExciteM may disclose information about the size of the average phone list for a 5-question survey, but ExciteM would not disclose the actual phone numbers dialed, the contents of the survey, or the results of the survey; or ExciteM may disclose the total number of calls that have been made while using the Service during the previous week, but ExciteM would under no circumstances disclose the actual phone numbers dialed.
5. Will your information be shared with anyone?
When you create an account with ExciteM you give your consent that we may process or share data based on the following legal basis:
- Consent: We may process your data if you have given us specific consent to use your personal information for a specific purpose.
- Legitimate Interests: We may process your data when it is reasonably necessary to achieve our legitimate business interests.
- Performance of a Contract: Where we have entered into a contract with you, we may process your personal information to fulfill the terms of our contract.
- Legal Obligations: We may disclose your information where we are legally required to do so in order to comply with applicable law, governmental requests, a judicial proceeding, court order, or legal process, such as in response to a court order or a subpoena (including in response to public authorities to meet national security or law enforcement requirements).
- Vital Interests: We may disclose your information where we believe it is necessary to investigate, prevent, or take action regarding potential violations of our policies, suspected fraud, situations involving potential threats to the safety of any person and illegal activities, or as evidence in litigation in which we are involved.
More specifically, we may need to process your data or share your personal information in the following situations:
- Vendors, Consultants and Other Third-Party Service Providers. We may share your data with third party vendors, service providers, contractors or agents who perform services for us or on our behalf and require access to such information to do that work. Examples include: payment processing, data analysis, email delivery, hosting services, customer service, and marketing efforts. We may allow selected third parties to use tracking technology on the Services, which will enable them to collect data about how you interact with the Services over time. This information may be used to, among other things, analyze and track data, determine the popularity of certain content and better understand online activity. Unless described in this Policy, we do not share, sell, rent or trade any of your information with third parties for their promotional purposes.
- Business Transfers. We may share or transfer your information in connection with, or during negotiations of, any merger, sale of company assets, financing, or acquisition of all or a portion of our business to another company.
- Third-Party Advertisers. We may use third-party advertising companies to serve ads when you visit the Services. These companies may use information about your visits to our Website(s) and other websites that are contained in web cookies and other tracking technologies in order to provide advertisements about goods and services of interest to you.
- Business Partners. We may share your information with our business partners to offer you certain products, services or promotions.
- Other Users. When you share personal information or otherwise interact with public areas of the Services, such personal information may be viewed by all users and may be publicly distributed outside the Services in perpetuity. If you interact with other users of our Services and register through a social network (such as Facebook), your contacts on the social network will see your name, profile photo, and descriptions of your activity. Similarly, other users will be able to view descriptions of your activity, communicate with you within our Services, and view your profile.
6. How Do We Handle Your Social Logins?
7. Participants’ choice to respond to surveys:
Responding to any ExciteM survey is purely voluntary.
8. How Long Do We Keep Your Information?
9. What Are Your Privacy Rights?
In some regions, such as the European Economic Area, you have rights that allow you greater access to and control over your personal information. You may review, change, or terminate your account at any time. In some regions (like the European Economic Area), you have certain rights under applicable data protection laws. These may include the right (i) to request access and obtain a copy of your personal information, (ii) to request rectification or erasure; (iii) to restrict the processing of your personal information; and (iv) if applicable, to data portability. In certain circumstances, you may also have the right to object to the processing of your personal information. To make such a request, please use the contact details provided below. We will consider and act upon any request in accordance with applicable data protection laws. If we are relying on your consent to process your personal information, you have the right to withdraw your consent at any time. Please note however that this will not affect the lawfulness of the processing before its withdrawal. If you are resident in the European Economic Area and you believe we are unlawfully processing your personal information, you also have the right to complain to your local data protection supervisory authority. You can find their contact details here: http://ec.europa.eu/justice/data-protection/bodies/authorities/index_en.htm.
10. Account Information
If you would at any time like to review or change the information in your account or terminate your account, you can:
- Contact our support team via firstname.lastname@example.org and notify us of the action you would like to be taken.
11. Opting out of email marketing
You can unsubscribe from our marketing email list at any time by clicking on the unsubscribe link in the emails that we send or by contacting ExciteM via its Help Center by email at email@example.com or by logging into your account and accessing the account settings. You will then be removed from the marketing email list – however, we will still need to send you service-related emails that are necessary for the administration and use of your account. To otherwise opt-out, you may:
- Note your preferences when you register an account with the site.
- Contact us using the contact information provided.
12. Information From Minors Regulation
Our website and services are not directed to children. Access to and use of ExciteM is only for those over the age of 13 (or 16 in the European Union). If you are younger than that, you may not register for or use ExciteM. Everyone who registers as a user or provides their personal information represents that they are 13 years of age or older (and 16 years or older in the European Union).
14. Data Breach
A privacy breach occurs when there is unauthorized access to or collection, use, disclosure or disposal of personal information. You will be notified about data breaches when ExciteM believes you are likely to be at risk or serious harm. For example, a data breach may be likely to result in serious financial harm or harm to your mental or physical well-being. In the event that ExciteM becomes aware of a security breach which has resulted or may result in unauthorized access, use or disclosure of personal information ExciteM will promptly investigate the matter and notify the applicable Supervisory Authority not later than 72 hours after having become aware of it, unless the personal data breach is unlikely to result in a risk to the rights and freedoms of natural persons.
15. California Residents Privacy Rights
California Civil Code Section 1798.83 permits our users who are California residents to request and obtain from us, once a year and free of charge, information about categories of personal information (if any) we disclosed to third parties for direct marketing purposes and the names and addresses of all third parties with which we shared personal information in the immediately preceding calendar year. If you are a California resident and would like to make such a request, please submit your request in writing to us using the contact information provided below. If you are under 18 years of age, reside in California, and have a registered account with the Services, you have the right to request removal of unwanted data that you publicly post on the Services. To request removal of such data, please contact us using the contact information provided below, and include the email address associated with your account and a statement that you reside in California. We will make sure the data is not publicly displayed on the Services, but please be aware that the data may not be completely or comprehensively removed from our systems.
16. Contacting ExciteM