Mindshare and Empathica Privacy Policy

GENERAL PRIVACY POLICY
This Privacy Policy discloses the information practices of Mindshare Technologies, Inc. and its affiliate, Empathica Inc. (collectively “Mindshare”, “we”, or “us”) relating to our web sites and web/text surveys, reporting engines (collectively the “Sites”), phone surveys, data collection and any other methods of interacting with us. A separate privacy policy is set forth below for Mindshare’s GoRecommend program and application.

Your privacy is important to you and to us, and we are committed to protecting your privacy. This policy was created in order to comply with the Privacy Act (1974), the Personal Information Protection and Electronic Documents Act (PIPEDA), and any other relevant legislation. To the extent there is additional protection afforded to you pursuant to the law, which is not set forth herein, we agree to take such measures to give full effect to such additional protection.

Safe Harbor-Compliant Affirmative Commitment
Mindshare complies with the U.S.-EU Safe Harbor Framework as set forth by the U.S. Department of Commerce in consultation with the European Commission and the U.S.-Swiss Safe Harbor Framework as set forth by the U.S. Department of Commerce in consultation with the Federal Data Protection and Information Commissioner of Switzerland regarding the collection, use, and retention of personal information from European Union member countries and Switzerland. Mindshare has certified that it adheres to the Safe Harbor Privacy Principles of notice, choice, onward transfer, security, data integrity, access, and enforcement. To learn more about the Safe Harbor Frameworks, and to view Mindshare’s certification, please visit http://www.export.gov/safeharbor/.

Mindshare’s Clients and How This Relates to Your Privacy
Mindshare is a software as a service (SaaS) provider for companies conducting data collection activities via telephone, the Internet, text messaging, comment cards, mystery shopping, internal audits and other data collection methods. Following collection, the information is analyzed and reported on. These activities are primarily targeting customer and employee satisfaction issues, but may also include market, product, and service research, as well as other types of research. Surveys and data collection may be hosted and accessible on Mindshare’s ASP Hosting site, or on our clients’ own hosting sites. Reports are processed and printed each day that may provide our clients with your Personal Information for the purpose of improving their operations and/or contacting you to follow up on your service experience, and/or the information you provided. Be aware that Mindshare’s clients have full access to the data, and therefore bear full responsibility for usage of that data. In such cases, please refer to the privacy policy of the Mindshare client who invited you to provide information and feedback.

What is Personal Information?
Personal Information is information about an identifiable individual. It may include your full name, address, zip code, telephone number, date of birth, email address, demographic/classification information (e.g. education or age), and any other information that identifies who you are or would allow someone to contact you. It also may include client program membership or loyalty numbers. Your contact information may be used as required to follow up on your feedback so you can be contacted by client employees or representatives. Personal Information only becomes known to Mindshare when you voluntarily provide it to us, or it is provided to Mindshare by the Mindshare client that invited you to take a survey.

Collection and Use of Personal Information
We will not collect any Personal Information from you that you do not volunteer. Participation in surveys or other data collection is completely voluntary and you have a choice whether or not to respond and whether or not to disclose any requested information. We do not sell, share, or rent Personal Information to third parties unless you expressly agree to have Mindshare share your Personal Information as described below.

If you choose to take a survey, register, or submit personally identifiable information to us, you agree to the use of such information in accordance with this privacy policy. If you elect not to provide your Personal Information to us, you will be ineligible to participate in any incentive contest that is offered on the Sites. If you have already submitted Personal Information and would like us to remove it from our records, or if you would like to know what Personal Information is held in our records, see the Contact section below.

Telephone ANI Visibility
When you dial a toll-free number in the United States, the party you are calling pays for the call. The called party is able to identify your telephone number using a telephone network technology called Automatic Number Identification (ANI). FCC rules limit parties that own toll-free numbers from distributing the telephone numbers identified through ANI and require telephone companies to inform customers that their telephone numbers are being transmitted to toll-free numbers in this way. If you take a Mindshare telephone survey, both Mindshare and its clients may have access to your ANI, but, per FCC rules, will not distribute that telephone number further.

IP Addresses and Cookies
We use your IP address to help diagnose problems with our servers and to administer the Sites. Your IP address is also used to gather broad demographic information. Our Sites may use cookies to make sure you don’t access the same survey repeatedly and to determine the browser the visitor uses so the Sites can be designed to work properly with the most common versions of different browsers. If used, these cookies are not linked to any Personal Information. If you reject cookies, you may still use the Sites; however, you may not be able to access all areas or features.

PRIVACY POLICY IN SPECIFIC CIRCUMSTANCES

Using and Sharing Personal Information
The following paragraphs describe in more detail how Mindshare may use your personal information in specific circumstances. Depending on the specific interaction you have with Mindshare, one or more of the following may apply.

Assistance to Complete a Survey
In certain circumstances you may require assistance from Mindshare to complete a survey. If the survey is being administered by telephone, you may be required to leave a voice message. If the survey is being administered online or by other text media, you may be asked to post a message to Mindshare using an e-form or e-mail. Personal Information may be required. In this case, the Personal Information will only be used to contact you for the intent of resolving their difficulty in accessing and completing a Survey.

Promotional and Incentive Contests
Mindshare or its clients may offer various promotions, incentives, or sweepstakes from time to time. When entering a promotional contest, we, our client, or our client’s fulfillment vendor may ask for your name, date of birth, address (e-mail and/or residential), financial information (such as income level), or phone number so that we may communicate with you in the event you are a winner.

Contact Us
Our Sites’ contact forms may request your name and contact information, potentially including telephone numbers. An email address is required to post a message to Mindshare using an e-form.

Opt-In
For certain surveys and other opt-in services, Mindshare may collect profile (e.g. personal interests) and demographic information (e.g. household income, etc). This information will be used to communicate specific information to you based on the profile and demographic information you provide. Some surveys and opt-in services offer visitors the option of participating in additional surveys or receiving information from Mindshare or from a Mindshare client or business partner. Visitors must opt-in if they wish to participate or receive such information, and if they do, their Personal Information may be used by Mindshare and/or shared with a client of Mindshare or business partner for that purpose.

Fulfilling Your Transaction Request
If you request something from a Mindshare web site, for example, a product or service, a whitepaper, a callback, or specific marketing materials, we will use the information you provide to fulfill your request. To help us do this, we may share information, with others, for instance, other parts of Mindshare and business partners involved in the fulfillment. If you request information about our products or services, we may follow up with you in the future with additional information that we think may be of interest to you. You will always have an opportunity to opt out of receiving such communications. In connection with a transaction, we may also contact you for market research purposes.

Public Forums
The Sites may make chat rooms, forums, message boards and/or news groups available to its visitors. Please remember that any information that is disclosed in these areas becomes public information and you should exercise caution when deciding to disclose your personal information.

Subscription Registration
If you register for a subscription (e.g. to a newsletter or other communication) we will use the registration information that you submit to process your request. We will keep this information in a database. In addition, we may contact you about future publications and Mindshare services that may be of interest to you. You will always have an opportunity to opt out of receiving such communications.

Disclosure of Aggregate Information
Mindshare reserves the right to use non-personal customer and/or employee data in aggregate for the purposes of generating “norms” and industry benchmarks, etc.

Job Applications
If you submit a job application to Mindshare, we may use the Personal Information that you supply, such as your email address and phone number, to contact you about possible job openings. We may also contact previous employers and references, unless you instruct us not to.

Disclosures Required by Law
Be aware that in certain circumstances, it is possible that Personal Information may be subject to disclosure pursuant to judicial or other government subpoenas, warrants, or orders. This includes the investigation of network abuse or a violation of our terms of use or other published guidelines, or as a part of any actual or threatened legal proceedings or alternative dispute resolution proceedings either initiated by or against us.

New Use of Personal Information
Should Mindshare wish to use your Personal Information for a purpose not contemplated at the time of initial collection, such as additional services, products, or promotional offers that may be of interest to you, we will use your contact information, including your email address, to ask for your consent to use your Personal Information for the new purpose.

Non-Personal Information
Our phone systems and web servers do automatically recognize some non-personal information. Specifically, when you visit Mindshare Sites, we collect information regarding:

  • your Internet location (IP address)
  •  the software (and its configuration) you use to visit our site
  • the dates and times you visit our site
  • the pages you visit on our site, and
  • other, non-personal information, which we use to analyze our web traffic and administer our servers.

Links to Third-Party Sites
The Sites contain links to third-party sites. Neither Mindshare nor any of its affiliates are responsible for the privacy practices or the content of such third-party Web sites. Mindshare co-branded sites and content partner sites have privacy policies independent of Mindshare. We do not control the privacy practices of those sites and therefore strongly encourage users to familiarize themselves with the privacy practices and customs of any web site controlled by a third party before disclosing any Personal Information on that site. Mindshare may share aggregate information with co-branded and other related sites, however this aggregated information does not contain personally identifiable information. This Privacy Policy extends only to data collected on pages hosted on the Mindshare servers.

Security, Storage, and Retention of Information
The Sites (including, but not limited to: websites, surveys, reporting applications, and data transfer applications), have commercially reasonable security measures consistent with industry standards in place to protect against the loss, misuse and interception of information by third parties. Mindshare holds its physical hosting facilities to these same standards. Nevertheless, Mindshare assumes no liability for interception, alteration or misuse of information transmitted over the Internet.

Mindshare imposes strict internal controls over employees with access to Customer Information. Such access is granted only on a need-to-know basis.

Mindshare will retain Personal Information only for as long as necessary to fulfill the purpose(s) for which it was collected and to comply with applicable laws, and your consent to such purposes(s) will remain valid after termination of our interaction with you.

Our Worldwide Practices
Mindshare conducts business globally, with people, processes, and systems that cross borders. Our privacy practices are designed to provide protection for your Personal Information, all over the world. Some countries may provide less legal protection for your information. In such countries, Mindshare will still handle information in the manner we describe here.

How to Correct or Update Your Personal Information
If you need to correct or update your Personal Information registered with us, contact the privacy officer and use “personal profile update” as the subject of the message. Please make sure to include your previously registered name, address, email address and phone number along with any new Personal Information in the body of the message. Mindshare will record your Personal Information change in our web database and will make this change available to our proper business groups.

Changes to this Privacy Policy
This Privacy Policy may be amended at any time, without prior notification.

GORECOMMEND PRIVACY POLICY (IMPORTANT NOTICE – Effective Date: May 23, 2009)

GoRecommended is a patented social media advocacy solution. By installing or using the GoRecommend software application on Facebook, you confirm that you have read and understand this privacy policy (referred to as “Privacy Policy”). This Privacy Policy shall be considered applicable to your use of GoRecommend.

Use of GoRecommend is governed by the GoRecommend Terms of Use and this GoRecommend Privacy Policy is considered to be a part of the GoRecommend Terms of Use.

General
We created GoRecommend to make it easy for you to recommend product and service brands and locations to your friends on Faceboook. Use of GoRecommend often requires you to share with us and other users certain Content that you have provided to us. In addition, portions of your Account Information such as your Facebook account name may be associated with your Content. However, we understand you may not want everyone in the world to have all the User Information available to GoRecommend. As such, through your Facebook account settings, you control what User Information is made available to GoRecommend, including your contact and personal information, pictures and interests.

All use of GoRecommend takes place through Facebook and involves use of User Information that is made available by Facebook for use by GoRecommend and involves the use Content that you input through your use of GoRecommend. For further information about safe use of Facebook, see Safe Use of Facebook: https://www.facebook.com/terms.php.

This GoRecommend Privacy Policy is designed to help you understand how we collect and use the User Information that you decide to share through GoRecommend, and to help you make informed decisions when using GoRecommend.

We reserve the right to change the GoRecommend Privacy Policy at any time. If we make changes, we will post them at this page and we will indicate at the top of this page the GoRecommend Privacy Policy’s new effective date. If we make material changes to the GoRecommend Privacy Policy, then we will notify you here, by email or through a notice within GoRecommend or through Facebook. We encourage you to refer to this GoRecommend Privacy Policy on an ongoing basis so that you understand the terms of our current privacy policy. Unless stated otherwise, our current GoRecommend Privacy Policy applies to all information that we have about you and your Facebook account.

Collection and Use of User Information and Content
When you install and use GoRecommend, we are provided access to various types of your personal information including:

1. Personal information that you knowingly disclosed to Facebook in your Facebook account and that you allow to be provided through your Facebook Privacy Settings, which may include your name, your email address, your telephone number, your address, your gender, schools attended, and any other personal or preference information provided to Facebook and made available by Facebook to GoRecommend (referred to as “Account Information”);
2. When you use GoRecommend in any way, you may send messages, refer friends to GoRecommend, post comments and other materials, and otherwise transmit information through various channels, all of which is collected and stored by us (referred to as “Content”);
3. We may also collect information about you from outside sources and other users of the Application (referred to as “Public Information”).

All of the above is collectively referred to as “User Information”.

By using GoRecommend, you consent to have your User Information transferred to, stored, and processed in Canada and the United States of America, and you consent that User Information may be used in any of the following ways:

1. We may occasionally use your User Information to send you notifications regarding new services or applications offered by us and to notify you whether you have been selected as a contest winner in any sweepstakes or promotional contest that we may operated from time to time and for which you are eligible to enter.
2. We may send you announcements from time to time through the general operation of GoRecommend or Facebook. Generally, you may opt out of such emails by sending an emailing to support@gorecommmend.net specifying that you wish to opt out and indicating your Facebook user name. However, we reserve the right to send you notices regarding your specific use of GoRecommend even if you opt out of all voluntary email notifications.
3. We may use your User Information without identifying you as an individual to third parties. We do this for purposes such as aggregating how many people in a network use GoRecommend.
4. We may use Public Information to make GoRecommend more beneficial and customized to you. If you do not want to this to be done or would like us to take other actions that limit the use of such Public Information, please email us at support@gorecommmend.net specifying that you wish to opt out and indicating your Facebook user name.
5. We do not provide contact information to third party marketers without your permission. We share your User Information with third parties only in limited circumstances where we believe such sharing is (1) reasonably necessary to offer GoRecommend, (2) legally required, or (3) permitted by you. Without limiting the generality of the foregoing, for example, we may provide User Information to service providers to help us offer and operate GoRecommend. Specifically, we may use third parties to facilitate our business, such as to host the User Information at a co-location facility for servers, to send out email updates about GoRecommend Application, to remove repetitive information from our User lists, to process payments for products or services, to offer an online job application process, or to provide search results or links (including sponsored links). In connection with these offerings and business operations, our service providers may have access to your User Information for use for a limited time in connection with these business activities. Where we utilize third parties for the processing of any personal information, we implement reasonable contractual and technical protections limiting the use of that information to GoRecommend specified purposes.
6. Since GoRecommend is considered a platform application of Facebook, you may also opt-out of any sharing of certain of the Account Information through the Privacy Settings of your Facebook account. You can report to Facebook any suspected misuse of information that occurs as a result of GoRecommend and they will investigate such claim.
7. We may be required to disclose User information pursuant to lawful requests, such as subpoenas or court orders, or in compliance with applicable laws. We do not reveal User Information until we have a good faith belief that an information request by law enforcement or private litigants meets applicable legal standards. Additionally, we may any other information about you in our possession or control when we believe it is necessary to comply with law, to protect our interests or property, to prevent fraud or other illegal activity perpetrated through GoRecommend, to protect improper use of our company or product names, or to prevent imminent bodily harm. This may include sharing information with Facebook officials, police, other companies, lawyers, agents, or government agencies.
8. GoRecommend may permit you to share User Information with marketers or other companies who are offering services through GoRecommend. You will be able to know when another company is involved in any service provided on GoRecommend Application, and we may share User Information with that company in connection with your use of that service offered by such company.
9. If the ownership of GoRecommend were to change from us to another party, your User Information may be transferred to the new owner so GoRecommend can continue to operate. In any such transfer of ownership, your User Information would remain subject to the promises made to you in this Privacy Policy.

Links
GoRecommend may contain links to other websites. We are not responsible for the privacy practices of these other web sites. We encourage you to be aware when you leave GoRecommend and to read the privacy statements of each and every web site that collects personally identifiable information. This Privacy Policy applies solely to information collected by us while using GoRecommend.

Third Party Advertisements
Advertisements that appear within GoRecommend are sometimes delivered (or “served”) directly to users by third party advertisers or advertising services (collectively referred to as “Third Party Advertisers”) such as Google Adsense and other companies. The Third Party Advertisers automatically receive your IP address in the process of serving the advertisements. These Third Party Advertisers may also download cookies to your computer, or use other technologies such as JavaScript and “web beacons” (also known as “1×1 gifs”) to measure the effectiveness of their advertisements and to personalize advertising content. Doing this allows the Third Party Advertiser to recognize your computer each time they send you an advertisement in order to measure the effectiveness of their ads and to personalize advertising content. In this way, they may compile information about where individuals using your computer or browser saw their advertisements and determine which advertisements are clicked. We not have access to or control of the cookies that may be placed by the Third Party Advertisers. Third Party Advertisers have no access to your User Information stored in Facebook or GoRecommend unless you choose to share it with them. This Privacy Policy covers the use of cookies by us and does not cover the use of cookies or other tracking technologies by Third Party Advertisers.

Security
We take appropriate precautions to protect your User information and we have reasonable security measures in place to protect against the loss, misuse and interception of User Information by third parties. However, we assume no liability for interception, alteration or misuse of User Information transmitted over the Internet.

We cannot control the actions of other Users with whom you may choose to share Content and User Information. Therefore, we cannot and do not guarantee that any Content you post or User Information made public from you as a result of your use of GoRecommend will not be viewed by unauthorized persons. We are not responsible for circumvention of any privacy settings or security measures contained in GoRecommend or Facebook. You understand and acknowledge that, even after removal, copies of Content may remain viewable in cached and archived pages or if the other Users have copied or stored your Content. We collect and retain Content and User Information so that we can provide you the features of GoRecommend and to offer personalized features.

If you become aware of any third party that is collecting or misusing any Content or User Information please contact us at goRecommend@empathica.ca any provide us with particulars so that we may investigate and take appropriate action.

Referrals and Privacy
If you choose to refer friends to use GoRecommend, we will ask you for information needed to send your friends an invitation to use GoRecommend, such as the friend’s Facebook account name, their name, and email address. We will automatically send your friend a one-time email or message through Facebook inviting him or her to install GoRecommend and we may indicate that you have referred such person to us. We store the information you have provided to us so that we can send this one-time invitation and to track the number of referrals. Your friend may contact us at support@gorecommmend.net to request that we remove this referral information from our database.

Children’s Information
Mindshare does not knowingly collect or solicit personal information from anyone under the age of 13 or knowingly allow such persons to use GoRecommend. If you are under 13, please do not attempt to install or use GoRecommend, or send any information about yourself to us, including your name, address, telephone number, or email address. No one under the age of 13 should provide any personal information to us through GoRecommend. In the event that we learn that we have collected personal information from a child under 13 without verification of parental consent, we will delete that information as quickly as possible. However, we have no obligation to search for, confirm, or identify such information. If you believe that we might have any information from or about a child under the age of 13 please contact us by email at support@gorecommend.net and provide particulars of the situation.

Privacy Questions and Access
If you have questions or suggestions about this privacy statement, the practices of our Sites, or an account of the use that has been made with your information or your interactions with Mindshare, simply contact the following:

Privacy Officer Contact:
Privacy@mshare.net
(801) 263-2333

Privacy Officer Address:
Mindshare Technologies, Inc.
Attn: Privacy Officer
310 East 4500 South, Suite #450
Salt Lake City, Utah 84107