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Data and Information Security and Privacy Policies

The security and privacy of data collection is a paramount focus for mSurvey. The following Data and Information Security and Privacy Policies, explain the types of data and information mSurvey collects, how the data and information is stored, who owns the data and information, and how the data and information is used.

1.  Definitions

1.1 “Billing Information” means financial information corresponding to a Client’s (hereinafter defined) preferred method of payment (e.g., credit card number and expiration date or a bank account number).

1.2 “Client” means a client of mSurvey.

1.3 “Client Account Information” means the information collected from a Client in establishing and maintaining that Client’s account. Examples of Client Account Information are: username, password, email address, physical address and Billing Information.

1.4 “Data and Information Security Protocols” means the sequence of operations and equipment that mSurvey has put in place to ensure the protection of data and information.

1.5 “Effective Date” means the date upon which these Data and Information Security and Privacy Policies, or any revision thereto, take effect.

1.6 “mSurvey” means Mobile Surveys, Inc.

1.7 “Personal Data” and “Personally Identifiable Information” mean data and information that can be used on its own, or in combination with other data and information, to identify, contact, or locate an individual, or to identify an individual in a larger context.

1.8 “Survey Creator” means the individual or entity conducting a survey using mSurvey’s software solutions.

1.9 “Survey Data” means survey questions and the responses thereto.

1.10 “Survey Respondent” means an individual who has responded to a survey.

2.  Data and Information Security Protocols

2.1 mSurvey shall store all data and information that it collects, including, Billing Information, Client Account Information, Personal Data/Personally Identifiable Information, and Survey Data, in accordance with its Data and Information Security Protocols.

3.  Billing Information and Client Account Information

3.1 When a Client registers for an mSurvey account, certain Billing Information and Client Account Information will be collected from the Client. Additional Billing Information and Client Account Information may be requested from mSurvey to maintain the account.

3.2 mSurvey shall hold Billing Information and Client Account Information in the strictest confidence and shall not share Billing Information or Client Account Information with third parties, beyond the extent necessary to bill the Client, without the express consent of the Client. mSurvey shall not sell Billing Information or Client Account Information without the consent of the Client. mSurvey shall only use Billing Information and Client Account Information for the purposes of managing the Client’s account and for billing.

3.3 mSurvey shall protect and secure Billing Information and Client Account Information in accordance with the Data and Information Security Protocols.

3.4 mSurvey may disclose Billing Information and/or Client Account Information as required or permitted by law, or when it is believed that disclosure is necessary to protect mSurvey’s rights, and/or to comply with a judicial proceeding, court order, subpoena, or other legal process served on mSurvey.

4.  Personal Data/Personally Identifiable Information Collected

4.1 During the course of conducting surveys, irrespective of whether a Client or mSurvey is the Survey Creator, the following Personally Identifiable Information may be collected from Survey Respondents: mobile telephone number, year-of-birth, and geographic location. Such data is stored in the aggregate, and mSurvey separates the Survey Respondents’ mobile telephone numbers from the year-of-birth and geographic location data when storing data.

5. Ownership and Use of Personal Data/Personally Identifiable Information

5.1. As between mSurvey and a Survey Respondent, ownership of all Personal Data/Personally Identifiable Information vests with the Survey Respondent.

5.2. If mSurvey is not the Survey Creator, as between the Survey Creator and a Survey Respondent, ownership of all Personal Data/Personally Identifiable Information is governed by the agreement between the Survey Creator and the Survey Respondent. If mSurvey is not the Survey Creator, questions regarding ownership of Personal Data/Personally Identifiable Information as between a Survey Respondent and a Survey Creator should be directed to the Survey Creator.

5.3. mSurvey does not share Personal Data/Personally Identifiable Information. mSurvey shall not sell Personal Data/Personally Identifiable Information.

5.4. mSurvey shall protect and secure Personal Data/Personally Identifiable Information in accordance with the Data and Information Security Protocols .

5.5. mSurvey may disclose Personal Data/Personally Identifiable Information as required or permitted by law, or when it is believed that disclosure is necessary to protect mSurvey’s rights, and/or to comply with a judicial proceeding, court order, subpoena, or other legal process served on mSurvey.

5.6 mSurvey may disclose Personal Data/Personally Identifiable Information as required or permitted by law, or when it is believed that disclosure is necessary to protect mSurvey’s rights, and/or to comply with a judicial proceeding, court order, subpoena, or other legal process served on mSurvey.

6. Survey Data

6.1 As between mSurvey and its Clients, ownership of Survey Data vests with the Client. mSurvey stores Survey Data on the behalf of its Clients, but does not assert any ownership in such data.

6.2 If mSurvey is not the Survey Creator, as between the Survey Creator and Survey Respondents, ownership of Survey Data is governed by the agreement between the Survey Creator and the Survey Respondents. Questions regarding ownership of Survey Data as between Survey Respondents and the Survey Creator should be directed to the Survey Creator.

6.3 mSurvey does not share Survey Data with third parties with the express consent of the owner thereof. mSurvey shall not sell Survey Data without the express consent of the owner thereof.

6.4 mSurvey shall protect and secure Survey Data in accordance with the Data and Information Security Protocols.

6.5 mSurvey may disclose Survey Data as required or permitted by law, or when it is believed that disclosure is necessary to protect mSurvey’s rights, and/or to comply with a judicial proceeding, court order, subpoena, or other legal process served on mSurvey.

7.  Deletion of Data/Information

7.1 mSurvey shall delete data/information upon the express request of the owner thereof. Unless other arrangements are made, all data related to a Client account, including Survey Data, will be deleted from mSurvey’s systems twelve (12) months from the date upon which the Client account is closed.

8.  Cookies and Computer Tracking

8.1 A cookie is a small amount of data that is sent to an Internet browser from a Web server and stored on a computer's hard drive. mSurvey uses non-identifying cookies to provide easier site navigation and access. The mSurvey site can be used if an Internet browser is set to reject cookies, however, certain functionality may not be available or work correctly. Cookies on the mSurvey site do not generate personal data, do not read personal data from a computer, and are not tied to anything that could be used to identify the owner or user of the computer.

8.2 The mSurvey web site is not set up to track, collect, or distribute personal information not entered by its visitors. The site logs do generate certain kinds of non-identifying site usage data, such as the number of hits and visits to the site. This information is used by mSurvey for internal purposes by technical support staff to provide better service. The number of hits and visits to the site may be publicly displayed on the mSurvey site.

9.  Effective Date and Revision of these Data and Information Security and Privacy Policies

9.1 The Effective Date of these Data and Information Security and Privacy Policies is October 1, 2015. These Data and Information Security and Privacy Policies may be revised by mSurvey at any time, with or without notice to the Client. Any revision to these Data and Information Security and Privacy Policies, and the new effective date thereof, shall be posted on the mSurvey website. The Client should check mSurvey’s website periodically to make sure it has the most current version of these Data and Information Security and Privacy Policies.

10.  Contacting mSurvey

10.1 If you require additional information about mSurvey’s Data and Information Security and Privacy Policies, or have a specific security or privacy concern, please e-mail us at: support@msurvey.co. mSurvey can also be reached by sending a text message to +254 703 348 440.