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USERTESTING PRIVACY POLICY
Note on translation: The English version of the Privacy Policy (located at
https://www.usertesting.com/privacy-center/privacy-policy) is the controlling
language of this Privacy Policy, and any translation has been prepared for you
as a courtesy only. In the event of a conflict between the English-language
version of this Privacy Policy and a version that has been translated into
another language, the English-language version shall control.
At UserTesting, your privacy is important to us. This Privacy Policy describes
the personal data that User Testing, Inc., Teston AS, and group companies
(collectively referred to as "the Company," “we," "our," and "us") processes.
This Privacy Policy also explains how we process personal data and for what
purposes.
SUMMARY OF KEY POINTS
* This Privacy Policy explains when we process Personal Data for our legitimate
business interests. For more information on how to access and control your
data, please see the "How you can control your data" section.
* We use cookies and other technologies to track the use of our websites and
apps. To learn about opportunities to choose not to allow cookies, please see
our Cookie Policy here (https://www.usertesting.com/cookie-policy).
* We do not sell your data.
* We transfer data across borders, including to and from the US and other
locations. Where applicable, we abide by the EU Standard Contractual Clauses
for Processors pursuant to the European Commission Decision as of 4 June 2021
for Customer Personal Data exported from the EEA or Switzerland or (ii) the
EU SCCs as amended by the UK International Data Transfer Addendum for
Personal Data exported from the UK..
* We comply with the General Data Protection Regulation (the "GDPR"), as it
applies in the EEA, Switzerland, and the UK and other applicable privacy
laws. If you are a resident of the European Economic Area ("EEA"),
Switzerland, or the UK, please see the GDPR Notice
(https://www.usertesting.com/gdpr-policy) that applies to you.
* We comply with the California Consumer Privacy Act (the "CCPA"). If you are a
resident of California, please see the CCPA Notice
(https://www.usertesting.com/ccpa-policy) that applies to you.
WHO WE ARE
We provide websites ("Sites") where visitors and other members of our community
("Visitors") may learn about our offerings, view Site materials, and/or access
our platform ("Platform") and related services ("Services") that enable (i)
businesses, including current and prospective customers (collectively
"Customers") to solicit feedback ("Tests") on any brand, design, content, or
current or potential offering and (ii) individuals taking part in such Tests
("Contributors") to perform and record Tests. In connection with the Site,
Platform, and Services, UserTesting may collect, record, and analyze information
about Visitors, including its Customers and Contributors, which may include
individually identifiable information that would allow UserTesting to determine
the actual identity of or contact information of a specific individual, billing
information, account settings, and other data ("Personal Data").
WHO IS MY DATA CONTROLLER?
Certain data protection and privacy laws, such as the GDPR, differentiate
between "controllers" and "processors" of personal information. A "controller"
decides why and how to process personal information. A "processor" processes
personal information on behalf of a controller based on the controller's
instructions.
For Visitors, the Company is the controller, to the extent that we collect or
you provide your Personal Data.
For Contributors, the Company is the controller of the personal information
collected from you by the Company, except for the information collected by our
Customers through a Test.
For Customers, you are the controller of the data collected as part of a test
you create using our Platform or Services, except for the IP addresses used to
access the Platform, which we control.
HOW WE COLLECT AND USE YOUR DATA
How we collect Personal Data depends on how and why you use our Sites, our
Platform, and/or our Services.
We collect Personal Data directly when you submit it to us, as a Visitor,
Contributor, or Customer, as well as indirectly, such as through the use of
automated technologies or from third parties. To help keep our databases current
and to provide you the most relevant content and experiences, we may combine
information provided by you with information from third-party sources, in
accordance with applicable laws. For example, the size, industry, and other
information about the company you work for (where you have provided company
name) may be obtained from sources including professional networking sites and
information service providers. We provide more information about how we collect
Personal Data below.
UserTesting uses your Personal Data for certain legitimate business purposes,
including the following:
* to provide you access to and use of the Platform and Services, including
registering as a Customer or a Contributor,
* to deliver the Platform and Services to our Customers
* deliver Recordings containing Contributor Personal Data to our Customers,
* to improve and enhance your experience with the Platform and Services,
including the content and general administration of the Platform and
Services,
* to retain records as may be required for tax, legal, and financial purposes,
* to understand how you access, use and interact with the Services in order to
provide technical functionality, develop new products and services, and
analyze your use of the Services,
* to communicate with you,
* to provide you with customer support in connection with your use of the
Services,
* to detect fraud, illegal activities, or security breaches,
* to receive and make payments, and
* to provide information to regulatory bodies when legally required.
In the sections below, we are more specific about the purposes for which we use
each category of data.
Data provided by or collected from our Visitors ("Visitor Data")
When Visitors use or browse one of our Sites, we collect their IP addresses and
usage information such as page views, clicks, and browser type.
If a Visitor submits a request for a trial on our Site, chats with us for
support, requests to watch a webinar, subscribes to our blog or other news,
submits a request through our Contact Us form, or requests to download a
whitepaper or other content, we may also collect the Visitor’s: name, title,
email, phone number, company name, country and IP address.
We use this Visitor Data to provide the Visitor with the information or
materials requested, including marketing materials, newsletters and other
related content, perform analytics on how the Site, Platform, and Services are
used, improve the use of the Site, Platform, or Services, and for other
legitimate business purposes.
Data provided by or collected from our Contributors ("Contributor Data")
ACCOUNT DATA
When a Contributor creates an account with UserTesting, we will collect the
Contributor’s name, username, and password, zip code, and email address.
We may also ask each Contributor to provide us with additional information
necessary or helpful for UserTesting to be able to determine which Tests are
best directed to that Contributor. Examples of information we may collect are:
birth year; gender; household income range; country; web expertise; presence of
children (including gender and birth years); employment status, industry;
company size; job role seniority; gaming genres; web browsers; social networks;
languages spoken; race, ethnicity, sexual orientation, and other sensitive
personal data, which may be provided on a voluntary basis and only collected as
permitted by applicable law; devices owned (e.g. computer, smartphone, tablet);
and computer operating system.
UserTesting uses Contributor Data to provide and improve its Services, pay
Contributors, provide information on how to use our Platform and Services to our
Contributors, and for other legitimate business purposes.
RECORDINGS
As a Contributor takes part in a Test, we make a recording of the Contributor’s
activities, which may include recordings of the Contributor’s voice, screen
content, face recordings, screen recordings, browser content, screen
interactions including mouse movement and clicking, text input, device
configurations, and any background audio or video content. ("Recordings"). Any
personal or health information that appears on a Contributor's screen, or that
is mentioned in the audio, may be captured in the Recording. If one of our
Customers requests sensitive data from a Contributor as part of a test, we
require the Customer to add a notification before the test begins of the
specific sensitive data to be requested. The Contributor will then have the
opportunity to continue with the test or decline it.
Intellectual property rights in the Recordings, which may include Personal Data
and face Recordings, are assigned by Contributors to UserTesting under the terms
of the Contributor Terms of Service in consideration for Contributors’ use of
the Platform and Services. Recordings are owned by and controlled by the
Customer or UserTesting, as applicable.
UserTesting uses Recordings to provide Services to Customers, to market its
products and services, to protect against fraudulent or illegal activity, to
improve the UserTesting Platform and Services and for other legitimate business
purposes.
PRIVACY FOR MINORS
From time to time, UserTesting’s Customers seek feedback from minor children (as
defined by applicable law) using the Platform for Tests specifically designed
for children. To facilitate those Tests, we require that a parent or legal
guardian consent prior to a child engaging in a Test through their parent’s or
legal guardian’s Contributor account. Our Customers are required to ensure that
Tests which are specifically designed for children are for age-appropriate
products and services and the Recording is limited to only captures the child’s
voice. No other information is to be collected about the child by the Customer.
The child’s responses may be used for the same purposes and subject to the same
obligations, restrictions and conditions as any other similarly-situated
Contributor response. By accepting and authorizing a Test for a child, the
parent or legal guardian (as applicable) is consenting to such child’s
participation in the Tests through the Platform for the benefit of the Customer.
We may require that Customers sign additional terms for testing with children.
In the event a parent has a reason to believe that their child is participating
in a Test administered via the Platform without authorization, or wishes to
exercise any of the parental rights set forth in this section or applicable law,
including reviewing or deleting information collected in a Recording, such
parent may contact UserTesting at 660 4th Street #246, San Francisco, CA 94107,
by calling 1 (888) 877‒1882 or by email at
COPPA-privacy-request@usertesting.com.
DATA PROVIDED BY OUR CUSTOMERS ("CUSTOMER DATA")
During a Customer’s use of the Platform and Services, Customer’s employees are
asked to provide information such as name and contact information, including
email address, address, telephone, or other relevant Personal Data.
Customer Data is used by UserTesting to identify each Customer and provide them
with access to the Platform and Services, to bill Customers, and to meet
UserTesting’s contractual obligations. We also use Customer Data to improve our
Platform and Services and to provide Customers with notices about improvements
and best practices in using the Platform and Services, as well as other
legitimate business purposes.
It is the Customer’s responsibility to ensure that collection and processing of
Recordings from a Test it has created is handled in accordance with applicable
laws. For Customers in the EEA, please see our GDPR Notice
(https://www.usertesting.com/gdpr-policy). For Customers in California, please
see our CCPA Notice (https://www.usertesting.com/ccpa-policy).
PERSONAL DATA COLLECTED INDIRECTLY
Tracking Data, IP Addresses and Device Fingerprints
UserTesting tracks whether a Visitor lands on the UserTesting Sites from an
external source (such as a link on another website or in an email), as well as
IP addresses from which the site is accessed and information about the computing
device (fingerprint) used to access the Sites. UserTesting uses this information
to improve the Site, Platform, and Services, as well as to prevent fraud and
secure information.
Information from Third Parties
UserTesting collects Personal Data and other data from third parties that
provide us with lists of potential Customers and their contact information, if
such potential Customers give permission to those third parties to share their
information with us. UserTesting uses this information for its own marketing
purposes.
Cookies
We use cookies and other technologies to track the use of our websites and apps.
To learn about opportunities to choose not to allow cookies, click here. If you
are using our website in a browser, this information is also available in our
Cookie Policy (https://www.usertesting.com/cookie-policy).
Visitors have the ability to accept or decline cookies that are not strictly
necessary. Most web browsers automatically accept cookies, but individuals can
usually modify browser settings to decline cookies. More information about
disabling cookies is available at www.allaboutcookies.org. Choosing to decline
certain cookies may result in decreased functionality on UserTesting Site,
Platform and Services.
"Do Not Track"
UserTesting’s Site, Platform, and Services may not respond to Do Not Track
("DNT") signals. For more information on DNT settings generally, please visit
https://allaboutdnt.com/.
We collect data when you communicate with us
If you communicate with us directly, we will collect any Personal Data contained
in such communications.
Automated decision making
UserTesting may use automated decision making using a variety of signals derived
from account activity to help identify and suspend accounts sending spam or
engaged in other abusive or fraudulent activity or who have not engaged with the
us for an extended period of time. Holders of accounts suspended under these
circumstances are notified of the suspension and given an opportunity to request
human review of the suspension decision.
HOW WE SHARE YOUR PERSONAL DATA
Data Processors and Subprocessors
UserTesting discloses Personal Data to our third-party agents, contractors, or
service providers who are hired to perform services on our behalf. These
providers may operate or support certain functions of the Services, and in some
cases collect information directly. Below is an illustrative list of functions
for which we may use third-party service providers:
* Analytics services, such as DataDog and NewRelic
* Customer support services, such as ZenDesk and Intercom
* Billing services and payment gateway providers, such as PayPal
* Hosting and content delivery network services, such as AWS and Google Cloud
Platform
* Job application/fielding service providers, such as Greenhouse and Homerun
Unless you and the Company have agreed otherwise, we generally do not directly
collect your payment information and we do not store your payment information.
We use a third-party payment processor, such as PayPal, which collects payment
information on our behalf in order to complete transactions such as to pay
Contributors. While our administrators are able to view and track actual
transactions via the third-party payment processor’s customer portal, with the
exception of the last 4 digits of your credit card, credit card type, zip code
and expiration date, we do not have access to or process your credit card
information.
You understand and agree that, to the extent you share your Personal Data as
part of Recording, that Personal Data will be shared with the Customer who
prepared the Test.
Business Transfers
As we continue to grow, we may purchase websites, applications, subsidiaries,
and other businesses or business units. We may share your data among our
corporate group companies. Alternatively, we may sell businesses or business
units, merge with other entities, and/or sell assets or stock, in some cases as
part of a reorganization or liquidation in bankruptcy. As part of these
transactions, we may transfer your Personal Data to a successor entity upon a
merger, consolidation or other corporate reorganization in which UserTesting
participates, or to a purchaser or acquirer of all or a portion of UserTesting’s
assets, bankruptcy included.
Legal Obligations and Security
We will preserve or disclose your Personal Data in limited circumstances (other
than as set forth in this Privacy Policy), including: (i) with your consent;
(ii) when we have a good faith belief it is required by law, such as pursuant to
a subpoena, warrant, or other judicial or administrative order (as further
explained below); (iii) to protect the safety of any person; to protect the
safety or security of our Services or to prevent spam, abuse, or other malicious
activity of actors with respect to the Services; or (iv) to protect our rights
or property or the rights or property of those who use the Services.
If we are required to disclose Personal Data by law, such as pursuant to a
subpoena, warrant, or other judicial or administrative order, our policy is to
respond to legal mandates that are properly issued.
Note that if we receive information that provides us with a good faith belief
that there is an exigent emergency involving the danger of death or serious
physical injury to a person, we may provide information to law enforcement
trying to prevent or mitigate the danger (if we have it), to be determined on a
case-by-case basis.
HOW WE STORE YOUR DATA
Retention
We retain your Personal Data in accordance with your instructions, including
those in the applicable terms of service accepted by you and any terms governing
your use of the Platform and Services. We may also retain your Personal Data
where we have an ongoing legitimate business purpose for doing so. We must
retain information when it is needed for the establishment, exercise or defense
of legal claims (also known as a "litigation hold"). In this case, we retain the
information as long as needed for exercising respective potential legal claims.
We use the following criteria to determine our retention periods: the amount,
nature and sensitivity of your information, the reasons for which we collect and
process your Personal Data, the length of time we have an ongoing relationship
with you and provide you with access to our Services, and applicable legal
requirements.
If you have questions about, or need further information concerning, our data
retention periods, please send an email at privacy@usertesting.com.
Deletion
UserTesting will delete Personal Data upon request, unless deletion is
prohibited by law. At UserTesting’s option, we may delete Personal Data one year
after our business relationship ends, subject to our document retention policies
and practices. When we have no ongoing legitimate business purpose to process
your Personal Data, we may either delete or anonymize it. Deletion may not be
possible if your Personal Data was anonymized. In that case, the anonymized data
will not be able to be combined with other data to identify you.
If you ask UserTesting to delete specific Personal Data of yours, and we are the
data controller, we will honor your request by deleting or anonymizing the data
unless deleting that information prevents us from carrying out necessary
business functions, such as delivering and billing for our services, calculating
taxes, or conducting required audits and fulfilling contractual obligations to
our Customers, Contributors or others.
If you are an individual in the EEA or a California resident, please see the
relevant GDPR Notice (https://www.usertesting.com/gdpr-policy) and CCPA Notice
(https://www.usertesting.com/ccpa-policy) with respect to exercising your right
to deletion.
HOW YOU CAN CONTROL YOUR DATA
Visitors, Contributors, and Customers who wish to request access to or
correction of Personal Data for which UserTesting is the data controller should
fill out the form here. Where UserTesting is the data processor or subprocessor
of your Personal Data, Visitors, Contributors, or Customers should contact the
relevant data controller to request access to or correction of that Personal
Data.
Individuals located in the EEA or residents of California have additional rights
as set forth in our relevant GDPR Notice
(https://www.usertesting.com/gdpr-policy) and CCPA Notice
(https://www.usertesting.com/ccpa-policy).
HOW WE KEEP YOUR DATA SAFE
UserTesting has a data protection officer ("Data Protection Officer") who is
responsible for UserTesting’s compliance with and enforcement of this Privacy
Policy. The Data Protection Officer is available to answer questions from any
employees, Visitors, Customers, Contributors, business partners, vendors, or
others who may have questions concerning this Privacy Policy or UserTesting’s
data security practices. UserTesting’s Data Protection Officer may be contacted
at: data-protection-officer@usertesting.com.
SECURITY
We cannot guarantee, ensure or warrant the security of any information
transmitted to the Company. All transmissions of information are done at the
sender’s own risk. Once we are in possession of information, we will make
reasonable efforts to ensure the security of the information within our systems.
Your personal information and files are stored on UserTesting’s servers and the
servers of companies we hire to provide services to us.
UserTesting has adopted physical, technological, and administrative procedures
designed to safeguard and secure the information we process. By using this Site,
Platform or Services or by providing Personal Data to us, you agree that we can
communicate with you electronically regarding security, privacy, and
administrative issues relating to your use of this Site, Platform or Services.
PRIVACY SHIELD
UserTesting complies with the EU-U.S. Privacy Shield Framework and Swiss-U.S.
Privacy Shield Framework as set forth by the U.S. Department of Commerce
regarding the collection, use, and retention of personal information transferred
from the European Union and Switzerland to the United States. UserTesting has
certified to the Department of Commerce that it adheres to the Privacy Shield
Principles. To learn more about the Privacy Shield program, and to view our
certification, please visit https://www.privacyshield.gov/. To see a more
detailed description about our participation with Privacy Shield, please see the
Privacy Shield section in our GDPR Notice
(https://www.usertesting.com/gdpr-policy).
The Privacy Shield program applies to the processing of Personal Data in regards
to the collection, use and retention of Personal Data from visitors,
Contributors and customer employees located in Switzerland and the EU and EEA,
as set out by the U.S. Department of Commerce. UserTesting is responsible for
the processing of Personal Data it receives and subsequently transfers to a
third party acting as an agent on its behalf under the Privacy Shield Framework.
User Testing complies with the Privacy Shield Principles for all onward
transfers of personal data from the EU and Switzerland, including the onward
transfer liability provisions. UserTesting is subject to the investigatory and
enforcement powers of the U.S. Federal Trade Commission.
User Testing encourages you to contact our privacy team at
privacy@usertesting.com should you have any Privacy Shield-related (or general
privacy-related) complaint. As part of our participation in the Privacy Shield
program, we will resolve disputes you have with us in connection with our
policies and practices through JAMS ADR. For more information and to contact
JAMS ADR directly, visit https://www.jamsadr.com/eu-us-privacy-shield. As a last
resort and in limited situations, Swiss and EU individuals may seek redress from
the Privacy Shield Panel, a binding arbitration mechanism.
You also have a right to lodge a complaint with a competent supervisory
authority situated in a Member State of your habitual residence, place of work,
or place of alleged infringement. You can find the relevant supervisory
authority name and contact details by visiting
https://ec.europa.eu/info/law/law-topic/data-protection/reform/what-are….
NEVADA RESIDENTS
If you are a resident of Nevada, this entire Privacy Policy applies to you as
well as the following. You may direct a business that operates an internet
website not to sell certain personal information a business has collected or
will collect about you.
UserTesting does not sell your personal information pursuant to the definitions
under Nevada law.
ACCEPTANCE
You agree that you have carefully read this document and agree to its contents.
If you choose not to agree with this Privacy Policy, then you should refrain
from using the Site, Services, and Platform.
UserTesting reserves the right to change our Privacy Policy from time to time.
If we make material changes to this Privacy Policy, we will provide notice to
you of these changes, which may be by email to you, by posting a notice of such
changes on our apps and websites, or by other means consistent with applicable
law. Unless your express consent is required by law, your continued use of the
UserTesting Site, Platform, and Services after having been notified of any such
a revised Privacy Policy indicates acceptance of the revised Privacy Policy.
Contact Us
If you have questions, comments, or concerns about UserTesting or this Privacy
Policy, please email us at: privacy@usertesting.com.
USER TESTING, INC.
660 4th Street #246
San Francisco, CA 94107
Attn: Office of the General Counsel
Last updated: April 11, 2022
Real. Human. Insight.
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