Background
This Privacy Policy is issued on behalf of Dipolar Pty Limited ACN 081 623 181 (Australia) and its subsidiaries, including Web Creator Suite LLC (USA) and Web Creator Suite Ltd (UK) (together "Dipolar Group").
When we mention "Dipolar", "we", "us" or "our" in this Privacy Policy, we are referring to the relevant company in the Dipolar Group responsible for controlling the processing of your personal data. The entity which is the primary controller for your personal data will be the Dipolar Group company which either provides the Qualzy platform and related services to you as a Client of the Dipolar Group or which is used by you as a Participant. However, your personal data will also be controlled by the other Dipolar Group entities listed above.
This Privacy Policy applies to Dipolar's use of your personal information including in connection with Dipolar's website and the Qualzy web-based platform accessible at qualzy.com, qualzy.com.au, qualzy.co.uk, and any other affiliated website or platform operated by the Dipolar Group that may be introduced from time to time ("Qualzy").
This Policy also describes your data protection rights, including if the UK GDPR or EU GDPR applies, the right to object to some of the processing which Dipolar Group carries out in certain circumstances.
Definitions
When used in this Privacy Policy, the following commonly used terms have the meanings defined below:
Clients are our customers who use Qualzy to create and manage Projects including prospective, current and former customers and also including employees, consultants and contractors of any of them.
EU GDPR means the General Data Protection Regulation ((EU) 2016/679).
Participants are individuals who participate in interactive communities, discussions, surveys and live chats (Engagements) in relation to a particular Project created by Clients.
Personal data / personal information means any information relating to an identified or identifiable natural person and any data or information defined as personal data or personal information in applicable Privacy Laws, but does not include information or data that has been anonymised.
Privacy Laws means the laws (including local, state and federal laws) applicable to the relevant Dipolar Group company relating to the collection, holding, use, disclosure or processing of your personal data or personal information.
Projects means projects created by Clients on the Qualzy platform to allow Participants to participate in Engagements in relation to a particular topic to generate qualitative and quantitative market research data for the Client.
Sensitive data / sensitive information means personal information that is defined as being sensitive or a special category of information under the applicable Privacy Laws such as data relating to your health, race, ethnicity, sexual orientation, religious or philosophical beliefs or political opinions.
UK GDPR means the EU GDPR, as applicable as part of UK law by virtue of section 3 of the European Union (Withdrawal) Act 2018 as amended.
Users refers to both Clients and Participants.
About This Policy
We are committed to the protection of personal information and data protection within the scope of applicable Privacy Laws. This Privacy Policy covers our treatment of personal information that we collect, use, process and disclose in connection with Qualzy.
Because the privacy position with respect to our Clients is different from that with respect to Participants on Projects, this Privacy Policy has separate sections dealing with each as well as sections that are applicable for all Users, as follows:
- Part A: Privacy Policy for Participants
- Part B: Privacy Policy for Clients
- Part C: General Provisions Applicable to Participants and Clients
- Part D: Security Policy
We may update this Privacy Policy from time to time to reflect changes in applicable laws or the way we handle personal information and we will provide you with a new Privacy Policy when we make any substantial updates. By accessing Qualzy, you accept and agree to Dipolar's terms and conditions, whether as a Client or a Participant.
Part A — Privacy Policy for Participants
This section applies to the privacy of the personal information submitted by Participants (except Participants' personal data processed by any entity in the Dipolar Group where it merely acts as a processor under the UK or EU GDPR). Any reference to "you" in this Part A is a reference to a Participant.
Collecting Your Personal Information
Dipolar collects personal information when you register as a Participant on Qualzy or interact with us and our website. This may include, but is not limited to:
- Identification information (your name, username and password, gender, age/date of birth)
- Contact information (address, phone number and contact details)
- Marketing information (marketing preferences, including any consents you have given us)
- Device information (information related to the browser or device you use to access Qualzy)
- Profile information (username and password, gender, age/date of birth, interests, preferences, feedback and information submitted through your participation in a Project)
If you submit personal or sensitive data as part of your participation on a Project, the Client responsible for the Project will collect and use that information in accordance with its own privacy policy. We are not responsible for and do not control the Client's collection and use of such information.
You do not have to provide us with any personal information, however if you do not do so we may not be able to facilitate your participation in some or all Projects.
You are not anonymous to us when you log into Qualzy, post content, comments or respond to any posts or messages (whether public or private).
Use and Disclosure of Your Personal Information
We collect and use personal data as required to perform our contract with you, conduct our business and pursue our legitimate interests, or to comply with our legal obligations. Key purposes include:
- To establish and maintain your relationship with us
- To verify your identity
- To contact you for non-marketing purposes (for example, to inform you about upcoming changes or improvements to our services)
- To respond to any enquiry or comment you make
- To provide to Clients and for the purpose of arranging for Clients to conduct Projects on the Qualzy platform
- To allow you to participate in Projects on the Qualzy platform
- To protect the Dipolar Group and other Users
- To help us monitor, improve and protect our products, content, services and websites
- To prevent, investigate and/or report fraud, terrorism, misrepresentation, security incidents or crime
- To generate qualitative and quantitative market research data for Clients
- In connection with legal claims, compliance, regulatory and investigative purposes
- To obtain parental consent to provide online services to children aged 13 to 16 (we do not collect personal information from anyone under 13 years of age)
- In response to requests by government or law enforcement authorities conducting an investigation
Withdrawing Consent
Wherever we rely on your consent for our use, disclosure or processing of your personal information, you will always be able to withdraw that consent either through controls on the Qualzy platform, by contacting us or by contacting the Client that created the relevant Project, although we may have other legal grounds for processing your data for other purposes.
Overseas Disclosure of Personal Information
We may disclose some of your personal information overseas in circumstances where the Client or the Client's organisation is based outside the jurisdiction in which you are located. We may also disclose information to members of the Dipolar Group and our service providers that are located outside your jurisdiction, including in United States, United Kingdom, EU or Australia.
If you are located in the UK, EU, or Australia, we ensure appropriate safeguards are in place for any such transfers. Please contact us using the details below if you would like further information on the specific mechanism used by us when transferring your personal information out of your jurisdiction.
How Long Will We Retain Your Data?
Where we process registration data, or other personal data associated with our legitimate business purposes (specifically as a Participant in a Project created by one of our Clients) we will retain this data for as long as our Client does not remove you through deletion, and does not choose to convert Project Participants into anonymous participants.
Where we process personal data with your consent, we will retain it until you ask us to stop and for a short period after this (to allow us to implement your requests), unless we have other legal grounds for processing your data for other purposes.
Part B — Privacy Policy for Clients
This section applies to the privacy of personal information submitted by Clients and any other person who submits personal information to us other than Participants (e.g. website visitors, other business contacts). Any reference to "you" is a reference to a Client.
Collecting Your Personal Information
We may collect personal information and other information about you when you:
- provide us with personal information by interacting with us, such as in an email, letter, by telephone, during a meeting or by other means;
- open an account with us;
- complete and submit an online application or any other online form; or
- access and use our services through Qualzy or otherwise.
The personal information we collect may include identification information (your name, your company name), contact information (email address, physical and postal address), marketing information, device information, profile information, and billing information when you use our services.
We will not collect your sensitive information from you or any third party.
Use and Disclosure of Your Personal Information
Key purposes for which we use your personal information as a Client include:
- To establish and maintain your relationship with us, including to market to you
- To verify your identity
- To provide and arrange for you to conduct Projects on the Qualzy platform and take payment therefor
- To allow you to communicate with Participants
- To contact you for non-marketing purposes
- To respond to any enquiry or comment you make
- To administer our Terms
- To protect the Dipolar Group and other Users
- To monitor, improve and protect our products, content, services and websites
- To prevent, investigate and/or report fraud, terrorism, misrepresentation, security incidents or crime
- In connection with legal claims, compliance, regulatory and investigative purposes
- In response to requests by government or law enforcement authorities
Overseas Disclosure of Personal Information
Personal information that we collect from or about you may be transferred to and stored at a destination outside the jurisdiction in which you are located. We may also disclose information to members of the Dipolar Group and our service providers that are located outside your jurisdiction, including in United States, United Kingdom, EEA or Australia.
Where any of these locations do not provide an adequate level of data protection, we ensure appropriate safeguards are in place to protect the transfer of your personal data to these countries. Please contact us using the details given below if you want further information on the specific mechanism used by us when transferring your personal information out of your jurisdiction.
How Long Will We Retain Your Data?
Where we process registration data, or other personal data associated with our legitimate business purposes as set out above, we will retain this data for as long as you are a registered user of our platform and you have not removed your account.
Where we process personal data for marketing purposes or with your consent, we will retain it until you ask us to stop and for a short period after this (to allow us to implement your requests).
Part C — General Provisions Applicable to Participants and Clients
Third Parties and Third Party Disclosures
Qualzy may contain links to third party websites. We do not control, and do not accept any responsibility or liability for, the privacy policy of, and collection, use or disclosure of personal information, by any party other than us.
We may share categories of personal information for the purposes set out above with the following recipients or categories of recipients:
- other entities in the Dipolar Group;
- third party services providers that perform functions on our behalf, including website hosting and maintenance, customer service operations, identity checking, translation service providers, processing payments and providing customer service;
- third parties for their own use, including their direct marketing purposes;
- credit reference agencies, law enforcement and fraud prevention agencies; or
- with your consent or as otherwise disclosed at the time of data collection or sharing.
In the event that parts or all of our business is sold or integrated with another business, your details may be passed to the new owners of the business.
Updating Information
All Clients may make any changes to their information at any time by logging into the platform and editing their personal information. Participants may make changes to their personal information by contacting the moderator for the Project they are participating in and requesting the change.
What Rights Do You Have?
Under certain circumstances and depending on the jurisdiction in which you reside, you may have rights under data protection laws in relation to your personal data.
If the EU GDPR or UK GDPR applies, you have the following rights:
- Right of access — enables you to receive a copy of your personal data
- Right to rectification — enables you to correct any inaccurate or incomplete personal data we hold about you
- Right to erasure — enables you to ask us to delete your personal data in certain circumstances
- Right to restrict processing — enables you to ask us to halt the processing of your personal data in certain circumstances
- Right to object — enables you to object to us processing your personal data on the basis of our legitimate interests, including processing for direct marketing purposes
- Right to data portability — enables you to request us to transmit personal data that you have provided to us to a third party
If you are a resident of California, you may request a list of categories of personal data that we have disclosed to third parties for direct marketing purposes during the immediately preceding calendar year.
If Australian Privacy Laws apply, you have the right to request access to or correction of your personal information.
To exercise any of your rights, please contact us using the details set out below. If you have unresolved concerns, you have the right to complain to the data protection authority where you live, work or where you believe a breach may have occurred.
How We Protect Personal Information
We store personal information in a combination of computer storage facilities and other records. We have taken numerous steps to protect your personal information from misuse, interference and loss, and unauthorised access, modification or disclosure. We take reasonable steps to destroy or permanently de-identify or anonymise personal information when we no longer need it.
Cookies
We may, subject to obtaining your consent where required by applicable Privacy Laws, use cookies to track User traffic patterns and to better serve you when you revisit Qualzy. These cookies may collect information about your activities on our website and across non-affiliated websites and apps over time. Further information about the cookies we use is included in our Cookie Policy.
Qualzy may also collect cookies for use by analytics services, such as Google Analytics. We do not tie information gathered using third party analytics to your personal information.
Translations
Qualzy can optionally translate content from one language to another utilising Google's pre-trained automatic translation APIs. Only the individual piece of text being translated is transferred to Google's servers. Google does not use any of your content for any purpose except to provide us with the translation. None of the data sent to Google's servers is persisted on their servers.
Sentiment Analysis
Qualzy can optionally perform advanced sentiment analysis on the text content posted in some topic types, utilising Google Cloud Natural Language Processing APIs. Only the individual piece of text being analysed is transferred to Google's servers. Google does not use any of your content for any purpose except to provide us with the sentiment analysis. None of the data sent to Google's servers is persisted on their servers.
Part D — Security Policy
Storage and Security of Personal Information
We take data security very seriously. Information and data will be stored in data centres. The location of the data centre depends on the Dipolar entity that is providing the Qualzy services. We have appropriate measures in place to help ensure that your personal data is kept secure.
How to Contact Us
If you have any questions about this Privacy Policy, or if you wish to make a complaint about our collection, use or disclosure of your personal information under this Privacy Policy, or you wish to contact our data protection officer, please contact us at privacy@qualzy.com.