PRIVACY POLICY

Your privacy is important to you and to us, and we are committed to protecting your privacy.  This Privacy Policy discloses the information practices of InMoment, Inc. and its wholly owned affiliates, MaritzCX, Empathica Inc., Empathica LTD, InMoment LTD and InMoment PTY LTD (collectively “InMoment”, “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.

Table of Contents

• InMoment’s Business and How It Relates to Your Privacy
• What is Personal Information?
• Collection and Use of Personal Information
• Compliance with European Union Regulations (GDPR and Privacy Shield)
• Cookies and IP Addresses
• Privacy in Specific Circumstances
• How to Contact Us

InMoment’s Business and How It Relates to Your Privacy
InMoment 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 InMoment’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 InMoment’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 InMoment 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 InMoment when you voluntarily provide it to us, or it is provided to InMoment by the InMoment client that invited you to take a survey.

Collection and Use of Personal Information
We collect information about you when you visit this website or when you voluntarily complete customer surveys, provide feedback and participate in competitions such as sweepstakes. 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 InMoment share your Personal Information as described below.

If you have taken a survey or participated in a questionnaire with us, we have collected the information that you voluntarily offered to us in that survey and provided that information to the company or companies that have contracted with us to obtain that information about your experience with them (the “Contracted Companies”).

By taking a survey with us, you agree that we may pass on that data and any of the personal information that you offered in response to our Contracted Companies so that they may understand the customer and or employee experiences that you have had with them as they offer you their products and services.

InMoment will not share your information beyond the Contracted Companies that asked us to collect that information and at times to certain subcontracted parties who we use to further enhance your experience with our offering and with the Contracted Parties. We will keep the information for the length of time allowed under our agreements with the Contracted Companies, after which time it will be erased or anonymized.  For regulatory and data backup purposes, an archival copy may be kept indefinitely in a secure, non-readily accessible and non-production storage backup.

We also collect information about you to manage your account and, if you agree, to email you about other products and services we think may be of interest to you.  Website usage information is collected using cookies.  We use your information collected from the website to personalize your repeat visits to our website.  We may also use your details for internet fraud prevention.

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 or other 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 “Access to your Information: Correction, Deletion, Portability and other Actions.“ section below.

Compliance with European Union Regulations

We Adhere to all GDPR Requirements
InMoment complies with all GDPR requirements and we value these regulations as an important date privacy rights framework.  While the below terms are required to be offered to our users under EU laws and regulations, we offer these terms to users globally.

We will only process data from you based on your previous consent.
Prior to offering any survey, we give you the opportunity to review our Privacy Policy and thereafter we ask you to give us your consent as to how we process that data. We will not proceed with that survey without you giving to us that specific consent.

We will comply with fundamental rights under the GDPR

• The right to be informed – We will be completely transparent in how we are using personal data and have attempted to explain that use in this Privacy Policy.
• The right of access –All individuals have the right to know exactly what information is held about them and how it is processed.
• The right of rectification –You are entitled to have personal data rectified if it is inaccurate or incomplete.
• The right to erasure –Also known as ‚the right to be forgotten,‘ this refers to an individual’s right to having their personal data deleted or removed without the need for a specific reason as to why they wish to discontinue.
• The right to restrict processing –This is your individual right to block or suppress processing of their personal data.
• The right to data portability –This allows individuals to retain and reuse their personal data for their own purpose. You may have your data we hold given back to you in a machine-readable format.
• The right to object –In certain circumstances, individuals are entitled to object to their personal data being used. This includes, if a company uses personal data for the purpose of direct marketing, scientific and historical research, or for the performance of a task in the public interest.
• Rights of automated decision making and profiling –While we do not generally make automated decisions about third parties based on the data we collect (For example, a decision made by a data controller where the consequence has a legal bearing on them, or is based on automated processing.), the GDPR has put in place safeguards to protect individuals against the risk that a potentially damaging decision is made without human intervention. You may request that we do not make any automated decisions about you based on the data we have collected.

Access to your Information: Correction, Deletion, Portability and other Actions.
We want to make sure that your questions are answered and that your personal information is accurate and up to date. You may ask questions, request a copy of the information that we hold about you, request correction or deletion of the same or pursue any of the other above listed rights by submitting a request at https://inmoment.com/pii-request/.

Data Controllers vs. Data Processors. 
The Contracted Companies are most likely the Data Controller of the data that we collect and We are the Data Processor of that data.  Only in certain limited circumstances would We be a Data Controller, such as when we receive information from our employees, prospective employees or our contracted vendors and providers.

EU-US Privacy Shield and Swiss-U.S. Privacy Shield Frameworks – Compliant and Certified
InMoment 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.  InMoment has certified to the Department of Commerce that it adheres to the Privacy Shield Principles.  If there is any conflict between the terms in this privacy policy and the Privacy Shield Principles, the Privacy Shield Principles shall govern.  To learn more about the Privacy Shield program, and to view our certification, please visit https://www.privacyshield.gov/

Your rights under the Privacy Shield Framework:

• InMoment is subject to the investigatory and enforcement powers of the Federal Trade Commission (FTC) in regards to your data privacy.
• InMoment may have liability in cases of onward transfers of you data to third parties.
• Under certain conditions there is the possibility for you to invoke binding arbitration (see Privacy Policy FAQs).

For additional details about the Privacy Shield program, our certification therein and the suitable safeguards we use to protect your data visit: https://www.inmoment.com/privacyshield.

3rd Party Dispute Resolution
If you have an unresolved privacy or data use concern that we have not addressed satisfactorily, please contact our U.S.-based third-party dispute resolution provider (free of charge) at https://feedback-form.truste.com/watchdog/request.

Australian Privacy Act
InMoment complies with the Australian Privacy Act 1988 (Privacy Act) and the Office of the Australian Information Commissioner’s (OAIC) APP guidelines. For information about the APP and the text of the act, you may visit this link. https://www.oaic.gov.au/privacy-law/privacy-act/

If you have any complaints, send them to us at the contact information contained in “How to Contact Us” section below.

Cookies and IP Addresses
Cookies are text files placed on your computer to collect standard internet log information and visitor behavior information. This information is used to track visitor use of the website and to compile statistical reports on website activity.

For further generalized information about cookies visit www.allaboutcookies.org.

You can set your browser not to accept cookies and the above websites tell you how to remove cookies from your browser. However, in a few cases some of our website features may not function as a result.

We use your IP address obtained through cookies 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 in Specific Circumstances

• Children’s Information
  InMoment does not knowingly collect or solicit Personal information from anyone under the age of 16 or knowingly allow such persons to participate in any survey, contest or other offering from us. If you are under 16, please do not send us your Personal Information. In the event that we learn that we have collected personal information from a child under 16 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 16 please contact us by email at privacy@inmoment.com and provide particulars of the situation.
• Using and Sharing Personal Information
  The following paragraphs describe in more detail how InMoment may use your personal information in specific circumstances. Depending on the specific interaction you have with InMoment, one or more of the following may apply.
• Assistance to Complete a Survey
  In certain circumstances you may require assistance from InMoment 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 InMoment 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
  InMoment 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.
• 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 InMoment telephone survey, both InMoment and its clients may have access to your ANI, but, per FCC rules, will not distribute that telephone number further.
• Opt-In
  For certain surveys and other opt-in services, InMoment 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 InMoment or from a InMoment 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 InMoment and/or shared with a client of InMoment or business partner for that purpose.
• Fulfilling Your Transaction Request
  If you request something from a InMoment 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 InMoment 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.
• When You 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 InMoment using an e-form.
• 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 InMoment 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
  InMoment 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 InMoment, 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 InMoment 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.
• Links to Third-Party Sites
  The Sites contain links to third-party sites. Neither InMoment nor any of its affiliates are responsible for the privacy practices or the content of such third-party Web sites. InMoment co-branded sites and content partner sites have privacy policies independent of InMoment. 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. InMoment 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 InMoment 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. InMoment holds its physical hosting facilities to these same standards. Nevertheless, InMoment assumes no liability for interception, alteration or misuse of information transmitted over the Internet. InMoment imposes strict internal controls over employees with access to Customer Information. Such access is granted only on a need-to-know basis. InMoment 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
  InMoment 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.
• Changes to this Privacy Policy
  This Privacy Policy may be amended at any time, without prior notification.

How to Contact Us

Please contact us if you have any complaints, questions about the Privacy Policy, or for access to the information we hold about you:

• By Email: privacy@inmoment.com
• Or write us at:  InMoment, Attn: Privacy Team/Legal, 10355 South Jordan Gateway, Suite 600, South Jordan, UT 84095 USA.