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 Holdings LLC, MaritzCX Limited, InMoment GmbH, MaritzCX Australia PTY LTD, Empathica Inc., Empathica UK LTD and InMoment PTY LTD (collectively “InMoment”, “we”, or “us”) relating to our web sites (collectively the “Sites”).

Table of Contents

Compliance with European Union Regulations (GDPR) 

Cookies and IP Addresses

Privacy in Specific Circumstances

How to Contact Us

Compliance with European Union Regulations (in particular the GDPR)

We Adhere to European data protection requirements 

InMoment complies with European data protection requirements and we value these regulations as an important date privacy rights framework.  While the below terms are required to be offered to data subjects under EU laws and regulations, we offer these terms to data subjects globally. The controller within the meaning of data protection laws, in particular the EU General Data Protection Regulation (GDPR) is InMoment, Inc.:

InMoment, Inc., 10355 South Jordan Gateway, Suite 600, South Jordan, UT 84095 USA.

Email: privacy@inmoment.com

Your rights under the GDPR

You can exercise the following rights at any time using the contact details provided below:

• The right of access (Article 15 GDPR) – You have the right to be informed about your personal data processed by us.

• The right to rectification Article 16 GDPR) – You are entitled to have your personal data rectified if it is inaccurate or incomplete.

• The right to erasure – Also known as ‘the right to be forgotten’ (Article 17 GDPR) –  you have the right to have your personal data erased. This is, however, only possible if the data concerning you are no longer necessary, if they have been unlawfully processed, or a corresponding consent has been withdrawn.

• The right to restrict processing (Article 18 GDPR) – You have the right to obtain restriction of processing of your personal data.

• The right to data portability (Article 20 GDPR) – you have the right to retain your personal data in a commonly used, machine-readability format in order to have them, if required, transferred to another controller.

• The right to object (Article 21 GDPR)  – You are entitled to object to the processing of your personal data.

• Right to lodge a complaint with a supervisory authority (Article 77 GDPR) – you can contact a supervisory authority with a complaint at any time. A list of the national Data Protection Authorities of the EU Member States can be retrieved here: https://edpb.europa.eu/about-edpb/board/members_en.

Collection of general information when visiting our website

Nature and purpose of the processing:

When you access our website, i.e., when you do not register or otherwise submit information, information of a general nature is automatically collected. This information (server log files) includes, for example, the type of web browser, the operating system used, the domain name of your Internet service provider, your IP address and the like.

In particular, they are processed for the following purposes:

• Ensuring a smooth connection setup of the website;
• Ensuring a smooth use of our website;
• Evaluation of system security and stability; and
• Optimizing our website

We do not use your data to draw conclusions about your person. Information of this kind is statistically evaluated anonymously by us, if necessary, in order to optimize our Internet presence, confirm the status of our IT security, and the technology behind it.

Legal basis and legitimate interest:

The processing is carried out in accordance with Art. 6 para. 1 lit. f GDPR on the basis of our legitimate interest in improving the stability and functionality of our website.

Recipients:

Recipients of the data may be technical service providers who act as order processors for the operation and maintenance of our website.

Transfer to a third country:

The collected data may be transferred to the following third countries: United States of America.

The following data protection guarantees are in place: Please find further information in section EU-U.S. Privacy Shield  and Swiss-U.S. Privacy Shield Frameworks

Storage Duration:

The data is deleted as soon as it is no longer required for the purpose for which it was collected. This is generally the case for data used to provide the website when the respective session has ended.

In the case of storage of data in log files, deletion takes place after 14 days at the latest. Storage beyond this period is possible. In this case, the IP addresses of the users are anonymized, so that an assignment of the calling client is no longer possible.

Provision prescribed or required:

The provision of the aforementioned personal data is neither legally nor contractually required. However, without the IP address, the service and functionality of our website is not guaranteed. In addition, individual services and services may not be available or may be limited.

Right to object

You have the right to object to the processing of your data. Information on how to object is provided here. 

Newsletter

Nature and purpose of the processing:

For the delivery of our newsletter, we collect personal data that is transmitted to us via a relevant web form on the Sites.

For an effective registration we need a valid e-mail address. In order to verify that a registration is actually made by the owner of an email address, we use the “double opt-in” procedure. For this purpose, we log the registration for the newsletter, the sending of a confirmation email and the receipt of the response requested herewith. We track whether a newsletter has been opened by the recipient and when the recipient has clicked on a link within the newsletter. Further data is not collected.

Legal basis:

Based on your explicit consent (Art. 6 para. 1 lit. a GDPR), we will regularly send you our newsletter or similar information by e-mail to your specified email address.

Withdrawal of consent:

You can revoke your consent to the storage of your personal data and its use for the newsletter dispatch at any time with effect for the future. You will find a corresponding link in each newsletter. In addition, you can also unsubscribe directly on this website (https://mkt.inmoment.com/hs/manage-preferences/unsubscribe-simple) at any time or inform us of your revocation using the contact option provided at the end of this privacy policy.

Recipients:

If applicable, recipients of the data are processors.

Transfer to a third country:

The collected data may be transferred to the following third countries: United States of America.

The following data protection guarantees are in place: Please find further information in section EU-U.S. Privacy Shield  and Swiss-U.S. Privacy Shield Frameworks.

Storage Duration:

Your data will only be processed as long as the corresponding consent is given. Afterwards they will be deleted.

Provision prescribed or required:

The provision of your personal data is voluntary, based solely on your consent. Without existing consent, we can unfortunately not send you our newsletter.

Contact Form

Nature and purpose of the processing:

The data you enter will be stored for the purpose of individual communication with you. For this purpose, it is necessary to provide a valid e-mail address, phone number and your name. This serves the assignment of the request and the subsequent response to the same. The specification of further personal data is optional.

Legal basis:

The processing of the data entered in the contact form is based on a legitimate interest (Art. 6 para. 1 lit. f GDPR).

By providing the contact form, we would like to enable you to contact us easily. The information you provide will be stored for the purpose of processing the request and for possible follow-up questions.

If you contact us to request a quote, the data entered in the contact form will be processed to carry out pre-contractual measures (Art. 6 para. 1 lit. b GDPR).

Recipients:

If applicable, recipients of the data are processors.

Transfer to a third country:

The collected data may be transferred to the following third countries: United States of America.

The following data protection guarantees are in place: Please find further information in section EU-U.S. Privacy Shield  and Swiss-U.S. Privacy Shield Frameworks.

Storage Duration:

Your data will be deleted no later than 6 months after processing the request unless there are other legal retention periods.

Provision prescribed or required:

The provision of your personal data is voluntary. However, we can only process your request if you provide us with your name, phone number and e-mail address.

Right to object:

You have the right to object to the processing of your data. Information on how to object is provided here. 

Information about your right to object according to Art. 21 GDPR

Right to object on a case-by-case basis:

You have the right to object at any time, on grounds relating to your particular situation, to the processing of your personal data which is carried out on the basis of Art. 6 para. 1 lit. f GDPR (data processing on the basis of a balance of interests); this also applies to profiling based on this provision within the meaning of Art. 4 para. 4 GDPR.

If you object, we will no longer process your personal data unless we can demonstrate compelling legitimate grounds for the processing which override your interests, rights and freedoms, or the processing serves the purpose of asserting, exercising or defending legal claims.

Recipient of an objection:

• By Email: privacy@inmoment.com

• By postal mail:  InMoment, Attn: Privacy Team/Legal, 10355 South Jordan Gateway, Suite 600, South Jordan, UT 84095 USA.  

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/.

EU-U.S. Privacy Shield and Swiss-U.S. Privacy Shield Frameworks 

InMoment is aware that the European Court of Justice declared the EU-U.S. Privacy Shield as invalid in its ruling from 16 July 2020. Consequently, the EU-U.S. Privacy Shield Framework is no longer a valid mechanism for the transfer of personal data from European Economic Area (EEA) to the Unites States of America. InMoment is also aware that the Swiss Federal Data Protection and Information Commissioner on 08 September 2020 declared that the Swiss-U-S- Privacy Shield does not provide an adequate level of protection for the transfer of personal data from Switzerland to the US. 

However, in accordance with the relevant advice and request by the US Federal Trade Commission (FTC), InMoment continues to      comply 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      EEA and Switzerland to the United States.  InMoment 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/.

InMoment would oppose and aggressively defend against government law enforcement requests to disclose any personal data collected on this website. To the extent possible, InMoment will without undue delay inform the affected data subject about such government law enforcement requests and support the data subject in defending its rights under the GDPR.  InMoment concludes Standard Data Protection Clauses (also known as Standard Contractual Clauses) with all data processors outside the EU/EEA. To ensure that the level of data protection is maintained, InMoment maintains safeguards in its systems and processes to ensure an adequate level of data protection.

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://inmoment.com/wp-content/uploads/2021/07/Privacy-Shield-Statement-180925.pdf.

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.

• InMoment uses data to train our artificial intelligence tools.

InMoment may process your data using artificial intelligence (“AI”) technologies including generative AI, and InMoment also may use this information for training our own machine learning models, natural language processing, large-language models, and other relevant AI use-cases. InMoment will only process in these above environments the data that you provide to us. Any third-party AI processors will not store your data beyond the brief period needed to process it nor will such data be shared with any other persons, entities, or data models beyond those contracted with InMoment and contractually obligated to process in the above manner.

• 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, Inc., Attn: Privacy Team/Legal, 10355 South Jordan Gateway, Suite 600, South Jordan, UT 84095 USA.

Version: This Privacy Policy has been updated on 7 July 2021