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LAST UPDATED: August 16, 2021
Effective July 1, 2021, SurveyMonkey Inc. became Momentive Inc., SurveyMonkey Europe UC became Momentive Europe UC, SurveyMonkey Brasil Internet Eireli became Momentive Brasil Internet Eireli, and Usabilla BV became Momentive Netherlands B.V.
This Privacy Notice applies to all the products, services, websites and apps offered by Momentive Inc., Momentive Europe UC, Momentive Brasil Internet Eireli, Momentive Netherlands B.V., and other Momentive affiliates (collectively “Momentive”), except where otherwise noted. We refer to those products, services, websites, and apps collectively as the “services” in this notice. Unless otherwise noted in your contract, our services are provided by Momentive Inc. inside of the United States, by Momentive Brasil Internet Eireli inside of Brazil, and by Momentive Europe UC everywhere else.
References to "data" in this Privacy Notice will refer to whatever data you use our services to collect, whether it be survey or questionnaire responses, data collected in a form or application, or data inserted on a site hosted by us – it’s all your data! Reference to personal information or just information, means information about you personally that we collect or for which we act as custodian.
If you want to identify your data controller please see the “Who is my data controller?” section below.
We refer to “you” a lot in this Privacy Notice. To better understand what information is most relevant to you, see the following useful definitions.
Creators: You hold an account within a Momentive service and you either directly create surveys, forms, applications, or questionnaires or you are collaborating on, commenting on, or reviewing surveys, forms, applications, or questionnaires within an account.
Respondents: You have received a survey, form, application, or questionnaire powered by a Momentive service.
Panelists: You have signed up and agreed to take surveys sent to you by Momentive on behalf of creators. We deal with panelists in an entirely separate section of our Privacy Notice, which you can read here.
Visitors: You are just visiting one of our websites because you are curious, or you have heard about us from our marketing and sales channels!
If you are a Creator, we may also collect:
When you use our services, we may also collect the following data on your behalf for certain services:
We process personal data about you where:
In each of the instances where we describe how we use your data in this Privacy Notice, we have identified which of these grounds for processing we are relying upon.
You have consented to us using certain types of tracking and third party cookies on our websites. In particular:
We or third party data and advertising platforms that we work with may use or combine multiple technologies, such as cookies, page tags, mobile identifiers and IP addresses to infer users’ common identities across different services and multiple devices such as tablets, browsers, and mobile phones. We may do so, for instance, to tailor ads to users, to enable us to determine the success of our advertising campaigns and to improve upon them. These third party data and advertising platforms may sometimes use data that we provide to them in order to improve their technologies and their ability to match common devices to users. We also may use this technology to allow a Creator to measure the performance of their email messaging and to learn how to improve email deliverability and open rates. You can withdraw your consent at any time.
More details: The above data and techniques are used for personalized marketing, analytics, and related purposes. To learn more about interest-based advertising and how to opt-out of it, please see our Cookies Notice in Section 6. We use this data to personalize online marketing campaigns to be relevant to you and your interests in our services. By clearing your cookies in your browser settings, you will no longer see personalized messages in this way but you continue to see ads over the internet that are not based on the information you provided to Momentive. Depending on your geographic location you can also withdraw your consent using our in-product cookie management tools.
We use contact information to respond to your inquiries, send you information as part of the services, and send you marketing information (for as long as you do not opt-out).
More details: We use your email address to send you marketing (newsletters), unless you indicate a preference to opt-out and for general updates on your account. You can opt out of marketing communications at any time by clicking on the “unsubscribe” link in them and changing the relevant setting on your My Account page.
We use information about how you use our services to improve our services for you and all users and to make recommendations to you and your organization about our other services.
More details: We collect information about the types of surveys/forms/applications you create (e.g. HR surveys), the types of plans you purchase and your account transactional behavior to build a profile about you so as to help direct you and your organization to other relevant features and services we offer and to optimize user experience, for example by making recommendations to you or your organization.
We may also use usage information such as levels and nature of activity in your account and number of responses you are receiving to personalize the features and services we highlight for you and your organization in our Sites, improve user experience and to make recommendations to you and your organization about our services through our sales and marketing efforts.
We use device data both to troubleshoot problems with our service and to make improvements to it. We also infer your geographic location based on your IP address.
More details: We collect this to help us improve your service experience through a specific device/browser by optimizing how the website looks in a particular browser, how your screen brightness affects your experience and to ensure the service operates optimally and as it should on different devices and browsers.
We use log data for many different business purposes to include:
More details: Your IP address is used to determine where an unknown/unauthorized access may have occurred in your account (abuse monitoring).
We use referral information to track the success of our integrations and referral processes.
We collect and use information from third parties and integration partners, where applicable to one of our services, to:
See further information here on our API partners – for other Momentive services see below or on the website for that service.
To respond to legal requests or prevent fraud, we may need to use and disclose information or data we hold about you. If we receive a subpoena or other legal request, we may need to inspect the data we hold to determine how to respond.
We collect and use the following on the basis that we have to use this information in order to fulfill our contract with you:
We need to use your account information to run your account, provide you with services, bill you for our services, provide you with customer support, and contact you or your organization about your service or account. We occasionally send you communications of a transactional nature (e.g. service-related announcements, billing-related matters, changes to our services or policies, a welcome email when you first register). You cannot opt out of these communications since they are required to provide our services to you.
We process other aspects of your account information (like the personal information you provide about your job, your job title, and your marketing preferences) as well as information obtained from public sources, for legitimate interests like providing you with a personalized experience and relevant and useful marketing information as well as to make other product, feature and service recommendations to you and your organization to optimize the use of the services we offer. If you are part of a SurveyMonkey Enterprise account, we also provide an opportunity for you to upload a photo so that your administrator(s) and colleagues can identify you.
You can object to us using your information as described above but in some cases, our ability to fully and properly provide our services to you may be impacted if you do not want us to collect or use the above data. Furthermore, if you are a SurveyMonkey Enterprise account holder, your organization controls some of the data which you include in your profile and they can also edit or remove that information through the primary administrator(s) of that account.
In relation to Survey Data
We also use survey questions and responses on an aggregated or anonymized basis as described in this Privacy Notice. We will never sell individual response data or identify / contact individual respondents except on your request or where required by law. Feature descriptions will identify where this is feature linked. In some cases you can avoid the use of your questions/responses in this way by simply choosing not to use a feature or by indicating your preferences in your account. See our “Respondent” section.
If you are part of a SurveyMonkey Enterprise plan, your plan’s administrator(s) can transfer your survey questions and responses to, or share them with, other members in your team, including your plan’s administrator(s) themselves. Your plan’s administrator(s) can also delete your survey questions and responses. Your plan’s administrator(s) may also have the ability to make changes to any aspects of your survey questions and analysis. Please refer to your organization’s internal policies if you have questions about this.
Finally, if you use our survey tool, depending on the package you are on and the settings you have selected, your Respondents may reach the standard survey end page on completion of a survey. The end page is part of the Momentive website. We may include our own research surveys and polling on this end page. These surveys are optional for any Respondent to take or skip.
We collect information using cookies when you take a survey. These cookies are used to ensure that the full functionality of our survey service is operational, to ensure the survey operates appropriately and optimally. For more information please read our Cookies section below and our Respondent Cookies Notice. After completion of a survey, in most cases, you will be re-directed to our website and treated as a website visitor where other cookies may be used so you should read our Website Visitor section if this is of interest to you.
We only use contact information to respond to an inquiry which you, as a Respondent, submit to us.
Our customer support team uses your email address to communicate with you if you have contacted us about a survey, form, application, or questionnaire you received, but we will not send marketing to you unless you have otherwise opted-in to marketing.
We use information about how you use our services to improve our services for you and all users.
We collect information about the types of questions you answer. This data will be aggregated and anonymized so we can examine patterns in terms of respondent preferences when submitting responses (see further below in Information for Survey Respondent section). We collect and use all this data for our legitimate interests like helping us improve the experience for respondents (so that questions are easier to answer), for training purposes and to understand industry trends in and to help improve the completion rates on surveys/forms.
We will also use usage information such as the type of survey, form, questionnaire or application that you answered to personalize products we show you on completion of a survey when you are re-directed to our website and to make recommendations to our customers about usage of our services.
We collect this to ensure that service experience works well across all possible devices and to infer geographic location to produce aggregated data around Respondent location trends. We also want to use this information to provide an additional data layer to Creators so that they can filter responses by e.g. inferred geographic location. Note however, that we do not collect precise GPS co-ordinate location. We just infer location from IP address. Finally we will use this information to compare and look at trends on how our service operates and how you interact with surveys, on different browsers and devices.
We use log data for many different business purposes including the following:
Your IP address is used to ensure that you do not complete the same survey, form, application or questionnaire twice if the creator has included settings to avoid this (ballot stuffing), for abuse monitoring purposes (so we can identify a Respondent who abused the survey taking experience in a manner contrary to our usage policies or to facilitate the Creator in complying with their own legal obligations). We also collect log data to collate aggregated data and metrics on activity at a non-identifying level and so that we can identify trends in survey taking over time.
We will collect and use information from third parties and integration partners to facilitate Creators in sending surveys/forms/applications/questionnaires to you.
We will use machine learning techniques on response data, metadata (as described above) and cookie data, in order to provide Creators with useful and relevant insights from the data they have collected using our services, to build features, improve our services, for fraud detection and to develop aggregated data products. You can read more about this in relation to Momentive surveys below.
To respond to legal requests or prevent fraud, we may need to disclose any information or data we hold about you. If we receive a subpoena or other legal request, we may need to inspect the data we hold to determine how to respond.
Use of survey data
In general survey responses are controlled and managed by the Creator (the person who sent or deployed that survey). In those instances Momentive is only processing those responses on behalf of the Creator.
Creator and Respondent trust is paramount to everything we do and so when we do use data about Respondents, we put Creators and Respondents first. When we do an analysis of response data we only do so once we aggregate and anonymize or pseudonymize the data.
We go into more detail below on how Momentive uses survey data. A Creator has some controls over how we use responses in their Account settings and may have turned off our ability to apply machine learning to responses where it is linked to a specific product feature in some cases.
Momentive uses data in the ways described below, for our legitimate interests as described in this section:
The data impacted by this section includes:
Momentive will use automated processes and machine learning, to analyze survey responses, which in turn helps us to:
We will do this so that we can identify trends, build product features that optimize responses, make product recommendations and provide guidance on which products and services work best in different scenarios. For an example of this check out how SurveyMonkey Genius works here.
By understanding response data and Respondent interaction in different types of surveys we can:
We process personal data about you where:
When you have consented or we have a legitimate basis for doing so, we collect and use the following information about you:
We use contact information to respond to your inquiries or send you information about our services, either where you have agreed to this at the point of providing your information or where you operate in a business which may be interested in our services and for as long as you do not opt-out.
We provide your email address to a member of our sales team who will contact you if you submitted an inquiry through one of the online forms on our site. You will also receive marketing communications from us if you have consented to this at the point where you provided your information or alternatively where your business may otherwise find the information about related services of interest. We will always provide you with the means to opt-out of this marketing at any time.
We or third party data and advertising platforms that we work with may use or combine multiple technologies, such as cookies, page tags, mobile identifiers and IP addresses to infer users’ common identities across different services and multiple devices such as tablets, browsers, and mobile phones. We may do so, for instance, to tailor ads to users, to enable us to determine the success of our advertising campaigns and to improve upon them. These third party data and advertising platforms may sometimes use data that we provide to them in order to improve their technologies and their ability to match common devices to users.
To personalize marketing campaigns run through third party advertisers and help Momentive measure online advertising success and to deliver ads for our services based on user preferences. See our Cookies section. If you do not want Momentive to use this information to serve you targeted ads about our services, you may indicate your preferences at https://www.aboutads.info, https://preferences-mgr.truste.com/ or, if you are located in the European Union, at https://www.youronlinechoices.eu/. You may continue to receive ads over the internet that are not based on information you provided to Momentive.
As a result of the above data we collect, we also carry out the following processing for legitimate business interests pursued by us:
We combine information about you from third party sources with information we hold about you to create a user profile, which will help us to make our sales and marketing efforts more relevant to you and to personalize and improve our marketing/sales campaigns and website experience.
We use machine learning techniques on certain data in order to optimize our marketing campaigns.
We use device data both to troubleshoot problems with our service and to make improvements to it. We also infer your geographic location based on your IP address. Some examples relevant to you:
We collect device and browser information from you to troubleshoot website functionality issues and to fix bugs.
We use information about how you have interacted with our websites to improve our website services for you and all users. Some examples relevant to you:
We collect information about the webpages you have visited and your activity on our sites at an aggregate level. We collect this information so that we can track the most visited and most useful parts of our website to identify what are our most popular services.
We use log data for many different business purposes including the following:
Your browser type to determine how we can present our website best within that browser environment.
We use referral information to track the success of our integrations and referral processes.
If you clicked on an advertisement for one of our brands, presented by one of our partners on the web, which brought you to one of our websites, we will record this information to help us track the success of advertising campaigns
In some cases, as a former website visitor, we may not have any personal information about you (for example if you have not interacted with our site or have cleared your cookies).
Many of our services let you share information with others. Remember that when you share information publicly, it can be indexable by search engines. Our services provide you with different options on sharing and deleting your content but we cannot delete content from search engines so you need to be careful about information you make public.
We do not share your information or data with third parties outside Momentive except in the following limited circumstances:
We enter into confidentiality and data processing terms with partners to ensure they comply with high levels of confidentiality and best practices in privacy and security standards and we regularly review these standards and practices.
Where we use any third parties (subprocessor) to assist us in service delivery for you (the Creator), and they process your data as part of that service, we maintain a list of these third parties which is available here. This contains a list of all subprocessors used across all services covered by this Privacy Notice so please keep in mind that your service may only be impacted by a subset of these subprocessors.
For example, we will collect data about the number of clicks it took Respondents to complete a survey, whether they left and returned to a survey, whether they skipped parts of a survey and how long it took to complete the survey and other details about the survey taking. We also record clicks of the survey creation process to determine whether the product is intuitive enough so as to improve the overall service experience. This information is collated and kept at an aggregated, pseudonymized level.
Creators: if you use the “Remember me” feature when you sign into your account, we store your username in a cookie to make it quicker for you to sign in whenever you return to our site.
We store user preferences, your default language, device and browser information, your profile information which includes, the level of usage of service and the web-pages on our site which you visit, so we can identify you across devices and personalize the content you see.
We, or our service providers and other third parties we work with, place cookies when you visit our website and other websites or when you open advertising content online or emails that we send you, in order to provide you with more tailored marketing content (about our services or other services), and to evaluate whether this content is useful or effective. For instance, we evaluate which ads are clicked on most often, and whether those clicks lead users to make better use of our tools, features and services. If you don’t want to receive ads that are tailored to you based on your online activity, you may “opt out” of many of the companies that are involved in such tailoring by going to https://www.aboutads.info, https://preferences-mgr.truste.com/ or, if you’re located in the European Union, at https://www.youronlinechoices.eu. Opting out in this way does not mean you will not see any ads; it just means that you will not see ads that have been tailored to you based on your activities and inferred preferences.
We use Google Analytics as a tool to measure the success of our advertising campaigns and referrals through third party advertising partners. The Google Analytics data collected for these purposes is aggregated and anonymous.
Where you have explicitly consented, or have not disabled third party advertising cookies (depending on your location), we will also use Google Analytics data to support display advertising, including re-targeting. In addition to customizing your preferences for these behaviors through steps we have outlined in our banners and privacy notices you can also customize the Google Display Network ads by using the Google Ad Preferences Manager and learn more about how Google serves ads by viewing its Customer Ads Help Center.
You can also choose to remove or disable cookies via your browser settings and, depending on your geographic location you can withdraw consent to non-essential cookies using the in-product cookie preferences tool.
If you are a Creator, we generally do not delete the data in your account as long as your account is active – you are responsible for and control the time periods for which you retain this data. You can read about this here for account use. Here are some exceptions:
We also encourage Creators to actively review their data retention practices in their account and take care to retain data only as long as is strictly necessary.
Our services are not intended for and may not be used by minors. “Minors” are individuals under the age of 13 (or under a higher age if permitted by the laws of their residence). Momentive does not knowingly collect personal data from Minors or allow them to register. If it comes to our attention that we have collected personal data from a Minor, we may delete this information without notice. If you have reason to believe that this has occurred, please contact customer support.
Your information and data may be processed in and transferred or disclosed in the United States and countries in which our affiliates are located and in which our service providers are located or have servers. You can view where our affiliates are located on the Office Locations page. We ensure that the recipient of your Personal Data offers an adequate level of protection, for instance by entering into the appropriate back-to-back agreements. We apply our standard Data Processing Agreement to all our customer agreements and we use standard contractual clauses for the transfer of data as approved by the European Commission.
We have also provided a help article which answers some additional questions about data transfers to the US.
EU-U.S. Privacy Shield and Swiss-U.S. Privacy Shield.
Momentive Inc. participates in and has certified its compliance with the EU-U.S. Privacy Shield Framework and Swiss-U.S. Privacy Shield. Momentive is committed to subjecting all personal information received from the European Union (EU) member countries, the United Kingdom, and Switzerland, in reliance on the Privacy Shield Framework, to the Framework’s applicable Principles. To learn more about the Privacy Shield Framework, visit the U.S. Department of Commerce’s Privacy Shield List see https://www.privacyshield.gov/.
Momentive also complies with the onward transfer liability provisions of the Privacy Shield Principles.
When Momentive receives personal information under the Privacy Shield and then transfers it to a third-party service provider acting as agent on Momentive’s behalf, Momentive has certain liability under the Privacy Shield if both (i) the agent processes the information in a manner inconsistent with the Privacy Shield and (ii) Momentive is responsible for the event giving rise to the damage. In certain situations, Momentive may be required to disclose personal data in response to lawful requests by public authorities, including to meet national security or law enforcement requirements.
Momentive is subject to the investigatory and enforcement powers of the U.S. Federal Trade Commission. Please contact Momentive as described in Section 14 below if you have any concerns or complaints of any nature. 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://www.jamsadr.com/file-an-eu-us-privacy-shield-claim.
Under certain conditions, more fully described on the Privacy Shield website https://www.privacyshield.gov/article?id=How-to-Submit-a-Complaint, you may invoke binding arbitration when other dispute resolution procedures have been exhausted.
We can make changes to the Privacy Basics and this Privacy Notice from time to time. We will identify the changes we have made on this page. In circumstances where a change will materially change the way in which we collect or use your personal information or data, we will send a notice of this change to all of our account holders.
You can opt-out from direct marketing in your account and we provide opt-out options in all direct marketing emails. Finally, if you do not wish to see personalized marketing content on the web related to our service you can clear the cookies in your browser settings. See our Help Center article on how to do this here.
As mentioned above – all response data at an individual level is controlled by the Creator. Momentive can be a data controller of data about Respondents only in the very limited ways described in the section here called “How we use the information we collect - Respondent”. To the extent that is the case we have identified the correct controller below.
If you are located outside the United States, your data controller is Momentive Europe UC to the extent that it is processing your personal data. For certain other services please see our Privacy Information Specific to Other Services page. For SurveyMonkey Enterprise account holders, your organization controls some basic account level information which you input when setting up your account (like name, email address and profile photo). You can reach out to the primary administrator(s) of the account if you wish to delete, receive a copy, change or update that information.
You may wish to exercise a right to obtain information about yourself or to correct, update or delete that information. For more information about these rights you can read about it here. Some of these rights may be subject to some exceptions or limitations in local law. Please note your rights and choices vary depending upon your location. We will take reasonable steps to verify your identity and we will respond to your request to exercise these rights within a reasonable time (and in all cases within 30 days of receiving a request) subject to the below for specific categories of person.
For SurveyMonkey Apply users please see information on how to exercise your rights here. This section describes the rights you may have generally as a customer of any Momentive service.
Where you hold an account with any Momentive service, you are entitled to a copy of all personal data which we hold in relation to you. You also may be entitled to request that we restrict how we use your data or object to some aspect of our treatment of your data. You can access a lot of your data in your own account when you log in. If you want to exercise your rights, please contact us here.
Depending on your plan type, Momentive also enables you to export your own response data from our system in a variety of formats so that you can back it up or use it with other applications. Alternatively, for assistance in exporting you can contact us.
Where you have responded to a survey, form, questionnaire or application sent to you by a Creator using a Momentive service, you will need to reach out directly to that individual or organization to discuss managing, deleting, accessing, restricting access to or otherwise withdrawing consent for use of the information which you provided to them in your responses. Momentive does not control your response data and, accordingly, is not in a position to directly handle these requests in relation to that data. If you are having difficulties finding this Creator or if you have any other questions after reading this Privacy Notice, you can contact us through our support team and we will try our best to help you.
If you are a third party organization acting on behalf of a data subject (or class of data subjects) to exercise data subject rights, we do work with you. In this case:
Please do not share other forms of personal identification for data subjects with us when submitting requests.
Other rights and choices
Except as explicitly provided herein, please use the following contact information for privacy inquiries
If you are a resident in the European Union and you are dissatisfied with how we have managed a complaint you have submitted to us, you are entitled to contact your local data protection supervisory authority. As Momentive Europe UC operates its business in Ireland, it operates under the remit of the Irish Office of the Data Protection Commissioner (see: IDPC Website).
ALTHOUGH THIS NOTICE APPLIES TO ALL OUR SERVICES, IF YOU ARE USING THE BELOW SERVICES PLEASE CLICK ON THE RELEVANT LINK TO BRING YOU DIRECTLY TO SERVICE SPECIFIC INFORMATION: