These Snap Online Beta Data Processing Terms (“Beta Terms”) apply where you are using the Snap Online Beta Software (the “Software”) and the Snap Online Beta Services (the “Services”) to process Personal Data and European Data Protection Laws apply to the processing of that Personal Data (for example because you or your Respondents are located in the EEA).
References in these Beta Terms to “you” are to a user who has been provided with the Snap Online Beta Software and the Snap Online Beta Services by Snap Surveys pursuant to the Evaluation Terms, which these Beta Terms are incorporated into.
Snap Surveys and you agree as follows:
1. DEFINITIONS
1.1 In these Beta Terms, the following words and phrases shall have the following meanings:
Affiliate: each and any subsidiary or holding company of party and each and any subsidiary of a holding company of a party.
Applicable Laws: the laws the European Union, or of any member state of the European Union, to which the parties are subject.
Data Controller, Data Processor, Data Subject and Personal Data: have the meaning given to them in EU General Data Protection Regulation 2016/679.
Data Protection Laws: all applicable laws and regulations relating to the processing of personal data or personally identifiable information, privacy and/or the use of electronic communications in any applicable jurisdiction.
European Data Protection Laws: the General Data Protection Regulation (EU) 2016/679 and any applicable national laws made under it, and the Privacy and Electronic Communications (EC Directive) Regulations 2003, as amended, replaced or updated from time to time.
Hosting Providers: UKFast.Net Limited and Rackspace US.
Respondents: those individuals responding to surveys.
Servers: the server environments managed by the Hosting Providers on behalf of Snap Surveys, where Snap Surveys hosts Snap Online.
Subprocessor: a processor appointed by Snap Surveys to process data on its behalf, including the Hosting Provider and Snap Surveys’ Affiliates.
Your Account: Your Snap Online Account.
2. SURVEY DATA
2.1 As you use the Software and the Services, you will submit information and data to us, and third parties including Respondents will use the software and the services to submit information and data to you. All such information and data is referred to as “Survey Data” under these Beta Terms.
2.2 As between us, all rights, title and interest in and to the Survey Data shall be owned by you. You are responsible for the Survey Data and its legality, reliability, integrity, accuracy and quality, and you must ensure that you have all rights and permissions required to use the Survey Data in connection with the Software and the Services and these Beta Terms. You are responsible for ensuring that you comply with all applicable Data Protection laws when you use the Software and Services.
2.3 The Survey Data may from time to time include Personal Data. You and Snap Surveys acknowledge and agree that, for the purposes of the European Data Protection Laws, you are the Data Controller and Snap Surveys is the Data Processor in relation to such Survey Data.
2.4 Schedule 1 sets out certain information regarding the processing of the Survey Data including the nature and purpose of the processing, the types of Survey Data to be processed and the categories of Data Subject to whom the Survey Data relates.
2.5 We shall process the Survey Data only on your documented instructions which, in the context of providing the Services, shall mean all actions that (1) are reasonably necessary to enable us to provide the Services and (2) you take while using the Software and the Services unless we are required to do so by Applicable Laws. If this happens we will, to the extent permitted by the relevant Applicable Law, inform you of the legal requirement before processing the Survey Data.
2.6 The Survey Data will be hosted, stored and processed on the Servers in the UK (if you are based in the UK) or the US (if you are based in the US). We may transfer the Survey Data to Subprocessors located outside of the country in which you are based. Where this involves a transfer of Survey Data outside of the UK or the EEA Snap Surveys shall ensure that the Subprocessor (i) is located in a country that the European Commission has decided provides adequate protection for Personal Data, (ii) has executed the Model Clauses or (iii) has in place an alternative mechanism that complies with the Data Protection Laws for the transfer of Personal Data outside of the EEA
2.7 We shall take reasonable steps to ensure the reliability of all persons that are authorized to process the Survey Data on our behalf and shall ensure that all such persons are subject to appropriate obligations of confidentiality in relation to the Survey Data.
2.8 We shall implement appropriate technical and organizational measures to ensure an appropriate level of security in relation to the Survey Data, taking into account:
(a) the state of the art, the costs of implementation and the nature, scope, context and purpose of the processing; and
(b) the risks presented by the processing of the Survey Data for the rights and freedoms of natural persons, in particular from accidental or unlawful destruction, loss, alteration, unauthorized disclosure of, or access to personal data transmitted, stored or otherwise processed.
In this regard, please bear in mind that the Software and the Services are in currently in beta testing phase and are provided ‘as is’ and cannot be expected to provide a level of security that would be appropriate for non-testing, commercially released software. As a result you should exercise caution in selecting the Survey Data that you wish to process using the Software and the Services.
2.9 You acknowledge and agree that the Survey Data will be transmitted over the internet, which by its nature is, even when encrypted, never completely secure.
2.10 You acknowledge and consent to Snap Surveys storing, backing-up, viewing, and archiving the Survey Data with, and disclosing the Survey Data to, its Affiliates or the Hosting Providers under these Beta Terms, and that our Affiliates and the Hosting Providers shall be Subprocessors under these Beta Terms.
2.11 Snap Surveys has entered into written agreements with each Subprocessor which are substantially similar to those contained in these Beta Terms. Snap Surveys shall remain liable for all acts and omissions of its Subprocessors.
2.12 We will implement appropriate technical and organizational measures, insofar as this is possible, to assist you to fulfil your obligations to respond to requests from Data Subjects who exercise their rights under the Data Protection Laws.
2.13 We will:
(a) promptly notify you if we receive a request from a Data Subject under any Data Protection Law in respect of the Survey Data;
(b) not respond directly to such a request except on your documented instructions or as required by Data Protection Law, in which case we shall, to the extent permitted by Data Protection Law, inform you of that legal requirement before responding to the request.
2.14 We will notify you without undue delay if we become aware of a personal data breach affecting the Survey Data, and provide you with such relevant information in our possession to as required to assist you with meeting any obligations to report or inform Data Subjects or the supervisory authority of the personal data breach.
2.15 We will co-operate with you and take such reasonable commercial steps as you may request to assist in the investigation, mitigation and remediation of the personal data breach.
2.16 We will, taking into account the nature of the processing and the information available to us, and at your cost, provide reasonable assistance to you in respect of any data protection impact assessments and prior consultations with supervisory authorities or other competent data privacy authorities, where these are required by Data Protection Laws and relate to the processing of the Survey Data.
2.17 You may download your Survey Data from Your Account at any time while Your Account is active. You are responsible for backing up all Survey Data that you have exported from the Server.
2.18 You may also delete Survey Data from Your Account at any time while Your Account is active. We recommend that You review the Survey Data held in Your Account at regular intervals and do not retain Survey Data in Your Account for longer than is necessary, in accordance with good data management principles.
2.19 At the end of the beta testing phase we may close Your Account. Any Survey Data that you have not deleted from Your Account prior to closure will remain in Your Account for 28 days, unless you ask us to delete it sooner.
2.20 We may store the Survey Data when required by Applicable Laws, but only to the extent and for such period as required by Applicable Laws. Save where required by Applicable Laws, after the expiry of the period in clause 2.19 we will have no obligation to maintain or provide any Survey Data in Your Account, and will have the right to delete or destroy all copies of the Survey Data in our systems or otherwise in our possession or control.
2.21 We will make available to you on request all information necessary to demonstrate our compliance with these Beta Terms and we will allow for and contribute to audits and inspections by you or your designated auditor in relation to our processing of the Survey Data. You will give us reasonable notice of any such audit or inspection and will use reasonable endeavours to minimise disruption to our premises, equipment, personnel and business while conducting the audit or inspection.
SCHEDULE 1 – INFORMATION REGARDING THE PROCESSING OF THE SURVEY DATA
This Schedule sets out further details regarding the processing of the Survey Data. You are responsible for keeping this information accurate and up to date and for notifying us of any changes required to it.
Subject matter and duration of the processing of the Survey Data
The subject matter of the processing is the Survey Data and the duration of the processing is until the expiry or termination of the Evaluation Terms.
The nature and purpose of the processing of the Survey Data
The nature of the processing is the collecting, storing, backing-up, hosting, editing, deleting,
analyzing, and making available the Survey Data in accordance with your instructions. The purpose of the processing is to provide the Services to you in accordance with the Evaluation Terms.
The types of Survey Data to be processed
The types of Personal Data to be processed may include contact details for Respondents and potential Respondents such as name, address, telephone number and email address and any type of Personal Data that you may choose to collect in a response to your surveys. This may include special categories of Personal Data.
The extent of and types of Personal Data that you may choose to collect is determined by you in your sole discretion.
The categories of Data Subject to whom the Survey Data relates
The categories of Data Subjects whose Personal Data will be processed include Respondents and potential Respondents, and other persons whose Personal Data may be contained in survey responses.
The obligations and rights of the Data Controller
The obligations and rights of the Data Controller (you) are set out in these Beta Terms.
Snap Surveys Limited
Registered Office: 5 Mead Court, Cooper Road, Thornbury, Bristol BS35 3UW, UK
Company number: 01672722
VAT number: 449225047
Telephone: + 44 (0)1454 280800
Email: legal@snapsurveys.com
Website: www.snapsurveys.com
Snap Surveys NH, Inc.
Address: 210 Commerce Way, Suite 200, Portsmouth, NH 03801, USA
Telephone: (603) 610-8700
Email: legal@snapsurveys.com
Website: www.snapsurveys.com
Last Updated 3 February 2021