Privacy Policy
1. Introduction and Application
(a) Opinari Technologies Inc.
“Opinari” “us”, “we”, or “our”, is committed to protecting your privacy
and the security of your personal information.
(b) The objective of this
privacy policy (“Privacy Policy”) is to explain how we handle your
personal information.
(c) By using the Service, you
agree to the collection and use of personal information and other
information in accordance with this policy.
(d) This Privacy Policy may
change from time to time and it is therefore important you review it
regularly.
(e) In this Privacy Policy
the following terms have the following meanings (otherwise, capitalized
terms used in this Privacy Policy but not defined have the meanings given
to them in the Terms of Service):
-
User: a Paid Plan User, or
a Visitor.
-
Paid Plan User: a person who
has signed up to a Paid Plan.
-
Visitor: a visitor to the
Website (i.e. the Opinari polling website).
-
End User: has the meaning
given to it in the Terms of Service.
(f) If you are an End User,
and want to know how a User handles your personal information, please get
in touch with the User directly. This Privacy Policy is about how we
collect and use.
2. What personal information do we collect?
(a) Personal data means
information or data about a living individual who can be identified from
that information or data (which includes information or data in our
possession or which is likely to come into our possession).
(b) We collect several
different types of personal information for various purposes. In the
table below we have categorized this personal information and describe
what it is and how we may collect it.
(c) Types of Data Collected:
-
User data: This is the
personal information that is provided by you (ie a User) when you sign
up for and use the Opinari Service.
If you have a Paid Plan: Such personal information may include
all of the information above, plus credit card details (stored by
PayPal, not by us), and full name for billing details. In addition to
the above, we may use and store information about Visitors. This is
anonymised and aggregated in high quantities, and we remove any
personal information as we are interested in the “how” not the “who”.
-
Usage data: This includes
information on how the Opinari Service is accessed and used by Users
and End Users, as well as usernames and passwords, internet protocol
(“IP”) addresses (and geographic information from an IP address),
browser types, time zone settings, the time spent on webpages, unique
device identifiers and other diagnostic data.
-
Location data: We may use
and store information about your approximate location (e.g. your
country, city or postcode) using geographic information from your IP
address. We use this data to provide features of the Opinari Service,
and to improve and customize the Opinari Service.
-
Marketing data: This
includes your preferences in receiving marketing communications from
us.
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Cookies data: We use
cookies and similar tracking technologies to track the activity on the
Opinari Service and hold certain information. Cookies are files with
small amounts of data which may include an anonymous unique
identifier. Cookies are sent to your browser from a website and stored
on your device. For more information see the “How do we use cookies?”
section below.
(d) Certain aspects of your
personal information, for example user data, are required for the
Opinari Services and if you fail to supply such information as requested
for specific Opinari Services, we may be unable to provide you with the
products and services in full and your enjoyment of such products and
services may be more limited.
(e)
Sensitive Data: We do not
collect sensitive personal information such as details about your race
or ethnic origin, political opinions, religious beliefs or affiliations,
philosophical beliefs, membership in professional or trade associations,
sexual orientation or practices, criminal record information, health
information, genetic background, or biometric data. However, we do ask
for optional demographic information, such as gender, during sign-up.
Providing this information is entirely voluntary.
(f) Children’s data:
-
Our services are not intended for use by children under the age of 13
(the “Age Limit”). If you are under the Age Limit, please do not use
the Opinari Service and do not provide us your personal information.
If you are a parent or guardian and you are aware that an individual
(of whom you are a parent or guardian) under the Age Limit has
provided us with personal information, please contact us. We will upon
notice or discovery take all reasonable efforts to erase or destroy
any personal information that may have been collected or stored by us
about that individual.
-
If you are older than the Age Limit but younger than 18 years’ of age
(“Provisional Age Bracket”), you must obtain the consent of your
parent or guardian to use the Opinari Service before signing up. If
you are a parent or guardian and you are aware that an individual (of
whom you are the parent or guardian) in the Provisional Age Bracket
has provided us with personal information, please contact us. We will,
upon notice or discovery, take all reasonable efforts to erase or
destroy any personal information that may have been collected or
stored by us about that individual.
3. Payment Information and PayPal Integration
(a) Information We Collect:
When you use our services to process payments or receive payouts, we
collect payment-related data, including:
- PayPal email address.
-
PayPal payer ID (for account identification).
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Transaction details, such as payout amounts and transaction IDs.
We do not store or process credit card information. All payment details
are handled securely by PayPal in compliance with PCI-DSS standards.
(b) How We Use Payment
Information:
We use PayPal data for the following purposes:
- To process payouts to users.
-
To verify transactions and ensure the accuracy of payment information.
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To comply with legal and regulatory requirements, including tax
reporting.
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To detect and prevent fraud related to payments and transactions.
(c) Sharing Payment
Information:
Your payment information is shared with PayPal to facilitate payouts. It
is not shared with any other third parties unless required by law or
necessary to address fraud or disputes.
(d) Security Measures:
We ensure that all payment-related information transmitted to PayPal is
done securely through encrypted connections. Your payment information is
not stored on our servers beyond the details required for transaction
verification and compliance purposes.
4. Why do we collect your personal information?
(a) Opinari uses the data we
collect for various purposes, including for the most common purposes
listed below:
-
To provide and deliver the Opinari Services and to assess, maintain
and improve the performance of the Opinari Services.
-
To ensure the Service is relevant to you and your device, to notify
you about changes to our Service, and to deliver targeted content based
on your user data, location and preferences.
-
For consumer research and to allow you to participate in surveys or
interactive features of our Service when you choose to do so.
-
To provide customer support and to process and respond to a request
or complaint that you may have.
-
To monitor the usage of our Service and to detect, prevent and
address technical issues.
-
To process any of your transactions and to conduct business planning,
reporting, and forecasting.
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To deliver promotional materials, special offers and general
information about other goods, services and events which we offer that
are similar to those that you have already purchased or enquired about
unless you have opted not to receive such information.
-
For the administration of our business including for fulfilling and
exercising our obligations and rights, exercising or defending legal
claims, and managing the relationship with you.
-
To comply with our legal obligations and law enforcement requests.
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To verify your identity and to detect fraud and potential fraud,
including fraudulent payments and fraudulent use of the Service.
5. How do we collect your personal information?
(a) We will collect personal
information directly from you wherever it is reasonable and practical to
do so. We may collect personal information from you via:
-
your use and access of the Opinari Services, including during your
registration as a user;
-
website links, social media or through any other platform or channel
where you make personal information available to us;
-
your response to any surveys or marketing materials we send out;
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information and recommendations uploaded to the Opinari Services by
yourself or by other users; and
-
interactions between yourself, other users of the Opinari Services,
and our staff.
(b) We may also collect your
personal information from third parties including:
-
third parties who partner with us and help us provide our Opinari
Services;
-
third parties that provide us with marketing leads;
-
third parties for whom we provide marketing and data analysis
services; and
-
via public sources or when you connect with a social network service
when using and accessing the Service.
If you provide us with information about another person (like your
employees or target audience), you will let that other person know that
we use their personal information in the ways set out in this Privacy
Policy, and that they can access the Privacy Policy on the Service or
request a copy of it from us.
(c) The legal basis for
collecting and using personal information will depend on the specific
circumstances in which we collect that data. However, we will collect
personal information from you where:
-
it is necessary for the performance of a contract to which you are a
party (including in connection with the Opinari Services);
-
you have consented to our use of the personal information for one or
more purposes;
-
the processing is in the legitimate interests pursued by us, and
those interests are balanced against your rights to privacy and do not
override your interests or fundamental rights to the protection of your
personal information; and
-
to comply with a legal obligation and the law.
6. Who we may disclose your personal information to?
(a)
Third party disclosure: We
may disclose your personal information to various third parties. These
third parties are likely to include:
-
technology and media partners in connection with the services that
these third parties perform for us;
-
our lawyers, accountants and professional advisors;
-
other third party service providers, such as third party branding
service providers;
- to Opinari related companies;
-
to law enforcement authorities where we are required to do so by law
or as a result of a) legal process;
-
in the event that we sell or transfer all or a portion of our
business or assets, to any transferee of such business or assets.
Should such a sale or transfer occur, we will use reasonable efforts
to require that the transferee uses the personal information that you
have provided to us in a manner that is consistent with this Privacy
Policy; and
-
third party payment processors.
(b) In relation to (5)(7)
above, because we provide paid products and/or services within the
Service, we use third party services for payment processing. We will not
store or collect your payment card details. That information is provided
directly to our third party payment processors whose use of your
personal information is governed by their privacy policies and their own
terms and conditions. These payment processors adhere to the standards
set by payment card industry data security standards (“PCI-DSS”) as
managed by the Payment Card Industry Security Standards Council, which
is a joint effort of brands like Visa, Mastercard, American Express and
Discover. PCI-DSS requirements help ensure the secure handling of
payment information. The payment processors we work with are:
(c) Disclosure of personal
information to other countries:
-
Opinari may transfer personal information to the United States and
other countries in which we do business. Opinari may also subcontract
certain activities and share your personal information with third
parties located outside of Canada (which is where we are
headquartered).
-
The countries in which these organizations are located will vary, but,
in the course of our business operations, we generally disclose
personal information to organizations located in Canada, or the United
States. Personal data, therefore, may be subject to privacy laws that
are different to those in your country. Such transfers are made in
order to provide the Opinari Services and carry out the activities
specified in this Privacy Policy.
-
We take all steps reasonably necessary to ensure that personal
information is treated securely and in accordance with this Privacy
Policy and applicable data protection laws, including entering into
data transfer agreements where required. No transfer of your personal
information will take place to an organization or another country unless
we believe there to be adequate controls in place including the
security of your data and other personal information. For more details
please see section 9 (How do we secure your personal information)
below.
7. How do we use cookies?
(a) To help improve the
service we provide through our Opinari Services, certain information is
collected from your browser. This information is collected as statistical
information and may include the IP address, browser type, language and
access times. This website also uses cookies to track pages visited and
information accessed within our website. This information is for
statistical reference, site analysis and to remember your details and
preferences when you return to that website.
(b) In many cases, the tools
used on our website record information in a way that does not identify
you as an individual. In other cases, information may be personal
information in which case this Privacy Policy will apply.
(c) Below we summarize why
we use cookies and the different types that we use:
-
Necessary cookies: are
those that are essential to run our website or to enable you to
receive a service that you have requested. For example, to operate a
Users’ session or any other request type functionality on the Service.
-
Performance cookies: are
those that collect information about how visitors use and interact
with our website so that we can improve it. For example, we use Heap
Analytics to track anonymous information about how visitors use our
Service. This only collects statistical information such as the number
of visitors to the Service, how they arrived there (i.e. via a Google
search or another website), whether it is a first-time or return visit,
etc.
-
Functionality cookies: are
those that remember the choices you make. Without these cookies you may
find that certain features are less convenient and reliable. For
example, we use these to remember your language and country of choice
and to present relevant content or collect statistical information for
our User analytics.
-
Marketing cookies: are those
that help us deliver advertising that is more relevant to you and your
interests. They include third party cookies placed by our partners and
other advertisers who share cookie data with us. For example, we use
these cookies to re-target our advertising to appropriate audiences
within our advertising partners’ platforms, such as Facebook advertising.
(d) The Opinari Service may
also use third party website tools from time to time, for example data
analytics. These third parties have access to your personal information
only to perform these tasks on our behalf and are prohibited from
disclosing or using it for any other purpose. These service providers may
change from time to time, but they generally include the following:
-
Google Analytics, Google
Adwords and Google Ad Sense:
-
Google Analytics is a web analytics service offered by Google Inc.
that tracks and reports website traffic. Google uses the data
collected to track and monitor the use of our Service. This data
is shared with other Google services. Google may use the collected
data to contextualize and personalize the ads of its own
advertising network. You can opt-out of having made your activity
on the Service available to Google Analytics by installing the
Google Analytics opt-out browser add-on. The add-on prevents the
Google Analytics JavaScript programs (ga.js, analytics.js, and
dc.js) from sharing information with Google Analytics about
visiting activity. For more information on the privacy practices of
Google, please visit the
Google Privacy Terms webpage.
-
Google AdWords remarketing service is provided by Google Inc. You
can control the information Google uses to show you ads here
http://www.google.com/settings/ads. For more information on the privacy practices of Google,
please visit the
Google Privacy Terms webpage.
-
Google AdSense is an advertising service provided by Google Inc.
Google uses cookies to serve ads based on your prior visits to our
website or other sites you have visited. You can manage your ad
settings and opt out of personalized advertising by visiting
Google Ad Settings. For more details on Google's privacy practices, please review
the
Google Privacy Policy.
-
Facebook:
-
Facebook remarketing service is provided by Facebook Inc. You can
learn more about interest-based advertising from Facebook by
visiting this
webpage. To opt-out from Facebook's interest-based ads follow these
instructions from Facebook available
here. Facebook adheres to the self-regulatory principles for online
behavioral advertising established by the Digital Advertising
Alliance. This means you can opt-out from Facebook and other
participating companies through the Digital Advertising Alliance
in the USA
here, the Digital Advertising Alliance of Canada in Canada
here, or the European Interactive Digital Advertising Alliance in
Europe
here, or opt-out using your mobile device settings. For more
information on the privacy practices of Facebook, please visit
Facebook's Data Policy available
here.
(e) Your web browser can also
be configured to reject cookies. If you set up your web browser to reject
cookies certain functions of the Website may become unavailable to you.
8. Direct marketing communications
From time to time we may send you direct marketing communications
regarding our product solutions and services. We may contact you by
electronic messages (e.g. email), online (e.g. through our Service), by
mail and by other means, unless you opt-out or we are subject to legal
restrictions from doing so. You may opt-out of receiving electronic
messages from us at any time by contacting us via the contact details at
the bottom of this Privacy Policy or by using the opt-out mechanism
included in our marketing messages.
9. How long do we retain your personal information?
We will retain your personal information for the period necessary to
fulfill the purposes outlined in this Privacy Policy and in each case in
accordance with applicable legal and regulatory requirements in respect
of permitted or required retention periods and limitation periods
relevant to legal action.
10. How do we secure your personal information?
(a) We have put in place
appropriate security measures to prevent your personal information from
being accidentally lost, used or accessed in an unauthorized way,
altered or disclosed.
(b) In addition, we limit
access to your personal information to employees, agents, contractors and
other third parties who have a business need for access. They will only
process your personal information on our instructions and they are
subject to a duty of confidentiality.
(c) While we strive to use
commercially acceptable means to protect your Personal Information, we
cannot guarantee its absolute security. Therefore we have put in place
procedures to deal with any suspected personal information breach and
will notify you and any applicable regulator of a breach where we are
legally required to do so.
11. Links to other sites
(a) From time to time, our
Service (including this Privacy Policy) may contain links interfacing
with other websites that are not operated by us for your information or
convenience. This includes Opinari profiles which are populated by the
user who built the profile.
(b) These websites operate
independently from our service and may be subject to alternative terms of
use, including terms concerning the use of personal information. We have
not reviewed these third party websites and do not control and are not
responsible for how they are operated, their content or privacy policies.
(c) If you decide to access
or interact with any of these third party websites, you do so at your
own risk. As such, we strongly encourage you to review the privacy policy
of every website you visit.
12. What are your rights in relation to personal information?
(a) Access and correction
of personal information:
-
We take reasonable steps to ensure that the personal information we
handle is accurate, complete and up-to-date. If you become aware of
any errors in your personal information or, if you change your
personal information, please let us know.
-
You can request access to any personal information we hold about you
at any time. From time to time, we may need to reject your request to
access personal information we hold about you, if we believe it to be
necessary and to the extent allowed by law. To request access to any
personal information that we may hold about you, please contact us
using the contact details at the bottom of this Privacy Policy.
Depending on your request and where permitted by law, we may charge a
small fee for complying with your request.
-
You may also request us to amend any personal information we hold
about you which you believe to be inaccurate, incomplete or out of
date. To request an amendment to any personal information that we hold
about you, please contact us using the contact details at the bottom
of this Privacy Policy. If we do not agree to amend your personal
information, you may request that we make a note of your requested
correction with the information we hold about you.
-
If we are unable to, or if we are unwilling to provide you with access
to any of your personal information, or to correct any of your personal
information, we will provide you with our reasons to the extent
required by applicable law.
-
You may also contact us if you wish to obtain further information
regarding our privacy practices and the way we handle your personal
information.
(b) Other rights:
Subject to certain limitations and restrictions (e.g. depending on
circumstances such as where you reside) you may have the right to
exercise additional rights in relation to your personal information. This
may include the rights under the General Data Protection Regulation (the
“GDPR”). Accordingly, the following rights might be available to you
depending on your location and except as limited under applicable law.
These may include the right to:
-
Access, update or to delete the information we have on you:
Whenever made possible, you can access, update or request deletion of
your personal information directly within your account settings section.
If you are unable to perform these actions yourself, please contact us
for assistance using the contact details at the bottom of this Privacy
Policy.
-
The right of rectification:
You have the right to have your information rectified if that
information is inaccurate or incomplete.
-
The right to object: You
have the right to object to our processing of your personal
information.
-
The right of restriction:
You have the right to request that we temporarily or permanently
restrict the processing of your personal information.
-
The right to data portability:You have the right to be provided with a copy of the information we
have on you in a structured, machine-readable and commonly used format.
-
The right not to be subject to automated decision making:
You have the right to not be subject to a decision based solely on
automated decision making, including profiling, where the decision would
have a legal effect or produce a significant effect on you.
-
The right to withdraw consent:
You also have the right to withdraw your consent at any time where we
relied on your consent to process your personal information.
(c) Please note that in order
to verify your request or the applicability of any of these rights to
your circumstances, we may ask you for further information and to verify
your identity before responding to such requests.
(d) If you have any
questions about these privacy rights, or how to exercise them, please
contact us using the contact details at the bottom of this Privacy Policy.
You may also have the right to complain to your local data protection
authority about our collection and use of your personal information.
13. Complaints
(a) We take your privacy
concerns seriously. If you have a complaint regarding our handling of your
personal information or concerning our privacy practices, you may file a
complaint with us using the contact details set out at the bottom of this
Privacy Policy. We will confirm receipt of your complaint and, if we
believe necessary, we will open an investigation into your complaint.
(b) We may need to contact
you to request further details of your complaint. If an investigation has
been opened following a complaint made by you, then we will contact you
with the result of that complaint as soon as possible. In the unlikely
circumstances we are unable to resolve your complaint to your
satisfaction, you may contact the local privacy and data protection
authorities in your jurisdiction.
14. Changes to This Privacy Policy
We may update our Privacy Policy from time to time and it is therefore
important you review it regularly. We will notify you of any changes by
posting the new Privacy Policy on the Service. We will let you know via
email and/or a prominent notice on our Service prior to the change
becoming effective and update the “effective date” at the top of this
Privacy Policy. Changes to this Privacy Policy are effective when they
are posted on this page unless otherwise set out in the email and/or
prominent notice.
15. Contact Us
If you have any questions about this Privacy Policy, our privacy
practices or if you would like to make a request about any personal
information we may hold about you, including correction of personal
information, please contact us: