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Terms Of Use

Acceptance of terms

The services that SmartSurvey Ltd. may provide to you are subject to the following terms of use. SmartSurvey reserves the right to update the terms of use at any time without notice to you. The most current version of these terms of use can be reviewed by clicking on the "Terms of Use" hypertext link located at the bottom of our web pages.

Billing

We request information from the user on our order form. A user must provide contact information (such as name, email, and shipping address) and financial information (such as credit card number, expiration date). This information is used for billing purposes and to fill customers' orders. If we have trouble processing an order, the information is used to contact the user. SmartSurvey Ltd. reserves the right to decline or rescind any order. Non-acceptance of orders may result from our inability to obtain authorisation for your payment, the identification of a pricing or product description error, or your failure to comply with the Terms and Conditions.

Cookies

We store information that we collect through cookies and log files, to create a profile of our users and to enhance and better the service that we provide to all of our users. A cookie is a piece of data stored on the user's computer tied to information about the user. Usage of a cookie is in no way linked to any personally identifiable information while on our site. We use both session ID cookies and persistent cookies. For the session ID cookie, once users close the browser, the cookie simply terminates. A persistent cookie is a small text file stored on the user's hard drive for an extended period of time. Persistent cookies can be removed by following Internet browser help file directions. With session cookies we are able to ensure that only people who have entered in correct login details are able to use password-protected areas, and only areas that they are authorised to use. Persistent cookies enable us to track and target the interests of our users to enhance the experience on our site. We never share any of your information with other third parties. This privacy statement covers the use of cookies by SmartSurvey only and does not cover the use of cookies by any advertisers.

Log files

Like most standard website servers we keep and analyse log files. This includes internet protocol (IP) addresses, browser type, internet service provider (ISP), referring/exit pages, platform type, date/time stamp, and number of clicks to analyse trends, administer the site, track user's movement in the aggregate, and gather broad demographic information for aggregate use. IP addresses, etc. are not linked to personally identifiable information.

Communication from the site

We send all new members a welcoming email to verify password and username. Established members may occasionally receive information on improvements to our service, general service announcements, and a newsletter. Out of respect for the privacy of our users we present the option to not receive these types of communications. Please see the Choice and Opt-out sections. On rare occasions it is necessary to send out a strictly service related announcement. For instance, if our service is temporarily suspended for maintenance we might send users an email. Generally, users may not opt-out of these communications; however, these communications are not promotional in nature. We communicate with users on a regular basis to provide requested services and in regards to issues relating to their account we reply via email or phone, in accordance with the user’s wishes.

Legal disclaimer

Though we make every effort to preserve user privacy, we may need to disclose personal information when required by law wherein we have a good-faith belief that such action is necessary to comply with a current judicial proceeding, a court order or legal process served on our website.

Third-party intermediaries

We use an outside credit card processing company to bill users for services. These companies do not retain, share, store or use personally identifiable information for any secondary purposes.

Business transactions

In the event that SmartSurvey goes through a business transition, such as a merger, being acquired by another company, or selling a portion of its assets, users' personal information may be part of the assets transferred. Users will be notified via email and a prominent notice on our website for 30 days prior to a change of ownership or control of their personal information. If as a result of the business transition, the users' personally identifiable information will be used in a manner different from that stated at the time of collection they will be given choice consistent with our notification of changes section.

Links

This website contains links to other sites. Please be aware that we, SmartSurvey, are not responsible for the privacy practices of such other site. We encourage our users to be aware when they leave our site and to read the privacy statements of each and every website that collects personally identifiable information. This privacy statement applies solely to information collected by this website.

Security

This website takes every precaution to protect our users' information. When users submit sensitive information via the website, their information is protected both online and off-line. When our registration/order forms ask users to enter sensitive information (such as credit card number and/or social security number), that information is encrypted and is protected with the best encryption software in the industry - SSL. While on a secure page, such as our registration or payment form, the lock icon displayed on your web browser becomes locked, as opposed to un-locked (or open) when users are just 'surfing'. While we use SSL encryption to protect sensitive information online, we also do everything in our power to protect user information offline. All of our users' information, not just the sensitive information mentioned above, is restricted in our offices. Only employees who need the information to perform a specific job are granted access to personally identifiable information. Furthermore, ALL employees are kept up-to-date on our security and privacy practices. Every quarter, as well as any time new policies are added, our employees are notified and/or reminded about the importance we place on privacy, and what they can do to ensure our users' information is protected. Finally, the servers that store personally identifiable information are in a secure environment, in a locked facility. If users have any questions about the security at our website, users can send an email to security@smartsurvey.co.uk

Suspension and termination

We may suspend or close your SmartSurvey Account at any time in our absolute discretion if:
(a) your use of the SmartSurvey Tool is considered SPAM, abusive, excessive, or against the interests of other subscribers;
(b) your use of the SmartSurvey Tool is considered in breach of these Terms or
(c) a competent regulatory authority requires the SmartSurvey Tool to be closed.

Cancellation and refunds

You may cancel your subscription at any time using the 'Downgrade Account' function within your dashboard, as long as you cancel your subscription within 7 (seven) days of when you first subscribed to the Professional, Business or Enterprise Plans. Such refunds are not authorised if your account has been used to export any reports or for the release of parked responses. In order to receive the refund you must contact us after your cancellation request (within 7 days of your first registration). Any notice given by you after this period shall not be effective to entitle you to receive a refund. We will refund such sums by crediting your credit/debit card (as applicable). 

Please note, all our subscriptions are based on a recurring billing basis, so if you wish not to be charged again then you must cancel your subscription at least 1 day before the next payment is due, this is always the same day every month/year, depending on the length of subscription you signup to. So if you pay on the 16th of the month then the next payment will be on the 16th of the following month or following year if you purchase a 12 month subscription. We cannot offer refunds if you forget to cancel your account before the next payment is due, nor if you decide you no longer need it. You will be expected to see the remainder of your subscription period before you can cancel your ongoing subscription.

To cancel your subscription please login to your account and click 'Downgrade Account', this will stop any further charges.

Correcting / updating / deleting / deactivating / personal information

If a user's personally identifiable information changes (such as postcode, phone, email or postal address), or if a user no longer desires our service, we provide a way to correct, update or delete/deactivate users' personally identifiable information. This can usually be done at the administration section behind the password-protected area of the website or by emailing our Customer Support at support@smartsurvey.co.uk.

Conduct and responsibilities

We expect our users to exercise good manners and consideration when using SmartSurvey. You are solely responsible for all content you publish on the site. SmartSurvey accepts no responsibility for any consequences incurred by the use of the site, or for any of the content added by its users.

While we are not responsible for the content published by users of SmartSurvey, we reserve the right to delete, move, or edit content that we determine violates the following guidelines:

You are not allowed to distribute, upload or publish anything that is considered SPAM, defamatory, libellous, pornographic, obscene or abusive, promotes hatred, violence or illegal conduct or that otherwise violates any law or the rights of another in any jurisdiction. If we believe this is the case then we have the right to close your account and not offer any refunds whatsoever.

We do not accept any responsibility for arrangements made between the parties concerned and cannot act as an intermediary. While we take precautions over those registering with us, these are very limited and we cannot vouch for the veracity or integrity of users on this Site. We reserve the right to terminate the account and access to SmartSurvey of any user who has broken any of the terms of this agreement.

Notification of changes

If we decide to change our privacy policy, we will post those changes to this privacy statement, the homepage, and other places we deem appropriate so our users are always aware of what information we collect, how we use it, and under what circumstances, if any, we disclose it. We will use information in accordance with the privacy policy under which the information was collected. If, however, we are going to use users' personally identifiable information in a manner different from that stated at the time of collection we will notify users via email. Users will have a choice as to whether or not we use their information in this different manner. However, if users have opted out of all communication with the site, or deleted/deactivated their account, then they will not be contacted, nor will their personal information be used in this new manner. In addition, if we make any material changes in our privacy practices that do not affect user information already stored in our database, we will post a prominent notice on our website notifying users of the change. In some cases where we post a notice we will also email users, who have opted to receive communications from us, notifying them of the changes in our privacy practices.

Limitation of liability

The information on this website is provided in good faith but is provided “as is” and to the maximum extent permitted by law is provided without warranty of any kind. The user expressly agrees that SmartSurvey shall not be liable for any consequences arising as a result of any act, event, omission or accident beyond the reasonable control of SmartSurvey Ltd. (including without limitation, strikes, lock-outs or other industrial disputes, act of God, war, riot, civil commotion, failure of any telecommunications, failure of the internet, compliance with any law or governmental order, rule, regulation or direction, accident, breakdown of plant machinery or equipment, fire, flood or storm) and shall not be liable for any consequential losses (including but not limited to loss of savings, loss of profit, loss of use whether complete or partial, loss of contract, loss of production, loss of revenue, business interruption or increased cost of working however caused arising out of or in connection with the performance of the services whether or not foreseeable at the date of such performance).

TO THE MAXIMUM EXTENT PERMITTED BY LAW SMARTSURVEY’S ENITRE LIABILITY TO THE USER SHALL BE LIMITED TO A MAXIMUM OF 110% OF THE CHARGES PAID TO SMARTSURVEY FOR ITS PERFORMANCE OF THE SERVICES IN QUESTION.

Contact Information

If users have any questions or suggestions regarding our privacy policy, please contact us at support@smartsurvey.co.uk