Common use of Survey Data Clause in Contracts

Survey Data. 6.1 As the Customer uses the Software and the Services, it will submit information and data to Snap Surveys, and individuals including Authorised Users and Respondents will use the Software and the Services to submit information and data to the Customer. All such information and data input by the Customer, Authorised Users, Respondents or any party on their behalf in the course of using the Software and Services, other than Account Data and Technical Data, is referred to as “Survey Data” in this Agreement. 6.2 As between the parties, all rights, title and interest in and to the Survey Data shall be owned by the Customer. The Customer is responsible for the Survey Data and its legality, reliability, integrity, accuracy and quality, and the Customer must ensure that it has all rights and permissions required to use the Survey Data in connection with the Software and the Services and the Agreement. 6.3 The Survey Data may from time to time include Personal Data. The Customer and Snap Surveys acknowledge and agree that, for the purposes of the Data Protection Laws, the Customer is the Data Controller and Snap Surveys is the Customer’s Data Processor in relation to such Survey Data. 6.4 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. The Customer is responsible for ensuring that the information in Schedule 1 is accurate and up to date and for notifying Snap Surveys of any additions or amendments required to it and Snap Surveys shall promptly amend the Schedule on the Customer’s request. 6.5 Snap Surveys shall process the Survey Data only on the Customer’s documented instructions (which, in the context of providing the Software and the Services, shall mean all actions that (1) are reasonably necessary to enable Snap Surveys to provide the Software and the Services (including to prevent or address service, support, security or technical problems) and (2) the Customer takes while using the Software or Services) unless Snap Surveys is required to do so by applicable laws. If this happens Snap Surveys will, to the extent permitted by the relevant applicable law, inform the Customer of the legal requirement before processing the Survey Data. 6.6 The Survey Data will be hosted on the Servers. The Customer acknowledges that Snap Surveys may transfer the Survey Data outside of the Permitted Region to its Subprocessors where the Subprocessor (i) is located in a country that the European Commission has decided provides adequate protection for Personal Data, (ii) is certified under the EU.-U.S. Privacy Shield Framework, (iii) has executed the Model Clauses or (iv) has in place an alternative mechanism that complies with the Data Protection Laws for the transfer of Personal Data outside of the Permitted Region. 6.7 Other than as described above, Snap Surveys will not transfer the Survey Data outside of the Permitted Region other than in accordance with the Customer’s instructions (for example when the Customer instructs Snap Surveys to transfer Survey Data to the Customer and the Customer is located outside of the Permitted Region). The Customer is responsible for ensuring that any such transfer or onward transfer directed by it complies with the relevant Data Protection Laws. 6.8 Snap Surveys shall ensure that all persons that are authorised to process the Survey Data are subject to appropriate obligations of confidentiality in relation to the Survey Data. 6.9 Snap Surveys shall implement appropriate technical and organisational 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, unauthorised disclosure of, or access to personal data transmitted, stored or otherwise processed. 6.10 The technical and organisational measures described in clause 6.9 include the Security Measures. The Customer agrees that Snap Surveys’ compliance with these Security Measures (including as revised in accordance with clause 6.12) shall meet its obligations under this Agreement and the Data Protection Laws to ensure an appropriate level of security in relation to the Survey Data. 6.11 Snap Surveys does not have knowledge of the content of the Survey Data (including its quantity, value or use) other than as contained in the descriptions in Schedule 1. The Customer is responsible for assessing: (a) whether the Security Measures are of themselves sufficient to ensure a level of security appropriate to the risks inherent in the processing of the Survey Data given the nature of the Customer’s particular Survey Data and the purposes for which it is collected and processed; and (b) the need for the Customer to implement any additional security measures in relation to the Survey Data over and above the Security Measures to further mitigate such risks. For example, Snap Surveys strongly recommends that the Customer downloads its Survey Data to its own systems at regular intervals as described in clause 6.24. 6.12 Owing to the nature of the Services, the Security Measures are under continual review, and may change without notice, for example as standards change or new risks are identified. Snap Surveys will make the latest version of the Security Measures available on the Website. The Customer is responsible for ensuring that any revisions to the Security Measures continue to meet its requirements. 6.13 The Customer acknowledges and agrees that the Survey Data and the Results will be transmitted over the internet, which by its nature is, even when encrypted, never completely secure. 6.14 The Customer acknowledges and consents to Snap Surveys storing, backing-up, hosting, and archiving the Survey Data with, and disclosing the Survey Data to, its Affiliates or the Hosting Provider under this Agreement, and that Snap Surveys’ Affiliates and the Hosting Provider shall be Subprocessors under this Agreement. 6.15 Where Snap Surveys intends to engage a new Subprocessor, or replace an existing Subprocessor in connection with the processing of the Survey Data, Snap Surveys will provide the Customer with notice of the new Subprocessor and with any additional information that the Customer may reasonably request regarding that Subprocessor. If, within 15 days of receipt of that notice, the Customer notifies Snap Surveys in writing of any objections (on reasonable grounds) to the new Subprocessor, Snap Surveys will use reasonable efforts to recommend a change in the Customer’s configuration or use of the affected Software or Services which avoids the use of that proposed Subprocessor. Where Snap Surveys is unable to suggest such a change within 30 days, the Customer may terminate the Agreement to the extent that it relates to the affected Software or Service. 6.16 Snap Surveys has entered into or (as the case may be) will enter into written agreements with each Subprocessor incorporating data processing provisions which are substantially similar to those contained in this clause 6, in particular by implementing and maintaining appropriate technical and organisational measures to protect the Survey Data. Snap Surveys shall remain liable for all acts and omissions of its Subprocessors. 6.17 The Customer may choose to connect to or enable Third Party Services in conjunction with the Software or Services. The Customer’s use of any such Third Party Service is governed solely by the terms and conditions and privacy policies of that Third Party Service and is at the Customer’s sole risk. Snap Surveys makes no representations regarding, and is not responsible or liable for, any aspect of the Third Party Services including the manner in which they may handle Survey Data. If the Customer enables any such Third Party Service it expressly permits Snap Surveys to (i) access and store any Personal Data that the Third Party Service makes available to Snap Surveys and (ii) disclose or allow access to any relevant login information and Survey Data to the Third Party Service as is necessary to enable the Customer to use the Third Party Service. Such disclosures are made by Snap Surveys acting on the Customer’s instructions. Under no circumstances shall the Third Party Service Provider be deemed to be a Subprocessor of Snap Surveys. 6.18 Snap Surveys will implement appropriate technical and organisational measures, insofar as this is possible, to assist the Customer to fulfil its obligations to respond to requests from Data Subjects who exercise their rights under the Data Protection Laws. The Customer shall meet Snap Surveys’ reasonable costs in providing such assistance.

Survey Data. 6.1 As the Customer uses the Software and the Services, it will submit information and data to Snap Surveys, and individuals including Authorised Users and Respondents will use the Software and the Services to submit information and data to the Customer. All such information and data input by the Customer, Authorised Users, Respondents or any party on their behalf in the course of using the Software and Services, other than Account Data and Technical Data, is referred to as “Survey Data” in this Agreement. 6.2 As between the parties, all rights, title and interest in and to the Survey Data shall be owned by the Customer. The Customer is responsible for the Survey Data and its legality, reliability, integrity, accuracy and quality, and the Customer must ensure that it has all rights and permissions required to use the Survey Data in connection with the Software and the Services and the Agreement. 6.3 The Survey Data may from time to time include Personal Data. The Customer and Snap Surveys acknowledge and agree that, for the purposes of the Data Protection Laws, the Customer is the Data Controller and Snap Surveys is the Customer’s Data Processor in relation to such Survey Data. 6.4 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. The Customer is responsible for ensuring that the information in Schedule 1 is accurate and up to date and for notifying Snap Surveys of any additions or amendments required to it and Snap Surveys shall promptly amend the Schedule on the Customer’s request. 6.5 Snap Surveys shall process the Survey Data only on the Customer’s documented instructions (which, in the context of providing the Software and the Services, shall mean all actions that (1) are reasonably necessary to enable Snap Surveys to provide the Software and the Services (including to prevent or address service, support, security or technical problems) and (2) the Customer takes while using the Software or Services) unless Snap Surveys is required to do so by applicable laws. If this happens Snap Surveys will, to the extent permitted by the relevant applicable law, inform the Customer of the legal requirement before processing the Survey Data.Snap 6.6 The Survey Data will be hosted on the Servers. The Customer acknowledges that Snap Surveys may transfer the Survey Data outside of the Permitted Region to its Subprocessors where the Subprocessor (i) is located in a country that the European Commission has decided provides adequate protection for Personal Data, (ii) is certified under the EU.-U.S. Privacy Shield Framework, (iii) has executed the Model Clauses or (iviii) has in place an alternative mechanism that complies with the Data Protection Laws for the transfer of Personal Data outside of the Permitted Region. 6.7 Other than as described above, Snap Surveys will not transfer the Survey Data outside of the Permitted Region other than in accordance with the Customer’s instructions (for example when the Customer instructs Snap Surveys to transfer Survey Data to the Customer and the Customer is located outside of the Permitted Region). The Customer is responsible for ensuring that any such transfer or onward transfer directed by it complies with the relevant Data Protection Laws. 6.8 Snap Surveys shall ensure that all persons that are authorised to process the Survey Data are subject to appropriate obligations of confidentiality in relation to the Survey Data. 6.9 Snap Surveys shall implement appropriate technical and organisational 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, unauthorised disclosure of, or access to personal data transmitted, stored or otherwise processed. 6.10 The technical and organisational measures described in clause 6.9 include the Security Measures. The Customer agrees that Snap Surveys’ compliance with these Security Measures (including as revised in accordance with clause 6.12) shall meet its obligations under this Agreement and the Data Protection Laws to ensure an appropriate level of security in relation to the Survey Data. 6.11 Snap Surveys does not have knowledge of the content of the Survey Data (including its quantity, value or use) other than as contained in the descriptions in Schedule 1. The Customer is responsible for assessing: (a) whether the Security Measures are of themselves sufficient to ensure a level of security appropriate to the risks inherent in the processing of the Survey Data given the nature of the Customer’s particular Survey Data and the purposes for which it is collected and processed; and (b) the need for the Customer to implement any additional security measures in relation to the Survey Data over and above the Security Measures to further mitigate such risks. For example, Snap Surveys strongly recommends that the Customer downloads its Survey Data to its own systems at regular intervals as described in clause 6.24. 6.12 Owing to the nature of the Services, the Security Measures are under continual review, and may change without notice, for example as standards change or new risks are identified. Snap Surveys will make the latest version of the Security Measures available on the Website. The Customer is responsible for ensuring that any revisions to the Security Measures continue to meet its requirements. 6.13 The Customer acknowledges and agrees that the Survey Data and the Results will be transmitted over the internet, which by its nature is, even when encrypted, never completely secure. 6.14 The Customer acknowledges and consents to Snap Surveys storing, backing-up, hosting, and archiving the Survey Data with, and disclosing the Survey Data to, its Affiliates or the Hosting Provider under this Agreement, and that Snap Surveys’ Affiliates and the Hosting Provider shall be Subprocessors under this Agreement. 6.15 Where Snap Surveys intends to engage a new Subprocessor, or replace an existing Subprocessor in connection with the processing of the Survey Data, Snap Surveys will provide the Customer with notice of the new Subprocessor and with any additional information that the Customer may reasonably request regarding that Subprocessor. If, within 15 days of receipt of that notice, the Customer notifies Snap Surveys in writing of any objections (on reasonable grounds) to the new Subprocessor, Snap Surveys will use reasonable efforts to recommend a change in the Customer’s configuration or use of the affected Software or Services which avoids the use of that proposed Subprocessor. Where Snap Surveys is unable to suggest such a change within 30 days, the Customer may terminate the Agreement to the extent that it relates to the affected Software or Service. 6.16 Snap Surveys has entered into or (as the case may be) will enter into written agreements with each Subprocessor incorporating data processing provisions which are substantially similar to those contained in this clause 6, in particular by implementing and maintaining appropriate technical and organisational measures to protect the Survey Data. Snap Surveys shall remain liable for all acts and omissions of its Subprocessors. 6.17 The Customer may choose to connect to or enable Third Party Services in conjunction with the Software or Services. The Customer’s use of any such Third Party Service is governed solely by the terms and conditions and privacy policies of that Third Party Service and is at the Customer’s sole risk. Snap Surveys makes no representations regarding, and is not responsible or liable for, any aspect of the Third Party Services including the manner in which they may handle Survey Data. If the Customer enables any such Third Party Service it expressly permits Snap Surveys to to (i) access and store any Personal Data that the Third Party Service makes available to Snap Surveys and (ii) disclose or allow access to any relevant login information and Survey Data to the Third Party Service as is necessary to enable the Customer to use the Third Party Service. Such disclosures are made by Snap Surveys acting on the Customer’s instructions. Under no circumstances shall the Third Party Service Provider be deemed to be a Subprocessor of Snap Surveys. 6.18 Snap Surveys will implement appropriate technical and organisational measures, insofar as this is possible, to assist the Customer to fulfil its obligations to respond to requests from Data Subjects who exercise their rights under the Data Protection Laws. The Customer shall meet Snap Surveys’ reasonable costs in providing such assistance.

Survey Data. 6.1 As the Customer uses the Software and the Services, it will submit information and data to Snap Surveys, and individuals including Authorised Users and Respondents will use the Software and the Services to submit information and data to the Customer. All such information and data input by the Customer, Authorised Users, Respondents or any party on their behalf in the course of using the Software and Services, other than Account Data and Technical Data, is referred to as “Survey Data” in this Agreement. 6.2 As between the parties, all rights, title and interest in and to the Survey Data shall be owned by the Customer. The Customer is responsible for the Survey Data and its legality, reliability, integrity, accuracy and quality, and the Customer must ensure that it has all rights and permissions required to use the Survey Data in connection with the Software and the Services and the Agreement. 6.3 The Survey Data may from time to time include Personal Data. The Customer and Snap Surveys acknowledge and agree that, for the purposes of the Data Protection Laws, the Customer is the Data Controller and Snap Surveys is the Customer’s Data Processor in relation to such Survey Data. 6.4 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. The Customer is responsible for ensuring that the information in Schedule 1 is accurate and up to date and for notifying Snap Surveys of any additions or amendments required to it and Snap Surveys shall promptly amend the Schedule on the Customer’s request.up 6.5 Snap Surveys shall process the Survey Data only on the Customer’s documented instructions (which, in the context of providing the Software and the Services, shall mean all actions that (1) are reasonably necessary to enable Snap Surveys to provide the Software and the Services (including to prevent or address service, support, security or technical problems) and (2) the Customer takes while using the Software or Services) unless Snap Surveys is required to do so by applicable laws. If this happens Snap Surveys will, to the extent permitted by the relevant applicable law, inform the Customer of the legal requirement before processing the Survey Data. 6.6 The Survey Data will be hosted on the Servers. The Customer acknowledges that Snap Surveys may transfer the Survey Data outside of the Permitted Region to its Subprocessors where the Subprocessor (i) is located in a country territory which is subject to adequacy regulations under the Data Protection Legislation that the European Commission has decided territory provides adequate protection for Personal Data, (ii) is certified under covered by a suitable framework or other legally adequate transfer mechanism recognised by the EU.-U.S. relevant authorities or courts as providing an adequate level of protection for Personal Data, including the Data Privacy Shield Framework, (iii) has executed the Model appropriate Standard Contractual Clauses or (iv) has in place an alternative mechanism that complies with the Data Protection Laws for the transfer of Personal Data outside of the Permitted Region. 6.7 Other than as described above, Snap Surveys will not transfer the Survey Data outside of the Permitted Region other than in accordance with the Customer’s instructions (for example when the Customer instructs Snap Surveys to transfer Survey Data to the Customer and the Customer is located outside of the Permitted Region). The Customer is responsible for ensuring that any such transfer or onward transfer directed by it complies with the relevant Data Protection Laws. 6.8 Snap Surveys shall ensure that all persons that are authorised to process the Survey Data are subject to appropriate obligations of confidentiality in relation to the Survey Data. 6.9 Snap Surveys shall implement appropriate technical and organisational 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, unauthorised disclosure of, or access to personal data transmitted, stored or otherwise processed. 6.10 The technical and organisational measures described in clause 6.9 include the Security Measures. The Customer agrees that Snap Surveys’ compliance with these Security Measures (including as revised in accordance with clause 6.12) shall meet its obligations under this Agreement and the Data Protection Laws to ensure an appropriate level of security in relation to the Survey Data. 6.11 Snap Surveys does not have knowledge of the content of the Survey Data (including its quantity, value or use) other than as contained in the descriptions in Schedule 1. The Customer is responsible for assessing: (a) whether the Security Measures are of themselves sufficient to ensure a level of security appropriate to the risks inherent in the processing of the Survey Data given the nature of the Customer’s particular Survey Data and the purposes for which it is collected and processed; and (b) the need for the Customer to implement any additional security measures in relation to the Survey Data over and above the Security Measures to further mitigate such risks. For example, Snap Surveys strongly recommends that the Customer downloads its Survey Data to its own systems at regular intervals as described in clause 6.24. 6.12 Owing to the nature of the Services, the Security Measures are under continual review, and may change without notice, for example as standards change or new risks are identified. Snap Surveys will make the latest version of the Security Measures available on the Website. The Customer is responsible for ensuring that any revisions to the Security Measures continue to meet its requirements. 6.13 The Customer acknowledges and agrees that the Survey Data and the Results will be transmitted over the internet, which by its nature is, even when encrypted, never completely secure. 6.14 The Customer acknowledges and consents to Snap Surveys storing, backing-up, hosting, and archiving the Survey Data with, and disclosing the Survey Data to, its Affiliates or the Hosting Provider under this Agreement, and that Snap Surveys’ Affiliates and the Hosting Provider shall be Subprocessors under this Agreement. 6.15 Where Snap Surveys intends to engage a new Subprocessor, or replace an existing Subprocessor in connection with the processing of the Survey Data, Snap Surveys will provide the Customer with notice of the new Subprocessor and with any additional information that the Customer may reasonably request regarding that Subprocessor. If, within 15 days of receipt of that notice, the Customer notifies Snap Surveys in writing of any objections (on reasonable grounds) to the new Subprocessor, Snap Surveys will use reasonable efforts to recommend a change in the Customer’s configuration or use of the affected Software or Services which avoids the use of that proposed Subprocessor. Where Snap Surveys is unable to suggest such a change within 30 days, the Customer may terminate the Agreement to the extent that it relates to the affected Software or Service. 6.16 Snap Surveys has entered into or (as the case may be) will enter into written agreements with each Subprocessor incorporating data processing provisions which are substantially similar to those contained in this clause 6, in particular by implementing and maintaining appropriate technical and organisational measures to protect the Survey Data. Snap Surveys shall remain liable for all acts and omissions of its Subprocessors. 6.17 The Customer may choose to connect to or enable Third Party Services in conjunction with the Software or Services. The Customer’s use of any such Third Party Service is governed solely by the terms and conditions and privacy policies of that Third Party Service and is at the Customer’s sole risk. Snap Surveys makes no representations regarding, and is not responsible or liable for, any aspect of the Third Party Services including the manner in which they may handle Survey Data. If the Customer enables any such Third Party Service it expressly permits Snap Surveys to to (i) access and store any Personal Data that the Third Party Service makes available to Snap Surveys and (ii) disclose or allow access to any relevant login information and Survey Data to the Third Party Service as is necessary to enable the Customer to use the Third Party Service. Such disclosures are made by Snap Surveys acting on the Customer’s instructions. Under no circumstances shall the Third Party Service Provider be deemed to be a Subprocessor of Snap Surveys. 6.18 Snap Surveys will implement appropriate technical and organisational measures, insofar as this is possible, to assist the Customer to fulfil its obligations to respond to requests from Data Subjects who exercise their rights under the Data Protection Laws. The Customer shall meet Snap Surveys’ reasonable costs in providing such assistance.