LAST UPDATED: March 5, 2018
PLEASE READ THIS ACCEPTABLE USE POLICY (THE “AUP”) CAREFULLY BEFORE USING ANY SERVICES AVAILABLE AT GETFEEDBACK.COM (THE “SITE”). IF YOU DO NOT ACCEPT THIS AUP, DO NOT USE THE SERVICES. YOU MAY NOT USE THE SERVICES IF YOU ARE OUR COMPETITOR.
By using the Services, You agree that the provision and receipt of Services are expressly conditioned on the acceptance of the terms in this AUP. If You enter into this AUP or use the Services on behalf of an entity, You represent and warrant that You have the authority to accept this AUP on the entity's behalf.
In order to use the Services, You must:
be at least eighteen (18) years old;
complete the registration process;
agree to this AUP; and
provide true, complete, and up to date contact information to Company.
By using the Services, You represent and warrant that You meet all the requirements listed above. Company may refuse to provide You with the Services, suspend or close Your account, and change eligibility requirements at any time in accordance with the terms of this Agreement. If You have any questions, please email firstname.lastname@example.org
In addition to terms defined elsewhere in this AUP, the definitions below will apply to capitalized words in this AUP. Capitalized words in this AUP that are not otherwise defined herein shall have the meaning ascribed in the Agreement.
“Cookie Notice” means the Company’s Cookie Notice located at getfeedback.com/cookie-notice , as updated from time to time.
“Data Subject” means any identified or identifiable natural person: 1) whose information is stored, transmitted, or otherwise ‘processed’ (as defined by the GDPR) via the Services by Customer; and/or 2) to whom Customer sends, transmits, or otherwise engages with via the Services.
“Law(s)” means any and all applicable laws, regulations, statutes, rules, orders and other requirements of any international, federal, state or local governmental authority, including where applicable, the Regulation 2016/679 of the European Parliament and of the Council on the protection of natural persons with regard to the processing of Personal Data and on the free movement of such data (the, “General Data Protection Regulation” or “GDPR” ) Where relevant to the Customer’s or User’s obligations, when assessing “applicability”, Customer and User shall take into account the Governing Law in in the Agreement and the Laws relating to both the jurisdiction where User is using the Services and the jurisdiction where the Data Subject resides.
“Malicious Code” means harmful or malicious code, files, scripts, agents, programs, or the like designed or intended to have, or capable of performing or facilitating, any of the following functions: disrupting, disabling, harming, corrupting, or otherwise impeding in any manner the operation of, or providing unauthorized access to, a computer system, database, or network (or other device on which such code is stored or installed), including but not limited to viruses, worms, time bombs, and Trojan horses.
“Privacy Notice” means the Company’s Privacy Notice located at getfeedback.com/privacy , as updated from time to time.
"User" means any person, other than Company employees or agents engaged in providing support or implementation services to Customer, accessing and/or using the Services through Customer’s Account.
Customer agrees to, and where applicable, shall ensure that Users agree to
The Services may be accessed by no more than the specified number of Users allotted to Customer’s Ordering Document (unless Customer is allotted unlimited Users). User licenses cannot be shared or used by more than one User; provided, however, User licenses may be reassigned to replace former Users who no longer require ongoing use of the Services.
Except where the following restrictions are prohibited by Law, Customer shall not, and shall not permit any Users or third parties to, directly or indirectly:
Intellectual Property Restrictions. Customer shall not (and shall not permit any third party to):
Customer Content. Customer acknowledges and agrees that Customer is responsible for the nature and content of all of the Customer Content, including but not limited to, for the accuracy, quality, integrity and legality of the Customer Content and of the means by which Customer and its Users acquire Customer Content. Except where the following restrictions are prohibited by Law, Customer shall not, and shall not permit any Users or third parties to, directly or indirectly, use the Services to process, store transmit, link to, display, or solicit content:
Sensitive PII. Customer understands and acknowledges that the Services are not configured to process, receive, and/or store: 1) personal health information (“PHI”), as that term is defined under the Health Insurance Portability and Accountability Act (“HIPAA”); 2) "nonpublic personal information" as defined under the Gramm-Leach-Bliley Financial Modernization Act of 1999 (“GLBA”); 3) data on any minor under the age of thirteen that would be subject to the Children Online Privacy Protection Act (“COPPA”); 4) card holder data under the Payment Card Industry Data Security Standard; 5) personal data revealing racial or ethnic origin, political opinions, religious or philosophical beliefs, or trade union membership, and the processing of genetic data, biometric data for the purpose of uniquely identifying a natural person, data concerning health or data concerning a natural person’s sex life or sexual orientation (the “special categories of personal data” identified in Article 9 of GDPR); or 6) social security numbers, driver’s license or state identification number or other government related identifier, financial account numbers (i.e., credit card, checking account, savings account, etc.), medical, employment, criminal records, or insurance numbers, passport numbers, or other highly sensitive personally identifiable information, (collectively, “Sensitive PII”). As such, Customer agrees not to, and not to permit Users to, transmit, request, provide Company with access to, submit, store, or include any Sensitive PII through the Services. Customer agrees that Company may terminate this Agreement immediately, without refund, if Customer is found to be in violation of this clause.
Monitoring. Company reserves the right to inspect and monitor Customer’s Account and Customer Content at any time, without notice, to ensure compliance with the terms of this AUP. In connection with the foregoing, Customer agrees to promptly provide records and/or other information requested by Company. Company reserves the right to limit Customer’s access to Customer’s Account at any time if Company believes, in its sole discretion, that Customer or its Users have violated or may violate any terms set forth in this AUP.
Disclosure. Company shall have the right to disclose communications between (i) Customer and (ii) its email recipients and other users of its services to the extent required by law, including without limitation as required by legal process or court order. Company shall have no obligation to notify Customer of requests for such disclosures except as otherwise required by this AUP or the Agreement.
Right to Remove, Suspend, Terminate. Company may, in its sole discretion, remove any Customer Content, suspend, or terminate Customer’s use of the Services for any actual or alleged breach of this AUP at any time. For clarity, removal, suspension, or termination pursuant to this clause will not terminate Customer’s obligation to pay fees owed to Company.
SMS Service Limitations and Obligations. Customer understands and agrees that SMS Services are only available for use in the United States and dependent on Salesforce functionality and in connection with Salesforce-connected surveys. Customer further understands and agrees that: 1) SMS messages sent by Users through the SMS Services appear to a recipient to originate from Company’s “short code”; and 2) when multiple Company customers send an SMS message to the same recipient, the messages may appear on the same message thread. Customer understands and agrees that:
Consent. Customer shall use SMS Services only to send SMS messages to mobile subscribers (“Mobile Subscribers”) that have consented, in accordance with law, to receive such messages and that have not opted out from receipt of such messages. Customer agrees that it will provide verification of consent by any Mobile Subscriber or other party receiving SMS messages via the SMS Services to Company upon Company’s request. If Customer fails to provide verification of consent, Company reserves the right to suspend the SMS Services until Customer provides such verification. If Customer fails to provide verification within thirty days of suspension, Company reserves the right to terminate Customer’s access to the SMS Services without refund. Except for Usage-based Fees, termination pursuant to the foregoing shall not alleviate Customer’s obligation to pay fees for the full Order Term.
Restriction on use of SMS Services. Customer agrees that it may not, and may not encourage or allow any Users to, use the SMS Services in the following prohibited ways:
Customer Content. Customer shall be solely responsible for any content submitted to Company and/or transmitted through the SMS Services and delivered to Mobile Subscribers and will ensure that such Customer Content: 1) is appropriate for the Mobile Subscriber; 2) does not otherwise violate any applicable laws, rules, and regulations; 3) is not subject to any cause of action for defamation or invasion of privacy; and 4) is in compliance with this AUP, and the Agreement. Customer shall obtain and maintain all Intellectual Property Rights necessary to transmit any Customer Content to its Mobile Subscribers. Company assumes no liability for any Customer Content or any SMS messages transmitted by Customer in violation of applicable law.
Company strictly prohibits the sending of any unsolicited commercial email, commonly known as SPAM using Company’s email functionality. Spam, as used herein, is any email sent by a User to an individual from whom Customer does not have the recent (obtained within the last 18 months) and necessary permissions or consents required by applicable Law to contact via email. To the extent that a User uses Company’s email infrastructure to send emails, Customer agrees, and shall ensure that Users agree: