Terms and Conditions
We operate the website voxpopme.com. We are Voxpopme Inc, a Delaware corporation with principal offices located at 4610 S. Ulster Street, Suite 150, Denver, Colorado, 80237.
We conduct market research for a wide range of businesses, including agencies who themselves provide services to their clients (all referred to in these Terms and Conditions as Clients). We carry out that research by inviting individuals who have applied to be registered for our mobile application and have been accepted as potential participants in our market research to submit video responses to our questionnaires (Video Response).
Membership Terms and Conditions
Any reference to a “Member” in these terms and conditions refers to an individual whose application for membership has been accepted by Voxpopme as being someone to whom we may from time to time issue an Invitation.
Intellectual Property Rights
All Video Responses you submit to us are our exclusive property and are “works made for hire” as defined by the U.S. Copyright Act. To the extent any Video Response is not a work made for hire, you hereby irrevocably assign to us all right, title and interest (including all intellectual property rights) in and to that Video Response.
If we consider further documentation necessary to obtain, evidence, effectuate, protect, enforce or confirm our exclusive ownership of a Video Response (including all intellectual property rights therein and thereto) you shall promptly execute any documents and perform any acts as we may reasonably require for that purpose. Solely to further the purposes of foregoing, you hereby irrevocably designate Voxpopme as your agent and attorney-in-fact with full power of substitution to act on your behalf to execute and file any document on which we cannot secure your signature and to perform any other lawful act of which we cannot obtain your performance, with the same legal effect as if executed, filed or performed by you.
The website and our mobile application, and their entire contents, features and functionality (including but not limited to all information, software, text, displays, images, video and audio, and the design, selection and arrangement thereof), are owned by us, our licensors or other providers of such material and are protected by United States and international copyright, trademark, patent, trade secret and other intellectual property or proprietary rights laws.
These Terms and Conditions permit you to use the website and our mobile application for your personal, non-commercial use only. You must not reproduce, distribute, modify, create derivative works of, publicly display, publicly perform, republish, download, store or transmit any of the material on our website or our mobile application, except as follows:
- Your computer may temporarily store copies of such materials in RAM incidental to your accessing and viewing those materials.
- You may store files that are automatically cached by your web browser for display enhancement purposes.
- You may print or download one copy of a reasonable number of pages of the website for your own personal, non-commercial use and not for further reproduction, publication or distribution.
- You may download a single copy of our mobile application (and any other application) to your computer or mobile device solely for your own personal, non-commercial use, on condition that you agree to be bound by our end user license agreement for such application.
You must not:
- Modify the paper or digital copies of any materials you have printed off or downloaded in any way.
- Use any illustrations, photographs, video or audio sequences or any graphics separately from any accompanying text.
- Delete or alter any copyright, trademark or other proprietary rights notices from copies of materials from this site or our mobile application.
You must not access or use for any commercial purposes any part of the website or any services or materials available through the website or our mobile application.
If you wish to make any use of material on the website or our mobile application other than that set out in this section, please address your request to: firstname.lastname@example.org.
If you print off, copy or download any part of our website or our mobile application in breach of these Terms and Conditions, your right to use our website will cease immediately and you must, at our option, return or destroy any copies of the materials you have made.
No right, title or interest in or to the website or any content on the website is transferred to you, and all rights not expressly granted are reserved by us. Any use of the website not expressly permitted by these Terms and Conditions is a breach of these Terms and Conditions and may violate copyright, trademark and other laws.
Failure to maintain confidentiality of any Client information contained in a questionnaire or a Video Response will result in the immediate suspension or termination of your membership. You may not nor attempt to, nor permit, or assist any other person to disclose, use or copy any Client information, including by participating in public forums or consumer discussion boards.
We are not obligated to issue any Invitation, nor are we obligated to accept any Video Response that does not comply with our requirements or is otherwise, in our sole discretion, unacceptable.
Each Invitation we issue to you will be sent to your mobile device. We will also specify the number of Video Responses that we require, the timeframe within which those Video Responses must be submitted and the amount to be credited to your account with us if we accept your Video Response. Any Video Responses received after we have accepted the maximum number required or outside of the specified timeframe will automatically be timed out or otherwise rejected.
Your communication with us must be made through the Voxpopme App or such other means of electronic communication as we may from time to time provide.
You are not obligated to respond to an Invitation. If you do respond, your Video Response must:
- be submitted within the timeframe specified in the Invitation
- respond fully to the questionnaire
- not violate any third party’s intellectual property rights
- not be unlawful, offensive, threatening, libelous, defamatory, obscene or otherwise objectionable (for example, nudity or semi nudity is likely to be considered obscene).
- not be recorded in an inappropriate setting (such as, for example, a toilet)
- be recorded in an appropriate setting
- contain at least 15 seconds of recorded speech
- ensure your face is clearly visible
- ensure there are no audio or visual issues
Use of Communication
By recording and submitting a Video Response, you agree to it being used for the purposes stated on the “usage” button within the question detail screen. You hereby irrevocably authorize and license Voxpopme and its affiliates, successors, and assignees, their respective transferees, subcontractors and licensees, and the employees, officers, directors, members, and agents of any of them (Authorized Persons), to create, reproduce, distribute, create derivative works, publicly perform, publicly display, and otherwise use and permit others to use in any manner, your Video Response and all materials created by or on behalf of us or our Clients that incorporate any of the foregoing on a perpetual, royalty-free basis throughout the world and in all forms, formats, and media (which now or hereafter may exist), for advertising, public relations, publicity and promotion of Voxpopme, its clients and its and their affiliates and their businesses, products and services, including for market research and consumer insight purposes, content in a public setting, including websites and social media pages, monitoring the quality of responses, and processing data for the preceding purposes.
Except as otherwise stated on the “usage” button, by submitting a Video Response, you waive all rights to review or approve our use of the Video Response and agree that we may exploit, edit, and otherwise modify the Video Response, and combine it with materials furnished or created by others, without your further approval. You hereby release us and our Clients from any and all claims and demands arising out of the use of the Video Responses. You also represent and warrant that our use of the Video Response does not, and will not, violate any right of, or conflict with or breach any contract with, any person or entity, and no authorization from any third party is required in connection with our use.
Clients may ask Voxpopme to establish a group that the Client will designate as exclusively entitled to receive its questionnaires (an Exclusive Group). The Client will set the selection criteria for its Exclusive Group. By joining an Exclusive Group you are allowing Clients to issue an invitation for you to answer exclusive questions only available to that Exclusive Group. Your personal details, including your name and e-mail address, may also be shared with the Client.
Reward and Payment
Upon registration as a Member, we will create a membership record for you in which each credit will be recorded for every accepted Video Response; this is referred to as your Account.
All payments are made to your PayPal account. You must therefore have a PayPal account in order to receive any payments from us.
Your entitlement to payment will be triggered each time the credits in your Account with us reach $15. If you have failed to submit sufficient acceptable Video Responses during any 12 month period, and your Account contains less than $15 during that period, those amounts will be removed from your Account.
Nothing in these terms and conditions creates a relationship of employer and employee or of any sort of agency or partnership. Voxpopme is not be responsible for withholding or paying any income, payroll, Social Security or other federal, state or local taxes, making any insurance contributions, including unemployment or disability, or obtaining worker’s compensation insurance on your behalf. You shall be responsible for, and shall indemnify Voxpopme against, all such taxes or contributions, including penalties and interest.
Refer a Friend Program
Voxpopme offers its users the opportunity to earn rewards for inviting friends.
The current referral program offers a reward of $1 to the referrer for each friend who successfully registers for the Voxpopme app and submits a Video Response that meets the Voxpopme approval criteria. The reward is credited to the referrer’s Account upon approval of the friend’s first Video Response.
Friends can be invited via Facebook or from your address book. You are responsible for ensuring any friends carry out their registration to Voxpopme through the initial invite route in order for the referral to be tracked. If they fail to do so, Voxpopme will be unable to credit your Account, and you may not receive your reward.
Our website and the Voxpopme App are not intended for children under 18 years of age. No one under age 18 may provide any information to or on the website or through the Voxpopme App. We do not knowingly collect personal information from children under 18. If you are under 18, do not use or provide any information on this website or through the Voxpopme App or provide any information about yourself to us, including your name, address, telephone number, e-mail address or any screen name or user name you may use. If we learn we have collected or received personal information from a child under 18 without verification of parental consent, we will delete that information. If you believe we might have any information from or about a child under 18, please contact us at email@example.com.
We reserve the right to require evidence of the identity of any person nominated as the parent or guardian of a junior Member prior to making any payment to a Nominated Account.
Disclaimers and Limitation of Liability
Voxpopme will strive to provide a great experience but we cannot make promises for matters which are outside of our control. For example our services (apps and website) may be unavailable from time to time for various reasons. Voxpopme makes no representations and gives no warranty as to the availability or reliability of its products or services. THE COMPANY HEREBY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, STATUTORY OR OTHERWISE, INCLUDING BUT NOT LIMITED TO ANY WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT AND FITNESS FOR PARTICULAR PURPOSE.
TO THE EXTENT LEGALLY PERMISSIBLE, IN NO EVENT WILL VOXPOPME, ITS AFFILIATES OR THEIR LICENSORS, SERVICE PROVIDERS, EMPLOYEES, AGENTS, OFFICERS OR DIRECTORS BE LIABLE FOR DAMAGES OF ANY KIND, UNDER ANY LEGAL THEORY, ARISING OUT OF OR IN CONNECTION WITH YOUR USE, OR INABILITY TO USE, THE WEBSITE, ANY WEBSITES LINKED TO IT, ANY CONTENT ON THE WEBSITE OR SUCH OTHER WEBSITES OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE OR SUCH OTHER WEBSITES, INCLUDING ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO, PERSONAL INJURY, PAIN AND SUFFERING, EMOTIONAL DISTRESS, LOSS OF REVENUE, LOSS OF PROFITS, LOSS OF BUSINESS OR ANTICIPATED SAVINGS, LOSS OF USE, LOSS OF GOODWILL, LOSS OF DATA, AND WHETHER CAUSED BY TORT, BREACH OF CONTRACT OR OTHERWISE, EVEN IF FORESEEABLE.
Changes to Terms and Conditions
We may from time to time make changes to these Terms and Conditions. If these changes amount to a material change, we will notify you via e-mail to the e-mail address you have registered with us. We will act in good faith in determining what amounts to a “material change.” Your continued use of the website following the posting of any changes to these Terms and Conditions means that you accept these changes. These Terms and Conditions are to be construed in accordance with and governed by the laws of the State of Delaware, without giving effect to the State of Delaware’s conflict of laws rules to the extent those rules would require applying another jurisdiction’s laws AND WILL SPECIFICALLY NOT BE GOVERNED BY THE UNITED NATIONS CONVENTIONS ON CONTRACTS FOR THE INTERNATIONAL SALE OF GOODS, IF OTHERWISE APPLICABLE.
Who are we?
The capture and analysis of the video you submit is managed by Voxpopme Limited. Voxpopme Limited (Voxpopme) is a Company registered in the United Kingdom providing consumers with a platform to voice opinions to a range of businesses.
For the purpose of data protection law, including the UK Data Protection Act 2018 (DPA) and the EU General Data Protection Regulation 2016/679 (GDPR), Voxpopme is registered with the Information Commissioner’s Office with notification number ZA004904.
What do we do?
Voxpopme may be engaged by third parties to perform or provide data collection and data processing services in connection with market and opinion research surveys. We do this in a number of ways including engaging with any members who subscribe to our Voxpopme App.
Our commitment to protecting your privacy
When you decide to share your information with us, we feel that it is important to assure you that your information will be safely protected. This statement discloses our information collecting, handling and disclosure practices.
The data we collect about you
In connection with the market and opinion research surveys we perform, we may collect, use, store and transfer personal information. We define personal information (also known as personal data) as any identifiable data relating to a natural person that is directly or indirectly collected, by us or a third party.
We collect personal information from you when you communicate with us by any media or when you register for the Voxpopme App, including:
- Location (city, country)
Optional data will be captured only if when setting up a profile at registration a user is happy to provide. This data includes:
- Number of children
- Relationship status
- Residential status
We do not collect any special category data. Indirectly through a video capture we may be able to deduce (for example) your ethnicity, but the data processing is not for the purposes of specifically identifying you
We process the following types of personal information of, or from the survey respondents:
- facial images
- audio recordings
- video clips containing facial images
This data will be used for the various purposes described in the push notification disclosures made available to you at the time of data collection.
This data may be shared with the clients who engage us to perform or provide the services, our client’s service providers (including, without limitation, survey sample providers and/or data collection platform providers, etc.), and with the end-clients who engaged our clients. These parties are data controllers and Voxpopme normally acts as a data processor in accordance with agreed terms between the parties.
Where Voxpopme engages with members via the Voxpopme App and ask them questions directly (for its own purposes, and not pursuant to any services provided to clients), Voxpopme act as a data controller and in such circumstances, Voxpopme will comply with the requirements of data protection law.
How and why we use your personal information
We collect your personal information on a voluntary basis and will only use your personal information when the law allows us to. We will use your personal information in the following circumstances:
- where you have given consent;
- for the performance of a contract we have with you;
- where we have legitimate interests (or a third-party has legitimate interests) for your personal information to be processed (and your interests and fundamental rights do not override those interests), as set out below; or
- where we have a legal or regulatory obligation.
Our legitimate interests, include the need to process your personal information to:
- assist us in the administration of our business and the Voxpopme App;
- enable us to collate and classify Members into the relevant focus groups for our Clients' market research;
- achieve the general objectives of Voxpopme.
We may process your personal information for more than one lawful ground depending on the specific purpose for which we are using your data.
We may also use your personal information to form a view on you, which is referred to as ‘profiling’ in data privacy legislation. This will be based on the data you provide to us at registration and will only be used for the purposes of sending you details of questions specific to our clients’ needs. For example, a client may wish us to capture feedback from females under the age of 30, in which case we will only contact females members within this age bracket.
This will be undertaken using screener questions and will be notified to you by making Push notifications.
Please note that we may process your personal information without your knowledge or consent, in compliance with the above rules, where this is required, or permitted by law.
We do not undertake any marketing promotions with the members who have subscribed to the Voxpopme App other than sharing with you via push notifications details of questions to which you may submit a response.
Where do we process personal information?
We are a cloud-based service provider and data processor. Our servers are based in Dublin, Ireland and backed up in Frankfurt, Germany.
We store and process personal information mainly in the EEA, as above, although information and personal data may be accessed by our teams anywhere around the world. We have subsidiary companies based in the US and Australia. Each of these countries only access data where necessary and using our cloud-based servers.
Please note that in rare cases your data may be exported to, and stored and processed in, countries outside of the country in which you reside, including, without limitation, in the United States. For data subjects residing in the EEA, this means that your personal information may be exported, stored, and processed outside of the EEA. We use adequate physical, administrative, and technical processes, procedures and measures to protect your personal information from unauthorized use, disclosure, and/or access. To receive information on the recipients of your data, please contact us at firstname.lastname@example.org
How we protect your personal information
Data security is of utmost importance to Voxpopme and we have achieved certification to ISO 27001 externally validating the robustness of our information security systems.
Additionally Voxpopme takes reasonable steps to protect your personal information from unauthorised access, use, disclosure or loss, as follows:
We limit access to your personal information to those employees, agents, contractors and other third parties who have a business need to know. They will only process your personal information on our instructions and they are subject to a duty of confidentiality.
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.
We dispose of your data in adherence with industry approved processes and timescales.
This website has security measures (including on-line and off-line physical, electronic and managerial safeguards) in place to protect against the loss, misuse, and alteration of the information under our control. As with any transmission over the Internet, however, there is always some element of risk involved in sending personal information on-line.
If you have any questions about the security at our website, you can send an e-mail to email@example.com
Disclosure of your personal information
We do not share, sell, rent or trade personally identifiable information with third parties for their promotional purposes.
In connection with our processing activities, we may share personal information with third-party vendors whom we have engaged through contractual agreements to restrict and limit such processing activities and to ensure adequate protection for your data. The sharing of data with these third parties is necessary for the Voxpopme APP to function; for specific details of the third parties we use please contact us at firstname.lastname@example.org
Third parties are currently used for:
- operational help
- the emails we share
- building surveys
- audio and text transcription
- machine transcription + time coding
- for error checking
We reserve the right to disclose your personally identifiable information as required by law when we believe that disclosure is necessary to protect our rights and/or comply with a judicial proceeding, court order, or legal process served on our website.
We will only retain your personal information for as long as necessary to fulfil the purposes it was collected it for, including for the purposes of satisfying any legal, accounting, or reporting requirements.
In normal circumstances this would be two years.
To determine the appropriate retention period for personal information, we consider the amount, nature, and sensitivity of the personal information, the potential risk of harm from unauthorised use or disclosure of your personal information, the purposes for which we process your personal information and whether we can achieve those purposes through other means, and the applicable legal requirements.
In some circumstances, you can ask us to delete your data (see below for further information).
In some circumstances, we may anonymise your personal information (so that it can no longer be associated with you) for research or statistical purposes in which case we may use this information indefinitely without further notice to you.
Under certain circumstances, you have rights under data protection law in relation to your personal information to:
- object to us processing, or ask us to restrict our processing of your personal information for any of the purposes listed in this policy, at any time.
- ask us to update and correct any out-of-date or incorrect personal information that we hold about you free of charge.
- access information held about you. Your right of access can be exercised in accordance with data protection law (see further information below on subject access requests).
- ask us to erase your personal information (in certain circumstances). We will do our best to respond to such requests, but these are subject to certain limitations.
- Request a transfer of your personal information (in certain circumstances).
If you wish to exercise any of the above rights, please contact us (using the contact information below).
Subject Access Requests
You will not have to pay a fee to access your personal information (or to exercise any of the other rights). However, we may charge a reasonable fee if your request is clearly unfounded, repetitive or excessive. Alternatively, we may refuse to comply with your request in these circumstances.
We may need to request specific information from you to help us confirm your identity and ensure your right to access your personal information (or to exercise any of your other rights). This is a security measure to ensure that personal information is not disclosed to any person who has no right to receive it. We may also contact you to ask you for further information in relation to your request to speed up our response.
We try to respond to all legitimate requests within one month. Occasionally it may take us longer than a month if your request is particularly complex or you have made a number of requests. In this case, we will notify you and keep you updated.
We are committed to children's privacy
Voxpopme takes children’s privacy seriously and anyone under the age of 18 is not permitted to use the Voxpopme APP.
If required for the performance of our services to clients, Voxpopme may occasionally have access to responses obtained from minors (children under the age of 13). In such cases, Voxpopme will only access such responses and process personal data of such minors if prior consent has been obtained from the appropriate parents/guardians.
If Voxpopme otherwise learns that a child under the age of 18 has submitted personally identifiable information online, in contravention of these measures, Voxpopme will take all reasonable measures to delete such information from its databases and to not use such information for any purpose.
How to contact us
Voxpopme Limited (Voxpopme),
Unit 401, The Custard Factory, Gibb Street, Digbeth, Birmingham B9 4AA
+ 44 121 224 7703
You have the right to make a complaint at any time to the Information Commissioner’s Office (ICO), the UK supervisory authority for data protection issues (www.ico.org.uk). We would, however, appreciate the chance to deal with your concerns before you approach the ICO, so please contact us in the first instance.