Information we collect from you
We collect two types of information about visitors to our Site: Personally Identifiable Information (or "PII") and Non-Personally Identifiable Information (or "Non-PII"). Our primary goal in collecting information from you is to provide you with a smooth and efficient experience while using our Site.
2. Non-Personally Identifiable Information. This refers to information that does not, by itself, identify you or another specific individual. For example, this information may include the Web address of the Site that you just came from, which Web address you go to next, what browser and operating system you are using, and Internet Protocol ("IP") address that identifies your computer. On an aggregated basis, we collect and use for internal purposes anonymous data related to the pages, products and other content that is sampled, clicked on, searched for, transferred from and downloaded.
How we gather information
1. Registering. When you register with us, we collect personally identifiable information from you. For example, to open an account with us, we collect and maintain your name, email address and password as part of the registration/sign-up process.
3. Promotional E-mails. We offer promotional e-mails to our registered users. We will send you e-mails periodically listing current offerings and special deals. However, you may "opt-out" or unsubscribe from our promotional emails by following any promotional e-mail you receive from us or following the opt-out procedures described in our Terms of Service. After doing so, you will not receive any promotional e-mails in the future, unless you open a new account or otherwise subsequently sign up to receive them.
4. Customer Service. If you contact us by telephone, e-mail or letter, we may keep a record of your correspondence or comments. If you report a problem with our Site, we may collect such information in a file specific to you. If you contact us through our feedback area or by calling one of our customer service representatives, we may ask for your name and username, e-mail address and order information to send you a reply. If other users send us correspondence about your activities on our Site, we may keep the information in a file specific to you.
5. Site Use. We track users’ traffic patterns throughout their online session, including which pages, information and advertisements they view while using the Site and what products they purchase. We use your IP address to diagnose problems with our servers, software, to administer our Site and to gather demographic information. We also collect information from visitors to our Site regarding the Web sites they came from, domain names (e.g., .com or .org), their IP addresses, the date and time of their visit, the number of visits, the number of visits per browsing session, the server type, the operating system and browser type used to visit the Site, the country and state where their servers are located, the pages and page titles of our Site they view during their visit, whether the visitor's computer is enabled for Java or cookies, browser language, applications and plug-ins, and any search terms entered on our Site.
6. Cookies. We use data collection devices such as "cookies" (small text files that are placed on your computer's hard drive for record-keeping purposes) to assist us in the operation of our Site. Cookies make using the Site easier by, among other things, saving your passwords and preferences for you, helping identify you whenever you return to our Site, and reducing the number of times you are required to enter your password during a session. Most Internet browsers are initially set up to accept cookies. However, you can reset your browser to refuse all cookies or to alert you when a cookie is being sent (note: you may need to consult your browser's "Help" feature for instructions on how to do that). If you choose to disable your cookie setting or refuse to accept a cookie, you may not be able to use certain features on the Site and you may be required to reenter your password more frequently during a session.
7. Site Searches. Registered and others users may visit and search our Site for Product offerings and other information available for public viewing. We may collect and use PII if a registered user is logged-in and conducts a search, including his or her name, username, e-mail address and search terms. For all others, we may collect and use Non-PII similar to the information we collect from visitors generally in connection with Web Site Use, as described above.
Information collected by third parties
Who we share your information with
1. Order Fulfillment. The information we collect is used for processing orders, keeping you informed about your order status, for statistical purposes, for improving our Site and its performance, and to notify you of products or special offers that may be of interest to you. We will disclose your PII to third parties to charge your credit card. For example, we must release your credit card information to the card-issuing bank and card processor to confirm payment.
3. Compliance with Service of Process or Law Enforcement. We will disclose PII upon receipt of a court order, subpoena, or to cooperate with a law enforcement investigation, without prior notice to you, to the extent we deemed necessary to comply with applicable law. We reserve the right to report to law enforcement agencies any activities that we believe to be unlawful.
4. Sale of the Company. We reserve the right to disclose your Personally Identifiable Information in the event that we are sold, in whole or in part, either as an entire entity or through an asset sale, merger, or other method that includes a customer information database. This right is reserved whether or not the customer database is sold independently of any continuing operations of such company.
How to update or correct your Personally Identifiable Information
We believe you should have the ability to access and edit the personal information that you have provided to us. During the online ordering process you can review, change, or delete the information that you have submitted. You may change any of your personal information in your account online at any time by sending us an email to firstname.lastname@example.org. We encourage you to promptly update your information if it changes. You may ask to have the information on your account deleted or removed; however, because we keep track of past purchases and Site operations, you cannot delete information associated with past purchases or previous activities on our Site. Also, as a security measure we "back up" the data stored on our systems, and such prior information cannot be completely removed from our databases. As a result, you should not expect that all of your PII will be completely removed from our backed-up databases. Security precautions in place to protect against the loss, misuse, or alteration of your information.
To most efficiently serve you, credit card transactions and order fulfillment are handled by established third-party banking and processing agents. They receive the information needed to verify and authorize your credit card or other payment information and to process your order. They are responsible for the implementation and supervision of their security systems and safeguards.
Within PopResearch, your information is kept on password protected, limited access servers. Wherever possible and applicable, our servers reside behind a firewall that maintains controls on access to the system from the Internet. All passwords and orders are processed on our Site using 256 bit encryption technology, or if less, the highest bit rate encryption your browser can handle.
Contacting us about privacy questions or concerns
Section 2: Terms of Service
Welcome to PopResearch.com, where you can research your brand and communications at 1/10th the cost in 10th the time. Create a custom survey specific to your advertisement, brand and objectives including a copy of your advertisement ("Ad") and questions and other criteria you designate ("Survey").
We conduct the Survey and return the information generated from participant responses ("Survey Results"), in a format you design, to help you answer your information needs. We even compare your stimulus vis-a-vis other context (those of competitors, celebrated benads and/or campaigns and more) and chart the results.
Before you start using our Service, please read carefully the following terms and conditions ("Terms of Service" or "Agreement") which contain important information regarding your rights, obligations and restrictions in connection with the services provided by PopResearch, LLC ("PopResearch") including PopResearch.com (the "Site") (collectively, the "Service"). Use of the Service is conditioned on your acceptance without modification of these Terms of Service. Your use of the Service indicates your agreement to all such terms and conditions. If you do not agree to all of them, you may not use the Service.
Changes to Terms of Service
We reserve the right, at our sole discretion, to change, add or remove portions of the Terms of Service, at any time without sending you notice. It is your responsibility to check the Terms of Service each time before using the Site. Changes to these terms and conditions are effective immediately when posted on the Site. Your use of the Service after we post changes to these Terms and Conditions indicates your agreement to such changes.
Rules and Policies
Your use of certain sections of the Site may be subject to other posted terms and conditions that govern your use of that section and the specific services, features or transactions available in that section, all of which are hereby made a part of the Terms of Service. If there is conflict between the following terms, and the terms posted for a specific service, feature or transaction offered on the Site, unless otherwise stated in the Terms of Service the latter terms shall control regarding that specific service, feature or transaction.
Use of the Service
You agree that the Site and its digital content (downloaded or samples), including but not limited to all software, text, images, graphics, user interfaces, videos (other than publicly available videos), photographs, trademarks and service marks and logos used by PopResearch, artwork and other works of authorship on the Site (collectively, "Content"), including the design, selection, arrangement, and coordination of such Content on the Site, is the property of PopResearch or its content suppliers and is protected by copyright, trade dress, and trademark laws, and various other intellectual property rights laws. You agree to not use any Content in any way whatsoever except in compliance with the Terms of Service. No element of the Site or its Content may be reproduced, recorded, retransmitted, sold, rented, broadcast, distributed, published, downloaded, uploaded, posted, publicly displayed, altered to make new works, performed, digitized, compiled, translated, transmitted in any way to any another computer or website or medium, or for any commercial purpose, without PopResearch‘s prior express written consent unless expressly permitted by these Terms of Service,. PopResearch will vigorously protect and enforce its rights and intends to prosecute any infringement, misappropriate or other violation of its rights to the fullest extent provided by applicable law.
PopResearch grants you a limited license to access the Site to use the Service to create and order Surveys. You may not to download any Content other than page caching or Survey Results you purchase. You may not frame or utilize framing techniques to enclose any trademark, logo, or other proprietary information (including images, text, page layout, or form) of PopResearch without its express written consent.
As between you and PopResearch, you own the Survey Results, but PopResearch owns all other Content you download to display the Survey Results as well as the information comparing your Ads in relation to other advertisements ("Comparison Data"). PopResearch will not use your Ads for any purpose other than to conduct the Survey to which it relates. PopResearch grants you the right and license to reproduce, distribute, and display the Comparison Data and Content you download (without alteration) to retrieve your Survey Results, solely for internal, personal use. In return, you grant PopResearch the right and license to use your Survey Results (but not your Ads) in connection with the Service anonymously or in combination with other survey results in aggregated form (such as, by way of example and not of limitation, to update our normative database of advertising performance). You agree that you will not use the Service to collect PII from any Survey participant, including, without limitation in the form of custom questions or open-ended questions you program into any Survey. You agree not to use any information contained in any Survey Results to contact or attempt to contact any Survey participant.
PopResearch does not claim ownership of any materials ("Submissions") you provide to PopResearch (including feedback and suggestions), or post, upload (including your Ads), input or submit to the Service for review by Survey participants, other PopResearch members or others. However, by providing, posting, uploading, inputting, submitting ("Posting") your Submissions you grant PopResearch permission to use your Submissions (excluding your Ads) in connection with the operation of its business. No compensation will be paid with respect to the use of such Submissions. PopResearch is under no obligation to use any Submissions you Post and PopResearch may remove any Submissions at any time in its sole discretion. By Posting a Submission (including your Ads) you warrant and represent to PopResearch that you own or otherwise control all of the rights to your Submissions which are necessary for you to Post them on the Site.
Except as otherwise expressly provided in paragraph 10 below, PopResearch reserves the right to terminate your access to the Site/Service at any time for any or no reason and without prior notice.
Registration and Log-In Information
To order a Survey or access certain Services including Posting Submissions, you must first open an account. To open an account you must complete the registration process by providing PopResearch with current, complete and accurate information as prompted by the applicable registration form. You choose a password and a user name. PopResearch will send you an e-mail message (using the e-mail you designate when registering) to validate your account. Upon timely validation, you become a registered PopResearch member. You are entirely responsible for maintaining the confidentiality of your password and account information. Furthermore, you are entirely responsible for any and all activities that occur under your account. You agree to notify PopResearch immediately of any unauthorized use of your account or any other breach of security. PopResearch will not be liable for any loss that you may incur as a result of someone else using your password or account, either with or without your knowledge. However, you could be held liable for losses incurred by PopResearch or another party due to someone else using your account or password. The Service is not transferable, such that you may not authorize other persons to use your account. Any distribution by you of your account name and password my result in termination of your account.
Payment and Delivery
The fee for each Survey you order through the Service is the Total Order price displayed in the Order Summary. When you click the Place Your Order button, PopResearch will charge that fee (including any applicable taxes) to the credit card account you enter. PopResearch will conduct the Survey ordered promptly after it has received payment of the fee. YOU ARE RESPONSIBLE FOR THE TIMELY PAYMENT OF ALL FEES AND TAXES AND FOR PROVIDING POPRESEARCH WITH VALID CREDIT CARD ACCOUNT DETAILS FOR PAYMENT OF ALL FEES AND TAXES.
Survey Results should be ready for delivery (via download and/or print) within twenty-four (24) or forty-eight (48) hours (or, for a large number of Survey participants, several days) after you place your order. These timeframes are estimates. Actual turn-around times may vary due to a range of factors (mostly beyond our control), including, by way of example and not of limitation, continuity of third-party services, national or local holidays, the ease or difficulty finding the target audience, or occurrences typically considered force majeure events.When completed PopResearch will send you an e-mail message (using your account e-mail address) that your Survey Results are ready. Follow the instructions in the e-mail message to retrieve them. To access the Site and to download or print the Survey Results, you must have (and are responsible for having) all equipment, software, network connections and/or carrier services necessary to access the Site, including, but not limited to, a computer or mobile device that is in working order and compatible with the Service and format of the Survey Results.
Consent to Communication With You; Opt-Out
By establishing an account with us, you authorize PopResearch to contact you at your account e-mail address for administrative and promotional purposes. PopResearch may send you notice with respect to the Service or your account by sending an e-mail message to your account e-mail address, by sending a letter via postal mail to the contact address listed in your account contact information, or by a posting on the Site. Notices shall become effective immediately. If you wish, you may "opt-out" of receiving communications from PopResearch for promotional purposes by sending an e-mail to optout@PopResearch.com.
Your Postings to this Site and Conduct of Registered Users
In some sections of our Site, such as PopResearchU, we permit you to tell us or other members your comments on a given topic. In doing so, we believe that all users benefit from following basic rules regarding conduct while using the Site. To help everyone have a positive experience, we ask you, and you agree, to comply with the following basic rules of conduct when using the Site:
a. You have the right to Post your Submissions on our Site ("Member Content") and none of your Member Content will not violate any law or the rights of any person;
b. All Submissions on our Site ("Member Content") are subject to the following terms:
i. By Posting Member Content (excluding your Ads), you give us the royalty-free, irrevocable, perpetual, worldwide right to: allow other people to use such content in any manner, in whole or in part, without any restriction or responsibilities to you;
ii. You will not Post and Member Content to advertise, offer or solicit offers to sell or license Member Content to any member or others;
iii. You agree that PopResearch is not responsible for the truth, completeness, objectivity or usefulness of your Member Content, nor does it endorse any Member Content;
iv. We do not screen or monitor Member Content, but we do have the right to remove any Member Content, and/or terminate access to PopResearchU, at any time and without notice if we believe it will improve the Service.
c. You will comply with the Terms of Service and all applicable laws;
d. You will never give your password to anyone (no PopResearch employee or representative will ask for it because we already have it) and you will not provide your billing or credit card information to PopResearch except to make a purchase;
e. You will not harass, threaten or abuse other people in any manner when using the Service;
f. You will neither harvest any screen names of e-mail addresses for any commercial use, nor collect or store personally identifiable information about any other individual using the Service;
g. You will not impersonate any other person or misrepresent a relationship with any person or entity, including misrepresenting a relationship with PopResearch; similarly, you will not adopt a false identity if the purpose of doing so is to deceive or defraud another; and
h. You will not post any Member Content which may or does disrupt the Site or the Service;
Termination of Service
You or PopResearch may terminate your access to the Service for any reason at any time and without notice. If you ordered a Survey before termination but have not yet received the Survey Results, PopResearch will send you the Survey Results when complete. You agree that PopResearch will not be liable to you or to any third party for termination of your access to the Service as provide herein. All payments for Surveys you order are NONREFUNDABLE.
Warranty and Disclaimers
PopResearch warrants only that your Survey Results will provide information to help you decide whether, at the time of and under the criteria you specified for your Survey, your Ad works as you intended. EXCEPT AS SO WARRANTED, SURVEY RESULTS, THE SITE AND SERVICE ARE PROVIDED TO YOU "AS IS" AND "AS AVAILABLE." Only you can and should decide if your Ad performs according to your own objectives be they creative, strategic, business and otherwise. Survey Results are one of many factors.
Limitation of Liability
THE ENTIRE RISK ARISING OUT OF THE USE OF THE SITE, SERVICES AND SURVEY RESULTS REMAINS WITH YOU. IN NO EVENT SHALLPOPRESEARCH OR ITS LICENSORS OR ANY OF THEIR OFFICERS, DIRECTORS, MEMBERS, MANAGERS, EMPLOYEES, AGENTS OR AFFILIATES BE LIABLE FOR ANY CONSEQUENTIAL, INCIDENTAL, DIRECT, INDIRECT, SPECIAL, PUNITIVE, OR OTHER DAMAGES WHATSOEVER (INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF BUSINESS PROFITS, BUSINESS INTERRUPTION, LOSS OF BUSINESS INFORMATION, OR OTHER PECUNIARY LOSS) ARISING OUT OF THIS AGREEMENT OR THE USE OF OR INABILITY TO USE ANY PRODUCTS, WITH THE DELAY OR INABILITY TO USE THE SITE OR RELATED SERVICES, THE PROVISION OF OR FAILURE TO PROVIDE PRODUCT OR SERVICES, OR FOR ANY INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS OBTAINED THROUGH THE SITE, OR OTHERWISE ARISING OUT OF THE USE OF THE SITE WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE EVEN IF POPRESEARCH HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN THE EVENT THAT ANY LIMITATION OF LIABILITY SHALL FAIL OF ITS ESSENTIAL PURPOSE, THE MAXIMUM LIABILITY THAT POPRESEARCH SHALL HAVE TO YOU IS LIMITED TO ANY AMOUNTS ACTUALLY PAID BY YOU TO POPRESEARCH.
Notwithstanding anything to the contrary, you agree to indemnify and hold PopResearch (and its respective managers, members, agents and representatives) harmless for all costs, damages, liabilities and expenses (including reasonable attorneys’ fees) incurred by PopResearch arising out of or related to any investigation, claim, suit or proceeding in connection with your failure to comply with any provision(s) of the Terms of Service. PopResearch reserves the right to disclose any personal information about you or your use of the Service, including its contents, without your prior permission if PopResearch has a good faith belief that such action is necessary to: (1) conform to legal requirements or comply with legal process; (2) protect and defend the rights or property of PopResearch or its affiliated companies; (3) enforce the terms or use; or (4) act to protect the interests of its members or others.
Policy to Terminate Privileges for Copyright Infringement
Pursuant to 17 U.S.C. § 512 as amended by Title II of the Digital Millennium Copyright Act (the "Act"), PopResearch will terminate the account of any member who uses his or her or its privileges to unlawfully transmit copyrighted material without a license, valid defense or fair use privilege to do so. After proper notification by the copyright holder or its agent to the PopResearch and later confirmation through court order or an admission by the member that an account has been an instrument of unlawful infringement, PopResearch will terminate the infringing member‘s account. PopResearch may also in its sole discretion decide to terminate a member‘s account privileges prior to that time if it has good belief that infringement has in fact occurred. In addition, pursuant to 17 U.S.C. § 512(c), PopResearch has implemented procedures for receiving written notification of claimed infringements and for processing such claims in accordance with the Act. PopResearch respects the intellectual property of others and we ask other to do the same. If you believe that your copyright has been infringed through the PopResearch‘s Site, please contact Kurt D. Summers, Esq. via e-mail to email@example.com, via telephone at (714) 371-4299, via facsimile at (714) 882-7915, or mail at:
Kurt D. Summers, Esq.,
Callari & Summers
600 Anton Boulevard, 1 Plaza Tower, 11th Floor
Costa Mesa, CA 92626
Any written notice describing the infringing activity must include the following information:
- - An electronic or physical signature of the person authorized to act on behalf of the owner of an exclusive that is allegedly infringed;
- - A description of the allegedly infringing work or material;
- - A description of where the allegedly infringing material is located on the site;
- - Information reasonably sufficient to allow us to contact you, such as your address, telephone number and e-mail address;
- - A statement by you that you have a good faith belief that the disputed use of the material is not authorized by the copyright or other proprietary right owner, its agent, or the law; and
- - A statement by you that the above information and notification is accurate, and under penalty of perjury, that you are the copyright owner or authorized to act on behalf of the owner whose exclusive right is allegedly infringed.
Electronic Signatures and Contracts
Your use of the Site includes the ability to enter into agreements and/or to make purchases electronically. YOU ACKNOWLEDGE THAT YOUR ELECTRONIC SUBMISSIONS CONSTITUTE YOUR AGREEMENT AND INTENT TO BE BOUND BY SUCH AGREEMENTS AND TO PAY FOR SUCH PURCHASES. YOUR AGREEMENT AND INTENT TO BE BOUND BY ELECTRONIC SUBMISSIONS APPLIES TO ALL RECORDS RELATING TO ALL TRANSACTIONS YOU ENTER INTO ON THE SITE, INCLUDING NOTICES OF CANCELLATION, POLICIES, AND CONTRACTS.
You agree that all matters relating to your access to or use of or purchases made from the Site, including all disputes arising out of the Terms of Service, will be governed by the laws of the United States and by the laws of the State of California without regard to its conflicts of laws provisions. You agree to the personal jurisdiction by and venue in the state and federal courts in Orange County, California.
We reserve the right to assign the Terms of Service without notice to you or your consent so long as the assignee agrees to be bound by its terms.
These Terms of Service were last modified: November 5, 2018.