PRIVACY POLICY & TERMS OF USE

PRIVACY POLICY

GBK Collective is committed to protecting the privacy of its clients, research participants, and other users of this Website.  This Privacy Policy (this “Privacy Policy”) applies to all client and personal data that we collect or use in the course of conducting our business and data you provide to us on our Site.

This Privacy Policy explains how we collect, use, transfer, and store information we collect from or about you (including “personal data” and “personally identifiable information”, each as defined under applicable laws, and other information which may not be classified as personal data or personally identifiable information). This Privacy Policy also describes, your choices regarding your such personal data and other information, and how we ensure your privacy.

GBK Collective conforms its privacy and security practices to applicable laws, codes and regulations, including, without limitation, the General Data Protection Regulation (“GDPR”) and the California Consumer Privacy Act (“CCPA”).

By entering this website or participating in any of our surveys or other research engagements, or otherwise providing your information or data to us, you confirm that you have read and understood the entirety of this Privacy Policy and that you consent to the terms of this Privacy Policy. If you do not agree with the terms of this Privacy Policy, you should not use this site, participate in our research or provide your data to us.

Information Collected from or about Research Participants

In operating our market research and analytics businesses, most of the information we collect about you (only a small subset of which may be “personal data” or “personally identifiable information” as defined under applicable law) is information you voluntarily disclose to us in connection with our research studies. We will not collect information from research participants without their consent; which consent may be withdrawn at any time. Personal data and other information that may be collected from or about you during the course of a research study will be treated as confidential and will be used by us solely for research purposes. In some cases, we may share personal data about survey respondents with third parties who are providing services to us in connection with a specific research study. Prior to receiving such personal data, the third party recipients will be required to agree to treat the information in accordance with this Privacy Policy. In no event will personal data be used for the purpose of directly marketing any products or services to an individual respondent. If a survey involves an incentive or a contest, we may ask for your name and telephone number or email address to notify you if you are a winner. There is never an obligation to provide this information to participate in the survey but if you don’t provide it, you may not be able to participate in the incentive program or contest.

Additionally, in connection with some of our online surveys, we employ software to identify certain systems-related information about respondents, including IP address, device and browser type, and geographic location, in order to detect fraudulent activity (e.g., bots), to protect the integrity of the research, and to optimize the survey experience. We may use cookies during surveys to ensure the quality of data collected, but we do not store personally identifying information in such cookies.

Information Collected Through this Website

We also collect information from visitors to our website, including IP address, device and browser type, date and time of visit, name of the visitor’s Internet service provider, state or country from which the website was accessed, web pages from which the visitors linked to the website, and behavior while on the website (e.g., which links were clicked on), and we may do so using cookies (small files placed on your internet browser when you visit our website). We use cookies to distinguish you from other visitors to our site and to remember your browsing preferences. We do not store personally identifying information in cookies. If you prefer not to receive cookies from our website, you can disable their use in your browser settings. By doing so you may reduce the functionality of the web pages you view. Any personal data voluntarily provided to us by visitors to this website will be used and disclosed as described in this Privacy Policy. We will not rent or sell such personal data. We may use personal data provided by website visitors in connection with the normal course of our business, such as responding to requests for information and distributing marketing materials.

Information Collected from Residents in the European Union

In the event that we collect any Personal and Confidential Information from individuals located in the European Union, the collection, use, transfer and disposition of such data will at all times be in compliance with applicable laws, rules and regulations, including the GDPR.

Your Personal Information

Depending on how we obtain your personal data (as described above), we may either be considered a “controller” or a “processor” under applicable law as to that data. If we are the processor, we will process the data in accordance with the instructions provided to us by the controller of that data.

Regarding data collected as part of our research activities, we collect data in, and in connection with, our studies for research purposes only, and our use of that information is limited to that purpose. Research participant information is not used for sales or direct marketing purposes.  In many cases, this information (which is typically anonymized) is shared with the client commissioning the study pursuant to our contract with that client. In some cases, we may need to share personal data with third parties for ancillary services in support of a research project. In these cases, we require the third party to follow all of the same privacy protection regulations as followed by us.

As to client data we collect, we do not use the information for any purpose other than to fulfill our obligations to clients. We keep client information secure at all times, and prevent the use and disclosure of it by our employees or any third parties.

In order to deliver to our clients, we use several third-party vendors.  All are vetted and hand selected to carry out the task at hand. In all cases, we take appropriate measures to ensure that the vendor protects any personal data so transferred adequately in accordance with this privacy policy. The data that we collect from you may be transferred to, and stored at, a destination outside the United States (“US”) or the European Economic Area (“EEA”). It may also be processed by staff operating outside the US or the EEA who work for us or for one of our suppliers. If your personal data is transferred to, stored at or otherwise processed in a country or territory outside the US or the EEA, and that country or territory has not been recognized as providing an adequate level of data protection, we will put in place additional safeguards to protect your personal data, based on standard contractual clauses.

We do not sell personal data in the traditional sense, and do not sell, rent, or give personal data to any third party for the purpose of directly marketing any goods or services, but certain laws, including the CCPA, define the terms “sell” and “sale” very broadly, and as a result, some of our research-related activities—for example, the inclusion of a study participant’s photo or video in a market research deliverable for our client—might fall within the definition of “sale” under certain circumstances. Please see below for more information about information we may have “sold” pursuant to the CCPA.

Under certain circumstances, we may be required to release personal data in response to a legal request from public authorities including to meet national security or law enforcement requirements.

Rights of California Residents

The CCPA provides additional privacy protections for California residents.

If you are a California resident, you have the right to request the following as to any personal data we have about you: (a) that we provide access to any personal data we hold about you; (b) that we update any of your personal data which is out of date or incorrect; (c) where our basis for processing your personal data is consent, that your consent to further processing be withdrawn; (d) where we received your personal data from a third party, inquire where the data originated; (e) that we delete any personal data which we are holding about you; (f) restrict the way that we process your personal data (including that we no longer “sell” your personal data as such term is defined in the CCPA); (g) prevent the processing of your personal data for direct-marketing purposes; (h) that we provide, or not provide, your personal data to a third party provider of services; (i) that we provide you with a copy of any personal data which we hold about you; (j) that we consider any valid objections which you have to our use of your personal data; and (k) that you not be discriminated against for exercising any of your privacy rights. Under applicable law, certain personal data may be exempt from some of these requests in certain circumstances.

Under the CCPA’s broad definitions of “sell” and “personal information,” we may “sell personal information” about you to our vendors, clients or other partners, such as your contact information or certain combinations of anonymized or pseudonymized demographic and other information.

Below is a summary of categories and types of personal information we have collected and “sold” (as defined by the CCPA) during the past 12 months:

Category of consumer personal information collected

Source from which collected

Purpose for which collected

Categories of third parties with whom shared

Name and contact information – research participants

Study participant; sometimes, client commissioning study

Inviting participation in study; administering studies; fulfilling participation incentive

Study-related vendors; technology infrastructure vendors

Name and contact information – website visitor

Supplied by person himself/herself

Marketing of GBK Collectives own services

Technology infrastructure vendors; public relations partners

Photo, video, or audio of research participant

Supplied by person himself/herself

Conducting research study

Client commissioning study; study-related vendors; technology infrastructure vendors

Demographic details, when coupled with some identifying info

Supplied by person himself/herself; sometimes, third party vendor

Conducting research study

Client commissioning study; study-related vendors; technology infrastructure vendors

Systems details – visitors to Websites (IP/device ID, browser settings, similar)

The computer or device of the person himself/herself

Internal analytics; improvement of Website experience

Technology infrastructure vendors

Systems details – research participants (IP/device ID, browser settings, similar)

The computer or device of the person himself/herself

Fraud detection (e.g., “bots”); to allow system to detect language for disclosure notice

Study-related vendors; technology infrastructure vendors

If you would like further information about the rights described in this section of the Privacy Policy or would like to exercise any of them, including to opt out of the “sale” of your information as defined in the CCPA, please write to us at GBK Collective, LLC, 211 East 43rd Street, 7th Floor, New York, NY 10017 USA, Attn: Privacy Officer, or email us at privacy@gbkollective.com.

We will not discriminate against anyone who chooses to exercise any or all of the above rights; provided, however, that to the extent a survey or other research study—the completion of which would result in the payment of a financial incentive or entry in a sweepstakes—involves the collection of data and you decline to consent to such collection, you would not be able to proceed to participate in the study, and (depending on the specific study) to the extent you are required to supply your contact information at the conclusion of a survey in order for us to fulfill the participation incentive and you decline to provide your contact information, you would not receive the participation incentive.

Data Security

We take all commercially reasonable efforts to protect personal data and other information from loss, misuse, unauthorized access, disclosure, alteration, and destruction. Only authorized employees, vendors, contractors, or partners carrying out authorized business functions are allowed to access to our data or databases.

Children’s Privacy

We are in compliance with the Children’s Online Privacy Protection Act (COPPA) and all other applicable laws, rules and regulations related to the collection of data and information from children. We will not knowingly collect information from children under the age of 13 without first obtaining appropriate consent from the child’s parent or guardian.

Contact Us

If you have any questions regarding this Privacy Policy or related privacy or data security issues please contact us via email at privacy@gbkollective.com.

TERMS OF USE

The use of this website (http://www.gbkcollective.com) is subject to the following Terms of Use which constitute a legal agreement between you and GBH Insights, LLC d/b/a GBK Collective. By using this website, you acknowledge that you have read, understood and agree to be legally bound by the Terms of Use and all applicable laws and regulations governing this website. Please review the Terms of Use prior to viewing this website. If you do not agree with the terms thereof, please do not use this website.

Use of Information

The information contained in this website is intended for general information purposes only. GBK Collective has made all reasonable efforts to ensure that the information on this website is accurate at the time of inclusion, however, all information, services, products and materials contained or offered in this website are provided on an “as is” basis with no warranty. GBK Collective makes no representations or warranties about the information provided through this website and accepts no liability for any inaccuracies or omissions in this website. Additionally, from time to time, this website may also include links to other websites. These links are provided for your convenience to provide further information. They do not signify that we endorse the website(s). We have no responsibility for the content of the linked website(s).

Ownership of Content and Copyright

All content on this website is the exclusive property of GBK Collective and is protected by US and international copyright laws. While we permit you to print and make copies of this website for your limited personal use, you may not use, download, upload, copy, print, display, perform, reproduce, republish, license, post, transmit or distribute this website or any content from this website for any commercial use or for any purpose other than your personal use without our prior written permission.

Prohibited Conduct

You may use this website for lawful purposes only. You may not upload to, post on, or distribute through the website any content that (a) is unlawful, libelous, defamatory, obscene, sexually explicit, harmful, threatening, abusive, harassing, profane, hateful, discriminatory, or otherwise objectionable to GBK in our sole discretion, (b) violates or infringes upon the rights of others in any way, (c) contains any computer viruses, worms or other contaminating or destructive properties, (d) contains any false statements, or (e) violates civil or criminal law. You agree not to send any unsolicited promotional or advertising material, spam or similar materials or any volume messages that may interfere with the operation of this Web site or with the enjoyment of this Web site by other visitors.

Termination of Use

GBK Collective reserves the right at any time and without notice to terminate or suspend your access to this website or to modify, suspend or permanently discontinue all or any part of this website.

Indemnification 

You hereby agree to indemnify GBK Collective, its officers, directors, employees, and agents from against any costs, claims, losses and damages (including legal fees and costs) incurred by or awarded against GBK Collective as a result of your violation of these Terms of Use or your violation or infringement of any third party rights, including intellectual property rights.

Governing Law 

These Terms of Use and any dispute or claim arising out of or in connection with these Terms of Use or their subject matter (including non-contractual disputes or claims) are subject to the laws of the State of New York and to the non-exclusive jurisdiction of the state and federal courts located in New York, New York, USA.

Changes to this Privacy Policy and Terms of Use

We reserve the right to modify and update this Privacy Policy, Terms of Use and the related business practices at any time by posting an updated version on this website. Please view the Privacy Policy and Terms of Use on a regular basis.

Last updated June 2021