Last Updated: October 22, 2023
Description of the Business.
CyberFox GmbH. And their parents, affiliates, and subsidiaries globally (together referred to from now on as “CyberFox GmbH”) provide sample solutions and expertise for survey research, providing clients with permission to the customer and business-to-business respondents via the Net, phone (both fixed/landline plus wireless/mobile), postal and multi-mode methodologies. CyberFox GmbH serves many for-profit and not-for-profit organizations, universities, and governmental organizations and divisions.
This Privacy Policy describes the types of data we gather, how we collect data, how we use the data, how we share or release the data, how we store the data, and your choices regarding the use and handling of the data.
Our privacy policy does not apply to the compilation, handling, storing space, transfer, and removal of data collected concerning the survey panels or groups operated by or on behalf of CyberFox.
What type of Data do we gather?
We collect the following data:
Personally identifiable Data (“PII”), which comprises, without restriction, first and last names, email addresses, telephone numbers (s) (e.g., home, mobile, and business numbers), and residential addresses.
1. Business contact Data involving, not including restriction, company name, job title, and division.
2. Data on your company or the company you represent.
3. Data collected through the automated method includes, without limitation, I.P. address, browser type, operating system, mentioning URLs, Data on actions or activities taken or participated in on a site, and dates and times of website visits.
How we collect Data.
1. Data produced or provided by you:
2. Through or in connection with CyberFox GmbH’s corporate Website (s), including, without limitation, https://cybermarts.com.
3. Through our about business discussions with actual or prospective businesses or customers;
4. Through or in association with endorsements, discussions, events, and trade or business shows or conferences sponsored by, hosted by, or attended by CyberFox GmbH and CyberFox GmbH’s employees, representatives, and agents; and Through telephone calls, email communications, and other forms of communication.
5. Data collected from third parties: CyberFox GmbH may well collect data involving, not including limitation, PII and company contact info, from third parties, interesting, not including regulation, Data service bureaus, community media platforms, and trade associations or event planners or promoters. We may use the data collected from such third parties for various objectives, involving, without limitation, sending you emails or other networks as described herein. If you receive such communications, you can opt-out of receiving communications from us.
6. Data collected through automated means: CyberFox GmbH Cookies. Cookies are small files that store specific data on a device or computer. CyberFox GmbH might use session and persistent cookies for various purposes, not including limitations, to enable you to use and transverse a site and quality organization. Session cookies terminate when you end your browser. Persistent cookies continue to run on your device or computer indefinitely until removed. A user may deactivate and delete cookies via the user’s browser or else; however, this may limit your use of a website and reduce the functionality available to the user in association with a website.
7. Third-Party Cookies. CyberFox GmbH employs third parties to support services and certain functionality to CyberFox GmbH. CyberFox GmbH uses contracts with such 3rd parties to monitor their use of cookies and limit their use to the limited purposes outlined in the agreements.
8. Log Files. CyberFox GmbH’s websites may robotically gather and store specific Data in log files, including, exclusive of, data available from your web browser, including, without limitation, I.P. Address, browser type, I.S.P., referring/exiting sheets, and operational system.
9. Cookie Notice: CyberFox GmbH values your confidentiality. For a list of cookies employed on or in connection with this Website.
Usage of Data Collected.
We may use Data, including, without restriction, PII and company contact info, to:
1. Provide, manage, and communicate with you about CyberFox GmbH’s products, campaigns, services, events (e.g., webinars, etc.), newsletters, and industry expertise/understanding (e.g., whitepapers, articles, etc.).
2. Create, supplement, and update CyberFox GmbH’s directories and records for actual and potential suppliers, customers, and clients.
3. Protect against and prevent fraud, claims, and liabilities and manage risk exposure.
4. Respond to inquiries and requests.
5. Operate, evaluate, conduct, and improve CyberFox GmbH’s business (including, without limitation, completing transactions for CyberFox GmbH’s products and services, enhancing CyberFox GmbH’s current products and services, and developing new products and services.
6. Process and manage to opt-out, remove or unsubscribe requests.
7. Comply with relevant laws, guidelines, codes, and trade standards and procedures.
8. Conduct marketing and market study events comprising, without limitation, (a) contacting you to contribute to client satisfaction studies or surveys via telephone, email, or otherwise, and (b) asking for your thoughts or response on CyberFox GmbH’s professional actions, comprising, without limitation, existing and upcoming products and services;
9. Produce and send aimed messages to you regarding you or your company’s transactions with CyberFox GmbH and the data for your company.
10. Answer to a subpoena or a request of a court or authority agency.
11. Establish, exercise, or defend legal claims involving, without limitation, protecting the safety of an individual or safeguarding CyberFox GmbH’s rights and property.
12. Evaluate your interest in employment and contact you regarding possible employment opportunities with CyberFox GmbH and any company within the CyberFox GmbH group.
13. In addition to the above, CyberFox GmbH may use Data collected or received by CyberFox GmbH as outlined in this Privacy Policy.
14. If you provide CyberFox GmbH with any feedback, suggestions, and comments regarding CyberFox GmbH’s professional activities, including, without limitation, regarding current and future products and services, CyberFox GmbH might use, apply, and implement such responses, proposals, and observations, at CyberFox GmbH’s choice, and without announcement to you, without any permission or consent from you, without any reward to you, and without any attribution or credit to you. You, at this moment, irrevocably assign and transfer to CyberFox GmbH all right, titles, and interests in and to any such feedback, suggestions, and comments.
How do we share your Data?
1. CyberFox GmbH does not sell your data and does not disclose your data, except as expressed in this Privacy Policy or as otherwise agreed to by you.
2. We may share data, including, without constraint, PII and business contact Data, as follows:
• Within the CyberFox GmbH group of businesses and the managements, managers, officers, employees, advisors, and mediators of these companies, subject to the relationships of this Privacy Policy or as otherwise revealed to you at the time of the gathering of the data or as subsequently consented to by you.
• To service suppliers presenting services on our behalf, directly by CyberFox GmbH or a third party. The assistance providers are authorized to use and release the Data only as essential to operate and require the services for which they were engaged.
• We may disclose Data about you: if we are required to do so according to valid laws or legal or court procedure; or when we consider disclosure is necessary to prevent harm or monetary loss, or in connection with an investigation of actual or alleged fraud or unlawful activity.
• We also set aside the right to transfer Data about you if we sell or transmit all or a part of our company or resources. Must such a sale or transmission occur, we will use reasonable efforts to direct the transferee to use the Data you have provided to us in a way that is coherent with this Privacy Policy. After such a sale or transfer, you may contact the person we assigned your data with some queries concerning processing that Data.
Where is Data Deposited?
All data, including, without limitation, PII and business contact Data, is deposited on servers and systems situated in the United States, where servers are licensed, owned, and maintained by CyberFox GmbH.
What Security Measures Has CyberFox GmbH Implemented?
CyberFox GmbH holds appropriate technological, organizational, and physical safeguards to protect the Data, including, without limitation, PII, received or collected by CyberFox GmbH. CyberFox GmbH regularly reviews, screens, and assesses its privacy procedures and protection systems. Notwithstanding the preceding, transmissions over the Internet and a mobile network are not one hundred percent (100%) protected, and CyberFox GmbH does not guarantee communications security. CyberFox GmbH is not responsible for any inaccuracies by individuals in submitting PII to CyberFox GmbH.
How can I choose to opt-out?
You may opt out by: (a) connecting on the unsubscribe link in any email communication received from or about CyberFox GmbH; or (b) contacting us by email or phone.
How Can You Access Your Data?
You may access the Data we collect from or about you to evaluate, correct, or delete such data by contacting CyberFox GmbH as follows:
Mailing an email request to privacy@cybermarts.com.
Directing a request via regular correspondence, postage pre-paid to:
CyberFox GmbH
Am bhf Westend 9-11, 14059 Berlin, Germany
Attention: Legal – Data Request
Children’s Privacy.
CyberFox GmbH believes it is essential to protect children’s online privacy. Accordingly, CyberFox GmbH adheres to applicable laws and codes about protecting children’s confidentiality, including, without limitation, the Children’s Online Privacy Security Act of 1998 in the United States (as amended). CyberFox GmbH does not deliberately collect PII from anyone under the age limits prescribed by relevant laws and codes for collecting PII from individuals without parental consent. If CyberFox GmbH turns out to be aware that it had unintentionally collected PII from anyone under such age limits, CyberFox GmbH would promptly delete such PII.
How Long Does CyberFox GmbH Retain My Data?
CyberFox GmbH will keep or retain your data for up to one (1) year after your request to opt out of CyberFox GmbH’s processing of your data in contact with questions or complaints concerning this Privacy Policy.
If you have any questions or grievances regarding CyberFox GmbH’s privacy practices and this Privacy Policy or want to connect an opt-out request to CyberFox GmbH, or wish to use your rights to access, evaluate, correct, delete or object to the processing of PII, please get in touch with us via email at privacy@cybermarts.com. CyberFox GmbH’s Legal Department is responsible for the organization’s agreement with this Privacy Policy.
Links To Other Websites.
CyberFox GmbH’s Website (s) may include or deliver links to other websites for your accessibility and data. These websites may operate independently from CyberFox GmbH. Linked sites may have privacy notices or guidelines, which we strongly recommend you review if you visit any associated websites. To the extent any associated websites you visit are not owned or controlled by CyberFox GmbH, CyberFox GmbH is not responsible or accountable for the websites’ subject, any use of the websites, or the privacy methods of the websites.
Updates to this Privacy Policy.
This Privacy Policy may be updated regularly and with no prior notice to you to reflect changes to CyberFox GmbH’s procedures and practices set forth herein. In the event of any updates or modifications to this Privacy Policy, CyberFox GmbH will post a prominent notice on CyberFox GmbH’s Site (s) to inform you of any substantial changes.
FOR CALIFORNIA INHABITANTS
• Your Rights Under the California Consumer Security Act of 2018 (“CCPA”)
Under the California User Protection Act of 2018 (“CCPA”), and subject to certain exemptions and limits, Californians can contact CyberFox GmbH to exercise the rights described below concerning specific personal Data that CyberFox GmbH holds regarding them. To the degree those rights apply to you, they are explained below. CyberFox GmbH also handles specific Personal Data on behalf of CyberFox GmbH customers. You should contact those customers to exercise your rights about that personal data.
• Right to Know About Personal Data Collected, Revealed, or Sold
You have the right to wish that we offer details about the Personal Data we collect, use, release and sell. You can submit a certifiable customer request by clicking here. CyberFox GmbH resources the right to verify your individuality to our fulfilment by requesting you to log into your account if you have one. You are entitled to receive the following:
• The types of your Personal Data that CyberFox GmbH has collected in the preceding 12 months
• The types of sources from which that Data was collected
• The business/trade objective for the collection or selling
• The types of third parties with whom CyberFox GmbH shares Personal Data
• The specific pieces of personal Data CyberFox GmbH have gathered about you (subject to some exemptions)
• Because CyberFox GmbH has revealed or sold (as those words are described in the CCPA) individual data to 3rd groups in the last 12 months, you are also entitled to get the following:
• The categories of personal data that CyberFox GmbH has revealed or sold in the past 12 months
• Right to Request Deletion of Individual Data
You have the right to request the deletion of the individual Data we have collected about you (subject to some exclusions). You can submit your request as illustrated above, and we reserve the right to carry out the verification explained above.
• Right to Non-Discrimination for the Effect of a Consumer’s Privacy Rights
You get the right not to accept illegal, unfair treatment by CyberFox GmbH for exercising your privacy claims under the CCPA.
• Right to Opt-Out of Sale of Individual Data
You can opt-out of selling your Personal Data through CyberFox GmbH. You may wish to opt out by posting an email to privacy@cybermarts.com.
List of Groups of Individual Data point to be Gathered and May Have Been Sold or Disclosed.
Types of Individual Data Gathered
CyberFox GmbH collects personal data from research participants during and after the process with a panel, comprising, without limitation, through participation in a survey and connection with the acceptance and redemption of rewards and incentives and the Application/Services registration and download process.
The types of individual Data we may collect include:
“Identifiers” such as
• Name
• Address(es)
• Telephone number(s) (including home, cell, and business phone numbers)
• Email address(es)
• Date of birth
• Internet Protocol address
• Unique device id number (such as identifiers for analytics or advertising)
• Network provider user I.D. (a number uniquely allocated to you by your network provider)
• Media Access Control (M.A.C.) address
• International Mobile Equipment Identity
• Unique cookie identifiers
• Internet or other electronic network activity Data and other Data collected through automated means (more detail can be found in
Subsection (iii) such as:
Data concerning your device (e.g., device operating system, the other presentations on your device, device system provider, device type, time zone, web status, browser type, browser identifier, and other Data that alone or in sequence may be used to detect your device uniquely)
• Geolocation
• Cookies and similar know-how
• Social media Data
• Log files
• Digital fingerprinting
• Watermarking
• Browsing activity
• Other behavior Data
• Specialized or work-related Data, including occupation
• Education Data
• Additional content/information you submit involving photos, videos, and associated theme
• Characteristics of possibly truthful classifications beneath C.A., federal or worldwide law (e.g., health and medical conditions, sexual preference or sexual life, political opinions/views, race/ethnic origin, gender, holy and moral philosophies, and trade-union association)
• Other examination Data
Demographic Data
Everything the Data above was collected for the purposes described in Section 4. In CCPA terms, these reasons, which are illustrated further in that part of our Privacy Policy, include but are not restricted to the following examples:
• Assessing associated current communication with you and simultaneous transactions, including, but not restricted to, counting ad impressions to exclusive visitors, verifying positioning and quality of ad impressions, and examining compliance with the CCPA and other standards;
• Detecting security incidents, protecting versus malicious, deceptive, dishonest, or illegal interest, and accusing those accountable for that activity;
• Correcting to recognize and repair errors that impair existing intended functionality;
• Short-term, momentary uses;
• Accomplishment or using services, including sustaining or servicing accounts, providing client service, processing or fulfilling orders and businesses, verifying customer Data, handling payments, providing funding, providing or using advertising or marketing services, offering or using analytic services, or providing or using similar services;
• Undertaking internal research for technical improvement and validation;
• Embark on events to verify or maintain the quality or safety of services and tools and to improve, upgrade, or enhance services and devices; and
• Facilitating the operational intentions of CyberFox GmbH or our service providers.
Categories of Personal Data that May Have Been Sold
CyberFox GmbH sold all of the above personal data categories in the last 12 months.
Categories of Personal Data that Were Disclosed
CyberFox GmbH disclosed all of the above types of Personal Data in the last 12 months.
SPAM
CyberFox GmbH and its affiliates (Cybermarts.com ) maintain a strict “No-Spam” policy, which means that CyberFox GmbH and its affiliates (Cybermarts.com ) do not intend to sell, rent, or otherwise give your email address to a third party without your consent.
• CAN-SPAM ACT OF 2003
The CAN-SPAM Act establishes conditions for business messages, gives receivers the right to have companies stop emailing them, and brings out penalties for breaches. Per the CAN-SPAM Act, we will:
• Do Not use false or deceptive subjects or email addresses;
• Identify the email communication as an advertisement in some reasonable way;
• Include the physical address of CyberFox GmbH (Am bhf Westend 9-11, 14059 Berlin, Germany)
• Monitor third-party email advertising services for compliance if one is used;
• Honor opt-out/unsubscribe appeals quickly; and
• Give an “opt-out” or “unsubscribe” option.
If you hope to opt out of email advertising, follow the directives at the base of each email or contact us at privacy@cybermarts.com. We will promptly remove you from all future advertising correspondence.
COPPA AGREEMENT (FOR CHILDREN BENEATH 13 USERS ONLY)
The Children’s Online Privacy Security Act (“COPPA”) is federal legislation that applies to entities that gather and store “Personal Data,” as the term is defined below COPPA, from kids below the age of 13. We are committed to ensuring compliance with COPPA. Our Website is not meant for children under the age of 13. Our Website does not target kids under 13, but we do not age-screen or prevent the gathering, use, and personal disclosure of persons under 13. If you wish to know more about our procedures, specifically those concerning COPPA compliance, please email us at privacy@cybermarts.com.
IF YOU ARE LESS THAN 18, PLEASE DO NOT ACCESS OR USE OUR WEBSITE.
CHILDREN’S DATA
Our Website, studies, and panels are not addressed toward kids under the age of 18, and we do not intentionally collect individual data from children under 18. If a Kid below 18 has provided us with personal data, we may disable the personal profile or seek a parent or guardian to consent for the child’s profile.
PROMOTIONAL COMMUNICATIONS
• You may opt out of receiving advertising connections from us at any time by Registering online and informing your preferences.
• Contacting us by phone, email, or postal mail. Or following the removal guidelines in the communication you receive.
COPYRIGHT INFRINGEMENT/DMCA NOTICE
Suppose you believe that any content on our Website disregards your copyright, and you wish to have the allegedly violating material removed. In that case, the following Data in the form of a written notification (according to the Digital Millennium Copyright Act of 1998 (“DMCA Takedown Notice”)) must be provided to our Authorized Copyright Agent.
• Your physical or electric sign.
• Recognition of the copyrighted work(s) you appeal to have been breached.
• Identify the information on our Site that you claim is infringing and that you ask us to eliminate.
• Adequate Data to permit us to locate such information.
• Your address, email address, and telephone number
• A statement that you have a great faith belief that the use of the offensive material is not allowed by the copyright owner, its agent, or beneath the law; and
• A statement that the Data in the announcement is exact and under penalty of falsification, that you are either the proprietor of the copyright that has been violated or that you are allowed to act on behalf of the copyright owner.
CyberFox GmbH and its affiliates (Cybermarts.com) Copyright Agent to receive DMCA Takedown Notices is Am bhf Westend 9-11, 14059 Berlin, Germany, privacy@cybermarts.com, at CyberFox GmbH, Inc., Attn: Am bhf Westend 9-11, 14059 Berlin, Germany.
You acknowledge that for us to be permitted to bring down any subject, your DMCA Takedown Notice must comply with this Section’s requirements.
FOR OUR EUROPEAN CUSTOMERS AND VISITORS
If you are positioned in the European Union, please take note that the Info we collect from you may be transferred to and managed in the United States, or other jurisdictions, where the applicable privacy protections may not be as comprehensive as those of your country of residence or citizenship, to fulfill the business purposes outlined in this Privacy Policy. By providing us with any Data, you consent to your Data being transmitted to and processed in the United States, or other countries whose confidentiality protections may be less comprehensive.
We will fulfill the EU Standard Contractual Clauses concerning the transfer of personal data from the E.U. to the U.S. for processing. Suppose there is any conflict between the terms and requirements in this Privacy Policy and your rights under the EU Standard Promised Clauses. In that case, the terms and conditions in the EU Standard Contractual Clauses will govern. For this Privacy Policy, “EU Standard Contractual Clauses” mean the standard predetermined clauses for transferring personal data to processors recognized in the U.S. (Commission Decision 2010/87/E.C.).
Obligations of the data distributor (processors)
The information importer agrees and warrants:
• To process the individual data only on behalf of the data exporter and in agreement with its commands and the Clauses; if it cannot provide such understanding for whatever explanations, it agrees to inform promptly the data exporter of its inability to comply, in which case the data exporter is entitled to suspend the transfer of data and terminate the agreement;
• That it has no reason to deem that the legislation appropriate to it prevents it from satisfying the instructions received from the data exporter and its responsibilities under the arrangement and that in the event of an alteration in this regulation which is likely to have a substantial opposing outcome on the warranties and obligations providing by the Clauses, it will promptly notify the transition to the information exporter as soon as it is aware, in which case the information exporter is permitted to suspend the assignment of data and terminate the contract
• That it has implemented technological and organizational safety measures before handing out the individual data transferred.
That it will promptly report to the data exporter regarding the following:
• Any legally binding appeal for the revelation of personal data by a law enforcement authority except otherwise prohibited, such as a prohibition under criminal law to preserve the confidentiality of a law implementation investigation,
• Any accidental or unauthorized access
• Any request received directly from the data studies without responding to that invitation unless it has been otherwise authorized to do so.
• To deal promptly and appropriately with all inquiries from the data exporter relating to its managing of the individual data subject to the transfer and to abide by the recommendation of the supervisory authority about the processing of the data transferred.
• At the request of the data, the exporter is to submit its data processing facilities for an audit of the processing activities covered by the Clauses, which shall be approved by the data exporter or an inspection body composed of autonomous members and in the custody of the mandatory professional qualifications bound by a duty of confidentiality, selected by the data exporter, where applicable, in agreement with the supervisory authority;
• To make available to the data topic upon request a copy of the Sections, or any current agreement for sub-processing, unless the Clauses or agreement contain commercial Data, in which case it may eliminate such commercial communication, except for Appendix 2, which shall be substituted by a summary description of the security measures in those circumstances where the data subject is unable to attain a copy from the data exporter;
• In the event of sub-managing, it has formerly informed the data exporter and obtained its prior written consent.
Obligations of the data exporter
The data exporter agrees and warrants:
• That the processing, comprising the transmission itself, of the personal data has been and will endure to be carried out under the relevant provisions of the applicable data protection law (and, where appropriate, has been informed to the relevant authorities of the Member State wherever the data exporter is established) and does not disrupt the applicable provisions of that State;
• It has instructed and throughout the individual data processing services will command the data importer to practice the personal data transmitted only on the exporter’s behalf and under the applicable data security law and the Clauses.
• The data importer will provide adequate agreements regarding the technical and organizational security measures.
• That after assessment of the requirements of the applicable data protection law, the security measures are appropriate to protect personal data against accidental or unlawful destruction or accidental loss, alteration, unauthorized disclosure, or access, in particular where the processing involves the transmission of data over a network, and against all other unlawful forms of processing, and that these measures ensure a level of security appropriate to the risks presented by the handling and the countryside of the data to be protected having regard to the State of the art and the cost of their execution;
• That it will confirm agreement with the security measures;
• That, if the transmission involves unique categories of information, the data topic has been informed or will be notified before, or as soon as probable after, the transfer that its data could be communicated to a third country, not providing acceptable protection within the meaning of Directive 95/46/E.C.;
• To make accessible to the information subjects upon demand a copy of the Clauses, with a summary explanation of the security actions, as well as a copy of any agreement for sub-processing services which has to be made under the Clauses, unless the Clauses or the agreement contain commercial data, in which case it may remove such marketable Data; and
• In the event of sub-processing, the handling activity is carried out with at least the same level of security for the individual data and the rights of data question as the data importer under the Clauses.
Liability
• Any data subject who has suffered damage due to any breach of the obligations by any party or sub-processor is entitled to compensation from the Data exporter for the injury sustained.
• Suppose a data subject cannot bring a claim for compensation under paragraph beside the Data exporter, occurring out of a breach by the Information importer or his sub-processor of some of their commitments because the data exporter has factually disappeared or concluded to exist in law or has become insolvent. In that case, the data importer approves that the data subject may issue a claim against the data trader as if it were the data exporter, except any beneficiary entity has expected the entire legal obligations of the data exporter by the contract or by the procedure of law, in which case the data topic can enforce its rights against such entity.
CONTACT DATA
If you have any inquiries or worries about privacy-related issues, you may contact:
Email:privacy@cybermarts.com
Address: Am bhf Westend 9-11, 14059 Berlin, Germany
FAIR DATA PRACTICE STANDARDS
In the case of a confidential data violation, we shall notify you inside seventy-two-two days of the breach via (i) email and (ii) our notification system on our Website. We agree to the specific redress principle, which entails that individuals have a right to pursue legally enforceable rights versus data gatherers and processors who fail to adhere to the law. This principle requires that individuals have enforceable rights against data users and have recourse to courts or a government organization to inspect and prosecute non-compliance by data processors.
CHANGES TO THE PRIVACY POLICY
CyberFox GmbH and its affiliates (Cybermarts.com ) may at any time, and in its sole responsibility, amend its Terms and Conditions, including this Privacy Policy. Past versions of this Privacy Policy can be found below. If there are material changes to the Terms and Conditions or this Privacy Policy, CyberFox GmbH and its affiliates (Cybermarts.com ) will make reasonable efforts to notify you. Please review our Terms and Conditions, and this Privacy Policy, periodically. Your continued use of the Website or participation in our research projects after any such amendments signifies your acceptance and agreement.
JURISDICTION
These Terms and Circumstances, and our Privacy Policy, comprise the entire contract between you and CyberFox GmbH and its affiliates (Cybermarts.com ). This contract shall be regulated by and construed under EU law.
Effective Date: Oct 22, 2023