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Privacy policies

January,  2024

 

This privacy policy explains how Questly hereinafter Sim1.tech or “Sim1” handles your personal information and data, and applies to all products, services and websites offered by Sim1, and its affiliates (collectively, “Sim1”), except where otherwise indicated. Sim1 products, services and websites are collectively referred to as “services” in this policy. Unless otherwise stated, all services are provided by Sim1 which is based in the United States.

In this policy, "you" refers to those who use and/or interact with any or all of our products, services and websites, and "we", "us" and "our" refer to Sim1. "Customer" specifically refers to those who use Sim1's services. "Form Responders" refers to those who fill out and/or submit the forms used by our Clients.

INFORMATION COLLECTED FROM OUR CLIENTS.

Registration information. When you register for an account with us to create and/or use forms, we collect your username, password and email address.

Billing information. If you make a payment to Sim1, we ask that you provide your billing information, including name, address, email address, and financial information corresponding to the selected payment method (for example, a credit card number and your expiration date or a bank account number). If you provide a billing address, we will consider it the location of the account holder. Our integrations with third-party payment gateways are for processing only. We do not store or record any sensitive cardholder data provided by you or your form users. We follow industry best practices to protect the security of cardholder data during processing and transmission Sim1 

Account settings. Our customers can set various preferences and personal data on pages such as their account settings. For example, your default language, time zone, and communication preferences (for example, whether or not to receive marketing emails from us).

Form data. We store data from our customers' forms (questions and answers), in some cases using third-party server providers, such as Amazon Web Services and Google Cloud.

The data you use to create forms is your property. Sim1 treats your forms as private unless you make them publicly available. We do not sell or make available to anyone the forms you create, or use the form responses you collect, for purposes unrelated to you or our services, except in a limited set of circumstances (for example, if Sim1 is compelled by a subpoena or court order, or if you have given us permission to do so).

Sim1 protects respondents' email addresses. To make it easier for you to invite people to fill out your forms by email, you can upload lists of email addresses, in which case we act as mere custodians of that data. We do not sell these email addresses or make them available to others except as directed by you and in accordance with this policy. The same goes for email addresses collected through your forms.

Usage data.

We collect usage data when you interact with our services. This may include what web pages you visit, what you click on, when you perform those actions, etc. Additionally, like most websites today, our web servers keep log files that record data each time a device accesses those servers. Log files contain data about the nature of each access, including source IP addresses, Internet service providers, files displayed on our site (e.g. HTML pages, graphics, etc.), system versions operation and timestamps.

Device data. We collect data from the device and application you use to access our services, such as your IP address, operating system version, device type, system and performance information, and browser type. We may also infer your geographic location based on your IP address.

Reference Data. If you arrive at a Sim1 website from an external source (such as a link on another website or in an email), we record information about the source that referred you to us.

Third Party Information. We may collect your personal information or data from third parties, if you have given those third parties permission to share your information.

Page tag information. We use third-party tracking services that use cookies and page tags (also known as web beacons) to collect aggregated, anonymous data about visitors to our websites. This data includes usage and user statistics. Emails sent by Sim1 or by users through our services may include page tags that allow the sender to collect information about who has opened those emails and clicked on the links they contain. We do this so that the email sender can measure the performance of their email messages and know how to improve email deliverability and open rates.

Consult our Cookies Policy for more information

From form responders.

When you fill out or complete a form used by one of our clients, we collect information related to you and your use of our services:

Responses to forms. We collect and store responses to forms you submit, in some cases using third-party server providers such as Amazon Web Services or Google Cloud, on behalf of our Clients. The creator of the form (Client) is responsible for and manages this data. A form may ask you to provide personal information or data. If you have any questions about a form that a Client has sent you or given you access to fill out, or about the data you must provide on the form, please contact the creator of the form directly, as Sim1 is not responsible for the content. of said form. The form creator may have their own privacy policy.

Anonymity in form responses.

You will need to ask the form creator as it depends on how the individual, company or organization has decided to set up the form or forms. We provide information to form creators on how they can collect responses anonymously. However, even if the form creator has followed these steps, some specific questions on the form may ask for your personal information or data that can identify you.

MANAGEMENT OF YOUR INFORMATION.

We treat unique questions and answers on forms as private information, unless a party other than Sim1 has made that information public. We do not use form data in any way other than as described in this privacy policy without the consent of our clients. We do not sell customer form data or make it available to third parties without customer permission.

We use the information collected and provided by our clients to do the following for our clients:

Provide technical services and support, help them design and create forms, provide technical troubleshooting, manage our relationship with them, and collect information about how they use our services.

Some features of our services use the content of questions and answers from forms and customer account information additionally. Job descriptions will identify cases where this occurs. Customers can prevent the use of form data in this way by simply choosing not to use such features. For example, when you use our form templates feature to add questions to forms, you also allow us to aggregate the answers you receive to those questions with the answers received by other form template users who have used the same questions. We can then compile statistics on the aggregated (and unlinked) data sent to you and other form creators.

If you choose to link your Sim1 account with a third party, such as your Google or Facebook account, Sim1 may use the information you allow us to collect from those third parties to offer you additional features, services and personalized content.

In order to provide you with useful options for using the Services in conjunction with social networks and other applications, we may give you the option to export information to, and collect information from, third-party applications and websites, including platforms such as Google and Twitter and social networking sites. social networks like Facebook. By exporting and collecting such information, you may be disclosing your information to the persons or organizations responsible for operating and maintaining such third-party applications and sites, and your information may be accessible by others who visit or use such applications or sites.

We do not own or operate the third-party applications or websites to which you connect - you should review the privacy policies and statements of such websites to ensure that you are comfortable with how they use the information you provide. Share with them.

To manage our services. We use your information, including certain form data, for the following limited purposes:

To monitor, maintain and improve our services and features . We internally perform statistical and other analyzes on the information we collect, including usage data, device data, referral data, question and answer data, and page tag information, to analyze and measure user behavior and trends, to understand how users use our services, and to monitor, troubleshoot, and improve our services, including to help us evaluate and design new features. We may use your information internally to maintain the security and operation of our services, for example, for troubleshooting and testing, and to improve service, marketing, research and development.

To enforce our terms of use and prevent potentially illegal activities.

To detect and prevent undesirable or abusive activities. For example, we have automated systems that scan content for activities such as phishing, spam, and fraud.

To create new services, functions or content. We may use your form data and form metadata (that is, data about the characteristics of a form) for our internal purposes of creating and providing new services, features or content. When it comes to form metadata, we can look at statistics such as response rates, word count of questions and answers, and the average number of questions on a form, and publish interesting observations about them for informational or educational purposes. marketing. When we do this, the individual creators of the forms or those responding to them will not be identified or identified unless we have obtained their permission.

To facilitate the account creation and login process. If you choose to link your Sim1 account to a third-party account, such as your Google or Facebook account, we use the information you allowed us to collect from those third parties to facilitate the account creation and login process.

To contact you about your service or account. We will occasionally send you communications of a transactional nature (for example, service-related announcements, billing issues, changes to our services or policies, a welcome email when you first register). You cannot opt ​​out of receiving these types of communications, as they are necessary to provide you with our services.

To contact you for marketing purposes. We will only send you promotional emails if you have consented to us contacting you for this purpose. You may opt out of receiving these communications at any time by clicking the "unsubscribe" link in them, or by changing the appropriate settings on your My Account page.

Legal process and requests for information from law enforcement.

As a service provider, Sim1 is legally obliged to hand over user data in our possession when we receive valid legal process from government authorities with appropriate jurisdiction. We strive to balance the needs of law enforcement and other legal processes with the privacy of our customers and the third parties who submit their information to our customers on their forms. Accordingly, we carefully review each request for information from legal and law enforcement authorities, and when we produce personal information, we endeavor to produce only the information that is actually required.

For parties in North America, disclosures are governed by US law, specifically in the State of Miami, Florida, waiving your right to assert any legal claims outside this area, and the Federal Stored Communications Act ( "SCA"), 18 USC §§ 2701-2712. For parties located outside the US, our disclosures are governed by the laws of the applicable jurisdiction. Generally, we will provide general information such as name, subscription start date, form creation information, email address, registration IP address, and, where we deem necessary, billing information. We require a valid subpoena, or law enforcement request, issued in connection with an official criminal investigation.

 

Response form.

Personal information that a form responder includes on a form belongs to the responder, unless the responder has assigned rights to that information to the Client who provided the form. Consult with the client if you have questions about this. The form submission data is managed by its creator (the Client). Sim1 treats that information as private unless it has been made public by the responder and/or the Client. Contact the form creator directly to find out how they use their form responses. Some form creators may provide you with a privacy policy or notice at the time you fill out their form, and we encourage you to review it to understand how the form creator will treat your responses.

We do not sell the personal information collected in the forms. We will not use the contact details collected on our clients' forms to contact people who respond to the form.

Please see the section above for information on how we use data provided by our clients or to which our clients have given us access.

Website Visitors

See the section above regarding information relating to visitors to our websites. We use that information, including, but not limited to, cookies, customer data, usage data, device data, referral data, and page tag information, to manage and improve our services, to serve and support our Customers, to research purposes and for the various other purposes described in this privacy policy.

There is no sale or rental of your information

We will not sell or rent your personal information to third parties. We may disclose aggregate demographic and statistical information with our business partners, but this information is not specific to identifying you as an individual.

We may generally disclose information to third parties, for limited purposes, as follows:

Your information to our service providers. We use service providers who help us provide our services to you. We give some of these providers' staff access to your information, but only to the extent necessary for them to perform their services for us. Our contracts with service providers require them to maintain technical protections to ensure the confidentiality of your personal information and data, to use it only for the provision of their services to us, and to handle it in accordance with this privacy policy. Examples of service providers include payment processors, hosting services, email service providers, and web traffic analysis tools.

Your account information to your billing contact. If your account holder information is different from the billing contact listed on your account, we may disclose your account holder's identity and account information to the billing contact upon request. We will generally attempt to notify you of such requests. By using our services and accepting this privacy policy, you agree to this disclosure.

Your email address to your organization. If the email address with which you have registered your account is owned or controlled by an organization, we may disclose that email address to that organization to help it understand who associated with that organization uses our services, and to help the organization with its business accounts.

Aggregated or de-identified (anonymous) information to third parties to improve or promote our services. We do this so that no person can reasonably be identified or linked to any of the information we share with third parties to improve or promote our services.

The presence of a cookie to advertise our services. We may ask advertising networks and exchanges to display ads promoting our services on other websites. We may ask those parties to display those ads based on the presence of a cookie that was placed when you visited one of our websites, but in doing so we will not share any other personal information with the advertiser. Our ad network partners may also use cookies and page tags or web beacons to collect certain non-personal information about your activities on this and other websites in order to provide you with targeted advertising based on your interests.

Your information if required or permitted by law. We may disclose your information as required or permitted by law, or when we believe that disclosure is necessary to protect our rights, protect your safety or the safety of others, and/or to comply with a judicial proceeding, court order, subpoena or other process. legal that has been notified to us.

Your information if there is a change in ownership or structure of the business. If the ownership of all or substantially all of our business changes, or we undertake a corporate reorganization, including a merger, acquisition or consolidation or any other action or transfer between Sim1 entities, you expressly consent to Sim1 transferring your information to the new owner or successor entity so that we can continue providing our services.

Information that you expressly consent to be shared. For example, Sim1 may expressly request your permission to provide your contact details to third parties for various purposes, including to enable such third parties to contact you for marketing purposes. If you give your permission, you can revoke it later, but if you want to stop receiving communications from a third party to whom we have provided your information with your permission, you will need to contact that third party directly.

If you are a client, you can control who can take your form by changing the collector settings. For example, forms can be completely public and indexable by search engines. You can also choose to share your form responses instantly or in a public place.

Please note that if you are a form responder or a customer who has entrusted us with safeguarding the privacy of your personal information, we will not disclose or share it with third parties unless (a) we have notified you, as in this privacy policy, (b) we have obtained your express consent, such as through an opt-in checkbox, or (c) we have unlinked the information so that individuals or other entities cannot reasonably be identified from it.

By using our services or visiting our websites, you agree to the disclosures described above.

In some cases, applications or user interfaces that you encounter while on our sites are operated by third parties, who may require you to provide your personal information.

We are not responsible for the privacy practices of these third-party services or applications. We recommend that you carefully review the terms of use and privacy statement of each third-party service, website and/or application before using them.

HOW LONG WE KEEP YOUR DATA

We generally retain your information for as long as you have an account with us, or as necessary to provide you services, comply with our legal obligations, resolve disputes, or comply with and enforce our agreements. Data that is deleted from our servers may remain as residual copies on external backup media for up to approximately two hundred and eighty days.

Means to exercise the rights of access, rectification, cancellation or opposition.

The Owner may at any time exercise his or her rights of access, rectification, cancellation or opposition (“ARCO” rights) by submitting a request, by means of a letter addressed to the Responsible Party with attention to the Department of Personal Data Protection, at the address of the Responsible Party. or through the email rightsarco@simetrical.com.mx , request that must be attended to within a maximum period of 20 business days, extendable in terms of Law, counted from the date of receipt of the request, with acknowledgment of receipt. , issuing the corresponding determination for the legal effects that may arise.

The revocation of consent may be carried out under the same terms as the previous paragraph, by means of the respective cancellation request.

  1. Transfer of personal data.

The Controller informs the Owner through this Privacy Notice that they may transfer their personal data to national or foreign third parties, in the following cases:

    1. When you decide to assign to a third party, through any legal form, any right or action you have against the Owner.
  • When a third party is required to provide services or advice regarding any matter with the Owner, including research on the data provided by the latter through the “SIM1” technological platform.
  1. Changes to the Privacy Notice.

When the Controller requires to modify the content of this Privacy Notice, it will inform the Owner, making the new Privacy Notice available to him or her, by publishing it in the offices of the Controller or in the web or mobile applications of the technological platform. “SIM1” applying as appropriate what is established in the Law itself, for the manifestation of the will of the Owner.

If you do not agree with the terms of this Privacy Notice, you must express your opposition in the manner indicated in section IV above, otherwise, it will be understood that you have given your consent.

The Controller invites you to periodically review this Privacy Notice, to be informed about what is related to your personal data.

By accepting this Privacy Notice, it is understood that your consent has been granted for the processing of your Personal Data in accordance with it.

REQUESTS FOR DELETION, MODIFICATION OR WITHDRAWAL OF CONSENT - STANDARD CONTRACTUAL CLAUSES (PROCESSORS)

For the purposes of Article 26(2) of Directive 95/46/EC for the transfer of personal data to processors established in third countries that do not guarantee adequate data protection.

You may have the right to request that we delete or amend your personal information. You may also have the right to withdraw your consent, where this is the basis for the processing of your personal information. We apply the same procedures, limitations and exceptions set out for residents of the European Economic Area (EEA) in this privacy policy to all those who make such requests for deletion or modification of personal information, or withdrawal of consent for the processing of personal information. personal information, regardless of geographic location.

If you are an EEA resident, please see below for more specific details on how it applies to you.

Contractual obligations. For the performance of contractual obligations between you and Sim1, including Sim1's terms of use and/or in our separate written contract with you.

Consent . Where required by law, we may process your personal information in some cases for marketing purposes on the basis of your consent (which you may withdraw at any time after you have given it, as described in this privacy policy).

Your rights.

Deletion of personal information

You may have the right to request that we delete your personal information in certain specific circumstances. If you wish to exercise this right, send your request using this form or you can send an email to support@simdatagroup.com. We will consider all such requests and provide you with a response within a reasonable time (but no longer than one calendar month from receipt of your request, unless we advise you that we are entitled to a longer time under applicable law) . We may ask you to verify your identity before responding to your request. Certain personal information may be exempt from such requests in certain circumstances, including those provided for in this privacy policy.

Access, update, data portability and other rights

You may also have the right to access your information, to update your personal information that is outdated or incorrect, to restrict the use of your personal information in certain specific circumstances, to submit a data portability request (applicable only when we use your information on the basis of your consent or the performance of a contract, and where our use of your personal information is carried out by automated means), and to ask us to consider any valid objection you have to our use of your personal information when We process on the basis of our legitimate interest or that of another person. Requests must be directed through this form.

We will consider all such requests and give you a response within a reasonable time (but no longer than one calendar month from receipt of your request, unless we tell you that we are entitled to a longer time under applicable law). We may ask you to verify your identity before responding to any of your requests. Certain personal information may be exempt from such requests in certain circumstances, including those provided for in this privacy policy.

Privacy of minors.

Use of our websites is directed to adults who are at least eighteen (18) years of age. We do not knowingly collect personally identifiable information from children under the age of eighteen.