Last updated: April 30, 2018
The following are the terms and conditions for use of this website and Survey Funnel.io ("Survey Funnel.io," "us," "we," or "our") proprietary online customer communication and retention service (the "Service"). These terms also contain details about our FORMER licensing partner RL and Associates LLC (“RL and Associates”, “former licensing partner”, "Next Level Marketing Group"). Our former licensing partner is no longer associated with SurveyFunnel.io but our past relationship with them affects some clients and requires us to have a separate terms of service. Please read this document carefully before using the Service.
The following terms of service apply to everyone who is NOT a client of our former licensing partner.
If you are a client of our former licensing partner then this document does NOT apply to you and instead you should contact us directly for terms and conditions that affect your account. You can contact us at help [at] surveyfunnel.io
BY COMPLETING THE REGISTRATION PROCESS, YOU (the terms "you," "your" or "yours" include the person or entity that is registered with the Service as well as any third parties accessing the Service on your behalf ) ARE STATING THAT YOU AGREE TO BE BOUND BY ALL OF THESE TERMS AND CONDITIONS OF THE SERVICE (the "Agreement"). The Service is offered to you conditioned on your acceptance without modification of the terms, conditions, and notices contained herein.
To register for the Service and create an account, you must complete the registration process on our home page at SurveyFunnel.io and provide complete and accurate information as prompted by the registration form, including your e-mail address. You shall protect your password and take full responsibility for your own, and third party, activities that occur under your account. You agree to notify Survey Funnel.io immediately of any unauthorized use of your account or any other breach of security.
From time to time, Survey Funnel.io may find it necessary to access your account. For instance, Survey Funnel.io may access your account for support, maintenance, or security-related reasons. In such an event, Survey Funnel.io will, if practicable, provide you notice of its intent to use your username and password to do so. Regardless of whether such notice is provided, you acknowledge and consent to such access.
Account Activation and Expiration
As a condition of your subscription to the Service, you agree to pay all applicable service fees to us (the "Service Fees"). The Service Fees will be billed no more frequently than once monthly. Unless otherwise stated, all fees are stated in U.S. Dollars. All Service Fees are payable monthly by charging the credit card that you provided during the registration process. You hereby certify to us that you are at least 18 years of age and that you are the cardholder of the credit card you provided during registration. We reserve the right to deactivate your access to the Service for failure to pay applicable Service Fees. If your credit card expires during the term of this Agreement, you hereby allow us to charge any card issued to you as a replacement for such expired credit card.
You can cancel your account at any time by clicking on "Cancel Account" from any page on the Survey Funnel.io website. Once you are on the "Cancel Account" page, you can choose to cancel your account. An email request to cancel your account is not considered cancellation. While we try to respond to email requests to cancel accounts, we may not receive or respond to all emails. We do not prorate any fees, charges, or applicable taxes associated with the Service upon any termination or cancellation which does not occur pursuant to, and in accordance with, our expressly stated policy regarding refunds.
Subject to your compliance with the terms and conditions of this Agreement, Survey Funnel.io hereby grants you a limited, revocable, non-exclusive, non-transferable license to use the Service provided by Survey Funnel.io solely for your own individual business purposes.
Except as expressly set forth herein, you shall not (i) use, reproduce, modify or create derivative works of the Service, or (ii) transfer, lease, lend, sublicense, use for timesharing or service bureau purposes, resell or otherwise distribute or allow third party access to all or any portion of the Service, including, but not limited to, by sharing your access username and/or password.
By providing us with your e-mail address, you agree to receive all required notices electronically at that e-mail address. It is your responsibility to update or change that address, as appropriate.
You hereby grant to us a worldwide, nonexclusive right to (i) use and display, and make available to third parties for use and display, in connection with the Service any information, materials, logos, data or content that you choose to provide us or display for the Service or on our website and (ii) contact on your behalf the customers whose information you provide to us in connection with the Service.
With the Service, You may direct us to retrieve information regarding your accounts with third-party providers with which you (i) have a relationship, (ii) maintain an account, or (iii) engage in online services ("Account Information"). Survey Funnel.io makes no effort to review the Account Information for any purpose, including, but not limited to, accuracy, legality or non-infringement. Survey Funnel.io is not responsible for the products and services offered by or on third-party websites.
Survey Funnel.io cannot always foresee or anticipate technical or other difficulties that may result in failure to obtain data or loss of data or other service interruptions. Survey Funnel.io cannot assume responsibility for the timeliness, accuracy, deletion, non-delivery or failure to store any data or communications. For example, when displayed through the Service, Account Information is only as fresh as the time shown, which reflects when the information is obtained from the relevant websites. Such information may be more up-to-date when obtained directly from such sites. You can refresh your Account Information through the Service, in the manner prescribed in the associated instructions.
As a condition of your use of and access to the Service, you agree to pay the Service Fees to us. We may change the Service Fees for any or all of the Service at any time and from time to time, effective immediately upon your receipt of notice of such fee change; provided, that, such fee changes will only be effective as to usage of the Service that occurs after the effective date of the relevant fee change. If we are unable to reach you or receive a reply then we will cancel your access to the Service but keep your data for 30 calendar days past cancellation.
You agree that Survey Funnel.io and its affiliated companies and agents may collect, maintain, process and use diagnostic, technical, usage and related information, including, but not limited to, technical information about your computer, system, links, traffic, application software and peripherals, that is gathered through use of the Service to facilitate the provision of updates to the Service, support and other services to you and other users related to the Service, and to verify compliance with the terms of this Agreement. Survey Funnel.io may use this information, as long as it is collected anonymously in a form that does not personally identify you, to improve our Service or to provide other services or technologies to you or our other users. In addition, you agree that Survey Funnel.io and its affiliated companies and agents may collect, maintain, process and use the personal information of your customers that is supplied to us (or obtained by us) in connection with the Service in order to contact such customers on your behalf and to improve the Service.
Each party to this Agreement (a "Party") shall treat as confidential all Confidential Information of the other Party, shall not use such Confidential Information, except as expressly permitted under this Agreement, and shall not disclose such Confidential Information to any third party without such other Party's prior written consent. Each Party shall take reasonable measures to prevent the disclosure and unauthorized use of Confidential Information of the other Party.
The term "Confidential Information" shall mean any information disclosed by one Party to the other Party in connection with this Agreement that is disclosed in writing or orally and is identified as "Confidential" or which a Party should reasonably believe is treated as confidential by such other Party, and any other information disclosed by Survey Funnel.io that relates to the Service (including your password) that is not publicly known. Notwithstanding the foregoing, "Confidential Information" shall not include information that: (i) was developed independently by the receiving Party without any use of the Confidential Information of the other Party or by employees of the receiving Party who have no knowledge of such Confidential Information; (ii) becomes known to the receiving Party, without restriction, from a third party without breach of this Agreement or any other obligation of confidentiality; (iii) was in the public domain at the time it was disclosed or enters the public domain through no act or omission of the receiving Party; (iv) was rightfully known to the receiving Party as demonstrated by prior written records at the time of disclosure; or (v) is disclosed by agreement of the Parties or pursuant to the order or requirement of a court, administrative agency, or other governmental body; provided, however, that the receiving Party shall provide prompt notice thereof to the other Party and shall use commercially reasonable efforts to obtain a protective order or otherwise prevent public disclosure of such information.
Except for the limited license expressly granted herein, Survey Funnel.io expressly reserves all right, title and interest in and to the Service, the content of the Survey Funnel.io website, and all processing, analytics, data and other software and technology used by Survey Funnel.io in the provision of the Service ("Survey Funnel.io Technology"), including, without limitation, any derivatives, improvements, enhancements or extensions of the Survey Funnel.io Technology conceived, reduced to practice or otherwise developed by or on behalf of Survey Funnel.io, all of which are valuable assets of Survey Funnel.io, together with any copyright, patent or trademark or other intellectual property right, or federal or state right, pertaining thereto.
You shall not: (i) use, or allow the use of, the Service or any Survey Funnel.io Technology, except pursuant to the limited rights expressly granted in this Agreement; (ii) use the Service in any manner that is inconsistent with user documentation, if any, supplied to you by Survey Funnel.io or inconsistent with Survey Funnel.io's standard security procedures, if any, accessible through your user interface; (iii) attempt to reverse-engineer, hack into, or compromise any aspect of the Service or Survey Funnel.io Technology, or attempt to access data of any other customer of Survey Funnel.io; (iv) remove, obscure or alter any legal notices, including notices of intellectual property rights appearing in or on any materials delivered to you by Survey Funnel.io; (v) use, post, transmit or introduce any device, software or routine which interferes or attempts to interfere with the operation of the Service; or (vi) use any robot, spider, scraper, deep link or other similar automated data gathering or extraction tools, program, algorithm or methodology to access, acquire, copy or monitor linkcontrol.com or any portion of www.parprogram.com, without our express written consent, which may be withheld in our sole and absolute discretion.
You agree to indemnify, hold harmless and defend Survey Funnel.io and its officers, directors, employees, agents, and affiliates, at your expense, against any and all third party claims, actions, proceedings, and suits brought against Survey Funnel.io or any of its officers, directors, employees, agents or affiliates, and all related liabilities, damages, settlements, penalties, fines, costs or expenses (including, without limitation, reasonable attorneys' fees) incurred by Survey Funnel.io or any of its officers, directors, employees, agents or affiliates, arising out of or relating to (i) your breach of any term or condition of this Agreement, (ii) your use of the Service or the Survey Funnel.io website, (iii) your unauthorized use of the Service, (iv) any content, copyrighted material, data, products, services, or other materials you supply to Survey Funnel.io or display in connection with the Service, or (v) your violation of any third party rights, including, without limitation, any copyright, privacy, or property rights. In such a case, Survey Funnel.io will provide you with written notice of such claim, suit or action. You shall cooperate as fully as reasonably required in the defense of any such claim, suit, or action. Survey Funnel.io reserves the right, at its own expense, to assume the exclusive defense and control of any matter subject to indemnification by you.
The information, reports and services included in or available through the Service may include inaccuracies or typographical errors. Changes are periodically added to the information herein. Survey Funnel.io and/or its respective suppliers may make improvements and/or changes in the Service at any time, without obligation to notify any person or entity of such changes.
Survey Funnel.io does not represent or warrant that (i) the Service will be error-free or accessible at all times, (ii) defects will be corrected, (iii) the Service or the server that makes it available, are free of viruses or other harmful components, or (iv) the use or the results of the use of the Service or the materials made available as part of the Service will be correct, accurate, timely, or otherwise reliable. You specifically agree that Survey Funnel.io shall not be responsible for unauthorized access to or alteration of your data.
THE SERVICE IS PROVIDED "AS IS" AND Survey Funnel.io MAKES NO WARRANTIES, CLAIMS OR REPRESENTATIONS, EITHER EXPRESS, IMPLIED, OR STATUTORY, WITH RESPECT TO THE SERVICE, INCLUDING WARRANTIES OF QUALITY, PERFORMANCE, NON-INFRINGEMENT, MERCHANTABILITY, OR FITNESS FOR A Survey Funnel.ioTICULAR PURPOSE, NOR ARE THERE ANY WARRANTIES CREATED BY COURSE OF DEALING, COURSE OF PERFORMANCE, OR TRADE USAGE. Survey Funnel.io DOES NOT WARRANT THAT THE SERVICE WILL MEET YOUR NEEDS OR BE FREE FROM ERRORS, THAT THE OPERATION OF THE SERVICE WILL BE UNINTERRUPTED, AS TO THE RESULTS THAT MAY BE OBTAINED FROM USE OF THE SERVICE, OR AS TO THE ACCURACY, RELIABILITY, OR CONTENT OF ANY INFORMATION OR PRODUCTS PROVIDED THROUGH THE SERVICE. THE FOREGOING EXCLUSIONS AND DISCLAIMERS ARE AN ESSENTIAL PART OF THIS AGREEMENT AND FORMED THE BASIS FOR DETERMINING THE PRICE CHARGED FOR THE SERVICE. SOME STATES DO NOT ALLOW EXCLUSION OF AN IMPLIED WARRANTY, SO THIS DISCLAIMER MAY NOT APPLY TO YOU.
You represent and warrant that (i) you will comply with all applicable State and Federal laws; (ii) you will not post content and other media that contains or promotes, or links to another website that contains or promotes, libelous, defamatory, abusive, violent, prejudicial, obscene, sexually explicit or illegal content, products, services or activities; (iii) you own or have the legal right to use and distribute all content, data, copyrighted material, products, and services displayed in connection with the Service or provided by you to Survey Funnel.io; (iv) you shall not offer or promote products or services (or websites or links to websites) containing any pornographic, racially or ethnically discriminatory, political, software pirating or hacking, hate-mongering, or otherwise objectionable or illegal content; and (v) you shall at no time use Survey Funnel.io's proprietary software or any materials provided by Survey Funnel.io or any third party in the Service in any manner other than that which is specifically contemplated herein.
SurveyFunnel.io WILL NOT BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY INDIRECT, SPECIAL, PUNITIVE, CONSEQUENTIAL (INCLUDING, WITHOUT LIMITATION, LOST PROFITS OR LOST DATA COLLECTED THROUGH THE SERVICE), OR INCIDENTAL DAMAGES, WHETHER BASED ON A CLAIM OR ACTION OF CONTRACT, WARRANTY, NEGLIGENCE, STRICT LIABILITY, OR OTHER TORT, BREACH OF ANY STATUTORY DUTY, INDEMNITY OR CONTRIBUTION, OR OTHERWISE, EVEN IF Survey Funnel.io HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE EXCLUSION CONTAINED IN THIS Survey Funnel.ioAGRAPH SHALL APPLY REGARDLESS OF THE FAILURE OF THE EXCLUSIVE REMEDY PROVIDED IN THE FOLLOWING Survey Funnel.ioAGRAPH. SOME STATES DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE LIMITATIONS OR EXCLUSIONS IN THIS AND THE FOREGOING Survey Funnel.ioAGRAPH MAY NOT APPLY TO YOU.
NOTWITHSTANDING ANYTHING SET FORTH IN THIS AGREEMENT TO THE CONTRARY, Survey Funnel.io'S CUMULATIVE LIABILITY TO YOU OR ANY OTHER PARTY FOR ANY LOSS OR DAMAGES RESULTING FROM ANY CLAIMS, DEMANDS, OR ACTIONS ARISING OUT OF OR RELATING TO THIS AGREEMENT SHALL NOT EXCEED $500 (FIVE HUNDRED UNITED STATES DOLLARS).
Either party may terminate this Agreement at any time and for any reason. Upon any termination of this Agreement, (i) Survey Funnel.io will cease providing you the Service; (ii) any outstanding balance payable by you to Survey Funnel.io will become immediately due and payable; (iv) you will not be entitled to any refunds of any Service Fees or any other fees; and (v) all of your historical data will no longer be available to you.
XIII. MODIFICATIONS TO TERMS OF SERVICE AND OTHER POLICIES
Survey Funnel.io reserves the right to change or modify any of the terms and conditions contained in this Agreement or any policy governing the Service, at any time, by posting the new agreement to the Survey Funnel.io website located at St. Augustine Florida or such other URL as Survey Funnel.io may provide. You are responsible for regularly reviewing the policy. No amendment to or modification of this Agreement will be binding unless (i) in writing and signed by a duly authorized representative of Survey Funnel.io or (ii) you continue to use the Service after Survey Funnel.io has posted updates to the Agreement or to any policy governing the Service.
You will not use the Service in any way or for any purpose that would violate, or would have the effect of violating, any applicable governmental laws, rules or regulations or any rights of any third parties, including, without limitation, any law or right regarding any copyright, patent, trademark, trade secret, music, image, or other proprietary or property right, false advertising, unfair competition, defamation, invasion of privacy or rights of celebrity. Without limiting the generality of the foregoing, you expressly acknowledge that you will not use the Service in violation of the CAN-SPAM Act of 2003, as amended. You also agree to comply with any and all applicable third party network terms and conditions and associated program rules and policies.
SurveyFunnel.io shall be excused from performance hereunder to the extent that performance is prevented, delayed or obstructed by causes beyond Survey Funnel.io's reasonable control. This Agreement (including any amendment agreed upon by the parties in writing) represents the complete agreement between Survey Funnel.io and you concerning this subject matter and supersedes all prior agreements and representations between the parties. If any provision of this Agreement is held to be unenforceable for any reason, such provision shall be reformed to the extent necessary to make it enforceable to the maximum extent permissible so as to effect the intent of the parties, and the remainder of this Agreement shall continue in full force and effect. This Agreement shall be governed by and construed under the laws of the State of Florida without reference to its conflicts of law principles. In the event of any conflicts between foreign law, rules, and regulations, and Florida law, rules, and regulations, Florida law, rules and regulations shall prevail and govern. Each party agrees to submit to the exclusive and personal jurisdiction of the courts located in the State of Florida, Douglas County. The United Nations Convention on Contracts for the International Sale of Goods and the Uniform Computer Information Transactions Act shall not apply to this Agreement. The Service is controlled by U.S. Export Regulations, and it may not be exported to or used by embargoed countries or individuals. Any notices to Survey Funnel.io must be sent to:
303B Anastasia Blvd #163, St. Augustine, FL 32080
via first class or air mail or overnight courier, and are deemed given upon receipt. A waiver of any default is not a waiver of any subsequent default. You may not assign or otherwise transfer any of your rights hereunder without Survey Funnel.io's prior written consent, and any such attempt is void. The relationship between Survey Funnel.io and you is not one of a legal partnership relationship, but is one of independent contractors. This Agreement shall be binding upon and inure to the benefit of the respective successors and assigns of the parties hereto.
XVI. SPECIAL ADMONITIONS FOR INTERNATIONAL USE
Recognizing the global nature of the internet, you agree to comply with all local rules regarding online conduct and acceptable content. Specifically, you agree to comply with all applicable laws regarding the transmission of technical data exported from the United States or the country in which you reside and to comply with any other local laws affecting the transmission or posting of content or affecting the privacy of persons.
If the Customer entity entering into this DPA has executed an order form or statement of work with Survey Funnel pursuant to the Agreement (an “Ordering Document”), but is not itself a party to the Agreement, this DPA is an addendum to that Ordering Document and applicable renewal Ordering Documents. If the Customer entity entering into this DPA is neither a party to an Ordering Document nor the Agreement, this DPA is not valid and is not legally binding. Such entity should request that the Customer entity that is a party to the Agreement executes this DPA.
This DPA shall not replace or supersede any agreement or addendum relating to processing of personal data negotiated by Customer and referenced in the Agreement, and any such individually negotiated agreement or addendum shall apply instead of this DPA.
In the course of providing the Application Services to Customer pursuant to the Agreement, Survey Funnel may process personal data on behalf of Customer. Survey Funnel agrees to comply with the following provisions with respect to any personal data submitted by or for Customer to the Application Services or collected and processed by or for Customer through the Application Services. Any capitalized but undefined terms herein shall have the meaning set forth in the Agreement.
Data Processing Terms
In this DPA, “Data Protection Legislation” means European Directives 95/46/EC and 2002/58/EC (as amended by Directive 2009/136/EC) and any legislation and/or regulation implementing or made pursuant to them, or which amends, replaces, re-enacts or consolidates any of them (including the General Data Protection Regulation (Regulation (EU) 2016/279)), and all other applicable laws relating to processing of personal data and privacy that may exist in any relevant jurisdiction.
“data controller”, “data processor”, “data subject”, “personal data”, “processing”, and “appropriate technical and organisational measures” shall be interpreted in accordance with applicable Data Protection Legislation;
The parties agree that Customer is the data controller and that Survey Funnel is its data processor in relation to personal data that is processed in the course of providing the Application Services. Customer shall comply at all times with Data Protection Legislation in respect of all personal data it provided to Survey Funnel pursuant to the Agreement.
The subject-matter of the data processing covered by this DPA is the Application Services ordered by Customer either through Survey Funnel’s website or through an Ordering Document and provided by Survey Funnel to Customer via www.surveyfunnel.io, or as additionally described in the Agreement or the DPA. The processing will be carried out until the term of Customer’s ordering of the Application Services ceases. Further details of the data processing are set out in Annex 1 hereto.
In respect of personal data processed in the course of providing the Application Services, Survey Funnel:
shall process the personal data only in accordance with the documented instructions from Customer (as set out in this DPA or the Agreement or as otherwise notified by Customer to Survey Funnel (from time to time) If Survey Funnel is required to process the personal data for any other purpose provided by applicable law to which it is subject, Survey Funnel will inform Customer of such requirement prior to the processing unless that law prohibits this on important grounds of public interest;
shall notify Customer without undue delay if, in Survey Funnel’s opinion, an instruction for the processing of personal data given by Customer infringes applicable Data Protection Legislation;
shall implement and maintain appropriate technical and organisational measures designed to protect the personal data against unauthorised or unlawful processing and against accidental loss, destruction, damage, theft, alteration or disclosure. These measures shall be appropriate to the harm which might result from any unauthorised or unlawful processing, accidental loss, destruction, damage or theft of the personal data and having regard to the nature of the personal data which is to be protected;
may hire other companies to provide limited services on its behalf, provided that Survey Funnel complies with the provisions of this Clause. Any such subcontractors will be permitted to process personal data only to deliver the services Survey Funnel has retained them to provide, and they shall be prohibited from using personal data for any other purpose. Survey Funnel remains responsible for its subcontractors’ compliance with the obligations of this DPA. Any subcontractors to whom Survey Funnel transfers personal data will have entered into written agreements with Survey Funnel requiring that the subcontractor abide by terms substantially similar to this DPA;
at the Customer’s request and cost (and insofar as is possible), shall assist the Customer by implementing appropriate and reasonable technical and organisational measures to assist with the Customer’s obligation to respond to requests from data subjects under Data Protection Legislation (including requests for information relating to the processing, and requests relating to access, rectification, erasure or portability of the personal data) provided that Survey Funnel reserves the right to reimbursement from Customer for the reasonable cost of any time, expenditures or fees incurred in connection with such assistance;
when the General Data Protection Regulation (Regulation (EU) 2016/279) comes into effect, shall take reasonable steps at the Customer’s request and cost to assist Customer in meeting Customer’s obligations under Article 32 to 36 of that regulation taking into account the nature of the processing under this DPA, provided that Survey Funnel reserves the right to reimbursement from Customer for the reasonable cost of any time, expenditures or fees incurred in connection with such assistance;
at the end of the applicable term of the Application Services, upon Customer’s request, shall securely destroy or return such personal data to Customer;
shall allow Customer and its respective auditors or authorized agents to conduct audits or inspections during the term of the Agreement, which shall include providing reasonable access to the premises, resources and personnel used by Survey Funnel in connection with the provision of the Application Services, and provide all reasonable assistance in order to assist Customer in exercising its audit rights under this Clause. The purposes of an audit pursuant to this Clause include to verify that Survey Funnel is processing personal data in accordance with its obligations under the DPA and applicable Data Protection Legislation. Notwithstanding the foregoing, such audit shall consist solely of: (i) the provision by Survey Funnel of written information (including, without limitation, questionnaires and information about security policies) that may include information relating to subcontractors; and (ii) interviews with Survey Funnel’s IT personnel. Such audit may be carried out by Customer or an inspection body composed of independent members and in possession of the required professional qualifications bound by a duty of confidentiality. For the avoidance of doubt no access to any part of Survey Funnel’s IT system, data hosting sites or centers, or infrastructure will be permitted;
If Survey Funnel becomes aware of any accidental, unauthorised or unlawful destruction, loss, alteration, or disclosure of, or access to the personal data that is processed by Survey Funnel in the course of providing the Application Services (an “Incident”) under the Agreement it shall without undue delay notify Customer and provide Customer (as soon as possible) with a description of the Incident as well as periodic updates to information about the Incident, including its impact on Customer Content. Survey Funnel shall additionally take action to investigate the Incident and reasonably prevent or mitigate the effects of the Incident;
Survey Funnel shall provide information requested by Customer to demonstrate compliance with the obligations set out in this DPA.
Details of the Data Processing
Survey Funnel shall process information to provide the Application Services pursuant to the Agreement. Survey Funnel shall process information sent by Customer’s end users identified through Customer’s implementation of the Application Services. As an example, in a standard programmatic implementation, to utilize the Application Services, Customer may allow the following information to be sent by default as “default properties:”
Types of Personal Data
Last Seen (the last time a property was set or updated)
Categories of Data Subjects
Users of the Customers web and mobile applications.
The provision of Application Services by Survey Funnel to Customer.