General EEA Safe Harbor Notice

Scope of Safe Harbor Certification.
MarketTools, Inc. (“MarketTools” or “we”) recognize that the European Community has established a data protection regime pursuant to Directive 95/46/EC, which applies to the European Economic Area (“EEA”) and restricts companies in the EEA in transferring personal data about individuals in the EEA to the United States, unless there is “adequate protection” for such personal data when it is received in the United States. To create such “adequate protection” and allow its subsidiaries and business partners to overcome the restriction on international data transfers established by the Directive, MarketTools adheres to the Safe Harbor Privacy Principles published by US Department of Commerce (“Safe Harbor Principles”) with respect to personal data about individuals in the EEA (“EEA Data”) that we collect through our websites and that subsidiaries, customers and other business partners in the EEA may send to MarketTools. This Notice does not apply to employees of MarketTools or its subsidiaries in the EEA. This Notice does not apply to data relating to individuals outside the EEA. More information on the Safe Harbor Principles and MarketTools’s scope of participation is available at www.export.gov/safeharbor/sh_overview.html.

Categories of EEA Data.
MarketTools offers survey technology and services and receives primarily the following types of EEA Data: EEA customer contact and registration data (this data includes name, email address(es), telephone number(s) and country of residency); for subscription services, payment information (including credit card number and related verification information such as billing address, and account status information) with respect to individual EEA customers or individual representatives of EEA corporate customers; and information relating to EEA survey respondents (for surveys that we conduct on behalf of our customers, we receive, process and control contact data and survey responses; for surveys that our customers conduct using our hosted solution, we merely process the data on our customers’ behalf; in both cases, the survey topics and responses vary and are typically defined by our customers who design the surveys).

Purposes.
MarketTools collects and uses EEA Data for purposes of responding to requests from EEA individuals for further information, for providing survey-related products and services to customers, communicating with corporate or individual business partners about business matters, processing EEA Data on behalf of corporate customers, transmitting marketing emails and performing other marketing activities, and conducting related tasks for legitimate business purposes.

Disclosure.
MarketTools shares EEA Data with affiliates and also with contractors, which process EEA Data on behalf of MarketTools and its affiliates. MarketTools also shares EEA Data with other third parties for the purposes for which MarketTools receives the EEA Data (e.g., performance of contractual obligations, facilitate credit card payments) and as required or permitted by law.

With respect to marketing emails, individuals in the EEA may opt-out of receiving further email communications from MarketTools by sending an email to privacy@markettools.com, or by following opt-out instructions that are contained in each email. Individuals in the EEA may also send an email to this address to ask to opt-out of disclosures to third parties, but such a limitation on data sharing may make it difficult or impossible for MarketTools to provide the requested services. Notwithstanding other statements in this Notice, MarketTools may disclose EEA Data where it is legally required to disclose (e.g., under statutes, contracts or otherwise) or the disclosure is permitted by law and MarketTools has a legitimate business interest in such disclosure.

Access and Review.
Individuals whose EEA Data MarketTools holds as a data controller may request access to, and the opportunity to update, correct or delete some or all of the EEA Data that MarketTools holds about them. To submit such requests or raise any other questions, please contact the MarketTools Safe Harbor Contact as described below. MarketTools reserves the right to take appropriate steps to authenticate an applicant’s identity, charge an adequate fee before providing access and deny requests, except as required by the Safe Harbor Principles. Individuals whose EEA Data MarketTools holds as a data processor should first contact the person or entity that engaged MarketTools as a data processor (for example, a company that used MarketTools’ hosted solution to conduct a survey), because MarketTools may not have access to the specific data due to the limitations of its role as a data processor.

Safe Harbor Contact.
If you have questions, please contact our MarketTools Safe Harbor Privacy Contact Corporate Compliance at 150 Spear St, Suite 600, San Francisco, CA 94105, telephone: 415-957-2200, e-mail: safeharbor@markettools.com, or fax: 415-957-2180.

If you do not receive acknowledgement of your inquiry or your inquiry has not been satisfactorily addressed, you can also contact TRUSTe at http://www.truste.org/consumers/watchdog_complaint.php. TRUSTe will then serve as a liaison with us to resolve your concerns.