Last updated: May 2018
For the purposes of this policy, The Scapula Institute defines the term “User” as an entity with which The Scapula Institute has an established relationship, the term “Respondent” as any individual who responds to surveys powered by The Scapula Institute or who is included as a contact in a User’s account and the term “Visitor” as an individual that visits our front-end website (for example https://scapulainstitute.org/).
Any information stored on The Scapula Institute’s platform is treated as confidential. All information is stored securely and is accessed by authorized personnel only. The Scapula Institute implements and maintains appropriate technical, security and organizational measures to protect Personal Data against unauthorized or unlawful processing and use, and against accidental loss, destruction, damage, theft or disclosure.
2. Collection and use
The following sections cover the specifics of each of the three groups from which data is collected: website Visitors, Respondents and Users.
2.2 Website Visitors
If you are a Visitor to our website only, and not a Respondent to a survey or a user of our platform, then this section is relevant for you.
By visiting this website, you consent to the collection and use of your Personal Data as described herein. If you do not agree with the terms set out herein, please do not visit this website. If required by applicable law, we will seek your explicit consent to process Personal Data collected on this website or volunteered by you. Kindly note that any consent will be entirely voluntary. However, if you do not grant the requested consent to the processing of your Personal Data, the use of this website may not be possible.
Such Personal Data may comprise your IP address, first and last name, your postal and email address, your telephone number, your job title, data for social networks, your areas of interest, interest in The Scapula Institute products, and certain information about the company you are working for (company name and address), as well as information as to the type of relationship that exists between The Scapula Institute and yourself.
The Scapula Institute gathers data about visits to the website, including numbers of Visitors and visits, Geo-location data, length of time spent on the site, pages clicked on or where Visitors have come.
2.2.1 Purpose of processing personal data/
The Scapula Institute uses the collected data to communicate with Visitors, to customize content for Visitors, to show ads on other websites to Visitors, and to improve its website by analyzing how Visitors navigate its website.
2.2.2 Sharing personal data
The Scapula Institute may also share such information with service vendors or contractors in order to provide a requested service or transaction or in order to analyze the Visitor behavior on its website.
2.2.4 Links to other sites
Respondents should be aware that in responding to surveys or survey invitations, they could be disclosing information that could make them personally identifiable to The Scapula Institute Users. The security and privacy protection implemented on The Scapula Institute’s platform does not cover this type of transfer or disclosure of personal information. Respondents responding to surveys or survey invitations should be aware that they alone are responsible for the content of their responses. For more detailed information concerning the protection of privacy when responding to surveys or survey invitations, Respondents may contact the entity conducting the survey. It is the User’s responsibility to ensure that collection and processing of data is done in accordance with applicable law. The Scapula Institute will not process Personal Data of Respondents for other purposes or by other means than instructed by its Users.
If you wish to inquire about your Personal Data that may have been collected in a The Scapula Institute survey, we recommend that you contact the entity that created or sent you the survey. As The Scapula Institute is a Processor, it does not control the Personal Data used or stored in the survey, but processes it on behalf of its User.
In order to provide services to its Users, The Scapula Institute collects certain types of data from them. Furthermore, The Scapula Institute’s Users collect information from Respondents when they produce and distribute surveys. This section will describe how these two types of data are collected and used by The Scapula Institute as well as geographical differences that effect this policy. Data entered or transferred into The Scapula Institute by Users such as texts, questions, contacts, media files, etc., remains the property of the User and may not be shared with a third party by The Scapula Institute without express consent from the User.
2.4.2 Collection of User data
During a User’s registration and later on The Scapula Institute’s platform, they provide information such as name, company name, email, address, telephone, credit-card number and other relevant data. This information is used by The Scapula Institute to identify the User and provide them with support, services, mailings, sales and marketing actions, billing and to meet contractual obligations.
The Scapula Institute Users can at any time access and edit, update or delete their contact details by logging in with their username and password to The Scapula Institute’s platform. The Scapula Institute Users may create more Users with different privilege levels within their account. It is the responsibility of the User that creates other User accounts, to choose the level of access each User should have. Once these new Users log into The Scapula Institute, they meet the definition of User in this policy. The Scapula Institute will not retain User data longer than is necessary to fulfill the purposes for which it was collected or as required by applicable laws or regulations.
2.4.3 Collection of Respondent data
Surveys used for gathering feedback are created by Users, who make them available to relevant businesses, organizations, and individuals. It is the User’s responsibility to ensure that collection and processing of data is done in accordance with applicable law. The Scapula Institute will not process Personal Data for other purposes or by other means than instructed by its Users.
Respondent data includes data from individuals uploaded, transferred or manually entered by a The Scapula Institute User into their account for the purpose of providing feedback to the User by responding to surveys. Personal Data may include, personal contact information such as name, home address, home telephone or mobile number, email address, information concerning family, lifestyle and social circumstances including age, date of birth, marital status, number of children, employment details, education/qualification, business contact details, gender, religion, race, health detail and other sensitive Personal Data. Answers to questions by Respondents, may also include Personal Data.
The purpose of collecting Personal Data as part of a survey will vary depending on the survey, as set up by The Scapula Institute’s Users. As The Scapula Institute provides surveys to a wide group of customers and businesses, the purpose may vary greatly. For Users in the EEA, or for Users providing surveys to Respondents in the EEA, the User will be the “controller”, as defined in the Directive and the GDPR. The purpose will consequently be defined by The Scapula Institute’s User.
If you or your organization are required under the European Union’s General Data Protection Regulation (GDPR) to enter into a contract, or other binding legal act under EU or Member State law, with your data processors, review and accept The Scapula Institute’s Data Processing Agreement in your The Scapula Institute account.
2.4.4. Geographical location
The Scapula Institute offers a number of data regions. A The Scapula Institute “Data Region” is a set of data centers located within a defined geographical area where User and Respondent data is stored. Personal Data is not transmitted between Data Regions. For The Scapula Institute Users with accounts located in The Scapula Institute’s European Data Region, all Personal Data is processed in the EEA. For Users with accounts in the Data Regions: United States of America (US) and Canada, all Personal Data is processed solely in the respective country. For Users with accounts in our Asia Pacific Data Region, all Personal Data is processed in Singapore.
18.104.22.168 Processing in the European Economic Area (EEA)
For Users with accounts located in The Scapula Institute’s European Data Region, all processing of Personal Data is performed in accordance with privacy rights and regulations following the EU Directive 95/46/EC of the European Parliament and of the Council of 24 October 1995 (the Directive), and the implementations of the Directive in local legislation. From May 25th, 2018, the Directive and local legislation based on the Directive will be replaced by the Regulations (EU) 2016/679 of the European Parliament and of the Council of 27 April 2016 on the protection of natural persons with regard to the processing of Personal Data and on the free movement of such data, known as the General Data Protection Regulation (GDPR), and The Scapula Institute’s processing will take place in accordance with the GDPR.
The Scapula Institute processes Personal Data both as a Processor and as a Controller, as defined in the Directive and the GDPR:
The The Scapula Institute entity which you as a User entered an agreement with when using The Scapula Institute’s platform, will be the Controller for User data, as outlined above in “Collection of User data” section.
For Respondent data, as outlined in the “Collection of Respondent data” section, the User will be the Controller in accordance with Directive and GDPR, and The Scapula Institute will be the Processor.
The Scapula Institute adheres to the Directive of 1995 and the GDPR from May 25th, 2018. Consequently, The Scapula Institute processes all data provided by its Users with accounts in its European Data Region, in the European Economic Area (EEA) only.
All data collected by The Scapula Institute Users through surveys will be stored exclusively in secure hosting facilities provided by Amazon Web Services. The Scapula Institute has a data processing agreement in place with its provider, ensuring compliance with the Directive. All hosting is performed in accordance with the highest security regulations. All transfers of data internally in the EEA is done in accordance with this data processing agreement.
22.214.171.124 Processing in the United States of America (US)
For Users with accounts in the The Scapula Institute US Data Region, The Scapula Institute processes data solely in data centers located in the US. The Scapula Institute has adopted reasonable physical, technical and organizational safeguards which substantially mirror the EU safeguards against accidental, unauthorized or unlawful destruction, loss, alteration, disclosure, access, use or processing of the User’s data in The Scapula Institute’s possession. The Scapula Institute will promptly notify the User in the event of any known unauthorized access to, or use of, the User’s data.
All data collected by The Scapula Institute Users through surveys will be stored exclusively in secure hosting facilities provided by Amazon Web Services. The Scapula Institute’s contract with its hosting provider ensures that all hosting is performed in accordance with the highest security regulations. The Scapula Institute’s policy is to protect and safeguard any personal information obtained by The Scapula Institute in accordance with United States state or federal laws governing the protection of personal information and data. Accordingly, The Scapula Institute adheres to practices and policies that aim to safeguard the data.
126.96.36.199 Processing in Canada
For Users with accounts in the The Scapula Institute Canada Data Region, The Scapula Institute processes data solely in data centers located in Canada. The Scapula Institute has adopted reasonable physical, technical and organizational safeguards which substantially mirror the EU safeguards against accidental, unauthorized or unlawful destruction, loss, alteration, disclosure, access, use or processing of the Users data in The Scapula Institute’s possession. The Scapula Institute will promptly notify the User in the event of any known unauthorized access to, or use of, the User’s data.
All data collected by The Scapula Institute Users through surveys will be stored exclusively in secure hosting facilities provided by Amazon Web Services. The Scapula Institute’s contract with its hosting provider ensures that all hosting is performed in accordance with the highest security regulations. The Scapula Institute’s policy is to protect and safeguard any personal information obtained by The Scapula Institute in accordance with Canadian laws governing the protection of personal information and data. Accordingly, The Scapula Institute adheres to practices and policies that aim to safeguard the data.
188.8.131.52 Processing in other regions
For Users with accounts in our Asian Pacific Data Region, The Scapula Institute processes data solely in data centers located in Singapore. The Scapula Institute has adopted reasonable physical, technical and organizational safeguards which substantially mirror the EU safeguards against accidental, unauthorized or unlawful destruction, loss, alteration, disclosure, access, use or processing of the Users data in The Scapula Institute’s possession. The Scapula Institute will promptly notify the User in the event of any known unauthorized access to, or use of, the User’s data.
All data collected by The Scapula Institute Users through surveys will be stored exclusively in secure hosting facilities provided by Amazon Web Services. The Scapula Institute’s contract with its hosting provider ensures that all hosting is performed in accordance with the highest security regulations. Accordingly, The Scapula Institute adheres to practices and policies that aim to safeguard the data.
3. Retention and Deletion
The Scapula Institute will not retain data longer than is necessary to fulfill the purposes for which it was collected or as required by applicable laws or regulations. For Respondent data, The Scapula Institute’s Users have control of the purpose for collecting data, and the duration for which the Personal Data may be kept. For Respondent data, Users with an active account will therefore have the responsibility to delete data when required. When a users’s account is terminated or expired, all Personal Data collected through the platform will be deleted, as required by applicable law.
4. Acceptance of these Conditions
5. Our Legal Obligation to Disclose Personal Information
We will reveal a user’s personal information without his/her prior permission only when we have reason to believe that the disclosure of this information is required to establish the identity of, to contact or to initiate legal proceedings against a person or persons who are suspected of infringing rights or property belonging to The Scapula Institute or to others who could be harmed by the user’s activities or of persons who could (deliberately or otherwise) transgress upon these rights and property. We are permitted to disclose personal information when we have good reason to believe that this is legally required.
6. Notice Specific to documents available on this website
Permission to use Documents (such as white papers, press releases, datasheets and FAQs) from the Services is granted, provided that (1) the below copyright notice appears in all copies and that both the copyright notice and this permission notice appear, (2) use of such Documents from the Services is for informational and non-commercial or personal use only and will not be copied or posted on any network computer or broadcast in any media, and (3) no modifications of any Documents are made. Accredited educational institutions, such as universities, private/public colleges, and state community colleges, may download and reproduce the Documents for distribution in the classroom. Distribution outside the classroom requires express written permission. Use for any other purpose is expressly prohibited by law and may result in severe civil and criminal penalties. Violators will be prosecuted to the maximum extent possible.
The Scapula Institute and/or its respective suppliers make no representations about the suitability of the information contained in the documents and related graphics published as part of the services for any purpose. all such documents and related graphics are provided “as is” without warranty of any kind. The Scapula Institute and/or its respective suppliers hereby disclaim all warranties and conditions with regard to this information, including all warranties and conditions of merchantability, whether express, implied or statutory, fitness for a particular purpose, title and non-infringement. in no event shall The Scapula Institute and/or its respective suppliers be liable for any special, indirect or consequential damages or any damages whatsoever resulting from loss of use, data or profits, whether in an action of contract, negligence or other tortious action, arising out of or in connection with the use or performance of information available from the services.
The documents and related graphics published on the services could include technical inaccuracies or typographical errors. changes are periodically added to the information herein. The Scapula Institute and/or its respective suppliers may make improvements and/or changes in the product(s) and/or the program(s) described herein at any time.
7. Disclaimer of Warranty; Limitation of Liability
A. User expressly agrees that use of The Scapula Institute is at user’s sole risk. Neither The Scapula Institute, its affiliates nor any of their respective employees, agents, third party content providers or licensors warrant that The Scapula Institute will be uninterrupted or error free; nor do they make any warranty as to the results that may be obtained from use of The Scapula Institute , or as to the accuracy, reliability or content of any information, service, or merchandise provided through The Scapula Institute .
B. The Scapula Institute is provided on an “as is” basis without warranties of any kind, either express or implied, including, but not limited to, warranties of title or implied warranties of merchantability or fitness for a particular purpose, other than those warranties which are implied by and incapable of exclusion, restriction or modification under the laws applicable to this agreement.
C. This disclaimer of liability applies to any damages or injury caused by any failure of performance, error, omission, interruption, deletion, defect, delay in operation or transmission, computer virus, communication line failure, theft or destruction or unauthorized access to, alteration of, or use of record, whether for breach of contract, tortious behavior, negligence, or under any other cause of action. User specifically acknowledges that The Scapula Institute is not liable for the defamatory, offensive or illegal conduct of other users or third-parties and that the risk of injury from the foregoing rests entirely with user.
D. In no event will The Scapula Institute, or any person or entity involved in creating, producing or distributing The Scapula Institute or the The Scapula Institute software, be liable for any damages, including, without limitation, direct, indirect, incidental, special, consequential or punitive damages arising out of the use of or inability to use [Website Name]. user hereby acknowledges that the provisions of this section shall apply to all content on the site.
E. In addition to the terms set forth above neither, The Scapula Institute, nor its affiliates, information providers or content partners shall be liable regardless of the cause or duration, for any errors, inaccuracies, omissions, or other defects in, or untimeliness or unauthenticity of, the information contained within The Scapula Institute, or for any delay or interruption in the transmission thereof to the user, or for any claims or losses arising there from or occasioned thereby. None of the foregoing parties shall be liable for any third-party claims or losses of any nature, including, but not limited to, lost profits, punitive or consequential damages.
F. Force majeure – neither party will be responsible for any failure or delay in performance due to circumstances beyond its reasonable control, including, without limitation, acts of god, war, riot, embargoes, acts of civil or military authorities, fire, floods, accidents, service outages resulting from equipment and/or software failure and/or telecommunications failures, power failures, network failures, failures of third party service providers (including providers of internet services and telecommunications). The party affected by any such event shall notify the other party within a maximum of fifteen (15) days from its occurrence. The performance of this agreement shall then be suspended for as long as any such event shall prevent the affected party from performing its obligations under this agreement.
8. Third Party Privacy Policies
If you wish to disable cookies, you may do so through your individual browser options. More detailed information about cookie management with specific web browsers can be found at the browsers’ respective websites. What Are Cookies?
This policy does not apply to any information collected offline or via channels other than this website.
10. Copyright Notice
The Scapula Institute its logos are trademarks of The Scapula Institute. All rights reserved. All other trademarks appearing on The Scapula Institute are the property of their respective owners.
The names of actual companies and products mentioned herein may be the trademarks of their respective owners. The example companies, organizations, products, domain names, email addresses, logos, people and events depicted herein are fictitious. No association with any real company, organization, product, domain name, e-mail address, logo, person, or event is intended or should be inferred.
Any rights not expressly granted herein are reserved.