Survey Privacy Notice
Welcome to the Populus’s privacy notice.
Populus respects your privacy and is committed to protecting your personal data. This privacy notice will inform you as to how we look after your personal data when you participate in our surveys and tell you about your privacy rights and how the law protects you.
This privacy notice does not apply to our collection and processing of personal data in connection with this website. If you would like to find out how Populus collects and processes your personal data when you visit this website, please refer to our Website Privacy Notice.
Populus carries out market research surveys on behalf of its clients. This privacy notice only applies to surveys where Populus is a data controller in respect of the survey.
• If Populus alone decides who participates in the survey and what questions are asked then Populus will be the sole data controller of the survey and this privacy notice will apply together with any other notices provided at the start of the survey.
• If Populus and its client(s) share responsibility for deciding who participates in the survey and what questions are asked then we will be a co-controller together with one or more of our clients and this privacy notice will apply together with any other notices provided at the start of the survey, which may include our client’s privacy notice.
• If our client retains overall control over who participates in the survey and what questions are asked and we act only on our client’s instructions, then Populus will be a data processor for the survey and not a data controller and this privacy notice will not apply, only the notices provided at the start of the survey.
We will tell you at the start of the survey whether Populus is acting as sole controller, co-controller or data processor in respect of the survey. If we are not the data controller or not the only data controller, we will also tell you who the data controllers are.
This privacy notice covers the specific areas set out below.
Please also use the Glossary to understand the meaning of some of the terms used in this privacy notice.
1. IMPORTANT INFORMATION AND WHO WE ARE
2. THE DATA WE COLLECT ABOUT YOU
3. HOW IS YOUR PERSONAL DATA COLLECTED
4. HOW WE USE YOUR PERSONAL DATA
5. DISCLOSURES OF YOUR PERSONAL DATA
6. INTERNATIONAL TRANSFERS
7. DATA SECURITY
8. DATA RETENTION
9. YOUR LEGAL RIGHTS
1 IMPORTANT INFORMATION AND WHO WE ARE
1.1 Purpose of this Privacy Notice
This privacy notice aims to give you information on how Populus collects and processes your personal data when you participate in our surveys.
It is important that you read this privacy notice together with any other privacy notice or fair processing notice we may provide on specific occasions when we are collecting or processing personal data about you so that you are fully aware of how and why we are using your data. This privacy notice supplements the other notices and is not intended to override them.
Populus Limited is the controller and responsible for your personal data (collectively referred to as “Populus”, “we”, “us” or “our” in this privacy notice).
We have appointed a data protection officer (DPO) who is responsible for overseeing questions in relation to this privacy notice. If you have any questions about this privacy notice, including any requests to exercise your legal rights, please contact the DPO using the details set out below.
1.3 Contact Details
Company name: Populus Limited
Name or title of DPO: Emily Weguelin
Email address: firstname.lastname@example.org
Postal address: Northburgh House, 10 Northburgh Street, London, EC1V 0AT
You have the right to make a complaint at any time to the Information Commissioner’s Office (ICO), the UK supervisory authority for data protection issues (www.ico.org.uk). We would, however, appreciate the chance to deal with your concerns before you approach the ICO so please contact us in the first instance.
1.4 Changes to the Privacy Notice and your Duty to Inform us of Changes
This version was last updated in May 2018 and can be obtained by contacting us.
It is important that the personal data we hold about you is accurate and current. Please keep us informed if your personal data changes during your relationship with us.
1.5 Third-Party Links
This website may include links to third-party websites, plug-ins and applications. Clicking on those links or enabling those connections may allow third parties to collect or share data about you. We do not control these third-party websites and are not responsible for their privacy statements. When you leave our website, we encourage you to read the privacy notice of every website you visit.
2 THE DATA WE COLLECT ABOUT YOU
2.1 Personal data, or personal information, means any information about an individual from which that person can be identified. It does not include data where the identity has been removed (anonymous data).
2.2 We may collect, use, store and transfer different kinds of personal data about you which we have grouped together follows:
• Identity Data includes first name, maiden name, last name, username or similar identifier, marital status, title, date of birth and gender.
• Contact Data includes address, email address and telephone numbers.
• Financial Data includes bank account and payment card details.
• Transaction Data includes details about payments to you.
• Survey Data includes the responses you give to any surveys we invite you to participate in.
• Communications Data includes your correspondence with us and any feedback on our services which you provide.
2.3 We also collect, use and share Aggregated Data such as statistical or demographic data for any purpose. Aggregated Data may be derived from your personal data but is not considered personal data in law as this data does not directly or indirectly reveal your identity. For example, we may aggregate your Survey Data to carry out market research and statistical research. However, if we combine or connect Aggregated Data with your personal data so that it can directly or indirectly identify you, we treat the combined data as personal data which will be used in accordance with this privacy notice.
2.4 We would only collect Special Categories of Personal Data about you (this includes details about your race or ethnicity, religious or philosophical beliefs, sex life, sexual orientation, political opinions, trade union membership, information about your health and genetic and biometric data) or information about criminal convictions and offences with your explicit consent, and only if it were relevant to a survey, as part of the Survey Data.
2.5 If you do not wish to provide personal data when requested, you may not be able to take part in the survey and receive incentives and other benefits for taking part in surveys.
3 HOW IS YOUR PERSONAL DATA COLLECTED?
3.1 We use different methods to collect data from and about you including through:
• Direct interactions. You may give us your Identity, Contact, Financial and Survey Data by filling in forms or by corresponding with us by post, phone, email, face to face interviews or otherwise. This includes personal data you provide when you take part in our surveys or give us some feedback.
• Third parties or publicly available sources. We may receive personal data about you from various third parties and public sources as set out below:
Identity and Contact Data from data brokers or aggregators based inside the EU.
Identity and Contact Data from publicly availably sources such as Companies House and the Electoral Register based inside the EU.
4 HOW WE USE YOUR PERSONAL DATA
4.1 We have set out below, in a table format, a description of all the ways we plan to use your personal data, and which of the legal bases we rely on to do so. We have also identified what our legitimate interests are where appropriate.
4.2 Note that we may process your personal data for more than one lawful ground depending on the specific purpose for which we are using your data. Please contact us if you need details about the specific legal ground we are relying on to process your personal data where more than one ground has been set out in the table below.
4.3 Refer to Clause 10.1 for more information about the types of lawful basis that we rely on to process your personal data.
4.4 Change of Purpose
We will only use your personal data for the purposes for which we collected it, unless we reasonably consider that we need to use it for another reason and that reason is compatible with the original purpose. If you wish to get an explanation as to how the processing for the new purpose is compatible with the original purpose, please contact us.
If we need to use your personal data for an unrelated purpose, we will notify you and we will explain the legal basis which allows us to do so.
Please note that we may process your personal data without your knowledge or consent, in compliance with the above rules, where this is required or permitted by law.
5 DISCLOSURES OF YOUR PERSONAL DATA
5.1 We may have to share your personal data with the parties set out below for the purposes set out in the table in paragraph 4 above.
• Other companies in the Populus Group based in the United Kingdom acting as processors and providing IT and system adminstration services. We may also disclose information to the Populus Group based in the United Kingdom acting as joint controllers if a survey is carried out on behalf of a Populus Group company other than Populus Limited.
• Service providers acting as processors based in the United Kingdom who provide IT and system administration services.
• Professional advisers acting as processors or controllers including lawyers, bankers, auditors and insurers based in the United Kingdom who provide consultancy, banking, legal, insurance and accounting services.
• HM Revenue & Customs, regulators and other authorities acting as processors or controllers based in the United Kingdom who require reporting of processing activities in certain circumstances.
• Geodemographic companies such as Experian acting as processor based in the United Kingdom who provide us with additional analytics and insights for our surveys.
• Third parties to whom we may choose to sell, transfer, or merge parts of our business or our assets. Alternatively, we may seek to acquire other businesses or merge with them. If a change happens to our business, then the new owners may use your personal data in the same way as set out in this privacy notice.
5.2 Unless we have notified you at the start of the survey or obtained your consent as a part of the survey, we do not disclose Survey Data which is personal data to our clients. Survey Data is anonymised and shared with our clients and other third parties in a generic form that does not identify you. For example: “8 out of 10 people in the UK are happy with their current job”.
5.3 We require all third parties to respect the security of your personal data and to treat it in accordance with the law. We do not allow our third-party service providers to use your personal data for their own purposes and only permit them to process your personal data for specified purposes and in accordance with our instructions.
6 INTERNATIONAL TRANSFERS
6.1 Whenever we transfer your personal data out of the EEA, we ensure a similar degree of protection is afforded to it by ensuring at least one of the following safeguards is implemented:
• We will only transfer your personal data to countries that have been deemed to provide an adequate level of protection for personal data by the European Commission. For further details, see European Commission: Adequacy of the protection of personal data in non-EU countries.
• Where we use certain service providers, we may use specific contracts approved by the European Commission which give personal data the same protection it has in Europe. For further details, see European Commission: Model contracts for the transfer of personal data to third countries.
• Where we use providers based in the US, we may transfer data to them if they are part of the Privacy Shield which requires them to provide similar protection to personal data shared between the Europe and the US. For further details, see European Commission: EU-US Privacy Shield.
6.2 Please contact us if you want further information on the specific mechanism used by us when transferring your personal data out of the EEA.
7 DATA SECURITY
7.1 We have put in place appropriate security measures to prevent your personal data from being accidentally lost, used or accessed in an unauthorised way, altered or disclosed. In addition, we limit access to your personal data to those employees, agents, contractors and other third parties who have a business need to know. They will only process your personal data on our instructions and they are subject to a duty of confidentiality.
7.2 We have put in place procedures to deal with any suspected personal data breach and will notify you and any applicable regulator of a breach where we are legally required to do so.
8 DATA RETENTION
8.1 How long will you use my Personal Data for?
We will only retain your personal data for as long as necessary to fulfil the purposes we collected it for, including for the purposes of satisfying any legal, accounting, or reporting requirements.
To determine the appropriate retention period for personal data, we consider the amount, nature, and sensitivity of the personal data, the potential risk of harm from unauthorised use or disclosure of your personal data, the purposes for which we process your personal data and whether we can achieve those purposes through other means, and the applicable legal requirements.
We retain Survey Data which is personal data for no longer than six months after we have completed any quality control checks. We retain anonymised Survey Data for 2 years.
In some circumstances you can ask us to delete your data: see request erasure [INSERT AS LINK] below for further information.
We may anonymise your personal data (so that it can no longer be associated with you) for research or statistical purposes in which case we may use this information indefinitely without further notice to you.
9 YOUR LEGAL RIGHTS
9.1 Under certain circumstances, you have rights under data protection laws in relation to your personal data.
• Request access to your personal data.
• Request correction of your personal data.
• Request erasure of your personal data.
• Object to processing of your personal data.
• Request restriction of processing your personal data.
• Request transfer of your personal data.
• Right to withdraw consent.
9.2 If you wish to exercise any of the rights set out above, please contact us.
9.3 No Fee Usually Required
You will not have to pay a fee to access your personal data (or to exercise any of the other rights). However, we may charge a reasonable fee if your request is clearly unfounded, repetitive or excessive. Alternatively, we may refuse to comply with your request in these circumstances.
9.4 What we may need from you
We may need to request specific information from you to help us confirm your identity and ensure your right to access your personal data (or to exercise any of your other rights). This is a security measure to ensure that personal data is not disclosed to any person who has no right to receive it. We may also contact you to ask you for further information in relation to your request to speed up our response.
9.5 Time Limit to Respond
We try to respond to all legitimate requests within one month. Occasionally it may take us longer than a month if your request is particularly complex or you have made a number of requests. In this case, we will notify you and keep you updated.
10.1 Lawful Basis
• Consent means processing your data where we have obtained your freely given, specific, informed and unambiguous permission. You can withdraw your consent at any time and we will then stop processing your information for that purpose.
• Legitimate Interest means the interest of our business in conducting and managing our business to enable us to give you the best service/product and the best and most secure experience. We make sure we consider and balance any potential impact on you (both positive and negative) and your rights before we process your personal data for our legitimate interests. We do not use your personal data for activities where our interests are overridden by the impact on you (unless we have your consent or are otherwise required or permitted to by law). You can obtain further information about how we assess our legitimate interests against any potential impact on you in respect of specific activities by contacting us.
• Performance of Contract means processing your data where it is necessary for the performance of a contract to which you are a party or to take steps at your request before entering into such a contract.
• Comply with a legal or regulatory obligation means processing your personal data where it is necessary for compliance with a legal or regulatory obligation that we are subject to.
10.2 Your Legal Rights
You have the right to:
• Request access to your personal data (commonly known as a “data subject access request”). This enables you to receive a copy of the personal data we hold about you and to check that we are lawfully processing it.
• Request correction of the personal data that we hold about you. This enables you to have any incomplete or inaccurate data we hold about you corrected, though we may need to verify the accuracy of the new data you provide to us.
• Request erasure of your personal data. This enables you to ask us to delete or remove personal data where there is no good reason for us continuing to process it. You also have the right to ask us to delete or remove your personal data where you have successfully exercised your right to object to processing (see below), where we may have processed your information unlawfully or where we are required to erase your personal data to comply with local law. Note, however, that we may not always be able to comply with your request of erasure for specific legal reasons which will be notified to you, if applicable, at the time of your request.
• Object to processing of your personal data where we are relying on a legitimate interest (or those of a third party) and there is something about your particular situation which makes you want to object to processing on this ground as you feel it impacts on your fundamental rights and freedoms. You also have the right to object where we are processing your personal data for direct marketing purposes or if we are processing your personal data for statistical research purposes, unless the processing is necessary in the public interest. In some cases, we may demonstrate that we have compelling legitimate grounds to process your information which override your rights and freedoms.
• Request restriction of processing of your personal data. This enables you to ask us to suspend the processing of your personal data in the following scenarios: (a) if you want us to establish the data’s accuracy; (b) where our use of the data is unlawful but you do not want us to erase it; (c) where you need us to hold the data even if we no longer require it as you need it to establish, exercise or defend legal claims; or (d) you have objected to our use of your data but we need to verify whether we have overriding legitimate grounds to use it.
• Request the transfer of your personal data to you or to a third party. We will provide to you, or a third party you have chosen, your personal data in a structured, commonly used, machine-readable format. Note that this right only applies to automated information which you initially provided consent for us to use or where we used the information to perform a contract with you.
• Withdraw consent at any time where we are relying on consent to process your personal data. However, this will not affect the lawfulness of any processing carried out before you withdraw your consent. If you withdraw your consent, we may not be able to provide certain products or services to you. We will advise you if this is the case at the time you withdraw your consent.