Privacy & Confidentiality Policy

Effective Date: May 9, 2018

1. Our commitment to protecting your privacy.
PointClub is committed to respecting individual and client privacy, to safeguarding confidential information and to ensuring the security of all personal information. When you decide to share your information with us, we feel that it is important to assure you that your information will be safely protected. This statement discloses our information collecting, handling and disclosure practices.

2. What do we do?
PointClub is an online panel company focused on providing quality survey responses to our clients which represent the Market Research industry. PointClub is headquartered in Encino, California with offices around the US and India.

3. Personal Information we collect:
We collect personal information from you when you communicate with us by any media. The personal information collected on this website may be e.g. your name, company, title, phone number and email address or other information that you give. We collect your personal information on a voluntary basis.

Other than as set forth in this Privacy Policy, PointClub will not disclose any of your personally identifiable information except when we have your permission or under special circumstances, such as when we believe in good faith that the law requires it or under the circumstances described below. The following describes some of the ways that your information may be disclosed.

4. Business Partners & Sponsors:
Subject to the other applicable provisions herein, PointClub may disclose your personal information to business partners or sponsors. Many promotions offer opportunities to request additional information from sponsors. By requesting more information, you give PointClub permission to transfer your personal information to the sponsor so they can fulfill your request. In many instances, only your email address will be shared.

5. Third Party Data & Data in the Aggregate:
Under confidentiality agreements, PointClub may match user information with third party data. Also, PointClub discloses aggregated user statistics in order to describe our services to prospective partners, advertisers, and other third parties, and for other lawful purposes.

PointClub may also disclose account information in special cases when we have reason to believe that disclosing this information is necessary to identify, contact or bring legal action against someone who may be violating PointClub Terms & Conditions or may be causing injury to or interference with (either intentionally or unintentionally) PointClub rights or property, other PointClub users, or anyone else that could be harmed by such activities.

Finally, if there is a sale of a majority of the shares or assets of the legal entities owning and operating PointClub, you agree that your personal information and data may be transferred or assigned to such new owners.

PointClub supports and strictly adheres to the standards and guidelines set out by ESOMAR: www.esomar.org and the Insights Association as set out at www.insightsassociation.org follows the local law when processing any personal data for the following purposes:

6. Opt Out
We may use your personal information ourselves to conduct direct marketing when you have opted into this, but you are entitled to opt out from receiving direct marketing communications from us at any time. You may do so by responding to the opt out option which is included with each direct marketing communication that we send.

7. European Economic Area (“EEA”)
Please note that information displayed on our Website or sent to PointClub over the Internet may be transferred outside of the EEA to one of our local offices, if you have given your consent. Data will only be sent to other offices within PointClub in the case that you require:

  • more information on PointClub,
  • a quote request;
  • Or anything else pertaining specifically to PointClub.
If you have any concerns in relation to such transfers, you should not use the Internet as a means of communication with PointClub.

8. How we protect your personal information
PointClub takes reasonable steps to protect your personal information from unauthorized access, use, disclosure or loss. This site has security measures (including online and offline physical, electronic and managerial safeguards) in place to protect against the loss, misuse, and alteration of the information, including your e-mail address, under our control.

We recommend that you do not divulge your password to anyone. PointClub will never ask you for your password in an unsolicited phone call or in an unsolicited email. Also remember to sign out of your PointClub account and close your browser window when you have finished your work. This is to ensure that others cannot access your personal information and correspondence if you share a computer with someone else or are using a computer in a public place like a library or Internet cafe.

Unfortunately, no data transmission over the Internet can be guaranteed to be 100% secure. As a result, while we strive to protect your personal information, PointClub cannot ensure or warrant the security of any information you transmit to us or from our online products or services, and you do so at your own risk. Once we receive your transmission, we make our best effort to ensure its security on our systems.

9. Disclosure of your personal information
We do not share, sell, rent or trade personally identifiable information with third parties, however to assist us in the delivery of our service offerings we may share your personal information with third party suppliers such as those that provide and manage incentives in connection with the completion of surveys, data hosting and storage services, third party technology providers, data matching providers to facilitate analytic and related objectives, and other consultants who we retain from time to time. These third parties will bound by confidentiality obligations and will not use your information for purposes outside of those specified herein. We also reserve the right to disclose your personally identifiable information as required by law or when we believe that disclosure is necessary to protect our rights and/or comply with a judicial proceeding, court order, national security requirement or legal process served on our website.

10. Use of Cookies
A cookie is a small amount of data that is sent to your browser from a web server and stored on your computer’s hard drive. We may use technology to track the patterns of behavior of visitors to the site. Currently, cookies are utilized by PointClub within the following four primary categories or uses: (1) business cookies which operate as a quality control and verification mechanism in connection with the survey process; (2) performance cookies so that traffic patterns and uses on the PointClub website may be measured and optimized; (3) user cookies so that user information may be recorded so as to enhance performance and user experience on the website; and (4) targeting cookies which are utilized to measure webviewing for market research purposes. Tracking cooking will help us to speed up your future activities at the site and allow PointClub to provide you with information specifically tailored to your interests. You can usually modify your browser to prevent this happening. The information collected in this way can be used to identify you unless you modify your browser settings. To modify your browser settings click on the help section of your Internet browser and follow the instructions. Please note that not accepting cookies may affect the performance of our website.

From time to time, PointClub collaborates with third parties (including clients) to enable the use of targeting cookies, web beacons, pixels, SDK’s, and mobile device identifiers to measure web-viewing and mobile use activities, for behavioral measurement purposes, in connection with ad exposure and display advertising for market research purposes and other related activities. To facilitate these services, PointClub’s clients (or their agents) may write, set or read cookies, locally shared/stored objects, flash cookies and other related technologies (“Third Party Technologies”). If you participate, your Member ID will be stored in, or associated with, Third Party Technologies to allow you to be re-contacted about online ads, promotions or in connection with market research surveys. PointClub’s clients (or their agents) will use the Third Party Technologies to determine whether you have seen, clicked on, or otherwise interacted with the online ad or promotion. PointClub will share your Member Id with PointClub clients (or their agents) so that you will have an opportunity to complete a survey or so that data previously collected by PointClub, such as age, gender, income, etc. (“Audience Measurement Data”) may be shared with third parties, including without limitation, PointClub’s subcontractors, partners, and/or clients for the purpose of audience measurement reporting on the advertising, campaigns, and websites that you visit, view, and/or click on. The Audience Measurement Data will be used to assist in the creation, development, and implementation of websites, online advertisements, and other Internet and digital media features, functionality, and campaigns.

11. Our commitment to Children’s Privacy.
PointClub encourages all parents and guardians to instruct their children in the safe and responsible use of their personal information whilst using the internet. PointClub will not (through our website or otherwise) intentionally collect information which relates to or originates from a child unless we have the consent of the child’s parent or guardian. If we become aware that a user of our website is a child who is using this website without the consent of his parent or guardian, we will use reasonable endeavours to delete any information submitted by that child as soon as possible and to ensure that such information is not transferred to anyone else nor used by us. Please let us know as soon as you become aware that a child has submitted information about him-/herself through our website without the consent of his parent or guardian. You can contact us in the ways outlined at the end of this policy.

12. Changes to our Privacy Statement
Please check this page periodically for changes as PointClub reserves the right, at its discretion, to change, modify, add, or remove portions of the Privacy Policy and the Site at any time. Your continued use of the Site following the posting of any changes to this Policy will mean that you accept such changes. If we are going to use personal data in a manner materially different from that stated at the time of collection, we will notify the affected individuals by posting a notice on this Site or via email.

13. Governing Law
This Site and Privacy Policy are governed by the laws of the United States. Any dispute arising in connection with this Privacy Policy shall be governed under the jurisdiction of the courts of the United States.

14. How to contact us and unsubscribe your email
Questions regarding this policy, complaints about our practices and access requests should be directed to the PointClub Team via e-mail: support@PointClub.com or by mail at PointClub 16133 Ventura Blvd., Suite 265, Encino, CA 91436. To unsubscribe your email account and not receive any further emails from PointClub, please send an email (from the address used as your PointClub member contact) to support@PointClub.com with "unsubscribe" as the subject line

15. Termination
You agree to (a) provide accurate, current and complete information about you as may be prompted by any registration forms on the Services; (b) maintain the security of your password and login credentials; and (c) maintain and promptly update the information you provide during registration, and any other information you provide to PointClub, so as to keep it accurate, current and complete. Registration requires information that includes, without limitation, your full legal name, gender, primary language, your date of birth, the country and state/province of your primary residence, your phone number and your current working email address. Your failure to provide accurate information, or if PointClub determines that fraudulent information was provided by you in connection with your registration and/or you otherwise engaged in any other inappropriate activity (as determined by PointClub in its sole discretion), PointClub may cancel or invalidate your account(s), registrations and Rewards, deny redemption of your Rewards, or restrict, block, limit, and prevent your access to and use of the Services and, further, all Rewards, incentives and other consideration shall be subject to forfeiture. All points earned will be expired automatically upon 12 months of inactivity.

16. Non-Use and Nondisclosure.
Information and content made available to you in the Services may contain trade secrets or other confidential or proprietary information of PointClub and/or PointClub’s clients, suppliers or licensors. You must hold in strict confidence, and not disclose to any other person, any information and content that you access or learn in connection with your participation in any survey, project, questionnaire, or other market research-related activity related to the Services. You are prohibited from sharing with any third party, photographic or other imagery, information, or any other content from any and all activities within or from the Site. You must not use any such information or content for any purpose other than your participation in the Services in accordance with this Agreement. You hereby agree to notify PointClub immediately if you learn of or suspect any use or disclosure of, or access to, any such information or content other than as specifically authorized in this Agreement.

17. EU-US and Swiss-US Privacy Shield
PointClub complies with the EU-US and Swiss-US Privacy Shield Framework as set forth by the US Department of Commerce, under the enforcement authority of the Federal Trade Commission, regarding the collection, use, and retention of personal information from European Union member countries and Switzerland. PointClub has certified that it adheres to the Privacy Shield Principles of Notice, Choice, Accountability for Onward Transfer, Security, Data Integrity and Purpose Limitation, Access, and Recourse, Enforcement and Liability. If there is any conflict between the policies in this privacy policy and the Privacy Shield Principles, the Privacy Shield Principles shall govern. To learn more about the Privacy Shield program, and to view our certification page, please visit https://www.privacyshield.gov/

18. Privacy Shield Complaints
In compliance with the EU-US and Swiss-US Privacy Shield Principles, PointClub commits to resolve complaints about your privacy and our collection or use of your personal information. European Union individuals with inquiries or complaints regarding this privacy policy should first contact PointClub at:

PointClub
Attn: Privacy Policy Support
16133 Ventura Blvd., Suite 265
Encino, CA 91436
Email: Support@pointclub.com

PointClub has further committed to refer unresolved privacy complaints under the EU-US and Swiss-US Privacy Shield Principles to the INSIGHTS ASSOCIATION PRIVACY SHIELD PROGRAM, a non-profit alternative dispute resolution provider located in the United States and operated by the Insights Association. If you do not receive timely acknowledgment of your complaint, or if your complaint is not satisfactorily addressed, please visit http://www.insightsassociation.org/get-support/privacy-shield-program/privacy-shield-eu-swiss-citizens-file-complaint for more information and to file a complaint. These dispute resolution services are provided at no cost to you.

Under certain limited conditions, individuals may invoke binding arbitration before the Privacy Shield Panel.