Privacy Policy

Market Force Information LLC, and its wholly owned subsidiaries (“Market Force Information”, “we”, “us” or “our”), is committed to protecting and respecting your privacy.

We understand that you care about the use and storage of your Personal Data which is why we have created this privacy policy in order to demonstrate our commitment to your privacy. The policy aims to help you to understand what information we might collect, use, share, and keep about you, and may change from time so please check back here frequently.

This policy applies to:

  • Visitors to our public websites, including but not limited to marketforce.com, or any of our client survey sites, (“our Sites”):
    • who request information by e-mail or telephone,
    • who apply for one of the vacancies listed on our careers website,
    • who sign up as independent contractors (“Independent Contractors”) to provide mystery shopping, merchandising, theatre checking and similar services via the micro-sites https://uk.marketforceshopper.com/login or https://shopper.marketforce.com or
    • who participate in a survey.
  • Users of any of the services accessible through our KnowledgeForce® reporting platform.
  • Users of Eyes:on mobile application software (“App”) available to dowhnload from GooglePlay and App Store once you have downloaded a copy of the App onto your mobile telephone, handheld or other devices (“Device”); and
  • Users of any of the services accessible through the App.

Please read this policy carefully to understand our practices regarding your Personal Data and how we will treat it. If you disagree with any of the terms of this privacy policy, you should immediately cease the use of the Sites or the App, as applicable. This policy should be read together with the terms of use applicable to the Sites and the App, as applicable (“the Terms of Use”).

You are never required to provide us with the types of information covered by this privacy policy. For individuals located outside of the EU/EEA by accessing the Sites, and/or providing information to us, you do so voluntarily and are expressly opting-in and unambiguously consenting to the collection, use, retention, disclosure, and transfer, including cross-border transfer, of your Personal Data as explained in this privacy policy.

We do not knowingly collect information from anyone under the age of majority in your location. The Sites and/or App are directed at people who are at least the age of majority where they live. If you believe your child has provided us with information, please contact us by email at dataprotection@marketforce.com

We may collect and process the following data about you (together “Personal Data”). The legal definition of Personal Data varies by location and only the legal definition that applies in your physical location will apply to you under this privacy policy:

Independent Contractors
What do we collect? How is it used? Why do we use it? Who has access to it?

The personal information you give us during your registration (either via the micro-sites or via download of the Eyes:On™ mobile application) may include your first and last name, address, e-mail address and phone number, bank account information, date of birth, age, nationality.

During registration, we will capture IP address.

Following registration, you will be issued with a username (or ‘Shopper ID’) and password and will have opportunity to provide us with additional information on your life style habits and financial information, which will help us show you the most suitable assignments.

If you contact us by mail, email, web or phone, we may keep a record of that correspondence.

When you apply to register with us as a mystery shopper or auditor, we may use information we collect from you to:

  • consider your suitability to perform those services;
  • include you on our list of mystery shoppers;
  • manage your account;
  • collect and maintain historical information about your mystery shopping assignments and payments and administer payments;
  • carry out our obligations arising from any contracts entered into between you and us and to provide you with the information and services that you request from us;
  • provide you with information about shopping opportunities and other services we offer that are similar to those that you have already enquired about;

With the exception of IP address, processing is necessary for the performance of the independent contractor agreement that exists between us, or in order to take steps at your request prior to entering into a contract.

The processing of IP address is necessary for the purposes of the legitimate interests pursued by us, specifically for the purposes of security and fraud prevention.

Your profile is available  to our employees with a legitimate business need, such as our development teams who maintain our internal platform. Access is granted on a least-privileged basis.

Your profile is stored on servers provided by our third party provider Calligo (https://calligo.cloud/) If you’re based in Europe, your profile is stored within the EEA. If you’re based in North America, your profile is stored outside the EEA.

Banking information (sort code and account number) are provided to our bank for the purposes of making payments in accordance with the contract that exists between us, although no other identifiable information is disclosed.

Prospects and Commercial Requests
What do we collect? How is it used? Why do we use it? Who has access to it?

When you download marketing collateral or contact us to schedule a briefing, we collect and maintain Personal Data so we can include you in our marketing database, comply with your request, and send you information on our products and services. Personal data we collect for these purposes usually include your name and contact information. Where you contact us by phone, we may also keep a copy of that correspondence.

You may unsubscribe from our emails at any time by clicking on the “unsubscribe” link in the emails you receive from us.

We may use information we collect from you to:

  • provide you with the information requested;
  • provide you with information that are similar to those that you have already enquired about;
  • notify you about changes to our service

Processing is necessary for the performance of a contract to which the data subject is party or in order to take steps at the request of the data subject prior to entering into a contract.

Further direct marketing is necessary for the purposes of the legitimate business interests pursued by us.

Your full prospect profile is available to our employees with a legitimate business need, such as the marketing team. Access is granted on a least-privileged basis. 

Your full prospect profile is stored on our SalesForce account (www.salesforce.com) for the purposes of maintaining the CRM database and use of the Pardot email marketing function.

Clients
What do we collect? How is it used? Why do we use it? Who has access to it?

We use your name, telephone number and email address in order to provide you with services, including access to the KnowledgeForce® technology platform.

We use the information provided to us to:

  • manage your account;
  • carry out our obligations arising from any contracts entered into between you and us and to provide you with the information and services that you request from us;
  • notify you about changes to our service

Processing is necessary for the performance of a contract to which the data subject is party or in order to take steps at the request of the data subject prior to entering into a contract.

Your client profile is available to our employees with a legitimate business need, such as the marketing team or our commercial and operations departments. Access is granted on a least-privileged basis. 

Your profile is stored on servers provided by our third party provider Calligo (https://calligo.cloud/) If you’re based in Europe, your profile is stored within the EEA. If you’re based in North America, your profile is stored outside the EEA.

Your full client profile is stored on our SalesForce account (www.salesforce.com) for the purposes of maintaining the CRM database and use of the Pardot email marketing function.

Survey Respondents
What do we collect? How is it used? Why do we use it? Who has access to it?

When you participate, or are invited to participate, in surveys or contests, your information may be used to administer the survey or contest, award prizes (if any) and compile aggregated, anonymised information on the results, which we provide to third parties.

At no point during the online survey will you be under any obligation to provide any Personal Data. You may still take part in the online survey, leaving some sections blank, should you not wish to give some or any of the Personal Data in the few places where this is requested.

The commissioning client will use the information you provide to us voluntarily to:

  • ensure your participation in a prize draw;
  • provide you with information that are similar to those that you have already enquired about;
  • notify you about promotions

We will use the information you provide to use voluntarily to: 

  • participate in a prize draw;
  • invite you to participate in additional market research

With the exception of IP address, you will have given your consent to the processing of your Personal Data for one or more specific purposes, which are provided at the time of collection by virtue of a Fair Processing Notice. 

The processing of IP address is necessary for the purposes of the legitimate interests pursued by either us or the commissioning client, specifically for the purposes of security and fraud prevention.

Any Personal Data provided to us and stored in the database is available to our employees with a legitimate business need, such as our development teams who maintain our internal platform. Access is granted on a least-privileged basis.

Your Personal Data is stored on servers provided by our third party provider Calligo (https://calligo.cloud/) If you’re based in Europe, your profile is stored within the EEA. If you’re based in North America, your profile is stored outside the EEA.

Any Personal Data will be provided to the client where you have consented to the disclosure, in the event that you are participating in a prize draw administered by the commissioning client, or for the purposes of fraud prevention.

We do not request or require you to provide any special categories of Personal Data including for example genetic data, biometric data for the purpose of uniquely identifying a natural personal, or information relating to your racial or ethnic origin, political opinions, religious beliefs, trade union membership, physical or mental health, or sexual orientation. If we become aware of any such data having been submitted to us, we will, where reasonably practicable, endeavor to delete it.

Cookies

When you visit our website or access our services, we will automatically collect certain information such as the IP address or domain name of the device used and the URI address. We also use the following types of cookies:

  • Session cookies - our shopper and client secure sites use session cookies which your computer stores only for that browsing session, once you close your browser, the cookie is deleted. These cookies allow users to navigate around the site using your logon details without having to login again on every page; and
  • Google Analytics tracking cookies - this cookie allows us to understand more about the websites visitors, such as the number of visitors, details of the devices used to access the site or our services, which pages are accessed and the various time details per visit.

For detailed information on the cookies we use and the purposes for which we use them, please see our cookie policy set out at https://www.marketforce.com/cookies

Where we store your personal data

We use servers in several locations to process and store Personal Data, including servers provided by our third party provider Calligo (https://calligo.cloud/) which are located within and outside the EEA. Personal data of independent contractors and other data subjects located in Europe is stored on servers located in countries within the EEA which have been recognized by the European Commission as providing adequate levels of protection for Personal Data. Personal data of independent contractors located elsewhere is stored on servers located outside the EEA.

All these servers are kept in a secure, locked environment with restricted access and we have on our own, and in conjunction with the third parties who operate the servers, established physical, electronic and procedural safeguards to protect your information.

The Personal Data stored by us may be accessed and processed by staff operating outside your jurisdiction, who work either for us or for one of our suppliers. These staff may be engaged in the fulfilment of your request, order or reservation, the processing of your payment details and the provision of support services to us. We will take all steps required by applicable law to ensure that your data is treated securely and in accordance with this privacy policy and applicable law.

The transmission of information via the internet is not secure. Although we will do our best to protect your Personal Data, we do not encrypt email messages and cannot guarantee the security of your data transmitted to the App or our Sites; any transmission is at your own risk. We have implemented a variety of technical and organizational measures to protect Personal Data from loss, misuse, unlawful processing, unauthorized access, disclosure, copying, alteration and destruction. These include limiting access to the databases to a limited number of authorized staff, who are required to enter into non-disclosure agreements before access is afforded to them and who can only access the database for legitimate pre-authorised purposes; access to the databases is password protected. We also have in place audit logs, intrusion detection software, anti-virus or malware protection and system integrity tools to further protect data stored on these databases.

Where we have given you (or where you have chosen) a password that enables you to access certain parts of the App and/or our Site, you are responsible for keeping this password confidential. You are responsible in protecting your account by not sharing your password with anyone.

Also, ensure that when using features such as social networking, chat room or forums, you do not submit any Personal Data that you do not want to be seen, collected or used by other users.

Third Party Websites

The App or our Site may, from time to time, contain links to and from the websites of our partner networks, advertisers and affiliates (including, but not limited to, websites on which the App or its services are advertised). If you follow a link to any of these websites, please note that these websites and any services that may be accessible through them have their own privacy policies and that we do not accept any responsibility or liability for these policies or for any personal data that may be collected through these websites or services, such as contact and location data. Please check these policies before you submit any personal data to these websites or use these services.

Social Media Features

Our Sites includes features from social media websites, such as the Facebook Like button. These features may collect your IP address, which page you are visiting on our Site, and may set a cookie to enable the feature to function properly. Social media features are either hosted by a third party or hosted directly on our Site. This privacy policy does not apply to these features. Your interactions with these features are governed by the privacy policy and other policies of the companies providing those features.

The amount of time we hold your Personal Data will vary but shall be kept for no longer than is necessary for the purposes for which it is being processed. We will retain your Personal Data in accordance with the following criteria:

Data Subject Criteria for Retention of Personal Data

Clients

We will retain your Personal Data indefinitely whilst you are accessing any of the services accessible through our KnowledgeForce® reporting platform or as agreed with the our client. When you stop accessing services, we will retain some restricted personal data for a period of time to allow you to download any client data.

Independent Contractors We will retain your Personal Data indefinitely whilst you are actively completing mystery shopping assignments for us. When you stop completing mystery shopping assignments, we will retain some restricted Personal Data in order to respond to any requests, support or defend any claims, and provide evidence of financial transactions in accordance with statutory retention periods.
Prospects and Commercial Requests We will retain your Personal Data for as long as necessary to provide you with the information requested or with information similar to those that you have already enquired about, or until you opt out of receiving marketing communications.
Survey Respondents We will retain your Personal Data typically for the duration of the contest. We will also retain some restricted Personal Data in order to support or defend any claims relating to the contest.

We ensure that you have certain rights in relation to the Personal Data we process. These rights to access, correct, amend or delete personal data vary by location and only the rights available to you in your physical location will be enforceable by you under this privacy policy.

Typically, you have the following rights:  

  • The right to access your Personal Data unless access is subject to a legal exception. Exceptions may apply for example where the data is the subject of confidential legal advice and is covered by legal professional privilege. In some countries, an application for access may be refused where it involves disproportionate effort, or inevitably requires the disclosure of the Personal Data of other individuals who have not provided their consent to the disclosure or to have your Personal Data;
  • The right to restrict processing and have your Personal Data corrected if it is inaccurate or incomplete;
  • The right to have your Personal Data erased if they are no longer necessary or required in relation to the purposes and no there are no other overriding legitimate grounds for us to continue processing it;
  • The right to opt out if your Personal Data is to be used for a purpose that is materially different from the purpose(s) for which it was originally collected or subsequently authorised by you, and
  • The right to complain to a supervisory authority if you think your rights have been infringed.

You can make a request to exercise your rights by completing the form available here: Data Subject Request

We will respond to these requests in accordance with the laws that apply to you.  When you make your request, the personal data you provide to us will be held on our secure, privacy management platform.

Access requests are free however we reserve the right to charge a reasonable fee to comply with requests when such request is manifestly unfounded or excessive.

In the case of individuals located in countries where the GDPR applies, to the extent we transfer Personal Data to Market Force Information group companies based in the U.S., for the purposes set out in this privacy policy, we rely on our certification with Privacy Shield (See Privacy Shield below). To the extent we transfer Personal Data to Market Force Information group companies based in Canada, for the purposes set out in this policy, we rely on the fact that Canada has been designated by the European Commission as a country which offers an adequate level of protection for personal data.

Where we transfer personal data relating to individuals located in the EU or the EEA not to its own group companies, but to third parties, we have in place Data Transfer Agreements based on the EU model clauses.


Privacy Shield

As a global company, Market Force Information complies with the principles of the U.S.-E.U. Privacy Shield as set forth by the U.S. Department of Commerce (“Privacy Shield”) regarding the collection, use, retention, and cross-border transfer of Personal Data (as defined by the Privacy Shield) originating from the European Union, which is transferred to group companies located in the US and we commit to process all such Personal Data received from the EU in accordance with the Privacy Shield principles(“the Principles”).  A link to the Privacy Shield framework and the Principles is here: https://www.privacyshield.gov/EU-US-Framework.

If you are located in the E.U., and we need to transfer your Personal Data for the purposes described above, we will take all steps reasonably necessary to ensure that your Personal Data is treated securely and in accordance with the Principles and this privacy policy.

As a Privacy Shield organization, Market Force Information has responsibility for the processing of Personal Data it receives under the Privacy Shield and subsequently transfers to a third party acting as an agent on its behalf.  Market Force shall remain liable under the Principles  if its agent processes such Personal Data in a manner inconsistent with the Principles, unless Market Force proves that it is not responsible for the event giving rise to the damage.

To learn more about the Principles, Choice, Accountability for Onward Transfer, Security, Data Integrity & Purpose Limitation, Access and Recourse, Enforcement & Liability, please visit https://www.privacyshield.gov/welcome.

You can find a copy of our Privacy Shield certification here: https://www.privacyshield.gov/list

Market Force Information uses a self-assessment approach to assure compliance with the Privacy Shield principles and this privacy policy. This includes periodically verifying that the Policy is accurate, comprehensive for the information intended to be covered, prominently displayed and accessible, and in compliance with the Privacy Shield Principles.

By adhering to the Privacy Shield Principles, we agree to be subject to the investigatory and enforcement powers of the U.S. Federal Trade Commission.

If you have questions or concerns regarding our compliance with the Privacy Shield framework, you should first contact us using the information found in the COMPLAINTS section. 

If you have a complaint regarding this privacy policy or how your data is being held, used or processed, you should first contact our Data Protection Officer, whose contact details appear below:

Attention:  Data Protection Officer
dataprotection@marketforce.com
Tel: +44(0)1908 328 000 

In the event an EU user is still concerned that Market Force Information is not complying with their obligations under the GDPR and is not handling their data responsibly and in line with good practice, then they may raise a concern with the UK Information Commissioner’s Office. The ICO can report a concern online here, https://ico.org.uk/concerns/handling/ or by phone on 0303 123 1113.

In addition, if an EU user has a complaint regarding Privacy Shield compliance that is not resolved through the steps described above, he or she may, under certain conditions, invoke binding arbitration,  Information on the conditions for and steps necessary to pursue this option is available at https://www.privacyshield.gov/article?id=ANNEX-I-introduction.

Questions, comments, notices and requests regarding this privacy policy are welcomed and should be emailed to dataprotection@marketforce.com.

Please make sure that you identify the Site or App through which you submitted Personal Data to enable us to quickly identify your records. 

If you live in Canada, questions, comments and requests can also be addressed to Market Force Information Canada, Inc. 185 Stradbrook Avenue, Winnipeg, Manitoba, Canada  R3L 0J4.  For Canadian users, any complaint will be responded to within thirty (30) days.

If you live outside North America, questions, comments and requests can also be addressed to Data Protection, Market Force Information (Europe) Ltd, Mount Mill Farm, Stratford Road, Wicken, Milton Keynes, MK19 6DG

Our legal status under UK data protection law is that of a data controller, and we have notified the Information Commissioner’s Office in accordance with the GDPR with registration number Z9429070.

Changes to privacy policy

Any changes we may make to our privacy policy in the future will be posted on this page and, where appropriate, notified to you by e-mail OR when you next start the App or log onto one our Site. The new terms may be displayed on-screen and you may be required to read and accept them to continue your use of the App or the Services.

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