Privacy & Legal
Net Promoter, NPS, and Net Promoter Score are trademarks of Satmetrix Systems, Inc., Bain & Company, Inc., and Fred Reichheld.
Effective Date: December 14, 2005
This Privacy Statement and disclaimer explains the data practices of Satmetrix Systems, Inc. (“Netpromoter.com”, “Satmetrix” or “Us”) for the website Netpromoter.com. Part I describes our data practices with respect to information we collect about our business contacts and other visitors to the Netpromoter.com website. The general provisions in Part II apply to our data practices in Part I. If you have questions or concerns regarding this statement, you should first contact the Satmetrix Operations Department via the privacy form.
BUSINESS CONTACT INFORMATION
Satmetrix processes (on its own behalf) information about visitors and users of Netpromoter.com, as described in this Part I.
1. Collection and Use of Business Contact Data
The individuals who represent Netpromoter.com visitors, bloggers, and users (“Business Contacts”) may voluntarily provide their contact information and related data including blog feedback (collectively “Business Contact Data”) to Satmetrix by various means, including telephone, email, blog comments, postal mail, the “contact us” or “download” page on the Netpromoter.com site, or other means. The Business Contact Data submitted to Netpromoter.com is used to communicate with and provide services for site users and potential Customers. Satmetrix corrects or updates Business Contact Data when a request by the applicable Business Contact is requested. To send a request, please fill out the privacy form or mail to Satmetrix Systems, Inc.; 950 Tower Lane, Suite 500, Foster City, CA 94404 USA. We will respond to your request for access within 30 days.
When a Business Contact accesses reports through Netpromoter.com’s servers, or otherwise uses the Netpromoter.com site, our servers may place persistent cookies on the Business Contact’s computer in order to keep track of the Business Contact’s personalized settings.
In some cases, we use unique identifiers in email messages sent to Business Contacts, which enable us to determine which emails havegenerated responses. This allows us to gauge the effectiveness of certain communications and to exclude those Business Contacts who have already responded to a certain message from duplicate messages.
Periodically, we may have special offers that collect personal information. That information would be used for the stated purpose and as consistent with this privacy statement. These special offers include but are not limited to promotional giveaways, newsletters and fact kits. Out of respect for our users’ privacy we provide a way to opt-out of our newsletter and other promotional communications. Users may opt-out by clicking on the unsubscribe link that’s included in these communications.
In addition to Business Contact Data, Satmetrix may collect non-personally identifiable information indirectly and automatically about visitors’ use of the site, including the web pages viewed on the site, the web page from which the visitor linked to the site, the web page to which the visitor linked from the site, and information about the browser the visitor is using (through, for example, the use of “cookies” or the visitor’s “IP address”) about the visitor’s activities on the site. We use this browsing information for internal purposes such as to help understand how the site is being used and to improve it, and for systems administration purposes.
2. Disclosure of Business Contact Data
Generally, Netpromoter.com does not provide Business Contact Data or other data to third parties. Netpromoter.com may provide Business Contact Data or other data to third parties to the extent such third parties provide operational assistance (i.e., outsourced or third party services) to Netpromoter.com and then only for that purpose. Netpromoter.com may share Business Contact Data or other data with its corporate family, including its parent company, subsidiaries, or other companies under common control with Netpromoter.com for the same operational assistance.
1. Security Measures
Netpromoter.com uses industry-standard security measures to protect the integrity and confidentiality of Business Contact Data as well as Personal Data it processes on behalf of Customers, including, in appropriate circumstances, the use of firewalls, restricted access, and encrypted transmissions. Netpromoter.com limits access to Business Contact Data or Personal Data to those persons in Satmetrix’s organization who have a business need to process such Business Contact Data or Personal Data. However, no company, including Satmetrix, can fully eliminate the security risks associated with such Business Contact Data or Personal Data.
Due to factors beyond Satmetrix’s control, Satmetrix cannot ensure that Business Contact Data or Personal Data will not be disclosed to third parties. For example, Satmetrix may become legally obligated to disclose such data, or, despite precautions, third parties may circumvent security measures to intercept or access such data.
2. Corporate Family and Successors
If another company acquires Satmetrix or substantially all of its assets, that company will (a) succeed to ownership of the Business Contact Data held by Satmetrix and will possess the Personal Data held by Satmetrix, and (b) assume the rights and obligations regarding such Business Contact Data and Personal Data described in this Privacy Statement.
Questions, comments, or complaints about this Privacy Statement or Netpromoter.com’s data practices please fill out the privacy form or mailed to Satmetrix Systems, Inc.; 950 Tower Lane, Suite 500, Foster City, CA 94404 USA. We will respond to your request for access within 30 days. Any questions, comments, or complaints about the data practices (including without limitation compliance with the data privacy principles of notice, choice, onward transfer, access, security, data integrity, or enforcement) of a Satmetrix Customer for whom Satmetrix processes data, should be directed to that Customer.
4. Notification of Changes
5. Choice / Opt-out
We provide you the opportunity to ‘opt-out’ of having your personally identifiable information used for certain purposes, when we ask for this information. For example, if you request information but do not wish to receive any additional marketing material from us, you can indicate your preference on our contact form If you no longer wish to receive our newsletter, surveys or promotional communications, you may opt-out of receiving them by following the instructions included in each correspondence or by emailing us at firstname.lastname@example.org. In addition you may contact us at 650-227-8300 or by mail at 950 Tower Lane, Suite 500 Foster City, CA 94404. You will be notified when your personal information is collected by any third party that is not our agent/service provider, so you can make an informed choice as to whether or not to share your information with that party.
6. Legal Disclaimer
We reserve the right to disclose your personally identifiable information as required by law and when we believe that disclosure is necessary to protect our rights and/or to comply with a judicial proceeding, court order, or legal process served on our Web site.
The following are the terms and conditions by which Netpromoter.com (the Service) is operated. By posting or submitting to Netpromoter.com, you agree to these terms and conditions.
Changes in Terms and Conditions and Service. We may modify or terminate our services from time to time, for any reason, and without notice, including the right to terminate with or without notice, without liability to you, any other user or any third party. We reserve the right to modify these Terms of Service from time to time without notice. Please review these Terms of Service from time to time so that you will be apprised of any changes.
Messages Posted by Other People. Netpromoter.com (the Service) consists of information posted by many people. Satmetrix Systems does not monitor or control the content of this information. Instead, we simply provide access to the public forum in which people post their comments. Accordingly, if you are concerned about a message that someone has posted, you need to resolve that problem directly with the person who posted it. Except in extreme circumstances, Satmetrix Systems will not act upon an individual’s request to remove another person’s messages. We firmly believe it is not Satmetrix Systems’ role to resolve disputes among the users who have posted on Netpromoter.com.
It is Satmetrix Systems’ policy to respond to notices of alleged infringement that comply with the Digital Millennium Copyright Act in an appropriate manner under such Act and other applicable intellectual property laws, including the removal or disabling of access to material claimed to be the subject of infringing activity.
Discussion Forums. The Service contains certain discussion forums.
You understand and agree that Satmetrix makes no representation about the selection of posts, we make no representation that Satmetrix discloses all submitted posts, or that the posts represent an exhaustive representation of what Satmetrix receives.
MUCH OF THE CONTENT OF THE FORUMS – INCLUDING THE CONTENTS OF SPECIFIC POSTINGS – IS PROVIDED BY AND IS THE RESPONSIBILITY OF THE PERSON POSTING IN THAT FORUM. SATMETRIX SYSTEMS DOES NOT MONITOR THE CONTENT OF THE FORUMS AND TAKES NO RESPONSIBILITY FOR SUCH CONTENT. INSTEAD, SATMETRIX SYSTEMS MERELY PROVIDES ACCESS TO SUCH CONTENT AS A SERVICE TO YOU.
By their very nature, Forums may carry offensive, harmful, inaccurate or otherwise inappropriate material, or in some cases, postings that have been mislabeled or are otherwise deceptive. We expect that you will use caution and common sense and exercise proper judgment when using forums.
No Endorsement. Further, Satmetrix makes no representations or warranties about any and all editorial content on the Web site. Opinions on the Web site are not to be construed as assertions of fact. You agree that Satmetrix is not liable for content that is provided by others.
You acknowledge that any reliance on material posted in the Forums will be at your own risk.
No Obligation to Monitor. Satmetrix Systems does not control the information delivered to the Forums, and Satmetrix Systems has no obligation to monitor the Forums. Satmetrix has no duty to pre-screen content, but we reserve the right to refuse to post or to redact submitted content at our discretion. Satmetrix reserves the right to remove content for any reason, but we are not responsible for any failure or delay in removing such material.
Satmetrix Systems reserves the right at all times to disclose any information as necessary to satisfy any applicable law, regulation, legal process or governmental request, or to edit, refuse to post or to remove any information or materials, in whole or in part, for any reason whatsoever, in Satmetrix Systems’ sole discretion.
Satmetrix Systems’ Rights. If Satmetrix Systems discovers communications that allegedly do not conform to any term of this Agreement, Satmetrix Systems may investigate the allegation and determine in good faith and in its sole discretion whether to remove or request the removal of the communication. Satmetrix Systems will have no liability or responsibility for performance or non-performance of such activities. Satmetrix Systems reserves the right to terminate or restrict your access to any or all of the Forums at any time without notice for any reason whatsoever.
You agree that you are responsible for your own communications and for any consequences thereof. You agree to use the Forums only to send and receive messages and material that are legal, proper and related to the particular Forum. By way of example, and not as a limitation, you agree that when using a Forum, you will not:
Defame, abuse, harass, stalk, threaten or otherwise violate the legal rights (such as rights of privacy and publicity) of others.
Publish, post, upload, distribute or disseminate or offer to do the same (hereinafter “Post”) any inappropriate, defamatory, infringing, obscene, or unlawful material or information.
Post any material that infringes any patent, trademark, copyright, trade secret or other proprietary right of any party (the “Rights”), unless you are the owner of the Rights or have the permission of the owner to post or transmit such material.
Post any files that contain viruses, corrupted files, or any other similar software or programs that may damage the operation of another’s computer.
Advertise or offer to sell any goods or services for any commercial purpose, other than in Forums intended for such uses.
Conduct or forward surveys, contests, pyramid schemes or chain letters, other than in Forums intended for such uses.
Download any file posted by another user of a Forum that you know, or reasonably should know, that cannot be legally distributed in such manner.
Impersonate another person or entity, or falsify or delete any author attributions, legal or other proper notices or proprietary designations or labels of the origin or source of software or other material contained in a file that is posted.
Restrict or inhibit any other user from using and enjoying the Forums.
License Grant. By posting communications on or through the Service, you automatically grant Satmetrix Systems a royalty-free, perpetual, irrevocable, non-exclusive license to use, reproduce, modify, publish, edit, translate, distribute, perform, and display the communication alone or as part of other works in any form, media, or technology whether now known or hereafter developed, and to sublicense such rights through multiple tiers of sublicensees.
Copyright Infringement and Copyright Agent. If you believe that your work has been copied and is accessible on Netpromoter.com in a way that constitutes copyright infringement, please contact us to report possible copyright infringement at email@example.com. Satmetrix Systems may, in appropriate circumstances and at its discretion, remove, or disable access to, material on the Web Site that infringes on the rights of others.
No Warranties. MUCH OF THE MATERIAL ON THE SERVICE IS PROVIDED BY THIRD PARTIES AND SATMETRIX SYSTEMS SHALL NOT BE HELD RESPONSIBLE FOR ANY SUCH THIRD PARTY MATERIAL. THE SERVICE AND MATERIAL ARE PROVIDED ON AN “AS IS” BASIS WITHOUT ANY WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED. SATMETRIX SYSTEMS AND ITS SUPPLIERS, TO THE FULLEST EXTENT PERMITTED BY LAW, DISCLAIM ALL WARRANTIES, INCLUDING BUT NOT LIMITED TO WARRANTIES OF TITLE, FITNESS FOR A PARTICULAR PURPOSE, MERCHANTABILITY AND NON-INFRINGEMENT OF PROPRIETARY OR THIRD PARTY RIGHTS. SATMETRIX SYSTEMS AND ITS SUPPLIERS MAKE NO WARRANTIES ABOUT THE ACCURACY, RELIABILITY, COMPLETENESS, OR TIMELINESS OF THE MATERIAL, SERVICES, SOFTWARE, TEXT, GRAPHICS, AND LINKS.
SATMETRIX SYSTEMS DOES NOT WARRANT THAT THE SERVICE WILL OPERATE ERROR-FREE OR THAT THE SERVICE OR ITS SERVER ARE FREE OF COMPUTER VIRUSES OR OTHER HARMFUL ITEMS. IF YOUR USE OF THE SERVICE OR THE MATERIAL RESULTS IN THE NEED FOR SERVICING OR REPLACING EQUIPMENT OR DATA, SATMETRIX SYSTEMS IS NOT RESPONSIBLE FOR THOSE COSTS.
IN NO EVENT SHALL SATMETRIX SYSTEMS OR ITS SUPPLIERS BE LIABLE TO ANY USER OR ANY THIRD PARTY FOR ANY DAMAGES WHATSOEVER (INCLUDING, WITHOUT LIMITATION, DIRECT, INDIRECT, INCIDENTIAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY OR LOST PROFITS) RESULTING FROM THE USE OR INABILITY TO USE THE SERVICE OR THE MATERIAL, WHETHER BASED ON WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT SATMETRIX SYSTEMS IS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
Indemnity. You agree to defend, indemnify, and hold harmless Satmetrix Systems, its officers, directors, employees, contractors and agents, from and against any claims, actions or demands, including without limitation reasonable legal and accounting fees, alleging or resulting from your use or posting of Material or your breach of the terms of this Agreement (a “Claim”). In the event a Claim is brought against Satmetrix Systems, Satmetrix Systems shall provide notice to you and shall have the right to retain counsel of its choosing to defend against such a Claim. You agree to reimburse Satmetrix Systems for any costs (including reasonable attorney fees) or damages awards incurred in association with such defense. Furthermore, you agree to cooperate in good faith to assist Satmetrix Systems in such defense and any settlement negotiations related thereto, and to reimburse Satmetrix Systems for reasonable settlement amounts if any.