We at the-COLLABORATORY value individuality, we value each and every one of you who participate in our community or who just interact with our website. We appreciate the value of your trust and have chosen to do so by committing to respect your fundamental rights, including the right to privacy and data protection.

As such, this Privacy Notice is designed to explain when and why we collect personal data about you, how we use it, the conditions under which we can disclose it to others, how we keep it safe and secure, and your rights and choices in relation to your information.

It is important that you read this Privacy Notice together with our Cookies Notice and any other notice we will provide on certain, 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. 

Scope

This Privacy Notice applies to your access to and use of the website located at www.the-collaboratory.com and any other website, microsite, mobile device application, or Internet property owned, or operated by the-COLLABORATORY, and related services. It also describes the personal data we collect from these sites and services and how it is used, including information we collect when you register for use of the websites. 

Who are we?

the-COLLABORATORY is an exclusive online community whose members share their experiences, thoughts and opinions in research studies. In this notice, ‘the-COLLABORATORY’, ‘we’, ‘us’ or ‘our’ means:

Collaboratory Laboratory LLC

PO Box 1641

Studio City, CA 91614

Any questions regarding this notice and our privacy practices should be sent to talk@the-collaboratory.com

For what purposes is your data processed?

Your data is processed for the following purposes:

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On what basis do we process your data?‍

For how long do we retain your data?

Depending on the purposes for which we process your data, it will be retained as necessary for the following:

Membership – To maintain your membership account for as long as you want it to remain active and for a period of six years thereafter for the exercise or defense of legal claims.

Pre-selection – To share opportunities about specific studies for as long as your account remains active. 

Communication – To stay in touch with you for so long as you remain part of the-COLLABORATORY. If you work for one of our clients or vendors, for a period of six years after the contract completion date for the exercise or defense of legal claims.

Research – To review your responses to each research questionnaire and for a period of one year thereafter.

Consumer payment – To keep compensating you for participating in research studies and for so long as your account remains active.

Who can receive your data?

In fulfilling the purposes outlined above, we may share your data with the following organizations:

Microsoft Corporation – Office software and cloud storage.

Google – Office software and e-mail.

Intuit – Accounting software.

PayPal – Payment processing.

Survey Monkey – Survey development and management.

Get Response – E-mail distribution and campaign set up.

FocusVision – Market research and analytics.

DropBox – File sharing.

Slack – Internal task tracking and communication.

Our clients – Reporting of research findings.

Authorities – Regulatory compliance.

What are your rights?

When it comes to your data, you have been afforded the rights listed below and you can exercise them by submitting this form to talk@the-collaboratory.com.

Right of access – You can request a copy of the personal data we hold about you.

For example, if you created an account on our website, you can request that we send you a copy of the information we hold about you. However, if we are unable to associate the information with you, it can be excluded from our response. 

Right to rectification – If we have entered your personal data incorrectly, you can request that we fix it.

For example, if your last name has changed because you have recently married (congratulations!), you can ask us to amend our records to reflect that.

Right to erasure (‘right to be forgotten’) – You can request that we delete all your personal data.

For example, you can request that we delete your account and the answers you have given in any research studies. However, be mindful that there are circumstances when such requests can be denied, including when we need to continue processing your data to comply with legal obligations imposed on us or for the exercise or defense of legal claims.

Right to restriction of processing – In the case we enter into an argument regarding the processing of your data, you can request that we stop processing it until the argument is resolved.

For example, you can request we stop processing your data because its accuracy is contested. However, the restriction will last until this particular issue is resolved as opposed to indefinitely.

Right to data portability – You can receive all of your own data in commonly-readable format.

For example, you can request we send your data to another provider. However, such requests can only be made with respect to data processed on the basis of your consent or contractual necessity. 

Right to object – In cases involving, for example, inviting you to specific topic-related studies, you could object to the processing of your personal data, if we continued sending you information about those after you have opted-out of receiving it.

However, be mindful that such requests can only be made about processing based on our legitimate interests.

Right to lodge a complaint – You have the right to lodge a complaint with the Supervisory Authority in the country where you reside, work or where the alleged infringement took place.

Children

the-COLLABORATORY’s site is not directed to children under the age of fourteen. We do not knowingly collect personal information from children under the age of fourteen, and we take reasonable precautions to prevent children under the age of fourteen from submitting their personal information through the website.

International Users

This website is hosted on servers in the United States and all information collected by the-COLLABORATORY from this website will be collected, stored, used and otherwise processed in the United States, including information voluntarily provided by users outside the United States. 

Changes to this Privacy Notice.

We try to keep this Privacy Notice up to date at all times but, should we introduce any changes, we will endeavor to list them in this section for ease of reference.

Last updated: December 1st, 2020

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Acceptance of User Agreement and Terms and Conditions
This User Agreement (this "Agreement") applies exclusively to your access to, and use of, the-Collaboratory’s website at www.the-collaboratory.com (the "Site") and the services provided by the-Collaboratory and/or its related entities on the Site (the "Service"). The Site, the Service, and any other services the-Collaboratory provides on the Site are referred to in this Agreement collectively as the "Services." Please read this Agreement carefully. the-Collaboratory is only willing to make the Services available to you if you accept and abide by the terms of this Agreement. By accessing or using the Services, you enter into a binding legal agreement between you and Gordon Innovation Group, consisting of this Agreement and all terms, policies, and guidelines referenced in this Agreement. Furthermore, by accessing or using the Services you are declaring that you are not a professional survey taker. If you do not agree with any provision of this Agreement, you should not access or use the Services.

‍The Service

The Service allows persons who meet its eligibility requirements to register as a user member (the "Member"). Members may participate in surveys and/or studies on the Site but are not guaranteed to qualify to participate in any particular survey and/or study. In cases where the Member does not qualify to participate in a particular survey, the Member may be redirected to another survey with a different reward amount, which may be lower or higher than the reward amount indicated in the original survey. The Member may also be routed out of the survey and not given an opportunity at another survey.  Members in good standing may receive incentives such as a "Cash Reward" for completing surveys and/or studies in accordance with this Agreement and with any other policies and guidelines for participation in the Service that the-Collaboratory may make available from time to time. Members may also be contacted via e-mail or other method provided by Member for prequalification of a study, or for solicitation of interest in other forms of studies and surveys such as focus groups for example.

Cash Reward and Other Incentives

The Cash Reward or Other Incentive offered to a member for participation in a survey or study is only earned upon completion of the requirement of that particular survey or study.  Members will typically not be incentivized for participating in prequalification questionnaires or if they fail to complete all requirements of a particular study.  Mere participation in the survey and/or study does not assure you to receive the full Cash Reward or incentive as indicated therein.

Service Eligibility and Registration

The Service may be used only by persons 18 years of age or older or by persons between 14 and 17 years of age (a "Minor") with the permission and supervision of a parent or guardian 18 years of age or older (a "Guardian"). the-Collaboratory relies upon Guardians to determine whether any surveys and/or study or other content made available through the Service is appropriate for the viewing, access, download, or participation in by persons under 18 years of age. If you are a Minor, you may not register for or use the Service without the permission and supervision of a Guardian. The Service is not intended for the use of children under 14 years of age. Use of the Service is void where prohibited by State law, Federal law, or another laws of the jurisdiction where Member may live or where the Member uses the Site.

By accessing or using the Service, you represent and warrant that you meet the eligibility requirements in this paragraph and are fully able and competent to enter into, and abide by, the terms of this Agreement.

Fees for the Service

There is no fee to participate in the Service and/or study. the-Collaboratory may, in its sole discretion, elect to charge fees for participating in the Service and/or study, or to use or access any other Services, at any time. If it does, it will update this Agreement to reflect such fees.

Participation Requirements

Your ability to participate in the Services is expressly conditioned upon your compliance with this Agreement and with all policies and guidelines applicable to the Services that the-Collaboratory may make available from time to time. In the event of your noncompliance, fraud or other inappropriate activity (as determined by the-Collaboratory in its sole discretion), the-Collaboratory may cancel or invalidate your accounts, registrations and Cash Reward, incentives, deny redemption of your Cash Reward, or restrict, block, limit, and prevent your access to and use of the Services and, further, all Cash Rewards, incentives and rewards shall be subject to forfeiture. Without limiting the generality of the foregoing, the following requirements apply to your use of the Services:

• Non-Use and Nondisclosure
• Information and content made available to you in the Service may contain trade secrets or other confidential or proprietary information of the-Collaboratory, its customers, 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 activity related to the Service. You must not use any such information or content for any purpose other than your participation in the Service in accordance with this Agreement. You hereby agree to notify the-Collaboratory 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.
• Registration Information
• You agree to (a) provide accurate, current and complete information about you as may be prompted by any registration forms on the Services and/or study; (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 the-Collaboratory, so as to keep it accurate, current and complete. Registration requires information that includes without limitation your full legal name, your date of birth, the address of your primary residence, your phone number and your working email address. If you receive the IRS minimum qualifying income during a taxable year, you must submit tax identification information.
• Accounts
• You may have only one active account at any time. Only one account per mailing address is allowed. Multiple accounts for any person or mailing address are subject to termination and forfeiture of all Cash Rewards, incentives and rewards.
• Compliance with Laws
• You must at all times comply with all applicable laws, rules, regulations, and orders, and not cause the-Collaboratory to violate any laws, rules, regulations, or orders, in the state of California and your place of residence.
• Good-Faith Participation
• You agree to participate in good faith and to the best of your ability in any market research activities in which you participate in connection with the Service. You will not provide false or misleading data, including without limitation, survey responses that are inconsistent with prior responses or statistically improbable.
• Appropriate Communications
• If you communicate with the-Collaboratory personnel ("Personnel"), you agree to do so in a respectful and appropriate manner. You shall not send, share or otherwise distribute to Personnel, Personnel affiliates or other users of the Services and/or study any communications having obscene, vulgar, sexually-oriented, threatening, hateful or illegal content.
• User Content
• You may provide information to the-Collaboratory in connection with your participation in market research or otherwise in connection with the Service, including survey responses, ideas, feedback, or other information or content ("User Content"). If you provide any User Content, unless the-Collaboratory expressly indicates otherwise, you grant the-Collaboratory and its affiliates a nonexclusive, royalty-free, perpetual, irrevocable, and fully sub licensable right to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, perform and display such User Content throughout the world in any media, without acknowledgement or compensation to you. By providing any User Content, you represent and warrant that you have the lawful right to provide it, and that it is accurate and complete. You must not provide any User Content that:
• is unlawful, libelous, defamatory, obscene, pornographic, indecent, lewd, suggestive, harassing, threatening, invasive of privacy or publicity rights, abusive, inflammatory, false, inaccurate, misleading, fraudulent, or impersonates or misrepresents an affiliation with any person or entity;
• would violate an obligation of confidentiality or the rights of any person or entity, or that would otherwise create liability or violate any local, state, national, or international law, including, without limitation, the regulations of the U.S. Securities and Exchange Commission or any rules of a securities exchange such as the New York Stock Exchange, the American Stock Exchange, or the NASDAQ;
• may infringe any patent, trademark, trade secret, copyright, or other intellectual or proprietary right of any person or entity;
• contains any private information of any person or entity, including, without limitation, addresses, phone numbers, email addresses, Social Security numbers, credit card numbers, taxpayer identification numbers, numeric or alphabetic characters of a financial or medical account identifier;
• contains any viruses, corrupted data or other harmful, disruptive, or destructive files or information; or
• in the sole judgment of the-Collaboratory, is objectionable, does not reflect your good faith efforts to be responsive to survey or market research questions, or which may expose the-Collaboratory or its licensees, licensors, customers, or suppliers to liability of any type.
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Copyright and Limited License

The Services and all content and other materials contained on or within the Services, including, without limitation, the the-Collaboratory logo, and all information, content, designs, text, graphics, information, data, software, other files, and the selection and arrangement thereof (collectively, the "Content"), are the proprietary property of the-Collaboratory and/or its customers, suppliers and licensors. The Collaboratory will use all available laws to enforce any improper use of its proprietary property.

If you comply with all the terms and conditions of this Agreement, the-Collaboratory grants you a limited, revocable, non-transferable, and non-exclusive license to access and use the Services, solely for your personal, non-commercial purposes. Except for those rights expressly granted in this Agreement, no other rights are granted, either express or implied, to you under this Agreement. Unless explicitly stated in this Agreement, nothing in this Agreement will be construed as conferring any license to intellectual property rights, whether by estoppel, implication or otherwise. This license is revocable at any time.

Any use of the Services or any Content other than as specifically authorized in this Agreement, without the prior written permission of the-Collaboratory, is strictly prohibited and will terminate the license granted in this section. Unauthorized use may also violate applicable laws and regulations, including, without limitation, copyright and trademark laws and applicable communications regulations and statutes, and the rights of the-Collaboratory and of third parties.

Trademarks

the-Collaboratory, the-Collaboratory logos, the-Collaboratory mascot, website, and other designs and any other product or service name or slogan contained in any Content or otherwise within the Services are trademarks of the-Collaboratory and its suppliers or licensors, and may not be copied, imitated or used, in whole or in part, without the prior written permission of the-Collaboratory or the applicable trademark holder. All other trademarks, registered trademarks, product names and company names or logos mentioned in the Services or in any Content are the property of their respective owners. Reference to any products, services, processes or other information, by trade name, trademark, manufacturer, supplier or otherwise does not constitute or imply endorsement, sponsorship or recommendation thereof by the-Collaboratory.

Disclaimer of Warranties

YOUR USE OF THE SERVICES, INCLUDING, WITHOUT LIMITATION, YOUR USE OF ANY CONTENT, IS AT YOUR SOLE RISK. THE SERVICES AND ALL CONTENT ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. THE-COLLABORATORY, ITS AFFILIATES, LICENSORS, AND SUPPLIERS, AND THEIR RESPECTIVE MEMBERS, DIRECTORS, OFFICERS, AGENTS, AND EMPLOYEES (COLLECTIVELY, THE "PROVIDERS") EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT. NEITHER THE-COLLABORATORY NOR ANY OTHER PROVIDERS WARRANT UNINTERRUPTED USE, OPERATION, OR AVAILABILITY OF THE SERVICES OR ANY CONTENT, OR THAT ANY SUBMISSION OR TRANSACTION REQUEST YOU ATTEMPT USING THE SERVICES WILL BE SUCCESSFUL, UNCORRUPTED, OR COMPLETED WITHIN A REASONABLE AMOUNT OF TIME. YOU WILL BE SOLELY RESPONSIBLE FOR ANY DELAY OR LOSS OF ANY KIND THAT RESULTS FROM YOUR ACCESS TO, OR USE OF, THE SERVICES AND THE CONTENT. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM THE-COLLABORATORY OR ANY OTHER PROVIDER THROUGH OR FROM THE SERVICES, WILL CREATE ANY WARRANTY REGARDING THE SERVICES THAT IS NOT EXPRESSLY STATED IN THIS AGREEMENT. SOME JURISDICTIONS MAY PROHIBIT A DISCLAIMER OF WARRANTIES AND YOU MAY HAVE OTHER RIGHTS THAT VARY FROM JURISDICTION TO JURISDICTION.

Limitation of Liability

NEITHER THE-COLLABORATORY NOR ANY OTHER PROVIDERS WILL BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR EXEMPLARY DAMAGES, INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA, OR OTHER INTANGIBLE LOSSES (EVEN IF THE-COLLABORATORY OR ANY OTHER PROVIDERS HAVE BEEN ADVISED OF THE POSSIBILITY OF THESE DAMAGES), RESULTING FROM YOUR ACCESS TO OR USE OF, OR YOUR INABILITY TO ACCESS OR USE, THE SERVICES OR ANY CONTENT. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, SO THE ABOVE LIMITATION MAY NOT APPLY TO YOU.

THE MAXIMUM TOTAL LIABILITY OF THE-COLLABORATORY AND ALL OTHER PROVIDERS TO YOU FOR ALL CLAIMS UNDER THIS AGREEMENT, WHETHER IN CONTRACT, TORT, OR OTHERWISE, IS THE GREATER OF (A) ANY AMOUNTS PAID BY THE-COLLABORATORY TO YOU UNDER THIS AGREEMENT IN THE TWELVE MONTHS PRECEDING THE APPLICABLE CLAIM, AND (B) 100 UNITED STATES DOLLARS ($100 USD). EACH PROVISION OF THIS AGREEMENT THAT PROVIDES FOR A LIMITATION OF LIABILITY, DISCLAIMER OF WARRANTIES, OR EXCLUSION OF DAMAGES IS TO ALLOCATE THE RISKS UNDER THIS AGREEMENT BETWEEN THE PARTIES. THIS ALLOCATION IS AN ESSENTIAL ELEMENT OF THE BASIS OF THE BARGAIN BETWEEN THE PARTIES. EACH OF THESE PROVISIONS IS SEVERABLE AND INDEPENDENT OF ALL OTHER PROVISIONS OF THIS AGREEMENT. THE LIMITATIONS IN THIS SECTION WILL APPLY EVEN IF ANY LIMITED REMEDY FAILS OF ITS ESSENTIAL PURPOSE.

Indemnification

You will indemnify and hold harmless the-Collaboratory its affiliates, and related entities, and all other Providers from and against any costs, damages, expenses, and liabilities (including, but not limited to, reasonable attorneys' fees) arising out of or related to any User Content, your use of the Services or any Content, your violation of this Agreement, or your violation of any rights of a third party.

Third-Party Content

The Services may contain links or references to information, content, and services provided by third parties (collectively, "Third-Party Content") as a service to those interested in this information. the-Collaboratory does not monitor or have any control over any Third-Party Content. the-Collaboratory does not endorse or adopt any Third-Party Content and can make no guarantee as to its accuracy or completeness. the-Collaboratory undertakes no responsibility to update or review any Third-Party Content, and does not represent or warrant the accuracy of any information contained in any Third Party Content. You use any Third Party Content contained therein at your own risk

Privacy

the-Collaboratory may collect registration and other information about you through the Services. Please see the Privacy Policy for information regarding the-Collaboratory's collection, use, and disclosure of this information.

Feedback

You acknowledge and agree that any questions, comments, suggestions, ideas, feedback, original or creative materials, or other information or content provided by you to the-Collaboratory, to the extent it is not User Content, will become the sole property of the-Collaboratory. the-Collaboratory will own exclusive rights, including all intellectual property rights, and shall be entitled to the unrestricted use and dissemination of such information and content for any purpose, commercial or otherwise, without acknowledgment or compensation to you. Further, you hereby grant to the-Collaboratory a perpetual and irrevocable license to use such information and content for any purpose.

Independent Contractors

You and the-Collaboratory are independent contractors for all purposes. No agency, partnership, joint venture, employee-employer or franchisor-franchisee relationship is intended or created by this Agreement or by your access to or use of the Services.

Termination

Notwithstanding any term of this Agreement, the-Collaboratory reserves the right, without notice and in its sole discretion, to discontinue or terminate any of the Services, to terminate your license to use the Services, to delete any registrations or other accounts, to delete Cash Reward balance without redemption, and to restrict, block, limit, and prevent your access to and use of the Services. Any termination or other action by the-Collaboratory described in this paragraph will not limit any other remedies the-Collaboratory may have against you at law or equity.

Updates to this Agreement

the-Collaboratory may update this Agreement from time to time. When it does, it will revise the "last updated" date on this Agreement. You are responsible for reviewing the most recent version of this Agreement frequently and for remaining informed about any changes to it. By continuing to use the Services, you consent to any updates to this Agreement.

General Legal Notices

By accessing or using the Services, you consent to receiving electronic communications from the-Collaboratory. These communications may include notices about your account and information concerning or related to the Services. You agree that any notices, agreements, disclosures, or other communications that the-Collaboratory sends to you electronically will satisfy any legal communication requirements, including any requirement that communications be in writing.

the-Collaboratory's failure to act in a particular circumstance does not waive its ability to act with respect to that circumstance or similar circumstances. Any provision of this Agreement that is found to be invalid, unlawful, or unenforceable will be severed from this Agreement, and the remaining provisions of this Agreement will continue to be in full force and effect. The section headings and titles in this Agreement are for convenience only and have no legal or contractual effect. Any provisions in this Agreement that by their nature should survive the termination of this Agreement (including, without limitation, provisions governing indemnification, limitations on liability, disclaimers of warranty, and ownership of intellectual property) will continue to remain in full force and effect after the termination of this Agreement.

This Agreement is governed by the laws of the State of California, USA, excluding conflicts of law principles. Any controversy or claim arising out of or relating to the Services or this Agreement must be commenced within one year after the claim arose and will be settled by binding arbitration, other than small claims court matter, in accordance with the commercial arbitration rules of the American Arbitration Association. Any such controversy or claim will be arbitrated on an individual basis, and will not be consolidated in any arbitration with any claim or controversy of any other party. “ON AN INDIVIDUAL BASIS MEANS THAT YOU CANNOT BRING A CLAIM AS A CLASS REPRESENTATIVE, PLAINTIFF AND/OR CLASS MEMBER IN A CLASS, CONSOLIDATED, OR REPRESENTATIVE ACTION. CLASS ARBITRATIONS, CLASS ACTIONS, PRIVATE ATTORNEY GENERAL ACTIONS, AND CONSOLIDATION WITH OTHER ARBITRATIONS ARE EXPRESS PROHIBITED AS PART OF THIS AGREEMENT.  The arbitration will be conducted in Los Angeles, CA, and judgment on the arbitration award may be entered into any court of competent jurisdiction. The award of the arbitrator will be final and binding upon the parties without appeal or review except as permitted by California law. Either party may seek any interim or preliminary injunctive relief from any court of competent jurisdiction, as necessary to protect the party's rights or property pending the completion of arbitration.

This Agreement, including all terms, policies, and guidelines referenced in this Agreement, is the entire agreement between you and the-Collaboratory concerning the Services. This Agreement supersedes all prior agreements or communications between you and the-Collaboratory regarding the subject matter of this Agreement.

Contactingthe-Collaboratory

If you wish to contact us regarding any questions or concerns about this Agreement or the Services, please email us at talk@the-collaboratory.com.