Privacy Policy

Welcome to the Potloc Website! 

Potloc Inc. (“Potloc”, “we”, “us” or “our”) is committed to the privacy and security of your personal information. This Privacy Policy (the “Policy”) explains the privacy practices of Potloc which apply to the processing activities of Potloc as controller in respect of personal information (i) collected by us when you use the website located at http://potloc.com, which is owned and operated by Potloc, and includes all subdomains and apps, present and future (the “Website”), including through your participation in surveys (as defined below), (ii) provided to us by our clients and affiliates in order to enable us to reach out to you (e.g., a client may give us their custom audiences in order to enable us to conduct a survey targeted to people who clicked on the ad of that client), and (iii) when you communicate with us by any means or agree to receive emails from us.

For the avoidance of doubt, this Policy does not apply to the general practices and processing of personal information by third parties who do not process personal information on behalf of Potloc, including but not limited to (i) our clients if (and to the extent that) we act for them as their processor and, more generally, (ii) the editors/providers of any third-party websites or goods/services (“Third-Party Website” or “Third-Party Service”) that you elect to access/utilize through the Website or via a link from the Website. While we attempt to work only for clients – and facilitate access or link only to those Third-Party Websites or Services – that share our respect for your privacy, we cannot take responsibility for the content or privacy policies of those editors/providers of Third-Party Websites or Third-Party Services. We encourage you to carefully review the privacy policies of the editors/providers of any Third-Party Website you access or Third-Party Service you use.

Additional definitions may be made throughout this Policy, but they will be recognizable as they will be capitalized, bolded, and in quotation marks. Additional definitions may also be found in the Terms of Use (the “TOU”), and will have the same meaning in this Policy as they do there. The definitions found in this Policy shall also apply to the TOU. The Policy should be read in conjunction with the TOU, as both these documents govern your use of the Website.

If you have any questions, concerns or comments about our treatment of your personal information or this Policy, please contact our Privacy Officer and our Data Protection Officer appointed under the GDPR at privacy@potloc.com or at 5420 Saint-Laurent Street, Suite 300, Montreal, Quebec, H2T 1S1, Canada. Our representative in the European Union is Potloc France, which can be contacted at 63 Rue Sainte-Anne, Paris, 75002, France. Our representative in the United Kingdom is Rickert Services Ltd UK which can be contacted at PO Box 1487 Peterborough PE1 9XX United Kingdom or via email at art-27-rep-potloc@rickert-services.uk.  

1. Collection and Use of Personal Information

We collect your personal information in a number of ways and for a number of different purposes, depending on their different categories. Please see the table below for more details. Note that in Canada, personal information may only be processed with your consent or where authorized by law.

Categories	Examples	Purposes	Legal basis
Survey information	First name, email address, phone number (collectively, “Contact Information”) and age, gender, postal code, marital status, primary occupation and household income (collectively, “Eligibility Information”).	Collected in the context of  the surveys Potloc conducts on behalf of its clients, leading to the establishment and transmission of information.	It is necessary for the purposes of the legitimate interests pursued by us in performing the market research for the benefit of our client(s).  You gave us your consent to share your Contact Information with our clients, allowing them to contact you, if applicable.
		Used to conduct other market research studies, prepare industry reports, or may use Eligibility Information, in a de-identified format, to improve its services, such as training its models.	It is necessary for the purposes of the legitimate interests pursued by us in performing the market research for the benefit of our client(s).
		Collected and used for fraud prevention and quality assurance.	It is necessary for the purposes of our legitimate interests in preventing and detecting fraud.
	Your survey answers (“Survey Answers”), which may include sensitive personal information.	Collected in the context of  the surveys Potloc conducts on behalf of its clients, which may include transmission of Survey Answers, in a de-identified format, to Potloc’s clients.	It is necessary for the purposes of the legitimate interests pursued by us in performing the market research for the benefit of our client(s).  You gave us your consent for the collection of sensitive personal information, if applicable. You may choose not to provide any sensitive personal information to us.
		Used to conduct other market research studies, prepare industry reports, or may use Survey Answers, in a de-identified format, to improve its services, such as training its models.	It is necessary for the purposes of the legitimate interests pursued by us in performing the market research for the benefit of our client(s).
		Collected and used for fraud prevention and quality assurance.	It is necessary for the purposes of our legitimate interests in preventing and detecting fraud.
Community Member Information	Personal information including Contact Information, professional details such as job title, employer, industry, employment status and seniority (collectively, “Professional Information”)	Collected when you participate in the Potloc Community to allow us to send you relevant surveys.	You gave your consent to join the Potloc Community.
		Collected and used for fraud prevention and quality assurance.	It is necessary for the purposes of the legitimate interests pursued by us in performing the market research for the benefit of our client(s).
Marketing information	Respondent, client or website visitor feedback, communication preferences and marketing preferences including email address and phone numbers.	Collected to enable us to contact you with newsletters, marketing or promotional materials and other information that may be of interest to you as further described below in this Policy.  In particular, Potloc may contact you individually following a survey to provide you with information that may be of interest to you, subject to applicable laws.	You gave your consent to receiving electronic solicitation from us or on our behalf.
		Collected through cookies, including third-party cookies, on our Sites for the purpose of improving website functionality, and fixing bugs. For more information about our usage of cookies, please refer to our Cookie Policy.	In case of use of cookies that are not strictly necessary for the operation of our website, you gave us your consent to store cookies on your terminal equipment and collect information from your terminal equipment for the purposes of improving our services (functionality and analytics cookies) or for advertisement purposes;  Otherwise, it is necessary for the purposes of the legitimate interests pursued by us in improving our services.
Usage & performance information	The date, time and duration of your visits on the Website, the pages viewed and links clicked on the Website, your language preferences, browsing history, and the web pages that redirect you to our Website.	Collected through cookies, including third-party cookies, on our Sites to allow us to compile aggregate data about traffic and interactions on our Website in order to improve the experience and tools on our Website and to provide customized website experiences to our users. For more information about our usage of cookies, please refer to our Cookie Policy.
		Collected and used for fraud prevention and quality assurance.	It is necessary for the purposes of the legitimate interests pursued by us in performing the market research for the benefit of our client(s).
Correspondence with individuals representing clients of Potloc	Contact Information and Professional Information.	Collected to enable us to contract with the company you are representing and deliver any notice the company we contracted with in performing such contract.	It is necessary for the purposes of the legitimate interests pursued by us in entering into and/or performing the contract with the company you are representing.
	Information regarding their correspondence with representatives of Potloc, such as email content, voice and video recordings and transcripts of meetings (collectively, “Correspondence Information”).	Collected for learning and development of Potloc representatives as well as  note-taking purposes.	You gave your consent to the recording of the meeting.
Incentive Payment information	Contact Information, Eligibility Information, Technical Information, as well as incentive amount and currency.	Collected to pay you incentives.	It is necessary for the execution of our contract with you.
		Collected and used as part of fraud prevention and quality assurance.	It is necessary for the purposes of our legitimate interests in preventing and detecting fraud.

Please note that we may also collect and use your personal information for any other purpose permitted or required by law. 

In addition to the personal information we collect directly from you as described above, we may obtain the following personal information from other sources.

Categories	Sources	Purposes	Legal basis
Contact details of individuals representing prospective clients of Potloc	Our affiliates (e.g., Potloc France) or service providers.	When our affiliates or service providers provide us with the contact details of individuals representing prospective clients, we use this information to reach out to them for the purposes of entering into a contract with such prospective clients and subsequently performing such contract.	It is necessary for the purposes of the legitimate interests pursued by us.

We would not generally need to obtain personal information from publicly accessible sources such as Facebook or Linkedin in order to conduct our surveys but would let you know if it is the case.

2. Disclosure of Personal Information to Third Parties

We share your personal information with third parties where necessary to fulfill the purposes identified above, and more specifically, as set forth in the table below:  

Categories	Purposes
Our Clients	We may disclose your personal information, including survey responses, to our clients to whom we offer consumer research services. Our clientele is composed of leading brands and top consulting and private equity firms.
Service providers	We may disclose your personal information to third party service providers to enable us to provide requested services, such as payment processing, marketing, maintenance, and website hosting. We limit the information provided to these service providers to that which is reasonably necessary for them to perform their functions, and our contracts with them require them to maintain the confidentiality of such information in compliance with applicable laws.
Professional advisors	We may disclose your personal information to our legal, financial, accounting or other consultants to the extent necessary to operate our business and comply with applicable laws.
Law enforcement & other government agencies	We may disclose your personal information to comply with legal obligations and respond to lawful requests. We verify that the request is legitimate before responding. For greater clarity, we may disclose personal information or other information if required to do so by law or in the good faith belief that such action is necessary to comply with applicable laws, in response to a court order, judicial or other government subpoena or warrant, or to otherwise cooperate with law enforcement or other governmental agencies.
Business transaction	We may disclose your personal information if Potloc merges with another entity, is subject to a corporate reorganization, sells or transfers all or part of its business, assets or shares (in which case we will require such entity to assume our obligations under this Policy, or inform you that you are covered by a new privacy policy).
Affiliates	We may disclose your personal information to a parent company, subsidiaries, joint ventures, or other companies under common control with Potloc (in which case we will require such entities to honor this Policy and applicable laws) to properly create consumer research reports or to carry out geolocated campaigns.

Except as provided in this Policy, or subject to applicable laws, Potloc does not disclose any personal information to third parties.

3. Transfer of Personal Information

Your personal information is hosted on the servers of our cloud service provider Amazon Web Services in the United States. As a result, your personal information may be stored and processed in any region where we have facilities or in which we engage third party service providers (e.g. Canada, United States, France). You consent to the transfer of information to countries outside your region of residence, which may have different data protection rules than in your region of residence. While such information is outside of your region of residence, it is subject to the laws of the region in which it is held, and may be subject to disclosure to the governments, courts or law enforcement or regulatory agencies of such other region, pursuant to the laws of such region.

However, our practices regarding your personal information will at all times continue to be governed by this Policy and, if applicable, we will comply with, where applicable, the GDPR requirements providing adequate protection for the transfer of personal information from the EU/EEA to third region, notably by implementing appropriate safeguards such as standard contractual clauses in case of a region for which there is no decision of adequacy by the European Commission. You may obtain a copy of the standard contractual clauses being relied upon by requesting it to us.

4. Security and Retention of Personal Information

Potloc has implemented reasonable physical, administrative and technical safeguards designed to preserve the confidentiality, integrity and security of personal information under our control. In addition, Potloc uses third-party vendors and hosting partners to provide the necessary hardware, software, networking, storage, and related technology required to run the Website. However, information transmitted on the Internet and/or stored on systems attached to the Internet is not 100% secure, and no security can provide absolute protection. As a result, we do not ensure, warrant or guarantee the security or integrity of such information.

Your personal information is retained for as long as is necessary for us to fulfill the relevant purposes specified in this Policy and to comply with our legal obligations. Particularly: 

• Your personal information processed for the purpose of survey and statistical purposes will not be retained for longer than is necessary to pursue our business purposes or to comply with our legal obligations ;
• Your personal information processed for the purpose of sending you commercial communications or contacting you individually to provide you with information that may be of interest to you, will not be retained more than three (3) years after your consent or your subsequent last contact with us or our client on behalf of whom such commercial communications are made, as the case may be;

5. Devices and Permissions

Any information (personal or not) the Website collects while you use it may be stored locally on your computer or handheld or tablet device (the “Device”) and then transferred to servers controlled by Potloc, and Potloc may obtain this information as a result of the data being sent to our servers from the Website. The information, however, is only used (or not used) by Potloc as described elsewhere in this Policy.

The following is a complete listing and description of what functions on your Device that were developed by third parties are accessed and/or modified by the Website. Unless otherwise specified, these permissions apply both to iOS Devices and Android Devices.

• Localization services. Allows the Website to determine your location through network services to adapt the content locally.
• Cookies. Potloc uses cookies for the proper functioning of the website, establishing statistics and improving our services and also to facilitate your navigation on the website, to record your preferences, optimize the experience on the platform and know yourself better. For more information, please refer to our Cookie Policy.

6. Your Rights Regarding Personal Information

Under certain circumstances and subject to applicable data protection laws, supported by a written request and a proof of identification, you may consult the personal information that we have collected, used or disclosed, and/or ask that it be corrected, and/or withdraw your consent to our disclosure or use of personal information collected.

As required or permitted by law, you may be entitled to additional rights, including but not limited to : (i) the right to withdraw consent to processing where consent is the basis of processing; (ii) the right to object to unlawful data processing, under certain conditions; (iii) the right to erasure of personal information about you, under certain conditions; (iv) the right to demand that we restrict processing of your personal information, under certain conditions, if you believe that we have exceeded the legitimate basis for processing, that processing is no longer necessary, or that your personal information is inaccurate; (v) the right to data portability of personal information concerning you that you provided us in a structured, commonly used, and machine-readable format, under certain conditions; (vi) the right object to decisions being taken by automated means which produce legal effects concerning you or similarly significantly affect you, under certain conditions. 

Finally, you have also a right to lodge a complaint with a competent data protection supervisory authority, in particular in the region where you normally reside, where we are based or where an alleged infringement of data protection law has taken place, such as the Commission d’accès à l’information du Québec or the Office of the Privacy Commissioner of Canada and CNIL in France.

To exercise any of these rights, please contact us as set forth in the introduction.

7. Children’s Privacy

We do not knowingly collect personal information from kids under the age of 14 on our Website. If you are the parent or legal guardian of a child under 14 who has provided us with personal information, you may contact us using the contact information as set forth in the introduction to ask us to stop using or to delete that information.

8. Marketing Communications

If at any time you wish to stop receiving marketing messages from us, we include an unsubscribe mechanism in all of our electronic communications or you can contact us as set forth in the introduction. Please keep in mind that, if you choose not to receive marketing communications, you will continue to receive transactional or account communications related to services or products that you have requested on the Websites (e.g. confirmation e-mails, billing reminders, etc.). 

9. Updates to this Policy

Potloc reserves the right, at any time and without prior notice, to modify or replace any of the Policy. Any changes to the Policy can be found at this URL. It is your responsibility to check the Policy periodically for changes. Your use of the Website following the posting of any changes to the Policy constitutes acceptance of those changes. Subject to applicable laws, we will notify you of any changes to this Privacy Policy.