All Users
1. First and foremost, you should only ever use the Attest Service in a way that is permitted by and compliant with applicable law.
2. You should never use the Attest Service to solicit, engage, encourage or promote unlawful, irresponsible or abusive behaviour.
3. In particular, when using the Attest Service, you should never:
- use defamatory language intended to damage the reputation of another;
- be obscene, hateful or inflammatory;
- bully, insult, intimidate or humiliate others;
- use language that may be deemed inappropriate or offensive without providing fair warning to the recipient;
- distribute illegal or unethical material, including anything to promote sexually explicit material or that includes child sexual abuse material;
- promote, incite, or organise violence;
- promote discrimination based on race, sex, religion, nationality, disability, sexual orientation or age;
- infringe any copyright, database right or trademark of any other person;
- breach any legal duty owed to a third party, such as a contractual duty or a duty of confidence;
- impersonate any person, or misrepresent your identity or your organisation’s identity or your or your organisation’s affiliation with any person;
- advocate, promote, incite any party to commit, or assist any unlawful or criminal act; and/or
- send any spam – by that, we mean any unsolicited or unauthorised advertising or promotional material or any other form of unsolicited material.
Attest Customers
4. If you’re a Customer, you:
4.1
cannot use the Attest Services to:
- solicit Survey Responses from anyone under the age of 16;
- solicit Survey Responses from anyone under the age of 18 where you are not permitted to do so by applicable laws and/or regulations within the jurisdiction you are surveying; and/or
- attempt to solicit Survey Respondents to take fraudulent or otherwise illegal surveys.
4.2
may only collect, process and/or transfer the following forms of personal data through the Attest platform:
- video and audio data that is collected through Attest’s Video Response functionality; and
- unique identifiers that you choose to add to Own Audience survey URLs, or allocate to Own Audience Respondents, and non-sensitive/non-special category demographic data relating to those Own Audience Respondents that you upload through Attest’s Unique ID functionality. When using the Unique ID functionality for Own Audience Surveys, you must create a pseudonymised, unique identifier that replaces other identifiers that could be more easily linked to individuals (for example, names, email addresses, passport numbers, etc).
4.3
must not:
- request, collect or upload any special category or sensitive data;
- request or collect any other forms of personal data from Survey Respondents other than the forms of personal data set out at paragraph 4.2 above (this includes, but is not limited to, names and email addresses);
- place, or attempt to place, cookies or similar electronic files or identifiers on a Survey Respondent’s device; and/or
- re-identify Attest Survey Respondents, or Video Respondents or contact them outside of your surveys.
4.4
remain responsible for your users’ use of your Account, including ensuring log-in details are kept confidential and not shared between individuals.
4.5
are required to please take note of any notifications or warnings that are displayed on Attest’s platform and take appropriate action. For example, you should review and where necessary, amend your Survey prior to publishing it where you are notified that your questions may (inadvertently or otherwise) result in the collection of personal data.
4.6
should always have the appropriate permissions and rights to use any third party images or content, including copyrights, trademarks, or any other intellectual property, in your survey including appropriate permissions from any Own Audience Respondents in relation to their Survey Responses or any other data shared or uploaded to the Attest Service regarding them (e.g. any unique Respondent IDs, as defined in our Data Processing Agreement).
Survey Respondents
5. If you’re a Survey Respondent, you:
5.1
should:
- always take the time to consider and respond to questions in full;
- avoid repetition in your answers; and
- refrain from using vulgar, nonsensical or random language in your Survey Responses.
5.2
should not provide any personal data or contact information in your Survey Responses (for example, your name, email address, passport number, or IDs that can be easily accessed online for example, chatroom identification numbers).
5.3
are responsible for taking note of any notices displayed to you (e.g. privacy policies, information regarding the collection of your data or personally identifiable information) and should only proceed in completing a Survey where you feel comfortable to do so.
6. During the surveys Survey Respondents will be given the option to skip questions, for example, if you feel uncomfortable answering what has been asked. You should not use this function to avoid submitting Survey Responses or answering a survey fully purely as a means to respond quickly.
Use of the Attest Service by Competitors
7. You are not permitted to access or use the Attest Service, either directly yourself or indirectly via a third party, if you or any of your affiliates is a competitor of Attest or provides substantially similar products or services to Attest (a “Competitor”). This prohibition extends to any third party accessing Attest for or on behalf of a Competitor.
8. Any access or use of the Attest Service by a Competitor will be considered a material breach of the Agreement with Attest, and we reserve the right to pursue legal action where we deem it necessary.
Security
9. In order to protect yourself, other service users and Attest, we need to keep the Attest Services secure. For this reason, you will not, and will not permit or authorise any third parties to:
- share the login and/or password that’s been issued to you with any other person;
- copy or attempt to copy, any confidential information or data contained in the Attest Services, including any source code, or to reproduce, duplicate, copy or re-sell any part of our site or services;
- make any attempt to create or permit others to create, by reverse compiling or disassembling or otherwise, any part of the Attest Services;
- commit or attempt to commit any action that will have a negative impact on the availability of any part of the Attest Services;
- knowingly withhold information which may affect Attest’s ability to provide the Attest Service to you or others, or the security or integrity of the Attest Service;
- do anything to allow unauthorised access or use of the Attest Services and any of our software or systems;
- unless authorised by Attest in writing, probe, scan, or test the vulnerability of any Attest system or network; and/or
- knowingly transmit any data, send or upload any material that contains viruses, Trojan horses, worms, time-bombs, keystroke loggers, spyware, adware or any other harmful programs or similar computer code designed to adversely affect the operation of the Attest Services or incite another to do so.
Breach of this AUP
10. If we find you to be in breach of this AUP, we reserve the right to suspend or terminate any agreement with you and your access to any of the Attest Services, or remove any offending content (including Survey Responses) from the Attest Platform immediately and without notice. Where such breach is as a result of a failure to comply with applicable law, we may disclose such information to law enforcement agencies or regulatory bodies as we deem necessary.