TERMS OF USE AND PRIVACY POLICY

By utilizing the LUCY SURVEY® Application ("App"), you agree to be legally bound by the terms and conditions set forth below (the "Terms of Use" or "Agreement"). If you do not agree to these terms, please do not register with or use our Application.

It may be necessary to revise or update our Policy without notice. Any changes we may make to this Policy in the future will be posted on this page and where appropriate. To be aware of any changes please check our Policy periodically. If any of these changes are unacceptable, you should delete the App from your device.

I. TERMS OF USE

Changes will be posted on the LUCY SURVEY App and/or sent to you via email and such changes shall be effective immediately. You agree to review the App periodically to be aware of any such amendments. Your continued use of the App after such amendments have been made shall constitute acceptance of the amendments.

1) ELIGIBILITY

Accounts in the LUCY SURVEY App are limited to individuals only. Corporations and other business entities are not eligible.

Use of automated services or machines is not permitted.

Use of the App requires you to establish an account and is limited to one (1) account per person, even if the individual has multiple e-mail addresses and/or Facebook accounts.

Users must be at least 13 years old. By using the LUCY SURVEY App you represent that you are 13 or older. If LUCY SURVEY discovers that a user under 13 years of age has created an account, or that a user or visitor under 13 years of age has posted personally identifiable information or other content to the LUCY SURVEY App, LUCY SURVEY will terminate the account and remove the information or other content.

Users between 13 and 18 need permission from a parent or guardian and may utilize the LUCY SURVEY App with parent or guardian’s approval.

By creating an Account, you agree that LUCY SURVEY may contact you using the email address and/or Facebook account that you provide when activating your Account.

2) LUCY SURVEY CONTENT

Content in the App including information, graphics, images, artwork, text, video clip, data compilations, software, audio clip, trademark, service marks, logo, trade names and other content provided are owned by LUCY SURVEY, our affiliates, partners, licensors or represented companies and protected under both United States and foreign copyright, trademark patent and other laws.

3) MEMBER REGISTRATION OBLIGATIONS

As part of the registration process, you must provide LUCY SURVEY with accurate, complete, and updated information, including your first name, last name, and a valid email address. Failure to do so constitutes a breach of this Agreement, which may result in immediate termination of your access to the app and forfeiture of incentive payments. Please see our Privacy Policy for information regarding how this information will be used and maintained.

As part of the registration process you must select a password or log in with your Facebook account. You are responsible for maintaining the confidentiality of the password used to log into the LUCY SURVEY App and you accept responsibility for all activities, charges and damages that occur in relation to your account. You shall promptly contact LUCY SURVEY if you believe there has been unauthorized use of your account.

In order to prevent unauthorized activity or access to your LUCY SURVEY App account, you must log in with your Facebook user id & password or provide your phone number or e-mail address and selected password in order to update your profile information, update personal information (name, e-mail address, etc.) and redeem incentives.

You agree to abide by all applicable laws and regulations with respect to your LUCY SURVEY App account.

4) PASSWORD/ACCOUNT ACCESS RIGHTS AND RESPONSIBILITIES

LUCY SURVEY may act upon any instructions received under your password and e-mail address without further verification.

LUCY SURVEY cannot and will not be liable for any incentive credits or debits made to your account by anyone who uses your password.

5) EARNING LUCY SURVEY INCENTIVES

You must agree to receive invitations to participate in surveys from LUCY SURVEY via Facebook messenger, email, text message, or LUCY SURVEY App "push/badge" notification system.

You may earn incentives when you complete a survey.  

Not all surveys will include incentives and you are not required to participate in any survey.

You will receive the incentive only for accurately completed and submitted surveys unless the survey invitation stipulates otherwise.

If you begin, then save a survey to complete at a later time or date, you acknowledge that survey respondent quotas may fill up, resulting in the survey being closed and preventing you from being able to complete the survey. You will not be entitled to any incentive if a survey closes before you submit the completed survey.

6) REDEEMING INCENTIVES

Award incentives are subject to the terms and conditions explicitly stated on each incentive and enforced by LUCY SURVEY’s partners during incentive redemption. Note that incentives may be specific to single store location(s).

LUCY SURVEY App incentives and/or account points are not transferable by gift, upon death, as part of a domestic matter, or otherwise.

LUCY SURVEY App incentives and account points balance may not be auctioned, traded, bartered or sold. Rewards are not redeemable for cash and may not be combined with any other LUCY SURVEY or client promotion, offer, or other discount.

Your LUCY SURVEY App account may not be merged with the account of any other Member under any circumstances.

LUCY SURVEY reserves the right to change the incentive program to include different types of awards, such as an award points system. In the event that the incentive program is changed from cash to a points system, you will be given equal value in points for the existing balance in your account.

LUCY SURVEY and its partners reserve the right to modify, terminate, or suspend the availability of Rewards. You agree to be bound by the decisions of LUCY SURVEY, which are final and binding in all matters relating to the Rewards.  

7) EXPIRATION OF LUCY SURVEY APP INCENTIVES

If your account has been inactive for more than 180 consecutive days from the last date of activity, one hundred percent (100%) of any LUCY SURVEY App incentives remaining in your account will be forfeited.

8) THIRD-PARTY SITES & SERVICES

The LUCY SURVEY app may contain links to third-party websites and services, including social media (collectively, “Linked Services”). Linked Services are not under the control of LUCY SURVEY and LUCY SURVEY is not responsible for Linked Services or for any information or materials on, or any form of transmission received from, any Linked Service. The inclusion of a link does not imply endorsement by LUCY SURVEY of the Linked Service or any association with the operators of the Linked Service. LUCY SURVEY does not investigate, verify or monitor the Linked Services. LUCY SURVEY provides links to Linked Services for your convenience only. You access Linked Services at your own risk. 

9) MEMBER CONDUCT

You agree to not use the LUCY SURVEY App to:

Violate applicable law;

Impersonate any person, or misrepresent your identity;

Interfere with, disrupt or violate the terms and conditions and operating rules of the LUCY SURVEY App or servers or networks connected to LUCY SURVEY; or disobey any requirements, procedures, policies, or regulations of such networks;

Interfere with another Member's use of the LUCY SURVEY App;

Attempt to gain unauthorized access to the LUCY SURVEY App, or to any other accounts, Web Sites, computer systems, or network;

Transmit any file that contains viruses, worms, Trojan horses, or any other contaminating or destructive features;

Use the LUCY SURVEY App to conduct any activity or solicit the performance of any illegal activity or other activity that infringes the rights of others;

Provide access to the LUCY SURVEY App to others using your personal account.

You agree to provide truthful and appropriate answers to all survey questions and requests for personal or demographic information. LUCY SURVEY reserves the right to withhold cash or non-cash incentives to you if LUCY SURVEY determines, in good faith, that your responses to survey questions are not truthful or appropriately considered.

10) TERMINATION

This Agreement, and your account, may be terminated as follows:

Member Termination. You have the right to terminate this Agreement and your LUCY SURVEY App account at any time by deleting the application from your mobile device. Inactive accounts will be automatically closed after 365 consecutive days of inactivity.

LUCY SURVEY Termination. LUCY SURVEY may terminate this Member Agreement and your LUCY SURVEY App account effective immediately and without prior notice, for any reason, including, without limitation, inactivity, failure to provide accurate information or valid survey responses, or if LUCY SURVEY believes in its sole discretion that you have violated or acted inconsistently with this Member Agreement.

11) DISCLAIMER OF WARRANTIES AND LIABILITY

You are entirely liable for activities conducted by you in connection with your use of the LUCY SURVEY App. If you are dissatisfied with the App or with these Terms of Use, your sole and exclusive remedy is to cease using the App. Neither LUCY SURVEY nor any third-party provider will pay you any damages in connection with your access or non-access to the LUCY SURVEY App.

Neither LUCY SURVEY, their affiliates, nor their third-party providers guarantee the accuracy, completeness, timeliness or availability of any Content provided through this App. LUCY SURVEY, their affiliates, third-party providers, their directors, officers, shareholders, employees and agents are not responsible for any errors or omissions, regardless of the cause, or for the results obtained from the use of such information.

LUCY SURVEY, LUCY SURVEY AFFILIATES AND THIRD-PARTY PROVIDERS DISCLAIM ANY AND ALL EXPRESS OR IMPLIED WARRANTIES, INCLUDING, BUT NOT LIMITED TO, ANY WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE OR USE.

In no event shall LUCY SURVEY, their affiliates or their third-party providers and their directors, officers, shareholders, employees or agents be liable to any party for any direct, indirect, incidental, exemplary, compensatory, punitive, special or consequential damages, costs, expenses, legal fees, or losses (including, without limitation, lost income or lost profits and opportunity costs) in connection with any use of such information or the LUCY SURVEY App even if LUCY SURVEY has been advised of the possibility of such damages.

12) USER CONTENT

The User grants to LUCY SURVEY the non-exclusive and perpetual right to use all Content entered into or on the App by the User (other than User Registration Information) in any medium and for any purpose.

Users posting Content on the App are responsible for the content of that material. LUCY SURVEY has no responsibility for User Content or for the content of any messages or information posted by Users or others, or for the content of information accessible on the Internet, even if accessed via direct or indirect hyperlinks from the App. However, LUCY SURVEY retains the right, which it may or may not exercise in its sole discretion, to review, edit, or delete User Content that LUCY SURVEY deems to be illegal, offensive, or otherwise inappropriate.

The User is solely responsible for all access to, usage of, or activity on, such User's account/profile including, but not limited to, use of the account/profile by any person who uses your password to access the LUCY SURVEY App, with or without authorization, or who has access to any computer, mobile or other device on which your account/profile resides or is accessible.

The User agrees not to post, upload, transmit, send or otherwise make available on or through the App any Content which such User is bound not to disclose by agreement, contract, fiduciary duty, employment relationship, or otherwise, including but not limited to, insider information, proprietary and/or confidential information, trade secrets or Content that infringes upon any third-party's rights.

The User agrees to indemnify LUCY SURVEY and any third-party data providers, from all damages, liabilities, costs, charges and expenses, including reasonable attorneys' fees, that LUCY SURVEY, its affiliates, employees, and authorized representatives may incur as a result of any claim arising out of User Content posted using your email address and password, including without limitation, that which violates these Terms of Use and/or applicable laws.

13) ADDITIONAL LEGAL TERMS - USER'S AGREEMENT TO THESE TERMS OF USE

Subject to the terms of the applicable Service Agreement and applicable laws and regulations, LUCY SURVEY may discontinue or change the App, or its availability to you, at any time. Your agreement to these Terms of Use survives any such discontinuation.

These Terms of Use, constitute the entire agreement ("Agreement") between the parties relating to the LUCY SURVEY App and supersedes any and all other agreements, oral or in writing, with respect to the App. The failure of LUCY SURVEY to insist upon strict compliance with any term of this Agreement shall not be construed as a waiver with regard to any subsequent failure to comply with such term or provision. This Agreement is personal to you, and you may not assign your rights or obligations to anyone. If any provision in this Agreement is invalid or unenforceable under applicable law, the remaining provisions will continue in full force and effect. This Agreement, your rights and obligations, and all actions contemplated by this Agreement shall be governed by the laws of the United States of America and the State of California. The parties agree that the State and Federal courts of California shall be the exclusive forums for any dispute arising out of this Agreement and the parties hereby consent to the personal jurisdiction of such courts.

14) INDEMNIFICATION

You agree to indemnify and hold harmless LUCY SURVEY and its current and future subsidiaries, successors, affiliates, licensors, suppliers, co-branders, third-party providers, clients, sponsors, and partners, and the officers, directors, employees, and agents of each of them, from and against any and all claims, losses, costs (including court costs), fees (including legal fees), damages and expenses that any such party may incur as a result of, due to, or arising out of violation by you (or anyone acting under your account or password) of this Member Agreement or the use or misuse of the LUCY SURVEY App by you (or anyone acting under your account or password), or the violation of any rights of another by you (or anyone acting under your account or password).


II. PRIVACY POLICY

This policy lets you know how we collect and use your personal information.

1) Information You Provide

The Application collects information from you during the registration process and/or Facebook Messenger Opt-in. Registration is mandatory in order to use the basic features of the Application. When you register, you will be asked to provide certain personal data and demographic information, such as your name, address(es), telephone number(s) (including home, cell, and/or business telephone numbers), email address(es), date of birth, occupation/education, ethnicity and gender information.

In connection with your use of Application and/or the Services the Application collects information about you, including survey responses and reward, incentive, and/or contests information.

You may submit, upload or transmit content or material, including, without limitation, photos, videos, and/or any other similar or related content or material ("User Content"), for example, when completing surveys. If you submit User Content in connection with the Application and/or the Services, the User Content may become publicly available and may be shared with third parties including, without limitation, LUCY SURVEY’s clients, clients of LUCY SURVEY's clients, and third party service providers. User Content should only include audio, video, images, or the likeness of the individual submitting the User Content and should not contain content or material that is copyrighted or trademarked by a third party. User Content should not include audio, video, images, or the likeness of anyone other than the user.

2) Information Collected Automatically

The Application also collects certain information automatically, such as information about your device and device capabilities, including, without limitation, the device operating system, the other applications on your device, IP address, device network provider, device type, time zone, network status, browser type, browser identifier, unique device identification number (such as identifiers for analytics or advertising), network provider user ID (a number uniquely allocated to you by your network provider), Media Access Control (MAC) address, International Mobile Equipment Identity, location and other information that alone or in combination may be used to uniquely identify your device. Specific examples of this data and the technology that collects it are below:

In some cases, we or our clients may use information collected through automated means, along with other information, to recognize users (or households) across platforms, LUCY SURVEY panels and/or across devices, such as smartphones, computers, tablets or related browsers, for the purposes described in this Privacy Policy.

3) Geo-location Data

The Application will request your permission to LUCY SURVEY on to obtain geo-location information from your mobile device, and such geo-location information may be provided by the Application at any time, whether the Application is open or not. If you consent to sharing your geo-location data, in addition to the uses set forth under Section 4 “LUCY SURVEY’s use of information” below, LUCY SURVEY will also use your location information to offer you the option to participate in location-based surveys and market research. In addition, LUCY SURVEY may share your geo-location data with third party vendors to identify commercial addresses near your location, such as stores or restaurants.

Geo-location data also may be used by ad networks to provide you with location-based advertising.

4) Applications and Functionality 

LUCY SURVEY may request access to certain applications and/or functionality available on or through your device for use in connection with the Application and the Services. Access shall be requested via push notification or other alerts and access will only be granted with your consent. If you consent, you may subsequently opt-out by changing your settings on the device.

5) Social Media Information 

You may also be offered the opportunity to access the Application through third party social media platforms. If you select such option, LUCY SURVEY may collect certain profile information stored in your social media platform account.

6) Information Collected from Third Parties

LUCY SURVEY may obtain PII and demographic information from third parties, including, without limitation, ad networks, information service bureaus, other sample suppliers and/or social media platforms. LUCY SURVEY may use the PII and demographic data received from these third parties for various purposes, including, without limitation, data validation, data append, fraud detection purposes, and/or sending you a one-time email to invite you to participate in a survey and/or join a Panel. In addition, geo location data, including information regarding retail and other commercial enterprises you may visit while the geo location feature is enabled, may be appended to your panel profile if you elected to opt in to the geo location services.

7) Additional Use of information

In addition to the purposes described above, LUCY SURVEY uses personal data collected through the Application as follows: (i) to communicate with you regarding your participation in a survey(s); (ii) to tailor survey opportunities to you and to (iii) arrange for advertisements to be displayed to you outside the Application for the purposes of facilitating the completion of advertisement recall surveys; (iv) to send you notifications of survey opportunities; (v) to comply with any and all legal obligations, including, without limitation, tax obligations; (vi) to administer and manage LUCY SURVEY's reward and incentive programs and fulfill your requests for rewards and incentives; (vii) to facilitate your entry into LUCY SURVEY's sweepstakes and promotions and communicate with you regarding such entries; (viii) to update LUCY SURVEY's records; (ix) to comply with any data suppression obligations or requirements; (x) for fraud detection and/or prevention purposes; and (xi) as otherwise permitted pursuant to this Policy or as otherwise authorized by you.