Terms of use & Privacy Policy

Last updated: December 2018

1 - Publisher of the site

Nextwave Media Limited trading as EIREWAVE
38 Northumberand Avenue
Dun Laoghaire
Co Dublin
Ireland

VAT : IE 3535338DH

2 - Creation of the site

Site created and developed by NextWave Media Limited.

3 - Site hosting

OVH SAS, simplified joint stock company (SAS) with a share capital of 10,059,500 euros, registered at the Lille Metropolitan company registrar under number 474761419, with head office situated at 2, rue Kellerman 59100 Roubaix - www.ovh.com/fr/.

4. Introduction

Eirewave provides an automatic content generation service for theirs customers and a survey platform through a Software as a Service (SaaS) model. All these services are available on Eirewave Cloud. At Eirewave the privacy and security of our customers, respondents and visitors are of paramount importance. Eirewave is committed to protecting the data you share with us. This privacy policy explains how Eirewave processes information that can be used to directly or indirectly identify an individual ("Personal Data") collected through use of its website and platform.

For the purposes of this policy, Eirewave defines the term "Customer" as an entity with which Eirewave has an established relationship, the term "Respondent" as any individual who responds to surveys powered by Eirewave or who is included as a contact in a Customer's account and the term "Visitor" as an individual that visits our front-end website (for example www.eirewavemedia.com).

Any information stored on Eirewave's platform is treated as confidential. All information is stored securely and is accessed by authorized personnel only. Eirewave implements and maintains appropriate technical, security and organisational measures to protect Personal Data against unauthorized or unlawful processing and use, and against accidental loss, destruction, damage, theft or disclosure.

5. Collection and use

5.1 .General

The following sections cover the specifics of each of the three groups from which data is collected: website Visitors, Respondents and Customers.

5.2 Website Visitors

If you are a Visitor to our website only, and not a Respondent to a survey or a Customer of our platform, then this section is relevant for you.

By visiting this website, you consent to the collection and use of your Personal Data as described herein. If you do not agree with the terms set out herein, please do not visit this website. If required by applicable law, we will seek your explicit consent to process Personal Data collected on this website or volunteered by you. Kindly note that any consent will be entirely voluntary. However, if you do not grant the requested consent to the processing of your Personal Data, the use of this website may not be possible.

Eirewave may collect, record and analyze information of Visitors to its website. We may record your IP address and use cookies. Eirewave may add information collected by way of pageview activity. Furthermore, Eirewave may collect and process any Personal Data that you volunteer to us in our website's forms, such as when you register for events or sign up for information and newsletters. If you provide Eirewave with your social media details, Eirewave may retrieve publicly available information about you from social media.

Such Personal Data may comprise your IP address, first and last name, your postal and email address, your telephone number, your job title, data for social networks, your areas of interest, interest in Eirewave products, and certain information about the company you are working for (company name and address), as well as information as to the type of relationship that exists between Eirewave and yourself.

Eirewave gathers data about visits to the website, including numbers of Visitors and visits, Geo-location data, length of time spent on the site, pages clicked on or where Visitors have come.

5.2.1 Purpose of processing personal data

Eirewave uses the collected data to communicate with Visitors, to customize content for Visitors, to show ads on other websites to Visitors, and to improve its website by analyzing how Visitors navigate its website.

5.2.2 Sharing personal data

Eirewave may also share such information with service vendors or contractors in order to provide a requested service or transaction or in order to analyze the Visitor behavior on its website.

5.2.3 Cookies

Cookies are small pieces of information sent by a website to a Visitor's hard disk. Cookies cannot be used to run programs or deliver viruses to your computer. By continuing to visit the website, you agree to the placement of cookies on your device. If you choose not to accept our cookies, we cannot guarantee that your experience will be as fulfilling as it would otherwise be. We may also place cookies from third parties for functional and marketing purposes. The use of cookies is widespread and benefits the surfer.

5.2.4 Links to other sites

Please be aware that while visiting our site, Visitors can follow links to other sites that are beyond our sphere of influence. Eirewave is not responsible for the content or privacy policy of these other sites.

5.3 Respondents

Individual respondents involved in our customers' surveys usually interact directly with the Customers rather than with Eirewave. Eirewave provides its Customers the option of disclosing their relationship with us by providing notice to their Respondent about the Eirewave technology that they use. Eirewave maintains only that Participant information related to the survey process. This participant information includes:

First Name
Age
Gender
Email Address
Location

When a Participant requests assistance playing media in a survey, Eirewave collects the Participant's browser type, operating system, and available media players to support Eirewave in its troubleshooting effort.

This Privacy Policy does not reflect the privacy practices of its Customers and Eirewave is not responsible for its Customers' privacy policies or practices. Eirewave does not review, comment upon or monitor its Customers' compliance with their respective privacy policies, nor does Eirewave review its Customer instructions to determine whether they are in compliance with or conflict with the terms of a Customer's published privacy policy.

Because it supplies a hosted system, Eirewave operates as a data processor for our Customers. Our Customers fill the role of data collector. Respondent of our Customers interact directly with the Customer rather than with Eirewave. Eirewave provides its Customers the option of disclosing their relationship with us by providing notice to their Respondent about the Eirewave technology that they use. Eirewave maintains only that Participant information related to the survey process, which our Customers' have asked us to process. It is the Customer's responsibility to ensure that the data the Customer collects can be legally collected in the country of origin. The Customer is responsible to give its Respondent the appropriate level of notification that Personal Information is being collected and maintained. Respondent of a Customer may opt out of any and all communications. To opt out of any email invitation communication, the survey participant has two options:

  • Select the opt-out link at the bottom of the email survey invitation
  • Log in to their account and set the required parameter in their account information.

5.4 Customers

5.4.1. General

In order to provide services to its Customers, Eirewave collects certain types of data from them. Furthermore, Eirewave's Customers collect information from Respondents when they produce and distribute surveys. This section will describe how these two types of data are collected and used by Eirewave as well as geographical differences that effect this policy.

5.4.2 Collection of Customer data

During a Customer's registration and later on Eirewave's platform, they provide information such as name, company name, email, address, telephone, credit-card number and other relevant data. This information is used by Eirewave to identify the Customer and provide them with support, services, mailings, sales and marketing actions, billing and to meet contractual obligations.

Eirewave Customers can at any time access and edit, update or delete their contact details by logging in with their Customername and password to Eirewave's platform. Eirewave Customers may create more Customers with different privilege levels within their account. It is the responsibility of the Customer that creates other Customer accounts, to choose the level of access each Customer should have. Once these new Customers log into Eirewave, they meet the definition of Customer in this policy. Eirewave will not retain Customer data longer than is necessary to fulfill the purposes for which it was collected or as required by applicable laws or regulations.

5.4.3 Collection of Respondent data

It is the Customer's responsibility to ensure that collection and processing of data is done in accordance with applicable law. Eirewave will not process Personal Data for other purposes or by other means than instructed by its Customers.

For Customers in the EEA, or for Customers providing surveys to Respondents in the EEA, the Customer will be the "controller", as defined in the Directive and the GDPR. The purpose will consequently be defined by Eirewave's Customer.

5.4.4. Geographical location

Eirewave offers a number of data regions. A Eirewave "Data Region" is a set of data centers located within a defined geographical area where Customer and Respondent data is stored. Personal Data is not transmitted between Data Regions. For Eirewave Customers with accounts located in Eirewave's European Data Region, all Personal Data is processed in the EEA. For Customers with accounts in the Data Regions: United States of America (US) Russia and Canada, all Personal Data is processed solely in the respective country. For Customers with accounts in the Asia Pacific Data Region, all Personal Data is processed in Singapore.

5.4.4.1 Processing in the European Economic Area (EEA)

For Customers with accounts located in Eirewave's European Data Region, all processing of Personal Data is performed in accordance with privacy rights and regulations following the EU Directive 95/46/EC of the European Parliament and of the Council of 24 October 1995 (the Directive), and the implementations of the Directive in local legislation. From May 25th, 2018, the Directive and local legislation based on the Directive will be replaced by the Regulations (EU) 2016/679 of the European Parliament and of the Council of 27 April 2016 on the protection of natural persons with regard to the processing of Personal Data and on the free movement of such data, known as the General Data Protection Regulation (GDPR), and Eirewave's processing will take place in accordance with the GDPR.

5.4.4.1.1 Controller

Eirewave processes Personal Data both as a Processor and as a Controller, as defined in the Directive and the GDPR.

As such we operate as a data processor for our hosted multimedia survey software customers. Our Customers fill the role of data controller.

5.4.4.2 Processing in the United States Of America (US)

For Customers with accounts in the US Data Region, Eirewave processes data solely in data centers located in the US. Eirewave has adopted reasonable physical, technical and organizational safeguards which substantially mirror the EU safeguards against accidental, unauthorized or unlawful destruction, loss, alteration, disclosure, access, use or processing of the Customer's data in Eirewave's possession. Eirewave will promptly notify the Customer in the event of any known unauthorized access to, or use of, the Customer's data.

5.4.4.3 Processing in Russia

For Customers with accounts in the Russia Data Region, Eirewave processes data solely in data centers located in the Russia. Eirewave has adopted reasonable physical, technical and organizational safeguards which substantially mirror the EU safeguards against accidental, unauthorized or unlawful destruction, loss, alteration, disclosure, access, use or processing of the Customer's data in Eirewave's possession. Eirewave will promptly notify the Customer in the event of any known unauthorized access to, or use of, the Customer's data.

5.4.4.4 Processing in Canada

For Customers with accounts in the Canada Data Region, Eirewave processes data solely in data centers located in Canada. Eirewave has adopted reasonable physical, technical and organizational safeguards which substantially mirror the EU safeguards against accidental, unauthorized or unlawful destruction, loss, alteration, disclosure, access, use or processing of the Customers data in Eirewave's possession. Eirewave will promptly notify the Customer in the event of any known unauthorized access to, or use of, the Customer's data.

5.4.4.5 Processing in other regions

For Customers with accounts in the Asian Pacific Data Region, Eirewave processes data solely in data centers located in Singapore. Eirewave has adopted reasonable physical, technical and organizational safeguards which substantially mirror the EU safeguards against accidental, unauthorized or unlawful destruction, loss, alteration, disclosure, access, use or processing of the Customers data in Eirewave's possession. Eirewave will promptly notify the Customer in the event of any known unauthorized access to, or use of, the Customer's data.

6. Acceptance of these Conditions

We assume that all Visitors of our website, Respondents to surveys powered by Eirewave and Customers Eirewave's platform have carefully read this document and agree to its contents. If someone does not agree with this privacy policy, they should refrain from using our website and platform. We reserve the right to change our privacy policy as necessity dictates. Continued use of Eirewave website and platform after having been informed of any such changes to these conditions implies acceptance of the revised privacy policy. This privacy policy is an integral part of Eirewave's terms of use.

7. Intellectual property

National and international intellectual property rights protect all items (text, logos, images, audio content, software, interfaces, icons, layouts, databases ...) contained within the site. These items remain the exclusive property of Eirewave or partners.

It is thus prohibited, without prior written permission from Eirewave and/or its partners, to reproduce, represent, adapt, translate and/or transform or transfer to another website, in part or in whole, any item from this Site.

The contravention of this regulation may constitute an act of counterfeiting for which you may be liable under civil and criminal legislation. In accordance with the Intellectual Property Code, the items contained within this site may only be used for strictly personal purposes.

8. Limited responsibility

Eirewave can under no circumstances be held responsible for links included on the site directed to other sites, having no control over the content of such destinations.

Eirewave cannot be held responsible for any content, advertising, products, services or any other tool available on or from these sites or external sources that it has neither verified nor approved, nor be held responsible for any damages subsequent to their use.

Eirewave is not responsible for webcasting, podcasting or any other form of transmission received from another Internet site.

The customer shall put in place appropriate insurance cover to cover the risk of any loss or damage. The Customer may not claim any reimbursement, replacement, or compensation from Eirewave in any circumstances;

Eirewave is not responsible for any failure of the Customer to upload the Content correctly, and shall not be responsible for providing support in relation to the control and operation of the Content;

Eirewave is not responsible for the Content, for the conception or development of the Website, and for the Customer's equipment, systems or software necessary for the management of the Website. Eirewave shall have no obligation to validate or vet the Content for usability, legality, content or correctness and shall not, in any event, be liable towards the Customer or any third party for any loss arising from or in connection with the Content;

Eirewave is not responsible for complying with all applicable laws and regulations concerning the Content, including (without limitation) for ensuring that the Website contains all information concerning the Customer, its products and the conduct of its business which are required

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