Privacy Policy

1. Introduction

This Privacy Policy ("Policy") governs the collection, processing, storage, and disclosure of Personal Information through VividSurvey.com and its associated services ("VividSurvey", "we", "us", "our"). This Policy should be read in conjunction with our Terms of Service and any applicable Data Processing Addendum.

By accessing or using the Services, you consent to this Policy and accept the allocation of responsibilities and limitations of liability outlined herein.

2. VividSurvey's Role and Responsibility Allocation

2.1 Platform Provider Only

VividSurvey operates solely as a technology platform provider. We supply the infrastructure, tools, and hosting that allow Survey Creators to create, distribute, and analyze surveys.

2.2 Survey Creators as Data Controllers

Survey Creators are independent data controllers. VividSurvey functions exclusively as a data processor or service provider acting on their behalf and instructions.

Survey Creators bear full and exclusive responsibility for:

• Ensuring lawful collection, use, storage, and processing of Respondent data
• Providing adequate notices, disclosures, and privacy policies to Respondents
• Obtaining all required consents or permissions prior to collecting Personal Information
• Compliance with all applicable data protection laws (e.g., GDPR, CCPA, PIPEDA, etc.)
• Honoring Respondent rights (access, rectification, deletion, objection, etc.)
• Secure handling, sharing, or deletion of response data

VividSurvey expressly disclaims any responsibility or liability for non-compliance by Survey Creators.

2.3 No Direct Respondent Relationship

VividSurvey maintains no direct relationship with Respondents concerning survey content or the handling of their responses.

All inquiries, disputes, or requests from Respondents regarding survey intent, use of data, disclosures, or the legality of questions should be addressed exclusively to the Survey Creator, not VividSurvey.

3. Data Residency (Optional Feature)

Paid users may choose a preferred data residency region where available. This option does not guarantee legal compliance, does not shift controller responsibilities to VividSurvey, and does not provide protection from jurisdictional requirements.

Choosing a data residency region does not exempt Survey Creators from obligations under GDPR, CCPA, or other applicable laws. VividSurvey bears no liability for fines or penalties resulting from a Survey Creator's configuration or use of this feature.

4. No Legal Advice

The Services, including documentation, templates, and configuration options, do not constitute legal advice and do not ensure compliance with any regulations. They are provided "as is" and "as available." Users must seek independent legal counsel for compliance matters.

5. Limitation of Liability

To the fullest extent permitted by law, VividSurvey shall not be liable for any indirect, incidental, consequential, special, exemplary, or punitive damages, including loss of data, profits, regulatory fines, reputational damage, or business interruption. VividSurvey's aggregate liability shall not exceed the fees paid by you in the twelve (12) months prior to the claim, or USD $100, whichever is less.

6. Indemnification

You agree to defend, indemnify, and hold harmless VividSurvey, its officers, directors, employees, and affiliates against any claims, damages, fines, penalties, liabilities, and expenses arising from your surveys, survey content, collection or use of Personal Information, non-compliance with laws, or claims by Respondents or authorities.

7. Security and Breaches

Although VividSurvey employs reasonable security measures, we do not warrant uninterrupted or error-free operation or absolute protection against breaches. We are not liable for incidents caused by third parties, user errors, or force majeure events.

8. Legal Requests and Authorities

VividSurvey may respond to valid legal requests from authorities. Such cooperation does not impose liability on VividSurvey toward users or Respondents.

9. Jurisdictional Variations

Certain jurisdictions prohibit exclusions or limitations of liability. In those jurisdictions, liability is limited to the greatest extent allowed by law.

10. Survival

All disclaimers, limitations of liability, indemnification obligations, and responsibility allocations survive termination of your access to or use of the Services.

11. Contact Information

For privacy-related inquiries, please contact us at:

Email: privacy@vividsurvey.com