DAVIS RESEARCH LLC
Thank you for visiting the Davis Research LLC (“Davis Research” or “we”) website. Davis Research conducts public opinion and market research surveys using a variety of methodologies and scientific methods. By using the Sites and/or the Services, you consent to the terms of this Policy, which forms a binding agreement between you and Davis Research. If you do not agree with this Policy, do not use the Sites or the Services. Continued use of the Services and the Sites constitutes your freely given, specific, and informed consent and agreement to the collection and use of your personal information.
This Policy also governs research services (the “Services”) provided by Davis Research to our clients (“you,” “your,” or “Client”). We’ve developed this Privacy to describe (1) how we collect, use, transfer, and store information of individuals who participate in research or visit the Sites (“you,” “your,” or “Respondent”); (2) your choices regarding your information; and (3) how we ensure your privacy. Davis Research embraces the Privacy Shield Privacy Principles of notice, choice, accountability for onward transfer, security, data integrity and purpose limitation, access, recourse, enforcement and liability.
At Davis Research, we are firmly committed to market research best practices, and are serious about your privacy. Our privacy practices are compliant with applicable data protection and privacy laws, including the California Consumer Privacy Act (“CCPA”). If you participate in research as a Respondent, unless you give us your express consent, we will not use your information for direct sales or marketing purposes, or for any other non-research purpose.
1. How We Collect Your Information and the Categories We Collect
We collect information through our surveys, which may be conducted in-person, by phone or online, and when you make requests for information about our services or other inquiries.
Under a number of laws and regulations, “personal information” includes information such as real names, postal addresses, email addresses, and social security numbers.
Under CCPA’s broad definition, “personal information” may also include unique identifiers, IP addresses, biometric information, internet or other network activity (such as browsing history, search history, etc.), geolocation data, audio/visual data, and even inferences which may be drawn from any of the above to create a profile about a consumer.
As part of our research studies, we receive the information that you voluntarily provide, including, without limitation, your name, residential or work address, email address, phone number, certain demographic classification information (such as your education experience, age, income or race), and information regarding your hobbies and/or shopping behavior. For some research projects, we may also request certain limited financial or health information. Please note that Davis Research never asks for your financial account numbers, social security number or account passwords as part of the survey research process.
For research that is performed in person (such as a focus group, in-depth interviews, or self-administered in-person project), you may be video and/or audio recorded for purposes of documenting the survey experience and creating a summary analysis of the research.
We may receive personally-identifiable information from a third-party who may request that we contact you to participate in a research project, and from third-party providers of address and phone lists. In those instances, we may receive from such third-party basic personal information (such as name, address, age, etc.), your connection with the third-party, your interests and/or product ownership, and your contact information.
In all other instances, we collect information through our research methods, website and when you make requests for information about our services or other inquiries. We may also seek other personally or non-personally identifiable information from you or where such information is otherwise publicly available.
In addition to the information described above, we may passively collect information that is automatically sent to us by your web browser. This information typically includes your IP address, type of device, browser type, operating system and domain name (the site after the @ in your email address). It may also contain your user name (the name before the @ in your email address). The amount of information sent depends on the settings you have on your web browser; please refer to your browser if you want to learn what information it sends.
Certain research projects involve consumers receiving a moderate financial incentive in exchange for participation in a survey. This incentive does not constitute an employment relationship and does not interfere with your right to exercise your rights to your personal information as outlined in this document.
When you dial a toll-free number in the United States, the party you are calling pays for the call. The called party is able to identify your telephone number using a telephone network technology called Automatic Number Identification (ANI). FCC rules limit parties that own toll-free numbers from distributing the telephone numbers identified through ANI and require telephone companies to inform customers that their telephone numbers are being transmitted to toll-free numbers in this way. If you take a Davis Research telephone survey, both Davis Research and its clients may have access to your ANI, but, per FCC rules, will not distribute that telephone number further.
If you are a client or work for a client, we likely have collected various contact, business, and in some cases financial information about you in the course of administering our relationship with you or your employer. In those cases, our legal basis for use of the information is our legitimate interest to perform our obligations under our contract with you or the company for which you work.
2. How We Use Your Information
Research project respondent information is used solely for research purposes. We do not sell our respondents anything; we are only interested in opinions. When you complete a research project, your responses are generally analyzed in aggregate with all other respondents’ information. At times the answers provided may be analyzed using an algorithm to categorize your responses into groups based on common characteristics such as psychological trends, preferences, behaviors, and attitudes.
If you submit a request for information regarding our services through our website, we will use your personal information to respond to your request.
CCPA defines the term “sell” broadly. Its meaning includes “renting, releasing, disclosing, disseminating, making available, [and] transferring…for monetary or other valuable consideration.”
Under this definition, the CCPA’s broad definition of “personal information,” we may “sell personal information” about you to our clients or other collaboration partners, such as your contact information or certain combinations of anonymized or pseudonymized demographic and other information.
Categories of information we’ve “sold” in the previous 12 months include: Respondent information, such as names, email addresses; demographic data, such as age, sex, race, ethnicity, nativity, parental status, marital status, zip code, income and education levels; respondent photos, video, and audio; business partner employee names, addresses, phone numbers, and email addresses; social media information (e.g., handles, basic information available on profiles); residential address, zip code; voter history/intent, opinions on candidates; products used, opinions on products; programs participated in, opinions on programs; grocery stores shopped at, opinions on grocery stores; health status, ailments, smoking status; experience with utility customer service providers or medical insurance companies.
Categories of information we’ve otherwise disclosed for a business or commercial purpose (for example, for confidential use by our service providers) in the previous 12 months include: the above categories of information we’ve “sold,” as well as log files, browser type, operating system, IP addresses, unique identifiers, other device information.
We use the information we automatically receive from your web browser to improve the quality of our website(s), including, without limitation, which pages you visit within our site, which site you visited before coming to ours, and where you go after you leave. We can then develop statistics that are helpful to understand how this site is used. This statistical data is interpreted by us in our continuing effort to present the website content that visitors are seeking in a format they find most helpful.
If you submit a job application to Davis Research or are a Davis Research employee, we may use Personal Information that you supply as follows:
· Through the application process you are asked to provide professional or employment related information and education information for the purpose of determining your qualifications as they relate to available Davis Research job openings. We may also contact previous employers and references, unless you instruct us not to.
· Identifiers such as a real name, alias, postal address, email address, Social Security number, driver’s license number, passport number, or other similar identifiers. This information is used for business activities including payroll and the reporting of tax payments, state and federal mandated purposes of verifying employment eligibility, and background checks on new hire employees.
· Protected classification information (like race, gender, religion, ethnicity, etc.) may be collected voluntarily for state employment reports.
· As part of our data security audits and reporting we continuously track Internet or other electronic network activity information including, but not limited to, browsing history, search history and information regarding a consumer’s interaction with a website, application or advertisement. Nothing in these audits is intended to disrupt employee’s rights with regard to the NLRB.
· As part of our physical security plan areas of the Davis Research premises are continuously under video surveillance. In addition telephone calls may be periodically recorded for purposes of quality assurance and/or training.
3. Onward Transfer and Data Sharing of Personal Information
Generally, Davis Research will only share data and/or information with its clients in an aggregated form or format, which does not permit the client to identify individual respondents. Davis Research limits the use of personally-identifiable information only for legitimate market research purposes and in accordance with applicable laws.
Personal information is never transferred, disclosed or otherwise shared with any third party or third parties without the prior written consent of the data subject, except as follows:
• In the event that Davis Research is required to disclose personal information pursuant to any applicable laws or as required by a valid court or governmental order or subpoena.
• In order to protect the safety of an individual or to protect Davis Research’s rights and/or property.
• Davis Research may disclose or share personally-identifiable information to authorized and approved agents, consultants, vendors and/or subcontractors of Davis Research and/or of Davis Research’s clients (individually, each a “Subcontractor” and collectively the “Subcontractors”) in connection with a Subcontractor’s performance of services for Davis Research and/or Davis Research’s clients.
4. Data Security
Davis Research uses reasonable security measures to prevent loss, misuse, and alteration of information under our control. However, we cannot guarantee the security of information on or transmitted via the Internet. We rely on various security procedures and systems to ensure the secure storage and transmission of data, including encryption and authentication technology, restricted access, and physical site security to effect secure transmission and storage of personal information.
If we learn of a security breach, we may attempt to notify you electronically so that you can take appropriate protective steps, by posting a notice on the Sites and/or sending an email to you at an email address you have previously provided to us.
Additionally, Davis Research’s employees and/or agents are bound by, and agree to comply with, confidentiality obligations and requirements. In the event that a Davis Research’s employee violates his or her confidentiality obligations and restrictions, the employee will be subject to disciplinary action, up to and including termination of employment.
5. Cookies and Log Files
Our third-party partners or we may use logging throughout your survey-taking and research program experiences. When you access any of these services, servers automatically record information that your browser transmits whenever you visit a website. These server logs may include information such as your web request, IP address, browser type, browser language, the date and time of your request and one or more cookies that may uniquely identify your browser. This information is periodically deleted as part of normal maintenance routines.
6. Device ID
7. Children’s Privacy Protection
We may provide links to third party sites. We try to alert you wherever possible when you will be leaving our site, but we may not be able to do so all of the time. As we do not control these web sites, we encourage you to review the privacy policies posted on these and all third party sites.
9. Access to Personal Information; Updating Personal Information; Additional rights to Personal Information.
You have the right to review, correct, restrict or delete your personal information which Davis Research has in its possession, subject to applicable laws and regulations.
When we receive a verified access request from an individual, we will attempt to fulfill the information request within thirty days, including requests regarding the Personal Data we have in our possession or control about the individual, what it is being used for, and to whom it has been disclosed, if applicable. If more time is required, we will notify you within thirty days.
In certain situations, however, Davis Research we may not be able to provide access to some Personal Data. This may occur when:
– the data has been aggregated or de-identified such that personal data is no longer available;
– providing access to Personal Data would be likely to reveal Personal Data about a third party;
– disclosing the information would reveal confidential commercial information; or
– the information has been collected for the purposes of a legal investigation.
If we are required to deny your request for access to your Personal Data, we only do so in accordance with applicable laws and regulations and will always advise you of the reason for the refusal.
Davis Research makes reasonable efforts to keep Personal Data in its possession or control accurate and complete, based on the most recent information available to us. If you believe your Personal Data are inaccurate, you can demonstrate in writing the accuracy or completeness of the Personal Data we have on you by using one of the contact methods described below. If you successfully demonstrate that the Personal Data we have on you are inaccurate or incomplete, we will amend as required.
In addition, you have the following rights:
• Right to opt out of the sale of personal information — You have the right to direct Davis Research to stop selling your personal information and to refrain from doing so in the future.
• Right of access — You have the right to obtain confirmation and information about the processing of your Personal Data.
• Right to rectification — You have the right to have any inaccuracies about your Personal Data corrected.
• Right to erasure — You have the right to have your Personal Data deleted (this right is limited to data which according to law and regulation may only be processed with your consent, if you withdraw your consent for processing).
• Right to restriction of data processing — You have the right to require that the processing of your Personal Data be restricted (during the course of any investigation into honoring your request, Davis Research’s access your Personal Data will be limited).
• Right to data portability — You have the right to have your Personal Data transferred to another party (this right is limited to data provided by you).
To exercise these rights, please contact the Davis Research privacy officer at 800.294.3677 or fill out the online privacy right form at www.researchprivacy.com/YourRights . You will be prompted for personal information (typically name, phone number, physical address and email address) which will be used solely for the purposes of record keeping of requests and verification of your identity. If you are an authorized agent acting on behalf of a consumer, you will be asked to provide written permission that you are authorized to act on their behalf.
All disputes arising under this Policy shall be governed by and interpreted in accordance with the laws of Washington, without regard to principles of conflict of laws. The parties to this Policy will submit all disputes arising under this agreement to arbitration in Seattle, Washington, before a single JAMS arbitrator.
The arbitrator shall be selected by application of the rules of JAMS, or by mutual agreement of the parties. No party to this Policy will challenge the jurisdiction or venue provisions as provided in this section. Nothing contained herein shall prevent the party from obtaining an injunction.
Any arbitration or court trial, related to any claim under this Policy, whether before a judge or jury or pursuant to judicial reference, will take place on an individual basis, without resort to any form of class or representative action (“Class Action Waiver”). THIS CLASS ACTION WAIVER PRECLUDES ANY PARTY FROM PARTICIPATING IN OR BEING REPRESENTED IN ANY CLASS OR REPRESENTATIVE ACTION REGARDING A CLAIM UNDER THIS POLICY. Regardless of anything else herein, the validity and effect of the Class Action Waiver may be determined only by a court and not by an arbitrator. THIS CLASS ACTION WAIVER IS VOID WHERE LIMITED OR PROHIBITED BY LAW.
Davis Research LLC
Attn: Privacy Officer
26610 Agoura Rd.
Calabasas, CA 91302
To protect your privacy and security, Davis Research may also take reasonable steps to verify your identity before making corrections to or deleting your information. We will respond to your request for access to modify or delete your information within a reasonable time frame.
In certain cases, deleting or limiting the use and disclosure of your personal information may impact the functionality or prevent the use of the Sites or the Services.
11. Changes to this Policy
Last Updated: May 25, 2022