Privacy Policy

Background

UXTesting, Inc. (“Us”, “We”, “Our”, the “Company”) provides a service, including UXTesting Application (“UXTesting Application”) and Software Development Kits (the “UXTesting SDKs”) (together the “Service”) for software application development and testing. UXTesting’s customers (the “Customers”) may use UXTesting Application or implement the UXTesting SDKs in their software applications, currently being developed (the “Software Application”), thus making it possible to record and analyze test sessions and user behavior. This Privacy Policy applies to you, as a tester (“You” the “Tester”), and Your use of UXTesting Application or any Software Applications containing the UXTesting SDKs currently tested by You on behalf of the Customer.

We respect Your right to privacy and We want to make sure that You understand the type of Personal Data and information that we collect about You, how it is used and the safeguards we use to protect it.

Collection of Information

We collect certain personal information from Customers when a Customer signs up to our Service that can be used to identify you, such as your name, e-mail address, mailing address, telephone number, and any other information that we deem relevant for the purpose of providing you with our Service or which you provided to use voluntarily. The information we collect from you, to the extent that it is private, is disclosed only in accordance with our Terms of Service and/or this Privacy Policy.

As you navigate the Service, we may also collect information through the use of commonly-used information-gathering tools, such as cookies and web beacons (“Web Site Navigational Information”). Web Site Navigational Information includes standard information from your Web browser (such as browser type and browser language), your Internet Protocol (“IP”) address, and the actions you take on the Service (such as the web pages viewed and the links clicked).

We use the Service to record and enable playback of Your test sessions and We may collect Personal Data each time a recording is initiated. Depending on the features in the device You are using and/or the Software Application currently tested by You, We may collect the following Personal Data: username, e-mail, age, address, education level and information regarding the device (e.g. device name, operating system and model), video content (captured by the camera and the screen), sound, location, banners and other notifications (as they may appear on the screen) and any other Personal Data included in the information that You enter into, or submit to the Software Application.

Through our Service process, we may also collect information provided by Customers, such as the name, company name, address, phone number, email address, account data, etc of Testers that you choose to share with us. When you provide us with personal information about your Testers, we will only use this information for the specific reason for which it is provided, such as to add new records to your account, or as agreed in the applicable agreement with Customer.

Whenever you visit our Site, we may collect non-identifying information from you, such as your referring URL, browser, operating system, cookie information, and Internet Service Provider. Without a subpoena, voluntary compliance on the part of your Internet Service Provider, or additional records from a third party, this information alone cannot usually be used to identify you.

Processing of Personal Data

Personal Data, included in the recordings, is stored and processed solely on behalf of and on the instructions of the Customer and for purposes that include testing, analyzing and evaluating the Software Application that is currently being developed or user behavior in general. Furthermore, Personal Data included in the recordings may, in connection with the purpose above, be made available by the Customer to the public through an open archive of test sessions hosted by Us. Neither We nor the Customer will use Your Personal Data for any other purpose without your consent.

Transfer of Personal Data

Your information may be transferred to—and maintained on—computers located outside of your state, province, country or other governmental jurisdiction where the privacy laws may not be as protective as those in your jurisdiction. If you are located outside the United States and choose to provide information to us, Promoter.io transfers Personal Information to the United States and processes it there. Your consent to this Privacy Policy followed by your submission of such information represents your agreement to that transfer, subject to any applicable provisions of this Privacy Policy.

Data Controller and Data Processor; Data Protection Officer

We process personal data both as a Processor and as a Controller, each as defined in the EU Directive 95/46/EC of the European Parliament and of the Council of 24 October 1995 (the “Directive”) and the General Data Protection Regulation (“GDPR”). The Customer which Customer End Users provided personal data to, with the assistance of the Service, will be the Controller for Customer End User Data. We will be the Processor of Customer End User Data. For Customer personal data, we will be the Controller.

UXTesting, Inc. has a Data Protection Officer (as defined in the Directive and GDPR) who is responsible for matters relating to privacy and data protection. Our Data Protection Officer can be reached as follows:

UXTesting, Inc. 

Attn: Data Protection Officer 

120 Constitution Drive 

Menlo Park, CA 94025 

compliance@uxtesting.io

Cookies

We use cookies to create a session and remember a User as they use our Site, in order to distinguish them from other Users. This provides additional security and convenience beyond simply identifying Users based on their IP address, since more than one User can share the same address. For this reason, it is necessary that you enable cookies in your browser, and you hereby acknowledge that we have informed you of our use of cookies and that you consent to our use of cookies in relation to your computer system.

Third Party Websites

UXTesting, Inc. may post links to third party websites on its Site. These third party websites are not screened for privacy or security issues by UXTesting, Inc., and you release us from any liability for the conduct of these third party websites.

Please be aware that this Privacy Policy, and any other policies in place, in addition to any amendments, does not create rights enforceable by third parties or require disclosure of any personal information relating to members of the Service or Site. UXTesting, Inc. bears no responsibility for the information collected or used by any advertiser or third party website. Please review the privacy policy and terms of service for each site you visit through third party links.

Third Party Access to Your Information

Although you are entering into an Agreement with UXTesting, Inc. to disclose your information to us, we do use third party individuals and organizations to assist us, including contractors, web hosts, and others.

Throughout the course of our provision of our Service to you, we may delegate our authority to collect, access, use, and disseminate your information. For example, our web host stores the information that you provide us, and we may hire outside contractors to perform maintenance or assist us in securing our website.

It is therefore necessary that you grant the third parties we may use in the course of our business the same rights that you afford us under this Privacy Policy. For this reason, you hereby agree that for every authorization which you grant to us in this Privacy Policy, you also grant to any third party that we may hire, contract, or otherwise retain the services of for the purpose of operating, maintaining, repairing, or otherwise improving or preserving our website or its underlying files or systems. You agree not to hold us liable for the actions of any of these third parties, even if we would normally be held vicariously liable for their actions, and that you must take legal action against them directly should they commit any tort or other actionable wrong against you.

Without limiting the generality of the foregoing, you authorize us to collect, store, share, and otherwise use your information in conjunction with:

  • Google Analytics
  • Sendgrid
  • Userlike
  • Amazon Web Services
  • Hotjar
  • Stripe
  • Microsoft Azure
  • Google Cloud

Security

We take certain measures to enhance the security of our Site and Service, including using SSL certificates and vulnerability scanning. However, we make no representations as to the security or privacy of your information. It is in our interest to keep our Site secure, but we recommend that you use anti-virus software, firewalls, and other precautions to protect yourself from security threats.

YOUR CALIFORNIA PRIVACY RIGHTS

Residents of California have the right to request a disclosure describing what types of personal information we have shared with third parties for their direct marketing purposes, and with whom we have shared it, during the preceding year. You may request a copy of that disclosure by contacting us at service@uxtesting.io.

Accuracy and right to information

We will make reasonable efforts to ensure that your Personal Data is correct and up-to-date. If you believe that any Personal Data stored by Us is incorrect, you are welcome to contact Us and provide us with correct data in order for Us to rectify and update your Personal Data.

You may, once per calendar year, request information regarding Personal Data stored by Us. Such request, in writing and signed by you, shall be addressed to Us on the address below.

Amendments

We may modify this Privacy Policy from time to time to reflect changes in our privacy practices. All Users, including Customers and Testers, are encouraged to review this Privacy Policy periodically and to check the “Last Updated” date at the bottom of the Privacy Policy for the most recent version. If we make changes to this Privacy Policy, we will notify you here, by email, the Service or the Site.

Contact

This Privacy Policy is effective as of May 23, 2018.

If You have any questions about how We use your Personal Data, you may contact us at service@uxtesting.io.