Forthright User Agreement

Thank you for being a Forthright member. Please review and agree to our updated Terms of Service and Privacy Notice before proceeding.

As a Forthright member, you agree to:

Read all survey questions and answer honestly
Keep survey content confidential
Do not share your surveys with others
Read our Privacy Notice and Terms of Service

At Forthright, we agree to:

Reward you for your participation
Use all data for research purposes only
Respect and protect your privacy

How You Earn Rewards

If you are a match and complete a full survey, you'll receive the full reward amount.
If you are not a match, you'll be exited from the survey early. Don't take it personally — each survey is different. You'll receive a loyalty credit for most Forthright surveys even when you disqualify and a bonus payment for every three credits!
All surveys are reviewed by our dedicated research team. We will not pay for answers that fail standard quality checks.

FORTHRIGHT TERMS OF SERVICE

Thank you for your interest in Bovitz, Inc.'s Forthright ("Forthright") website, consumer panel, and consumer research and engagement services (collectively, the "Services").

These Terms of Service (the "Terms") define your relationship with Bovitz, Inc., which owns and operates the Forthright website, when you use the Services. These Terms provide information on how we deliver the Services and include the rules that apply to the Services. When we say "we," "us," and "our," we mean Bovitz, Inc. and any of its current or future affiliates.

It is important for you to read and understand these Terms because, by using our Services, you're agreeing to these Terms. Additionally, if you do not agree to these Terms, or if you are not legally competent to agree to these Terms, then you may not use the Services.

We also have a Privacy Notice posted on our website. Although the Privacy Notice is posted separately, it is part of these Terms. This means that you also agree to the Privacy Notice when you use the Services. We encourage you to read the Privacy Notice so you understand how we process your personal data when you use the Services.

PLEASE NOTE THAT THESE TERMS INCLUDE PROVISIONS RELATING TO BINDING ARBITRATION, WAIVER OF A RIGHT TO JURY TRIAL, WARRANTY DISCLAIMERS, AND CERTAIN EXCLUSIONS AND LIMITATIONS ON OUR LIABILITY.

The Services

Age Restriction

You must be 16 years of age or older to use the Services.

Panel Membership

Through this website, Forthright offers you the opportunity to become a member of its consumer panel. If you become a member, you will have the chance to participate in online surveys and other consumer research and engagement activities ("Projects").

To become a member of the Forthright panel, you will need to complete a brief registration process on our website by submitting your email address and other required information, including answering basic questions about yourself (for example, country of residence, postal code, age, and gender initially). After signing up, you can optionally provide additional information such as your full mailing address, phone number, and answers to many sociodemographic questions to fill in your profile. We use your profile to match you to Projects. You are responsible for ensuring that your information is correct, including updating your email address if it changes and updating any other information necessary to maintain your membership. Please see our Privacy Notice for more information on how we process your personal data in connection with the Services.

We do not guarantee that you can participate on our panel. Your participation on our panel is in our sole discretion. We may deny panel participation to anyone at any time.

Project Participation

We will invite you to participate in Projects through email communications. You may always "opt-out" of our email communications. We include an unsubscribe link in each email we send that you can access to stop all communications from us.

We will also provide you with a separate opportunity to agree to receive invitations to participate in Projects via SMS/text communications to your mobile phone using an automated telephone dialing system. If you consent to receive these SMS/text communications, you may still opt out at any time. Message and data rates from your carrier may apply. You may receive approximately 5 messages per week from short form phone number 69890. You can text STOP to cancel. You can get help concerning SMS/text communications at [email protected] and 1-855-423-4863. Consent is not a condition of purchasing any property, goods or services.

We will also post Project opportunities to your member account.

Although Forthright maintains the Forthright consumer panel and sometimes runs its own Projects, the Projects typically are sponsored by Forthright's clients, not Forthright ("Client Projects"). We may help run the Client Projects, but the clients decide who may be eligible and the purpose and content of the Client Projects. Panel members may also have opportunities to participate in independent Projects that are sponsored by third parties where neither we nor our clients sponsor the Projects ("Third-party Projects"). These third parties decide who may be eligible for and the purpose and content of the Third-party Projects. We don't have any control over and are not responsible for the content of the Third-party Projects. We also have no control over and are not responsible for how those Third-party Projects are run, their eligibility requirements, or any other decisions concerning the Third-party Projects.

As a participant in a Project, you agree to:

read all relevant material and questions and provide honest responses;
participate in good faith, following directions and Project requirements;
keep all Project content confidential; and
not share the nature or substance of Projects with anyone else.

We make no guarantee that you will be eligible for any Project. An invitation to a Project does not guarantee that you are eligible to participate in it. Approval of your participation in a Project is in our, or the Project sponsor's, sole discretion. If you are not a match, typically you will be exited from the Project early, but you could also be deemed ineligible after you complete the Project. A Project may ultimately be unavailable to you because:

the Project is no longer open to participants;
the quota group you fit into has closed;
you didn't qualify based on your answers to Project questions;
you were disqualified for quality and integrity reasons based on the Project's standards established in our, or the Project sponsor's, sole discretion;
due to software bugs or glitches, or other technical issues that prevent your participation;
you do not provide consent, or you revoke your consent, to process your personal data where consent is required to process your personal data; and
any other reasons determined in our, or the Project Sponsor's, sole discretion to preserve the integrity, quality, effectiveness and value of the Services.

Rewards and Loyalty Credits

If we invite you to participate in a Project, we usually offer a reward if you qualify and complete the Project. Rewards vary by Project. If you are a match and complete the full Project, you'll receive the full reward amount, subject to the quality and integrity requirements discussed in the next section below, which could result in denial of the reward.

The reward could be a credit to your Forthright member bank, an entry into a sweepstakes giveaway, or both. The rules for sweepstakes giveaways are discussed below.

You also will receive loyalty credits for attempting certain Projects, even if you end up not being eligible, and a two-dollar bonus reward for every three loyalty credits you earn, subject to the quality and integrity requirements discussed in the next section, which could result in denial of the credits. Once you earn three loyalty credits, we will automatically credit your two-dollar bonus reward to your Forthright bank.

You will receive information about the rewards and loyalty credits available for a Project at the time you are invited to participate.

Quality and Integrity Requirements

All Project submissions are reviewed for quality and integrity. You will not receive rewards or loyalty credits for your participation in Projects if your participation does not meet our, or the Project sponsor's, quality and integrity standards. We also reserve the right to cancel any reward, loyalty credit, or other incentive already provided if your Project response is subsequently invalidated based on a quality and integrity review or if you revoke your consent to process your personal data where consent is required to process the reward, loyalty credit or other incentive. Quality and integrity reasons for invalidation could include, but are not limited to, fraudulent activity, inattentive or non-sensical Project responses, profanity or other offensive content, or any other bona fide deficiencies that make your response invalid. Quality and integrity checks may be conducted by us, our clients, or third parties.

Instant Reward Credits Eligibility

If you are a member, you may provide a phone number to validate your account using the verification feature in your account. Validating your account gives you the privilege of receiving your reward credits instantly after completing a Project. The purpose of phone verification is to provide validation that the member is a real person (as opposed to a bot) and a unique account holder. It's in our sole discretion whether to accept a phone number for account validation.

If you are a validated member, you will receive reward credits instantly to your member account balance, making the rewards available for immediate redemption.

If you are an unvalidated member, you may need to wait up to approximately two weeks for your rewards to be credited to your account. Your wait time could be less than or more than two weeks. If your Project response, reward or loyalty credit have been invalidated, the reward or loyalty credit will NOT be credited to your account.

Your Forthright Bank and Redeeming Your Rewards

All reward credits first accrue to your Forthright member bank and have no cash value until redeemed. You can view your Forthright bank balance (redemption value shown in USD) by logging into your member account where you can also redeem your rewards based on available options or opt to donate your balance to the available charity options.

We hold your reward credits in your Forthright member bank while you use our Services solely for your convenience. Forthright is not a financial institution and your Forthright member bank is not a financial product. Your Forthright member bank is not a deposit account, does not accrue interest, is not insured by the FDIC, and has no guaranteed cash value. The rewards held in your Forthright bank are subject to possible forfeiture or disposal per the terms of this agreement.

Dormant Member Accounts and Account Closure

Members who have not participated in a Project, received a reward credit, or made a Forthright bank redemption over the past 24 months or more may have their account classified as dormant. In our sole discretion and at any time, we may choose to close a dormant member account. At the time of account closure, the account will become inaccessible by the member and any unredeemed rewards in the Forthright member bank will be disposed of according to the member's current Account Closure Setting. Members may submit requests to re-open closed accounts by contacting [email protected].

Account Closure Setting

Unredeemed rewards in a closed member account will be disposed of according to that member's Account Closure Setting. Options for Account Closure Setting include receiving a digital gift card by email (Digital Gift Card option), receiving a physical check by mail (Check by Mail option), or a charitable donation (Charitable Donation option).

As a Forthright member, your default Account Closure Setting will be the Charitable Donation option. At any time, unless your account has already been deleted per your request, closed, suspended, or terminated, you may change your Account Closure Setting by accessing your Forthright member account and changing the according setting on the My Account / Preferences tab.

Member Account Suspension and Termination

In our sole discretion, we may choose to suspend or terminate your account or otherwise block accrual or redemption of reward and loyalty credits. This could happen for several reasons, including if you have too many invalidated Project submissions, we detect fraudulent behavior in connection with your account, or any other reason that affects the quality and integrity of the Services.

Suspended and terminated accounts may be subject to reward balance reclamation. For example, if your account is deemed fraudulent, action may be taken to lock the rewards and prevent you from redeeming your accrued rewards. We may or may not notify you of account suspension or termination depending on the reason for the suspension or termination and applicable legal considerations.

Sweepstakes Giveaways and Other Promotional Offers

If you choose to participate in the giveaways or other promotional offers, you will be subject to and need to comply with the additional terms and conditions applicable to the sweepstakes or other promotional offers (the "Sweepstakes/Promotional Terms"). You should be sure to read the Sweepstakes/Promotional Terms, which will be linked to the sweepstakes giveaway or other offer. If there is a conflict between these Terms and Sweepstakes/Promotional Terms, the Sweepstakes/Promotional Terms will govern to the extent of the conflict.

General Restrictions

We want to maintain Services that benefit all users of the Services. To help ensure that we can continue to provide our Services, you must follow the rules of conduct described below. In using the Services, you agree:

You will not impersonate any person or entity, or misrepresent your affiliation with a person or entity, or misrepresent the origin of any information that you provide to us.
You agree that your use of the Services will always be for personal and non-commercial purposes. You agree that your use of the Services will always be for lawful purposes, and you will comply with all applicable laws and regulations, including all applicable copyright laws, in your use of the Services.

You also agree that:

you are not located in a country that is subject to a U.S. or European Union embargo, or that has been designated by the U.S. or another government as a "terrorist supporting" country;
you are not on any list of individuals prohibited from conducting business with the U.S.; and
you have not previously been blocked or otherwise restricted from accessing our Services, unless you have our express written permission to now access our Services.

If at any time you cease to meet the above requirements, you must promptly stop accessing and using our Services.

You agree that you will not, and will not attempt to, interrupt or otherwise interfere with the operation of our Services in any way. You agree that you will not, and will not attempt to, reproduce, transmit, distribute, or otherwise view, use, or exploit the Services in a manner that:

is inconsistent with these Terms;
could damage, disable, overburden, or impair the Services or interfere with any other party's use and enjoyment of the Services; or
is fraudulent or violates any applicable law.

You further agree that you will not:

use or attempt to use any engine, software, tool, agent, or other device or mechanism to navigate or search the Services, other than the search engines generally available (such as Google);
directly or through the use of any device, software, internet site, web-based service, or other means copy, record, reproduce, duplicate, archive, upload, publish, modify, translate, broadcast, perform, display, sell, offer for sale, license, or transmit or retransmit any content viewed through or on and/or listed to the Services unless expressly permitted by us;
remove or obscure any proprietary information on the Services violate the rights of others, including patent, trademark, trade secret, copyright, privacy, publicity, or other proprietary rights;
use technology or other means to access, index, frame, or link to the Services (including any content accessed using the Services) that is not authorized by us (including by removing, disabling, bypassing, or circumventing any content protection or access control mechanisms);
access the Services (including the content) through any automated means, including "robots," "spiders," or "offline readers";
decipher, decompile, reverse engineer or disassemble any software or other products or processes accessible through the Services;
circumvent, remove, alter, deactivate, degrade, or thwart any of the Services' content protections;
upload or transmit any file which contains viruses, worms, Trojan horses or any other contaminating or destructive features or computer code, files, or programs that interrupt, destroy, or limit the functionality of any computer software or hardware or telecommunications equipment;
damage, disable, overburden, impair, or gain unauthorized access to the Services;
post any content viewed or obtained from the Services on any publicly available Services, forum, or on social media;
use the Services to advertise or promote products or services that are not expressly approved in advance in writing by us;
collect or process information in violation of our Privacy Notice; or
attempt to do any of the foregoing.

We reserve the right to terminate or restrict your use of the Services at any time, without notice or liability, if we determine or reasonably believe in our sole discretion that you have breached these Terms, violated any law, rule, or regulation, engaged in other inappropriate conduct, or for any other reason. We may use technical measures to block or restrict your prohibited access to or use of the Services, and you agree not to circumvent, avoid, or bypass such restrictions.

We also reserve the right to take appropriate legal action against you, and you acknowledge that, in violating these Terms, you will have caused substantial harm to us and that the amount of such harm would be extremely difficult to measure. Moreover, evidence of use of this Services for illegal purposes may be provided to law enforcement authorities.

If we do take any legal action against you because of your violation of these Terms, we will be entitled to recover from you, and you agree to pay, all reasonable attorneys' fees and costs of such action, in addition to any other relief granted to us. You agree that we will not be liable to you or to any third-party for termination or limitation of your access to the Services because of any violation of these Terms.

Intellectual Property

Our Services contains images, graphics, frames, logos, text, code, and other various elements that are protected by copyrights, trademarks, trade secrets, patents, or other proprietary rights, and these rights are valid and protected in all forms, media, and technologies existing now and hereinafter developed. You acknowledge that the Services and any content on it is and will remain our property or the property of our licensors, if any. You agree to comply with all intellectual property laws, and you will not encumber any interest in, or assert any rights to, the Services. You may not modify, transmit, participate in the sale or transfer of, or create derivative works based on the Services, in whole or in part.

Links

Our Services may provide links to other third-party Services or apps. Our decision to link to a third-party services or app is not an endorsement of the content, products, or services in the third-party services or app. We do not control these third-party services and apps and expressly disclaim any responsibility for the content, the accuracy of the information and any products or services available on the third-party services and apps. We have not investigated or monitored the third-party services and apps for accuracy or completeness. The terms and conditions of the third-party services and apps apply to those third-party services and apps, not these Terms.

Trademarks

The trademarks, service marks, logos, and any product or service names appearing on this Services are our trademarks, service marks, or registered trademarks or those of respective third parties, whether appearing in large print or with the trademark symbol. The use or misuse of these trademarks or any other materials, except as permitted herein, is expressly prohibited and may be in violation of copyright law, trademark law, the law of slander and libel, the law of privacy and publicity, and communications regulations and statutes. Reference to any products, services, processes, or other information, by trade name, trademark, manufacturer, supplier, or otherwise, does not constitute or imply endorsement, sponsorship, or recommendation thereof by us.

Ownership and Proprietary Rights in Transferred information

Any communication or material you provide in connection with the Services, including any data, questions, comments, suggestions, or the like, and content provided through Projects becomes our property or the property of our clients, as applicable, and may be used for any purpose, including, but not limited to, reproduction, disclosure, transmission, publication, and broadcast, subject to any applicable terms in our Privacy Notice. Furthermore, we or our clients are free to use any ideas, concepts, know-how, or techniques contained in any communication you send to the Services for any purpose whatsoever including, but not limited to, developing, manufacturing, and marketing products using such information, subject to any applicable terms in our Privacy Notice.

Copyright

We respect copyright law and expect users of our Services to do the same. If you believe that any content or material on the Services infringes copyrights you own, please notify us by contacting [email protected].

Security

We are committed to protecting our users' personal data. While we take reasonable and appropriate data protection precautions, no security measures are completely effective, and we do not guarantee the security of user data at any time. We cannot guarantee, ensure, or warrant the security of any information you transmit to us. There is no guarantee that information may not be accessed, disclosed, altered, or destroyed by breach of any of our physical, technical, or administrative safeguards. Even though there are many benefits to using our Services, as with all electronic communications there are some risks such as (i) failure of hardware, software, and/or Internet connections; we are not responsible for failures, distortions, delays, or other problems resulting from equipment configuration, connection, signal power, hardware, software or any equipment used to access the Internet; and (ii) no guarantee that the confidentiality or security of electronic transmissions via the Internet can be assured due to potentially unsecure computers and links. This could result in your data becoming lost or intercepted during transmission. It is your responsibility to protect the security of any information you choose to share with us and to use good judgment before deciding to send information via the Internet. We will not be liable for any breach of security concerning the Services or any loss, misuse, or alteration of information resulting therefrom or from communications through our website.

Termination of services

We may suspend, limit, or terminate your use of or access to the Services if you fail to comply with these Terms. We also reserve the right at any time to modify or discontinue the Services (or any part or content of the Services) without notice. We will not be liable to you or to any third party for any modification, suspension or discontinuance of the Services.

Indemnification

You agree to indemnify, defend (subject to our right, in our sole discretion, to assume exclusive defense and control), and hold us harmless, including our partners, consultants, officers, directors, employees, contractors, and advisors, from and against all claims, losses, liability, expenses, damages, judgments, awards, and costs (including reasonable attorney's fees), related to or arising from (i) any breach of these Terms by you, (ii) your use or misuse of any material or information posted, provided, transmitted, or otherwise made available by you or by us, or (iii) your access or use of the Services.

We reserve the right to assume the exclusive defense and control of any matter that is subject to indemnification under this section. In such case, you agree to cooperate with any reasonable requests to assist our defense of such matter.

Disclaimer of Warranties

USE OF THE SERVICES IS AT YOUR SOLE RISK. YOU ASSUME FULL RESPONSIBILITY FOR ALL RISK ASSOCIATED THEREWITH. ALL INFORMATION CONTAINED ON OR PROVIDED THROUGH THE SERVICES, IS PROVIDED "AS IS" AND "AS AVAILABLE," WITHOUT ANY WARRANTIES OR CONDITIONS. WE RESERVE THE RIGHT, IN OUR SOLE DISCRETION AND WITHOUT ANY OBLIGATION, TO CORRECT ANY ERROR OR OMISSIONS IN ANY PORTION OF OUR SERVICES, WITH OR WITHOUT NOTICE TO YOU.

TO THE FULLEST EXTENT PERMISSIBLE UNDER APPLICABLE LAW, WE DISCLAIM ALL REPRESENTATIONS AND WARRANTIES, EXPRESS OR IMPLIED, STATUTORY OR OTHERWISE. THESE INCLUDE, BUT ARE NOT LIMITED TO, WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT. YOU UNDERSTAND THAT WE CANNOT AND DO NOT GUARANTEE OR WARRANT THAT FILES, IF ANY, AVAILABLE FOR DOWNLOADING FROM THE SERVICES WILL BE FREE OF VIRUSES, MALWARE, OR OTHER DESTRUCTIVE CODE. WE WILL NOT BE LIABLE FOR ANY LOSS OR DAMAGE CAUSED BY ANY TECHNOLOGICALLY HARMFUL MATERIAL THAT MAY INFECT YOUR SMART PHONE, COMPUTER OR OTHER ELECTRONIC EQUIPMENT, COMPUTER PROGRAMS, DATA, OR OTHER PROPRIETARY MATERIAL DUE TO YOUR USE OF THE SERVICES.

WITHOUT LIMITING THE FOREGOING, WE MAKE NO WARRANTY AS TO THE SECURITY, RELIABILITY, AVAILABILITY, ACCURACY, QUALITY, TIMELINESS, USEFULNESS, ADEQUACY, COMPLETENESS, OR SUITABILITY OF THE SERVICES. THE FOREGOING DOES NOT AFFECT ANY WARRANTIES THAT CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.

Limitation of Liability

IN NO EVENT WILL WE BE LIABLE FOR ANY SPECIAL, PUNITIVE, INDIRECT, INCIDENTAL, OR CONSEQUENTIAL DAMAGES, INCLUDING BUT NOT LIMITED TO PERSONAL INJURY, WRONGFUL DEATH, LOSS OF GOODWILL, LOSS OF USE, EMOTIONAL DISTRESS, LOSS OF PROFITS, INTERRUPTION OF SERVICE, OR LOSS OF DATA, WHETHER IN ANY ACTION IN WARRANTY, CONTRACT, TORT, OR ANY OTHER THEORY OF LIABILITY (INCLUDING, BUT NOT LIMITED TO NEGLIGENCE OR FUNDAMENTAL BREACH), OR OTHERWISE ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OF, RELIANCE ON, OR THE INABILITY TO USE, THE SERVICES. WE WILL NOT BE SUBJECT TO LIABILITY FOR THE TRUTH, ACCURACY, RELIABILITY, TIMELINESS, OR COMPLETENESS OF THE CONTENT OR ANY OTHER INFORMATION CONVEYED TO YOU OR FOR ERRORS, MISTAKES, OR OMISSIONS THEREIN OR FOR ANY DELAYS OR INTERRUPTIONS OF THE DATA OR INFORMATION STREAM FROM WHATEVER CAUSE. YOU AGREE THAT YOUR USE OF THE SERVICES IS AT YOUR OWN RISK.

TO THE EXTENT ANY OF THE ABOVE LIMITATIONS OF LIABILITY ARE RESTRICTED BY APPLICABLE FEDERAL, STATE, OR LOCAL LAW, THE LIMITATIONS WILL NOT APPLY TO THE EXTENT OF THOSE RESTRICTIONS.

Assignment

We may assign these Terms at any time, including, without limitation, to any parent, subsidiary, or any affiliated entity, or as part of the sale to, merger with, or other transfer of our association to another entity. You may not assign, transfer, or sublicense these Terms to anyone else and any attempt to do so in violation of this section will be null and void.

Disputes

Any dispute or claim relating in any way to your use of our Services, or to any products or services sold or distributed by us, as applicable, will be resolved by binding arbitration, rather than in court, except that you may assert claims in small claims court if your claims qualify. The U.S. Federal Arbitration Act and federal arbitration law apply to these Terms.

There is no judge or jury in arbitration and court review of an arbitration award is limited. However, an arbitrator can award, on an individual basis, the same damages and relief as a court (including injunctive and declaratory relief or statutory damages) and must follow the terms of these Terms as a court would.

To begin an arbitration proceeding, you must submit an arbitration request, including a description of your claim, to the mailing address listed under the LEGAL NOTICES AND ELECTRONIC COMMUNICATIONS section below. The arbitration will be conducted by the American Arbitration Association (AAA) under its rules, including the AAA's Supplementary Procedures for Consumer-Related Disputes. The AAA's rules are available at www.adr.org or by calling 1-800-778-7879.

YOU AND WE EACH AGREE THAT ANY DISPUTE RESOLUTION PROCEEDINGS WILL BE CONDUCTED ONLY ON AN INDIVIDUAL BASIS AND NOT IN A CLASS, CONSOLIDATED, OR REPRESENTATIVE ACTION. IF FOR ANY REASON A CLAIM PROCEEDS IN COURT RATHER THAN IN ARBITRATION, YOU AND WE EACH WAIVE ANY RIGHT TO A JURY TRIAL.

You also agree that we may bring suit in court to enjoin infringement or other misuse of our intellectual property rights.

Governing Law

These Terms will be governed exclusively by the laws of the State of California, without regard to its conflicts of laws rules. The state and federal courts located in the State of California will have exclusive jurisdiction to adjudicate any dispute arising out of or relating to these Terms that is not subject to arbitration. You waive any jurisdictional, venue, or inconvenient forum objections to such courts. Any cause of action or claim you may have with respect to these Terms must be commenced within one (1) year after it arises, except to the extent such limitation is not enforceable.

Relationship Between You, Us, and Third Parties

At all times, you and we are not the agents or representatives of the other. These Terms are not intended to create a joint venture, employment, partnership, or franchise relationship between us. Non-parties do not benefit from and cannot enforce these Terms. There are no third-party beneficiaries to these Terms. You must not represent to anyone that you are our agent or are otherwise authorized to bind or commit us in any way without our prior written authorization.

Miscellaneous

If any provision of these Terms is held to be invalid, illegal or unenforceable in any respect under any applicable law or rule in any jurisdiction, such invalidity, illegality, or unenforceability will not affect the effectiveness or validity of any provision in any other jurisdiction, and these Terms will be reformed, construed, and enforced in such jurisdiction as if such provision had never been contained in these Terms. No failure on our part to enforce any part of these Terms will constitute a waiver of any of our rights under these Terms. The reliance on our actions by you or any other person will not be deemed to constitute a waiver of any part of these Terms. Only a specific, written waiver signed by one of our authorized representatives will have any legal effect. Any headings or titles in these Terms are for convenience only. You agree that we may assign all or part of these Terms to another parties or parties without the assignment being considered a change to the Terms and without providing notice to you. The following provisions will survive the termination of the Services: Intellectual Property, Trademarks, Ownership and Propriety Right in Transferred Information, Indemnification, Disclaimer of Warranties, Limitation of Liability, Disputes, Governing Law, Miscellaneous, and any other provisions that by their nature are meant to survive termination of the Services.

Changes

We may modify these Terms at any time. For example, we may update Terms (1) to reflect changes in our Services or how we do business — for example, when we add new features or benefits to our Services (or remove old ones); (2) for legal, regulatory, or security reasons; or (3) to prevent fraud, abuse or harm. If we change these Terms in a way that materially affects your rights and obligations, we'll provide you with reasonable advance notice to the extent legally necessary.

By accessing the Services, you agree to be bound by these Terms. If any change to these Terms is not acceptable to you, your sole remedy is to cease using the Services. If you don't agree to the new Terms, you should stop using the Services. You can also end your relationship with us at any time by closing your account.

Legal Notices and Electronic Communications

Except if we specifically indicate otherwise, any notices you send to us must be sent to:

By email to: [email protected].

By mail to:

Bovitz, Inc.
Attn: Forthright Legal
3110 Pennsylvania Avenue
Santa Monica, CA 90404

In the case of notices we send to you, you consent to receive notices and other communications by our: (i) posting notices on or with the Services; (ii) sending you an email at the email address listed in your account; or (iii) mailing a notice to you at your mailing address listed in your account. You agree that all agreements, notices, disclosures, and other communications that we provide to you in accordance with the prior sentence satisfy any legal requirement that such communications be in writing.

Entire Agreement

These Terms constitute the entire agreement between you and us with respect to use of the Services, and they supersede all prior or contemporaneous communications and proposals, whether electronic, oral, or written.

Contact Us

We strive to promptly respond to communications sent to us. If you have any questions about these Terms, please feel free to reach out to us at [email protected].

Privacy Notice for Bovitz, Inc.

("Forthright Privacy Notice")

Thank you for your interest in Bovitz, Inc.'s Forthright ("Forthright") website and consumer research and engagement services (collectively, the "Services"). Forthright values and is committed to protecting your privacy. This Privacy Notice provides information about how we collect, use, and share (collectively, "process") your personal data and about your privacy rights when you use the Services. Personal data means any information that can identify or be linked to you. It does not include data where identifying information has been removed, such as data that is aggregated, anonymized or de-identified. This Privacy Notice is part of and incorporated into our Terms of Service.

You can quickly read about specific topics in this Privacy Notice by clicking on the links under the "Table of Contents" that follow the "Summary of Key Points" immediately below. Please note that the Key Points touch on only some aspects of our processing activities. We strongly encourage you to review the entire Privacy Notice, so you have a full understanding of what is happening with your personal data. If you do not agree with our practices, please do not use our website or join our panel.

If you do not understand something or have questions, please contact us at [email protected].

Summary of Key Points

What personal data do we process?

We process your personal data when you use our website to learn about consumer research and engagement projects ("Projects") or if you contact us. We process personal data you give us, as well as personal data collected through cookies and web requests and from third-party public sources.

If you join our Forthright panel, we will also process your personal data in connection with maintaining the panel to support the Projects. We typically act as a processor for our clients who engage us to process your personal data on their behalf for their Projects ("Client Projects") that you have agreed to participate in through your panel membership, but sometimes we also process your personal data for our own Projects ("Forthright Projects"). If you participate in a Forthright Project, we may provide you with an additional privacy notice that describes different or additional ways that we process your personal data for that Forthright Project.

As a panel member, you also may have opportunities to participate in independent Projects that are sponsored by third parties who are not our clients ("Third-party Projects").

This Privacy Notice does not apply to the privacy policies and practices of our clients with respect to their Client Projects or to the privacy policies and practices of sponsors of Third-party Projects. They have independent obligations regarding your personal data and are responsible for their own policies and practices and for providing their own privacy notices in connection with their Projects.

The Services are not intended for use by anyone who is under 16 years old and therefore anyone who is under 16 may not use our Services or provide us with personal data.

Do we process any sensitive personal data?

Yes. We process sensitive personal data you provide us either as part of your panel membership account or when you respond to questions for a Project.

Do we receive any personal data from third parties?

Yes. We process personal data from publicly available sources as part of our security and fraud prevention measures.

Why do we process your personal data?

We process your personal data to improve your experience on our website, to communicate with you, to manage your panel membership and your rewards and to facilitate your participation in Projects and sweepstakes, if applicable. We also process your personal data for security and fraud prevention, for business operations and business transactions, and to comply with law. We may also process your personal data for other purposes with your consent.

Do we share personal data?

Yes. We may share personal data in certain situations and with third parties for the purposes outlined in this Privacy Notice.

How do we protect your personal data?

We have reasonable and appropriate organizational and technical policies and procedures in place to protect your personal data. However, no information technology or electronic transmission over the internet can be guaranteed to be 100% secure. This means that we cannot promise or guarantee protection from cybercriminals or other unauthorized third parties who may be able to improperly collect, access, steal, or modify your personal data.

How long do we keep your personal data?

We will keep your personal data only as directed by the client for Client Projects, or for as long as necessary to fulfill the purposes for which we collected it, including for the purposes of satisfying any legal, contractual, compliance or reporting requirements of our own or of the client in connection with a Client Project.

What are your rights?

Depending on where you reside, the application of the law to the processing of your personal data, and the privacy rights requirements of applicable privacy law, you may have certain rights regarding your personal data. These rights may include, for example, the right to access, correct or delete personal data.

How do you exercise your rights?

The easiest way to exercise your rights is by contacting us at [email protected]. We will review and act upon your request in accordance with applicable law, or we may refer you to the relevant client responsible for responding to your request.

1. What This Privacy Notice Covers
2. No Processing of Personal Data of Children Under 16 Years Old
3. What Happens If You Don't Provide Personal Data
4. What Personal Data We Process
5. Special Category (Or Sensitive) Personal Data
6. How We Collect Your Personal Data
7. Why We Process Your Personal Data
8. How We Share Your Personal Data
9. How We Protect Your Personal Data
10. How Long We Keep Your Personal Data
11. Your Rights Concerning Your Personal Data
12. Notice of Processing for Rewards and Giveaways (Financial Incentives)
13. Links
14. Do Not Track
15. Changes to This Privacy Notice
16. Contact Details

1. What This Privacy Notice Covers

Forthright has different roles when it comes to processing your personal data. Sometimes it acts as a data controller and other times it acts as a data processor. This Privacy Notice applies when Forthright acts as a data controller of your personal data. When we are the data controller, we are responsible for deciding how your personal data may be processed. We are the controller when we collect personal data through our first-party website cookies or when you contact us and provide us with personal data; when we process your personal data to set up and manage your panel membership; when we give you opportunities to participate in Projects; when we manage rewards/sweepstakes offers; and when we process your personal data for Forthright Projects. If you participate in a Forthright Project, we may provide you with an additional privacy notice that describes different or additional ways that we process your personal data for that Forthright Project.

We also act as a processor for our clients, meaning that we process personal data on their behalf for Client Projects. Clients are data controllers of their Client Projects.

As a panel member, you also may have opportunities to participate in independent Third-party Projects sponsored by third parties where we do not act either as a controller or as a processor. The sponsors are data controllers of their Third-party Projects. This Privacy Notice does not apply to the privacy policies and practices of our clients or sponsors of Third-party Projects. They have independent obligations as the controller of your personal data and are responsible for their own policies and practices and for providing their own privacy notices in connection with their Projects.

2. No Processing of Personal Data of Children Under 16 Years Old

Forthright permits only individuals who are 16 and older to maintain an account and be a member of our panel. We accordingly do not allow processing of, nor intend to process, personal data of individuals who are under 16. If you are under 16, you may not use this website, become a member of Forthright or provide us with any personal data. If you are aware of any person under 16 who has provided us with personal data, please contact us immediately at [email protected].

3. What Happens If You Don't Provide Personal Data

If you want to set up an account and become a member of our panel you will need to share personal data necessary to set up and manage your account and membership. If you do create an account, you have the right to refuse to participate in any Project and to refuse to answer any questions in a Project, without needing to provide a reason. Your participation is completely voluntary. However, if you don't want to provide personal data that is necessary for the Project, you won't be able to participate. Additionally, if any rewards or giveaways are associated with the Project, and you do not complete the Project or answer all the questions, you may not be eligible for the rewards or giveaways.

4. What Personal Data We Process

We process personal data that you provide to us when you communicate with us or sign up for an account. We also process personal data collected in connection with a Project you choose to participate in or personal data that we receive about you from other sources, as described in this Privacy Notice.

The types of personal data that we collect for Projects cover a broad range of topics and will vary according to the reasons for the specific Project.

We process the following types of personal data:

When you use our website or communicate with us--

Any personal data you voluntarily share in your communications with us and technical data collected through cookies and web requests such as browser type and IP address. See our Cookie Policy for more information.

When you sign up for a Forthright membership account--

Name, home address, and contact details such as telephone number and email address, and contact preferences;
Demographic data such as gender, biological sex, age (or age range), employment status, country and region/state of residence, and professional details such as job, areas of expertise, and professional experience;
Personal and household information on patterns, habits, and interests;
Technical data collected through cookies and web requests, such as browser type, device attributes and IP address. See our Cookie Policy for more information;
A Forthright internal panel identification number created, and assigned to you, by Forthright ("Panelist ID");
Payment and related details for processing rewards and giveaways, if applicable;
Fraud profile data linked to IP addresses and email addresses associated with member accounts.

When you participate in a Project--

Demographic data such as gender, biological sex, age (or age range), employment status, country and region/state of residence, and (for certain groups of respondents) professional details such as job title, areas of expertise, and professional experience;
If relevant to the objective of the Project, "special category" (or "sensitive") data such as ethnicity, race, sexual orientation/sex life, political views and affiliations, health data, union membership religious or philosophical beliefs;
Personal views and opinions on products, markets, brands and other commercial matters, and on public policy and socio-economic issues, as well as personal and household information on patterns, habits, and interests;
Technical data collected through cookies and web requests, such as browser type, device attributes and IP address, and survey start and stop times, if surveys are completed electronically. See our Cookie Policy for more information;
A unique identification number created, and assigned to you, by Forthright when you access a Project invitation that we have made available to you ("Respondent ID");
Fraud profile data linked to IP addresses and email addresses associated with member accounts.

5. Special Category (Or Sensitive) Personal Data

In some cases, as noted above, we will process "special category" or "sensitive" personal data, such as ethnicity, health information, religious beliefs, or sexual orientation, for a specific Project consistent with this Privacy Notice. This personal data may be collected to analyze Project responses in connection with these special categories, but only where the analysis is relevant to the objectives of the study.

We do not sell sensitive personal data to third parties but do receive payment from (i) clients for our services that involve the processing of personal data (including sensitive personal data) for Client Projects and (ii) third parties in connection with Third-party Projects you access and complete. While we do not dictate the content of Client Projects or Third-party Projects, these Projects could potentially involve questions that concern sensitive personal data.

6. How We Collect Your Personal Data

We collect your personal data from the following sources:

You
Your devices using cookies and technical information received in web requests. See our Cookie Policy for more information.
Service providers who may review publicly available information about you for fraud and compliance checks to help preserve the integrity of our services and panel.

For some Projects, we may engage a delivery partner ("Delivery Partner") who may act as our service provider by handling Project participant identification and recruitment, collection and analysis of responses, and dissemination of rewards and giveaways (if applicable). In these cases, the Delivery Partner may contact you to invite you to participate in the Project and provide you with information regarding the Project.

Some Projects are a collaboration between us and our Delivery Partners. Where we conduct the Project in collaboration with a Delivery Partner (whether on behalf of a client or on our own behalf for our own Projects), either we or the Delivery Partner may conduct the identification, recruitment, data collection, data analysis, and respondent reimbursement or dissemination of rewards and giveaways (if applicable). Both we and the Delivery Partner will maintain the personal data pertinent to our respective responsibilities in the Project.

Your personal data may be collected in various formats, including online surveys, apps or other digital tools, email surveys, paper-based surveys, recorded telephone interviews, recorded (video or audio) face-to-face interviews, and other formats. The collection could take place online, at your place of work or home, in our offices or in a neutral facility.

7. Why We Process Your Personal Data

We process your personal data to facilitate your use of our website and to set up and manage your Forthright member account.

We also process your personal data for specific Projects, as described further below.

We (or our service providers or Delivery Partners) maintain your personal data to request your participation in a Project; to communicate with you about the Project; and to process rewards and giveways, if applicable.
We use your demographic information to ensure you meet the market research enrollment criteria or to determine if there are differences in responses from different types of respondents.
We analyze and evaluate your responses to Project questions to fulfill Project purposes, such as to understand needs, preferences, opinions or experience regarding a product, service, public policy or socio-economic issue, or to better understand trends, public policy and socio-economic issues, future opportunities in a market, or to monitor market performance.

Additionally, we process your personal data for the following purposes:

as required by law including, but not limited to, complying with a subpoena or other legal process, regulatory requirement, judicial proceeding, or court order served on us, or to comply with government reporting obligations; and
asserting legal claims and defenses in legal disputes and to address contractual obligations;
when we believe in good faith that disclosure is necessary to detect, prevent, or respond to fraud or violations of law; for corporate audits; to investigate or respond to a complaint or security threat; and connection with other bonafide business administrative, IT, logistical, and compliance activities; and
in connection with the negotiation or completion of a merger, acquisition, partnership, business reorganization, debt financing, insolvency, bankruptcy, receivership, sale of all or a portion of our assets, or other similar business transaction;
to create de-identified, anonymized or aggregate data. This type of data is not considered personal data and may be used and shared for various purposes in our discretion, in accordance with applicable law.

9. How We Protect Your Personal Data

10. How Long We Keep Your Personal Data

We will keep your personal data only as directed by the client when we process your personal data for Client Projects and otherwise for as long as necessary to fulfill the purposes for which we collected it, including for the purposes of satisfying any legal, contractual, compliance or reporting requirements of our own or of the client who sponsored the Client Project.

11. Your Rights Concerning Your Personal Data

Under certain circumstances, depending on where you reside, the application of the law to the processing of your personal data, and the privacy rights requirements of applicable privacy law, you may have certain rights regarding your personal data. You may have the right to:

Request access to your personal data. This enables you to receive information about or a copy of the personal data that is being processed.
Request correction of your personal data. This enables you to have any incomplete or inaccurate data corrected.
Request erasure of your personal data. This enables you to ask to delete or remove personal data where there is not a lawful reason for continuing to process it.
Request data portability (transfer) of your personal data to another party.
Request that we do not sell personal data we have collected or will collect about you in the future.
Request that we limit the use or disclosure of your sensitive personal data.
Withdraw consent where we are relying on consent to lawfully process your personal data. However, this will not affect the lawfulness of any processing carried out before you withdraw your consent.

Under the California Shine the Light Act, if you reside in California, you also have the right in some cases to receive the categories of personal data disclosed to third parties for their direct marketing purposes and the identity of those third parties; however, we do not provide your personal data to third parties for their direct marketing purposes.

Note that these rights may not apply in all cases and could be subject to limitations. Where our client has the legal obligation to address these rights, we may need to direct you to the client to facilitate your request or we may assist the client in addressing your request. If you wish to exercise your rights, please contact us in writing using the contact details provided at the end of this Privacy Notice.

12. Notice of Fees and Processing for Rewards and Giveaways (Financial Incentives)

We do not sell personal data to third parties, but do receive payment from (i) clients for our services that involve the processing of personal data for Client Projects and (ii) third parties in connection with Third-party Projects that you access and complete.

We do not maintain a price or service differential in connection with your participation in our panel or Projects, but do offer rewards and giveaway incentives.

Panel members receive certain rewards and are automatically entered into giveaways for completing certain actions, such as completing surveys and other engagement activities in connection with a Project, as described in the Forthright Terms of Service. If you withdraw your consent to process your personal data where consent is required to process your personal data, or request deletion of your personal data, you may forfeit any unused rewards and giveaway opportunities. You also will not receive any future rewards and giveaways because we need to be able to process your personal data to give you the rewards and giveaways.

The categories of personal data processed in connection with rewards and giveaways are:

Name, home address, and contact details such as telephone number and email address;
Technical data collected through cookies and web requests (Cookie Policy), such as browser type and IP address;
Your Panelist ID;
Your Respondent ID(s);
Projects completed;
Fraud profile data linked to IP addresses and email address.

13. Notice Regarding De-Identified Information

If we receive de-identified information from a third party that is derived from personal data about an individual, we take reasonable steps to ensure that the information cannot be associated with the individual or that individual's household.

We commit to maintain and use the information in de-identified form and not attempt to re-identify the information, consistent with our contractual and legal obligations.

14. Links

This website may contain links to other third-party websites. Please be aware that we are not responsible for the practices of third parties and their websites. This Privacy Notice applies only to personal data we process as a data controller. We encourage you to read and understand the privacy policies of other websites you link to from our website or otherwise visit.

15. Do Not Track

Do Not Track ("DNT") is a privacy preference that you can set in your web browser. When you turn on DNT, the browser sends a message to websites requesting that they do not track you. We do not currently respond to these signals.

16. Changes to This Privacy Notice

We may revise this Privacy Notice from time to time. If we decide to change this Privacy Notice, we will post the revised Privacy Notice on our website. If changes materially affect your rights under this Privacy Notice, we may send the updated Privacy Notice to you and either seek your consent or give you the right to opt out of our use of your personal data in accordance with the revised Privacy Notice and applicable law, if required. Our privacy practices will be based on the Privacy Notice in effect at the time the personal data is processed.

17. Contact Details

If you have any questions about this Privacy Notice or how we handle your personal data, including any requests to exercise your other rights, please contact us using the information below.

Email address: [email protected]

Postal address:
3110 Pennsylvania Avenue
Santa Monica, CA 90404
Telephone number: 818.806.0800