Website Privacy Statement

In this Web Site Privacy Statement ("statement"), we, MarketTools, Inc., headquartered in San Francisco, California, USA provide information about how we collect, use and transfer personally identifiable data from you, a web site visitor to web sites that we operate (collectively the "site"). The TRUSTe portions of this policy are applicable to ztelligence.com, zoomerang.com, zoompanel.com, customersat.com, truesample.net, and markettools.com only.

Scope
This statement covers only data collected through the site. This statement does not cover any other data collection or processing, including, without limitation, data collection practices of other web pages to which we link or data processing practices of users of our service (e.g., users of our Zoomerang service). When we refer to this statement in notices and consent requests related to surveys, special-purpose web pages or otherwise, this statement applies as modified in the particular notice or consent request (e.g., with respect to types of data collected or purposes of collection).

MarketTools complies with the EU Safe Harbor Certification framework as set forth by the US Department of Commerce that covers personal data collected from or about persons in the European Economic Area.   For more information on the EU Safe Harbor Framework, please visit http://www.export.gov/safeharbor/.

Types of Data and Collection Methods
Through the site, we receive data that you actively submit as well as data that we track:

Actively Submitted Data: When you request information, subscribe to a mailing list or for a service, register as a user, post to one of our forums or communities, send or respond to an online survey or otherwise actively send us data, we usually collect data such as your name, email address(es), telephone number(s), country of residency, and certain information related to the business you represent (if any). In connection with chargeable services, we will also collect payment information (e.g., credit card number and related verification information). In connection with our own surveys, directed at ZoomPanel members, we ask question on the topic of the survey. When your or other website visitors use our tools to send out their own surveys, they decide who to contact and what questions to ask. In each such instance, however, you will know what data we collect through the site, because you actively submit it.

Passively Tracked Data: When you visit the site, we also passively track information on your computer and Internet connection, such as the IP address of your computer and/or Internet service provider, the date and time you access the site, the Internet address of web sites from which you link to our site, the computer technology you are using and your movements and preferences on our site. We use technology that many other web sites employ, including, without limitation, "cookies" or small data files stored on your computer's hard drive, to collect information such as the aforementioned. In some instances, we also use cookies to collect information in connection with future visits from that web site, to recognize you as a previous visitor and to track your activity at our site. You do not need to have cookies turned on to participate in our surveys or to visit our site. You can refuse cookies by turning them off on your browser, but please note that this may adversely affect user experience and convenience.

Combinations: Unless you also actively submit personal information such as your name or address, passively tracked data does not typically allow us to identify you personally (even though it can theoretically be done, we do not try to find out who you are, unless you identify yourself voluntarily through an active submission of data). To the extent permitted by applicable law, we reserve the right to combine passively tracked data or data available via a third party with personal data that you may choose to actively submit. We do this on the www.markettools.com site and for some survey "panels" (which may be deployed on ztelligence.com, Zoomerang.com, or other sites). Specifically if you take surveys from us we will "fingerprint" your system in order to combat fraud. In generating this "fingerprint" we gather only publically available information from your browser; this includes your IP address, browser version, and other identifying information.

Collection Purposes, Use of Data
We collect passively tracked data primarily for purposes of administering, protecting and improving our site and our systems, to better understand the preferences of our site visitors, to compile aggregated statistics about site usage, and to help personalize your experience on our site. We also use cookies and passively tracked data to protect the integrity of surveys, e.g., to prevent survey respondents from responding to the same survey twice.

For some survey panels we will verify the information that you, or a third party, provide us and/or combine the information you provide with information we may gather from additional sources. Verification of personal data may be done on our systems, or done by a third party. If your personal data is provided to us for verification purposes only we will never store any of your personal information on our systems (we store only the result of the verification process).

We collect primarily for two purposes: Firstly, for the purpose for which you originally sent us the data e.g., to confirm your registration for a service, to run a survey, to allow you to run a survey, to bill you for services or to send you information or materials that you requested – for additional information on our services please click here http://www.markettools.com/products/; secondly, for purposes of informing you about products and services; you can opt out of receiving marketing emails as explained below.

Disclosures of Personal Information
We are not in the business of selling or renting your information to telemarketers and do not share your personally identifiable information with others, except as follows:

• We may share your information with affiliated companies for reward redemption and/or other market research opportunities.
• If you use any of our services with a corporate email account (i.e., an account for employees, contractors, etc. as opposed to a personal email account with a general email service provider such as AOL, Hotmail, Yahoo, Gmail, etc.), and such corporation signs up for an enterprise account with us or is considering an enterprise account, we may inform such corporation of your use of our service, so that you can benefit from enterprise pricing and any other benefits negotiated by the corporation for its registered users or otherwise arising from such coordination.
• We also engage agents and service providers who have access to data, but only to process such data on our behalf and for our purposes under confidentiality agreements.
• We may share your information as required by law or in the interest of protecting or exercising our or others' legal rights, e.g., without limitation, in connection with requests from law enforcement officials and in connection with court proceedings.
• We may share or transfer your information in connection with a prospective or actual sale, merger, transfer or other reorganization of all or parts of our business.
• We reserve the right to use and disclose any information collected via the site that is not in personally identifiable form.
• We do not share, sell, rent or trade PII with third parties for their promotional purposes.

Without limiting the generality of the foregoing, note that we will NOT share your identity or your individual responses to surveys that we conduct ourselves with customers who may have commissioned such surveys; we only provide aggregate response data to survey customers. But, as noted in the next following section, we do not control how others may use our tools when they conduct surveys through our website.

Third Party Data Collection Through Our Site
When one of our users deploys our tools to send out survey requests or otherwise to collect data, e.g., through zoomerang.com, such user will receive and process any responses. We will host, but not access such information, except in connection with technical support or with the consent of the user who conducted the survey. We post rules on how our tools should be used, however, we cannot control the data processing practices of our users and we do not assume any responsibility for actions of our users who conduct surveys or of any other third parties.

Tell A Friend
If you choose to use our referral service to tell a friend about our site, we will ask you for your friend's name and email address. We will automatically send your friend a one-time email inviting him or her to visit the site. MarketTools stores this information for the sole purpose of sending this one-time email and tracking the success of our referral program.

Your friend may contact us at privacy@markettools.com to request that we remove this information from our database.

Co-branded Sites
From time to time we may partner with a third parties to provide portions of the site. In the event that you provide personally identifiable information there this privacy policies will continue to apply. You retain full rights to you data and may either contact us at privacy@markettools.com to change or remove your data or alternatively you may ask us for a contact at the third party who can provide this service.

Opt-Out
In connection with promotions or other projects, we may ask you specifically whether you have objections against a certain kind of data use or sharing. If you opt-out under such circumstances, we will respect your decision. To opt-out of receiving further commercial emails, sharing of your information with our affiliates or to unsubscribe from services, please contact us at privacy@markettools.com. Please note that our affiliates and other data recipients have their own data privacy policies, which may differ from ours and you would have to contact them separately with respect to opt-out requests.

Access
If personal information you have submitted through the site is no longer accurate, current, or complete, and you wish to update it, or you wish to delete it, please update your profile on the site (typically www.zoompanel.com) or send an email to privacy@markettools.com. Upon appropriate request we will be glad to update or amend your information within 30 days, but we reserve the right to use information previously obtained to verify your identity or take other actions that we believe are appropriate.

Security
Transmissions over the Internet are never 100% secure or error-free. We do, however, take reasonable steps to protect your personal information from loss, misuse, and unauthorized access, disclosure, alteration and destruction. For example, we encrypt your registration information using secure socket layer technology (SSL). To learn more about SSL follow this link
http://en.wikipedia.org/wiki/Transport_Layer_Security. It is your responsibility to safeguard any password and User ID you use to access the site and to notify us at webmaster@markettools.com if you ever suspect that your password or User ID has been compromised. You are solely responsible for any unauthorized use of the site conducted via your password and User ID.

Children's Privacy.
The site is intended for adults in the United States. We do not intentionally or knowingly collect personally-identifiable information from children under the age of 13 and we request that individuals under the age of 13 not submit any personal information on the site.

Terms of Use
Your use of our site is governed by our Terms of Use, which contain disclaimers, limitations of liability, and a choice of California law and jurisdiction.

Effective Date, Amendments
This statement is effective as of December 10, 2007. We reserve the right to change, modify, supplement or replace all or part of this statement from time to time and in our sole discretion, but will alert you that changes have been made by indicating on the statement the date it was last updated. Before any material changes to this privacy policy we will post a prominent notice on our home page no less than 30 days before these changes go into effect. When you visit the site, you are accepting the current version of this statement as posted on the site at that time. We recommend that users revisit this statement on occasion to learn of any changes.

TRUSTe
We are a participant in the TRUSTe Privacy and EU Safe Harbor programs. TRUSTe is an independent organization whose mission is to build user's trust and confidence in the Internet by promoting the use of fair information practices.

Contact Us
Please feel free to contact us with any comments, questions, complaints or suggestions you might have regarding the information practices described in this statement. You may send us an e-mail at info@markettools.com or MarketTools, Inc., 150 Spear Street, Suite 600, San Francisco, CA 94105. If you do not receive acknowledgement of your inquiry or your inquiry has not been satisfactorily addressed, you can also contact TRUSTe at http://www.truste.org/consumers/watchdog_complaint.php. TRUSTe will then serve as a liaison with us to resolve your concerns. TRUSTe will act as a liaison for any complaints arising from markettools.com, zTelligence.com, Zoomerang.com, or Zoompanel.com.