Privacy Policy

Privacy Policy and Terms of Use

Mercury Opinion has created this Privacy Policy and Terms of Use to explain how you may use the information contained on our website, which includes, for purposes of the Privacy Policy and Terms of Use, using our mobile texts function and our applications, including applications on third-party sites or platforms such as social networking sites, and to explain how we use information that you may provide while visiting our website.

PRIVACY POLICY

Mercury Opinion is committed to Internet privacy as demonstrated by the policies set forth herein. Please recognize that Mercury Opinion may modify these policies from time to time, so we encourage you to check this page each time you revisit one of our website. Your continued use of our website following any changes to this Privacy Policy will constitute your acceptance of such changes. The date of the latest revision will be listed below so you will know if the policies have changed since you last accessed our website.

Your use of a Mercury Opinion website indicates your acceptance to be bound by the provisions of the Privacy Policy and the Terms of Use in effect as of the date of your use. If you do not accept these terms, do not use our website.

Website Usage; Information Collection

When you visit Mercury Opinion’s website, we automatically obtain information about your usage. We use this information on an aggregate basis to gather data about activity on our website, which we use to improve the usefulness of our website. We do not use this information on any kind of individual basis. We do not collect or store personally identifiable information, such as your name, mailing address, e-mail address or phone number, unless you provide that information.

Collection of Personally Identifiable Information

Mercury Opinion may provide opportunities for you to provide your contact information in order to engage in Mercury Opinion activities such as taking a survey or public opinion poll or receiving a survey incentive. Any information we collect, such as your name, mailing address, e-mail address, the type of request you are making and any additional information you provide, is collected and stored by Mercury Opinion. The information is used to fulfill your request and track aggregate information about usage of these features.

Mercury Opinion makes every effort to ensure the secure collection and transmission of your sensitive information using industry accepted data collection and encryption methodologies, such as SSL (Secure Sockets Layer).

Mercury Opinion does not sell your personal information to any third party.

Cookies

A cookie is a piece of data that is stored on a user’s hard drive that contains information about that user. Mercury Opinion uses cookies to prepopulate data that you have previously supplied on our website so that you do not need to reenter such information. We also use cookies to measure aggregate web statistics, such as collecting the number of users to our sites, the number of repeat users, and the most popular webpages. We do not use cookies to track user activity on an individual basis.

Mercury Opinion’s Sharing and Use of Personally Identifiable Information

The personal information that we collect on the website helps us efficiently and effectively understand key issues and trends in America. Additionally, subject to applicable law, we may share any of the personal information that we collect about you with certain third parties that provide fulfillment of survey incentives.

We may use your e-mail address to communicate with you about surveys, our activities, and other offerings, unless you opt-out from receiving such messages. We will also use your e-mail address for administrative purposes, such as notifying you of major website changes, sending messages related to actions you have taken on the site, or for customer service purposes. Although we hope you’ll find these communications informative and useful, you may opt out of receiving future information via e-mail by using the unsubscribe procedures described below.

When you send e-mail or other communications to us, we may retain those communications in order to process your inquiries, respond to your requests, and improve our services.

We use both your personally identifying information and certain non-personally-identifying information (such as anonymous usage data, IP addresses, browser type, clickstream data, etc.) to improve the quality of your user experience and the design of the website and to create new features, functionality, and services by storing, tracking, and analyzing user behavior, preferences, trends, and actions.

Opting Out of E-mail Lists

People who subscribe to e-mail lists via the website may receive periodic updates from Mercury Opinion by regular mail or e-mail regarding future surveys they may be requested to participate in or survey incentives. You may opt out of receiving future information via e-mail by using the unsubscribe procedure specified on the e-mail message or by sending an e-mail message with the name of the list you are a member of to: info@mercuryopinion.org

Special Notice to Parents

We want to help you guard your children’s privacy. We encourage you to speak with your children about safe and responsible use of their personal information while using the Internet. Mercury Opinion does not knowingly collect any personally identifiable information from children under thirteen (13). If you have any concerns about any information that your child may have provided to us via one of our websites, please contact us at info@mercuryopinion.org.

Security

Mercury Opinion has security measures in place to protect against the loss, misuse, and alteration of information within our control. These measures include internal reviews of our data collection, storage and processing practices and security measures, as well as physical security measures to guard against unauthorized access to systems where we store personal data. We use Secure Socket Layer (SSL) encryption to protect the transmission of information you submit to use when you use our secure online forms. Please recognize that if you send us an e-mail, the information contained in the e-mail is not secure against interception. So if your communication includes sensitive information, such as your credit card information or Social Security number, and you prefer not to use one of our secure online forms, contact us by mail or by telephone rather than by e-mail.

Corrections/Updating Personal Information

If your personal information changes (such as your ZIP code), or if you wish to have your information removed from our database, contact us and we will endeavor to provide a way to correct, update, or remove that personal data provided to us.

Links to Other Websites

Our websites may contain links to other sites.  Mercury Opinion is not responsible for the privacy practices or the content on such sites. We encourage our users to be aware when they leave our website and to read the privacy policies of each website that they visit that collects personally identifiable information. This Privacy Policy applies only to information collected through one of the Mercury Opinion websites.

This Privacy Policy is made effective as of May 23, 2016.

Terms of Use

By accessing Mercury Opinion’s website, which includes, for purposes of the Terms of Use, using our mobile texts function and our applications, including applications on third-party sites or platforms such as social networking sites, you are indicating your acceptance to be bound by the provisions of these Terms of Use and the Privacy Policy, which is incorporated herein by reference. If you do not accept any of these terms, do not access the site.  Mercury Opinion may, in its sole discretion, revise these Terms of Use at any time by updating this posting. Although we may attempt to notify you when major changes are made to these Terms of Use, you should visit this page periodically to review the most up-to-date Terms of Use because they are binding on you. By continuing to use this website following our posting of such changes, you agree to be bound by the Terms of Use, as modified.

The terms “You” and “User” as used herein refer to all individuals and/or entities accessing this website for any reason.

  1. Eligibility
    By accessing the Mercury Opinion website, you represent and warrant that you are 18 years of age or older, or an emancipated minor, or possess legal parental or guardian consent, and that you have the right, authority, and capacity to agree to and abide by these Terms of Use. In any case, you affirm that you are over the age of 13, as the Mercury Opinion website is not intended for children under 13. You also represent and warrant that you will use the website in a manner consistent with any and all applicable laws and regulations.
  2. Mercury Opinion Permissions and Restrictions
    Mercury Opinion hereby grants you permission to access and use the website as set forth in these Terms of Use, provided that:

(a) You do not collect any personally identifiable information of others, including user names or e-mail addresses, from the website.

(b)  You may not use any Mercury Opinion website in violation of any applicable law or regulation.

(c) You do not use the website for any commercial purposes without the prior written authorization of Mercury Opinion. You agree not to transmit or otherwise make available any unsolicited advertising, promotional information, bulk e-mail, or other solicitation. You agree not to solicit, for commercial purposes, any users of the website with respect to their user comments.

(d) You do not circumvent, disable or otherwise interfere with security-related features of the website or our sites or servers (or networks connected to our website), including, without limitation, the following activities: (i) attempting to probe, scan, or test the vulnerability of a system or network or to breach security or authentication measures without proper authorization; (ii) attempting to interfere with communication to any user, host, or network, including, without limitation, via means of submitting a virus to this or any Mercury Opinion site, overloading, “flooding,” “spamming,” “mailbombing” or ”crashing”; or (iii) transmitting or otherwise making available any content containing any  “virus,” “worm,” or “trojan horse” or any other computer code, file, or program designed to interrupt, destroy, or limit the functionality of any computer software or hardware or telecommunications equipment. Violations of system or network security may result in civil or criminal liability. Mercury Opinion will investigate occurrences that may involve such violations and may involve, and cooperate with, law enforcement authorities in prosecuting users who are involved in such violations.

(e) You do not use or launch any automated system, including without limitation, “robots,” “spiders,” or “offline readers,” that accesses the website in a manner that sends more request messages to Mercury Opinion servers in a given period of time than a human can reasonably produce in the same period by using a conventional online web browser. Notwithstanding the foregoing, Mercury Opinion grants the operators of public search engines permission to use spiders to copy materials from the site for the sole purpose of and solely to the extent necessary for creating publicly available searchable indices of the materials, but not caches or archives of such materials. Mercury Opinion reserves the right to revoke these exceptions either generally or in specific cases.

(f) You do not alter or modify any part of the website.

(g) You do not harass, threaten, embarrass or cause distress, unwanted attention, or discomfort to a person or entity on or through the website or its communication systems.

(h) You do not transmit or otherwise make available on or through the website any content that is unlawful, harmful, threatening, abusive, harassing, defamatory, violent, vulgar, obscene, hateful or racially, ethnically, or otherwise objectionable, or potentially libelous or inflammatory, as solely determined by Mercury Opinion.

(i) Mercury Opinion reserves the right to change or discontinue any aspect of the website at any time, for any reason, and without notice to you.

(j) Mercury Opinion reserves the right to suspend or terminate a user’s access to the website, without prior notice and at Mercury Opinion’s sole discretion.

(k) This list of permissions and restrictions, along with the other terms discussed below, is not intended to be complete, but merely illustrative. We reserve the right in our sole and final judgment to determine whether your conduct violates conduct requirements for the website.

  1. Your Use of Content on the Site

In addition to the restrictions above, the following restrictions and conditions apply specifically to your use of content on Mercury Opinion’s website.

(a) The content on the website (other than your User Content), including, without limitation, the text, software, scripts, graphics, photos, sounds, music, videos, interactive features, and the like (collectively, “Mercury Opinion Content”) is owned by or licensed by Mercury Opinion. Similarly, the trademarks, service marks, and logos contained on the website are owned or licensed by Mercury Opinion. Except as otherwise provided in these Terms of Use, the Mercury Opinion Content and the Mercury Opinion Marks may not be downloaded, copied, reproduced, distributed, transmitted, broadcast, displayed, sold, licensed, or otherwise exploited for any purpose whatsoever without the prior written consent of Mercury Opinion. Mercury Opinion reserves all rights not expressly granted in and to the Mercury Opinion Content and the Mercury Opinion.

(b) The website is made available for your personal, non-commercial use only. As part of such use, you may display, download and/or print pages from the site; you may link to the website; and you may forward website materials to others for personal, non-commercial uses that are reasonably related to the website’s purposes.

(c) You understand that when using the Mercury Opinion website, you will be exposed to Mercury Opinion Content, User Content, and other third-party content from a variety of sources, and that Mercury Opinion makes no warranty about the accuracy, usefulness, safety, or intellectual property rights of or relating to such Mercury Opinion Content, User Content, or other third-party content. You further understand and acknowledge that you may be exposed to User Content that may be inaccurate, offensive, indecent, or objectionable, and you agree to waive, and hereby do waive, any legal or equitable rights or remedies you have or may have against Mercury Opinion with respect thereto.

(d) The website may contain links to third-party websites that are not owned or controlled by Mercury Opinion.  Mercury Opinion has no control over, and assumes no responsibility for, the content, privacy policies or practices of any third-party websites.  We encourage you to be aware when you leave the website and to read the terms and conditions and privacy policy of each other website that you visit.

  1. Digital Millennium Copyright Act

If you are a copyright owner or an agent thereof and believe that any Mercury Opinion Content or User Content infringes upon your copyright, you may submit a notification pursuant to the Digital Millennium Copyright Act (“DMCA”) by providing Mercury Opinion’s Copyright Agent with the following information in writing (see 17 U.S.C § 512(c)(3) for further details):

  • Identification of the copyrighted work claimed to have been infringed;
  • Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled and information reasonably sufficient to permit Mercury Opinion to locate the material;
  • A statement that you have a good-faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent or the law;
  • A statement that the information in the notification is accurate, and under penalty of perjury, that you are, or are authorized to act on behalf of, the owner of an exclusive right that is allegedly infringed;
  • Your name, mailing address, telephone number, and e-mail address; and
  • A physical or electronic signature of the owner of the exclusive right that is allegedly infringed, or that of the person authorized to act on behalf of the owner.

Mercury Opinion’s designated Copyright Agent to receive notifications of claimed infringement is: James Cobb Jr. at info@mercuryopinion.org. You acknowledge that if you fail to comply with all of the above requirements, your DMCA notice may not be valid.

For clarity, only DMCA notices should go to the Copyright Agent.  Please use the Contact Information to address any other feedback, comments, requests for technical support, or other communications with Mercury Opinion.

  1. Disclaimer of Warranty

THIS WEBSITE IS PROVIDED TO YOU “AS IS.”  YOU AGREE THAT YOUR USE OF THE MERCURY OPINION WEBSITE SHALL BE AT YOUR SOLE RISK. TO THE FULLEST EXTENT PERMITTED BY LAW, MERCURY OPINION, AS WELL AS ITS OFFICERS, DIRECTORS, EMPLOYEES AND AGENTS (COLLECTIVELY, THE “PARTIES”), DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, IN CONNECTION WITH THE WEBSITE AND YOUR USE THEREOF. MERCURY OPINION AND THE PARTIES CANNOT AND DO NOT WARRANT THE ACCURACY, COMPLETENESS, CURRENTNESS, NONINFRINGEMENT, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE OF THE WEBSITE’S CONTENT OR THE CONTENT OF ANY WEBSITES LINKED TO THIS WEBSITE. NOR DO THE PARTIES GUARANTEE THAT THE WEBSITE WILL BE ERROR FREE, OR CONTINUOUSLY AVAILABLE, OR THAT THE WEBSITE WILL BE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. THE PARTIES DO NOT WARRANT, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY PRODUCT OR SERVICE PROVIDED, ADVERTISED OR OFFERED BY A THIRD PARTY THROUGH THE MERCURY OPINION WEBSITE OR ANY WEBSITE HYPERLINKED OR FEATURED IN ANY BANNER OR OTHER ADVERTISING.

  1. Limitation on Liability

IN NO EVENT SHALL MERCURY OPINION BE LIABLE TO YOU OR ANYONE ELSE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES WHATSOEVER, WHETHER OR NOT THEY ARE FORESEEABLE, RELATING TO THIS WEBSITE, INCLUDING ANY DAMAGES RESULTING FROM ANY (I) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT; (II) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF OUR WEBSITE; (III) UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN; (IV) INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM OUR WEBSITE; (V) BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE, WHICH MAY BE TRANSMITTED TO OR THROUGH OUR WEBSITE BY ANY THIRD PARTY; AND/OR (VI) ERRORS OR OMISSIONS IN ANY CONTENT OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF YOUR USE OF OR INABILITY TO USE OUR WEBSITES OR ANY CONTENT POSTED, E-MAILED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE MERCURY OPINION WEBSITE, WHETHER BASED ON WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT MERCURY OPINION IS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.  YOU SPECIFICALLY ACKNOWLEDGE THAT MERCURY OPINION SHALL NOT BE LIABLE FOR USER CONTENT OR THE DEFAMATORY, OFFENSIVE, OR ILLEGAL CONDUCT OF ANY THIRD PARTY AND THAT THE RISK OF HARM OR DAMAGE FROM THE FOREGOING RESTS ENTIRELY WITH YOU.  CERTAIN STATE LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. TO THE EXTENT THESE LAWS APPLY TO YOU, SOME OF THE PROVISIONS SET FORTH IN THIS AGREEMENT MAY NOT APPLY.

  1. Indemnity
    You agree to defend, indemnify and hold harmless MERCURY OPINION , from and against any and all claims, damages, obligations, losses, liabilities, costs, or debt and expenses (including, but not limited to, attorney’s fees), of whatever nature, arising from: (i) your use of the MERCURY OPINION website; (ii) your violation of any term of these Terms of Use; (iii) your violation of any third-party right, including without limitation any copyright, property, or privacy right; or (iv) any claim that one of your submissions caused damage to a third party. This defense and indemnification obligation will survive these Terms of Use and your use of the MERCURY OPINION website.
  2. Miscellaneous

These Terms of Use and Privacy Policy shall be governed by the internal substantive laws of Washington, DC, without respect to its conflict of laws principles. Any claim or dispute between you and Mercury Opinion that arises in whole or in part from the Mercury Opinion website shall be decided exclusively by a court of competent jurisdiction located in Washington, DC.

These Terms of Use and Privacy Policy, together with any other legal notices published by Mercury Opinion on the website, shall constitute the entire agreement between you and Mercury Opinion concerning the Mercury Opinion website and supersedes prior agreements, if any, between you and Mercury Opinion relating to any matter dealt with in these Terms of Use and Privacy Policy. If any provision of these Terms of Use or Privacy Policy is deemed invalid by a court of competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions, which shall remain in full force and effect. No waiver of any term of these Terms of Use and Privacy Policy shall be deemed a further or continuing waiver of such term or any other term, and Mercury Opinion’s failure to assert any right or provision under these Terms of Use and Privacy Policy shall not constitute a waiver of such right or provision. These Terms of Use and Privacy Policy, and any rights and licenses granted hereunder, may not be transferred or assigned by you, but may be assigned by Mercury Opinion without restriction. These Terms of Use and Privacy Policy and the rights and obligations created hereunder shall be binding upon and inure solely to the benefits of Mercury Opinion hereto and their respective successors and assigns, and nothing in these Terms of Use and Privacy Policy, express or implied, is intended or should be construed to confer upon any other person any right, remedy or claim under or by virtue of these Terms of Use and Privacy Policy.

You and Mercury Opinion agree that any cause of action arising out of or related to the Mercury Opinion website must commence within one (1) year after the cause of action accrues. Otherwise, such cause of action is permanently barred.

These Terms of Use are made effective as of May 20, 2016.