CCPA Notice

Effective Date:  January 1, 2020

This CCPA Notice supplements the information contained in the UserTesting Privacy Policy as well as other agreements you have with UserTesting, such as the UserTesting Contributor Terms of Service and Customer Terms of Service. It applies to visitors, contributors, customers and users of UserTesting’s Platform and Services who reside in the State of California. Any terms we use in this notice that aren’t defined here will have the meanings we give them in those agreements.

The California Consumer Privacy Act (CCPA) is a privacy law that provides a variety of privacy rights to California consumers. The law includes a provision that gives California residents the right to opt out of the "sale" of their "personal information" through a prominent link that says "Do Not Sell My Personal Information" on the "selling" party’s homepage. The CCPA includes certain exceptions to the definition of "sale", including transfers to "service providers".

This Notice provides California consumers with additional information about our collection and use of your Personal Information.

Information we collect and ways we may use it

Through our Site, Platform and Services, we collect information that can be used to identify or describe you or that could reasonably be linked, directly or indirectly, with a particular consumer or device as defined in the CCPA (“Personal Information”). 

Collection

As explained in more detail in our Privacy Policy, UserTesting obtains Personal Information from the following categories of sources:

  • Directly from you
    • For example, when you sign up to receive information from UserTesting, to register an account with UserTesting or to use our Platform or Services; and
  • Indirectly through other sources
    • For example, from observing your actions on our Site, including by the use of cookies, or from third parties.

Uses

The purposes for which we use the Personal Data we collect are set out in our Privacy Policy. We refer to them as the Legitimate Business Purposes in our Privacy Policy and in this Notice.

Examples

For example, we collect the following categories of Personal Information from California consumers. 

  • Information that can be used to identify you (“Identifiers”)
    • Examples include: a real name, unique personal identifier, online identifier, Internet Protocol address, email address, account name
    • Uses: We use Identifiers for all of our Legitimate Business Purposes.
  • Personal Information categories listed in the California Customer Records statute (Cal. Civ. Code § 1798.80(e))
    • Examples include: a name, signature, address, telephone number, employment
    • Uses: We use this category of information to provide you access to and use of the Platform and Services, to improve and enhance your experience with the Platform and Services, and to understand how you access, use and interact with the Platform and Services in order to provide technical functionality, develop new products and services, and analyze your use of them.
  • Protected classification characteristics under California or federal law
    • Examples include: birth year, gender
    • Uses: We use this category of information to improve and enhance your experience with the Platform and Services, and to understand how you access, use and interact with the Platform and Services in order to provide technical functionality, develop new products and services, and analyze your use of them.
  • Commercial information
    • Examples include: records of products purchased or considered, or other purchasing or consuming histories or tendencies
    • Uses: We use this category of information to receive and make payments, to improve and enhance your experience with the Platform and Services, and to understand how you access, use and interact with the Platform and Services in order to provide technical functionality, develop new products and services, and analyze your use of them.
  • Internet or other similar network activity
    • Examples include: browsing history, information on a consumer’s interaction with a website or application
    • Uses: We use this category of information to improve and enhance your experience with the Platform and Services, and to understand how you access, use and interact with the Platform and Services in order to provide technical functionality, develop new products and services, and analyze your use of them.
  • Geolocation data
    • Examples include: physical location or movements.
    • Uses: We use this category of information to protect against fraud and to provide technical functionality.
  • Sensory data
    • Examples include: video and audio recordings, including capturing your face, voice, activity on your screen and devices, and other visual information
    • Uses: We use this category of information to provide you access to and use of the Platform and Services, to improve and enhance your experience with the Platform and Services, and to understand how you access, use and interact with the Platform and Services in order to provide technical functionality, develop new products and services, and analyze your use of them.

UserTesting will not collect additional categories of Personal Information or use the Personal Information we collected for materially different, unrelated, or incompatible purposes without providing you notice.

Sharing Personal Information

UserTesting may share your Personal Information with a third party for a Legitimate Business Purpose. When we disclose Personal Information for a Legitimate Business Purpose, we enter a contract that describes the purpose and requires the recipient to both keep that Personal Information confidential and not use it for any purpose except performing the services for us. 

We disclose your Personal Information for a Legitimate Business Purpose to the following categories of third parties:

  • Companies that perform tasks to help us provide the following Services: hosting service providers, user engagement and customer support providers, job application service providers, payment service providers, communication tools, and analytics tools; and
  • Professional service providers, such as auditors, lawyers, consultants, accountants and insurers.

More information about how we share Personal Information can be found in our Privacy Policy.

Sale of Personal Information 

In the preceding twelve (12) months, UserTesting has not sold any Personal Information as contemplated under the CCPA.

Your Rights and Choices 

The CCPA provides California Consumers with specific rights regarding their Personal Information. This section describes your CCPA rights and explains how to exercise those rights.

Access to Specific Information and Data Portability Rights

You have the right to request that UserTesting disclose certain information to you about our collection and use of your Personal Information over the past 12 months. Once we receive and confirm your verifiable consumer request (see Exercising Access, Data Portability, and Deletion Rights), we will disclose to you:

  • The categories of Personal Information we collected about you.
  • The categories of sources for the Personal Information we collected about you.
  • Our Legitimate Business Purpose for collecting or selling that Personal Information.
  • The categories of third parties with whom we share that Personal Information.
  • The specific pieces of Personal Information we collected about you (also called a data portability request).
  • If we sold or disclosed your Personal Information for a Legitimate Business Purpose, two separate lists disclosing:
    • sales, identifying the Personal Information categories that each category of recipient purchased; and
    • disclosures for a Legitimate Business Purpose, identifying the Personal Information categories that each category of recipient obtained.

Deletion Request Rights 

You have the right to request that UserTesting delete any of your Personal Information that we collected from you and retained, subject to certain exceptions. Once we receive and confirm your verifiable consumer request, we will delete (and direct our service providers to delete) your Personal Information from our records, unless an exception applies.

We may deny your deletion request if retaining the information is necessary for us or our service provider(s) to:

  1. Complete the transaction for which we collected the Personal Information, provide a good or service that our customers purchase or request, take actions reasonably anticipated within the context of our ongoing business relationship with you, or otherwise perform our contract with you.
  2. Detect security incidents, protect against malicious, deceptive, fraudulent, or illegal activity, or prosecute those responsible for such activities.
  3. Debug products to identify and repair errors that impair existing intended functionality.
  4. Exercise free speech, ensure the right of another consumer to exercise their free speech rights, or exercise another right provided for by law.
  5. Comply with the California Electronic Communications Privacy Act (Cal. Penal Code § 1546 et. seq.).
  6. Engage in public or peer-reviewed scientific, historical, or statistical research in the public interest that adheres to all other applicable ethics and privacy laws, when the information’s deletion may likely render impossible or seriously impair the research’s achievement, if you previously provided informed consent.
  7. Enable solely internal uses that are reasonably aligned with consumer expectations based on your relationship with us.
  8. Comply with a legal obligation.
  9. Make other internal and lawful uses of that information that are compatible with the context in which you provided it.

Exercising Access, Data Portability, and Deletion Rights

To exercise the access, data portability, and deletion rights described above, please submit a verifiable consumer request to us by either:

  • Calling us at 1 (888) 877‒1882
  • Filling out the form here.

Only you, or a person registered with the California Secretary of State that you authorize to act on your behalf, may make a verifiable consumer request related to your Personal Information. You may also make a verifiable consumer request on behalf of your minor child.

You may only make a verifiable consumer request for access or data portability twice within a 12-month period. The verifiable consumer request must:

  • Provide sufficient information that allows us to reasonably verify you are the person about whom we collected Personal Information or an authorized representative. 
  • Describe your request with sufficient detail that allows us to properly understand, evaluate, and respond to it.

We cannot respond to your request or provide you with Personal Information if we cannot verify your identity or authority to make the request and confirm the Personal Information relates to you.

Making a verifiable consumer request does not require you to create an account with us. We will only use Personal Information provided in a verifiable consumer request to verify the requestor’s identity or authority to make the request.

Response Timing and Format

We endeavor to respond to a verifiable consumer request within forty-five (45) days of its receipt. If we require more time (up to 90 days), we will inform you of the reason and extension period in writing.

We will deliver our written response by mail or electronically.

Any disclosures we provide will only cover the 12-month period preceding the verifiable consumer request’s receipt. The response we provide will also explain the reasons we cannot comply with a request, if applicable. For data portability requests, we will select a format to provide your Personal Information that is readily useable and should allow you to transmit the information from one entity to another entity without hindrance.

We do not charge a fee to process or respond to your verifiable consumer request unless it is excessive, repetitive, or manifestly unfounded. If we determine that the request warrants a fee, we will tell you why we made that decision and provide you with a cost estimate before completing your request.

Contact Us

If you have any questions or comments about this notice, the ways in which UserTesting collects and uses your information described below and in this CCPA Notice, your choices and rights regarding such use, or wish to exercise your rights under California law, please do not hesitate to contact us at privacy@usertesting.com.

USER TESTING INC.

660 4th Street #246 San Francisco CA 94107 

Attn: Office of the General Counsel

 

Updated April 11, 2022