This Acceptable Use Policy (“AUP”) relates to the use of the Wizu service provided by Fusion Software Limited and in particular describes certain uses that are not permitted.

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References in this AUP to “you” are to a customer who is a party to an agreement with Fusion Software Limited, and all other users to whom a customer has granted access to all or part of Wizu or any survey, survey reports or results under that agreement, including associate users and survey respondents.

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You are responsible for any breaches of this AUP by anyone using Wizu or participating in a survey with your permission or on an unauthorised basis as a result of you failing to use reasonable security precautions.

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In this AUP, “Survey Data” means the data (including data contained in file attachments) input by a customer, researchers, associate users, survey respondents or any party on their behalf in the course of using Wizu or the software that we have licensed to you.

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1 PROHIBITED USES

You may Wizu only for lawful purposes.  You may not Wizu to engage in or promote illegal, abusive or irresponsible behaviour, including:

• in any way that breaches any applicable local, national or international law, code or regulation, including data protection and privacy laws and laws relating to unsolicited commercial electronic messages;
• in any way that is unlawful or fraudulent, or has any unlawful or fraudulent purpose or effect;
• using an internet account or computer without the owner’s authorisation;
• to gain unauthorised access to or use of data, systems or networks, including any attempt to probe, scan or test the vulnerability of a system or network or to breach security or authentication measures without the express authorisation of the owner of the system or network;
• to introduce intentionally, knowingly or recklessly any virus or other contaminating code into Wizu;
• to collect or use information, including email addresses or other identifiers, by deceit (for example phishing, internet scamming and password robbery);
• to publish a person’s sensitive identifying information against their wishes;
• to use any false, misleading, or deceptive TCP-IP packet header information in an email etc.;
• to use Wizu to distribute or link to software that covertly gathers or transmits information about a user, advertisement delivery software, malware, viruses or other contaminating code;
• for any conduct that is likely to result in retaliation against Wizu or Fusion Software
• to interfere with service to any user of Wizu or any other network including mail bombing, flooding and deliberate attempts to overload a system;
• for action which directly or indirectly results in any of Fusion Software or its affiliates IP space being listed on any abuse database (e.g. Spamhaus).

You agree that we may quarantine or delete any Survey Data stored on Wizu if the Survey Data is infected with a virus, or is otherwise corrupted, and has the potential to infect or corrupt Wizu systems or other data stored on Wizu systems.

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2 OFFENSIVE CONTENT

You may not publish, transmit or store on or via Wizu any content or links to content that we reasonably believe is unlawful, harmful, threatening, obscene, harassing, offensive or which is otherwise malicious, fraudulent or morally unacceptable, including any content which:

• facilitates illegal activity;
• depicts sexually explicit images;
• exploits minors;
• is excessively violent, incites or threatens violence, or contains harassing content or hate speech;
• creates a risk to a person’s safety or health, or public safety or health, compromises national security or interferes with an investigation by law enforcement authorities;
• is discriminatory in any way, including discrimination based on race, ethnicity, gender, colour, age, religious belief, sexual orientation or disability;
• is unfair or deceptive under the consumer protection laws of any applicable jurisdiction;
• is defamatory or violates a person’s privacy.

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3 INTELLECTUAL PROPERTY RIGHTS

You must ensure that you have the right to use all content in your surveys.

You may not use Wizu:

• in any manner which infringes any copyright, patent, trade mark, design or other intellectual property right;
• to publish content intended to assist others in defeating technical copyright protections;
• to publish another person’s trade secrets, or other proprietary or confidential information.

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4 EMAIL REQUIREMENTS, PRIVACY AND COOKIES

You may only use Wizu to send the following categories of email:

• emails inviting survey respondents to participate in surveys hosted on Wizu and reminder emails;
• emails that are automatically generated on completion of  a survey by a respondent;
• emails notifying authorised individuals that survey reports or results are available to view or which deliver the survey reports or results to those individuals.
• You must comply with all laws relating to the sending of unsolicited emails (for example the UK Privacy and Electronic Communications (EC Directive) Regulations 2003 and the US CAN-SPAM Act of 2003) that are applicable to your use of Wizu.

As data controller for the Survey Data, you are responsible for ensuring that survey respondents understand how their personal data will be used and who it will be shared with. We recommend that you include a link to your privacy policy either at the beginning of your survey or in the invitation email to your survey. We also encourage you to include a link to the Wizu Privacy Policy, available at https://www.wizu.com/privacy , as your data processor.

Wizu may contain notifications regarding the use of cookies. You may not override such notifications if your use of Wizu involves use of the relevant cookies.

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5 EXCESSIVE USE

You may not use Wizu in a manner which unnecessarily interferes with the normal operation of Wizu, or consumes a disproportionate share of the resources of Wizu systems. Such usage may affect the speed, responsiveness, stability, availability or functionality of Wizu for other users.

We will attempt to notify you of any such excessive use to provide you with the opportunity to reduce it to a level which is acceptable to us.

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6 NO HIGH RISK USE

You may not use Wizu in any situation where failure or fault of Wizu could lead to death or serious bodily injury of any person, or to physical or environmental damage. For example, you may not use, or permit any other person to use, Wizu in connection with aircraft or other modes of human mass transportation, nuclear or chemical facilities, or medical life support devices.

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7 PROTECTED HEALTH INFORMATION

You may not use Wizu to handle ‘protected health information’ as described under the U.S. Health Insurance Portability and Accountability Act of 1996 (also known as HIPAA), or any other local, national or international law, code or regulation which imposes any additional obligations on us as a result of the handling of such information. If you are in any doubt, please check with us first.

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8 VULNERABILITY TESTING

You may not attempt to probe, scan, penetrate or test the vulnerability of Fusion Software's systems or networks, or the systems and networks of its hosting provider(s), or to breach their security or authentication measures, whether by passive or intrusive techniques.

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9 CHANGES TO THIS AUP

We may change this AUP on giving notice by email to you or by posting a notice on the homepage of our website, https://www.wizu.com. The revised AUP will take effect for all users 14 days after that posting.

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10 SUSPENSION AND TERMINATION

Although we do not intend to actively monitor your use of Wizu, we may take such actions as we deem appropriate if we become aware of a breach of this AUP.

If you breach the AUP we may suspend or terminate your use of Wizu or any software that we have licensed to you. We may block any content or traffic and disable your access to any material that breaches this AUP. We may also disclose such information to law enforcement authorities as we reasonably feel is necessary in the circumstances.

Fusion Software Limited

Website: www.wizu.com

Last Updated November 2020