Review User Testing Document Offering Platform Services

[KC-skc]

Overview

We need to review this document from User Testing and list any and all concerning portions to determine whether this form offering the platform as a donation should be considered for use at HfLA.

Action Items

• [x] Open document from resource below
• [x] Note all concerning portions by adding a comment for each to this issue with a quote of passage (e.g., requesting access to files, forms, etc.) for review
• [x] Follow any URLs to other documents (e.g., terms of service) that the contract is requiring us to be bound by or agree to.

Resources/Instructions

User Testing One World Complementary Subscription

[KC-skc]

Reference to use of "user test videos" with "Customer's prior written consent" in form:

In exchange for being a recipient of a OneWorld subscription, UserTesting may, with Customer’s prior written consent, which shall not unreasonably withheld, use Customer’s name, logo, User Test videos, and related stories for its own business purposes, including but not limited to, marketing and promotional materials.

https://drive.google.com/file/d/1WEbu1Rj2X0MskPsOQGNXnbjTzmoqERjk/view

[KC-skc]

What is the privacy policy for "Locally Stored Data"? Is it only used with "customer's prior written consent" as stated in previous comment?

The following will be stored at rest in an Amazon Web Services data center in the United States as of the date US Data is enabled (the “Locally Stored Data”): · Recordings – Video and Audio . Generated Content – Transcripts and Clickstreams UserTesting will continue to store and process the Locally Stored Data, except when at rest, and all other categories of data in accordance with the applicable UserTesting Data Processing Agreement and UserTesting’s Privacy Policy.

https://drive.google.com/file/d/1WEbu1Rj2X0MskPsOQGNXnbjTzmoqERjk/view

[KC-skc]

Note: We will likely be unable to access things through User Testing if subscription expires, unless it is renewed with pay. How likely is it to get a donation of renewed subscription?

Customer shall have access to all Session Units contracted at any point during the Subscription Term until all units are consumed. Unused Products and Services expire at the end of the Subscription Term. Session Units utilized in excess of the Committed Use will be billed to Customer at a rate of USD 10 per Unit, payable in arrears as invoiced.

https://drive.google.com/file/d/1WEbu1Rj2X0MskPsOQGNXnbjTzmoqERjk/view

[KC-skc]

Limits of use:

the number of live UX studies allowed to be conducted by the Customer shall be subject to an average limit of one per day

up to 15 Participants per unmoderated qualitative UX study

a total length of each study not exceeding 20 minutes

Is HfLA getting "Unlimited Full Service"? The form is not clear. The policy states various prices for going over minimum, recruiting certain populations, and etc.

If the Unlimited Full Service Research service is purchased by Customer, UserZoom will... assist Customer with research studies

https://www.usertesting.com/platform/userzoom/fair-usage-policy

[KC-skc]

Data Retention Policy. Just to be aware.

4.5. Data Retention. The Products includes a feature that allows Customer to download Customer Property during the applicable Subscription Term. After expiration or termination of the relevant Order, UserTesting will retain Customer Property for at least: ninety (90) days in relation to the UserZoom platform; or thirty (30) days in relation to the UserZoom Go and/or UserTesting platform; or up to 2 months in relation to the EnjoyHQ platform (please refer to here); (“Retention Period”) and, upon Customer’s written request during this Retention Period, will make available for download Customer Property and Output to Customer.

https://www.usertesting.com/privacy-center/terms-of-use-enterprise-client

[KC-skc]

Privacy policy for data:

6.3. Customer Property. As between the parties, all rights, title and interest in (i) any and all data, files, attachments, text, images, and other content that the Customer or its Users upload or input to the Products and (ii) subject to Section 6.2, the Tests and Output (collectively hereinafter referred to as “Customer Property”) remains the confidential and exclusive property of Customer and/or its licensors from whom Customer has obtained the appropriate rights....

6.4. Feedback and Performance License. Customer hereby grants to UserTesting an irrevocable, royalty-free, non-exclusive, sublicensable, worldwide license to (i) use, copy, and create derivative works of, the Customer Property to perform UserTesting’s obligations under the Agreement...

Customer hereby grants to UserTesting a perpetual, irrevocable, royalty-free, non-exclusive, sub-licensable, worldwide license to: (b) create and make use of analyses using data derived from use of the Products and Services (“Analyses”)... provided that Feedback and Analyses will not identify Customer or Customer Property and will only be used by UserTesting in an anonymized, aggregated manner.

https://www.usertesting.com/privacy-center/terms-of-use-enterprise-client

[KC-skc]

Paused at Section 7 in Terms of Use.

[KC-skc]

Review complete including as cited within the document: https://www.usertesting.com/privacy-center/terms-of-use-enterprise-client https://www.usertesting.com/platform/userzoom/fair-usage-policy

[ExperimentsInHonesty]

@bonniewolfe needs to review and determine if CTS is ok with these requirements.