Last updated: June 5th 2023.
We are committed to making your information secure and putting you in control of your data. This privacy section discusses what Personal Data we collect, how it is used, and what you can do to update, manage and delete it. It is meant to help you better control your data and manage your privacy.
ClearSwell LLC (“Company”, “we”, or “us”), located at 1155 N Cedar St, Glendale CA 91207 in the United States, is the operator of Subo the survey bot, along with our associated websites and services (collectively, “sites”). We provide Software-as-a-Service (SaaS) and market research services (“Services”) to our customers and clients (“Customers”), including online surveys and focus groups (“Surveys”) where you can answer questions from our Customers.
We may disclose your information to affiliates within Subo for customer support, marketing, technical operations, and account management purposes.
We operate an online survey platform, through which Discord server owners and the server members they authorize (“creators”) can conduct surveys among members of their server. Creators create a survey questionnaire and set targeting criteria. We distribute the survey to the members who meet the targeting criteria (“participants”), collect survey answers from participants and provide reports to creators, which contain the creator's survey questions and the answers to such questions (“survey report”).
By using the Service, you may be eligible to receive virtual rewards points ("Currency") for use only within the Service. Currency may be earned by answering survey questions or by other mechanisms. Currency possesses no cash or monetary value, may not be redeemed outside the Service, and may not be purchased from us or any third party for real currency. You acknowledge that Currency is purely promotional and is provided without payment of anything of value by you. We reserve the right to terminate, cancel, temporarily suspend, change, modify, or amend the Currency system at any time with or without notice to you.
Our Service allows you to post, link, store, share and otherwise make available certain information, text, graphics, videos, or other material (“Content”). You are responsible for Content that you post on or through Service, including its legality, reliability, and appropriateness.
By posting Content on or through Service, You represent and warrant that: (i) Content is yours (you own it) and/or you have the right to use it and the right to grant us the rights and license as provided in these Terms, and (ii) that the posting of your Content on or through Service does not violate the privacy rights, publicity rights, copyrights, contract rights or any other rights of any person or entity. We reserve the right to terminate the account of anyone found to be infringing on a copyright.
You retain any and all of your rights to any Content you submit, post or display on or through Service and you are responsible for protecting those rights. Creator is the exclusive owner of all survey reports as defined in section 2 of this Agreement. We take no responsibility and assume no liability for Content you or any third party posts on or through Service. However, by posting Content using Service you grant us the right and license to use, modify, publicly perform, publicly display, reproduce, and distribute such Content on and through Service. You agree that this license includes the right for us to make your Content available to other users of Service, who may also use your Content subject to these Terms.
ClearSwell LLC has the right but not the obligation to monitor and edit all Content provided by users.
In addition, Content found on or through this Service are the property of ClearSwell LLC or used with permission. You may not distribute, modify, transmit, reuse, download, repost, copy, or use said Content, whether in whole or in part, for commercial purposes or for personal gain, without express advance written permission from us.
You may use Service only for lawful purposes and in accordance with Terms. You agree not to use Service:
(a) In any way that violates any applicable national or international law or regulation.
(b) For the purpose of exploiting, harming, or attempting to exploit or harm minors in any way by exposing them to inappropriate content or otherwise.
(c) To transmit, or procure the sending of, any advertising or promotional material, including any “junk mail”, “chain letter,” “spam,” or any other similar solicitation.
(d) To impersonate or attempt to impersonate Company, a Company employee, another user, or any other person or entity.
(e) In any way that infringes upon the rights of others, or in any way is illegal, threatening, fraudulent, or harmful, or in connection with any unlawful, illegal, fraudulent, or harmful purpose or activity.
(f) To engage in any other conduct that restricts or inhibits anyone’s use or enjoyment of Service, or which, as determined by us, may harm or offend Company or users of Service or expose them to liability.
Additionally, you agree not to:
(a) Use Service in any manner that could disable, overburden, damage, or impair Service or interfere with any other party’s use of Service, including their ability to engage in real time activities through Service.
(b) Use any robot, spider, or other automatic device, process, or means to access Service for any purpose, including monitoring or copying any of the material on Service.
(c) Use any manual process to monitor or copy any of the material on Service or for any other unauthorized purpose without our prior written consent.
(d) Use any device, software, or routine that interferes with the proper working of Service.
(e) Introduce any viruses, trojan horses, worms, logic bombs, or other material which is malicious or technologically harmful.
(f) Attempt to gain unauthorized access to, interfere with, damage, or disrupt any parts of Service, the server on which Service is stored, or any server, computer, or database connected to Service.
(g) Attack Service via a denial-of-service attack or a distributed denial-of-service attack.
(h) Take any action that may damage or falsify Company rating.
(i) Otherwise attempt to interfere with the proper working of Service.
(j) Use the service to collect sensitive data from participants such as banking and credit details, passwords, or social security numbers.
We may use third-party Service Providers to monitor and analyze the use of our Service.
Google Analytics is a web analytics service offered by Google that tracks and reports website traffic from our web pages. Google uses the data collected to track and monitor the use of our Service. This data is shared with other Google services. Google may use the collected data to contextualise and personalise the ads of its own advertising network.
For more information on the privacy practices of Google, please visit the Google Privacy Terms web page: https://policies.google.com/privacy?hl=en
We also encourage you to review the Google's policy for safeguarding your data: https://support.google.com/analytics/answer/6004245.
By accessing our Service, you confirm that you are at least 13 years old and meet the minimum age of digital consent in your country. If you are based outside the United States, you are responsible for knowing what that minimum age is in your country. If you are old enough to access our Service in your country, but not old enough to have authority to consent to our terms, your parent or guardian must agree to our terms on your behalf. Please ask your parent or guardian to read these terms with you. If you are a parent or legal guardian, and you allow your teenager to use the Service, then these terms also apply to you and you are responsible for your teenager’s activity on the Service.
When you create an account with us, you guarantee that the information you provide us is accurate, complete, and current at all times. Inaccurate, incomplete, or obsolete information may result in the immediate termination of your account on the Service.
You are responsible for maintaining the confidentiality of your account and password, including but not limited to the restriction of access to your computer and/or account. You agree to accept responsibility for any and all activities or actions that occur under your account and/or password, whether your password is with our Service or a third-party service. You must notify us immediately upon becoming aware of any breach of security or unauthorized use of your account.
Service and its original content (excluding Content provided by users), features and functionality are and will remain the exclusive property of Company and its licensors. Service is protected by copyright, trademark, and other laws of the United States. Our trademarks and trade dress may not be used in connection with any product or service without our prior written consent.
You may provide us directly at firstname.lastname@example.org with information and feedback concerning errors, suggestions for improvements, ideas, problems, complaints, and other matters related to our Service (“Feedback”). You acknowledge and agree that: (i) you shall not retain, acquire or assert any intellectual property right or other right, title or interest in or to the Feedback; (ii) Company may have development ideas similar to the Feedback; (iii) Feedback does not contain confidential information or proprietary information from you or any third party; and (iv) Company is not under any obligation of confidentiality with respect to the Feedback. In the event the transfer of the ownership to the Feedback is not possible due to applicable mandatory laws, you grant Company and its affiliates an exclusive, transferable, irrevocable, free-of-charge, sub-licensable, unlimited and perpetual right to use (including copy, modify, create derivative works, publish, distribute and commercialize) Feedback in any manner and for any purpose.
Our Service may contain links to third party web sites or services that are not owned or controlled by us.
We have no control over, and assume no responsibility for the content, privacy policies, or practices of any third party web sites or services. We do not warrant the offerings of any of these entities/individuals or their websites.
YOU ACKNOWLEDGE AND AGREE THAT COMPANY SHALL NOT BE RESPONSIBLE OR LIABLE, DIRECTLY OR INDIRECTLY, FOR ANY DAMAGE OR LOSS CAUSED OR ALLEGED TO BE CAUSED BY OR IN CONNECTION WITH USE OF OR RELIANCE ON ANY SUCH CONTENT, GOODS OR SERVICES AVAILABLE ON OR THROUGH ANY SUCH THIRD PARTY WEB SITES OR SERVICES.
WE STRONGLY ADVISE YOU TO READ THE TERMS OF SERVICE AND PRIVACY POLICIES OF ANY THIRD PARTY WEB SITES OR SERVICES THAT YOU VISIT.
EXCEPT AS PROHIBITED BY LAW, YOU WILL HOLD US AND OUR OFFICERS, DIRECTORS, EMPLOYEES, AND AGENTS HARMLESS FOR ANY INDIRECT, PUNITIVE, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGE, HOWEVER IT ARISES (INCLUDING ATTORNEYS' FEES AND ALL RELATED COSTS AND EXPENSES OF LITIGATION AND ARBITRATION, OR AT TRIAL OR ON APPEAL, IF ANY, WHETHER OR NOT LITIGATION OR ARBITRATION IS INSTITUTED), WHETHER IN AN ACTION OF CONTRACT, NEGLIGENCE, OR OTHER TORTIOUS ACTION, OR ARISING OUT OF OR IN CONNECTION WITH THIS AGREEMENT, INCLUDING WITHOUT LIMITATION ANY CLAIM FOR PERSONAL INJURY OR PROPERTY DAMAGE, ARISING FROM THIS AGREEMENT AND ANY VIOLATION BY YOU OF ANY FEDERAL, STATE, OR LOCAL LAWS, STATUTES, RULES, OR REGULATIONS, EVEN IF COMPANY HAS BEEN PREVIOUSLY ADVISED OF THE POSSIBILITY OF SUCH DAMAGE. EXCEPT AS PROHIBITED BY LAW, IF THERE IS LIABILITY FOUND ON THE PART OF COMPANY, IT WILL BE LIMITED TO THE AMOUNT PAID FOR THE PRODUCTS AND/OR SERVICES, AND UNDER NO CIRCUMSTANCES WILL THERE BE CONSEQUENTIAL OR PUNITIVE DAMAGES. SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF PUNITIVE, INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE PRIOR LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU.
We reserve the right to refuse service, suspend or terminate accounts, remove or edit content in our sole discretion and without notice, for any reason whatsoever and without limitation, including but not limited to a breach of Terms. The suspension or deletion of accounts shall not entitle users to any claims for compensation or damages.
All provisions of Terms which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity and limitations of liability.
These Terms shall be governed and construed in accordance with the laws of State of California without regard to its conflict of law provisions.
Our failure to enforce any right or provision of these Terms will not be considered a waiver of those rights. If any provision of these Terms is held to be invalid or unenforceable by a court, the remaining provisions of these Terms will remain in effect. These Terms constitute the entire agreement between us regarding our Service and supersede and replace any prior agreements we might have had between us regarding the Service.
We reserve the right to withdraw or amend our Service, and any service or material we provide via Service, in our sole discretion without notice. We will not be liable if for any reason all or any part of Service is unavailable at any time or for any period. From time to time, we may restrict access to some parts of Service, or the entire Service, to users, including registered users.
Amendments To Terms
We may amend Terms at any time by posting the amended terms on this site. It is your responsibility to review these Terms periodically.
Your continued use of the Platform following the posting of revised Terms means that you accept and agree to the changes. You are expected to check this page frequently so you are aware of any changes, as they are binding on you.
By continuing to access or use our Service after any revisions become effective, you agree to be bound by the revised terms. If you do not agree to the new terms, you are no longer authorized to use Service.
No waiver by Company of any term or condition set forth in Terms shall be deemed a further or continuing waiver of such term or condition or a waiver of any other term or condition, and any failure of Company to assert a right or provision under Terms shall not constitute a waiver of such right or provision.
If any provision of Terms is held by a court or other tribunal of competent jurisdiction to be invalid, illegal or unenforceable for any reason, such provision shall be eliminated or limited to the minimum extent such that the remaining provisions of Terms will continue in full force and effect.
BY USING SERVICE OR OTHER SERVICES PROVIDED BY US, YOU ACKNOWLEDGE THAT YOU HAVE READ THESE TERMS OF SERVICE AND AGREE TO BE BOUND BY THEM.
Please send your feedback, comments, requests for technical support or termination by email at email@example.com or by creating a support ticket on our Discord support server at https://subo.ai/support.
We are the controller and responsible for your data. Here is the Personal Data we collect:
We use the data you share with us to give you a good experience and to provide information and insights to our research clients.
We use Personal Data to:
You have the right to request access to Personal Data, the correction or deletion of any Personal Data we hold about you.
We give you access and ability to correct or delete your data directly through our service on Discord y using the /profile command. If you are unable to perform these actions yourself, please contact us to assist you at firstname.lastname@example.org.
In addition, you can also simply exercise your rights by contacting us at email@example.com. To protect your privacy and security, we take reasonable measures to verify your identity before granting you such access.
You also have the right to be free from discrimination for exercizing your rights.
If you are a resident of the European Economic Area (EEA), you may have certain data protection rights granted by the EEA General Data Protection Regulation (GDPR) and the UK GDPR. The EEA includes all 27 countries in the European Union (EU), Iceland, Norway, and Liechtenstein.
The right to access, rectify or delete the information we have on you: You have the right to receive confirmation as to whether or not we process your Personal Data and, where we do, to access the Personal Data.
The right to data portability: You have the right to be provided with a copy of the information we have on you in a structured, machine-readable and commonly used format.
The right to appeal automated decision-making: you have the right to request human intervention into any decision made automatically in relation to your Personal Data.
The right to object: You have the right to object to our processing of your Personal Data.
The right of restriction: You have the right to request that we restrict the processing of your Personal Data to limit its use.
The right to withdraw consent: You also have the right to withdraw your consent at any time where we relied on your consent to process your personal information.
The right to complain to a supervisory authority: if you consider that our processing of your Personal Data is unlawful, you have a legal right to lodge a complaint with your local data protection authority.
Our service lets you directly access, rectify, delete your Personal Data or export it in a commonly used format. Please use the /help command for more information about the different data control commands available through our service or contact us. However, if you are unable to perform these actions yourself, or for other requests related to exercising your rights, please contact us to assist you at firstname.lastname@example.org.
Please note that we may ask you to verify your identity before responding to such requests. You have the right to complain to a Data Protection Authority about our collection and use of your Personal Data. For more information, please contact your local data protection authority in the European Economic Area (EEA).
The California Consumer Privacy Act (CCPA) gives California consumers certain rights over what they call their personal information (“Personal Data” in this document). If you are a California resident, you have the right to request that we disclose to you the following information covering the 12-month period prior to your request:
The CCPA also requires that we inform you of your right to opt out of the sale of your Personal Information. As stated early in our Privacy Statement, we will never disclose Personal Data to third parties in exchange for monetary consideration without your consent. However, under the CCPA, a “sale” is defined broadly as the “selling, renting, releasing, disclosing, disseminating, making available, transferring, or otherwise communicating orally, in writing, or by electronic or other means, a consumer’s personal information by [a] business to another business or a third party” in exchange for “monetary” or “other valuable consideration.” Under this broad definition, certain transfers of information in connection with services we provide to our clients could arguably be considered a "sale" of "personal information" under CCPA.
If you reside in the state of California, and would like to opt out of the sale of your personal information with third parties, please send us an email at email@example.com. You have the right to designate an authorized agent to make a request under the CCPA on your behalf. In order to verify you have authorized an agent we will require a signed, written authorization from you.
We are committed to protecting the privacy of children. We do not knowingly collect data from users under the age of 13 (16 in the European Union) and take reasonable measures to verify a user’s age. If we become aware that we have collected or stored Personal Data from a user under 13 (16 in the EU), we will delete the data. If you are a parent or a guardian of a child and believe that we may have collected your child’s Personal Data, please contact us at firstname.lastname@example.org.
We use reasonable security measures to protect your Personal Data from unauthorized access or loss, misuse and alteration of data. Only the employees whose function requires it have access to your data, and we are doing a thorough due diligence to only work with trustworthy service providers.
Subo data storage is located in the United States.
If you have any questions about this Privacy Statement, contact us via email at: email@example.com.
This Privacy Statement was last updated on the date that appears at the beginning of the document. It may change from time to time. If we make any changes to this Privacy Statement, we will post any changes on this page. Where we make any material changes to this Privacy Statement, we will make a more prominent notice in compliance with applicable laws. Your continued use of our Sites or Services following such posts or notices will signal that you have read and understand such changes.