END USER AGREEMENT

Whereas:

  1. SurveyMonkey is providing the University of Saskatchewan (“U of S”) with survey products and services (collectively, the “Survey Tool”), which in turn, the U of S is making available to current faculty members, administrators, staff members, emeritus faculty members, and students in degree programs at the U of S (collectively, the “End Users”).
  2. The provision and use of the Survey Tool is subject to a Master Services Agreement between SurveyMonkey and the U of S (the “MSA”).  This MSA is subject to change without notice from SurveyMonkey or the U of S.
  3. The Survey Tool is being provided to End Users in support of teaching, learning, research and administration.
  4. The following Agreement (the “End User Agreement”) describes the terms on which End Users may access and use the Survey Tool.  To become or continue as a user of the Survey Tool, all End Users must read and accept all of the terms and conditions of this End User Agreement.  If End Users do not agree to be bound by the End User Agreement, they must not access or use the Survey Tool.

By using the Survey Tool, you agree to the following terms and conditions:

  1. You will only access and/or use the Survey Tool if and while you are a current faculty member, administrator, staff member, emeritus faculty member and/or student in a degree program at the U of S.
  2. In accessing and/or using the Survey Tool, you will comply with all applicable laws and regulations including but not limited to, applicable federal, provincial and/or municipal laws. 
  3. In accessing and/or using the Survey Tool, you will comply with all applicable SurveyMonkey policies and guidelines, including but not limited to:
    1. the SurveyMonkey Privacy Policy
    2. the SurveyMonkey Terms of Use
    3. the SurveyMonkey Anti-Spam Policy
    4. the Survey Monkey Acceptable Uses Policy
  4. You must not use the Survey Tool for personal and/or commercial gain.
  5. The U of S can modify the Survey Tool and/or this End User Agreement at its sole discretion, at any time and without prior notice. Your continued use of the Survey Tool indicates your acceptance of any amendments to the Survey Tool and/or the End User Agreement.

Account Security

  1. You are responsible for maintaining the confidentiality of your password and any other credentials used by you to access the Survey Tool. 
  2. You will not share your password and/or any other credentials used by you to access the Survey Tool. 
  3. You will notify the U of S promptly if you become aware of any unauthorized access to the Survey Tool.

Third Party Requests

  1. SurveyMonkey and/or the U of S may from time-to-time receive requests from third parties for records related to your use of the Survey Tool, including information in your account (“Third Party Requests”).  Third Party Requests include search warrants, subpoenas, and other forms of legal process. 
  2. You must assist and/or cooperate with the U of S in responding to any Third Party Requests.

Governance and Policies

  1. In accessing and/or using the Survey Tool, you will comply with all applicable U of S Policies and Guidelines, including but not limited to:
    1. the Data Management Policy
    2. the Information Technology Security Policy
    3. the Computer Use Policy
  2. Further, if you download survey responses collected by way of the Survey Tool, you will comply with all applicable U of S Policies and Guidelines, including but not limited to:
    1. the Data Management Policy
    2. the Information Technology Security Policy
    3. the Computer Use Policy
  3. You will not use the Survey Tool to solicit survey responses that are classified as ‘Restricted’ or ‘Limited’ according to the Data Classification in support of USask's Data Governance Framework.
  4. If you are using the Survey Tool for non-survey uses (eg. application or entry forms), you will seek compliance review and approval of said use by submitting a request to web@usask.ca.

Research Ethics

  1. If you are using the Survey Tool for research involving humans, you will obtain prior approval from any and all applicable Research Ethics Boards (REB). 
  2. Approval from an REB may not be required if your research is being conducted solely for teaching and learning purposes (e.g., course requirement).  In this instance, however, you will ensure:
    1. The purpose of the survey must be to teach professional research methodology such as interviewing, surveying or experimental design; and
    2. The data must be gathered solely for purposes of teaching analytical interpretation.

Primary Author of Record

  1. All surveys created with the Survey Tool must identify a primary author (or investigator) of record (the “Primary Author”), who has agreed to the terms and conditions of this End User Agreement.  The Primary Author is responsible for content posted and/or distributed by way of the Survey Tool, including compliance with the terms and conditions of this End User Agreement. 
  2. Where a Primary Author will cease being a current faculty member, administrator, staff member, emeritus faculty member and/or student in a degree program at the U of S, he or she will identify a new Primary Author for any content posted and/or distributed by way of the Survey Tool.

Additional Responsibilities

  1. You will include the following instruction(s) in any surveys circulated by way of the Survey Tool: 
    1. “All survey information will be collected, retained and hosted on a third party server and not on a U of S server. Your data will be stored in facilities hosted in Canada. Your information is subject to SurveyMonkey’s Privacy Policy.”
    2. “Please note that your participation in this survey will remain anonymous at all times.  If you have concerns or questions, my direct email is [enter survey owner email address].”
  2. In accessing and/or using the Survey Tool, you will safeguard the confidentiality and privacy of any and all survey participants.  Safeguarding may include, but is not limited to, compliance with:
    1. federal and provincial privacy legislation (e.g., LAFOIP, HIPA, PIPEDA);
    2. regulatory/compliance requirements (PCI); and
    3. research ethics processes (TCPS 2).
  3. In using the Survey Tool, all survey invitations must be distributed in accordance with Canada’s Anti-Spam Law (CASL).
  4. In accessing and/or using the Survey Tool, you will not misuse and/or misappropriate the USask Brand.
  5. You will not reverse engineer, decompile, disassemble or otherwise attempt to derive the source code, techniques, processes, algorithms and/or know-how of the Survey Tool or permit or induce the foregoing.

Archive and Retention

  1. As soon as a survey is complete or otherwise concluded, the Primary Author will remove the survey and any related data from the Survey Tool.  Any such data must be retained pursuant to applicable regulations, such as the Responsible Conduct of Research Policy.
  2. SurveyMonkey will only retain surveys and any related data from the Survey Tool while the MSA is in effect. 
  3. If the MSA is terminated by SurveyMonkey and/or the U of S, the Primary Author is responsible for removing, archiving and retaining any surveys and any related data from the Survey Tool as per paragraph 22.

Suspension of Services

  1. You may be unable to access the Survey Tool in the event SurveyMonkey limits or suspends your access to the Survey Tool at its discretion (for example, to perform scheduled maintenance or to stop violation of SurveyMonkey policies or guidelines).

Violation

  1. If you violate the terms and conditions of this Agreement or SurveyMonkey policies, the U of S and/or SurveyMonkey can temporarily and/or permanently restrict your access to the Survey Tool without warning. 
  2. If you are a student and you violate the terms and conditions of this Agreement, the U of S may pursue disciplinary action against you under the Regulations on Student Academic Misconduct and/or the Standard of Student Conduct in Non-Academic Matters.
  3. If you are an employee and you violate the terms and conditions of this Agreement, the U of S may pursue disciplinary action against you in accordance with the applicable collective agreement.

Miscellaneous

  1. The U of S can review and/or monitor your compliance with this End User Agreement.  Upon reasonable cause, the U of S may disclose failures to comply with this End User Agreement to authorized persons for official purposes, including criminal and other investigations, and permit the monitoring of system transactions by law enforcement agencies.
  2. If any term or condition of this End User Agreement is determined to be unenforceable by a court of competent jurisdiction, that term of condition will be severed and the remainder of terms will remain in full effect.
  3. The U of S’s failure or delay to enforce a term or condition of this End User Agreement is not a waiver of its right to do so later.
  4. You cannot transfer or assign your rights under this End User Agreement.