Terms of Service for MyPrivacyPolls

Welcome to MyPrivacyPolls (“MPP”), a groundbreaking survey creation and response platform that prioritizes privacy and confidentiality. MPP is developed and provided by the Public Interest Tech Lab (“PITL”) at Harvard University (“Harvard”). Certain of MPP’s features and functions may run on the MyDataCan platform (“MyDataCan”) operated by the Harvard Data Privacy Lab (“DPL”).

By establishing a Form Account or using the Service for any reason—whether to submit Form Content, submit Responses, or otherwise access the Website—you accept and agree to be bound by the following Terms of Service:

1. Definitions

“The Service” means all services provided to Users in connection with MyPrivacyPolls, including all web access, features, and functionalities provided through the Website or, when applicable, MyDataCan.
“The Website” means the website located at the myprivacypolls.com domain and includes all pages, content, and code contained therein.
“Users” means all users of the Service and includes Form Creators and Respondents.
“Form Creator” means a user who establishes a Form Account.
“Respondent” means a user who contributes one or more Responses.
“User-Generated Content” means content posted or communicated on or through the Service by a User.
“Form Content” means User-Generated Content posted to the Service by Form Creators to solicit Responses.
“Responses” means User-Generated Content posted to the Service by Form Respondents in response to Form Content.

2. Form Account

Only Form Creators may use the Service to post Form Content. Users must establish a “Form Account” in order to become Form Creators.

3. Description of Service

We anticipate that MyPrivacyPolls will provide various levels of Service, each of which will work differently from the others and provide different features and functionalities. At present we are offering only the “Gray” level of Service.

3.1 Gray Service

Gray Service works as follows: A Form Creator logs into their Form Account and uses the Service to draft Form Content. When the Form Creator is satisfied that the Form Content is ready for publication, the User presses the <publish> button. The Service then generates a unique, public-facing URL with a unique Form ID (together, the “Form URL”) to host the Form Content. The Form Creator solicits responses by directing prospective Responding Users to the Form URL. Responding Users use their web browsers to input Responses on the web page at the Form URL. When a Responding User is satisfied that their Response is ready for submission, the User presses the <submit> button. The Service then auto-generates a “no-reply” email message containing the Response and sends that message to the Form Creator. The Service does not save or store the Response in any form, does not log the content of the Response, and does not identify the Responding User.

4. Acceptable Use Policy

You agree that you are responsible for your own use of the Service. You agree that you will use the Service in compliance with these Terms of Service and all applicable local, state, national, and international laws, rules and regulations, including privacy and copyright laws, any laws regarding the transmission of technical data exported from your country of residence, and all United States export control laws.

4.1 Appropriate Use/ Conduct

You agree that you will not:

Impersonate any other person, including by establishing a Form Account under another person’s name or using another person’s personal information or Form Account.
Access or use the Service for any reason other than its intended purpose, or in any manner that is abusive, threatening, harassing, or unlawful, including without limitation to solicit, disclose, provide, or otherwise traffic in information in violation of applicable law.
Reverse-engineer the Service.
Use the Service in any manner intended to damage, disable, overburden, interfere with, or disrupt any part of the Service, the MyDataCan platform, the computer equipment or network(s) connected to either the Service or MyDataCan, or any other User’s access to or use of the Service or MyDataCan.
Attempt to gain unauthorized access to the Service or MyDataCan, any Service or MyDataCan user accounts, or computer equipment or networks connected to the Service or MyDataCan via hacking, password mining, or any other means.
Obtain or attempt to obtain any materials or information on or via the Service or MyDataCan not intentionally made available to you through the Service or MyDataCan.
Copy or use any portion of the Service.
Use any high volume, automated, or electronic means to access the Service (including without limitation robots, spiders, or scripts).
Frame any portion of the Website, place pop-up windows over its pages, or otherwise affect the display of its pages.
Force headers or otherwise manipulate identifiers in order to disguise the origin of any communication transmitted through the Service.

4.2 User-Generated Content

If you choose to use the Service to post, communicate, or submit (“Submit”) User-Generated Content, you agree that you will not:

Submit content that is abusive, threatening, harassing, knowingly false, or unlawful.
Use foul language or engage in personal attacks.
Submit content that infringes a copyright, trademark, or patent right, trade secret, or other legal right of any person.

5. License, Harvard Not Responsible

By submitting User-Generated Content for publication by the Service, you grant Harvard a perpetual, irrevocable, worldwide, transferable, royalty-free, and non-exclusive license to reproduce, publicly perform, publicly display, and distribute said content as needed to operate the Service. You understand and agree that Harvard reserves the right to monitor and moderate Form Content on MyPrivacyPolls and modify, remove, or decline to communicate any of said Form Content at its discretion, without notice, and for any reason. You understand that Harvard assumes no responsibility for monitoring, moderating, modifying, removing, or declining to communicate or failing to monitor, moderate, modify, remove, or decline to communicate any Form Content. You further understand and agree that the views and opinions expressed by other users on MyPrivacyPolls are theirs alone and should not be ascribed to Harvard. Content created by third parties is the sole responsibility of the third parties, and its accuracy and completeness are not endorsed or guaranteed by Harvard. Harvard will have no liability in the event any User-Generated Content you post violates third-party rights or is used or disclosed by others in violation of these Terms of Service or applicable law. You understand that User-Generated Content that you post may not remain confidential, so you should not post anything that you do not want communicated to others, including anything that may embarrass or expose you to a risk of litigation.

6. Collection and Use of Information

You acknowledge that you have read and understand the MyPrivacyPolls and MyDataCan Privacy Statements.

7. Disclaimer of Warranty

TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, THE SERVICE AND ANY INFORMATION, PRODUCTS, OR SERVICES THEREIN OR OBTAINED THEREBY ARE PROVIDED “AS IS” WITHOUT WARRANTY OF ANY KIND (EXPRESS, IMPLIED, OR OTHERWISE), INCLUDING, WITHOUT LIMITATION, ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NONINFRINGEMENT. WE DO NOT WARRANT THAT THE SERVICE WILL OPERATE IN AN UNINTERRUPTED OR ERROR-FREE MANNER OR THAT THE SERVICE IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. WITHOUT LIMITING THE FOREGOING, WE DO NOT WARRANT THAT (A) THE SERVICE WILL MEET YOUR REQUIREMENTS OR EXPECTATIONS OR ACHIEVE THE INTENDED PURPOSES; (B) THE SERVICE WILL NOT EXPERIENCE OUTAGES OR OTHERWISE WILL BE UNINTERRUPTED, TIMELY, OR SECURE; (C) THE INFORMATION OR SERVICES OBTAINED THROUGH OR FROM THE SERVICE WILL BE ACCURATE, COMPLETE, CURRENT, ERROR-FREE, OR RELIABLE; (D) ANY DEFECTS IN OR ON THE SERVICE WILL BE CORRECTED; OR (E) THAT ANY POLLS OR OTHER SOLICITATIONS OF INFORMATION POSTED THROUGH THE SERVICE BY YOU OR OTHER USERS ARE SAFE OR APPROPRIATE FOR YOUR OR OTHER USERS’ PARTICIPATION. WE MAKE NO REPRESENTATION OR WARRANTY REGARDING YOUR ABILITY TO TRANSMIT AND RECEIVE INFORMATION FROM OR THROUGH THE SERVICE, AND YOU AGREE AND ACKNOWLEDGE THAT YOUR ABILITY TO ACCESS THE SERVICE MAY BE IMPAIRED.

8. Limitation of Liability

EXCEPT INSOFAR AS THE FOLLOWING LIMITATION MAY BE PROHIBITED BY APPLICABLE LAW, WE SHALL NOT BE LIABLE TO YOU OR TO ANY THIRD PARTY FOR ANY DIRECT, CONSEQUENTIAL, INDIRECT, PUNITIVE, SPECIAL, OR INCIDENTAL DAMAGES, WHETHER FORESEEABLE OR UNFORESEEABLE (INCLUDING, BUT NOT LIMITED TO, LOSS OF PROFITS OR EARNING POWER, LOSS OF DATA, LOSSES DUE TO ERRORS OR INTERRUPTION IN AVAILABILITY OF THE SERVICE, UNAVAILABILITY OF ANY SERVICE, SERVER, OR COMMUNICATIONS FACILITY, OR DAMAGES DUE TO ACTS OR OMISSIONS OF OTHERS USING THE SERVICE), ARISING OUT OF OR RELATING TO THE SERVICE, INCLUDING WITHOUT LIMITATION YOUR AND OTHERS’ USE OF OR INABILITY TO USE THE SERVICE, OR YOUR RELIANCE UPON INFORMATION OBTAINED FROM OR THROUGH THE SERVICE, WHETHER BASED IN CONTRACT, TORT, STATUTORY, OR OTHER LAW. OUR TOTAL CUMULATIVE LIABILITY TO YOU ARISING OUT OF OR RELATED TO THE SERVICE (INCLUDING, WITHOUT LIMITATION, IN THE WAYS DESCRIBED IN THE PRECEDING SENTENCE), WHETHER BASED IN CONTRACT, TORT, STATUTORY, OR OTHER LAW, WILL NOT EXCEED THE AMOUNT, IF ANY, THAT YOU PAID US TO USE THE SERVICE IN THE TWELVE MONTHS PRECEDING THE CLAIM. THE DISCLAIMERS AND LIMITATIONS SET FORTH IN THIS SECTION SHALL APPLY, TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, WHETHER OR NOT WE HAVE BEEN NEGLIGENT OR OTHERWISE AT FAULT.

YOU ACKNOWLEDGE AND AGREE THAT THE WARRANTY DISCLAIMERS AND THE LIMITATIONS OF LIABILITY SET FORTH IN THESE TERMS OF SERVICE REFLECT A REASONABLE AND FAIR ALLOCATION OF RISK BETWEEN YOU AND US, AND THAT THESE LIMITATIONS ARE ESSENTIAL TO OUR WILLINGNESS TO MAKE THE SERVICE AVAILABLE TO YOU. EACH OF THESE DISCLAIMERS AND LIMITATIONS IS INTENDED TO BE SEPARATELY ENFORCEABLE, REGARDLESS OF WHETHER ANY OTHER REMEDY FAILS OF ITS ESSENTIAL PURPOSE.

YOU ACKNOWLEDGE THAT, FOR PURPOSES OF THE FOREGOING DISCLAIMERS AND LIMITATIONS, AS WELL AS THE INDEMNITY AND THIRD-PARTY PROVISIONS IN SECTIONS 9 AND 10 BELOW, THE TERMS “WE,” “OUR,” “US,” “MYPRIVACYPOLLS,” “THE PUBLIC INTEREST TECH LAB” AND “THE DATA PRIVACY LAB” INCLUDE THE CORPORATE BODY PRESIDENT AND FELLOWS OF HARVARD COLLEGE, ALSO KNOWN AS HARVARD UNIVERSITY, AND ITS VARIOUS SCHOOLS, THE MEMBERS OF ITS GOVERNING BOARDS, AND ITS OFFICERS, FACULTY MEMBERS, EMPLOYEES, FELLOWS, AND TO THE EXTENT WORKING ON THE MYPRIVACYPOLLS OR OTHER PITL AND DPL PROJECTS, ITS STUDENTS, CONTRACTORS, AND REPRESENTATIVES.

CERTAIN JURISDICTIONS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THE LAWS OR REGULATIONS OF THESE JURISDICTIONS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS, OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MAY HAVE ADDITIONAL RIGHTS.

9. Indemnification

You agree to indemnify us (as defined for this purpose in Section 8 above) and hold us harmless from any and all claims, liabilities, damages, losses and expenses, including reasonable attorneys’ fees and costs, relating to or arising out of (a) your use or attempted use of the Service in violation of these Terms of Service; or (b) your violation of any law or rights of any third party in connection with your use of the Service.

10. Links

The Service may include hyperlinks to websites or applications maintained or controlled by others, including apps developed and deployed by third parties for use on MyDataCan. We are not responsible for and do not approve or endorse the contents or use of any of the information, products, or services that may be offered at or through these websites or applications. If you decide to access linked third-party websites or applications, you do so at your own risk. You expressly relieve us from any liability arising from your use of any third-party website or application.

11. Choice of Law

You agree that the Terms of Service and any claim or dispute arising out of or relating to the Terms of Service, the Service, or your use of the Site will be governed by the laws of the Commonwealth of Massachusetts, excluding its conflicts of laws principles. You agree that all such claims and disputes will be heard and resolved exclusively in the federal or state courts located in and serving Middlesex or Suffolk County, Massachusetts, U.S.A. You consent to the personal jurisdiction of those courts over you for this purpose, and you waive and agree not to assert any objection to such proceedings in those courts (including any defense or objection of lack of proper jurisdiction or inconvenience of forum).

12. Whole Agreement/ Amendments

These Terms of Service constitute the entire agreement between you and Harvard with respect to your use of the Service. Harvard reserves the right to amend these Terms of Service at any time. The Service will post notice of changes to the terms on this webpage, and by accessing the Service after modifications to these Terms of Service have been posted, you agree to be bound by all the modified terms. Accordingly, you should periodically revisit this page to review the then-current Terms of Service.

Rev. May 14, 2025