OpiScopeSurvey — Product Terms of Service
Last updated: August 31, 2026⚠ Draft
OpiScopeSurvey — Product Terms of Service
Status: DRAFT Effective: [DATE] Version: 0.2 Last updated: 2026-08-311. Introduction
Welcome to OpiScopeSurvey, a product of the OpiScope platform. These Product Terms of Service ("Product Terms") govern your use of OpiScopeSurvey, the survey creation and management product.
By activating or using OpiScopeSurvey, you agree to these Product Terms in addition to the OpiScope Platform Terms of Service. In case of conflict, these Product Terms govern for OpiScopeSurvey.
2. Definitions
These terms are used throughout these Product Terms and all OpiScope legal documents:
| Term | Definition |
|---|---|
| Controller (or "Data Controller") | The legal entity that determines the purposes and means of processing personal data, as defined in Art. 2 of Organic Law 2004-63. In our product interface, this is called "Organization." In our marketing materials, this is called "Publisher." |
| Organization | The product-interface term for the entity that owns surveys and acts as data controller. |
| Publisher | The marketing/commercial term for the Organization. |
| Org Owner | The natural person authorized to bind the Organization and accept legal documents on its behalf. |
| Team Member | An employee or agent of the Organization acting under its authority. |
| Survey Creator | A Team Member or the Org Owner with permission to create surveys on behalf of the Controller. |
| Processor | An entity that processes personal data on behalf of the Controller. OpiScope acts as Processor for product data. |
| Respondent | A natural person who participates in a survey by providing responses. |
| Personal Data | Any information relating to an identified or identifiable natural person (Art. 2, Organic Law 2004-63). |
| Sensitive Data | Data relating to health, religion, politics, race, union affiliation, genetic or biometric data (Arts. 47-49, Organic Law 2004-63). |
| Anonymized Data | Data that cannot identify any natural person by any means reasonably likely to be used. Anonymized data is NOT personal data and falls outside the scope of Organic Law 2004-63. |
| INPDP | Instance Nationale de Protection des Données Personnelles — Tunisia's national data protection authority. |
| Flag | A report submitted by any person alleging that a survey violates OpiScope's Terms, Privacy Policy, or applicable law. |
| Verified Badge | A badge OpiScope assigns to a Publisher who has uploaded valid INPDP documentation (prior declaration and, where applicable, authorizations) and had it verified by OpiScope. |
| Anonymous Survey | A survey that uses OpiScope's Anonymous Survey service, which strips ALL identifiers before storage so that no personal data is collected from respondents. |
3. About OpiScopeSurvey
OpiScopeSurvey is a survey creation, management, and response collection product built on the OpiScope platform. It allows you to:
- Design and distribute surveys
- Collect responses from participants
- Analyze and export results
- Optionally publish surveys to the OpiScopeDirectory
- Optionally use AI interpretation (AskOpiScope)
3.1 Survey Service Tiers
| Tier | What you get | Legal effect |
|---|---|---|
| Standard | Platform collects IP, session, timestamp. You receive raw responses. | Personal data — full INPDP obligations apply |
| Anonymized | OpiScope strips ALL identifiers before storage. No IP, no session, no timestamps stored with responses. | Survey responses = NOT personal data. Platform still logs IP temporarily for security, then deletes. |
| Aggregated | OpiScope only provides statistics. Raw responses never accessible to Publisher. | You never receive personal data. OpiScope is the sole data holder (and can delete after aggregation). |
4. Your Role as Data Controller
4.1 Controller Relationship
When you create and distribute a survey using OpiScopeSurvey, you are the data controller for:
- Your survey questions and content
- All responses collected from participants
- Any personal data of your respondents
4.2 Org Owner as Legal Representative
The Org Owner is the natural person who:
- Accepts these Product Terms on behalf of the Organization
- Files the prior declaration with INPDP on behalf of the Organization
- Applies for INPDP authorizations (sensitive data, cross-border transfers) on behalf of the Organization
- Ensures Team Members comply with the Organization's data protection obligations
4.3 Your Obligations as Data Controller
As data controller, you are responsible for:
Legal Basis:- Having a valid legal basis for collecting respondent data (consent, legitimate interest, etc.)
- Documenting your legal basis for each survey
- Filing a prior declaration with INPDP (Art. 7, Organic Law 2004-63)
- Obtaining INPDP authorization for processing Sensitive Data (Arts. 47-49)
- Obtaining INPDP authorization for cross-border transfers (Art. 52)
- Providing a clear privacy notice to respondents before they participate
- Clearly stating the purpose of your survey
- Not misrepresenting the purpose or sponsorship of your research
- Collecting only data necessary for your stated purpose
- Not collecting Sensitive Data unless absolutely necessary and with explicit consent and INPDP authorization
- Using OpiScopeSurvey's security features appropriately
- Controlling access to your survey responses
- Exporting and backing up data as needed
- Setting appropriate retention periods for your respondent data
- Deleting data when no longer necessary
- Enabling respondents to withdraw consent and request deletion
- Responding to data subject access requests
5. INPDP Compliance
5.1 Prior Declaration
Before using OpiScopeSurvey to collect personal data, you must file a prior declaration with the INPDP in accordance with Art. 7 of Organic Law 2004-63.
This is the Organization's obligation. The Org Owner files on behalf of the Organization.
5.2 Sensitive Data Authorization
If your survey collects Sensitive Data (health, religion, politics, race, union affiliation, genetic, biometric), you must obtain INPDP authorization BEFORE collecting such data (Arts. 47-49).
5.3 Cross-Border Transfer Authorization
If you transfer respondent data outside Tunisia (including through integrations, exports, or enabling third-party services), you must obtain INPDP authorization BEFORE transferring (Art. 52).
5.4 Your Warranty
By publishing a survey, you warrant that:
- You have filed all required declarations with INPDP
- You have obtained all required authorizations (sensitive data, cross-border)
- You will provide proof of such declarations upon request
- You will comply with all applicable Tunisian data protection laws
6. Verified Badge
6.1 What It Is
The Verified Badge is an OpiScope feature that signals to respondents that a Publisher has uploaded and verified their INPDP documentation.
| Badge | Meaning |
|---|---|
| Verified | Publisher has uploaded valid INPDP prior declaration (and authorizations where applicable) and OpiScope has verified the document's validity with INPDP. |
| Unverified | Publisher has not uploaded INPDP documentation or verification is pending. |
6.2 How to Get Verified
1. Upload your INPDP prior declaration to OpiScope
2. If applicable, upload your INPDP authorizations (sensitive data, cross-border)
3. OpiScope reviews the documents and contacts INPDP to verify
4. If valid, OpiScope grants the Verified Badge
6.3 Verification as a Paid Service
OpiScope offers verification as a paid service. The service includes:
- Document review by OpiScope's compliance team
- Contacting INPDP to verify document validity
- Annual re-verification
6.4 Badge Revocation
OpiScope may revoke a Verified Badge if:
- A flag is validated against the Publisher
- The INPDP declaration expires
- The Publisher fails to re-verify annually
- The Publisher's authorizations are revoked by INPDP
6.5 Unverified Publishers
Unverified publishers can still publish surveys. OpiScope does not block publication based on verification status. However:- Unverified publishers see a warning on their dashboard
- Respondents see an "Unverified" badge on the survey
- Visitors are warned that the Publisher has not verified INPDP compliance
7. Survey Welcome Card — Disclaimer & Consent
7.1 Mandatory Welcome Card
Every survey MUST have a welcome card. The welcome card is the mechanism through which you:- Inform respondents about the processing (Art. 11, Organic Law 2004-63)
- Obtain consent before processing (Art. 13)
- Communicate the right to object (Art. 15)
7.2 Required Content
The welcome card must contain:
| Field | Required? | Why |
|---|---|---|
| Identity of the controller | ✅ Yes | Art. 11 — respondents must know who processes their data |
| Purpose of processing | ✅ Yes | Art. 11 — respondents must know why |
| Categories of data collected | ✅ Yes | Art. 11 — respondents must know what |
| Legal basis | ✅ Yes | Art. 13 — consent must be informed |
| Data recipients | ✅ Yes | Art. 11 — respondents must know who has access |
| Cross-border transfer (if any) | ✅ If applicable | Art. 52 — respondents must know if data leaves Tunisia |
| Retention period | ✅ Yes | Art. 45 — respondents must know how long |
| Rights of the respondent | ✅ Yes | Arts. 32-41 — respondents must know their rights |
| Consent checkbox | ✅ Yes | Art. 13 — affirmative consent required |
| OpiScope's role as processor | ✅ Yes | Transparency — respondents must know OpiScope processes on your behalf |
| OpiScope insights production (if PublicSurvey) | ✅ If applicable | If OpiScope produces insights from anonymized data |
7.3 Consent Mechanism
| Requirement | Implementation |
|---|---|
| Freely given | No pre-ticked checkbox |
| Specific | Separate consent for different processing (survey vs. insights) |
| Informed | All required information visible before consent |
| Unambiguous | Clear affirmative action (clicking "I agree" or checking a box) |
| Before processing | Consent MUST be obtained BEFORE any survey questions are answered |
7.4 Consent Recording
OpiScope records and stores:
- Timestamp of consent
- IP address (at time of consent)
- User agent (at time of consent)
- Content snapshot of what the respondent saw (version of the welcome card)
8. Sensitive Data Detection
8.1 How OpiScope Detects Sensitive Data
OpiScope uses a hybrid approach:
| Method | What it does |
|---|---|
| Keyword scan | Scans survey questions for keywords related to health, religion, politics, race, union, biometric data |
| Publisher self-declaration | Publisher declares at survey creation whether the survey collects sensitive data |
| Manual review | If keywords are flagged, OpiScope reviews the survey before publication |
8.2 What Happens If Sensitive Data Is Detected
| Scenario | Required action |
|---|---|
| Keywords flag potential sensitive questions | Publisher MUST self-declare whether sensitive data is collected |
| Publisher declares "No sensitive data" | OpiScope reviews flagged questions; if clearly non-sensitive → can publish |
| Publisher declares "Yes, sensitive data" | Must upload INPDP authorization BEFORE publishing |
| Publisher refuses to declare | Cannot publish |
9. Survey Content & Ethics
9.1 Ethical Standards
OpiScopeSurvey is designed for legitimate survey and research purposes. By using this product, you agree to uphold the highest ethical standards, consistent with:
- AAPOR Code of Professional Ethics and Practices (2026 revision)
- ICC/ESOMAR International Code on Market, Opinion and Social Research and Data Analytics (2025 revision)
- Tunisian data protection law (Organic Law 2004-63)
9.2 Survey Content Rules
Your surveys must NOT:
Deceive or Mislead:- Misrepresent the purpose of the research
- Conceal the true sponsor of the research
- Conduct non-research activities (sales, fundraising, political campaigning) under the guise of research
- Cause physical, psychological, or emotional harm
- Humiliate, intimidate, or coerce participants
- Target vulnerable populations without appropriate safeguards
- Collect personal data without a legal basis
- Collect Sensitive Data without explicit consent and INPDP authorization
- Re-identify anonymous respondents
- Share individual-level response data without consent
- Collect data that is illegal to collect
- Infringe intellectual property rights
- Discriminate based on protected characteristics
9.3 Anti-Fabrication Policy
Fabrication of survey data is strictly prohibited. This includes:- Inventing responses that were no provided
- Manipulating or altering results to misrepresent findings
- Claiming a sample size or methodology that was not used
- Presenting AI-generated data as human responses (unless clearly labeled as synthetic/test data)
9.4 Vulnerable Populations
If your survey targets children or vulnerable individuals, you must:
- Obtain verifiable parental consent for children under 16 (or applicable age in your jurisdiction)
- Implement additional safeguards for vulnerable populations
- Comply with all applicable child protection laws
10. Survey Respondent Rights
10.1 Rights of Your Respondents
Your respondents have the right to:
- Information — know who is conducting the survey, its purpose, and how their data will be used
- Voluntary participation — participation is voluntary; they may withdraw at any time
- Skip questions — they may refuse to answer any question
- Withdraw consent — withdraw their consent and request deletion of their responses
- Access — request a copy of their responses
- Anonymity — if the survey is anonymous, their identity will not be recorded
10.2 Enabling Respondent Rights
You must:
- Include a privacy notice link in your survey (or on the survey landing page)
- Use OpiScopeSurvey's consent collection features where applicable
- Honor withdrawal and deletion requests within 30 days
- Provide contact information for data protection inquiries
11. Directory Visibility & Publication
11.1 Visibility Settings
You control the visibility of your survey:
| Visibility | Description |
|---|---|
| PRIVATE (default) | Survey is not listed in the OpiScopeDirectory. Only people with the link can participate. |
| DIRECTORY | Survey is listed in the OpiScopeDirectory. Anyone can discover and participate. |
11.2 Publication of Results
If you choose to publish results (e.g., on the OpiScopeDirectory), you must:
- Aggregate results to prevent individual identification (minimum threshold: [specify — e.g., 30 responses])
- Not publish individual-level data without explicit consent
- Clearly label published results as "preliminary" or "final" as appropriate
- Include methodology disclosures (sample size, dates, sampling method) per AAPOR/ESOMAR standards
11.3 Aggregation Thresholds
To protect respondent privacy:
- Results will not be displayed publicly until your survey reaches the minimum response threshold ([specify number])
- Cross-tabulations are subject to higher thresholds to prevent re-identification
- You may set higher thresholds than the platform minimum
12. AI Interpretation (AskOpiScope)
12.1 AI-Powered Analysis
If you use AskOpiScope (AI interpretation of survey results), you acknowledge that:
- AI interpretations are generated by artificial intelligence, not human analysts
- AI outputs should be reviewed and validated by a human before being cited or published
- AI interpretations are not a substitute for professional research analysis
- AI may make errors or produce biased outputs
12.2 AI Data Usage
- Survey data used for AI interpretation is processed in accordance with the Platform Privacy Policy
- AI interpretation features are opt-in; you control whether to use them
- You may disable AI interpretation at any time
13. Data Processing Agreement
13.1 Scope of Processing
OpiScope processes the following on your behalf:
- Survey content (questions, options, logic)
- Respondent responses
- Survey metadata (creation date, status, visibility)
- Aggregated analytics
13.2 OpiScope's Obligations as Processor
We agree to:
- Process respondent data only on your documented instructions
- Implement appropriate security measures (encryption, access controls)
- Notify you of any data breaches affecting respondent data within 72 hours
- Assist you in responding to data subject requests
- Delete or return respondent data upon termination of your account
- Make available information necessary for audits or compliance verification
13.3 Subprocessors
OpiScope uses subprocessors for survey data processing. The current list is available at [URL]. We will notify you of any changes.
14. Prohibited Uses
You must NOT use OpiScopeSurvey to:
- Conduct non-research activities disguised as surveys (sales prospecting, lead generation, political campaigning, fundraising)
- Collect Sensitive Data without explicit consent and INPDP authorization
- Target children without verifiable parental consent
- Collect data you have no legal right to collect
- Violate any applicable law or regulation
- Infringe intellectual property rights
- Harass, threaten, or harm participants
- Re-identify anonymous respondents
- Share individual-level response data without respondent consent
- Fabricate or manipulate data
15. Flagging and Reporting
15.1 Right to Flag
Any person may flag a survey for violation of:
- These Product Terms
- The Platform Privacy Policy or this Product Privacy Notice
- Applicable Tunisian law (including INPDP rules)
- Research ethics codes (AAPOR, ESOMAR)
15.2 Flag Categories
| Category | Examples |
|---|---|
| INPDP violation | No prior declaration, sensitive data without authorization, cross-border transfer without authorization |
| Privacy policy violation | Data collected beyond what's disclosed, no consent mechanism, no retention period stated |
| ToS violation | Survey used for spam, fraud, illegal purpose, harassment |
| Sensitive data | Collecting health/religion/politics without INPDP authorization |
| Misleading content | Survey pretends to be academic but is commercial, fake authority claims |
| Harassment/discrimination | Questions target a protected group, hate speech |
| Minor protection | Survey collects data from children without parental consent |
| Fabrication | Fake survey (no real purpose, just collecting emails for spam) |
15.3 How Flags Are Handled
1. Automated triage — flags are categorized by severity (CRITICAL, HIGH, STANDARD)
2. Publisher notification — you are notified of the flag and given an opportunity to respond
3. Response period — you have [7/14] days to respond depending on severity
4. Escalation — if you don't respond or the flag is validated, OpiScope may pause the survey, revoke your Verified Badge, or suspend your account
5. INPDP reporting — for confirmed INPDP violations, OpiScope may report to INPDP
15.4 Account Status After Flagging
| Severity | Immediate action | If publisher doesn't respond | If flag is validated |
|---|---|---|---|
| CRITICAL | Survey paused | Account placed In Review | Badge revoked, survey suspended |
| HIGH | Publisher notified | Survey paused after 7 days | Badge revoked, warning |
| STANDARD | Publisher notified | Warning after 14 days | Warning, flag record kept |
16. Intellectual Property
16.1 Your Content
You own your survey content (questions, options, survey design). You retain all rights to your intellectual property.
16.2 License to OpiScope
By creating a survey, you grant OpiScope a limited license to:
- Store and display your survey as needed to provide the service
- Use anonymized, aggregated data for platform improvement and research ethics purposes
16.3 Respondent Data
Respondent data belongs to the respondents. You have a license to use it for the purposes disclosed in your privacy notice.
17. Liability & Indemnification
17.1 Disclaimer
OpiScopeSurvey is provided as a tool. We do not guarantee:
- Any specific response rate
- Accuracy of responses (respondents may provide false information)
- Fitness for any particular research purpose
- That the product meets any specific professional or regulatory standard
17.2 Your Liability
You are responsible for:
- The content of your surveys
- Your compliance with data protection laws
- Your ethical conduct of research
- Any claims arising from your use of respondent data
17.3 Indemnification
You agree to indemnify OpiScope against claims arising from:
- Your violation of these Product Terms
- Your violation of applicable laws (including data protection laws)
- Your violation of research ethics codes
- Your survey content or use of respondent data
18. Termination
18.1 By You
You may stop using OpiScopeSurvey at any time. Your Platform account remains active unless you close it.
18.2 By Us
We may terminate your access to OpiScopeSurvey if:
- You violate these Product Terms
- You violate research ethics codes
- You engage in data fabrication
- You collect Sensitive Data without proper authorization
- Your account is suspended under the Platform Terms
18.3 Effect of Termination
Upon termination:
- You may export your survey data within 30 days
- After 30 days, we will delete your survey data
- Your Platform account remains active (unless separately terminated)
19. Changes to These Product Terms
We may update these Product Terms from time to time. Material changes will be notified at least 30 days in advance via email and in-platform notification. Continued use after changes constitutes acceptance.
20. Governing Law
These Product Terms are governed by Tunisian law, including:
- Organic Law No. 2004-63 (data protection)
- Law No. 2000-83 (electronic commerce)
- Other applicable Tunisian regulations
- AAPOR Code of Professional Ethics and Practices
- ICC/ESOMAR International Code
21. Contact
| Purpose | Contact |
|---|---|
| Product support | [survey-support@opiscope.com] |
| Privacy inquiries | [privacy@opiscope.com] |
| Ethics concerns | [ethics@opiscope.com] |
| Legal | [legal@opiscope.com] |
22. Relationship to Platform Terms
These Product Terms supplement the OpiScope Platform Terms of Service. Together, they form the complete agreement for your use of OpiScopeSurvey.
In case of conflict, these Product Terms govern for OpiScopeSurvey-specific matters. The Platform Terms govern for platform-level matters.This document is a draft. It must be reviewed by qualified Tunisian legal counsel before publication. It does not constitute legal advice.