Terms of Service and Privacy Notice

1. Scope of Agreement

2. Data Collection and Purpose

3. Lawful Basis for Processing

We process your personal data based on one or more of the following lawful bases (as defined under GDPR or other applicable data protection regulations):

• Consent: You have explicitly given consent for us to process your personal data for specific purposes (e.g., receiving Survey results or updates).
• Legitimate Interests: Processing is necessary for our legitimate interests in improving the Survey, conducting research, and providing relevant information, provided these interests are not overridden by your fundamental rights and freedoms.

Additionally, we have conducted a Legitimate Interest Assessment (LIA) to ensure compliance with data protection regulations.

4. Data Sharing and Disclosure

We do not sell, rent, or trade your personal data to third parties. We may share data with RSM member firms or service providers who assist us in conducting the Survey or research, but only in anonymized and aggregated formats, without personally identifying you.

Aggregated Survey findings—without personal identifiers—may be publicly shared as part of our broader analysis of AI & Generative AI adoption across industries and may be shared with participating member firms for further statistical analysis and research.

5. International Data Transfers

Where relevant (e.g., if you or our member firms are located outside Chile, the United Kingdom, or the European Economic Area), your personal data may be transferred and stored internationally, including in the United States, where some of our service providers (such as hosting platforms and databases) are located.

When transferring your data internationally, we ensure that appropriate safeguards—such as Standard Contractual Clauses (SCCs) or other approved mechanisms—are in place to protect your privacy and comply with applicable regulations.

6. Data Retention

We retain your personal data only as long as necessary to fulfill the purposes outlined in these Terms or as required by law. Anonymized and aggregated data used for research or benchmarking may be retained for longer periods without further notice.

7. Your Rights

In accordance with applicable privacy regulations (such as GDPR), if you are in a jurisdiction that grants privacy rights, you may exercise the following rights regarding your personal data:

• Right to Access: You can request a copy of your personal data.
• Right to Rectification: You can request the correction of any inaccuracies in your data.
• Right to Erasure (Right to be Forgotten): In certain circumstances, you can request the deletion of your personal data.
• Right to Restrict Processing: You can request to limit how we process your data in specific situations.
• Right to Data Portability: You can request that we provide your data in a structured, commonly used, machine-readable format.
• Right to Object: You can object to data processing under certain conditions.
• Right to Withdraw Consent: If processing is based on your consent, you have the right to withdraw it at any time.

To exercise any of these rights, please contact us at genai.survey@rsmchile.cl. We may require identity verification before processing your request.

8. Security Measures

We implement appropriate technical and organizational measures to protect your personal data against misuse, unauthorized access, alteration, disclosure, destruction, as well as accidental or unlawful loss, damage, or access. We work to ensure the confidentiality, integrity, and availability of your personal information.

9. Intellectual Property

All Survey content, including (but not limited to) questions, design, and structure, is our intellectual property (or is used under an appropriate license). You agree not to reproduce, distribute, or create derivative works from the Survey content without our express written permission. We reserve all rights not expressly granted in these Terms.

10. User Conduct

You agree to provide accurate and truthful information to the best of your ability. You must not submit fraudulent or malicious responses. We reserve the right to disqualify any entries that appear to violate these Terms. Keeping responses genuine helps ensure the validity and reliability of our research on AI & Generative AI adoption.

11. Disclaimer

Liability Disclaimer and Limitation

The information obtained from the Survey is for informational purposes only and does not constitute financial, legal, or other professional advice.

RSM Chile does not guarantee the accuracy or completeness of the data and assumes no liability for any damages or losses arising from participation in the Survey or the use of its information. To the extent permitted by law, any risk associated with its use is solely assumed by the participant.

12. Changes to These Terms

We reserve the right to modify or update these Terms at any time. When changes are made, the "Last Updated" date at the top of this page will be revised. Your continued participation following any modifications constitutes your acceptance of the updated Terms.

13. Contact Information

If you have any questions or concerns regarding these Terms or our data practices, please contact us at: 📧 genai.survey@rsmchile.cl