Part 1: Participation Terms and Conditions

1. Other terms

1.1. These Participation T&Cs operate in addition to any other agreement between you and the Company from time to time and the terms of our Privacy Notice.

1.2. The ways in which you can use the platform through which we carry out the Research Project may also be subject to any terms of use from time to time (e.g. from our platform provider).

2. Your obligations as a participant

2.1. Through the platform via which we operate the Research Project (the “Platform“), you agree to submit qualitative answers to the questions that we ask (“Responses“). Your Responses may be in the form of written, interactive, audio or audio-visual submissions (as instructed to you in the platform).

2.2. You agree to submit your Responses:

2.2.1. in a reasonable time, and in any case within any time limits notified to you;

2.2.2. in the case of written Responses, in a legible and comprehensive manner;

2.2.3. in the case of audio-visual Responses, with a high degree of video and audio quality;

2.2.4. in reasonable detail;

2.2.5. genuinely, so that each Response is your bona fide response to the question asked or statement posed;

2.2.6. without including anything which is or may be defamatory, offensive or unlawful and in accordance with clauses 3 and 4.4; and

2.2.7. in accordance with any other requirements or instructions which may be communicated to you from time to time, including via the platform.

3. Your eligibility

3.1. You may require a computer system or device with a minimum specification in order to participate in the Research Project. It is your responsibility to check that you are able to access the platform and submit Responses. If you do not have a compatible device then you may be unable to participate in the Research Project or claim any Rewards.

3.2. By accepting these terms, you represent and warrant that you:

3.2.1. have the power and authority to enter into and be bound by these terms;

3.2.2. shall use the platform and submit Responses only as permitted by these terms and any applicable laws;

3.2.3. are participating in the Research Project as an individual and in a non-commercial capacity;

3.2.4. are eighteen years of age or older.

4. Security and privacy

4.1. We only use any personal data we collect through your participation in the Research Project in the ways set out in our Privacy Notice.

4.2. Whilst the Company takes measures to ensure the integrity and security of data, please be aware that internet transmissions are never completely private or secure and that any information you include in your Responses or otherwise send us may be read or intercepted by others, even if encrypted.

4.3. Where possible, you are advised not to reveal any information which identifies you, or could be used to identify you. Where you do need to disclose personal information, try to do so without being too specific. For example, if age is a factor in your Responses, you should say “I am in my thirties” rather than provide your full date of birth, or if location is important to your Response, disclose the general area and not your specific town or address.

4.4. You are encouraged only to provide us with special categories of personal data voluntarily (and we only process that data with your consent). You must not provide us with any personal data concerning children or criminal convictions. For more information, see our Privacy Notice.

5. Rewards

5.1. The Company will pay you the amount agreed with the Recruiter in consideration for your Responses (the “Reward“).

5.2. Your entitlement to any Rewards shall be conditional on your full and timely performance of your obligations under these Participation T&Cs. Most notably (but without prejudice to the generality of the foregoing), payment of the Reward will be conditional on you having submitted all applicable Responses and on such Responses complying with the requirements of clause 2 to the Company’s reasonable satisfaction.

5.3. The Company will make payment within 7 business days of the later of: (i) the completion of the Research Project; or (ii) the conditions referred to in clause 2 above having been satisfied. Payment may be delayed if you do not provide the Company with your payment details and any other information reasonably requested by the Company in order to make payment.

5.4. The Company may void any Rewards, or potential Rewards you may have earned or accumulated, if we determine in our sole discretion that you have not complied with these terms or that you are engaged in any activity which attempts to take advantage of the Company or unfairly claim a Reward (for example, submitting plagiarised Responses).

5.5. We shall not be responsible for, nor shall we be obligated to Reward you for, any Response that is not properly recorded, submitted and/or approved by the Company (acting reasonably) from time to time.

5.6. Any Rewards or rights to Rewards may be revoked in appropriate circumstances if we discover or reasonably suspect that the terms of this clause 5 have not been complied with.

5.7. Rewards are non-transferable and cannot be traded, sold, licensed, or pooled with any other participant’s Rewards.

5.8. The Company reserves the right to ask you for any anti-money laundering or identification documents and information as it may reasonably require before making payment of any Rewards. Failure to provide such information shall constitute a waiver of any Rewards.

5.9. The Company will make payment of the Reward to a bank account in the UK nominated by you, a PayPal account nominated by you, or such other method as we may agree. Payment by the Company of any Reward amount to an account designated by you shall discharge the Company’s obligation to make payment of that Reward, whether or not it is actually received by you. You must ensure that any payment details you give us are accurate and up-to-date. Any fees for the transfer of the Reward amount will, unless otherwise agreed, be borne by you.

5.10. If you drop out or fail to complete the Research Project (and submit all Responses required) then you will not be entitled to, and will be deemed to have waived and forfeit, any and all rights to the Reward. However if the Company (acting reasonably and in good faith) determines that your failure to complete the Research Project was due to an unforeseeable event or circumstance outside of your reasonable control that had a material adverse effect on your ability to complete the Research Study (such as illness), the Company will pay you a pro-rata amount of the Reward that is proportional to the stages of the Research Project that you had completed prior to such event or circumstance. 

5.11. If you are invited, at the end of the Research Project, to take part in a telephone interview with the Company, the Company may agree to pay you an additional payment. The same conditions and payment terms will apply to that payment as apply to the Reward.

6. Tax

6.1. You acknowledge and agree that you are responsible for any and all taxation and similar liabilities arising from or associated with any Rewards. It is your responsibility, to account for and determine the tax consequences of any Rewards you receive.

7. Restrictions

7.1. We are giving you a personal right to participate in the Research Project as set out in these terms. You may not transfer or sublicense that right to anyone else, whether for money, for payment in kind or for free. Your Responses must be your own.

7.2. You agree that you will:

7.2.1. not translate, merge, adapt, vary, alter or modify, the whole or any part of the platform or Research Project;

7.2.2. not disassemble, de-compile, reverse engineer or create derivative works based on the whole or any part of the Research Project or the platform;

7.2.3. comply with all applicable laws and not use the platform or submit Responses in any unlawful manner, for any unlawful purpose, or in any manner inconsistent with these terms, or act fraudulently or maliciously, for example, by hacking into or inserting malicious code, such as viruses, or harmful data, into the platform or any operating system;

7.2.4. not infringe our intellectual property rights or those of any third party;

7.2.5. not interact with the platform or submit Responses in a way that could damage, disable, overburden, impair or compromise our systems or security or interfere with other users;

7.2.6. not collect or harvest any information or data from the platform or our systems or attempt to decipher any transmissions to or from the servers or databases running or communicating the Research Project;

7.2.7. not use any service or software which manipulates your equipment or the platform to distort data or otherwise interfere with our systems, including “auto” or “macro” software programs, web crawlers and scrapers, exploiting any error, miscue or bug that gives an unintended advantage, or other script, exploit or cheat utility programs or applications; and

7.2.8. not use the platform in any manner which is, or may be reasonably be suspected as being, fraudulent, deceptive, or unlawful, as determined in our sole and absolute discretion. Without prejudice to the generality of the foregoing, this may include:

7.2.8.1. accessing (or attempting to access) any of our services other than through the platform;

7.2.8.2. maintaining or using any false identity or multiple identities or providing false or misleading identity information;

7.2.8.3. attempting to obtain account information, passwords or other private information from other participants; and

7.2.8.4. violating any applicable laws or regulations, or promoting or encouraging any illegal or unauthorised activity.

8. Intellectual property

8.1. All intellectual property rights in the platform and the Research Project belong to us (or our licensors) and you are granted a limited, non-exclusive, revocable, non-transferable sub-license to use the same solely for the purposes of performing your obligations to participate in the Research Project. You have no intellectual property rights or other rights in, or to, the platform or the Research Project other than the right to use them in accordance with these terms.

8.2. All Responses, and any data therein which we lawfully acquire (in accordance with these terms and our Privacy Notice) will belong to the Company and may be used by the Company for any lawful purpose.

8.3. You hereby assign to us, with full title guarantee and free from all encumbrances, including by way of future assignment of copyright where applicable, all intellectual property rights in and to your Responses including the medium and media by and through which the Responses are held and transmitted.

8.4. You acknowledge that if your Response takes the form of audio-visual content, this may include your image, likeness, and recordings of your person and voice and you hereby grant us all necessary rights and licenses in and to the same to make full use of the Responses (including by granting access to the Responses to our client(s) and for us to compile research reports using the Responses).

8.5. You warrant and represent that your Responses will not contain anything which infringes the intellectual property rights of any third party.

9. Our liability, and limitations on our liability

9.1. Subject to the terms of this section 9, if we fail to comply with these terms, we are responsible for loss or damage you suffer that is a foreseeable result of our breaking these terms, but we are not responsible for any loss or damage that is not foreseeable. Loss or damage is foreseeable if either it is obvious that it will happen or if, at the time you accepted these terms, both we and you knew it might happen.

9.2. The platform may contain links to other websites, apps, products or services which are not provided by us and are not under our control. We are not responsible for and have not checked and approved such content or their privacy policies (if any), and cannot be held liable for the same.

9.3. If defective digital content that we have supplied damages a device or digital content belonging to you, we may be liable to repair the damage or pay you compensation. However, we will not be liable for:

9.3.1. damage caused or exacerbated by your unauthorised use of or tampering with the platform;

9.3.2. damage that you could have avoided by applying any update or patch offered by us or your web browser or operating system from time to time; or

9.3.3. for damage that was caused by you failing to correctly follow instructions or to have in place the minimum requirements advised by us.

9.4. We are not liable for business losses. You have warranted to us that you are participating in the Research Project as an individual in a non-commercial capacity.

9.5. The platform and the information contained on it and questions asked through it are provided for general information and opinion gathering purposes only to enable us to perform data analysis and offer our goods and services to our clients. Such information may not be complete, up to date, truthful or verified. It is not endorsed by us and it does not constitute advice or recommendations of any kind. You must place no reliance on such information.

9.6. Please back-up content and data (including Responses) where possible, as we cannot be liable for any loss of data.

9.7. We are not responsible for events outside our control. If our provision of the platform or support for the Research Project is delayed by an event outside our control (for example, due to any action of our third party service providers) then we will contact you as soon as possible to let you know and we will take steps to minimise the effect of the delay. We will not be liable for delays caused by the event.

9.8. We do not exclude or seek to limit in any way our liability to you where it would be unlawful to do so. This includes liability for death or personal injury caused by our negligence or the negligence of our employees, agents or subcontractors or for fraud or fraudulent misrepresentation.

10. Breach of these terms

10.1. We may end your rights under these terms at any time if you have broken these terms in a serious way. If what you have done is immaterial and can be put right we will give you a reasonable opportunity to do so.

11. General

11.1. Even if we delay in enforcing this contract, we can still enforce it later. If we do not insist immediately that you do anything you are required to do under these terms, or if we delay in taking steps against you in respect of your breaking this contract, that will not mean that you do not have to do those things and it will not prevent us taking steps against you at a later date.

11.2. Each of the sections and sub-sections of these terms operates separately. If any court or relevant authority decides that any of them are unlawful, the remaining paragraphs will remain in full force and effect.

11.3. This agreement does not give rise to any rights under the Contracts (Rights of Third Parties) Act 1999 or otherwise to enforce any term of this agreement.

11.4. We may transfer our rights and obligations under these terms to another organisation. We will always tell you in writing if this happens and we will ensure that the transfer will not affect your rights under the contract. You may only transfer your rights or your obligations under these terms to another person if we agree in writing.

12. Jurisdictions and governing law

12.1. These terms are governed by English law. You agree that any dispute between you and us regarding these terms will only be dealt with by the English courts.

Part 2: Privacy Notice

1. Introduction

1.1. The Company respects your privacy and is committed to treating any information that we obtain about you with as much care as possible and in a manner that is compliant with all applicable data protection legislation including the EU General Data Protection Regulation 2016/679 (“GDPR“) and the Data Protection Act 2018 (collectively, “Data Protection Legislation“).

1.2. Please read this Privacy Notice carefully. Among other things, it explains:

1.2.1. what personal data we may collect about you in connection with your participation in the Research Project (including your Responses);

1.2.2. how we collect, store, disclose, transfer, protect and otherwise process that personal data (and for what purposes); and

1.2.3. other important information, such as the lawful basis or bases by which we process your personal data, how long we retain your personal data, and the rights you have in relation to the personal data we hold about you.

2. Introduction

2.1. We collect personal data about you when you:

2.1.1. access and use our platform and submit Responses;

2.1.2. register for an account with us or register your interest in participating in a Research Project;

2.1.3. contact us (whether in writing, by email, by telephone or otherwise);

2.1.4. claim any Reward;

2.1.5. request technical support or other customer care support; or

2.1.6. otherwise interact with us in connection with the Research Project.

2.2. Where lawful, we may also obtain personal data from third parties or public sources (for example, the open electoral register or credit reference agencies) and we may process that information where it is an essential component of our products and services.

2.3. The type of personal data we process may include (if and as applicable):

2.3.1. the basic contact information you provide when becoming a participant (being your name, user name, email address, postal address and telephone number);

2.3.2. information that you choose to include in your Responses (where your Response takes the form of audio-visual content, this may include your image, likeness, and recordings of your person and voice);

2.3.3. information which you provide in any correspondence with us; and

2.3.4. payment information which you provide to us in order for us to fulfil Rewards.

2.4. We do not require you to provide, and you agree not to include in your Responses:

2.4.1. any personal information about criminal convictions and offences; or

2.4.2. any personal information about children under the age of 18.

2.5. You acknowledge and agree that any special categories of personal data (including details about your race or ethnicity, religious or philosophical beliefs, sex life, sexual orientation, political opinions, trade union membership, information about your health and genetic and biometric data) is provided by you voluntarily and with your consent.

3. The purposes for which we process your personal data

3.1. We use the personal data referred to in paragraph 2 above for the purposes of (if and as applicable):

3.1.1. coordinating and undertaking the Research Project, including obtaining, collating, analysing and reporting the results of the Research Project (which may include some or all of your Responses);

3.1.2. providing you with access to our products and services (including the ability to use the platform and earn Rewards);

3.1.3. processing Reward payments;

3.1.4. internal training and other internal uses to improve our services and customer experience;

3.1.5. responding to any correspondence from you including enquiries, comments, complaints and request for technical assistance;

3.1.6. market research and demographic studies; and

3.1.7. otherwise carrying out our business activities in circumstances where you ought reasonably to have an expectation that we will process your personal data for a particular purpose (including as may be provided for in the Participation T&Cs).

3.2. We may process your personal data for the purposes set out in paragraph 1 ourselves or in conjunction with our third party service providers (in accordance with paragraph 6).

4. The lawful bases by which we process your personal data

4.1. We may process your personal data as may be necessary or desirable in order to perform our obligations and exercise our rights under this agreement (including the Participant T&Cs).

4.2. We may also need to process certain personal data to comply with any applicable laws or regulations.

4.3. Occasionally, processing your personal data may be permitted on the grounds of pursuing the legitimate interests pursued by us or third parties, particularly in relation to furtherance of the Research Project and related projects. These legitimate interests include the purposes identified above in paragraph 1.

4.4. We do not usually rely on your consent as a lawful basis for processing your personal data. An exception to this is where you choose to provide us with any sensitive data as described in paragraph 4.1 above. You are not required to provide any such special category personal data, but if you do:

4.4.1. you will be giving the Company your express, freely given consent to process it in accordance with the terms of this Privacy Notice; and

4.4.2 you may withdraw that consent at any time by contacting us (but the withdrawal of your consent shall not affect the lawfulness of processing based on consent before withdrawal or the lawfulness of processing based on other lawful grounds).

4.5. More information about our lawful bases for the key types of processing of your personal data is set out below:

 

Purpose/Activity Lawful basis for processing including basis of legitimate interest
To register you as a new participant Performance of a contract with you (the Participant T&Cs)
To obtain and process your Responses (a) Performance of a contract with you (the Participant T&Cs)
(b) Necessary for our legitimate interests (to carry out the Research Project)
(c) Consent (in relation to special categories of personal data)
To manage our relationship with you which will include:
(a) Notifying you about changes to our terms or privacy policy
(b) Asking you to submit a Response
(a) Performance of a contract with you (the Participant T&Cs)
(b) Necessary to comply with a legal obligation (if we need to notify you of changes to our terms)
(c) Necessary for our legitimate interests (to keep our records updated and to carry out the Research Project)
To enable you to receive Rewards (a) Performance of a contract with you (the Participant T&Cs)
(b) Necessary for our legitimate interests (to carry out the Research Project and keep our participants engaged)
To administer and protect our business and this website/platform (including troubleshooting, data analysis, testing, system maintenance, support, reporting and hosting of data) (a) Necessary for our legitimate interests (for running our business, provision of administration and IT services, network security, to prevent fraud and in the context of a business reorganisation or group restructuring exercise
(b) Necessary to comply with a legal obligation
To use data analytics to improve our website/platform, Research Projects, marketing, customer relationships and experiences Necessary for our legitimate interests (to define types of customers for our products and services, to keep our website updated and relevant, to develop our business and to inform our marketing strategy)

 

5. What if you refuse to provide us with any personal data?

5.1. You do not have to provide us with any personal data. However, where we need to collect personal data by law, or under the terms of an agreement we have with you (like the Participant T&Cs), and you fail to provide that data when requested, we may not be able to perform the contract or arrangement we have or are trying to enter into with you (for example, to provide you with the opportunity to participate in the Research Project and earn Rewards). This is because the collection of certain personal data is integral to our business and the Research Project.

6. Sharing information with affiliates and third parties

6.1. Our Clients

6.1.1. We are carrying out the Research Project on behalf of or in collaboration with one of our clients, a registered charity, and that client will have access to the results of the Research Project, including your Responses.

6.1.2. Due to the nature of the Research Project, you acknowledge and agree that we cannot tell you the identity of that client until all of your Responses have been obtained. This is because one of the aims of the Research Project is to measure and ascertain participants’ attitudes towards certain brands, and knowledge of who the underlying client is may cause bias or otherwise skew those results.

6.1.3. We will tell you who the client is at the conclusion of your participation in the Research Project.

6.2. From time to time, we will also need to share personal data with the following third party service providers who we engage to provide services which facilitate our business and who may need to process your personal data to the extent necessary to provide those services:

6.2.1. Barclays Bank or Paypal, in order to fulfil your Rewards;

6.2.2. inc, our platform provider;

6.2.3. any similar or replacement third parties from time to time.

6.3. We seek to ensure that any third party engaged by us who processes your personal data in connection with the purposes listed above has policies and procedures in place to ensure compliance with the Data Protection Legislation.

6.4. For any third parties that are based, or process data, outside of the EEA, we only engage such third parties in accordance with paragraph 7.

6.5. Unless otherwise disclosed to you from time to time, we will remain the data controller in respect of your personal data notwithstanding that third parties may be engaged as data processors.

6.6. We may also share your personal information with third parties where we are required to do so by law or regulation (such as in connection with an investigation of fraud or other legal enquiry) or in connection with other legal proceedings (including where we believe that your actions violate applicable laws, breach the Participant T&Cs, or threaten the rights, property, or safety of our Company, our users, or others).

7. International transfers of personal data

7.1. From time to time it may be necessary for us to transfer your information internationally. In particular your information may be transferred to and/or stored on the servers of the third parties identified in paragraph 6 which are based outside of the EEA.

7.2. However, we will not transfer your personal data outside of the EEA unless:

7.2.1. such transfer is to a country or jurisdiction which the EU Commission has approved as having an adequate level of protection (including to the USA where Privacy Shield compliant);

7.2.2. appropriate safeguards are in place as set out in Article 46 GDPR or equivalent provisions of other Data Protection Legislation; or

7.2.3. the transfer is otherwise allowed by applicable Data Protection Legislation (such as in the form of a derogation under Article 49 GDPR).

8. Your rights as a data subject

Subject to any conditions or requirements set out in the relevant Data Protection Legislation, you may have some or all of the following rights in relation to the personal data we hold about you:

8.1. the right to request a copy of your personal data held by us;

8.2. the right to correct any inaccurate or incomplete personal data held by us;

8.3. the right to request that we erase the personal data we hold about you;

8.4. the right to request that we restrict the processing of your data;

8.5. the right to have your personal data transferred to another organisation;

8.6. the right to object to certain types of processing of your personal data by us; and

8.7. the right to complain (please see paragraph 2 of this notice).

Please note however that these rights are not absolute in all situations and may be subject to conditions and provisos set out in relevant Data Protection Legislation. The Company cannot therefore guarantee that any request from you in connection with the rights set out above will be agreed to. For further information, or to see if you can exercise any particular right, please contact us. 

9. Storage and retention of your personal data

9.1. As a minimum, we need to store your data for as long as is necessary to enable us to complete and release/commercialise the results of the Research Project. However, we will retain certain of your personal data for longer if we think it is reasonably necessary to do so in the circumstances, taking into consideration factors such as:

9.1.1. our rights and obligations under the Participant T&Cs including our intellectual property rights in and to the Responses;

9.1.2. our legitimate interests in processing the data in order to further the Research Project or related Research Projects;

9.1.3. our need to answer any queries or resolve any problems you may have;

9.1.4. your continued consent to receive marketing and other emails and communications from us (if applicable);

9.1.5. your continued use of the platform;

9.1.6. our need to comply with legal requirements (e.g. relating to record keeping).

9.2. If you tell us that you would like to delete your account, we will take steps to delete all the personal data we hold about you once it is no longer necessary for us to hold it (e.g. to fulfil any outstanding Research Projects, resolve disputes, or as is permitted by applicable law or regulation). We may keep anonymised versions of your personal data and Responses.

9.3. For as long as we do store your data, the Company follows generally accepted industry standards and maintains reasonable safeguards to attempt to ensure the security, integrity, and privacy of the information you have provided. The Company has security measures in place designed to protect against the loss, misuse, and alteration of the information under our control. Personal data collected by the Company in connection with this notice is stored in secure operating environments that are not available to the public. Any Rewards are fulfilled according to the high security level provided by our payment processor.

9.4. We will notify you as soon as reasonably practicable if we have reason to believe that there has been a personal data breach by us which could adversely affect your rights and freedoms.

10. Links to third parties

10.1. The platform may link or redirect to other apps or websites that are beyond our control. Such links or redirections are not endorsements of such apps or websites or representation of our affiliation with them in any way and such third party content is outside the scope of this notice.

10.2. If you access such third party apps or websites, please ensure that you are satisfied with their respective privacy policies before you provide them with any personal data. We cannot be held responsible for the activities, privacy policies or levels of privacy compliance of any content operated by any third party.

11. Questions and complaints

11.1. For all questions or complaints about this notice, we would appreciate the chance to deal with your concerns before you approach the relevant data protection authority. Please contact us in the first instance.

11.2. You have the right to make a complaint at any time to the relevant supervisory authority for data protection issues, which in the UK is the Information Commissioner’s Office (ICO) (ico.org.uk).

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