Terms and conditions
1. Acceptance of the Terms and Conditions
Access to or participation in one of our market research services (hereinafter: “Market Research Activities”) and by extension, the use of the associated websites and/or platforms, is only possible if you (hereinafter: “Participant”, “you” or “your”) accept the following Terms and Conditions (hereinafter: “Terms and Conditions”).
Upon acceptance, these Terms and Conditions constitute your agreement with Eyeka SA, with registered office at 128 Rue La Boetie 75008 Paris, France and registered under the number 488 120 916 RCS Paris (hereinafter “Eyeka“, “we”, “us” or “our”).
“Market Research Activities” means the services we offer and that allow you as a Panel Member or Participant to take part in a survey, panel, community (e.g. Square), interview or any other form of market research activity facilitated by Eyeka. Additional terms and conditions may apply to certain Market Research Activities. Before you make use of or participate in one of our Market Research services, these additional terms and conditions, of which you are also notified, form an integral part of these Terms and Conditions.
2. Membership or participation
Membership or participation in Market Research Activities is of course always on a voluntary basis. Membership may be required for participation in one of our Market Research Activities (e.g. Future Talkers). Membership or participation is in any case excluded for minors. “Minors” means persons under the age of 13 (or older if this is stipulated by national law).
Where you need to create an account for your membership, you agree to provide truthful, accurate, current and full information about yourself as requested on the registration form. Unless otherwise stipulated, it is not permitted to have multiple active accounts or multiple ways to take part for a specific Market Research Activity.
3. Acceptable use and responsibility
We encourage thoughtful participation, truthful answers and informed sharing through respectful and appropriate submissions (hereinafter: “Submissions”).
“Submissions” means: all answers, comments, feedback, suggestions, ideas and other communications published, submitted or directly/indirectly offered to the panel, a specially appointed third party or via any other channel (online surveys, websites and/or platforms) as a result of your membership or participation in one of our Market Research Activities.
You are and remain in any case responsible for your Submissions during your membership or participation in our Market Research Activities and during use of the associated websites and/or platforms. Eyeka can in no case be held liable for Submissions from other Participants.
You will refrain from Submissions that are or could be inappropriate, illegal or otherwise harmful to Eyeka and other Participants.
Under no circumstances shall you use the websites and/or platforms to advertise or sell products, services or otherwise (for profit or not), nor shall you contact other Users for this purpose. Commercial use of the websites and/or platforms or their content is in any case prohibited.
You must declare that your Submissions do not breach and/or conflict with any right of a third party or any national or international regulations including but not limited to (i) copyright, patents, trademarks or other intellectual property rights; (ii) rights to privacy (specifically you may not publicise the personal data of others of any kind without his/her express permission) or disclosure; (iii) an obligation of confidentiality.
Since we operate in a highly regulated sector where we have to comply with certain laws and regulations, we reserve the right to monitor, assess and , if necessary, immediately delete all Submissions without giving any reason.
You shall always strive for confidentiality during your membership or participation in one of our Market Research Activities but also after the possible termination thereof.
“Confidentiality” means that you will not disclose the information, data or Submissions of others, will not allow third parties access to it, and will not publish, reproduce or utilise it in any other way. Only information that you can legitimately obtain via a channel other than membership or participation in a Market Research Service, or which is in the public domain, is not covered by this duty of confidentiality.
Where you are granted an account for your membership or participation in a Market Research Activity and you are issued with a password for this, you will not disclose this to another person and you will not grant another person access to the websites and/or platforms via your personal account linked to our Market Research Activities.
5. Liability and compensation
You are personally liable for breaches by you of these Terms and Conditions and of any national or international regulations of any kind including but not limited to (i) copyrights, patents, trademarks or other intellectual property rights; (ii) rights to privacy or publicity; (iii) a duty of confidentiality.
You agree, if necessary, to defend, compensate and indemnify Eyeka, its administrators, directors, employees, consultants, its affiliated companies, business partners, representatives or any other third party involved (collectively, the “Exempted Parties”), for all damages, costs, debts and losses of whatever nature (including and not limited to any legal costs), arising directly or indirectly from the breaches you have committed.
You agree that you will do everything possible to cooperate with us in defending any of these issues. We reserve the right, at your expense, to accept the exclusive defence and control of any matter for which indemnification may be required of you.
6. Reward system
If a reward programme is linked to a Market Research Activity, then the terms and conditions will be communicated separately and these may differ for each research activity.
7. Privacy and communication
The Submissions that are notified as a result of your membership or participation in one of our Market Research Activities will be processed in the research results relating to the product or service that is the subject of that Market Research Activity and according to the objectives of that Market Research Activity.
Some Market Research Activities (e.g. Square) operate via a public communication platform. Content that you post on such a platform can be consulted by numerous people. Please note that when you send information, and in particular personal data, to this platform, this information cannot be consulted solely by us but also by other Participants. As far as the latter is concerned, we cannot guarantee any further use or any other form of processing. You provide such information at your own risk.
8. Intellectual property
Unless otherwise stated, all materials, including and not limited to all text, design, suggestions, images, photos, videos, audiovisual works, ideas (including but not limited to product and advertising ideas), expressions of ideas (hereafter jointly: “Content”) are the property of Eyeka or other third parties who may own these intellectual property rights. Unless expressly stated, you will not be granted permission to use or reproduce the Content as shown in our Market Research Activities and on the related websites and/or platforms. All intellectual property rights are explicitly reserved.
By communicating a Submission, you represent and warrant that the Submission and your communication about it will comply with the requirements under these Terms and Conditions and that you own or hold the necessary rights, licences, authorisations and approvals.
9. Termination of your membership or participation
The Terms and Conditions are effective (i) for as long as you are a member of or participate in one of our Market Research Activities; or (ii) until your membership or participation is terminated by you or by us.
If you wish to end your membership or participation, you can always contact us. In addition, you can also deactivate your account yourself or unsubscribe from our invitations via the unsubscribe link provided in each email.
We reserve the right to withdraw or refuse your membership or participation and access to the websites and/or platforms associated with our Market Research Activities if you do not comply with the Terms and Conditions.
Although we take the necessary care when compiling, providing and maintaining our Market Research Activities and the related websites and/or platforms, we cannot guarantee the accuracy, reliability, topicality or any other aspect of the information provided (advice, opinion, statement, etc.). Nor can we guarantee the proper functioning and availability of the websites and/or platforms.
Eyeka cannot be held directly or indirectly liable for any direct or indirect damage due to (i) the malfunction, temporary or permanent unavailability of the websites and/or platforms or (ii) which might result from access to or use of the websites and/or platforms or the content or information provided there.
We do not have a duty to keep the information on the websites and/or platforms up to date and we reserve the right to take the websites and/or platforms offline without notice.
We reserve the right unilaterally to amend these Terms and Conditions. We encourage you to consult these Terms and Conditions regularly. If you do not agree with an amendment to these Terms and Conditions, you can always terminate your membership or participation.
In the event that any provision of the Terms and Conditions is declared invalid, unlawful or unenforceable under any law or public order regulation, such provision shall be excluded to the extent that it is invalid or unenforceable, and the remaining provisions shall remain in full force.
13. Applicable law
The Terms and Conditions are exclusively managed and interpreted in accordance with Belgian law, without due regard for conflicting legislation or the principles of choice of jurisdiction. Any dispute in connection with these Terms and Conditions, your membership or participation in our Market Research Activities or the use of the associated websites and/or platforms will be definitively settled by the competent courts of Paris, France.
14. Do you have any comments or questions?
If you have any questions or comments regarding these Terms and Conditions you can always contact us via firstname.lastname@example.org.