Terms of service for Zymetria Research Portal
TERMS AND CONDITIONS – this set of provisions defining the terms and conditions of provision of services by electronic means by the Organiser, using the Portal, constituting the regulations within the meaning of the Act of 18 July 2002 on provision of services by electronic means.
ORGANISER – Zymetria Sp. z o.o. with its registered office in Warsaw, at Dobra Street 11 apt. 12/14, entered in the National Court Register kept by the District Court for the Capital City of Warsaw, XII Commercial Division, under number 000044388 and NIP no. 525-25-44-446.
PANEL – the community of internet users using the Portal, including those taking part in Surveys conducted by the Organiser, for whom the Organiser provides the services specified in these Terms and Conditions.
PORTAL – internet service available at https://research.zymetria.pl.
SURVEY – market and public opinion research conducted by the Organiser using the Portal and its functionalities. The purpose of the survey is to collect the Respondents’ opinions on the subject submitted to the Survey. The Organiser shall award points to the Respondent for participation in the Survey.
RESPONDENT – Panel member who participated in the Survey.
REGISTRATION FORM – a short form filled in during the registration process, enabling the collection of data about a given Internet user.
ACCOUNT – Respondent’s account created as a result of the registration process, used to manage Respondent’s profile, update data concerning the Respondent, communicate with the Respondent.
INVITATION – information about the possibility of participating in the Survey contained in an email message sent to the Respondent’s address indicated in the Registration Form. The invitation contains information about the subject of a given Study, the number of points that can be obtained for participation in it and the date on which the Study will expire.
AWARD PROGRAMME – all activities of the Organiser related to promoting participation in the Study, including the awarding of points to Respondents, the rules of which are described in the Promotional Programme Rules.
CONTENT – all materials created by the Respondent and posted on the Portal, in particular text entries, photographs, drawings, audio and video files.
2. GENERAL TERMS
- The Organiser provides, free of charge, the following services to the Panel Members:
- providing access to the Portal with its functionalities;
- enabling participation in the Panel;
- enabling participation in the Award Programme.
- The Organiser shall provide the services in accordance with generally applicable laws, in particular in accordance with the provisions of the Act of 18 July 2002 on the provision of services by electronic means and the Act on the protection of personal data of 29 August 1997, taking the utmost care to protect the privacy of Respondents.
- The Rules and Regulations are available on the website https://research.zymetria.pl and in the Organiser’s office. The Organiser is entitled to change the provisions of the Regulations for important reasons, resulting in particular from changes in generally applicable law or for technical reasons. In the event of amendments to the Regulations, the Organiser shall inform the Panel Members by publishing the consolidated text of the Regulations on the Portal and by sending an e-mail to the address given in the Registration Form. The amendment to these Regulations shall come into force with respect to the Panel Member within 7 days from the date of sending an e-mail message to his/her e-mail address.
- Participation in the Panel and the use of the Portal are voluntary. A Panel Member may resign from the services provided to him/her at any time, including his/her participation in the Panel by following the procedure specified in § 6 of the Regulations.
- The Panel Member is bound by the provisions of the Regulations.
- The provision of services by the Organiser is free of charge.
- A Panel Member may create only one Account on the Portal.
- The Panel Member may not transfer to other persons the rights to which he/she is entitled pursuant to the provisions of the Regulations, in particular he/she is not entitled to transfer to other persons the rights resulting from participation in the Promotional Programme.
- Correct use of the services provided by the Organiser is possible provided that the Panel Member’s ICT system meets the following minimum technical requirements, i.e:
- use of the latest versions of web browsers: Firefox, Google Chrome, Microsoft Internet Explorer, Opera with installed software to support Java Script and Java applets;
- the use, in certain cases, of Flash 4 or later, Quicktime, Acrobat Reader and decompression software;
- your consent to the installation of cookies.
3. JOINING THE PANEL
- The Panel Member may be an adult individual who is a citizen of the Republic of Poland or has permanent residence on the territory of the Republic of Poland and has at least limited legal capacity. In the case of persons under the age of 18, participation in the Panel may only take place with parental consent.
- Neither employees of the Organiser nor persons collaborating with the Organiser or providing services to the Organiser, irrespective of the legal basis of the collaboration (collaborators), as well as relatives and relations by affinity of employees and collaborators of the Organiser, may be members of the Panel.
- An Internet user may become a Panel Member after registering, which consists of:
- filling in the Registration Form enclosed in the e-mail message, which the Internet User has previously agreed to receive by providing his/her e-mail address, with real data;
- consenting to the processing of personal data by the Organiser and to the receipt by means of electronic communication of information concerning the Surveys and other services provided by the Organiser, including Invitations;
- consenting to and allowing the installation of cookies by selecting the relevant settings of the internet browser;
- activation of the Account by logging in for the first time after receiving an email from the Organiser with a link to the login page.
- The registration process is considered to be successfully completed after the first login of the respective Internet user.
- Once the Account has been activated, the Panel Member may receive, by e-mail, invitations to participate in the Survey.
- The frequency with which Invitations are sent is linked to the profile of the Panel Member in question, which is defined on the basis of the data indicated in the Registration Form and according to current demand. The Invitation should include: the subject of the Survey, the number of Points to be gained for participating in the Survey and the expiry date of the Survey.
- The Organiser does not guarantee that Panel Members will receive Invitations.
- The Respondents’ participation in the Survey shall consist in the performance, through the functionalities of the Portal, of the tasks specified by the Organiser, in particular providing answers to the questions asked, communicating freely in writing on a given topic, and submitting original photographs.
- The Respondent participating in the Survey undertakes to provide truthful answers and not to provide objectively illogical or nonsensical answers.
5. TERMS AND CONDITIONS OF USE
- The content posted by Panel Members on the Portal must not infringe the generally applicable legislation.
- It is unacceptable to place content on the Portal that is unlawful, incites racial, religious or ethnic hatred, promotes violence and is generally considered morally reprehensible, socially inappropriate or violates the rules of ethical speech (vulgarisms, invectives).
- It is unacceptable to use the Portal in a manner that is contrary to these Terms and Conditions, in particular:
- in a manner that violates or infringes the rights of third parties;
- with the use of viruses, files or programs designed to disrupt, destroy or limit the functionality of computer equipment or telecommunications devices used to operate the forum or belonging to other users;- in a manner intended to induce other users to engage in chain letters, pyramid schemes, advertising for illegal products or services, or any other advertising or marketing activities which are unlawful and against the advertising industry’s rules;
- in a manner that is misleading or encourages illegal activities, including obtaining financial gain or personal information from third parties; or
- in a defamatory, defamatory, offensive, harassing, damaging or invasive of the privacy of others;
- in a manner that promotes hatred or discrimination based on race, colour, sex, religion, nationality, ethnic or national origin, marital status, disability, sexual orientation, age or other personal characteristic;
- impersonate others or falsify personal information;
- in a manner that interferes with the proper operation of the Portal or prevents other Panel Members from using the Portal;
- using robots, scripts or spiders to access and manage any Account of another Panel Member or to monitor or copy the contents of the Portal;
- in a manner that facilitates the illegal distribution of copyrighted content;
- using a TOR browser or through a Virtual Private Network (VPN).
- in a manner that discloses personal information/data about another person without that person’s prior consent.
- The Panel Member undertakes to:
- not use the Portal to stalk or harass other Panel Members or third parties;
- not collect, use or disclose data, including personal data, about other Panel Members in an unlawful manner;
- not to gain access to logins, passwords or other credentials of other Panel Members;
- not to publish content that contains pornography or other content related to nudity;
- not to publish content that contains scenes of rape, extreme violence, murder, bestiality, incest and other similar content.
- Links to other sites on the Portal are provided for information purposes only. The Organiser has no control over the content of these sites and is not responsible for their content. The Organiser is also not responsible for any loss or damage that may arise from the use of these sites by Panel Members.
- You must not upload viruses, trojans or other material that is technologically harmful to the Portal. You must not attempt to gain unauthorised access to the Portal, the server on which the Portal is stored or any server, computer or database connected to the Organiser’s network.
- The Organiser has the right to remove any Content posted by Panel Members if the Content violates the provisions of the Regulations or generally applicable laws. The Organiser shall have the right to remove the Content in particular upon receipt of a credible notification.
- The posting of any copyrighted Content by a Panel Member on the Portal is tantamount to granting the Organiser a royalty-free, non-exclusive licence from the moment the Content entered is stored on the server, together with the right to grant sub-licences, without time and territorial restrictions, in the following fields of exploitation: making the Content available to the public in such a way that everyone can have access to it at a place and time of their own choosing, in particular on the Internet, fixation and reproduction by means of print, reprographic techniques, film, magnetic recording, electronic media, introduction into computer memory, public reproduction, exhibition, display, broadcasting and re-broadcasting, including in the marketing activities of the Organiser and its clients, and circulation of copies. The Panel Member also authorises the Organiser to create derivative works based on the Content entered and authorises the Organiser to authorise third parties to create derivative works.
- The Organiser shall be entitled to use any Content posted by Panel Members in the conduct of its business (in particular, posting in reports produced by the Organiser), to copy, distribute and disclose it to third parties for any purpose. The Panel Member is not entitled to any remuneration or compensation in this respect.
- The licence created in accordance with the paragraph above is a legal relationship independent of participation in the Panel and continues after its termination, irrespective of the reason for the termination.
- The Panel Member undertakes not to upload to the Portal Content for which he/she does not hold the copyright or for which he/she has not obtained the consent of the competent persons to distribute. Members of the Panel are not authorised to reproduce, duplicate, copy or resell any Content uploaded by others or any material or part of the Portal.
- All exclusive rights to the content, materials, photos and others made available on the Portal by the Organiser, in particular copyright, separate rights to databases, rights from the registration of trademarks, are vested in the Organiser or relevant third parties under agreements concluded with them. The Panel Member may only use them in accordance with the applicable legal provisions and exclusively for his/her own personal use. No copying, reproducing, downloading, publishing, broadcasting, transmitting, displaying, modifying or reusing for other purposes is permitted..
- The Panel Member is obliged to treat as confidential any information obtained in connection with participation in research through the community and not to disclose it to third parties.
- The Participant acknowledges that the content of the Research Surveys is protected by the provisions of the Act of 4 February 1994 on Copyright and Related Rights (consolidated text: Journal of Laws of 2017, item 880, as amended), and the entities entitled thereto are exclusively the Organiser or its clients. The Participant may not download, copy, transmit or make available to anyone or use the Research Surveys and other content or products made available through participation in the Panel or use them in any way, either in whole or in substantial part, and in particular may not transfer the Invitations to third parties either for a fee or free of charge or use them for their own purposes, or take any other action that would jeopardise the interests or infringe directly or indirectly the rights of the Organiser or its clients.
- Questionnaires, surveys, tests as well as multimedia documents and products sent to the Participant by Zymetria Sp. z o.o. remain the exclusive property of Zymetria Sp. z o.o.. Accordingly, the Participant undertakes not to process, distribute or transfer them to third parties in any form, free of charge or for a fee. In particular, the participant undertakes not to disseminate photographs of the products received as part of participation in the survey.
8. RESIGNATION OR REMOVAL FROM THE PANEL
- A Panel Member may resign from the services provided to him/her by the Organiser at any time. He/she notifies his/her resignation by sending an e-mail to: email@example.com.
- The personal data of the Panel Member is deleted from the personal database immediately.
- For violation of the terms and conditions of the Regulations, the Organiser may take the following actions, in addition to those set out in the applicable legislation:
- issuing a warning to a Panel Member;
- the immediate, temporary or permanent removal of Content which violates the Terms and Conditions;
- immediate, temporary or permanent cessation of services to the Panel Member, including making the Portal unusable by blocking or, as a last resort, deleting the Account.
- The Organiser reserves the right to remove a Member from the Panel:
- who has a reasonable suspicion that his or her answers to the survey are untruthful, careless or inaccurate;
- in respect of whom there is a reasonable suspicion that personal data provided by him/her in the course of registration is inaccurate;
- who, following a change in the personal or demographic information provided at registration, fails to update this information within fourteen days of the change taking effect.
- The Organiser reserves the right to retain all anonymised responses provided as part of the Research by a Respondent who has resigned from or been removed from the Panel.
9. LIABILITY AND COMPLAINTS
- The Organiser is not responsible for the Content published by Panel Members to the extent permitted by law.
- The Panel Member declares that in the event that any claims are made against the Organiser in connection with the posting of any content by the Panel Member on the Portal or the use of such content by the Organiser in accordance with the terms of the Regulations, the Panel Member shall indemnify the Organiser, taking over the realisation of the claims and the conduct of the dispute, and undertakes to pay the costs incurred by the Organiser, or which the Organiser will be obliged to incur, in connection with such claims, in particular the costs of legal assistance.
- Any irregularities concerning the services provided by the Organiser can be complained about by Panel Members by sending an e-mail to: firstname.lastname@example.org. In order for the Organiser to handle complaints efficiently, it is recommended to describe the irregularity in detail.
- Complaints will be handled immediately, but no later than 30 days from the date of the complaint.
10. PERSONAL DATA
- The personal data of Panel Members will be processed in accordance with the applicable legislation, for the purposes of the proper provision of services by the Organiser (providing the Portal with its functionalities; enabling participation in the Panel; enabling participation in Surveys and the Award Programme) and for the purposes of technical maintenance and statistics.
- The administrator of the personal data is Zymetria Sp. z o.o. with its registered office in Warsaw, Dobra 11 apt. 12/14 00-384 Warsaw.
- Each Panel Member has the right of access to the content of his/her data and the right to rectify it under the terms of the Personal Data Protection Act.
- Providing personal data is voluntary, but necessary in order to participate in the Panel.
11. FINAL PROVISIONS
- In matters not regulated by the Rules, the generally applicable provisions of Polish law shall apply.
- Should one or more provisions of these Terms and Conditions be ineffective or invalid, this shall not affect the effectiveness or validity of the remaining provisions..