General Terms and Conditions
for participating in the
"Hiving" online survey panel
Hiving , a corporation with a capital of 57 141 euros domiciled at 3 Cité Rougemont 75009 Paris and registered on the Paris trade register, number 514975135, represented by Mr Alain Cornu in his position as President.
Hereafter known as " Hiving "
The respondent to the qualification questionnaire that follows
Hereafter known as the " Panellist ".
- Hiving offers a range of services accessible on the Website Hiving . These services enable a panel of consumers to exchange opinions on products and services, to test some of the products and services and to answer polls and market surveys online, in response to an email request.
- To carry out and set up these services, Hiving calls on Internet users identified as Panellists, who volunteer to participate actively, regularly and completely independently in surveys, polls and tests proposed by Hiving. This independence excludes any subordination between Hiving and the Panellists.
- These Terms and Conditions aim to set out the terms of participation and use of these services by the Panellists.
The following terms will be defined as follows when used with a capital letter in these Terms and Conditions:
- « Access Panel » : designates the group of individuals who have volunteered to participate in the Hiving Panel to answer regular market surveys or polls, and whose registration has been validated by Hiving.
- « Member Account » : designates the personal account attributed to Panellists after they have filled in the application form to register and approved these Terms and Conditions, and after Hiving has confirmed their registration by email. In the Member Account, each Panellist has a page recapitulating their personal information communicated to Hiving and access to the different Hiving Services on the Hiving servers.
- « Surveys » or « Market Surveys » : designates the market surveys and/or polls conducted by Hiving, with the aim of analysing the markets for products and services of all kinds. They consist in particular in studying systematically the behaviour, attitudes and opinions of individual people.
- « Panellist » : designates any member of the Hiving Panel.
- « Qualification Questionnaire » : designates the questionnaire filled in by the Panellist on applying to register with Hiving’s Services, enabling the company to establish his or her profile according to socio-demographic criteria and consumer habits in particular.
- « Services » or « Service » : designate all the services to exchange opinions about products and services, tests of products and services and participation in polls and market surveys, contained in these Terms and Conditions and proposed by Hiving on their Website Hiving .
- « Website » : designates the Internet site pertaining to Hiving Services accessible at Hiving .
The aim of this contract is to set out the terms and conditions whereby Panellists can join the Access Panel and use and participate in Hiving’s Services. By applying to register with the Access Panel, Panellists accept without reservation all the terms and conditions set out in this contract.
3.1 The Service allows Panellists to exchange opinions with other users, on the Website, about products and services, test products and services and participate in polls and market surveys.
3.2 Hiving reserves the right to extend the Service by adding functionalities and/or sections not covered in these Terms and Conditions and/or to remove certain functionalities and/or sections of the Service. These modifications do not require prior notice or any other formality on the part of Hiving (other than notification by any means of their choice) of the modifications to this Contract.
Hiving also reserves the right to cease the service with 30 days prior notice.
Registration to the Access Panel is subject to the following conditions:
- Panellists must be individuals aged 15 or over and live in Australia. All legal entities or companies listed on the Trade Register are expressly excluded, as is any equivalent in any country other than Australia.
- The registration form must be fully completed with all the information requested by Hiving.
- Panellists must have a valid email address.
- They must agree to these Terms and Conditions .
For minors aged between fifteen and eighteen, prior consent from the parent or guardian is also required. To this effect, this Contract must be drawn up in the name of the minor and signed both by the minor and the parent or guardian and sent by post to Hiving. Failure to do so will result in Hiving refusing to validate the registration of the said minor.
In all cases, Hiving reserves the right to accept or refuse to register a person for the Services, without having to justify their decision in any way.
By clicking " Sign Up " and subject to validation of the registration by Hiving, Panellists acknowledge and accept that these Terms and Conditions will become applicable and will govern relations between Hiving and the Panellist.
Hiving will conserve the date of this acceptance, which by common agreement constitutes the definite date of acceptance of these Terms and Conditions.
6.1 According to these Terms and Conditions, Panellists agree to:
- Participate in at least one out of four surveys or polls requested by Hiving.
- Answer the surveys sent by Hiving loyally, honestly and completely independently. Panellists also agree to give coherent answers to the surveys proposed. Hiving reserves the right not to allocate points for the survey to respondents whose questionnaires are completed randomly, even if the said respondent has validated his questionnaire.
- Participate personally in all the Services and therefore to keep secret the login and password giving access to the Member Account on the Website, and not to communicate them to any third party.
- Keep strictly confidential and not divulge to any third party, the questionnaires and all other information and/or material and/or immaterial elements pertaining to the surveys proposed by Hiving.
- Update immediately all personal information concerning them, via the Internet interface accessible on the Website, in the event of significant changes to one or more of these elements of information (matrimonial and family situation, professional, financial situation and personal assets, etc.), and any modifications to their contact details (email address, postal address, etc.).
6.2 In all their information published on the Website and in all their contributions to the Services, Panellists agree to observe all the applicable legislations, rules of good conduct and law and order. In particular, Panellists shall refrain from disseminating any message or information, in whatever form and of whatever nature, that might be considered insulting, discriminating, libellous, racist, xenophobic, revisionist or that might harm the honour or reputation of others, or that is in any way pornographic or paedophiliac or that refers directly or indirectly to pornographic or paedophiliac Internet sites, or that violate the privacy of exchanges.
Similarly, Panellists agree to observe the rights of any third party, particularly relating to personality rights, trademark and copyright and assimilated rights and in general, the rights of people and goods.
6.3 Panellists shall refrain from using their Member Account and participation in the Access Panel and/or the Services for commercial purposes and, in general, to offer products and services for direct or indirect remuneration. In no case may they sell the Services or make them available to a third party and/or other Panellists, either for payment or free of charge. Hiving alone reserves the right to insert advertising or promotional or sponsorship messages in the Website pages.
6.4 Panellists shall refrain from obtaining email addresses of other Panellists or third parties, with a view to sending unsolicited emails, for whatever reason or purpose.
6.5 Panellists agree to create only one account for themselves and shall therefore refrain from creating fictitious accounts. In the event of a sponsorship, Panellists agree not to sponsor fictitious persons.
6.6 Panellists who have sponsored another member of the panel shall receive the points corresponding to the sponsorship when their sponsor completes a survey.
6.7 Panellists agree to complete their basic Profile, the "Health" section and another theme of their choosing within 30 days of registering on the Hiving Panel. After this time, Hiving reserves the right to unsubscribe those Panellists who have not observed these validation criteria.
7.1 Hiving agrees not to divulge to any third party, in whatever form, all or part of the nominative data communicated to them by the Panellists and in particular, their contact details, unless the Panellist has given his consent to do so.
7.2 The Panellist’s answers to Hiving surveys will be processed anonymously, globally and on aggregate, unless the Panellist has explicitly agreed to waive this anonymity. In this respect, Hiving declares that they comply with the recommendations of the Ethical Practices Charter in the Syntec Internet surveys.
7.3 Hiving shall implement all appropriate technical and organisational measures to protect the Panellist’s personal data.
- In application of the French data protection act n° 78-17 of 6 January 1978, Panellists have the right to oppose (art. 26 of the Act), access (art. 34 to 38 of the Act) and rectification (art. 36 of the Act) of the data concerning them. They may demand that any information concerning them be rectified, completed, clarified, updated or deleted if it is inaccurate, incomplete, ambiguous or out of date or if the collection or use, communication or conservation is forbidden. Panellists may exercise this right at any time, by contacting Hiving.
- On the closure of the Member Account and for the purpose of evidence, data concerning the Panellists is conserved confidentially and archived, for a duration determined by Hiving, and at most for the limitation period of all civil actions by virtue of article 2262 of the French civil code.
7.4 "Cookies" shall be placed on the hard disk of the Panellist’s computer, to enable Hiving to recognise the Panellist when he logs on to the Website and facilitate the management of the Services, and for statistical purposes (pages viewed, date and time of viewings, etc.), which Panellists accept without reservation.
7.5 Hiving shall do their utmost to keep the Website accessible at all times, it being agreed that it is not subject to any obligation of means and that it shall in no way be held responsible for temporary interruptions of the service, for whatever reason, and for any resulting consequences for the Panellists or any third parties. The unavailability of the service shall not give rise to any indemnification.
Hiving may also terminate or modify the features of the Services at any time and without prior notice. Hiving is in no way responsible for any consequences, including monetary ones, that the Panellists and/or any third parties encounter due to the using of Hiving’s Services or from their temporary or definitive interruption, due to the fact that the said Services are provided free of charge.
7.6 Hiving shall provide Panellists with general help sections and answers to Frequently Asked Questions (FAQ), but shall not provide any personalised help of any kind.
7.7 Hiving may quote the contributions, the Panellists’ logins and information that the Panellists has explicitly declared usable, for the duration of this contract, in particular for reasons of presentation, promotion, advertising and marketing of the Services. Panellists automatically and irrevocably confer to Hiving and guarantee them the right to exploit, copy, disseminate, display and distribute all the contents published by the Panellists on the Website as well as all the answers to the surveys in which they take part, and to use them as part of derivative work, or incorporate them in other work, and also grant the same rights to any third party chosen by Hiving.
7.8 Hiving shall inform the Panellist, when requesting that he test a product or service and/or takes part in a survey, of all contra-indications (particularly pregnant women, allergies and minimum age) regarding the product or service.
7.9 Hiving shall immediately inform the Panellist of any complaint and/or recourse to any third party due, in particular but not exclusively to, a violation by the Panellist of Article 6 of these Terms and Conditions. In this case, Panellists guarantee Hiving against any recourse and/or any complaint by any third party concerning the use, by the Panellist, of the Services and/or the suspension and/or termination of his Member Account. Panellists agree to act with due diligence to answer any complaint that Hiving brings to their knowledge and shall compensate Hiving at any time and on first request for any action, proceedings, complaint, demand, legal fees, consultant’s fees, taxes, sums decreed, or damages whatever their origin, direct or indirect, and all advance payments made, linked to the disrespect by the Panellists of any one of the commitments set out in these Terms and Conditions and/or the use of the Services.
7.10 Hiving shall inform the Panellists of any future modifications to the Services and/or to these General Terms and Conditions , it being agreed that Hiving may, by right, modify its Services and/or these General Terms and Conditions given in particular the technical evolution of the Service. All modifications will be shown on the Website and it is up to the Panellists to visit the Site and read them, to which they expressly agree.
8.1 In return for taking part in our surveys, Panellists shall be entitled to remuneration from Hiving, in the form of "Hiving Points". These "Hiving Points" are awarded for Panellist’s level of participation in surveys, their assiduity and their loyalty, according to a scale indicated on the Website and/or in the emails requesting participation in surveys sent by Hiving. Hiving is fully entitled to modify this scale for awarding points, at any time, on condition that they inform the Panellists beforehand by means of a message on the Website and/or by email.
8.2 The "Hiving Points" have no commercial value and may not in any circumstance be transferred or sold to any third party.
9.1 This contract will come into force on validation of the Panellist’s registration emailed out by the Hiving team.
9.2 It is drawn up for an unlimited duration.
9.3 It may be terminated at any time and without prior notice by the Panellist and/or by Hiving.
9.4 Should the Panellist fail to meet any of the commitments described in these terms and conditions, Hiving may at any time suspend or terminate the Panellist’s Member Account, without prejudice of any other proceedings for damages that Hiving might institute to gain just indemnification for the prejudice resulting from the said failure.
9.5 In the event of a termination, for whatever reason, the Panellist’s "Hiving Points" that have not yet been converted will be automatically and definitively cancelled and no compensation shall be due to the Panellist.
Furthermore, the Panellist’s "Hiving Points" that have already been converted shall also be automatically and definitively cancelled and no compensation shall be due to the Panellist in the event of acknowledged fraud.
9.6 The suspension or termination of the Panellist’s Member Account by Hiving, for whatever reason, shall not give rise to any indemnification for any direct or indirect prejudice.
10.1 Panellists acknowledge that they have been informed of the particular risks involved in the specific nature of the Internet and networks thereon, and that information pertaining to personal data concerning them may be captured and/or transferred, particularly in countries that do not guarantee an adequate level of protection of personal data. Panellists are also expressly informed of the practices developing on the Internet, beyond all control of Hiving, particularly those coming from countries other than France (spyware, instant messaging software, search software and services, etc.). They therefore guarantee Hiving against any recourse pertaining to any possible capture and/or use, by a third party, of information concerning Hiving.
10.2 These General Terms and Conditions for Panellists constitute the full and unique contract between the parties. As far as possible, each stipulation in these Terms and Conditions shall be interpreted so as to implement and validate it regarding the applicable law. Should a court of jurisdiction declare a stipulation null or not applicable in any particular circumstances, such a stipulation shall remain in force in all other circumstances. Should any clause in this Contract be considered invalid, the other clauses will retain their full effect.
In the event that a stipulation in this Contract, or the application of a stipulation to Hiving or the Panellist be considered as going against a law applicable by a court of jurisdiction, the other stipulations shall remain in force and shall be interpreted so as to implement the intention of both parties, as originally expressed.
10.3 This contract comes under French law. Any dispute as to its validity, interpretation or execution and if all attempts at conciliation fail, shall be submitted to the courts of jurisdiction.
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