General terms and conditions

General terms and conditions for participation in the consumer panel "Survimpact", in compliance with the GDPR (EU regulation 2016/679 of April 27, 2016), between:

NCF Advisory, single-member SAS having its registered office at 3 Cité Rougemont 75009 Paris and registered in the Paris trade register under number 800285363,

Hereinafter referred to as "NCF Advisory" on the one hand,

and

The respondent to the qualification questionnaire,

Hereinafter referred to as "the Panelist" on the other hand.

PREAMBLE:

NCF Advisory offers a range of services accessible through the website "www.survimpact.com". These services allow a panel of consumers to share opinions on products and services, test some of these products, and respond to online surveys and market studies upon invitation via email.

NCF Advisory leverages a panel of internet users identified as Panelists, who have voluntarily chosen to participate actively and independently in studies, surveys, and tests offered on "www.survimpact.com", grouped under the name "Survimpact Panel". This independence excludes any employment or subordinate relationship between NCF Advisory and the Panelist.

The purpose of these General Terms and Conditions is to define the terms of participation and use of these services by the Panelists in compliance with the GDPR (EU Regulation 2016/679 of April 27, 2016).

ARTICLE 1 - DEFINITIONS

The following terms shall have the meaning indicated below when used herein with a capital letter:

"Survimpact": Refers to the group of individuals ("Panel") who have volunteered to participate and regularly respond to market research or surveys, and whose registration has been validated on www.survimpact.com.
"Member Account": Refers to the personal account assigned to the Panelist after completing the registration form and accepting these General Terms and Conditions. Survimpact confirms registration via email. The Member Account includes a summary of personal information shared with Survimpact and access to various "Survimpact" Services.
"Studies" or "Market Studies": Refers to surveys and market studies conducted or proposed by Survimpact to analyze markets for products and services. These studies primarily involve anonymously and statistically analyzing the behavior, attitudes, and opinions of individuals.
"Panelist": Refers to any member of the Survimpact panel.
"Qualification Questionnaire": Refers to the questionnaire completed by the Panelist when applying to join the "Survimpact" Services, which helps establish their profile based on socio-demographic criteria and consumer habits.
"Services" or "Service": Refers to all services for exchanging opinions, testing products and services, and participating in surveys and market studies offered by Survimpact on its website.
"Site": Refers to the Survimpact website related to the "Survimpact" Services, accessible at www.survimpact.com

ARTICLE 2 - PURPOSE

This contract defines the terms under which the Panelist can join Survimpact and participate in the "Survimpact" Services. By registering with Survimpact, the Panelist unconditionally accepts all the conditions described in this contract.

ARTICLE 3 - DEFINITION OF SERVICES

3.1 The Service allows the Panelist to exchange opinions on products and services with other users via the Site, conduct product and service tests, and participate in surveys and market studies.
3.2 Survimpact reserves the right to modify the Service by adding or removing functionalities or sections, which may occur without prior notice.
Survimpact also reserves the right to permanently discontinue the service with 30 days' notice.

ARTICLE 4 - REGISTRATION FOR THE SURVIMPACT PANEL

Registration for Survimpact is subject to the following conditions:

Must be a natural person aged at least sixteen years. Legal entities and companies are explicitly excluded.
For minors aged sixteen to eighteen, prior consent from the person holding parental authority is required. This must be provided by submitting a signed copy of this contract by both the minor and the legal guardian. Without this, registration will not be validated.
The registration form must be fully completed with the information requested by Survimpact.
The Panelist must have a valid email address.
Acceptance of these General Terms and Conditions.

Survimpact reserves the right to accept or refuse any registration to our Services without justification.

ARTICLE 5 - ACCEPTANCE OF THE PANELIST'S GENERAL CONDITIONS

By clicking the "Validate" button and checking the box "I accept the General Conditions without reservation", and upon validation of the registration by Survimpact, the Panelist agrees that these General Terms and Conditions will apply and govern the relationship between Survimpact and the Panelist. Survimpact will record the date of acceptance, which constitutes the mutually agreed acceptance date of these terms.

ARTICLE 6 - PANELIST COMMITMENTS

6.1 Under these terms, the Panelist undertakes to:

Participate in at least one study and/or survey out of four studies for which he/she has been requested by Survimpact.
Respond loyally, honestly and independently to the studies submitted to him/her by Survimpact. The Panelists also undertake to respond coherently to the surveys proposed. Survimpact reserves the right not to pay respondents whose questionnaires are completed randomly the points relating to the survey, even if the said respondent has validated his/her questionnaire.
Participate personally in all the Services and, consequently, to keep secret the identifier and password giving him/her access to his/her Member Account on the Site, and not to communicate them to any third party.
Keep strictly confidential and not disclose to any third party the questionnaires and any other information and/or material and/or immaterial elements relating to the studies proposed by Survimpact.
Update personal information concerning him/her without delay, via the web interface accessible on the Site, in the event of a significant change relating to one or more of this information (marital and family, professional, financial and asset situations, etc.), as well as any change to his/her contact details (email addresses, postal addresses, etc.).

6.2 In his/her comments posted on the Site and in all of his/her contributions to the Services, the Panelist undertakes to comply with all applicable legislation as well as the rules of good morals and public order. In particular, he/she shall not distribute any message or information, whatever its form or nature, that is insulting, discriminatory, defamatory, racist, xenophobic, revisionist or that undermines the honour or reputation of others, that is pornographic or paedophile in nature or that directly or indirectly refers to pornographic and/or paedophile websites, or that violates the private nature of correspondence.<br> Similarly, the Panelist undertakes to respect the rights of all third parties in matters such as personality rights, trademark and copyright law and related rights, and, in general, the rights of persons and property.

6.3 The Panelist shall not use his Member Account and his participation in Survimpact and/or the Services for commercial purposes and, in general, shall not offer products and services that remunerate him directly or indirectly. He may not under any circumstances sell or make the Services available to a third party and/or other Panelists, for a fee and/or free of charge.

6.4 The Panelist shall not obtain the email addresses of other Panelists or third parties, with a view to sending unsolicited emails, whatever the reasons and purpose.

6.5 The Panelist undertakes to create only one account for himself and therefore undertakes not to create fictitious accounts. In the event of sponsorship, the Panelist undertakes not to create false referrals.

6.6 The Panelist who sponsored another panel member receives his points as soon as his referral participates in his first survey. Survimpact does not reward the sponsorship of inactive referrals.

ARTICLE 7 - SURVIMPACT COMMITMENTS

7.1 Survimpact undertakes not to disclose to third parties, in any form whatsoever, all or part of the personal data communicated to it by the Panelist, including, in particular, their contact details, unless the Panelist expressly agrees to this.

7.2 The Panelist's responses to Survimpact Studies will be processed anonymously, globally, and aggregated, unless the Panelist has explicitly agreed to the lifting of this anonymity. In this regard, Survimpact declares that it complies with the GDPR (EU regulation 2016/679 of 27 April 2016).

7.3 Survimpact will implement all appropriate technical and organizational measures to ensure the protection of the Panelist's personal data.
In application of the GDPR (EU regulation 2016/679 of April 27, 2016), the Panelist has the right to oppose, access and rectify data concerning him. He can at any time on his member area, rectify himself, update or delete information concerning him that is inaccurate, incomplete, ambiguous, outdated or whose collection or use, communication or conservation is prohibited. The Panelist can permanently and instantly delete his account on his member area. When his account is closed, the data concerning the Panelist is permanently deleted.

7.4 Computer files of the "cookie" type will be placed on the hard drive of the Panelist's computer, in particular to allow Survimpact to recognize the Panelist when he connects to the Site and facilitate the management of the Services, as well as for statistical purposes (pages consulted, date and time of consultations, etc.), which the Panelist expressly accepts. Survimpact prohibits any use of "cookies" and more generally of the Panelist's personal data for advertising or promotional purposes.

7.5 Survimpact will make its best efforts to keep the Site accessible at all times, it being understood that it only subscribes to an obligation of means in this regard and that it will in no way be responsible for temporary interruptions of service, whatever the reasons, and for the consequences that may result for the Panelist or any third party. The unavailability of the service does not give rise to any compensation.
Survimpact may also terminate or modify the characteristics of the Services at any time and without notice. Survimpact is in no way responsible for any consequences, including financial, for the Panelist and/or any third party due to the Services or their temporary or permanent termination, particularly due to the free nature of said Services.

7.6 Survimpact will provide the Panelist with general help sections and answers to frequently asked questions (FAQs), but will not provide any personalized help in any way whatsoever.

7.7 Survimpact may cite the contributions, the Panelist's Identifier as well as the information that the Panelist has explicitly declared usable, during the term of this contract, for, in particular, its needs of presentation, promotion, advertising and marketing of the Services.
The Panelist automatically and irrevocably grants Survimpact and guarantees it the rights to exploit, copy, broadcast, display and distribute all content published by the Panelist on the Site as well as all of its responses to the studies in which it participates, and to use them in the context of derivative works or to integrate them into other works as well as to grant the same rights to any third party chosen by Survimpact.

7.8 Survimpact will inform the Panelist, when requesting a product/service test and/or a study, of any contraindications (pregnant women, allergies, minimum age in particular) that accompany this product/service.

7.9 Survimpact will inform the Panelist without delay of any claim and/or recourse from any third party due to, in particular but not exclusively, a violation by the Panelist of Article 6 hereof. In this case, the Panelist guarantees Survimpact against any recourse and/or any claim from any third party relating to the use, by the Panelist, of the Services and/or the suspension and/or termination of his Member Account.
The Panelist undertakes to act diligently to respond to any claim that Survimpact brings to its attention and will hold Survimpact indemnified at all times upon first request against any action, procedure, complaint, request, legal fees, expert fees, tax costs, sums awarded, damages and interest whatever their origin, direct or indirect, and any advances made, linked to the Panelist's failure to comply with any of the commitments defined herein and/or to the use of the Services.

7.10 Survimpact will inform the Panelist of any future modifications to the Services and/or these General Conditions, it being understood that Survimpact may, by right, modify its Services and/or these General Conditions taking into account, in particular, the technical evolution of the Service. The modifications will be presented on the Site and it is then up to the Panelist to go and read them, which he expressly accepts.

ARTICLE 8 - COMPENSATION

8.1 Due to his/her participation in the Services, the Panelist will be entitled to compensation from Survimpact, in the form of "Survimpact Points". "Survimpact Points" are awarded based on, in particular, the Panelist's level of participation in the Services, his/her attendance and loyalty, on the basis of a scale indicated on the Site and/or in the emails soliciting Studies sent by Survimpact.
Survimpact may, by right, modify said scale for awarding points, at any time, subject to prior notice to the Panelist by means of a posting on the Site.

8.2 "Survimpact Points" have no market value. They are only convertible to a PayPal account. When converting "Survimpact Points", the Panelist must provide a valid email address in order to receive his/her prizes.

8.3 Survimpact's liability for the conversion of "Survimpact Points" into rewards is limited to taking charge of the payment of said gifts in the name and on behalf of the Panelist. Survimpact cannot be held responsible if the information entered by the Panelist at the time of the conversion of points is incorrect: as such, the entry of an incorrect recipient or an invalid email address by the Panelist, in the Survimpact conversion form, cannot give rise to any recourse against Survimpact.

ARTICLE 9 - DURATION & TERMINATION

9.1 This contract will come into force upon validation of the Panelist's registration sent by Survimpact by email.

9.2 It is concluded for an indefinite period.

9.3 It may be terminated at any time and without notice by the Panelist and/or by Survimpact.

9.4 In the event of a breach by the Panelist of any of its commitments made under the terms hereof, Survimpact may also, at any time, suspend or terminate the Panelist's Member Account, without prejudice to any other action for damages that Survimpact may initiate in order to fairly compensate it for the loss resulting from said breach.

9.5 In all cases of termination, for any reason whatsoever, the Panelist's "Survimpact Points" not yet converted will be automatically and definitively cancelled and no compensation will be due to the Panelist in this respect.
Furthermore, the Panelist's "Survimpact Points" already converted will also be automatically and definitively cancelled and no compensation will be due to the Panelist in this respect in the event of proven fraud.

9.6 The suspension or termination of the Panelist's Member Account by Survimpact, for whatever reason, does not give rise to any compensation for any direct or indirect damage.

ARTICLE 10 - GENERAL PROVISIONS

10.1 These General Conditions of the Panelist constitute the entire and only contract between the parties. To the extent possible, each provision herein shall be interpreted in such a way as to give it effect and validity under the applicable law. If a provision is declared null or unenforceable by a competent court in particular circumstances, such provision shall remain in force in all other circumstances. If a clause of this Agreement is deemed null and void, the other clauses shall retain their full and entire effect.
In the event that a provision of this Agreement, or the application of such a provision to Survimpact or to the Panelist is considered contrary to an applicable law by a competent court, the other provisions shall remain in force and shall be interpreted in such a way as to give effect to the intention of the parties, as originally expressed.

10.2 This contract is governed by French law. Any dispute relating to its validity, interpretation or execution and after failure of any conciliation, will be submitted to the competent courts.

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