Last Updated: July 17, 2020
These Study Terms and Conditions (referred to as the "Study Terms") set forth the terms of an Agreement by which You, ("Participant") and Kantar Consulting LLC with its principal place of business at 175 Greenwich Street, New York NY 10007 ("Kantar"), may participate from time to time in any Kantar product related study and related activities as specified by Kantar ("Study"). If you do not agree to these Study Terms, do not participate in the Study. We reserve the right to change, modify, add or remove portions of these Study Terms at any time, at our sole discretion.
By answering any Study questions or commencing any Study conducted by Kantar, you irrevocably agree to be bound by these Study Terms. Links to the Study Terms and participation appear on each Study conducted by Kantar to ensure Participants can find them easily.
Kantar may change these Study Terms at any time. If we do, an amended version of these Study Terms will be posted on the site. Your continued participation in any Study after any changes are made to the terms will be deemed to constitute your acceptance of those changes. If you object to any changes to the Study Terms, your only remedy is to discontinue your use of the site and participation in any Study.
2. How Do I Participate in a Study
Study refers to the gathering of feedback from the Participant relating to Kantar, and its competitors' or Customers products and services, which may consist of answering questionnaires, Studies, or other methods of providing feedback to Kantar about user preferences, attitudes, and any related topics. The Studies may help Kantar to generate ideas concerning the enhancement of the end user experience which may ultimately benefit Kantar wider-customer base. Such Studies shall be conducted either by means of the telephone, in person by representatives of Kantar or through an online interface. If the Study requires the physical presence of the Participant, Kantar representatives and the Participant shall mutually agree on a time and place where the Study will take place.
All personal information you provide to us will be treated in accordance with these Study Terms.
You are responsible for maintaining the confidentiality and security of your login and password if applicable. You are wholly responsible for all activities that occur under your login and password.
3. Qualitative Data
Studies are usually face-to-face or video or telephone interviews. Participant should note that the content maybe shared with a Kantar customer (“Customer”) or other third parties. Should a Participant identify themselves by name or otherwise, Participant will not remain anonymous. For transparency, Kantar explains this on each Study Inferences may be drawn from the Participant information provided during the Study. This information may be used to create a profile about a Participant’s preferences, characteristics, psychological trends, predispositions, behavior, attitudes, intelligence, abilities, and aptitudes. Your personal information, including your name to reference quotes used in the final reports, may be sold to Customers. processed for the purposes of carrying out the research, the research assessment, sending of messages by Kantar concerning your participation in a Study and any assessment interviews performed by Kantar.
If the Participant is eligible for a single compensatory reward for each properly completed Study (“Reward”), Kantar may need your real name, physical address, and phone number. If the Participant is entitled to a Reward, Kantar shall deliver the Reward to the Participant.
5. What Happens to the Information Participant Provides
Kantar policy in the use of data collected in Studies is that Participants will be advised how the data will be used at the beginning of the Study, and that the data collected can be used for any purpose known to the Participant. Unless it is made explicitly clear prior to completing a Study, Participant’s identities and individual responses will not be disclosed by Kantar. Kantar will only provide the individual responses and feedback where permission is explicitly given by Participant.
6. Service Eligibility and Registration
Participants in a Study run by Kantar must be at least 14 years of age.
BY ACCESSING A STUDY PARTICIPANT REPRESENT AND WARRANT THAT YOU MEET THE ELIGIBILITY REQUIREMENTS AND WILL ABIDE BY THESE STUDY TERMS.
7. Participation Requirements
Your ability to participate in the Study is expressly conditioned upon your compliance with these Study Terms and with all policies and guidelines applicable to a Study that Kantar may make available from time to time. In the event of your noncompliance, fraud or other inappropriate activity (as determined by Kantar in its sole discretion), Kantar may restrict, block, limit, and prevent your access to and participation in future Studies. Without limiting the generality of the foregoing, the following requirements apply to your participation in a Study:
- Non-Use and Nondisclosure. Information and content made available to you in a Study may contain trade secrets or other confidential or proprietary information of Kantar's suppliers or licensors. You must hold in strict confidence and not disclose to any other person any information and content that you access or learn in connection with your participation in any Study, project, questionnaire, or other market research activity. You must not use any such information or content for any purpose other than your participation in a Study in accordance with these Study Terms. You hereby agree to notify Kantar immediately if you learn of or suspect any use or disclosure of, or access to, any such information or content other than as specifically authorized in these Study Terms.
- Registration Information. You agree to (a) provide accurate, current and complete information about yourself as may be prompted by any Study; and (b) maintain the security of your password and login credentials, if applicable.
- Compliance with Laws. You must at all times comply with all applicable laws, rules, regulations, and orders, and not cause Kantar to violate any laws, rules, regulations, or orders.
- Good-Faith Participation. You agree to participate in good faith and to the best of your ability in any market research activities in which you participate in connection with a Study. You will not provide false or misleading data, including without limitation, Study responses that are inconsistent with prior responses or statistically improbable.
- Appropriate Communications. If you communicate with Kantar’s Support Team ("Personnel"), you agree to do so in a respectful and appropriate manner. You shall not send, upload, share or otherwise distribute to Personnel, Personnel affiliates or other Participants in the Study any rude or offensive communications or any content that is obscene, vulgar, sexually-oriented, shock-oriented, threatening, hateful, illegal or otherwise inappropriate.
- Participant Content. You may provide information to Kantar in connection with your participation in market research or otherwise in connection with the Study, including Study responses, ideas, feedback, or other information or content, including personal information ("Participant Content"). If you provide any Participant Content, unless Kantar expressly indicates otherwise, you grant Kantar and its affiliates a nonexclusive, royalty-free, perpetual, irrevocable and fully sublicensable right to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, perform and display such Participant Content throughout the world in any media, without acknowledgement or compensation to you.
By providing any Participant Content, you represent and warrant that you have the lawful right to provide it, and that it is accurate and complete. You must not provide any Participant Content that:
- Is unlawful, libelous, defamatory, obscene, pornographic, indecent, lewd, suggestive, harassing, threatening, invasive of privacy or publicity rights, abusive, inflammatory, false, inaccurate, misleading, fraudulent, or impersonates or misrepresents an affiliation with any person or entity;
- Would violate an obligation of confidentiality or the rights of any person or entity, or that would otherwise create liability or violate any local, state, national, or international law, including, without limitation, the regulations of the U.S. Securities and Exchange Commission or any rules of a securities exchange such as the New York Stock Exchange, the American Stock Exchange, or the NASDAQ;
- May infringe any patent, trademark, trade secret, copyright, or other intellectual or proprietary right of any person or entity;
- Contains any private information of any person or entity, including, without limitation, addresses, phone numbers, email addresses, Social Security numbers, and credit card numbers;
- Contains any viruses, corrupted data or other harmful, disruptive, or destructive files or information; or
- In the sole judgment of Kantar, is objectionable, does not reflect your good faith efforts to be responsive to Study or market research questions, or which may expose Kantar or its licensors or suppliers to liability of any type.
8. Copyright and Limited License
The Study and other materials contained in the Study, including, without limitation, any Kantar or Customer marks, logos, and all information, content, designs, text, graphics, information, data, software, other files, and the selection and arrangement thereof (collectively, the "Materials"), are the property of Kantar and its Customer, suppliers and licensors and are protected by U.S. and international copyright laws.
If you comply with these Study Terms, Kantar grants you a limited, revocable, non-transferable, and non-exclusive license to access and participate in a Study, solely for your personal, non-commercial purposes (“Limited License”). Except for those rights expressly granted in these Study Terms, no other rights are granted, either express or implied, to you under these Study Terms. Unless explicitly stated in these Study Terms, nothing in these Study Terms will be construed as conferring any license or ownership to intellectual property rights, whether by estoppel, implication or otherwise.
Any use or participation in a Study or any Materials other than as specifically authorized in these Study Terms, without the prior written permission of Kantar, is strictly prohibited and will terminate the Limited License granted in this section. Unauthorized use may also violate applicable laws and regulations, including, without limitation, copyright and trademark laws and applicable communications regulations and statutes, and the rights of Kantar and of third parties.
Kantar marks and logos and other product or service names or slogan contained in any Materials or otherwise within a Study are the property of Kantar, its suppliers or licensors, and may not be copied, imitated or used, in whole or in part, without the prior written permission of Kantar or the applicable right holder. All other trademarks, registered trademarks, product names and company names or logos appearing in a Study or in any Materials are the property of their respective owners. Reference to any products, services, processes or other information, by trade name, trademark, manufacturer, supplier or otherwise does not constitute or imply endorsement, sponsorship or recommendation thereof by Kantar. All rights are reserved.
10. Disclaimer of Warranties
Your use of the services, including, without limitation, your use of any content, is at your sole risk. The Studies and all materials are provided on an "as is" and "as available" basis. Kantar, its affiliates, licensors, Customers and suppliers, and their respective members, directors, officers, agents, and employees (collectively, the "Providers") expressly disclaim all warranties of any kind, whether express or implied, including, but not limited to the implied warranties of merchantability, fitness for a particular purpose, title, and non-infringement. Neither Kantar nor any other Providers warrant uninterrupted use, operation, or availability of the Studies or any Materials, or that any submission or transaction request you attempt using the Studies will be successful, uncorrupted, or completed within a reasonable amount of time. You will be solely responsible for any delay or loss of any kind that results from your access to, or use of, the Studies and the Materials. No advice or information, whether oral or written, obtained by you from Kantar or any other Provider through or from the Studies, will create any warranty regarding the Studies that is not expressly stated in these Study Terms. Some jurisdictions may prohibit a disclaimer of warranties and you may have other rights that vary from jurisdiction to jurisdiction.
11. Limitation of Liability
Neither Kantar nor any other Providers will be liable for any indirect, incidental, special, consequential, or exemplary damages, including, without limitation, damages for loss of profits, goodwill, use, data, or other intangible losses (even if Kantar or any other Providers have been advised of the possibility of these damages), resulting from your access to or use of, or your inability to access or use, the Studies or any Materials. Some jurisdictions do not allow the exclusion or limitation of liability for consequential or incidental damages, so the above limitation may not apply to you.
The maximum total liability of Kantar and all other Providers to you for all claims under these Study Terms, whether in contract, tort, or otherwise, is the greater of (a) any amounts paid by Kantar to you under these Study Terms in the twelve months preceding the applicable claim, and (b) 100 united states dollars ($100 USD). Each provision of these Study Terms that provides for a limitation of liability, disclaimer of warranties, or exclusion of damages is to allocate the risks under these Study Terms between the parties. This allocation is an essential element of the basis of the bargain between the parties. Each of these provisions is severable and independent of all other provisions of these Study Terms. The limitations in this section will apply even if any limited remedy fails of its essential purpose.
You will indemnify and hold harmless Kantar and all other Providers from and against any costs, damages, expenses, and liabilities (including, but not limited to, reasonable attorneys' fees) arising out of or related to any Participant Content, your participation in a Study or use of any Materials, your violation of these Study Terms, or your violation of any rights of a third party.
13. Third-Party Content
Studies may contain links or references to information, content and services provided by third parties (collectively, "Third-Party Content"). Kantar does not monitor or have any control over Third-Party Content. Kantar does not endorse or adopt any Third-Party Content and can make no guarantee as to its accuracy or completeness. Kantar undertakes no responsibility to update or review any Third-Party Content and does not represent or warrant the accuracy of any information contained in any Third-Party Content. You use any Third-Party Content contained therein at your own risk. Views expressed in Third Party Content are not endorsed by Kantar.
14. Overall Information
Kantar can aggregate confidential information gathered from the Studies we conduct and use this, together with other information known to us, to perform industry benchmarking and comparisons for the benefit of ourselves and our Customers. We may also use this information for research, marketing, publishing, and/or selling. Kantar will always adhere to our policy of anonymity and will not disclose the identities of any organisation or individual in the use of the data unless Kantar notifies you otherwise.
You acknowledge and agree that any questions, comments, suggestions, ideas, feedback, original or creative materials, or other information or content provided by you to Kantar, to the extent it is not Participant Content, will become the sole property of Kantar. Kantar will own exclusive rights, including all intellectual property rights, and shall be entitled to the unrestricted use and dissemination of such information and content for any purpose, commercial or otherwise, without acknowledgment or compensation to you. Further, you hereby grant to Kantar a perpetual and irrevocable license to use such information and content for any purpose.
16. Independent Contractors
You and Kantar are independent contractors for all purposes. No agency, partnership, joint venture, employee-employer or franchisor-franchisee relationship is intended or created by these Study Terms or by your access to or use of the Services.
Notwithstanding any term of these Study Terms, Kantar reserves the right, without notice and in its sole discretion, to discontinue or terminate any of the Studies, and to restrict, block, limit, and prevent your access to any Studies. Any termination or other action by Kantar described in this paragraph will not limit any other remedies available to Kantar at law, equity or otherwise.
Kantar has implemented technology and security policies, rules, and measures to protect the personal information that we have under our control. However, you should be aware that there are risks in transmitting information across the internet.
Once any personal information comes into our possession, we will take reasonable steps to protect that information from misuse and loss and from unauthorized access, modification, or disclosure. If you are concerned about conveying sensitive material to us over the internet, you might prefer to contact us by telephone or mail. We will remove personal information from our system where it is no longer required (except where archiving is required.)
General Legal Notices
By accessing or participating in a Study, you consent to receiving electronic communications from Kantar. These communications may include information concerning or related to Studies. You agree that any notices, Study Terms, disclosures, or other communications that Kantar sends to you electronically will satisfy any legal communication requirements, including any requirement that communications be in writing.
Kantar's failure to act in a particular circumstance does not waive its ability to act with respect to that circumstance or similar circumstances. Any provision of these Study Terms that is found to be invalid, unlawful, or unenforceable will be severed from these Study Terms, and the remaining provisions of these Study Terms will continue to be in full force and effect. The section headings and titles in these Study Terms are for convenience only and have no legal or contractual effect. Any provisions in these Study Terms that by their nature should survive the termination of these Study Terms (including, without limitation, provisions governing indemnification, limitations on liability, disclaimers of warranty, and ownership of intellectual property) will continue to remain in full force and effect after the termination of these Study Terms.
These Study Terms are governed by the laws of the State of New York, USA, excluding conflicts of law principles. Any controversy or claim arising out of or relating to Studies or these Study Terms must be commenced within one year after the claim arose. The parties agree that any controversy or claim arising out of or relating to this Agreement or the breach thereof shall be tried in a court of competent jurisdiction in the State and County of New York, and the parties consent to the personal jurisdiction of such court.
These Study Terms, including all terms, policies, and guidelines referenced in these Study Terms, is the entire Study Terms between Participant and Kantar concerning your participation in a Study. These Study Terms supersede all prior Study Terms or communications between Participant and Kantar regarding the subject matter of these Study Terms.
If you wish to contact us regarding any questions or concerns about these Study Terms, please contact us at firstname.lastname@example.org.