Last updated 4 October 2022.
You as either a freelancer, an employee or a client (‘You’) can access the Management Module of our Platform in one of these roles (‘Role’), whereby each Role has different responsibilities and access rights:
- Observer role: read-only access to the Management Module (to be able to track Square progress, see results, follow conversations and access the member portal).
- Professional role: you have access to all the Squares that are assigned to You, can communicate with the participants and initiate different market research activities. This can be both as an external freelancer involved in moderation or as a client initiating consumer collaboration directly in self-serve mode.
- Admin role: only available for employees. According to the @account team You are part of, You will have access to different Squares and will also be able to communicate with participants and initiate different market research activities.
By accepting these Terms & Conditions, You confirm that You have read, understood and agree to be bound by all of these Terms & Conditions. If You do not agree to these Terms & Conditions, you must stop using Our Platform immediately.
The following documents also apply to your use of our Platform:
- Changes to these Terms & Conditions
We may alter these Terms & Conditions at any time. As explained above, your use of our Platform constitutes your acceptance of these Terms & Conditions. Consequently, any changes made to these Terms & Conditions will apply to your use of our Platform the first time you use it after the changes have been implemented. You are therefore advised to check this page every time You use our Platform.
If any part of the current version of these Terms & Conditions conflicts with any previous version, the current version shall prevail unless we explicitly state otherwise.
- Information about us
Our Platform is operated by InSites Compages NV, a limited liability company with registered seat at Evergemsesteenweg 195, 9032 Wondelgem, Belgium under company number 0837.297.070, representing its affiliates and subsidiaries (‘/We/Us’). We are a registered member of ESOMAR, a worldwide organization for encouraging, advancing, and elevating market research.
To contact Us, please send an email to firstname.lastname@example.org or dial +32 (0)9 269 15 00.
- Purpose of our Platform and the administrative back-end
Our Platform, named the Square, is an online environment that allows clients, partners and employees to observe and/or interact with participants to conduct market research activities. The access granted to the Management Module of our Platform allows You (depending on your Role) to create a Square, lead and/or observe the communications and interactions with the participants.
- Access to our Platform
There is role-based access control in place, an approach to restrict system access to authorized users. This way we ensure that each Platform user/member has access to the information and features relevant for them. The access is granted to specific platforms and You will not be able to switch between or search for clients/platforms/programs via the breadcrumb navigation or homepage you are not authorized to access. At the same time, it is a mechanism to ensure data protection and to be GDPR compliant (see also section Personal Data).
Clients are invoiced for the services rendered, and this can include access to the Management Module.
For employees and partners, the access is granted upon commencement of the cooperation/employment between Us and You.
Access to our Platform is provided on an ‘as is’ and on an ‘as available’ basis. We may suspend or discontinue our Platform (or any part of it) at any time. We do not guarantee that our Platform will always be available or that access to it will be uninterrupted. If We suspend or discontinue our Platform (or any part of it), We will try to give You reasonable notice of the suspension or discontinuation.
We may alter and update our Platform (or any part of it) at any time and at our own discretion (for example to update our software, upload a brief…).
Unless provided otherwise, our Platform is available anywhere, as long as the minimum technical requirements are met, particularly in terms of access to the Internet, a mobile-phone network, and compatibility of technical equipment used. Given the global nature of the Internet, the user agrees to abide by all the rules of public policy relating to the behavior of Internet users and enforceable in the country from which one uses the service.
- Registration and user account
When You create an account and/or provide a password, You agree to keep your password and username confidential and remain responsible for all use of your account and/or password. We reserve the right to remove, reclaim, or change a username you select if we determine, at our sole discretion, that said username is inappropriate, obscene, or otherwise objectionable.
6.1 By using our Platform, You agree and warrant that:
- All registration information that you submit will be true, accurate, current and complete;
- You have the legal capacity and you agree to comply with these Terms & Conditions;
- You have concluded the necessary agreements with Us (including but not limited to service agreement, partnership agreement, etc.);
- You will not use our Platform for any illegal or unauthorized purpose;
- Your use of our Platform will not violate any applicable law or regulation (including but not limited to theft or infringement of copyrights, trademarks, trade secrets, or any other type of intellectual property, fraud, forgery, theft or misappropriation of funds, credit cards, or personal information, and threats of physical harm or harassment;
- You will not use our Platform to send spam or other duplicative or unsolicited messages;
- You will not use our Platform to knowingly send, upload, or in any other way transmit data that contains any form of virus or other malware or any other code designed to adversely affect computer hardware, software, or data of any kind;
- You will not use our Platform for the distribution of offensive materials/inappropriate language, including threats of death or physical harm, harassment or defamation;
- You will not copy or disclose any data available on the Platform (unless explicitly allowed by Us in writing);
- You have the necessary qualifications and training to make use of the Platform in an appropriate manner.
6.2 Notwithstanding the provisions of section 10, if you fail to comply with the provisions of section 6.1 and section 7, You will be in breach of these Terms & Conditions and we may take any of the following actions:
- Suspend or terminate the use through your account of our Platform;
- Terminate our cooperation/partnership;
- Issue you with a warning;
- Take legal proceedings against you.
Employees and partners acknowledge that the information on our Platform is commercially sensitive, and should be considered as confidential (‘Confidential Information’). You will keep and consider this information as confidential and are in no circumstances allowed to disclose the Confidential Information to any third party or make it publicly available in any way. For the avoidance of doubt, the content of a platform activity and the brands involved (‘our Clients’) are to be considered as Confidential Information. The confidentiality obligations shall apply until the confidential information has been disclosed to the public by the Client.
Notwithstanding the provisions of section 10, if You fail to comply with the confidentiality obligation in section 7, we can take any of the actions mentioned in section 6.2.
- Intellectual Property
Unless stated otherwise, our Platform and all source code, databases, functionality, software, website designs, audio, video, text, photographs, and graphics on our Platform (collectively, the ‘Content’) and the trademarks, service marks, and logos contained therein (the ‘Marks’) are owned or controlled by Us or licensed to Us, and are protected by copyright and trademark laws and various other intellectual property rights and unfair-competition laws of Belgium, foreign jurisdictions, and international conventions.
No part of our Platform and no Content or Marks may be copied, reproduced, aggregated, republished, uploaded, posted, publicly displayed, encoded, translated, transmitted, distributed, sold, licensed, or otherwise exploited for any commercial purpose whatsoever, without our express prior written permission.
Provided that You are eligible to use our Platform, you are granted a limited license to access and use our Platform and to download or print a copy of any portion of the Content to which you have properly gained access solely for Your personal, non-commercial use, except if agreed otherwise in writing. We reserve all rights not expressly granted to you in and to our Platform, the Content and the Marks.
- Viruses, Malware and Security
We exercise reasonable skill and care to ensure that our Platform is secure and free from viruses and malware; however, We cannot guarantee that this is the case.
You are responsible for protecting your hardware, software, data, and other material from viruses, malware, and other internet security risks (irrespective of ownership). You must not deliberately introduce viruses or other malware, or any other material which is malicious or technologically harmful, either to or via our Platform. You must not attempt to gain unauthorised access to any part of our Platform, the server our Platform is stored on, or any other server, computer, or database connected to our Platform. You must not attack our Platform by means of a denial-of-service attack, a distributed denial-of-service attack, or by any other means.
- Disclaimer and Limitation of Liability
Our Platform is provided on an ‘as is’ and ‘as available’ basis. Clients and partners agree that your use of our Platform will be at your sole risk.
Notwithstanding anything to the contrary contained herein, in no event will InSites be liable for any (direct or indirect) damages occurred by InSites’ partners or clients due to your use of our Platform by (i) the improper use by an InSites’ client or partner, (ii) internet connectivity problems, internet congestion, any issue or problem arising from the quality of your equipment, loss or lack of connection to the internet, contamination by any potential virus or intrusion by a third party through your modem or other equipment, and (iii) any incompatibility between our Platform and any hardware and/or software used by an InSites’ client or partner.
In no event will InSites be liable for any indirect damages, including but not limited to, consequential, special, punitive, or incidental damages, damages for loss of profits, goodwill or revenues, loss of privacy, loss of or corruption of data, business interruption or loss of business information, impact on the quality of the answers of participants or the responsiveness of a participant.
Clients and partners agree to defend, indemnify, and hold Us harmless, including our subsidiaries, affiliates, from and against any loss, damage, liability, claim, or demand, including reasonable attorney fees and expenses, made by any third party due to or arising out of (1) your contribution, (2) the use of our Platform, (3) a breach of these Terms & Conditions, (4) any breach of your representations and warranties set forth in these Terms & Conditions, (5) your violation of the rights of a third party, including but not limited to intellectual property rights, or (6) any overt harmful act toward any other user of our Platform you connected with via our Platform.
Employees will use the platform responsibly and shall comply with internal guidelines and instructions given by senior team members. In no event will misuse of the platform or incentives be tolerated. Breach of section 11 can result in the undertaking of the actions described in clause 6.2. Employees will be held liable for damages resulting in losses due to non-compliance with section 11 in particular and this policy in general.
- Personal Data
The personal data that you provide are processed upon consent given by You, execution of an agreement, or legitimate interest.
You have the right to lodge a complaint with a supervisory authority and the right to withdraw your consent at any time (however without this affecting the legitimacy of the processing prior to the withdrawal of the authorization) by sending an e-mail to DPO@insites-consulting.com.
We intend to transfer your personal data outside the European Union. We do so in a secure and lawful manner (we have the necessary agreements in place). The transfer occurs to sub-processors located outside of the EU and for internal purposes and to InSites partners. We implement digital, organizational, technical, software and physical security measures in accordance with state-of-the-art technology in order to protect personal data against accidental or unlawful unauthorized loss, destruction, alteration and access.
You acknowledge the importance of data and will not disclose, use or process in any way personal data of participants (including but not limited to name, username, quotes, picture, etc.) without considering the applicable privacy regulation (obtaining consent will be needed).
- Governing Law and Jurisdiction
Unless otherwise provided for under applicable laws or regulations, these rules are subject to laws of Belgium; any litigation or dispute arising hereunder shall be brought before the court having jurisdiction over such matters in Ghent, Belgium.