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Opinodo Publisher Agreement
This agreement is between Opinodo ApS, Nørrebrogade 56 D, 2200 Copenhagen N, CVR DK32339735, A Limited Liability Company based in Denmark (from here Opinodo) and the Publisher.
Rights to use the Opinodo system
Opinodo grants a non-exclusive, non-transferable right to use the Opinodo System for the management of the Publisher’s online customer and other survey panel(s) (such panel, being a collection of information on private individuals with specific characteristics and qualifications used for customer and other surveys, a “Panel” and “panelists”) and to market and sell access to the Publisher’s Panels through the Opinodo System.
The Publisher undertakes not to use the Opindo System for any purpose that is unlawful or prohibited by this Agreement.
The Publisher’s panels
The Publisher shall incur any expenses deemed necessary for marketing or advertising the Publisher’s Panel(s) to their members and potential members for recruitment efforts.
The Publisher agrees to allow Opinodo to keep the panel as available for the execution of surveys.
The Publisher agrees to keep recruited panelists in the Opinodo System as long as the panelists wish to be a part of the Panel, but, if the Publisher wishes to do so, they have the full rights to acquire permission to use the data of the panelists for other purposes.
Occasionally, Opinodo may change the status of the Publisher’s panelists to not available for surveys due to any noted quality issues, survey conflict with the audience, or any other reasons deemed necessary to ensure best practices are in place for the utilization of the panel. This is to ensure quality of the Panel(s).
From time to time, Opinodo or any third party may execute surveys, tracking studies and other data capture methods providing greater detailed information on the panelist(s) utilizing the Publisher’s Panel(s), from which the result will include information on the relevant Panels’ demographics and other relevant characteristics and data with respect to the members thereof, however on an aggregate level. The parties agree that the results and data from such surveys may be used for the purposes of assessing the Publisher’s Panel(s) demographics etc. and that such data may be used by Opinodo, matched to other data and databases as well as shared with third parties, always, however, only to the extent permitted by applicable laws and regulations.
Opinodo determines, in its sole discretion, what the Basic Price shall be when marketing the Publisher’s Panel(s) towards purchaser of surveys within the Opinodo System on various markets and will register the Basic Price in the Opinodo System; where “Basic Price” means the price for conducting a basic survey on the relevant Panel.
Should Opinodo sell access to the panel the fee for a specific survey executed with the use of the Publisher’s Panel(s), as calculated by the Opinodo System on the basis of the Basic Price, is paid by the purchaser of the survey directly to Opinodo, whereby the Publisher shall be entitled to a remuneration from Opinodo, after deduction of incentive fees (and excluding VAT, if any). If the remuneration payable by Opinodo to the Publisher is subject to VAT, such applicable VAT is included in the aforementioned remuneration to the Publisher.
Remunerations will be calculated by the Opinodo System based on complete interviews (completes) with a “buy price” adjusted per country every 15th and 1st of any month. Any false completes (from speedy or fraudulent behavior from the panelists) will be deducted from the amount invoiceable.
Invoicing and payout to Publisher
Opinodo will every month create a self-bill invoice with the earned amount from the month. This will be the final statement for the earnings. This invoice will be made available on the first day of the new month.
Opinodo will show earnings and completes updated on an hourly basis. This is a tool for the Publisher to see their earnings.
Opinodo will automatically pay out the invoiceable amount sixty (60) days after the final statement of the earnings from a month has been made available.
Example: The earnings from January will be finalized as an self-bill invoice by February 7th. The payment will be made by April 7th.
It is the sole responsibility of the Publisher to supply Opinodo with a correct IBAN, Swift and bank name number in the backend of Opinodo in the “Information” tab under Bank info.
Opinodo reserves the right to deduct any payment fees for international transfers.
Opinodo will only pay out amounts larger than 60 €. If the Publisher has earned less than 60 €, the earned amount will be transferred to next month until the payment threshold has been reached and the payment will be made.
All earnings in Opinodo will be shown in euro (€) for any country.
Panel members responding to a survey may be incentivised by way of so called “Incentives”. Any such Incentives earned by Panel members are and shall be valid and redeemable for a period of twenty-four (24) months after being earned and the Publisher shall ensure that this is, mutatis mutandis reflected in the terms for the participation in the Publisher’s Panel(s) by the members thereof and in all survey invitations.
The payment and handling of the incentives will be done either by Opinodo or an external company.
It is not possible for the Publisher to get incentives paid out directly. Incentives are solely reserved for panelists. Any incentives not claimed by panelists will belong to Opinodo or an external partner company.
Opinodo offer as a part of its service the Publisher to give support to Panelists regarding questions over surveys and incentives payment through the relevant Panel email, like email@example.com or firstname.lastname@example.org etc.
Support for the Publisher will be done through the email email@example.com. This is only for questions regarding the business relationship between Opinodo and the Publisher, not for questions from panelists or users.
Upon the execution of a survey, the Panel Members chosen for the survey will receive an invitation to participate in such survey. Opinodo and its partners undertake to (i) ensure that any such invitation to participate in a survey does not contain any unethical elements or any material violating laws of the Panel countries, and (ii) use its reasonable efforts to monitor that the surveys executed on the Publisher’s Panel(s) do not contain any unethical elements or any material violating laws. Opinodo agrees, when uncertain of the permissibility of certain material contained in a survey, to contact the Publisher for its opinion before such survey is dispatched.
If any Panel Member responding to an invitation to participate in a survey at that time no longer qualifies for that specific survey or if that specific survey has been terminated, Opinodo may redirect such Panel Member (route such Panel Members response) to another survey at the time being executed within the Opinodo System.
Data Protection and Processing of Personal Data
The use of the Opinodo System for management of Panels and execution of surveys may involve the management of personal data regarding private individuals for which the Publisher is responsible (if applicable as the controller of personal data). Each Party shall adhere to GDPR and/or all applicable international or local privacy and data protection laws.
Limitation of Liability and Indemnity by the Publisher
- a) Opiondo makes no representations and/or gives no warranties to the Publisher except as specifically and expressly provided for in this Agreement.
- b) Opinodo shall have no liability and/or responsibility for the processing of data collection and/or loss thereof and/or for the support regarding the Publishers Panel(s). Opinodo assumes no responsibility for the compatibility and function of the servers, internet connection and other equipment not provided by Opinodo, but utilised when using the Opinodo System.
- c) Opinodo shall have no liability under this Agreement or otherwise in respect of any claim regarding this Agreement, the breach hereof and/or the Opinodo System or otherwise, to the extent the amount of Opinodo total liability for all claims would exceed the lower of fifty thousand (50,000) EURO and any amount actually received by Opinodo under the company’s liability insurance. In no event whatsoever shall Opinodo be liable for any indirect, incidental, consequential special, or punitive loss and/or damages, such as, but not limited to, loss of anticipated profits or benefits.
- d) The Publisher hereby agrees to defend, indemnify and hold harmless Opinodo, and Opinodo’s affiliates, directors, officers, employees, agents and contractors, from and against any and all losses, damages, liabilities, costs, expenses (including costs and reasonable fees of attorneys and other professionals), judgments or settlement amounts arising out of or in connection with a claim from any client, customer, supplier and/or other business partner of the Publisher or any member of the Publisher’s Panel(s).
Terms and Termination
- a) This agreement is valid and binding for a period of one (1) year from the date hereof. The agreement is thereafter renewed for one (1) year at a time, unless terminated by either Party by written notice not later than three (3) months prior to the end of such period.
- b) If the Publisher fails to cure any breach of any material provision of this Agreement within ten (10) days after receipt of written notice thereof from Opinodo, Opinodo shall be entitled to terminate the Agreement immediately by written notice. In addition, Opinodo shall be entitled to terminate this Agreement, upon thirty (30) days written notice, if the Publisher is declared bankrupt, enters into composition or corporate reorganization proceedings or liquidation or can otherwise be assumed to have become insolvent.
Proprietary of Rights etc.
- a) The parties agree that any and all rights relating to the Opinodo System is and shall remain the sole property of and proprietary to Opinodo. Nothing in the Agreement shall alter these rights and no title to or ownership of the Opinodo System is transferred to the Publisher.
- b) The Publisher agrees not to make any attempt to obtain the source code or in any other way whatsoever create or permit others to attempt to create, by reverse compiling or disassembling or otherwise, any part of the Opinodo System.
- a) This Agreement constitute the entire agreement between the parties with respect to the subject matter thereof and hereof, and supersedes all proposals, oral or written, all previous negotiations, and all other communications between the parties with respect to the subject matter of the Agreement. No variations of the Agreement shall be valid unless made in writing and signed by or on behalf of the parties thereto.
- b) Opinodo may, without notice, in its sole discretion change the fees due to inter alia upgrades/improvements/modifications of the System.
- c) If any of the terms and provisions of this Agreement are declared void, invalid or unenforceable, this shall not invalidate or affect the rest of this Agreement which shall remain in full force and effect as if such invalidated or unenforceable terms or provisions had not been made part of this Agreement.
- d) The Publisher may not assign, transfer, delegate or pledge any of its rights and/or obligations under the Agreement without the prior written consent of Opinodo.
- e) This agreement shall be governed by and construed in accordance with laws of Denmark.
Copenhagen, April 4th, 2018.
WHAT PERSONAL DATA IS COLLECTED AND PROCESSED
HOW IS PERSONAL DATA COLLECTED?
WHY IS PERSONAL DATA COLLECTED AND PROCESSED?
SHARING OF DATA
RETENTION OF PERSONAL DATA
This Privacy Notice defines how Opinodo collects, stores, processes, discloses and otherwise uses your Personal Data (“Personal Data” which may also be referred to as Personally Identifiable Information or “PII”) and other information described in this Privacy Notice whether you are a member of a panel owned by Opinodo or one of Opinodo’s Partners, or if you are a participant directed to a survey or other market research program by one of Opinodo’s Partners or Clients.
Opinodo ApS is a Danish Limited Liability Company, and it operates the site Opinodo.com (from here Opinodo) and other affiliated sites on the internet. Opinodo is committed to protecting the privacy of the users of its site(s).
As Opinodo is established in Denmark, this Privacy Notice is based on the European Union General Data Protection Regulation or GDPR, which provides a high standard with respect to the protection of Personal Data. Depending on where you live, other privacy laws and regulations may apply as well.
This Privacy Notice, however, applies to residents of every and any country worldwide.
Opinodo will cause its affiliates to establish and maintain business procedures that are consistent with this Privacy Notice.
This Privacy Notice applies solely to Opinodo’s services, Opinodo’s Partner’s surveys and other market research programs, and not to any other product or service. However, the first may contain links to a number of third party websites that Opinodo believes may offer useful information to Opinodo users. The policies and procedures described in this Privacy Notice do not apply to those websites.
Opinodo recommends that you carefully read the privacy notices or policies of each site that you visit for information on their privacy, security, data collection and distribution policies.
By participating in any of Opinodo’s services, surveys or other market research programs or any of Opinodo’s websites following any Privacy Notice change, you freely and specifically give Opinodo your consent to collect, use, transfer and disclose your Personal Information in the manner specified in a current Privacy Notice.
WHAT PERSONAL DATA IS COLLECTED AND PROCESSED?
The Personal Data that is processed may include your name, address, ZIP/postal code, telephone number, e-mail address, date of birth, and other similar information. Opinodo may collect Personal Data directly from you when you voluntarily provide it, or may obtain Personal Data from Opinodo’s Partners, Clients or market research firms who have obtained a Participant’s consent.
Opinodo may also collect Personal Data from database owners who have assured that their databases comprise only individuals who have consented to be included and have their Personal Data shared.
From time to time Opinodo may collect Sensitive Personal Data. Depending on the country in which you live, this data may include financial information, religious views, political opinions, racial or ethnic origin, health records, etc. If Opinodo collects your Sensitive Personal Data, Opinodo will always obtain your explicit consent.
If you submit, upload or transmit content or material, including photos, videos, and/or any other similar or related content or material which may include your Personal Data, for example, when participating in surveys or other market research programs, such Personal data may be used and disclosed as described in this Privacy Notice and should not include audio, video, images, or the likeness of anyone other than you.
PERSONAL DATA FROM CHILDREN
Opinodo does not knowingly collect Personal Data from children below the age where parental consent is required. If Opinodo becomes aware that Opinodo has inadvertently collected Personal Data from a child below the age where parental consent is required, Opinodo will delete such Personal Data from its database.
HOW IS PERSONAL DATA COLLECTED?
Your Personal Data will always be collected for specific purposes by fair and lawful means. For example, Opinodo may collect your Personal Data when you register for or participate in an Opinodo panel, complete a survey, when you visit this or other websites run by Opinodo, when you participate in another market research program or via automated means or other methods.
Opinodo only collects Personal Data for market research purposes, and to make your experience while using our services or visiting our websites better.
Opinodo may use web beacons in its email messages to help determine whether its messages are opened and to verify any clicks through to links within the email or in advertising or website research to determine if a Panelist has viewed ads or other online content that Opinodo is following.
A web beacon (also known as a tag, clear gif or 1×1 pixel) consists of a small string of code that is embedded within a web page or email.
Opinodo may collect geo-location information from your device. This geo-location data may be used for fraud prevention or for market research purposes.
Opinodo may use digital fingerprinting technology to gather certain data about you and/or your computer or device. This data may include Personal Data such as an IP address, as well as non-Personal Data such as a computer operating system or browser version number. This data may be used for fraud prevention or to identify and track Panelist’s participation in a survey or other market research program.
Social Media Information:
A Panelist may be offered the opportunity to participate in surveys and other market research programs through or with social media platforms. If they choose to participate in surveys or other market research programs through or with social media platforms, Opinodo may, with their consent, collect certain profile information stored in their social media platform account.
Mobile Advertising Identifiers:
Opinodo may collect mobile advertising identifiers or obtain them from a Partner. A mobile advertising identifier is a string of numbers and letters that identifies an individual smartphone or tablet.
Log Files and Cookies:
Opinodo automatically gathers and stores certain information during survey and other market research program participation. Opinodo’s servers automatically record information that a browser sends whenever Panelists visit a website. These server logs may include information such as web request, IP address, browser type, browser language, the date and time of request and one or more cookies that may uniquely identify Panelist’s browser. This information is periodically deleted as part of normal maintenance routines.
Cookies Opinodo websites may use
|These cookies are used to collect information about how visitors use our site. We use the information to compile reports and to help us improve the site. The cookies collect information in an anonymous form, including the number of visitors to the site, where vistors have come to the site from and the pages they visited.||An overview of privacy at Google|
Most browsers accept cookies and Opinodo suggests that you continue to allow cookies.
Remember that blocking cookies can affect your experience online.
Changing your browser settings for cookies
You can adjust the settings in your web browser to determine whether sites can set cookies on your computer. If you’ve visited this website before, there may be previously-set cookies on your computer. You can find out how to delete them from the sites listed below.
- Cookie settings in Firefox
- Cookie settings in Internet Explorer
- Cookie settings in Google Chrome
- Cookie settings in Safari (OS X)
- Cookie settings in Safari (iOS)
- Cookie settings in Android
The full IP address will only be transmitted in exceptional circumstances to one of Google’s servers in the USA, where it will then be abbreviated. Google will use this information on behalf of Opinodo’s website operator to analyse your use of the website in order to compile reports about website activities for the website operator and to perform other services connected with the use of the website and of the Internet.
You can prevent cookies from being stored by applying the appropriate settings in your browser software. (See “Changing your browser settings for cookies” above.)
Information Opinodo Collects from Third Parties:
Opinodo may obtain Personal Data, behavioral and/or demographic information from third parties, including, without limitation, website owners and publishers, data management platforms, ad networks, information service bureaus, other market research suppliers and/or social media platforms.
Opinodo may use the Personal Data, behavioral and/or demographic data received from these third parties for various purposes, including, but without limitation, data validation, data append, development of marketing insights and fraud detection purposes.
WHY IS PERSONAL DATA COLLECTED AND PROCESSED?
Opinodo may collect and process Personal Data of a Panelist for a variety of reasons, including:
- Enabling participation in online surveys
- Gathering profiling information to better target specific surveys and other market research programs to a Panelist;
- Contacting Panelist to invite them to participate in surveys or other market research programs;
- Updating the records of Panelist’s Personal Data;
- Managing incentives programs and fulfilling Panelist’s requests for such incentives;
- Allowing Panelists to participate in sweepstakes (if permitted);
- Responding to any messages or requests a Panelist may send;
- Validating the profiling information or answers a Panelist provided to a survey or other market research program;
- Providing service and support to Panelists;
- Detecting and preventing violation of the Terms & Conditions;
- Investigating suspected fraudulent activity or violation of another party’s rights;
- Responding to duly authorized information requests of governmental authorities or where required by law;
- As otherwise authorized by a Panelist.
Note: Receiving email communications may be a requirement of your participation in surveys or other market research programs. A panelist can opt out from receiving these emails by unsubscribing from surveys or other market research programs at any time.
SHARING OF DATA
Opinodo may share your personal information and/or social-demographic information, including, without limitation, a unique identification number (“UID”), postal code, region, province, gender, marital status, education, ethnicity/race (where permitted by applicable law), employment related information, non-personally identifiable information on household members, consumer product and service usage and ownership (e.g., computers, cars, mobile devices, video games, etc.), home ownership, pet ownership, employment information (e.g., title, role, travel, industry, etc.), and social grade, with third party sample/market research companies (individually each a “Third Party MR Company” and collectively the “Third Party MR Companies”) for the following purposes:
1. Identifying client survey opportunities that you may be eligible for through the Third Party MR Companies; and
2. Disclosing such data elements to clients of the Third Party MR Companies for audience measurement services; and
3. Appending such data elements to completed client surveys and delivering the appended survey data to clients of the Third Party MR Company(ies) for analytical or research purposes; and
You have the right to review, correct, or delete your Personal Data, subject to applicable laws and regulations. Specifically:
- Right of access — You have the right to obtain confirmation and information about the processing of your Personal Data
- Right to rectification — You have the right to have any inaccuracies about your Personal Data corrected
- Right to erasure — You have the right to have your Personal Data deleted (this right is limited to data which according to law and regulation may only be processed with your consent, if you withdraw your consent for processing)
- Right to restriction of data processing — You have the right to require that the processing of your Personal Data be restricted (during the course of any investigation into honoring your request, Opinodo’s access to your Personal Data will be limited)
- Right to data portability — You have the right to have your Personal Data transferred to another party (this right is limited to data provided by you)
If you want to exercise any of your rights, you may contact Opinodo with such a request using the contact details provided in the “CONTACT US” section below.
Opinodo always ensures that it is permitted to process your Personal Data. Opinodo generally does this by obtaining your consent, however, in limited cases, Opinodo may use a statutory condition to process Personal Data.
If a statutory condition applies allowing Opinodo to process your Personal Data and you withdraw consent to process your Personal Data this will not necessarily mean that Opinodo will cease to process your Personal Data as it may, for example, be under a statutory duty to continue to process your Personal Data for some purposes, e.g. to keep copies of commercial transactions for a minimum of seven years.
RETENTION OF PERSONAL DATA
Opinodo will store Personal Data no longer than necessary for the purpose of the processing activity or as authorized by you. This period may also be based on Opinodo’s or one of Opinodo’s Partner’s contractual commitments to you, applicable periods of limitation (to bring claims) or according to applicable law.
Upon receiving a request from an individual, Opinodo will attempt to provide the requested information within 30 days, providing that the request is such that it can be reasonably responded to in that time frame.
If more time is required, Opinodo will notify you within 30 days.
In certain situations, however, Opinodo may not be able to provide access to some Personal Data. This may occur when:
- providing access to Personal Data would be likely to reveal Personal Data about a third party;
- disclosing the information would reveal confidential commercial information; or
- the information has been collected for the purposes of a legal investigation.
If Opinodo denies an individual’s request for access to their Personal Data, Opinodo will advise the individual of the reason for the refusal.
Opinodo values your opinion and feedback.
If you want to exercise your rights to review, correct, transfer or delete your Personal Data; if you have questions, comments or suggestions; if you would like to opt-out of our surveys or other market research programs; or if you have any questions about your Personal Data, please contact us:
Via email at: firstname.lastname@example.org
After signing up you will receive an email with an verification link. When you have verified your email, our onboarding team takes over.