Panellist agreement

Terms and Conditions

EMCS Advisory Ltd, a company incorporated under the laws of Malta, bearing registration number C29798, with its registered office at Centris Business Gateway II, Level 4, Triq is-Salib tal-Imriehel Zone 3, Central Business District, Birkirkara, Malta acting through its market research division branded “Riċerka” (hereinafter referred to as “Riċerka”, “We” or “Us”).


and


You, the undersigned, hereinafter referred to as “the Panellist” or “You”. The words “Yours” and “Your” shall be interpreted as referring to “You”.

Jointly referred to as “the Parties” and separately “the Party”.



1. Appointment

1.1. By accepting these terms and conditions (hereinafter “Terms and Conditions”), You would be accepting to act as a Panellist for Riċerka under these terms and conditions. By proceeding with the registration, you would be entering into a legal relationship with Riċerka and subject to legal rights and obligations.

1.2. To be eligible to act as a Panellist, You have to:-

(i) Be at least 18 years old or the age of majority in your jurisdiction;

(ii) Have access to the internet and a valid email address.

(iii) Provide accurate and truthful information during the registration process;

(iv) Use your real and full name and your identity.

1.3. Should you become ineligible to act as a Panellist or should it transpire subsequent to your registration that You would have breached any of the eligibility criteria You may forfeit any of your rights as arising out of these Terms and Conditions

1.4. In your capacity as Panellist, You shall have access (according to predetermined factors) to online surveys, research activities and/or studies (hereinafter jointly referred to as “Activities” and the word “Activity” shall refer to any one of the Activities) and shall behave in a manner consonant with in-good-faith participation in the Activities.

2. Obligations

2.1. By clicking on “I Agree” below, You will be joining Riċerka’s panel and become a Panellist and, as such, You shall be legally obliged to:-

  1. Provide honest and thoughtful responses.
  2. Not attempt to complete the same Activity more than once unless invited to do so.
  3. Keep survey and research content confidential.
  4. Not share login credentials or access to panel materials with anyone else.
  5. Not enrol other individuals and/or bots to participate in the Activities in your stead.
  6. Not set up multiple profiles which belong just to You.
  7. Not set up syndicates, groups and/or behave in collusion with other individuals/groups to provide coordinate replies or to provide replies to any Activities.
  8. Act independently, freely and honesty in the provision of all replies to all Activities.

2.2 Furthermore, by clicking on “I Agree” below, You would be obliging yourself to inform us should any eligibility criteria cease to apply to You.

3. Compensation

3.1. By completing fully a survey or a study, You may become entitled and/or eligible for compensation (hereinafter “Compensation”). It shall be entirely in the discretion of Riċerka to determine the nature of the Compensation so however that it is hereby being understood and agreed that Compensation may include cash, gift cards, sweepstakes, entries and/or other incentives.

3.2. Compensation details shall be clearly communicated to the Panellists before participation in each Activity.

3.3. Furthermore, Compensation shall be subject to verification of the fulfilment of the Terms and Conditions

3.4. All Compensation is non-transferable and, should Compensation be in kind, it shall not be in any manner subject to be exchanged and/or redeemed for cash.

4. Confidentiality, Intellectual Property and Data Use

4.1. You are to treat all Activities contents with the utmost confidentiality. This means that You are not to distribute, share, render public, use for Your own benefit (except the rights as arising out of the present Terms and Conditions) or that of any third party the Activities, the information contained therein and/or any further information You would have obtained by reason of your being a Panellist.

4.2. You shall ensure to log out of your Riċerka account should you use a public terminal and You shall not use any devices which are not secure (subject to some form of privacy security systems such as PIN, pattern designs, fingerprint unlocking and so on).

4.3. You shall not coerce any fellow Panellist to answer in any manner and You shall not try to influence the opinion/s of any Panellist, even if they are in your householder.

4.4. Nothing in these Terms and Conditions shall give rise to any claim to any intellectual property. You hereby agree that all intellectual property arising out of Riċerka’s platform vests exclusively in Riċerka or third parties and any reproduction by whichever means (including screenshots, printing and such like) may give rise to prosecution and claims for intellectual property breaches. You shall not copy, share, or reproduce any content whatsoever.

4.5. You hereby agree that all Your personal data shall be processed in terms of our Personal Data Protection Policy. Furthermore, You are hereby agreeing that your personal data may be shared with third party suppliers for the purposes of the Compensation to which You may become entitled in terms of these Terms and Conditions. We guarantee, however, that in such case, we shall only transfer Your personal data to providers/suppliers situated within the EEA.

4.6. You also acknowledge and agree that by agreeing to these Terms and Conditions, You shall be entering into a contractual relationship with Us and hence, the Terms and Conditions contained in the Personal Data Protection Policy shall apply to Our contractual relationship with You insofar as You shall be one of our contracting Parties. Furthermore, please note the extra data protection policy considerations governing Our relationship with You found in Annex A attached hereto.

4.7. We may also record (audio/video) You during specific sessions, but this will always be disclosed in advance and require your express consent.

4.8. For the purposes of these terms and conditions, EMCS Advisory Ltd. is the Controller and You are the Data Subject.

5. Termination

5.1. We reserve the right to terminate Your legal relationship with Riċerka and participation as a Panellist without prior notice if you:

  1. Provide false information.
  2. Violate these Terms and Conditions.
  3. Attempt to manipulate or game the system (e.g., through fraudulent survey taking).

5.2. We may also choose to terminate your legal relationship with Riċerka and participation as a Panellist without cause by giving you a 15-day notice in writing sent to the email address You would have used during registration.

5.3. You shall be at liberty to leave the Panellist role at any point in time without giving any notice by contacting our support team through your profile page on the Riċerka portal.

6. Exclusion of Liability

We shall not be, in any manner, liable to you for any damages whatsoever which would be result of Your participation in the Activities. Your involvement is voluntary, and You can choose not to answer any questions that make you uncomfortable. You may also interrupt Your participation at any point.

7. Changes to Terms

We reserve the right to update or modify these Terms and Conditions at any time. We shall notify you of significant changes via email or within your panelist dashboard.

8. Applicable Law and Jurisdiction

8.1. These Terms and Conditions are subject to Maltese Law and any disputes arising therefrom shall be subjected to the competent Maltese Courts which shall have exclusive jurisdiction to decide thereupon.

9. Contact Information

If you have any questions or concerns regarding these Terms, please contact us at support@ricerka.com.mt or call +356 2777 2777.

Annex A

In addition to the EMCS Group Data Protection Policy, this Annex lists additional personal data considerations peculiar to our relationship with you.

1. In addition to the personal data pertaining to You listed in our Personal Data Protection Policy, we shall process the personal data pertaining to You listed below:-

Account holder’s Name

IBAN Number

2. We shall also ask for the name of your banking institution and your BIC Code (which are not personal data but which form part for the full suite of information which we shall hold to your account.

4. We shall carry out the following processing activities on these personal data namely:-

Storage, access and sharing, deletion/erasure.

4. We shall retain such personal data for five years from the end of Your contractual relationship with us.

5. The purposes of processing is payment of compensation in accordance with the provisions of the Terms and Conditions.