Thank you for visiting our privacy page

Online95 are committed to protecting your privacy and the information you provide whilst visiting our website
or filling out one of our surveys (whether hosted on our own website or other websites on our behalf); abiding by the UK Market Research Society codes of conduct and Data Protection Act 1998

Whilst you are visiting our website (www.online95.com)

Our web servers record which pages you visit and also the IP address of all our visitors. We only ever use this information in aggregate form to improve the content of our site by analysing the most popular pages, and routes to our site, etc. We do not recognise your email address as part of this process

From time to time we monitor browser types, size of screens and whether cookies are used, to help us investigate why some people but not others have problems with our website(s). If you believe Online95 Limited has not adhered to our privacy policy, please contact us and we will endeavour to promptly resolve the problem

When you complete one of our surveys

1. Generally

These Terms and Conditions govern any Online95 Limited survey or panel membership, including without limitation any survey/panel(s) created, maintained and/or operated by Online95 Limited and/or its affiliates, subsidiaries and/or divisions (collectively referred to herein as "On95")

On95 will not mislead you about the nature of the research or how the data will be used

Certain solutions require us to email people invitations to take part in research. We do not "spam" or send emails to people who have not given their permission. If you receive an invitation to take part in one of our surveys, it will be because:

- You were randomly selected from a database of 'qualified' sample supplied by our client

- You have given permission for a company to supply your details to a third party for research purposes and On95 purchased a random sample of this list containing your record

- You were randomly selected from visitors to a particular website (i.e. every 100th visitor might be invited)

- You have taken part in previous research administered by On95 and given us your permission to contact you in the future for research purposes

If you have been sent an email by On95 and you do not believe you have given your permission or just wish your name to be removed from the database, let us know and we will ask the list provider to remove it

On95 often ask survey respondents for personal information such as age, sex, occupation, etc, this information is only used in an aggregated basis to determine which groups of people think certain things more than other groups of people. It is not identified to you personally

All survey responses are treated as confidential unless respondents specifically give their consent to the contrary

On95 sometimes use "Cookies" to ensure that you are not hassled by surveys more than once. A "Cookie" is a small piece of information which a web site stores via your web browser on your PC and which can later be retrieved. Cookies cannot be read by a website other than the one that set it. All our cookies are set to expire after a short period of time - often only days. None will contain information that will enable anyone to contact you via telephone, e-mail, or any other means. You can configure your browser to notify you when cookies are being placed on your computer. You can also turn them off and delete cookies you do not want

2. Use

Access to, and use of, an On95 survey or panel website (each a "Website" and collectively "Websites") is subject to these Terms and Conditions, and is limited to your personal, non-commercial use

Any use of a Website or Websites in violation of these Terms and Conditions is strictly prohibited

Participation in surveys are always optional and voluntary, and we are always thankful for your help. You are entitled at any stage or subsequently to ask that part or all of the record of your interview be destroyed or deleted. Wherever reasonable and practical, we will carry out such a request

You may terminate your membership of an On95 panel at any time; see Section 6 of these Terms and Conditions

Panel membership, and/or participation in a survey(s) offered, provided, hosted or administered by On95, within the United Kingdom, is open to individuals who are eighteen (18) years of age or older and to minors between the ages of thirteen (13) and seventeen (17) who have obtained permission or consent from their parent or guardian. Panel membership, and/or participation in a survey(s) offered, provided, hosted or administered by On95, outside of the United Kingdom, is open to individuals who are eighteen (18) years of age or older

IF YOU DO NOT QUALIFY, PLEASE DO NOT ATTEMPT TO REGISTER AS A PANEL MEMBER OR TO PARTICIPATE IN ANY SURVEY(S)

On95 reserves the right to refuse to offer or provide panel membership or other services to anyone, at anytime, in its sole discretion

3. Unauthorised Use(s)

You are prohibited from using spiders, robots or other automated data mining techniques to catalog, download, store or otherwise reproduce or distribute content available on a Website or to manipulate the results of any panel, poll, survey or prize draws on a Website

You are prohibited from taking any action to interfere with a Website or any other individual's use of a Website, including, without limitation, via means of overloading, "flooding", "mail bombing" or "crashing" a Website

You are prohibited from sending unsolicited email, including promotions and/or advertising of products or services, through a Website or forge or mask your true identity in any email or posting

You are prohibited from framing portions of a Website within another website or altering the appearance of a Website

You are prohibited from establishing links from any other website to any page of a Website without the prior express written permission of On95, and in no event shall links to any page other than the home page be established

You are prohibited from posting or transmitting any threatening, libelous, defamatory, obscene, scandalous, or inflammatory material or any material that could otherwise violate any law

You are prohibited from intentionally or willfully submitting falsified data and from committing any other fraudulent act(s) in connection with use of the panel or survey system

You are prohibited from encouraging, coaching, and/or advising any individual, including without limitation any On95 employee, to commit any act(s) prohibited hereunder

You acknowledge and agree that On95 will fully cooperate with any law enforcement authorities or court order, within the limits of all applicable laws, requesting or directing On95 to disclose or reveal the identity of anyone posting any such information or materials or using a Website or the Websites in violation of these Terms and Conditions

4. Intellectual Property

All pages and content within a Website and any related surveys, including but not limited to, text, graphics, audio, video, photographs, surveys, logos or other materials are the intellectual property of, or are authorised for use by, On95 and/or its clients, licensors, business partners and/or affiliates, including all trademarks, service marks, copyrights, patents and trade secrets contained therein. You are hereby expressly prohibited from modifying, copying, reproducing, creating derivative works of, republishing, displaying, uploading, posting, transmitting or distributing, in any way, the content available on a Website, without the prior express written consent of On95, which may be granted or withheld in the sole discretion of On95 and/or its clients, licensors, business partners and/or affiliates

5. Prize Drawings, Promotions and Payment

From time to time On95 may offer or conduct rewards points programs and/or recruitment incentives in connection with On95's panels and/or any survey or study. The rules governing rewards points programs and/or recruitment incentives, if offered, shall be provided in the email invitations, web intercepts or any other manner or method of invitation or recruitment. On95 may engage a third party to administer a rewards points program and/or recruitment incentives in connection with certain studies or surveys. In the event On95 engages such third party, the rewards points program and/or recruitment incentives will be subject, in addition to these Terms and Conditions, to the rules provided by such third party. On95 strongly recommends that you review all applicable rules. In the event of a direct conflict between these Terms and Conditions and the rules applicable to any rewards points program and/or recruitment incentives, these Terms and Conditions shall govern and control

For the purpose of these Terms and Conditions, the term "Active" shall mean that you participate in a survey or study, at least, once every six (6) months. On95 reserves the right to de-activate your account, without notice from On95, (a) if your account does not remain Active; (b) if On95 receives a hard bounce or delivery failure notice in regards to email communications sent by On95 to your email account; or (c) if you fail to respond to three (3) consecutiove survey invitations sent by On95. In the event that On95 de-activates your account for the foregoing reasons, On95 shall maintain any unredeemed reward points accrued prior to On95 de-activating your account for a period of ninety (90) days following de-activation, after which you will be deemed to have forfeited such reward points and On95 will immediately terminate your access to, and ability to redeem, such reward points

In the event that you voluntarily terminate your account pursuant to Section 6 of these Terms and Conditions, you will be deemed to have immediately forfeited your rights in and to any unredeemed reward points accrued prior to your voluntary termination, and On95 will immediately terminate your access to, and ability to redeem, such reward points

In the event that On95 terminates your account pursuant to Section 14 of these Terms and Conditions, you will be deemed to have immediately forfeited your rights in and to any unredeemed reward points accrued prior to such termination, and On95 will immediately terminate your access to, and ability to redeem, such reward points. The foregoing rights and/or remedies are in addition to any other rights and/or remedies available to On95, whether at law or in equity

6. Termination of Panel Membership

In the event that you voluntarily wish to terminate your membership of an On95 panel, you may terminate your membership by following the unsubscribe instructions contained within the applicable Website or contained within your respective membership account(s). You may also terminate your membership with On95 by sending an email directly to the membership services team for the appropriate On95 panel. On95 will use reasonable efforts to read and respond to each email request within a reasonable period of time. Upon termination, your membership account will be terminated and you will be removed from any further communication or contact lists. Please allow a few days for the complete removal of your information from On95's communication or contact lists; during which time period you may receive communications which were created or compiled prior to your termination. On95 apologises for any inconvenience. On95 will retain your Personal Information in On95's databases indefinitely; however, On95 will continue to protect such Personal Information

7. Third Party Information.

A Website may contain (i) links to websites maintained by a third party or third parties ("Third Party Websites") and/or (ii) information about products and/or services offered by a third party or third parties ("Third Party Information"). The inclusion of links to Third Party Websites and/or Third Party Information does not constitute an endorsement of such Third Party Websites or Third Party Information by On95. On95 does not, and will not, independently verify the business and/or privacy practices of the third party or third parties connected to the Third Party Websites and/or Third Party Information. On95 recommends that you independently investigate the Third Party Websites and Third Party Information and that you review all applicable terms and conditions and privacy policies

All information provided or supplied by a third party or third parties in connection with a Website are for informational purposes only and do no necessarily reflect or express the views and opinions of On95 and/or any of its respective employees and/or agents

8. Communications with On95

Any information, communication(s), or material(s) that you submit or transmit to On95 by electronic mail or otherwise, including any data, questions, comments, panel responses, suggestions or similar information or material, is and will be treated as non-confidential and non-proprietary information, unless specifically indicated by you either immediately prior to, or contemporaneously with, the submission or transmission of such information, communication(s) or material(s)

You acknowledge and agree that any such information, communication(s) and/or material(s) are submitted or transmitted to On95 on a non-confidential basis and On95 may use such information, communications and/or materials for any purpose(s). You further acknowledge and agree that any information, communication(s) and/or material(s) that you post in a public form on, or in connection with, a Website, shall become the property of On95 and may be used by On95 for any purpose(s) including, without limitation, reproduction, transmission, publication, broadcast and/or for posting on any Website(s)

You acknowledge and agree that On95 is free to use (or not use) any and all ideas, concepts, know-how, tools, methods, procedures, techniques and/or any similar information and/or materials, submitted, communicated or transmitted to On95 by you, in connection with your use of a Website, for any purpose(s), without compensation due and owing to you and without any notice to or consent from you

9. Disclaimer

THE WEBSITES, INCLUDING ALL INFORMATION, CONTENT, MATERIALS OR SERVICES MADE AVAILABLE ON, OR ACCESSED THROUGH, THE WEBSITES, ARE PROVIDED "AS IS". TO THE FULLEST EXTENT PERMISSIBLE BY LAW, ON95 DOES NOT MAKE ANY REPRESENTATIONS OR WARRANTIES OF ANY KIND WHATSOEVER IN CONNECTION WITH ANY CONTENT ON THE WEBSITES. FURTHER, ON95 HEREBY DISCLAIMS ANY AND ALL EXPRESS OR IMPLIED WARRANTIES, INCLUDING, WITHOUT LIMITATIONS, NON-INFRINGEMENT, MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. ON95 DOES NOT WARRANT THAT THE TOOLS OR FUNCTIONS CONTAINED IN THE WEBSITES OR ANY INFORMATION, CONTENT OR MATERIAL CONTAINED THEREIN, WILL BE UNINTERRUPTED OR ERROR FREE, THAT DEFECTS WILL BE CORRECTED, THAT THE SYSTEMS OR THE SERVER(S) THAT SUPPORT THE WEBSITES AND MAKE THE WEBSITES AVAILABLE WILL BE CORRECTED, OR THAT THE SYSTEMS OR THE SERVER(S) THAT SUPPORT THE WEBSITES AND MAKE THE WEBSITES AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS

10. Changes

All information posted on a Website is subject to change without prior notice. In addition, these Terms and Conditions may be changed at any time without prior notice from On95. Any changes to these Terms and Conditions will be posted on the Websites. On95 recommends that you check the Websites frequently for any changes. Your continued use of, and access to, a Website, after these Terms and Conditions are modified, constitute your acceptance of these Terms and Conditions, as modified

11. Indemnification

You agree to indemnify, defend and hold harmless On95, its affiliates and subsidiaries and each of their respective divisions, members, managers, shareholders, directors, officers, employees and/or agents from and against any and all claims, demands, liabilities, losses, and/or costs and/or expenses, including reasonable attorneys' fees and court costs, arising out of, resulting from, in connection with, or caused by, whether directly or indirectly, (i) your breach or violation of these Terms and Conditions and/or (ii) your breach or violation of applicable international, national, and/or local laws, codes, regulations, rules and/or requirements

12. Limitations of Liability

EXCEPT TO THE EXTENT PROHIBITED BY APPLICABLE LAWS, YOU ACKNOWLEDGE AND AGREE THAT IN NO EVENT WILL ON95 BE LIABLE, OR OTHERWISE RESPONSIBLE, TO YOU FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL AND/OR PUNITIVE DAMAGES, ARISING OUT OF, RESULTING FROM, IN CONNECTION WITH, OR CAUSED BY, WHETHER DIRECTLY OR INDIRECTLY, (i) YOUR MEMBERSHIP TO AN ON95 PANEL; (ii) YOUR RELIANCE ON, OR USE OF, ANY INFORMATION, SERVICES AND/OR MERCHANDISE PROVIDED BY, ON, OR THROUGH ANY WEBSITE(S); AND/OR (iii) YOUR PARTICIPATION IN ANY SURVEY(S) OFFERED, PROVIDED, HOSTED, OR ADMINISTERED BY ON95 AND/OR ITS EMPLOYEES AND/OR AGENTS, REGARDLESS OF WHETHER ON95 IS INFORMED OF THE POSSIBILITY THE SOME MAY EXIST

13. Compliance with Applicable Laws

You acknowledge and agree that you will comply with all applicable laws, statutes, ordinances and regulations regarding your use of all applicable Websites

14. Suspension and Termination

Without limiting any other available remedies, On95 may, without any notice, suspend or terminate your membership to an On95 panel if you breach, violate or otherwise fail to abide by or comply with these Terms and Conditions

15. Restrictions on Survey Participation by On95 Employees

A. General. On95's business is built on the unsurpassed quality and integrity of the data collected and maintained within On95's panels and collected during surveys offered, provided, hosted or administered by On95. To maintain this level of quality and integrity, On95 requires all employees to abide by the policy and procedures set forth in this Section 15

B. Restriction. On95 employees and their Immediate Family Member(s) (as defined herein) of the same residence are not eligible to receive any payments, prizes or incentives for taking a survey(s) offered, provided, hosted or administered by On95. For the purpose of this Section 15, the term "Immediate Family Member(s)" includes parents, spouses, children or significant others (e.g. girlfriends/boyfriends, domestic partners, and spousal equivalents). A reference to members of the same residence shall include anyone who resides in the same household as a member, including without limitation any roommate(s)

C. Procedures. On95's employees may join any appropriate On95 panel(s) or take part in a survey(s) offered, provided, hosted or administered by On95 only after receiving written permission from their respective manager, and only for the sole purpose of improving On95's products and/or services. On95's employees must always be honest and report accurate information in connection with joining an On95 panel or participating in a survey(s) offered, provided, hosted or administered by On95. If altered demographic data must be used, for specific testing or other legitimate purpose(s), On95's management will give specific written consent and instructions on how to report this activity and ensure that such data is not included in the final survey results

D. Improper Conduct. Except as authorised by On95's management in writing; On95 classifies the intentional or willful falsification of data as a fraudulent act. In the event that such fraudulent act(s) are committed or perpetrated by an employee of On95, whether alone or in connection with another party, such employees' employment with On95 will be immediately terminated. In the event that a member(s) is found to have cooperated or participated in such fraudulent act(s), such panel member(s) will be subject to appropriate disciplinary action(s) as permitted pursuant to these Terms and Conditions, including without limitation the forfeiture of any rewards or reward points, received or accumulated by such panel member(s)

16. Notices

All notices to be sent or provided to On95 and/or an On95 panel should be correctly addressed to the applicable e-mail or business address, and shall be sufficiently delivered if delivered: (i) by Federal Express, Express Mail, or other nationally or internationally recognised overnight courier service (in which case notice shall be effective one (1) business day following dispatch); (ii) by certified mail, return receipt requested, postage prepaid (in which case notice shall be effective six (6) days following deposit in mail); or (iii) by e-mail (in which case notice shall be effective one (1) day following the date the e-mail was sent, provided that the sender did not receive an error message stating that delivery of the e-mail was delayed, that the e-mail address was invalid or that the e-mail otherwise could not be delivered to the intended recipient)

On95 may provide required notice(s) to you either (i) via the e-mail address provided by you to On95 (in which case notice shall be effective one (1) day following the date the e-mail was sent, provided that On95 did not receive an error message stating that delivery of the e-mail was delayed, that the e-mail address was invalid, or that the e-mail otherwise could not be delivered to the intended recipient); or (ii) by certified mail, return receipt requested, postage prepaid addressed to the address provided by you to On95 (in which case notice shall be effective six (6) days following deposit in mail)

17. Severability

If any provision of these Terms and Conditions shall be held or declared to be invalid or unenforceable for any reason by any court of competent jurisdiction, such provision shall be deemed null and void and shall not affect the application and/or interpretation of these Terms and Conditions. The remaining provisions of these Terms and Conditions shall continue in full force and effect, as if the invalid or unenforceable provision was not a part of these Terms and Conditions

18. Governing Laws; Disputes

These Terms and Conditions shall be governed by and construed in accordance with the laws of England and Wales, without regard to its conflict of laws principles. Any controversy or claim arising out of or relating to these Terms and Conditions and/or your membership to an On95 panel shall be settled by binding arbitration in accordance with the laws of England and Wales. Any such controversy or claim shall be arbitrated on an individual basis and shall not be consolidated in any arbitration with any claim or controversy of any other party

19. Miscellaneous Terms

The headings contained in these Terms and Conditions are for reference only and shall have no effect on the interpretation and/or application of these Terms and Conditions

On95's failure to enforce a breach by you of these Terms and Conditions shall not waive or release you from such breach and shall not waive, release or prevent On95 from enforcing any subsequent breach by you of these Terms and Conditions

These Terms and Conditions and any policy or policies referenced or incorporated into these Terms and Conditions, represents the entire understanding and agreement between On95 and you with respect to the subject matter hereof

20. Questions

Any questions regarding these Terms and Conditions should be directed, in accordance with Section 16, to:

Online95 Limited
PO Box 1342
MAIDSTONE
ME14 9RZ

21. Agreement

By agreeing to participate in any On95's research surveys or to become an On95 panel member, you signify your acceptance of these Terms and Conditions

Last Updated: Monday 14th October 2013

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