Terms and Conditions - GDPR

The purpose of these general conditions of use (hereinafter referred to as the "General Conditions of Use") is to govern your Membership of Maximiles, the Opinion Platform in Ireland and Europe, and to define your rights and obligations as a Member.
 

This Opinion Platform is provided by Bilendi, a public limited company with share capital of €365 702.32 registered with the Paris Trade and Companies Registry under number RCS PARIS 428 254 874, whose registered office is located at 4, rue de Ventadour 75001 Paris France.
 

We invite you to read the Agreement carefully and to print it out if you wish, before completing the online registration formalities for Maximiles, the Opinion Platform. You can only become a Maximiles Member once you have correctly completed the registration form and accepted the terms of the Agreement by clicking on "Free registration".
 

By registering with Maximiles, the Opinion Platform, you agree and confirm that:
(I) you have read, understood and accepted the Agreement,
(II) you meet the conditions for Membership,
(III) you agree that all of the provisions set out in the Agreement shall apply to you until you cancel or we cancel your Membership in accordance with the terms set out in Article 12 of the Terms and Conditions

1. Definitions

We have given a special meaning to certain words regularly used in the Contract, which begin with a capital letter. You will find below the definitions we have given them:
Account: refers to all of the data specific to each Member and the space in which the Member can manage his/her Maximiles Membership

Application: means the Maximiles mobile service available on download platforms and which enables Members (i) to be informed of the various Maximiles services, in particular by means of a notification and (ii) to access the Site and the Rewards.

Company: refers to the company Bilendi SA identified in the preamble to these General Terms of Use.

Contract: refers to the General Terms and Conditions of Use, the Privacy Policy and the Cookies Policy in force on the date of Membership or updated in accordance with the terms of these documents

Cookie: refers to a small text file placed and stored on the hard drive of your computer, tablet or smartphone which contains and records data about you

Opinion Platform: refers to the service that enables you to earn Points by participating in our Research Partners' projects (e.g. online surveys, product tests or online communities) to which you are invited by e-mail, on the Site, by notification in the Application or by SMS provided that you have given your explicit consent to the latter. Registration on the Opinion Platform constitutes acceptance of your participation in the surveys as a Member of the Opinion Platform.

Points: refers to the unit of account distributed to Members for their participation in the Opinion Platform. These Points are referred to on the Site as Maximiles Points.

Member: refers to any natural person registered on the Opinion Platform.

Membership: means becoming a Member of the Opinion Platform.

Partner: refers mainly to a Research Partner, but also to any other partner, service provider or subcontractor that we use.

Research Partner: refers to any research institute, university, academic researcher, research centre, media and consultancy agency, marketing, innovation and statistics department of a company, and any other organisation or company carrying out statistical surveys, product tests or online communities with Members.

Rewards: refers to the services provided by Maximiles in exchange for the conversion by a Member of all or part of his or her Points received as part of his or her participation in the Opinion Platform.

Site: refers to all our websites accessible via URLs, including, without limitation: www.maximiles.ie 

2. Description of the Opinion Platform

The Opinion Platform offers you the opportunity to earn Points by participating in the projects of our Research Partners by registering via the Site or the Application. The purpose of the Maximiles Opinion Platform is to enable our Members to access projects and earn Points, particularly on the Website, the Application and/or on websites and applications.

3. Platform Membership Rules

3.1. Membership is reserved for individuals whose main place of residence is in Ireland.

Registration is only possible from the age of 16. If you are under eighteen (18) years of age, you acknowledge that you have received authorisation from your parent(s), guardian(s) or legal representative(s) to participate in the Opinion Platform and, in particular, to convert your Points into Rewards.

We reserve the right to ask you for proof that you are old enough to join the Opinion Platform. The Membership form must be completed with your legal civil identity (first name, surname, etc.).

Membership is reserved for people whose main place of residence is in Ireland.

3.2 Free, no-obligation membership

Your membership of the Opinion Platform is free, without obligation and may be terminated at any time by either party.

3.3. Access to the Platform

When you sign up, you must choose a username in the form of a valid email address and a password of at least eight (8) characters, including one number and one uppercase letter, which will give you access to your Maximiles Account. Only one Account per person and per e-mail address will be allocated. Following your request for Membership, an email will be sent to the email address provided. Your Membership will only be definitively validated once you have clicked on the activation link in this email. Your Account will be protected by the password you have chosen. You undertake not to communicate it to any other person; otherwise we cannot be held liable in any way whatsoever in the event of fraudulent use of your password.

If you lose and/or forget your password, you can reset it by going to the following page: http://www.maximiles.ie/reset-password. You will receive an email with a link enabling you to reset your password. You must not lend, give, sell or generally make your Account and/or password available to a third party for any reason whatsoever.

3.4. Your membership

Once you have complied with the above conditions, correctly completed the registration form and accepted the Contract by clicking on "Free registration", you will become a Member of the Opinion Platform in Ireland and Europe.

By joining the Opinion Platform, you will be able to earn Points by taking part in online surveys, product tests or online communities. You will be able to exchange these Points for Rewards.

For online surveys, you will receive an invitation by e-mail. If you have given your explicit consent, you may also receive SMS invitations to take part in surveys. For surveys accessible via the Maximiles application, the invitation may be sent by notification to your smartphone or tablet.

In order to be a Member of the Opinion Platform, you must consent to the processing of your personal data in order to be invited to the surveys, to receive our e-mails, which is a condition for successful participation in the surveys carried out by our Research Partners, and to be able to take part in these surveys. In particular, you agree to us processing your personal data in order to create your profile with a view to sending you relevant surveys. Each survey is aimed at participants with very specific characteristics. The selection of participants invited to take part in a survey depends both on our customer's needs and on a random selection of participants. This means that not all participants can take part in all surveys. It is therefore not possible to choose which surveys you wish to take part in. For more information on the processing of your personal data, please consult our Privacy Policy. You may withdraw your consent to the processing of your personal data at any time.

You are free to participate in the surveys to which you have been invited.

By subscribing to the Opinion Platform, you agree to deposit the cookies required to target the surveys that will be offered to you in return for a set number of Points.

3.5. Closing your Account

If your Account is inactive for a period of thirty-six (36) months, i.e. if you do not acquire Points on the Platform for a consecutive period of thirty-six (36) months, your Membership of the Opinion Platform will automatically terminate and you will no longer be a Member. An information email will be sent to you before your Account is closed.

4. Connection

4.1 Internet access

In order to use the Opinion Platform, you must have Internet access either directly or via devices with access to Internet content. You will be solely responsible for the costs of telephone communications to enable connection to the Internet and to the Site, the Application and/or the websites and applications.

4.2 Connection conditions

You must also have all the equipment necessary to ensure this connection to the Internet network, in particular a computer and a modem or any other connection tool, and have an e-mail address

5. Functioning of the Opinion Platform 

5.1 Points acquisition

You earn Points in particular:

- by taking part in surveys designed by our Research Partners,
- by taking part in product tests designed by our Research Partners,
- by taking part in our Research Partners' online communities,
- by sponsoring new Members in accordance with the procedure described on the Site,
- and in the context of any other operation that we put in place

The number of Points acquired for each operation will be communicated to you on the Site or the Application or via e-mail. The number of Points and the conditions for obtaining Points change according to the study and opinion project.

5.2 Acquisition of Points when participating in our Study Partners' projects

You will receive Maximiles Points for your participation in our projects. The allocation of Points is based in particular on the time required for a survey. We will inform you of the total Points available, the expected duration and the deadline for participation in the invitation email for each project. If your participation in a survey is complete and complies with the rules, Points are automatically credited to your Account after your participation. Points will be credited if the answers provided by the Member are sincere and of good quality and the comments are neither inappropriate nor offensive. If no reward is provided for taking part in the survey, you will be informed of this beforehand in the invitation email. In certain exceptional cases, the Company reserves the right to modify the stated reward after the event. As part of our Research Partners' projects, we invite Members to take part in surveys, product tests or online communities:

- by e-mail;
- by notification in the Application;
- by SMS, with your explicit agreement;
- by instant messaging and social networks;
- and on the Site

For each survey, we carry out a quality control of the answers to detect, in particular, incoherent answers, inappropriate and insulting comments and to check the response times. We reserve the right to cancel a Point credit immediately and without formality, or to exclude a Member in the event that he/she has not respected his/her commitments.

5.3 Sponsorship

You can earn Maximiles points by referring a new member. There is no limit to the number of referrals, but you can only earn 6 referral bonus per year. Any fraudulent use of the Opinion Platform (e.g. self-sponsorship, multiple sponsorship of Members who are clearly not participating in the Opinion Platform, etc.) will be penalised by exclusion from the Platform and the loss of Points earned for both the sponsor and the sponsored Member. Sponsorship Points are only considered validated when the sponsored Member reaches the minimum level of activity set in the current sponsorship programme. 

5.4 Points conversion

As a Member, you may use the Points you have received, unless your Membership to the Opinion Platform is terminated in the meantime.

The descriptive list of Rewards that we offer and the number of Points required to obtain these Rewards appear on the Site. The descriptive list of Rewards and the number of Points required to obtain them may be modified in particular to take account of Member demand or the possibilities of obtaining supplies from our suppliers. The Company ensures the regular and accurate payment of donations and also coordinates the exchange of Points for bank transfers and gift vouchers. The terms and conditions of use of the latter are the responsibility of the respective suppliers. The Company is free to cooperate with other suppliers at any time.

You must make your Points conversion request in accordance with the procedure described on the Site. You expressly accept that any Reward you choose will become definitive and enforceable as soon as you request the conversion of your Points. Consequently, you waive any right of withdrawal, if applicable, in respect of the Reward you have chosen. The number of Points corresponding to your Reward will be deducted from your Points statement as soon as you request conversion and these Points cannot be re-credited to you, except in exceptional circumstances. Any Reward will only be issued on your instructions and will only be made in IRELAND. You alone shall be entitled to claim a Reward and to authorise the debiting of your corresponding Points. You have a maximum of 45 calendar days from the date of your request to redeem your Points to submit a claim for an undelivered Reward. Your Points can only be exchanged for the Rewards listed on our Site or Application at the time of your conversion request. Rewards are not transferable, exchangeable or redeemable for cash or any other form of credit and are not refundable or exchangeable for other Rewards. In the event of an error in the allocation of a Reward on the Site, resulting from the entry or calculation of Points, the Company reserves the right not to provide the Member with the Reward or to require the Member to return the Reward, in which case the Member's Points statement will be credited with the number of Points corresponding to the said Reward.

The Opinion Platform Member shall ensure that the Company has accurate bank details. The Opinion Platform Member is responsible for payments lost due to incorrect bank details.

5.5 Legal framework for Rewards

If necessary, we may pass on to the relevant tax authorities the information available on each Member receiving a Reward. In accordance with current laws on the protection of minors, we reserve the right to refuse a Reward to a Member under the age of eighteen (18). Law allows you to receive tax-free compensation up to a certain annual amount. Beyond this limit, we remind you that it is your responsibility to declare the income received from your Internet activities to your tax office.

5.6 Your Points balance

You can check your Points balance on your Points statement on the Site and on the Application by entering your password. Any complaint relating to the balance on your Points statement must be sent to us via the complaints area on the Site. Depending on the findings of the investigation we carry out, we may or may not re-credit your Points statement with the number of Points you have complained about. Your Points are distributed on a permanent basis subject to what is stipulated in articles 5.1, 5.7, 5.8 and 12 of the General Terms and Conditions of Use.

5.7 Validity of your Points

Your points will be valid until your Account is closed and/or your Membership terminated, subject to article 5.8 of the General Terms and Conditions of Use, and except in the event of the application of one or more of the hypotheses set out in article 12 of the General Terms and Conditions of Use.

5.8 Failure to use the Platform

Your Points will be automatically deleted if your Account is inactive for twelve (12) months, i.e. if you do not acquire Points on the Platform for a period of twelve (12) consecutive months. An information email will be sent to you prior to this deletion. You will nevertheless remain a member of the Opinion Platform, subject to the terms of article 3.5 of the General Terms and Conditions of Use.

6. Intellectual property rights

6.1 Copyright

The Platform, as well as the materials contained on the Site and the Application, including but not limited to software, content, sketches, graphics, logos, text, information, data or files (hereinafter the "Protected Content") are the exclusive property of the Company, its subsidiaries and/or licensors, and are protected by copyright laws.

Any use or reproduction of the Protected Content that is not authorised pursuant to these Terms and Conditions of Use, or without our prior written consent, is strictly prohibited and may infringe the intellectual property rights of the Company, its subsidiaries and/or licensors.

6.2 Trademarks

The trademarks and logos of the Company, its subsidiaries, the Study Partners and the Study Partners' clients are the property of the Company, its subsidiaries, the Study Partners, the Study Partners' clients, their suppliers or licensors and may not be copied, imitated or used, in whole or in part, without the prior written consent of their respective owners.

7. Limitation of liability clause 

7.1 Deadlines for delivery of Rewards

We cannot be held responsible for cases of force majeure or for any errors you may have made in the information provided, which are necessary for the correct delivery of the Rewards. The delivery times shown on the Site are given for information only, and may change depending on the delivery times of Reward suppliers and banks.

7.2 Quality of the Rewards and limitation of liability

Members are invited to refer to the description of each Reward for its precise characteristics. In the event that, despite what is stated above, we are held liable, either as a result of a breach of the Agreement or as a result of an incident relating in particular to the Reward, our liability will be limited to the obligation to re-credit your Maximiles Account, if necessary, with the number of Points debited for the issue of the Reward to which the incident relates.

7.3 Points

Any risk of theft or fraudulent use of your Points will be your responsibility from the moment the Points are credited to your Maximiles Account. We therefore decline all responsibility for the loss, theft or fraudulent use of your Points.

7.4 Commitments

In addition, we undertake, and you undertake, that each of the parties will never be held liable for any indirect damage, such as, but not limited to, loss of profit, loss of opportunity, etc., which may result from the use of this website.

7.5 Miscellaneous

We cannot be held responsible for late, lost or misdirected mail, or for mail sent to an incorrect address, electronic or otherwise.

7.6 Faults

We shall not be held liable for any loss or damage suffered as a result of a failure to access the Site or the Application. Similarly, we cannot be held liable for any damage or loss resulting from the loss of access to the Site or the Application.

8. Conduct, obligations and liability of Members

8.1 General information

As part of your Membership, you declare that you will only provide accurate, up-to-date and complete information about yourself, as requested. You undertake to update this information promptly and to ensure that it is accurate, up-to-date and complete.

In particular, you undertake not to make any fraudulent, misappropriate or ill-intentioned use of the Platform.

You declare that you will only use Maximiles the Opinion Platform for personal and non-professional purposes.

You acknowledge and agree that you are solely responsible for the content of your transmissions via the Opinion Platform. In particular, you undertake not to provide any content that is unlawful, defamatory, obscene, pornographic, indecent, licentious, suggestive, harassing, threatening, invasive of privacy or rights to the protection of personality, abusive, inflammatory, false, inaccurate, misleading, fraudulent, impersonatory, infringing of intellectual property rights, breach of confidentiality or any other right of any individual or third party.

8.2 Confidentiality
You undertake to keep secret the entire content of the surveys submitted to you The content of each project is confidential and intellectual property. Reproduction, modification, disclosure and any form of use require written authorisation from the author.

8.3 Loss of username and password
You must inform us as soon as possible of any loss, misappropriation or unauthorised use of your username or we shall be entitled to cancel your Membership of the Platform in the event of loss.

8.4 Hacking
The data circulating on the Internet network is not protected against possible misappropriation or hacking You undertake to comply with the codes of conduct, practices and rules of behaviour published on the Site and the Application, as well as the user manuals and warnings reproduced or mentioned by us and/or our Partners.

8.5 Fraud
You are prohibited from reproducing, copying, selling, reselling or exploiting for commercial purposes all or part of the Platform, any use of the Platform or any right of access to the Platform You may not attempt to obtain or fraudulently obtain Points. Any fraud or abuse may result in administrative and/or legal action being taken by us including confiscation of your Points and Rewards obtained and cancellation or termination of your Membership.

Any deliberate act of purchase, sale, transfer, fraudulent use or exchange of Accredited Points or any other use of Points contrary to the Contract, as well as any process or manoeuvre whose purpose is to obtain Points without full compliance with the conditions for the acquisition of Points on the Site or on the Application, is grounds for the automatic termination of the Contract, it being specified that in this case, these facts may be interpreted as damage intentionally caused to our business.

8.6.Viruses
You must not under any circumstances, knowingly or otherwise, communicate viruses, altered data or any other harmful or destructive files or information to the Company or our Partners, and more particularly on the Site and/or the Application.

9. Processing of your personal data and Cookies

Part of your use of Maximiles on the Internet, the Site and/or via the Application, we may process personal data about you. We may also use cookies when you browse the Website or the Application.
For more information on the processing of your personal data and the use of Cookies, please consult our Privacy Policy and our Cookies Policy.

We undertake not to pass on to our Research Partners any of your personal membership data or any of your personal data provided in the qualification questionnaires. Your answers to a survey are only communicated to our Research Partner who has designed the project and who is responsible for processing this project. In the context of our Research Partners' projects, we do not use your personal data for purposes other than those set out in the Confidentiality Policy. We reserve the right to transmit non-personal data in anonymised and/or pseudonymised form to our Study Partners as part of their projects.

10. Cooperation with the public authorities

We reserve the right to cooperate, in accordance with the law, with the public authorities carrying out checks in relation to content and/or services accessible via the Internet network or to illegal activities carried out by you.

11. Duration of the Contract

The Contract comes into force on your acceptance and will continue for an indefinite period unless terminated in accordance with Article 12 of the General Terms and Conditions of Use.

12. Termination 

12.1 Termination by the Member

The Contract may be terminated by you at any time in accordance with the procedure described on the Site or by registered letter with acknowledgement of receipt to Bilendi, 4 rue de Ventadour, 75001 Paris France. For processing reasons, your cancellation request will be processed within a maximum of seven (7) days.

In addition, your Membership implies your consent to the processing of your personal data, which is inseparable from your participation in the Maximiles programme with a view to completing surveys and obtaining Rewards. Consequently, if you withdraw your consent, object to the processing of your personal data, delete your personal data or restrict the processing of your personal data, the Agreement will be terminated immediately and automatically.

12.2 Termination by the Opinion Platform

In the event that one or more of the cases set out below applies, we reserve the right to terminate the Contract ipso jure, without prior notice and without legal formalities, by e-mail or by post:

- use of the Platform contrary to public order and morality,
- infringement of our rights or those of a third party, including those referred to in article 6,
- use of abusive language or language inciting hatred and violence
- act affecting the operation of the Opinion Platform
- death,
- transfer of your Points to one or more Accounts belonging to other Members, sale of your Points to a third party and more generally any use of your Points contrary to the contractual stipulations,
- loss, misappropriation or unauthorised use of your login,
- communication,fraudulent use of your password,
- fraudulent, devious or ill-intentioned use of the Platform (in particular, creation of several Accounts for the same person, manoeuvres leading to the unjustified earning of Points, in particular by setting up automation systems),
- any behaviour detected as fraudulent
- making your Account available to a third party,
- any failure to provide and/or maintain true, up-to-date, accurate and complete information about you,
- any substantial failure on your part to fulfil your obligations under the Contract,
- any failure to comply with the provisions of article 8

Accordingly, we will, without further notice to you, cancel your Points, your Account, any unused Rewards and your Membership and you shall, where applicable, bear all costs of any damages, legal proceedings or other expenses incurred.

We may also terminate the Contract ipso jure and without legal formalities by e-mail or by post giving two (2) weeks' notice in the event of :

- legislative or regulatory change or any decision by an administrative authority substantially affecting the provision of the Platform,
- discontinuation of the Platform

12.3 Consequences of termination

In the event of termination of the Contract, whatever the cause of such termination, it is expressly provided that you shall remain liable for compliance with the obligations arising prior to the date of termination of the Contract.

You may not claim any compensation as a result of the termination of the Contract.

13. Changes to / termination of the Opinion Platform

We reserve the right to change or modify at any time, without limitation, any element of the Platform, the accumulation of Points and the Rewards. These changes will be communicated to you on the Site or by any other means. We will submit significant changes to you for approval. If you do not agree to the changes to the Platform, we will treat this as a termination of the Agreement by you in accordance with clause 12.1 of the Terms and Conditions. We reserve the right, at any time, to modify, suspend or discontinue, temporarily or permanently, all or part of the Platform. We will inform you in advance as soon as possible. We shall not be liable to you or to any third party for any modification, suspension or interruption of the Platform.

14. Amendment of the Contract 

Any new version of the General Terms and Conditions of Use, the Privacy Policy or the Cookies Policy will be submitted to you for approval, except for those clauses which do not comply with applicable law or which are imposed by applicable law. In any event, we will inform you if changes are made to the Contract. If you do not accept the new provisions of the Contract, we shall consider that you have terminated the Contract in accordance with article 12.1 of the General Terms and Conditions of Use.

15. Applicable law and jurisdiction

TO THE FULLEST EXTENT PERMITTED BY LAW, THE CONTRACT IS GOVERNED BY IRISH LAW. ALL DISPUTES ARISING FROM THE INTERPRETATION, PERFORMANCE OR TERMINATION OF THE CONTRACT SHALL BE SUBMITTED TO THE COMPETENT COURTS.

16. Miscellaneous

The Agreement sets out the entire agreement between you and us in relation to the Opinion Platform and supersedes any prior agreement between you and us. If one or more provisions of the Agreement are held to be invalid or declared as such in application of a law, regulation or following a decision by a competent court, the other clauses will retain their force and scope. The fact that one of the parties does not avail itself of a breach by the other party of any of its obligations referred to in the Contract, or delays in exercising any of its rights under the Contract, shall not constitute a definitive waiver of the performance of this or any other provision, or of the exercise of this or any other right. The titles of the articles are for information purposes only.