The present General Conditions will apply to the use of the website https://zinklar.com/ and, in particular to the hiring of the Zinklar Services through our Platform (hereinafter the “ZINKLAR Platform” or the “Platform”, indistinctly). The browsing of the website and/or the use of the Platform gives access to the status of “User” and implies full acceptance of the following General Conditions.

Zinklar.com is a domain owned by MOVIL ACCESS, S.L., whose identification data appear in section 1 below.

MOVIL ACCESS, S.L. reserves the right to modify, at any time and without prior notice, the configuration of this website, the ZINKLAR Platform, and/or the following General Conditions.

1. Identification

MOVIL ACCESS, S.L. is a company constituted in accordance with Spanish Law, having its Registered Office at Barcelona, Ronda General Mitre 126 (Barcelona), registered in the Mercantile Register of Barcelona in Volume 37.661, Folio 50, Sheet number B-307.719, and with C.I.F. number B-63884282 (hereinafter, “MOVIL ACCESS”).

In the case of UK business, the registered office is Movil Access Limited – Company Number: 11754825 – VAT number: 322816909 – Wells House, 80 Upper Street (London N1 0NU)

In the case of Brazil business, the registered offices is Movil Access Brasil LTDA – CPF/CNPJ: 42.054.583/0001-83 – Av Dr Cardoso Melo 1608, Andar 8 – Vila Olimpica – CEP: 04548 – 005 Sao Paulo – Incripción Municipal: 6.946.205-4

The activity of MOVIL ACCESS consists of the provision of online market research services, through a mobile application, from the ZINKLAR Platform.

2. Object

The ZINKLAR platform uses a patented technology owned by MOVIL ACCESS that provides companies and professionals with the opportunity to conduct surveys among consumers of a certain profile in order to get real-time answers (hereinafter the “ZINKLAR Services”).

The ZINKLAR Services allow designing market research projects through questionnaires and launching them at any time to a wide range of consumer targets, which receive and answer them using their mobile phone. This process makes it easier to obtain real-time results. The questionnaires can be designed directly by the User himself or, if he so wishes, with the assistance of the support team[1] of MOVIL ACCESS.

The Targets that respond to the surveys are anonymous subjects, previously selected for this purpose from an exclusive consumer panel of all types of sources, which is owned and managed by a supplier of consumer panels with which MOVIL ACCESS has signed a Partnership Agreement.

3. Conditions of access and use of Zinklar.com

3.1. Registration

In order to access the ZINKLAR Services, the User must register in advance in the Platform by filling a form which requires name, surnames, email address and information of the Company he/she represents, and expressly accept both the present General Conditions and the Privacy Policy.

3.2. Veracity of the Information

The User guarantees the authenticity of the data communicated through the Platform. It will be the responsibility of the User to keep all the information provided to ZINKLAR permanently updated.

3.3. Correct use of the Website

The User undertakes to use both the Platform and the ZINKLAR Services in accordance with the Law, these General Conditions and any other notices and instructions notified, as well as generally accepted moral standards and good practice, and public order.

In this respect, the User also undertakes to refrain from using the Platform and the ZINKLAR Services for purposes which are illicit or damaging to the rights and interests of third parties, or in any other way that damages, overloads or disables the normal use of the Platform, computer equipment, documents, files or any other type of content stored on any computer equipment of MOVIL ACCESS or of third parties.

In particular, but not limited to, the User undertakes to abstain from using the Platform with the following purposes:

• Reproduce, copy, distribute, make available or in any other way publicly communicate, transform or modify the contents of the Platform, unless authorized by the owner of the corresponding rights, or legally permitted;
• Delete, manipulate or alter the copyright and other identifying data of the reservation of rights of MOVIL ACCESS or its holders;
• Violate the industrial or intellectual property rights of MOVIL ACCESS;
• Compile data for advertising purposes and send advertising of any kind and communications for sales or other commercial purposes;
• Send electronic message chains;
• Request personal data.

3.4. Hyperlinks

Users intending to provide a hyperlink from their website to the Platform (hereinafter, the “Hyperlink”), must meet the following conditions:

• The Hyperlink will only allow access to the homepage of the Platform, but may not reproduce it in any way;
• No misrepresentations shall be made regarding the Platform or the ZINKLAR services;
• The User may not claim or suggest that MOVIL ACCESS has authorized or approved the hyperlink or the website where the hyperlink is inserted;
• The website where the hyperlink is inserted will not offer any illegal information or content contrary to the generally accepted moral standards and good practice, public order or injurious to the rights of third parties.

MOVIL ACCESS does not supervise or control in any way the content offered on the linked sites. The User assumes any liability and/or compensation for damages that may result from browsing through these sites, with total indemnity for MOVIL ACCESS.

4. Contracting ZINKLAR Services[2]

4.1.Customer Registration

For the hiring of ZINKLAR Services, the User must register as “client”, after completing the appropriate form by entering the name, surname and email address, the company he/she represents and billing information.

The user registered as “client” will have a private area, available through the Platform, from which he/she can manage the contracted services with ZINKLAR.

To access to the private area, the client must introduce the username (access mail) and a password (login credentials). These credentials will be personal and non-transferable, and the client must ensure its correct use, as well as its confidentiality.

The employees of ZINKLAR may have access to the stored data in the client’s private area, with the sole purpose of providing the offered services through the Platform and, in particular, to perform the support work requested by the client at any time, as long as the client expressly authorizes it. In addition, the employees of ZINKLAR may have access to the client’s private area without previous authorization from the client to the performance of maintenance tasks, settings and/or updates in the Platform.

The employees of ZINKLAR may not have access to the client’s private area for any other different purpose from the another expressed in the previous paragraph. In any case, the employees of ZINKLAR are informed about the confidentiality of all the information of the client’s private area, and it is mandatory they keep the strictest professional secrecy about all the information to which they have access due their work. Furthermore, it is mandatory they adopt the necessary security measures to ensure such confidentiality.

4.2 Target type and sample size definition

The User must define the type of Target and the size of the sample before setting the questionnaire.

4.3. Configuration of the questionnaire to be sent to the Targets

The User must define the contents of the questionnaire that will be sent to the Targets. The User may configure these contents freely, or with the help of the ZINKLAR support services[3].

The User is the sole and exclusive responsible for the information requested to the Targets through the questionnaires. However, it is expressly prohibited to ask or send directly to the Targets, questions and/or requests with illicit purposes or effects, classed as a criminal offence, or attempting against fundamental rights and public liberties recognized constitutionally, in the international Treaties and other legislation or, in any case, contrary to morality or public order.

MOVIL ACCESS reserves the right to cancel the User’s account as a “Client”, automatically and without prior notice, of such User breaking the prohibition set forth in the previous paragraph, and also reserves the right to exercise all those actions for damages against such User and to report his/her action to the competent authorities, in case that such action constitutes an evidence of the commission of an infringement or a criminal act. In this case, the User who contracted a subscription to the ZINKLAR Services under the terms indicated in section 4.4 c) below, will not have the right to recover the remaining amount of the Fee at the time of the cancellation of his/her account as a “Client”.

4.4. Method of payment

The user will purchase a package of credits which will be added to their plan. The credits will act as the available balance in the plan. Users can purchase packages of credits in the following ways:

a) Credit Card

Payments by credit card will be made through a virtual POS in a payment platform.

b) Direct Debit

Likewise, through the virtual POS of the Platform, the User can provide a bank account number where the price of the Project contracted in each case will be charged directly.

c) Bank transfer

The Platform also allows Users to contract a subscription to the ZINKLAR Services by setting up an initial Fee, the amount of which can be charged and/or increased through the virtual POS, either by credit card or by bank transfer.

In this case, if the payment is made with a credit card, the Fee will be automatically available as long as the payment has been accepted by the virtual POS. On the contrary, if the payment is made by bank transfer or direct debit, the Fee will be available at the moment in which the transfer is valued in the MOVIL ACCESS account indicated for that purpose.

4.5. Launch of the questionnaire

When the User pays the price of a contracted report by clicking the “Confirm” key (in case of having contracted a subscription to the ZINKLAR Services), the questionnaire will be automatically sent for its presentation to the panellists and the amount of the price paid by the User will be deducted from the available Fee at that moment, in case of having contracted a subscription to the ZINKLAR Services. Likewise, invitations will automatically be sent to the individuals that constitute the Target sample previously selected by the User, who will receive on their mobile phone an invitation to participate in the study, as well as the questionnaire that they will have to answer within a certain period of time.

After the first minutes since the launch of the questionnaire, the User will be able to display the responses of the Targets, as they are sent.

4.7. Survey completion and displaying the result

The User may display the result of the survey progressively, as the Targets respond to the questionnaire, or when the survey is over.  The result of the survey shall be available for a maximum term of 365 days. After that period, MOVIL ACCES may eliminate the result of the survey of the Platform with due regard for the User’s right to request a copy of it[4].

4.8 Rejection of questionnaires

MOVIL ACCESS reserves the right to automatically reject any questionnaire made by a User in the following cases:

• • If the questionnaire can’t be answered due to incorrect information sent by the User.
  • If the content of the questionnaire is not directly related to market research (for example, advertising).
  • If the questionnaire has links that direct to other research companies, registers or other panels or links that are not related to the content of the questionnaire.
  • If the questionnaire offers some type of additional incentive.
  • If the questionnaire contains serious misspellings, is written in a User’s different language or its content is inappropriate (obscene vocabulary, insults, etc.)
  • If the User incurs through the questionnaire in any of the situations of incorrect use of the Platform listed in section 3.3 of these General Conditions.

4.9 Validity of credit balances

• • Getting started: Each credit package will be valid for 3 months from the purchase date. All remaining credits if any shall not be refundable. 

• Advanced / Enterprise: Credits are valid for 12 months from the expiry date. Existing credits roll over into the new plan as part of the renewal. All remaining credits if any shall not be refundable.

4.10 Cancelling Zinklar Services

Customers can opt to cancel their subscription account, although the terms of this are dependent on the specific plan. 

• Advanced / Enterprise: Full payment of an annual subscription is required upfront. There are no refunds if a client wants to cancel at any point in the 12-month contracted time. 

5. Responsibility and guarantee disclaimer

5.1. Availability, continuity and utility of the Platform and the ZINKLAR Services

MOVIL ACCESS does not guarantee the availability and continuity of the operation of the Platform. Notwithstanding the foregoing, as long as this is possible, MOVIL ACCESS will give prior warning of any interruptions in the operation of the Platform.

MOVIL ACCESS does not guarantee the success of the business actions that the Users of the Platform may undertake based on the results obtained from contracting a ZINKLAR Service.

MOVIL ACCESS excludes, with the full extension permitted by the Law, any liability for damages that may be due to the lack of availability or continuity of the operation of the Platform, the defrauding of the usefulness that Users may have attributed to the Platform and/or to the ZINKLAR Services.

Notwithstanding the foregoing, MOVIL ACCESS has a customer service in order to attend to any incident that may arise in connection with the contracting of any ZINKLAR Service. This customer service is available on weekdays from 9 a.m. to 6 p.m. (local time).

5.2 Privacy and security in the use of the Platform

MOVIL ACCESS has adopted all the necessary security measures to guarantee the privacy and security of the use of the Platform, taking into account the current state of the technology. Notwithstanding the foregoing, invulnerability in the network does not exist, so MOVIL ACCESS does not guarantee that unauthorised third parties are not able to obtain information of the type, conditions, characteristics and circumstances of the use that Users make of the Platform, excluding, as far as the law permits, any liability for damages for this reason.

5.3. Quality of contents

MOVIL ACCESS does not control or guarantee the absence of viruses or other elements in the contents of the Platform that may produce alterations in the Users’ computer system or in the information stored therein, excluding, to the fullest extent permitted by the Law, any liability for damages for this reason.

5.4 Veracity, accuracy and validity

Targets that respond to the questionnaires are part of a closed exclusive consumer panel, which can only be accessed by invitation. The panel supplier guarantees the quality of it. Notwithstanding the foregoing, MOVIL ACCESS can not guarantee the veracity, legality and/or validity of the responses offered by the Targets, on which the ZINKLAR Services are based, excluding, to the fullest extent permitted by the law, any liability for damages for this reason.

5.5 Use of the Platform by Users

MOVIL ACCESS does not have the obligation to control the use made of the Platform by its Users, and does not guarantee neither the compliance of these General Conditions by them, nor their diligent action.

Likewise, MOVIL ACCESS is not obliged to verify the identity of the Users, nor the veracity of the information which they provide about themselves.

Consequently, MOVIL ACCESS excludes any liability for damages caused by the use of the Platform by Users or by the lack of truthfulness of the information provided and in particular, but not limited to, excludes any liability for damages that could arise from the impersonation of a third party carried out by the User.

5.6 Confidentiality and correct use of the results of the questionnaires

The results of the questionnaires launched through the Platform are strictly confidential.

The User undertakes to make a diligent, correct and in accordance with the Law, morality and public order use of the results of the questionnaires, with total indemnity for MOVIL ACCESS. In particular, but not limited to, the User:

• May reproduce, distribute, allow public access through any form of public communication, transform or modify the results, unless such actions involve a violation of current legislation;
• Shall refrain from suppressing, evading or manipulating the copyright and other data that identifies the rights of the owners included in the results of the questionnaires;
• Shall refrain from using the results of the questionnaires in a manner or with effects that are contrary to the Law, morality or public order.

6. Intellectual and industrial property

The intellectual and industrial property rights of the present web page, the Platform, the ZINKLAR services and, in particular, but not limited to, its source code, design, trademarks, trade names or distinctive signs of any kind that appear in them, are property of MOVIL ACCESS or third parties, and the use of the Platform and/or the engagement of the ZINKLAR Services can not be understood to give the User any right over the aforementioned elements, beyond what is strictly necessary for the correct use of the Platform and the engagement of the ZINKLAR Services.

In particular, both the system and the procedures for obtaining and transmitting data on which the ZINKLAR Services are based are protected by the Spanish patent ES 2 247 953, owned by MOVIL ACCESS.

With the acceptance of these General Conditions the User expressly declares to know and accept that, in case of contracting the ZINKLAR Services, MOVIL ACCESS may use its logos, trademarks and image on the web and other marketing materials of ZINKLAR RESEARCH with the only and exclusive purpose of proposing them as a success case, authorizing it expressly. The User may revoke this authorization, at any time, by sending a written request in this regard to the following email address: [email protected].

7. Applicable law and jurisdiction

The engagement of the ZINKLAR Services carried out through the Platform shall be governed by the Spanish law.

Any disagreement that may arise regarding the interpretation, compliance, breach or validity of these General Conditions will be subject to the jurisdiction of the Courts and Tribunals of the city of Barcelona, with an express waiver of any other jurisdiction.

8. Informative clause on personal data protection

Controller

In accordance with the General European Data Protection Regulation 2016/679 of the European Union (hereinafter, “GDPR”), your personal data will be processed by MÓVIL ACCESS S.L. (hereinafter, ZINKLAR) as Controller, with Tax ID No.: B-63884282 and address in Ronda del General Mitre, 126, 08021 Barcelona, Spain.

Main purposes and legitimization

Your personal data will be processed for the following purposes and in compliance with the legislation in force:

• To manage and comply with the relationship established, including the entering into and filing of contracts, accounts management, compliance with tax and invoicing obligations. The legitimisation for data processing is the execution of the contract and the compliance with legal obligations.
• The periodical sending of publicity and newsletters by ZINKLAR in their status as client through any channel. The legitimisation for the data processing is the legitimate interest.
• The periodical sending of publicity and newsletters by ZINKLAR through any channel adapted to their needs going to external sources and sources that are accessible to the public, including when the contractual relationship has terminated. The legitimisation for the data processing is your explicit consent.

We inform you that the data provided will be treated in a safe, confidential and exclusive way for the purposes described and will not be processed subsequently in a way that is incompatible with said purposes. The fact of not providing your personal data would imply not being able to comply with the provision of the purpose described and informed of. Unless we are notified to the contrary, we will understand that the personal data provided has not been modified and that you commit to notifying us of any variation in them as soon as possible.

Recipients

Your data may be disclosed / communicated to the following recipients when applicable and according to the legislation in force:

• Public Administrations and Bodies when required by tax, labor and Social Security legislation or any other that is applicable.
• Companies engaged for the processing of data, such as collaborators or suppliers that provide services to ZINKLAR, such as external consultants and professional advisors, such as lawyers, auditors, accountants, computer specialists when applicable and according to legislation.
• International transfer of data may arise due to the aforementioned disclosure/communication for which ZINKLAR will use Contractual Clauses of the kind adapted by the European Commission and the EU-USA Privacy Shield as a guarantee for those transfers carried out to countries that do not have an adequacy decision from the European Commission. In any case, the third parties with whom certain personal data is shared will have previously certified the adoption of technical and organisational measures for their correct protection.

Retention of Personal Data

The personal data provided will be retained based on the following criteria:

• Obligation and legally-prescribed periods for retention
• Duration of the contractual relationship established between the parties.
• Statute of limitations of the legal responsibilities that could derive from the contractual relationship established between the Parties.

Rights

The possibility of exercising at any moment your right to obtain confirmation on whether your personal data is being processed or not is informed of, as well as exercising the rights of access, rectification, limitation of processing, removal, transferability and opposition regarding the processing of your data. You may also withdraw any consent granted or submit a complaint regarding data protection.

In order to exercise your rights and receive a reply within the deadlines established by the legislation in force on data protection, you may make contact through the e-mail address [email protected] attaching, always, a copy of your Identity Card or Resident’s Card.

Likewise, we inform you that may submit a complaint to the Spanish Data Protection Agency, especially when you consider that you have not satisfactorily obtained the exercise of your rights, via the website opened to the effect by the Control Authority (https://www.agpd.es).

[1] This support may be subject to additional costs.

[2] The conditions contained in this section will be considered valid as long as the project is launched between 9 a.m. and 6 p.m. (local time).

[3] These services may be subject to additional costs.

[4] The optional service of copying the data may entail an associated cost.