SURVEY PARTICIPATION AGREEMENT
This Survey Participation Agreement is an agreement between the Respondent and the COMPANY governing the Respondent’s participation in the Survey on a voluntary basis, as defined below.
The Respondent shall carefully read the terms and conditions hereof prior to deciding whether or not to participate in the Survey. Should the Respondent disagree with the terms and conditions hereof, the Respondent shall withdraw from the Survey.
Only natural persons are eligible to participate in the Survey.
By submitting the completed form available at https://store.my.games/personaldata/mygames/ to the COMPANY, the Respondent:
(A) confirms that the Respondent has read, understood and unconditionally accepted the terms hereof, and guarantees to comply herewith in course of participation in the Survey;
(B) acknowledges and agrees that the Respondent has independently assessed the need for participation in the Survey without relying on any representations, warranties or statements other than those expressly set forth herein;
(C) represents and warrants that the Respondent has reached the age of legal capacity as required by the applicable laws and thereby is eligible for entering into contracts.
1. TERMS AND DEFINITIONS
In this Agreement, the following definitions, when capitalized, shall have the following meanings:
Agreement – this Survey Participation Agreement that defines the terms and conditions governing the Respondent’s participation in the Survey, available at https://legal.pixonic.com/other/survey_participation_agmt_en.html.
COMPANY – MY.GAMES HOLDINGS LTD, a company established and operating under the legislation of the Cyprus, with its registered office at 28 Oktovriou, 243, CHRISTIANA SEA VIEW COURT, 7th floor, flat/office 702/802, 3035, Limassol, Cyprus. The activities of the COMPANY, among other things, are aimed at the development, implementation, promotion of services and products (including software, mobile applications) on the Internet.
Respondent – natural person, who has reached the age that allows, in accordance with the applicable laws, to bear full responsibility for the Respondent’s own actions (fully capable person), and also meets all the criteria stipulated herein.
Survey – a non-discriminatory Survey aimed at assessing the attractiveness and ergonomics of products and services for Internet users, analyzing the consumer properties of products and services, with a view to leveraging the Survey results to improve products and services, determining the COMPANY’s marketing strategy, conducting advertising campaigns, as well as for scientific, promotional, educational and other similar purposes.
Survey Results – a knowledge base, an array of premises and guidelines regarding the COMPANY’s products, services, and marketing strategy, obtained in the course of the Survey.
2. SUBJECT MATTER OF THE AGREEMENT
2.1. The Respondent shall take part in the Survey on the conditions specified herein, and the COMPANY shall accept the services rendered.
2.2. For the purposes of the Survey, the Respondent shall:
2.2.1. provide reliable and necessary information;
2.2.2. answer the questions from the COMPANY provided as part of the Survey;
2.2.3. perform actions necessary for the purposes of the Survey;
2.2.4. complete the tasks that comprise the Survey.
2.3. The Survey shall be conducted online.
2.4. The Survey can take the form of testing or interviews.
2.5. The Respondent hereby expresses the COMPANY the consent to the photo and video recording of the Respondent’s image (with the Respondent’s voice being recorded both as part of the video and separately), as well as the recording of the Respondent’s behavior during the Survey, should the COMPANY deem this necessary to ensure objective Survey Results, as well as their further use.
2.6. The Respondent hereby acknowledges and agrees that all intellectual property rights to the Survey Results shall be owned by the COMPANY. The COMPANY shall have the right to use the Survey Results whenever, wherever, and however it may deem appropriate, in particular, by publishing the Survey Results. For the avoidance of doubt, the Survey Results may contain an image, a recording of the voice and other information about the Respondent. At the same time, the COMPANY shall use the information obtained from the Respondents in such a manner as not to compromise their privacy, publicity or business reputation.
3. CONFIDENTIAL INFORMATION
3.1. The Respondent shall agree to deem the following data as confidential information (as proprietary information to the extent permitted by the applicable laws): any information owned by and being of actual or potential value for the COMPANY as long as third parties are unaware thereof and unauthorized to access thereto, should the Respondent be granted access thereto while participating in the Survey. In particular, the confidential information shall include:
3.1.1. any information obtained in the course of the Survey;
3.1.2. information about the COMPANY’s products and services, including new ones
3.1.3. technical information, including information about the COMPANY’s information systems, methodologies and regulations governing the use and operation thereof, reports on surveys and tests, projects, technical drawings, information about the materials used, workflow and production techniques, software object and source codes, as well as visualized images of the aforementioned information;
3.1.4. business information, including the COMPANY’s archive data, pricing procedures, marketing plans, survey data;
3.1.5. strategic information, including new product and/or service offerings, and/or market proposals; plans or negotiations on issues related to the COMPANY’s activities;
3.1.6. information from third parties provided to the COMPANY on a confidential basis: economic activities, technologies, techniques, methodologies, software, as well as other data of the COMPANY's counterparties, affiliated persons and business partners;
3.1.7. other data and information that may be of actual or potential value for the COMPANY.
3.2. The Respondent shall observe all possible measures and make one’s best efforts to protect the COMPANY’s confidential information, and not disclose it to third parties without the COMPANY’s consent.
3.3. The Respondent shall fulfill the non-disclosure obligations throughout the period hereof, and within ten (10) years from the date of expiration or early termination hereof.
3.4. Should the Respondent fail to fulfill the non-disclosure obligations, the Respondent shall reimburse the COMPANY for all losses incurred as a result of such disclosure.
4. PERSONAL DATA
4.1. The COMPANY shall process the data obtained from the Respondent in the manner specified in Annex No. 1 hereto and the applicable laws.
Should the Parties hereto fail to completely and/or properly fulfill their obligations hereunder, the Parties shall be liable pursuant to the applicable laws.
IN RESPECT OF RESPONDENTS RESIDING IN THE EUROPEAN UNION OR EUROPEAN ECONOMIC AREA, THE FOLLOWING PROVISION SHALL APPLY:
THE COMPANY SHALL USE ITS BEST JUDGMENT, DUE DILIGENCE AND CARE TO ENSURE THAT THE SURVEY IS CONDUCTED PROPERLY.
SHOULD THE COMPANY BE FOUND LIABLE, IT MAY BE EXEMPTED FROM THE LIABILITY, IN PART OR IN WHOLE, PROVIDED THAT THE COMPANY CAN PROVE THAT THE FAILURE TO COMPLETELY AND/OR PROPERLY FULFILL ITS OBLIGATIONS HAS RESULTED FROM THE ACTIONS OF RESPONDENTS OR THIRD PARTIES, OR UNFORESEEN IRRESISTIBLE COMPULSION, SUPERIOR STRENGTH OR FORCE MAJEURE.
IN RESPECT OF RESPONDENTS RESIDING OUTSIDE THE EUROPEAN UNION OR EUROPEAN ECONOMIC AREA, THE FOLLOWING PROVISION SHALL APPLY:
TO THE MAXIMUM EXTENT ALLOWED BY THE APPLICABLE LAWS, NEITHER THE COMPANY NOR ITS AFFILIATES, THEIR OFFICERS, DIRECTORS, EMPLOYEES, LICENSORS, OR PARTNERS SHALL BEAR ANY LIABILITY TO THE RESPONDENT FOR ANY DAMAGE (INCLUDING, BUT NOT LIMITED TO, ACTUAL LOSSES, INCIDENTAL LOSSES, INDIRECT LOSSES, LOST PROFIT, OR LOST DATA, REGARDLESS OF WHETHER SUCH DAMAGE WAS PREDICTABLE OR NOT) ARISING HEREFROM OR IN CONNECTION WITH THE RESPONDENT’S PARTICIPATION IN THE SURVEY.
THE RESPONDENT SHALL ACCESS THE INTERNET TO TAKE PART IN THE SURVEY. ALL INTERNET ACCESS CHARGES SHALL BE INCURRED BY THE RESPONDENT. THE COMPANY SHALL NOT BE LIABLE FOR ANY DAMAGE CAUSED TO THE RESPONDENT AS A RESULT OF CONNECTION TO THE INTERNET OR INSTALLATION OF MALICIOUS SOFTWARE ON THE RESPONDENT’S COMPUTER.
SHOULD THE APPLICABLE LAW PROHIBIT THE LIMITATION OF OR EXEMPTION FROM THE LIABILITY, THE COMPANY'S LIABILITY SHOULD BE LIMITED TO THE MAXIMUM PERMITTED EXTENT.
6. OTHER PROVISIONS
Unless such an assignment may restrict the Respondent’s rights, the COMPANY reserves the right to assign its rights and obligations imposed hereby to any third party at its discretion by notifying the Respondent by e-mail and by publishing the amended Agreement. The Respondent’s rights and obligations hereunder shall be deemed to have been transferred to the assignee of the COMPANY at the time the aforesaid notification is sent or publication is posted.
The Respondent’s rights and obligations hereunder shall be deemed personal and non-assignable.
6.2. AMENDMENTS, UPDATES, AND CHANGES
The COMPANY shall at any time have the right to change the terms and conditions hereof at its discretion, subject to notification to the Respondent. Should the Respondent disagree with amendments, updates and changes hereto, the Respondent shall have the right to terminate this Agreement.
6.3. AGREEMENT PERIOD AND TERMINATION
This Agreement shall be entered into by filling out the form posted at https://store.my.games/personaldata/mygames/, and clicking the “Submit” button (or its equivalent) under the form. After completing these actions, a copy hereof shall be automatically sent to the email address provided by the Respondent. This Agreement shall be valid throughout the Survey period.
Both the Respondent and the COMPANY shall at any time have the right to terminate this Agreement with no reasons given, subject to notification to the other party.
Sections 3, 4, 5, and 6 shall survive the termination hereof.
6.4. APPLICABLE LAW AND DISPUTE RESOLUTION
Unless otherwise expressly provided by applicable law, this Agreement shall be governed by and construed in accordance with the applicable laws of England and Wales. All disputes arising out of or in connection herewith shall be subject to mandatory pre-trial settlement by the COMPANY and the Respondent. The Respondent shall be entitled to send a letter of claim to the COMPANY’s address specified in section 1 hereof. Should the Parties fail to reach an agreement during the pre-trial settlement, the dispute shall be submitted for final settlement to a court having jurisdiction at the COMPANY’s location, unless otherwise expressly provided for in the applicable law.
In respect of the Respondents residing in France, this Agreement shall be governed by French law and any disputes arising out of the formation, interpretation or execution hereof shall be subject to the exclusive jurisdiction of the French courts.
Should the Respondent make any claims against the COMPANY in connection with one’s participation in the Survey, the Respondent shall submit the claims within 1 (one) year or another period, if such a period is provided for in the applicable law, from the moment such a claim arises or the moment when the Respondent became, or should have become, aware of the facts that led to such claims, whichever is later. Should the Respondent fail to make a claim within the period specified herein, the period shall be deemed expired.
Pursuant to Article 14 of EU Regulations No. 524/2013, the European Commission provides consumers with an online dispute resolution platform available at: https://ec.europa.eu/consumers/odr/.
Should the court declare one or more provisions hereof null and void, the remaining provisions hereof shall remain valid and continue to have full legal force and effect. Should one or more provisions hereof be declared null and void, the COMPANY and the Respondent agree to implement the general tenor and scope hereof as accurately as possible.
The English version hereof shall only be legally binding. Any translations of this document into other languages are provided for the Respondent’s convenience only.
Annex No. 1
to Survey Participation Agreement
PROCESSING OF PERSONAL DATA STATEMENT
We take your privacy seriously. This Statement is to help you understand what personal information we collect, why we collect it and what we do with it. This is important and we hope you will take time to read it carefully.
We have tried to keep it as simple as possible, but if you do not understand any of the terms in this Statement, then please contact us.
For the purposes of relevant data protection legislation, MY.GAMES HOLDINGS LTD, located at 28 Oktovriou, 243, CHRISTIANA SEA VIEW COURT, 7th floor, flat/office 702/802, 3035, Limassol, Cyprus (MY.GAMES/ us/ we/ our), is the data controller of the information you provide in course of filling out the form for participation in the Survey. This Statement sets out what information we collect and process about you.
Information that we collect about you
By submitting the form for participation in the Survey to us we will obtain or have access to certain information about you including your name, age, gender, scope of activity, contact detail and other related details you provide or provided about you in the course of your participation in the Survey.
How we use your information
We use the information we collect from you for the purposes of:
• Evaluating and progressing results of the Survey;
• Evaluating the attractiveness and ergonomics of our products and services for Internet users; and
• Analysing consumer properties of our products and service.
We process your data for the purposes identified above, as necessary, (1) for the legitimate interests of us and other third parties; (2) to comply with our legal obligations. We also process your data where you have otherwise provided consent.
We do not require you to submit any special categories of personal data, such as personal data relating to your health or religion.
Information that we share
We may share your personal information with companies, organisations and individuals where one of the following circumstances applies:
• to our affiliates, including to personnel of our affiliates, for administrative and management, subject to us taking reasonable measures to ensure that your information is kept secure at all times;
• to trusted third parties businesses, or persons who perform services and process your personal information for us for the purposes listed above, based on our instructions, subject to us taking reasonable measures to ensure that your information is kept secure at all times; and
• to companies, organisations or individuals, who re not our affiliates, if we have a belief in good faith that access, use, preservation or disclosure of the information is reasonably necessary to:
- meet any applicable law, regulation, legal process or enforceable governmental request;
- detect, prevent or otherwise address fraud, security or technical issues; or
- protect against harm to the rights, property or safety of MY.GAMES and our affiliates, our customers or the public, as required or permitted by law.
We do not sell your personal information to third parties.
Retention of your information
We keep your personal information for as long as is necessary in connection with the purposes identified above, to be precise sixty (60) calendar days during the Research duration.
You have the following rights, in certain circumstances, in relation to your personal information:
(a) Right to access your personal information.
(b) Right to rectify your personal information: you can request that we update, block, or delete your personal data, if the data is incomplete, outdated, incorrect, unlawfully received, or no longer relevant for the purpose of processing.
(c) Right to restrict the use of your personal information.
(d) Right to request that your personal information is erased if:
• it is no longer required in relation to the purposes for which it was gathered or processed in another way;
• you withdraw your consent concerning processing subject to consent;
• you are justifiably opposed to the processing;
• it has been subject to illicit processing; or
• it is imposed by law.
(e) Right to object to processing of your personal information.
(f) Right to data portability (in certain specific circumstances).
(g) Right not to be subject to an automated decision.
(h) Right to lodge a complaint with a supervisory authority.
(i) For processing based upon your consent, the right withdraw that consent at any time.
(j) You may have other rights under your legislation of your country of residence, including right to define the instructions relative to the outcome of your personal data after your death.
You also have the right to independently remove personal information and make changes and corrections to your information, provided that such changes and corrections contain up-to-date and true information. You can also view an overview of the information we hold about you.
If you would like to exercise these rights, please send your request to us in writing to 28 Oktovriou, 243, CHRISTIANA SEA VIEW COURT, 7th floor, flat/office 702/802, 3035, Limassol, Cyprus. We will aim to respond to you within thirty (30) days from the date of receipt of your request. We will need to verify your identity before we are able to disclose any personal data to you.
Please get in touch with our DPO at the following email address if you would like to exercise any of these rights: email@example.com.