Privacy Policy & Terms and Conditions of use of “Eolas Flexcollect”

 

 

Terms and Conditions

Effective date: May 31, 2019

 

1.      Definitions

“Application”: means the mobile device software named “Eolas Flexcollect”, owned by Comhlacht Eolas International Ltd. and available available on Apple Inc.’s App Store platform, as well as on Google’s Google Play Store.

“Eolas” or “Company”: means Comhlacht Eolas International Ltd. A private Market and Consumer research company with registered office located at Eolas House, 1101 Euro Business Park, Little Island, Co. Cork, T45 YK25.

“Contract”: means the agreement entered into between Eolas and User and governed by these general terms and conditions.

“User”: means the person who, following the procedure of registration made available inside the Application and the acceptance of these Terms and Conditions is enabled to use the Application in compliance with these Terms and Conditions.

 “Services”:  means all and any services or provision of labour carried out individually in favour of any business,  employer, principal or user, on a non occasional basis, including but not limited to services offered within employment relationships of any kind (including without limitation fixed term, part time, intermittent, apprenticeship), including project-based contracts - and staff leasing .

“Task”: means the duty voluntarily assumed by the user following the receipt of a “task invitation” outlined below consisting of the activities described in the “task description”.

“Task invitation”: means the request of Eolas by means of a “notification” through Eolas Flexcollect for the user to voluntarily carry out the task in return for the specified incentive (as defined below) described in the task description (as defined below).

“Task description”: means the information provided which briefly describes the task and incentive rewarded received subject to Eolas accepting the submission as not invalid.

“Notification”: means the notification the user will receive through the application or to their email informing them of the availability of a task on their application.

“Incentive”: means the sum of money, discount code and or experience points (XP) the user may receive upon completion of the mission. The issuing of any incentive is subject to Eolas accepting the submission as not invalid.

“Task content”: means the data collected by the User while carrying out a said Task and may also include images and videos.

“Profile”:  means the section of the Application where the User, on a voluntary basis, can enter his/her personal data needed for performing a Task and for collecting incentives. The data provided by the User will be collected and processed for the fulfillment of the obligations deriving from this Contract and the applicable provisions of law as well as for the further purposes detailed in the privacy notice attached to this Contract pursuant to art. 13 of EU Regulation 679/2016.

“History”: means the section of the Application where the user can see a list view of Tasks completed and the incentives received for those Tasks.

“Knowledge hub”: means the website managed by Eolas international for the creation and management of Tasks and the data received from said Tasks.

“Client”: means the client who has employed Eolas to carry out Market or Consumer research through the publication of tasks. The client receives the task content and non identifying demographic information related to the user group.

“Fraudulent”: means the User has been deliberately deceitful in completion of a Task or populating of their Profile.

“Invalid”: means the data captured by the User while completing the Task is not of relevance to Eolas or the Client and not relevant to the instructions within the Task.

“Performance”: means the standard to which the User has completed the Task derived from key performance indicators and the comprehension of the task and the quality of input from the User determined by Eolas.

 

2.       Scope

2.1 This contract governs the contractual relationship between Eolas and the Use carried out with use of the application.

 

3.       Use of Application to access Tasks and Task Content

3.1 The Application enables the user to access Tasks, for the purpose of allowing the User to earn Incentives by carrying out micro-jobs on a voluntary basis. Tasks are generally carried out in the area of Market and Consumer research however not exclusively so. These are some examples of Tasks: The user filling out questionnaires on their usage habits of products and services, the user capturing and uploading video of their product use experiences or the user visiting a store to capture images of individual products and shelves. The Tasks will be made available for as long as the quota of submissions determined by Eolas is left unfilled. Eolas can withdraw a Task at any point.

3.2.1 The User acknowledges that the Task is seen as an Occasional Service carried out on a voluntary basis. The completion of Tasks does not constitute any form of employment, self-employment any other form of contractual relationship between the User and Eolas or the User and the Client. For the avoidance of doubt the User does not gain any employment rights pursuant to this agreement except for those expressly set out in this agreement. The User does not have any further right to receive the Incentive expressed in the Task Description.

3.2.2 The User will receive through the Application notifications relating to the availability of Tasks offered to them and on a voluntary basis they may accept to carry out the Task. Notifications are not exclusively related to the availability of Tasks. Notifications relating to Tasks will expressly state the incentive which can be earned upon successful completion of the Task and acceptance of the Task Content by Eolas. The User may on occasion receive an increased incentive.

3.2.3 The User accepts and acknowledges that they will not receive any incentive if the data submitted is determined by Eolas to be Fraudulent or Invalid. Partial completion of the task does not entitle the User to receive any incentive. No compensation will be given to the User for time spent on Tasks which have not been accepted.

3.3 Users are assigned to Tasks by Eolas through the Knowledge Hub. Users are assigned based on information voluntarily provided in the Profile and or their suitability to the Task determined by the performances exhibited in the completion of previous Tasks. Performance is determined Eolas. If Eolas have justified reason to believe that the User is providing false or inaccurate data Eolas are entitled to prevent the User from using the Application.

 

4.       Registration

4.1 The User who wishes to use the application must complete registration through the application providing the details required of the User in the Profile.

4.2 The User is responsible for the accuracy of the information and personal information they provide in the Profile. The User should amend or update their information and personal information so that such information is always actual, accurate and true. If Eolas have justified reason to believe that the information is false or inaccurate Eolas are entitled to prevent the User from using the Application.

4.3 The use of the application is restricted to users 18 years of age and above.

4.4 The application will show a list of Incentives received in exchange for the completion of Tasks and total Incentive awarded across all Tasks. This can be seen in the History of the app.

 

5.       Acceptance of Terms and Amendments

5.1 The User must carefully read the terms and conditions which may be updated from time to time by Eolas. The User voluntarily accepts such terms and conditions by clicking the box marked with the words “I agree”.

5.2 This contract takes effect from the moment the User completes the registration process and it will remain in effect for an indefinite term unless it is terminated by either Eolas or the User.

5.3 Eolas reserves the right to make amendments to any term or condition of this contract.

5.4 Amendments take effect immediately for the User following their publication.

5.5 At any time the User is entitled to withdraw from this contract. This is done by deletion of the profile from within the profile section of the application.

 

6.       Delivery of Application functions

6.1 The Application and all of its functions are made available to the User on the terms detailed in this contract.

6.2 The User agrees that without undertaking any liability Eolas reserves the right to suspend, amend or terminate any function(s) within the application including the entire application at any time.

6.3 The User must have access to a Smartphone with mobile data connection. Eolas do not reimburse the User the cost of data used while using the application.

 

7.       Security of the User and their property

7.1 The User is responsible for the creation and use of their own password and username. The User should not disclose either to any unauthorized person.

7.2 The User must contact Eolas immediately if they suspect their password has become known to an unauthorized person.

7.3 The User is responsible for all actions they carry out while completing the task. Eolas are in no way liable for any loss or injury experienced by the User at any time.

7.4 Eolas are in no way liable for any for any damage or loss to the Users property before, during or after completing a task. This includes travelling to and from the location of the task. This also includes occasions where the User may need to visit third party websites through the Application while completing the task.

 

8.       Use of Application

8.1 The Application is only to be used by the User who has through the creation of their profile accepted these terms and conditions of use. The User cannot subcontract any aspect of the task to a third party.

8.2 Eolas do not guarantee that the Application will be available to the User without errors or inaccuracies.

8.3 The User is solely responsible for the accuracy of the task content submitted.

8.4 The User agrees that Eolas is entitled to store the task content submitted indefinitely and disclose this same data to its Clients. Eolas is also entitled to disclose task content and personal data to fulfill obligations of law.

8.5 The User accepts that the Application must not be used in such a way as to breach any laws, legislation, and directive of law or regulations issued by any competent authority applicable to the User.

8.6 The User must not breach any laws, legislation, and directive of law or regulations issued by any competent authority while completing the task.

8.7 The User must not cause any inconvenience or trouble in the place they are completing the task.

8.8 The User must not access, acquire, copy or monitor any part of the Application through techniques such as data scraping unless authorized by Eolas.

 

9.       Intellectual property rights

 

9.1 The User has no rights to the Task Content they create or capture through Eolas Flexcollect. All task content is the property of Eolas.

 

 

Privacy Policy

Effective date: May 31, 2019

Comhlacht Eolas International ("us", "we", or "our") operates the Eolas Flexcollect mobile application (hereinafter referred to as the "Service").

This page informs you of our policies regarding the collection, use and disclosure of personal data when you use our Service and the choices you have associated with that data.

We use your data to provide and improve the Service. By using the Service, you agree to the collection and use of information in accordance with this policy. Unless otherwise defined in this Privacy Policy, the terms used in this Privacy Policy have the same meanings as in our Terms and Conditions.

Definitions

Service is the Eolas Flexcollect mobile application operated by Comhlacht Eolas International

Personal Data means data about a living individual who can be identified from those data (or from those and other information either in our possession or likely to come into our possession).

Usage Data is data collected automatically either generated by the use of the Service or from the Service infrastructure itself (for example, the duration of a page visit).

Cookies are small files stored on your device (computer or mobile device).

Data Controller means the natural or legal person who (either alone or jointly or in common with other persons) determines the purposes for which and the manner in which any personal information are, or are to be, processed.

For the purpose of this Privacy Policy, we are a Data Controller of your Personal Data.

Data Processor (or Service Provider) means any natural or legal person who processes the data on behalf of the Data Controller.

We may use the services of various Service Providers in order to process your data more effectively.

Data Subject is any living individual who is using our Service and is the subject of Personal Data.

Information Collection and Use

We collect several different types of information for various purposes to provide and improve our Service to you.

Types of Data Collected

Personal Data

While using our Service, we may ask you to provide us with certain personally identifiable information that can be used to contact or identify you ("Personal Data"). Personally identifiable information may include, but is not limited to:

We may use your Personal Data to contact you with newsletters, marketing or promotional materials and other information that may be of interest to you. You may opt out of receiving any, or all, of these communications from us by contacting us.

Usage Data

When you access the Service with a mobile device, we may collect certain information automatically, including, but not limited to, the type of mobile device you use, your mobile device unique ID, the IP address of your mobile device, your mobile operating system, the type of mobile Internet browser you use, unique device identifiers and other diagnostic data ("Usage Data").

Location Data

We may use and store information about your location if you give us permission to do so ("Location Data"). We use this data to provide features of our Service, to improve and customise our Service.

You can enable or disable location services when you use our Service at any time by way of your device settings.

Tracking & Cookies Data

We use cookies and similar tracking technologies to track the activity on our Service and we hold certain information.

Cookies are files with a small amount of data which may include an anonymous unique identifier. Cookies are sent to your browser from a website and stored on your device. Other tracking technologies are also used such as beacons, tags and scripts to collect and track information and to improve and analyse our Service.

You can instruct your browser to refuse all cookies or to indicate when a cookie is being sent. However, if you do not accept cookies, you may not be able to use some portions of our Service.

Examples of Cookies we use:

Use of Data

Comhlacht Eolas International uses the collected data for various purposes:

Legal Basis for Processing Personal Data under the General Data Protection Regulation (GDPR)

If you are from the European Economic Area (EEA), Comhlacht Eolas International legal basis for collecting and using the personal information described in this Privacy Policy depends on the Personal Data we collect and the specific context in which we collect it.

Comhlacht Eolas International may process your Personal Data because:

Retention of Data

Comhlacht Eolas International will retain your Personal Data only for as long as is necessary for the purposes set out in this Privacy Policy. We will retain and use your Personal Data to the extent necessary to comply with our legal obligations (for example, if we are required to retain your data to comply with applicable laws), resolve disputes and enforce our legal agreements and policies.

Comhlacht Eolas International will also retain Usage Data for internal analysis purposes. Usage Data is generally retained for a shorter period of time, except when this data is used to strengthen the security or to improve the functionality of our Service, or we are legally obligated to retain this data for longer periods.

Transfer of Data

Your information, including Personal Data, may be transferred to — and maintained on — computers located outside of your state, province, country or other governmental jurisdiction where the data protection laws may differ from those of your jurisdiction.

If you are located outside Ireland and choose to provide information to us, please note that we transfer the data, including Personal Data, to Ireland and process it there.

Your consent to this Privacy Policy followed by your submission of such information represents your agreement to that transfer.

Comhlacht Eolas International will take all the steps reasonably necessary to ensure that your data is treated securely and in accordance with this Privacy Policy and no transfer of your Personal Data will take place to an organisation or a country unless there are adequate controls in place including the security of your data and other personal information.

Disclosure of Data

Business Transaction

If Comhlacht Eolas International is involved in a merger, acquisition or asset sale, your Personal Data may be transferred. We will provide notice before your Personal Data is transferred and becomes subject to a different Privacy Policy.

Disclosure for Law Enforcement

Under certain circumstances, Comhlacht Eolas International may be required to disclose your Personal Data if required to do so by law or in response to valid requests by public authorities (e.g. a court or a government agency).

Legal Requirements

Comhlacht Eolas International may disclose your Personal Data in the good faith belief that such action is necessary to:

Security of Data

The security of your data is important to us but remember that no method of transmission over the Internet or method of electronic storage is 100% secure. While we strive to use commercially acceptable means to protect your Personal Data, we cannot guarantee its absolute security.

Our Policy on "Do Not Track" Signals under the California Online Protection Act (CalOPPA)

We do not support Do Not Track ("DNT"). Do Not Track is a preference you can set in your web browser to inform websites that you do not want to be tracked.

You can enable or disable Do Not Track by visiting the Preferences or Settings page of your web browser.

Your Data Protection Rights under the General Data Protection Regulation (GDPR)

If you are a resident of the European Economic Area (EEA), you have certain data protection rights. Comhlacht Eolas International aims to take reasonable steps to allow you to correct, amend, delete or limit the use of your Personal Data.

If you wish to be informed about what Personal Data we hold about you and if you want it to be removed from our systems, please contact us.

In certain circumstances, you have the following data protection rights:

Please note that we may ask you to verify your identity before responding to such requests.

You have the right to complain to a Data Protection Authority about our collection and use of your Personal Data. For more information, please contact your local data protection authority in the European Economic Area (EEA).

Service Providers

We may employ third party companies and individuals to facilitate our Service ("Service Providers"), provide the Service on our behalf, perform Service-related services or assist us in analysing how our Service is used.

These third parties have access to your Personal Data only to perform these tasks on our behalf and are obligated not to disclose or use it for any other purpose.

Analytics

We may use third-party Service Providers to monitor and analyse the use of our Service.

Google Analytics is a web analytics service offered by Google that tracks and reports website traffic. Google uses the data collected to track and monitor the use of our Service. This data is shared with other Google services. Google may use the collected data to contextualise and personalise the ads of its own advertising network.

You may opt-out of certain Google Analytics features through your mobile device settings, such as your device advertising settings or by following the instructions provided by Google in their Privacy Policy: https://policies.google.com/privacy?hl=en

For more information on the privacy practices of Google, please visit the Google Privacy & Terms web page: https://policies.google.com/privacy?hl=en

Links to Other Sites

Our Service may contain links to other sites that are not operated by us. If you click a third party link, you will be directed to that third party's site. We strongly advise you to review the Privacy Policy of every site you visit.

We have no control over and assume no responsibility for the content, privacy policies or practices of any third party sites or services.

Children's Privacy

Our Service does not address anyone under the age of 18 ("Children").

We do not knowingly collect personally identifiable information from anyone under the age of 18. If you are a parent or guardian and you are aware that your Child has provided us with Personal Data, please contact us. If we become aware that we have collected Personal Data from children without verification of parental consent, we take steps to remove that information from our servers.

Changes to This Privacy Policy

We may update our Privacy Policy from time to time. We will notify you of any changes by posting the new Privacy Policy on this page.

We will let you know via email and/or a prominent notice on our Service, prior to the change becoming effective and update the "effective date" at the top of this Privacy Policy.

You are advised to review this Privacy Policy periodically for any changes. Changes to this Privacy Policy are effective when they are posted on this page.

Contact Us

If you have any questions about this Privacy Policy, please contact us: