Terms and Conditions to access data from: Argentina, Chile, Colombia, Costa Rica, Ecuador, Mexico, Panamá and Perú.
This contract describes the terms and conditions and the Privacy Policy (together the 'Terms and Conditions') applicable to the use of the services offered within the site www.forchecking.com (the 'Site'). Any entity, natural or legal, linked to the market research industry, including but not limited to, end clients, full service market research agencies, consultants, fieldwork agencies, freelance recruiters and panel providers (the 'User' or in plural 'Users') who want to access and / or use the Site or services may do so subject to these Terms and Conditions and the provisions of the Site.
ANYONE WHO DOES NOT ACCEPT THESE TERMS AND CONDITIONS, WHICH HAVE A BINDING FORCE, SHALL RESTRAIN FROM USING THE SITE AND/OR THE SERVICES.
The user must read, understand and accept all the conditions set out in these Terms and Conditions and other rules governing the use of the site, while signing up as a User of the Site, which constitute the entire agreement between the User and the Owner (as defined below) regarding the use of the Site.
1. Information about the Site
The Site is property and is managed by Yuri Joaquín García Ortiz (DNI 92.027.881), with registered address at Padilla 876, 2nd floor, apt. 6, Ciudad Autónoma de Buenos Aires, República Argentina (the “Owner”).
The Site has been created with the aim of providing a tool for the different actors of the market research industry to control the quality of the recruitment process of those people who are invited to participate in market research, in any of its modalities, and have accepted that invitation (the 'Participants'). Likewise, could be of benefit to the Participants included in the Site’s database by the increasing their likelihood to be invited to participate in market research projects as frequencies and consistency in reported data from past participations is proved.
This tool allows Users to know information about Participants that has been provided by them to the Users at the moment of accepting the invitation for participating in a market research project. The information will consist in the following data from Participants’: name, legal ID number, gender, SES, date of participation, methodology (online survey, focus group, etc.) and the category under analysis (food & beverage, automotive, pharmaceutical, etc.) (the “Collected Data”). Under no cases, the data will include responses given by Participants in the market research project, neither contact details from Participants, nor data from under-age people.
All the information included in the Site about Participants is provided exclusively by the Users of the Site, who by accepting these Terms and Conditions agree to upload the data about Participants in the way set out by the Site and acknowledge that this will result in a benefit for the market research industry.
The Collected Data about Participants will be used in the context of the Site’s or the Users’ provision of services.
The Collected Data will be stored for a maximum period of 3 years and may be edited or deleted by the Users or by the Owner of the Site, by request of the Participants or by unilateral decision of the Owner of the Site.
The Agency for Access to Public Information, in its capacity as the Law Control Body for Law 25.326, has the authority to attend to complaints and claims filed by those who were affected in their rights due to non-compliance with current regulations on the protection of personal data.
2. The Users
The Users will be enabled to access the services of the Site by the Owner and it is a condition for said authorization to be a person, human or legal, linked to the market research industry, as indicated above. When requesting authorization, the User must inform, as an affidavit, their personal information, including country of residence, their role in the industry and their contact information.
Once the account is enabled by the Site Owner, the User will receive an email in the declared box informing such situation.
As of that moment and through the procedure that is reported, the User will be able to start using the services of the Site.
The User will be responsible for all uses of their account, whether or not they are authorized by him. To maintain control over the account and prevent someone else from accessing it, the User must maintain control over the various devices used to access the service and must immediately notify the Site Owner of any unauthorized use of their account or password.
The registered Users and / or anyone using the services of the Site guarantee the veracity, accuracy, validity and authenticity of the information provided, and undertake to keep it duly updated using the data editing tools available on the Site.
The Owner may reject any registration request or prevent, at any time, a User from entering the Site as long as such entry may endanger the security of the Site and / or that the User has violated these Terms and Conditions.
3. Information provided by the Users
According to the services provided by the Site, the Users may (i) upload the required information about the Participants to the site database; (ii) query information about the Participants uploaded to the database by any of the Users; and (iii) edit or delete the information uploaded by the User himself.
Each User declares and guarantees that, at the time of uploading the information defined as Collected Data, he has the express consent of each Participant, under the terms of Law 25,326, to carry out said action on the Site and will keep a copy of said consent, in the format granted, as long as the information about the Participant is kept on the Site, or for a maximum period of 3 years from when the information was uploaded on the Site. In case the Participant does not give his express consent, the User will not be able to upload the information on the Site.
The User must upload as part of the Participant's information the format in which they store the Participant's consent for their Collected Data to be uploaded to the Site.
By providing their own information and information about the Participants, the User expressly accepts all the conditions contained herein and gives his consent so that the Site or its Owner can store, use and process the information provided for the purposes established herein, including for commercial purposes. The user also grants permission to the Site or its Owner to store the information about the User himself and carry out treatments for his own use and for the services he provides to all the Users of the Site. As a consequence of the foregoing, with this consent the User also authorizes the Site or its Owner so that it can transfer the information provided to other companies within or outside the national territory and to any of the other Users of the Site for the aforementioned purposes. This consent is granted freely, previously, expressly, unequivocally and informed.
Taking into account that the Participants may have participated in different market studies, the information about them may be uploaded by different Users.
4. Terms of Use
The Site will enable two kinds of services, one free and the other paid. The Users that require the paid service are obliged to pay the Owner the corresponding amount depending on the contracted service and for the term agreed therein. The Users will be enabled to paid services once the Site receives the payment confirmation. The service does not include Internet connection service costs or any other provision and / or service that is not expressly detailed in the particular order, which are at the expense and total and exclusive cost of the User.
5. Responsibility of the User
The User declares and accepts that the use of the Site, its services and the contents are carried out under his sole and exclusive responsibility.
In the event that the User does not correctly use the services of the Site or upload information about the Participants that is not true or that the Owner receives claims from third parties or other Users about said User, the Owner may suspend or delete the registration of said User, without this generating the right to any claim.
6. Privacy Policy
a) How Site data is collected
The activity of the Site is carried out within the legal framework respecting the privacy of people.
The Site collects two kinds of data: (i) The Users’ personal information; and (ii) Participants’ information, which is loaded into the database exclusively by the Users. In the latter case, the Users guarantee that they have obtained the consent of the Participants for the inclusion of the information on the Site.
b) What personal data is collected
The Site only gathers information provided by the Users themselves and that is useful or necessary to control the quality of the recruitment of Participants in market research projects.
The information the Site collects about Participants only includes the Collected Data.
Additionally, the Site automatically collects information from the IP addresses of the User's computers or any other device that could be used to access the Site service, as well as the activation information of your account to access the service, your email address or other contact information used in the authentication of the User, the registration of the service on the Site, and the processing of the payment of the User, when applicable. This information includes interactions with the Site, but excludes the content of your queries or the result of them.
External services are also used to help identify the country from which you access the Site in order to display the Site in your language.
c) Information provided by the Site
Under Law 25,236 the Site provides information to the Users for their direct and exclusive use, as long as it is exclusively intended for the selection and recruitment of Participants in market research projects. For this reason, users are contractually bound by this principle and are responsible for its misuse.
Users may not use the information received from the Site for any other purpose that is different or incompatible with the one that originated the consultation, except if it requires any Law, a court order or an order issued by a competent authority.
The information disclosed is confidential and reserved. The evaluation of the information provided by the Site is the sole responsibility of the User.
The Site only reproduces data supplied by the Users and does not guarantee the topicality, accuracy, veracity and integrity of the information.
d) Data security and confidentiality
The Site and its Owner keep strict confidentiality of the data against third parties. Only registered users can access to the data. The Site, in accordance with the provisions of articles 9 and 10 of Law 25,326, implements technical measures to protect the authenticity and confidentiality of the stored data, in order to avoid alteration and theft by third parties.
The Site is protected by Google reCAPTCHA to prevent automated access. The information collected by Google reCAPTCHA is subject to Google's privacy policy and terms of service, and is used to provide, maintain and improve the reCAPTCHA service, as well as for general security purposes. [policies.google.com]
e) Rights of the Users and Participants
At any time the Users or the Participants, whose personal information has been provided, through the mechanisms provided on the Site, may access it, review, edit, delete and update their personal information at any time they wish.
The Users or Participants who wish to access their personal information or if such personal information is incorrect, outdated and / or want it to be deleted, must send an email request through the contact form on the Site, using the option that corresponds to the object of their request. The request must contain at least the following information: (i) name; (ii) copy of the identity document in digital format; and (iii) clear and precise description of the personal data on which one seeks to exercise any of the aforementioned rights, as well as the clear and precise description of your request.
The Site may send the Users emails regarding the content of the Site, the services or about their account and in response to their questions, requests, queries or comments. The Participant may request at any time the removal or blocking of his name from the database following the procedure outlined in this Privacy Policy.
7. Limitation of liability
The Site or its Owner does not guarantee and will not be responsible for:
(i) the content of the information of the Users or their identity;
(ii) the content of the information about the Participants provided or uploaded by the Users;
(iii) the completeness, accuracy, veracity and integrity of said information, or the updating of the contents, taking into account that each User is responsible for the information they upload to the Site and the Site is only an instrument for its processing;
(iv) the incorrect, inappropriate or illicit use of the information included in the Site by the Users or third parties;
(v) the availability and continuity of the operation of the Site and the services offered, or that the Site works error-free or that its server is free from cyber-attacks or other harmful mechanisms;
(vi) any damage including, but not limited to, direct and / or indirect damage, loss of profit or loss of chance resulting from the use or the impossibility of using the Site, notwithstanding that the Owner has been warned about the possibility of such damage; and
(vii) for damages of any nature that may be due to the actions of unauthorized third parties regarding the personal data of the Users or the data of the Participants, as well as the services offered on the Site.
In all cases the Owner will allow and facilitate free of charge to exercise the right of the owner of the data, prior to proving his identity, to exercise his right of access, rectification and cancellation of information, as indicated in point 6.
8. Compensation
Each User agrees to hold harmless the Owner from and against any charge, action or demand, including, but not limited to, the reasonable legal expenses, resulting from the use that said User makes of the Site, the information of the Participants and the services and especially for any claim derived from the lack of authorization of the Participants to upload the information defined as Collected Data on the Site. Each User accepts and acknowledges that the Site and / or its Owner are mere intermediaries, oblivious to any use that the User makes of the Site or its content and agrees not to claim the Owner for any type of consequence derived from such relationships.
9. Modifications
The Owner reserves the right to modify the Terms and Conditions at any time. In case of carrying out any modification, the Owner will notify the User at the first opportunity that the User uses the services of the Site after said modification. In case the User does not accept the new Terms and Conditions, he will not be able to continue using the services of the Site, without generating the right to challenge such modification.
10. Duration and Termination
The provision of the Site service has an indefinite duration. Notwithstanding the foregoing, the Owner may terminate or suspend the provision of the Site service and / or any of the content at any time, without the Users being entitled to any claim.
11. Applicable Law
These Terms and Conditions are governed by the laws of the Argentine Republic and the User agrees to submit to the jurisdiction of the Ordinary Courts of the City of Buenos Aires, expressly waiving any other jurisdiction and / or jurisdiction.
12. Contact
If you have questions about any of these Terms and Conditions when using the Site, please contact us using our contact forms.
The translation into English of these Terms and Conditions is for your information and convenience only. The Spanish version constitutes the legally binding version and, in the event of any inconsistency with the translation, the Spanish version shall prevail.
