1. Registration as a test subject
Anyone who would like to be selected as a test subject by TestingTime AG (TestingTime) must first register on the TestingTime website. After registering, the test subject will be entered in the TestingTime database. TestingTime offers registered participants the opportunity to participate in user and market research studies conducted by customers of TestingTime. Registration as a test subject is free and voluntary. Registration in the database as a test subject can be terminated at any time at no charge.
Test subjects must be at least 18 years of age. After registering, test subjects will receive an email to verify their email address.
2. Provision of personal data after registration
After registration and declaration of consent related to data protection, the test subject is able to collect all personalized data in every email invitation to the participation in a TestingTime study.
3. Product study procedure, invitation to product studies
TestingTime can conduct studies for the customer at different locations and online. “In-house” studies take place at a particular time at a location determined by the customer. In contrast, “in-home” studies are, as agreed upon by the test subject, conducted at home. For moderated “online” studies, the study is conducted at a certain time. For unmoderated “online” studies, the test subject must participate in an online survey within a certain period of time.
Depending on the personal data that the test subject has provided about him/herself, he/she may be selected for a customer study by TestingTime. If the test subject is considered for a particular study, TestingTime will contact him/her directly and invite him/her to participate in the customer’s study. The test subject shall have no claim to be invited to participate in a particular test.
If a test subject agrees to participate in a product study but does not do so, TestingTime reserves the right to block the test subject.
4. Other personal data
If a customer asks for a specific product study on the basis of personal data that is not yet saved in the TestingTime database, TestingTime will ask for the missing information from the test subject via an email request. A response to the request by the test subject is optional.
If the missing personal data is sensitive personal data, pursuant to Sec. 3, para. 9 BDSG, TestingTime will obtain an additional declaration of consent from the test subject.
5. Fixed fee
The test subject shall receive a fixed fee for his/her participation in the studies, which shall be communicated by TestingTime upon agreement to participate in the relevant study. The test subject shall receive the fixed fee within 5 to 10 working days after participation in the study. Test subjects must determine whether the fixed fee needs to be declared on their private income tax return.
6. Passing on user data to customers of TestingTime
If a test subject is selected for a study and confirms his/her registration for the study, TestingTime will forward the profile information he/she saved during registration as well as some personal information (“screening”) related to the study. Never will personal information be passed on to third parties, which are not required for the study.
6. Responsibility and liability for product studies
TestingTime shall be liable to the test subject in the event of
- intent or gross negligence
- in the event of the injury to life, bodily injury or to a person’s health as a result of intent or gross negligence
- as a result of the assumption of a guarantee or a procurement risk or on the basis of mandatory liability under the Product Liability Act.
Liability exists only in the event of violation of essential contractual obligations and shall be limited to the foreseeable and standard contractual damages at the time the agreement was concluded.
Essential contractual obligations are those obligations that protect the contractual partner’s essential legal positions granted to it in accordance with the content and purpose of the agreement. Essential contractual obligations are also obligations whose fulfillment make the proper implementation of the agreement possible and whose fulfillment the customer can reasonably rely on and can be expected to rely on.
In all other respects, the seller’s liability is excluded.
The preceding liability provisions also apply with respect to the liability of TestingTime, as well as for its agents and legal representatives.
Both the test subject and TestingTime may terminate the agreement at any time. No claims for damages may be asserted on the basis of the termination of the contractual relationship.
If some or all of the preceding provisions do not, no longer comply or no longer fully comply with the prevailing legal norms, or if this should be the case in the future, the validity of the other provisions shall not be affected. The parties shall replace the invalid or unenforceable provision with a valid provision that is similar to the economic purpose of the invalid or unenforceable provision. The same shall apply in the event of a loophole.
The place of jurisdiction will be in Zurich if a test subject (a) does not have general jurisdiction in Germany, or (b) changes his/her usual place of residence to a place not subject to the German Code of Civil Procedure after registering with TestingTime, or (c) has an unknown domicile or usual place of residence when a complaint is filed.
State: February 2018