Conditions of Participation of tonies US INC

Thank you for visiting the registration platform for the private pool of our processor, tonies GmbH, Oststraße 119, 40210 Düsseldorf and for your interest in participating in tests on the uses of our products (“Studies”).

Please read these Conditions of Participation as well as the Privacy Policy carefully before registering. By registering, you agree to these Conditions of Participation.

Note: some of our services under these Conditions of Participation are provided by TestingTime AG, Rieterstrasse 6, 8002 Zurich, Switzerland – a sub-processor of tonies GmbH. Uses of the registration platform is subject to TestingTime’s Terms of Use.

Registration as a test subject

Participation is open to private individuals only. If you have agreed with Tonies US, Inc. that you will participate in Studies regarding the use of our products, you will receive an email invitation from Tonies US, Inc. to register with TestingTime. As a sub-processor on behalf of tonies GmbH, TestingTime coordinates the registration of test subjects and the sending of invitations to participate in our Studies.

TestingTime will invite you by email to register in the tonies GmbH private pool on the TestingTime platform.

After registration, you will receive an email to verify your email address and will then be included in the private pool of tonies GmbH (“Database”).

Registration as a test subject is free of charge and voluntary. You can request to have your data deleted from the database at any time.

For more information on how we handle your personal data and how we ensure that it is protected, please see our Privacy Policy.

Participation in Studies

Natural persons who are at least 18 years old and have registered to participate are eligible to take part.
The Studies are carried out by tonies GmbH on our behalf (pursuant to Art. 28 GDPR). There are three types of studies:

  • In-house study: The test subject will be invited to a location selected by Us or to rented premises for the purpose of the Study.
  • Online questionnaires: the test subject fills out a questionnaire online.
  • Remote testing: the test is carried out via a video conferencing tool.

The aim of a study is to establish which presentation methods, product changes or services are preferred by users and customers in order to further develop and/or optimise our services and products. Example questions could be:

  • What kind of stories do you want to hear on Tonies?
  • What new features would you like to see in the mytonies App?

The information requested during your registration is used to assess your eligibility for participation in certain studies, tests and/or surveys.

From time to time, We will invite you to participate in studies, tests and/or surveys via (video) interviews (e.g. Google Meet) to better understand user experiences and thoughts, emotions and wishes. These invitations are always on a voluntary basis and you can decide for yourself whether you would like to take part.

With in-house studies and remote testing, test subjects can be recorded in a video file while testing and evaluating the products and packaging materials. These recordings are used exclusively to document and evaluate the tests for the purpose of developing tonies GmbH products. tonies GmbH shall ensure that the recordings are deleted after the evaluations have been completed. Any further use of the test data will only take place in anonymised form.

tonies GmbH uses solutions for online surveys provided by subcontractors (e.g. Survey Monkey) for responses to the online questionnaires.

If Tonies US Inc. engages processors to conduct and evaluate the study, Tonies US, Inc. shall oblige them to process the data exclusively for the stated purpose and to comply with the requirements of the applicable data protection laws.

Remuneration

You will receive a fixed fee for participating in a study, if applicable. If compensation is provided, we will inform you of the amount when you agree to participate in the respective study. Issuing and processing is carried out directly by TestingTime. You will receive the compensation within 5 to 10 working days after participating in the study. We would like to point out at this point that the amounts are always low values. In particular, we would like to point out that your participation does not create an employment relationship between you and Tonies US, Inc, tonies GmbH or between you and TestingTime.

Responsibility and liability

Neither Tonies US, Inc. nor its employees, agents, processors or subcontractors shall be liable to test subjects in any way, in particular for any damage or loss in connection with your participation or non-participation in a Study, the content or linked information relating to the Studies or third-party websites.

Termination and exclusion

Tonies US, Inc. reserves the right to exclude test subjects from participating in further Studies if they violate these Conditions of Participation or obstruct Studies.

Both you and Tonies US, Inc. can terminate the agreement at any time. Claims for damages due to the termination of the contractual relationship cannot be asserted.

Closing provisions

If any provision of these Conditions of Participation is held to be unlawful, invalid or otherwise unenforceable in whole or in part it will be superseded by a valid provision of similar economic significance. The remaining provisions remain unaffected and effective.

These Terms and any action related thereto will be governed by the laws of the State of California, without regard to its conflict of laws provisions. The parties expressly consent to personal and exclusive jurisdiction in the federal and state courts in the Northern district of California.

We reserve the right to amend these Conditions of Participation from time to time. We will notify you of any such changes in writing to the email address you have provided. If you do not cancel your account within one month of the notification being sent, or if you agree to participate in a Study in the meantime, the change will be deemed approved.