Zap Surveys the “ Panel”) is a market research access panel owned and operated by Dynata, LLC and its
parent, subsidiary and affiliated companies, including Dynata Global UK Limited (f/k/a Research Now Limited), Research Now Group,
LLC (collectively " Dynata").
As a member of the Panel, you will have the opportunity to participate in market research activities including online and
mobile surveys, product tests, focus groups, and more.
These terms are subject to change. For more information on how we use the data you provide, please see our
Privacy Policy .
These General Terms & Conditions/Terms of Use include a class action waiver and a waiver of jury trials and require binding
arbitration on an individual basis to resolve disputes.
1. Applicability; Agreement
These General Terms and Conditions/Terms of Use (these “ Terms”) govern and apply to all of
Dynata’s applications and services, including, but not limited to, (1) any Dynata panel or subpanel (individually a “
Panel” and collectively the “ Panels”), (2) any Panel website (individually a
“ Website” and collectively the “ Websites”), (3) any Dynata mobile
application(s), (4) participation in any survey or study offered, provided, hosted or administered by or through Dynata and (5)
your eligibility for, and/or redemption of, rewards, incentives and prizes offered for certain actions and activities, including,
but not limited to, successfully completing surveys (collectively, the “ Applications/Services”).
All references in these terms to “ Dynata” include Dynata, LLC f/k/a Survey Sampling
International, LLC and its parents, subsidiaries and affiliates, including Research Now Group, LLC and Dynata Global UK Ltd. All
references in these Terms to “us” or “we” refer to Dynata.
By registering for, accessing, using, and/or participating in, the Applications/Services, you hereby expressly agree to comply
with and be bound by these Terms.
Dynata reserves the right to refuse, restrict, prohibit or reject your access to, use of, and/or participation in the
Applications/Services, at any time and for any reason.
2. Membership Eligibility and Participation
The Applications/Services are strictly for your personal, non-commercial use. You may use the Applications/Services only
when and as available. The Applications/Services are only available to individuals who are eighteen (18) years of age or older
residing in Australia. Participation on the Panel is limited to only one (1) account per person. From time to time our clients may
want to survey the opinion of minors, they may only participate with parental consent, via their parent’s account.
Dynata employees are not permitted to participate in the Panel for personal use (see Section 19).
Your participation in survey, focus group, telephone or other research (“ Research”) through
the Applications/Services is based on your desire to share opinions and provide feedback. Such participation in the Research is
voluntary for you, without control or direction of Dynata, and you shall exercise independent judgment and discretion while doing
so.
3. Use of the Applications/Services
The Applications/Services are for personal, non-commercial use. You may use the Applications/Services only when and as
available. Dynata reserves the right to change, modify or eliminate, and/or restrict or block access to, all or any part of the
Applications/Services, without notice, at any time, for any reason or for no reason.
Dynata provides Panel members and non-Panel members with the opportunity to participate in surveys. Participation in surveys
is voluntary. By agreeing to become a Panel member, you agree to receive invitations to participate in surveys. Additionally,
Dynata may provide Panel members with the opportunity to communicate with other Panel members and/or Dynata. You may unsubscribe
from Panel membership at any time; see Section 10 " Opt-Out Policy" below.
If you are registering for the Applications/Services, you will be required to provide or disclose certain personally
identifiable information (“ PII”) to Dynata. Please review
Dynata’s Privacy Policy for information on Dynata’s privacy practices.
4. Panel Registration; Passwords
You may access any Website(s) as a visitor without registering for membership with the Panel associated with the Website(s)
and without providing or disclosing personal information.
In order to register as a Panel member, you must register with or for the Panel and provide certain personal information.
Panel members and non-Panel members are required to truthfully provide all information. Dynata reserves the right to restrict or
prohibit your use of, access to and/or participation in the Applications/Services if you provide, or Dynata reasonably suspects
that you have provided, information that is untrue, inaccurate, not current, or incomplete.
Each Panel member will create his/her own username and password. Panel members are solely responsible for the security of
their usernames and passwords and will be solely liable and responsible for any use, whether authorized or unauthorized, of their
membership accounts. Dynata strongly recommends against the use of a social security number, financial account number or any other
identification or account number, as a username or password. Please do not disclose your password to anyone else, you are
responsible for keeping it safe. We will not be liable for any unauthorized use of your account, which includes unauthorized use
of your email address, password and reward redemption.
Panel membership is specific to the individual who registers for membership with the Panel; panel membership is not
transferrable.
You acknowledge that you are accessing, using and/or participating in the Applications/Services in the capacity of an
independent contractor and that no agency, partnership, join venture, employee–employer or franchisor–franchisee
relationship is intended or created by this agreement.
5. Unauthorized Uses
You agree not to: (i) use spiders, robots or other automated data mining techniques to catalogue, download, store or
otherwise reproduce or distribute data or content available in connection with the Applications/Services, or to manipulate the
results of any survey, prize draw or contest; (ii) take any action to interfere with any Website(s) or an individual’s use
of any Website, including, but not limited to, by overloading, “flooding”, “mail bombing” or
“crashing” any Website; (iii) send or transmit any viruses, corrupted data or any other harmful, disruptive or
destructive code, file or information, including, but not limited to, spyware; (iv) collect any personally identifiable
information of or about any other user of the Applications/Services; (v) send unsolicited emails, including, but not limited to,
promotions and/or advertising of products or services; (vi) open, use, or maintain more than one (1) membership account with a
Panel; (vii) forge or mask your true identity; (viii) frame a portion(s) of any Website within another website or alter the
appearance of any Website; (ix) establish links from any other website to any page of, on or located within any Website or to the
Applications/Services, without the prior express written permission of Dynata; (x) post or transmit any threatening, libellous,
defamatory, obscene, pornographic, lewd, scandalous or inflammatory material or content or any material or content that could
otherwise violate Applicable Laws (as defined herein); (xi) engage in any fraudulent activity, including, but not limited to,
speeding through surveys, taking the same survey more than once, masking or forging your identity, submitting false information
during the registration process, submitting false or untrue survey data, redeeming or attempting to redeem rewards, prizes and/or
incentives through false or fraudulent means, and tampering with surveys; (xii) reverse engineer any aspect of the
Applications/Services or do any act or take any action that might reveal or disclose the source code, or bypass or circumvent
measures or controls utilized to prohibit, restrict or limit access to any webpage, content or code, except as expressly permitted
by Applicable Laws; (xiii) engage in any criminal or illegal act(s); (xiv) use Restricted Content (as defined herein) in violation
or breach of these Terms; or (xv) encourage and/or advise any individual, including, but not limited to, any Dynata employee, to
commit any act(s) prohibited hereunder.
You acknowledge and agree that Dynata will fully cooperate with all legal disclosure request(s) (e.g., court order or
subpoena).
6. Restricted Content
In connection with your use of, access to and/or participation in the Applications/Services, you may have the opportunity to
review or access confidential and proprietary information, materials, products and content (“Restricted Content”)
belonging to Dynata and/or Dynata’s clients, partners and/or licensors. Restricted Content is and shall remain the sole and
exclusive property of the owner of the Restricted Content. In no event shall you obtain or receive any right, title and/or
interest in or to any Restricted Content. You agree to protect the confidentiality and secrecy of the Restricted Content and you
agree not to modify, copy, reproduce, republish, display, transmit, distribute, reverse engineer, create derivative works of,
decompile or otherwise use, alter or transfer Restricted Content without the prior express written consent of Dynata. You
acknowledge and agree that Restricted Content may be subject to, and protected by, intellectual property laws, regulations and
codes. You further acknowledge and agree that if you breach or otherwise violate the restrictions, limitations and prohibitions
contained in this Section, in addition to any other rights or remedies available to Dynata, Dynata reserves the right to
terminate, prohibit or restrict your use of, access to and/or participation in the Applications/Services.
7. User Content
You are solely liable and responsible for all content, materials, information and comments you use, upload, post or submit
in connection with the Applications/Services (“ User Content”). You are solely responsible for all
third-party approvals, consents and/or authorizations required for User Content. If you submit User Content, the User Content may
become publicly available and may be shared with third parties including, but not limited to, Dynata’s clients, clients of
Dynata’s clients, and third-party service providers. User Content should only include audio, video, images or the likeness
of the individual submitting the User Content and should not contain copyrighted or trademarked content or material of any third
party. User Content should not include audio, video, images, or the likeness of anyone other than the user. You will not receive
compensation for any User Content. If you would like information about the identity of the sponsor of a survey in which you submit
photos or videos, please contact Dynata as set forth in Dynata’s Privacy Policy. In order to identify the specific survey,
you will need to provide Dynata with your email address and information on the specific survey (e.g., survey number, survey topic
or subject matter, date you completed the survey, etc.).
By using, uploading, posting or submitting User Content in connection with the Applications/Services, you hereby grant to
Dynata a perpetual, irrevocable, unlimited, transferrable, sub-licensable, world-wide, royalty free, right and license to edit,
copy, transmit, publish, display, create derivative works of, reproduce, modify, distribute and otherwise use, modify or
distribute your User Content in any manner, without compensation or notice. You are solely responsible for User Content.
Dynata does not and cannot review all User Content and Dynata is not responsible for User Content. Dynata reserves the right to
delete, move or edit User Content that is, in Dynata’s sole discretion, deemed to: (i) violate these Terms; (ii) violate
copyright or trademark laws; or (iii) be abusive, defamatory, obscene or otherwise unacceptable.
8. Rewards Programs
A. In connection with your use of the Applications/Services, you may have the opportunity to accumulate rewards, incentives
and entries into prize draws or sweepstakes. Incentives may be in the form of points or program/panel currency (“
Panel Currency”). Panel Currency has no monetary value and cannot be redeemed for cash; Panel Currency may
not be auctioned, traded, bartered or sold and is not transferrable upon death, by gift, as part of a domestic relations matter,
or otherwise, except by operation of law. Information, official rules and terms and conditions for rewards, incentives and prize
draws or sweepstakes may be available in these Terms, on the Website for a Panel, at the beginning or end of a survey, in survey
invitations, on the website(s) or webpage(s) for redeeming rewards, incentives, and prizes, and/or may be described in any
newsletter or other communication distributed or published by Dynata. The various types of incentives and rewards Dynata may
provide are to encourage participation in the Panel and are not compensation for time spent. Any points or Panel Currency that is
earned or paid to you or any reward that is redeemed by you for participation in the Research or other activity on a Panel is not
calculated based on time spent by you. Similarly, any consideration paid to or points earned by you for participation is not
pro-rated on an hourly basis or otherwise.
B. All points or Panel Currency posted to a Panel member’s account expire one (1) year following posting, unless the
points or Panel Currency are forfeited or canceled earlier due to membership or account inactivity or as otherwise set forth in
these Terms. Panel member accounts are not actual bank or financial accounts and do not accrue or accumulate interest of any kind.
C. Points or Panel Currency posted in connection with the Applications/Services do not constitute property of the Panel
member, cannot be transferred during or after the Panel member’s life, by operation of law or otherwise, and have no value
until presented by the Panel member for redemption in accordance with these Terms.
D. In the event that any points, Panel Currency, or incentive have been erroneously posted to a Panel member’s
account, Dynata may remove them from the Panel member’s account.
E. In the event that any points, Panel Currency, or incentive have been obtained and/or posted to a Panel member’s
account through fraudulent means, Dynata will remove them from the Panel member’s account and the account may be suspended
and/or terminated.
F. Redemption
(1) Points or Panel Currency will be deducted from the Panel member's account at the time the redemption request is made.
(2) All redemptions are final, and rewards may not be returned for credit except as otherwise provided in these Terms or as
otherwise agreed to in writing by an authorized representative of Dynata.
(3) The minimum points or Panel Currency redemption threshold required to redeem a reward is the equivalent of Fifty United
States Dollars ($50). Unless there is a lower redemption option available, if you do not satisfy the foregoing threshold, you will
not have a redemption option under Dynata’s rewards program. Dynata reserves the right to provide reward options with lower
minimum redemption thresholds without prior notice to or consent from you.
G. Dynata may modify, alter, delete or add new terms and conditions for its rewards program or the Applications/Services at
any time without notice. For Dynata this includes, but is not limited to, modifying, altering, adding or deleting point values,
redemption levels, conversion ratios, conditions for status, conditions for membership and conditions for earning incentives or
rewards, at any time without notice. In addition, Dynata may terminate or cease offering any incentive or reward in connection
with Dynata’s rewards program, at any time without notice.
H. You may not combine your points or Panel Currency with points or Panel Currency belonging to any other member, including,
but not limited to, any family member or friend.
I. Dynata make no representations or warranties of any kind, express or implied, regarding any product or service received
in connection with Dynata’s rewards program, including, but not limited to, any warranty of merchantability or fitness for a
particular purpose. Dynata is not, and will not be, liable or responsible for the performance of, or for the failure of the
performance of, any product or service for which points or Panel Currency, incentives or rewards are redeemed. In addition, Dynata
is not and will not be responsible or liable for any cost, damage, accident, delay, injury, loss, expense or inconvenience that
may arise in connection with the use of, or defect in, any product or service for which points, Panel Currency, incentives or
rewards are redeemed. Dynata will not replace any lost, stolen, misplaced or damaged incentives or rewards.
J. YOU HEREBY EXPRESSLY ACKNOWLEDGE AND AGREE THAT THE POINTS, PANEL CURRENCY, INCENTIVES OR REWARDS EARNED THROUGH THE
APPLICATIONS/SERVICES MAY BE SUBJECT TO TAX, WHICH IS THE SOLE RESPONSIBILITY OF THE PANEL MEMBER. Dynata may provide you and/or
the appropriate government agency or taxing authority with information related to any payments or incentives you earn in
connection with your use of the Applications/Services. You agree to provide Dynata with all required information to assist Dynata
in complying with its reporting or withholding obligations. Dynata may withhold any tax from any incentive or reward as required
by applicable law.
K. Every month Dynata donates USD $10,000 to American Red Cross. This donation is separate to the incentives you receive for
surveys and does not come from your points balance. This does not constitute a donation on your behalf so is not tax deductible
for you and is not dependent on the number of surveys in which members participate; it is one way Dynata is aiming to give back to
the global community.
L. Dynata uses reasonable efforts to ensure that points or Panel Currency are credited and debited appropriately; however,
the Panel member should review their account to ensure that their account correctly identifies the posted points or Panel
Currency, incentives, or rewards, and reflects all of the appropriate redemption transactions. If you feel that your account was
not credited or debited correctly or reflects incorrect redemption transactions, please send an email
to support@zapsurveys.com. Any email sent to Dynata should include the Panel member’s name, email address and specific
information on the subject matter. Dynata will use reasonable efforts to investigate the matter and to respond back to the Panel
member promptly. Dynata's decision is final and binding.
M. The suppliers or providers of the products or services offered in connection with Dynata’s rewards program and/or
the owners or operators of the website(s)/webpage(s) on which redemption transactions occur, may have their own terms and
conditions; please review these terms and conditions carefully.
N. Personal information may have to be collected, processed and/or disclosed in connection with Dynata’s rewards
program and/or any request to redeem a reward or incentive. By agreeing to these Terms, you hereby agree to the collection,
processing and/or disclosure of your personal information for such purpose(s) and all such personal information shall be subject
to the terms set forth in Dynata’s Privacy Policy. Redemption of Virtual Mastercard® or Visa® may require
verification of your identity by the financial institution responsible for issuing your Virtual Mastercard® and Visa®, and
that such verification may require you to provide your date of birth, tax identification number, and similar information.
O. If a Panel member elects to donate points or Panel Currency to one of the charities approved by Dynata, Dynata will
donate said points or Panel Currency to the selected charity. The donation is not made by or on behalf of Dynata and Dynata does
not and will not match any donation. Please note that the donation option is not available on every panel owned and/or operated by
or on behalf of Dynata. Please check the redemption options available for the panel to which you belong.
P. Your daily limit on the redemption of points or Panel Currency is limited to two (2) redemptions per 24-hour period.
Q. In the United States, Dynata has an obligation to: (i) provide a W-9 tax form to individuals who receive payments
(whether via the redemption of points or Panel Currency or other means) of $600 or more in a tax year; and (ii) file a 1099-Misc
form with the United States Internal Revenue Service (“IRS”) for such payments. In addition, Dynata will provide you
with a completed 1099-Misc form for your tax compliance purposes. As a result, please see the following:
(1) If you have received payments of $599 during a tax year, your account will be suspended (i.e., you will not be able to
receive further payments and will not be able to complete or participate in surveys) for the remainder of the applicable tax year
unless and until you provide Dynata with a completed and verified W-9 form.
(2) If you have received payments of $600 or more during a tax year, your account will be suspended indefinitely (i.e., you
will not be able to receive further payments and will not be able to complete or participate in surveys) unless and until you
provide Dynata with a completed and verified W-9 form. In this case, your account will not be reinstated at the beginning of the
next tax year, unless or until you provide Dynata with a completed and verified W-9 form. If you have any questions, please
contact privacy@dynata.com .
9. Profile Updates
Panel members agree to notify Dynata promptly of any changes in or to the information contained in their member profile.
Panel members agree to review and update their membership profiles as necessary but no less frequently than once every six (6)
months. A Panel member may update, correct and/or delete information contained in his or her membership profile by: (i) accessing
his or her Panel membership account; or (ii) sending an email to the appropriate Panel member services team for the appropriate
Panel.
10. Opt-Out Policy
Panel members may opt out from using the Applications/Services (including, without limitation, from receiving newsletters or
communications), at any time, by: (i) following the unsubscribe procedures described on the applicable Website(s) or contained in
any email received from Dynata; or (ii) sending an email to the Panel member services team. Dynata shall use reasonable efforts to
read and respond to each email request within a reasonable period of time after receipt. Upon termination, a Panel member’s
contact information will be removed from any further communication or contact lists. Please allow a few days for the complete
removal of contact information from Dynata’s communication or contact lists for the applicable Panel, during which period
the member may receive communications which were created or compiled prior to termination. Please see Dynata’s
Privacy Policy for information on how Dynata handles information and data following an
unsubscribe, termination or opt-out request (“ Dynata’s Privacy Policy”).
11. Links
In connection with your use of the Applications/Services, you may be able to link or connect voluntarily to websites
maintained and/or operated by third parties (“ Third Party Websites”). Dynata does not endorse any
Third-Party Website nor any products, services and/or opportunities advertised, offered and/or sold by, through or in connection
with any Third-Party Website (“ Third-Party Information”). Dynata does not make any representations
or warranties regarding Third Party Websites and/or Third-Party Information. Please carefully review all policies and terms
applicable to Third-Party Websites and Third-Party Information.
12. Communications with Dynata
All communications (excluding personal information) and User Content submitted or transmitted by you to Dynata, by
electronic mail or otherwise, shall be treated as non-confidential and non-proprietary information, unless specifically indicated
by you either prior to, or contemporaneously with, the submission or transmission of such communications and User Content. You
agree that any such communications and User Content may be used by Dynata for any legal reason.
13. Disclaimer
THE APPLICATIONS/SERVICES, INCLUDING ALL INFORMATION, SURVEYS, CONTENT, MATERIAL, COMMENTARY AND APPLICATIONS/SERVICES MADE
AVAILABLE ON OR THROUGH THE APPLICATIONS/SERVICES, ARE PROVIDED “AS IS”. DYNATA DOES NOT MAKE ANY REPRESENTATIONS OR
WARRANTIES OF ANY KIND WHATSOEVER IN CONNECTION WITH ANY INFORMATION, CONTENT, MATERIAL, COMMENTARY, SURVEYS, PRODUCTS OR SERVICES
MADE AVAILABLE ON OR THROUGH THE APPLICATIONS/SERVICES, INCLUDING, BUT NOT LIMITED TO, ANY USER CONTENT. FURTHER, DYNATA HEREBY
DISCLAIMS ANY AND ALL WARRANTIES, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF
NON-INFRINGEMENT, MERCHANTABILITY, AND FITNESS FOR A PARTICULAR PURPOSE. DYNATA DOES NOT WARRANT THAT THE TOOLS, TECHNOLOGY OR
FUNCTIONS CONTAINED IN THE APPLICATIONS/SERVICES OR ANY CONTENT, MATERIAL, COMMENTARY, INFORMATION AND/OR SERVICES CONTAINED
THEREIN, WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, THAT THE SYSTEMS OR THE SERVER(S) THAT SUPPORT THE
APPLICATIONS/SERVICES AND MAKE THE APPLICATIONS/SERVICES AVAILABLE WILL BE CORRECTED OR THAT THE APPLICATIONS/SERVICES AND/OR THE
SYSTEMS AND/OR THE SERVER(S) THAT SUPPORT THE APPLICATIONS/SERVICES ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. DYNATA DOES
NOT PROVIDE ACCESS OR CONNECTION TO THE INTERNET AND IS NOT AND SHALL NOT BE RESPONSIBLE OR LIABLE FOR THE ACTIONS OR OMISSIONS OF
THIRD PARTIES THAT INTERFERE WITH, LIMIT, RESTRICT OR PREVENT ACCESS OR CONNECTION TO, OR USE OF, THE APPLICATIONS/SERVICES.
14. Changes
Dynata hereby reserves the right, in Dynata’s sole discretion, to make changes to these Terms. Dynata encourages you
to review these Terms on an ongoing basis. Dynata will obtain your consent prior to changes that are of such nature that consent
is needed or required. For changes that do not require consent, your continued use of, access to, and/or participation in the
Applications/Services does and will constitute your acceptance of these Terms as amended.
15. Indemnification
You agree to indemnify, defend and hold harmless Dynata and its parent, affiliated and subsidiary companies and its and
their respective members, managers, shareholders, directors, officers, employees and agents from and against any and all claims,
liabilities, losses, judgments, awards, fines, penalties and costs and/or expenses of any kind, including, but not limited to,
reasonable attorneys’ fees and court costs, arising out of, resulting from or caused, either directly or indirectly, by: (i)
your breach or violation of these Terms; and/or (ii) your use of, participation in, and/or access to the Applications/Services.
16. Limitations of Liability
EXCEPT TO THE EXTENT PROHIBITED BY APPLICABLE LAWS, YOU ACKNOWLEDGE AND AGREE THAT IN NO EVENT WILL DYNATA BE LIABLE OR
OTHERWISE RESPONSIBLE TO YOU FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL AND/OR PUNITIVE DAMAGES, FOR ANY REASON(S) OR
FOR ANY CAUSE(S), REGARDLESS OF WHETHER DYNATA IS INFORMED OF THE POSSIBILITY THAT SUCH DAMAGES MAY EXIST. ANY CLAIM OR
CAUSE OF ACTION ARISING OUT OF OR RELATED TO USE OF THE APPLICATIONS/SERVICES AND/OR THESE TERMS MUST BE FILED WITHIN ONE (1) YEAR
AFTER SUCH CLAIM OR CAUSE OF ACTION AROSE.
17. Compliance with Applicable Laws
You acknowledge and agree that you will comply with all applicable international, national, Federal, state and/or local
laws, codes, regulations, rules and/or requirements (“ Applicable Laws”) regarding your use of,
participation, in, and/or access to the Applications/Services.
18. Suspension; Termination; De-Activation of Panel Membership Accounts
Either party may terminate your membership with a Panel at any time, with or without cause, for any reason or for no reason,
and without liability for the termination. In addition to any and all other available remedies, Dynata may, without notice,
suspend and/or terminate your use of, access to, and/or participation in the Applications/Services if you are in breach or
violation of these Terms. If Dynata terminates your membership due to your breach or violation of these Terms: (i) you forfeit all
rights, title and interest in and/or to all unredeemed rewards, incentives and/or prizes, effective immediately upon termination;
(ii) your membership will immediately be canceled; and (iii) your access to, participation in and use of the Applications/Services
(including, but not limited to, participation in survey projects) will immediately cease. In the event that a non-Panel
member breaches or otherwise violates these Terms, such non-Panel member hereby agrees that: (a) all rights, title and interest in
and/or to all unredeemed rewards, incentives and/or prizes (if any), shall be forfeit effective immediately upon termination; and
(b) access to, use of, and participation in the Applications/Services will immediately cease. In addition, Dynata reserves
the right to de-activate your Panel membership account: (a) if your membership account does not remain Active (as defined herein);
(b) if Dynata receives a hard bounce or delivery failure notice in regards to email communications sent by Dynata to your email
account; or (c) if Dynata receives a “mailbox full” reply notice three (3) times in regards to email communications
sent by Dynata to your email account. For the purpose of these Terms, “Active” means that you: (i) participate in a
survey at least once every six (6) months; or (ii) update your profile or member information at least once every six (6) months.
In the event of deactivation, termination by you or termination by Dynata (other than for your breach or violation of these
Terms), Dynata shall maintain a record of the posted, unredeemed rewards, incentives and/or prizes and, subject to the applicable
minimum redemption thresholds, shall allow you to redeem such rewards, incentives and/or prizes for a period of thirty (30) days
following the effective date of termination or deactivation of your account. Termination or deactivation of your membership will
not delete or remove any application(s).
19. Dynata Employee
A. Restriction. Dynata employees and their Immediate Family Member(s) (as defined herein)
are not eligible to receive any payments, prizes or incentives for using, participating in or accessing the Applications/Services.
For the purpose of this Section 19, the term “Immediate Family Member(s)” includes parents, spouses, children or
significant others (i.e., girlfriends/boyfriends, domestic partners and spousal equivalents).
B. Procedures. Dynata’s employees may use, access or participate in the
Applications/Services only after receiving written permission from their respective manager, and only for the sole purpose of
improving Dynata’s products and/or services. Dynata’s employees must always be honest and report accurate information
in connection with using, accessing or participating in the Applications/Services. If altered, false, or untrue information or
data must be used, prior consent and approval must be received from Dynata’s Chief Executive Officer.
C. Improper Conduct. Unless authorized pursuant to these Terms or otherwise approved in
writing by Dynata’s Chief Executive Officer, the violation of the terms of this Section 19 by a Dynata employee and/or
his/her Immediate Family Member(s) is a violation of Dynata’s standards of conduct and any such violation may subject the
employee to discipline, including, but not limited to, termination of employment. 20. Notices
A. Notice from You to Dynata. Except as otherwise set forth herein or as required by
Applicable Laws, all notices to be sent or provided to Dynata should: (i) be correctly addressed to the applicable business
address, and shall be sufficiently delivered if delivered: (a) by Federal Express, Express Mail or other nationally or
internationally recognized overnight courier service (in which case notice shall be effective one (1) business day following
dispatch); or (b) by certified mail, return receipt requested, postage prepaid (in which case notice shall be effective six (6)
days following deposit in mail); or (ii) be sent via email to the appropriate member services team for the appropriate Panel.
B. Notice from Dynata to You. Except as otherwise required by Applicable Laws, you agree
that Dynata may provide notices to you: (i) via the email address provided by you to Dynata (in which case notice shall be
effective one (1) day following the date the email was sent, provided that Dynata did not receive an error message stating that
delivery of the email was delayed, that the e-mail address was invalid or that the email otherwise could not be delivered); (ii)
by certified mail, return receipt requested, postage prepaid addressed to the address provided by you to Dynata (in which case
notice shall be effective six (6) days following deposit in the mail); or (iii) by posting notices on the applicable Website(s).
You agree to check the applicable Website(s) frequently for notices and to keep your personal information up to date.
C. Legal Notice. All questions regarding these Terms and all legal notices should be
sent, in accordance with Section 20.A. of these Terms, to:
Dynata, LLC 4 Research Drive Suite 300 Shelton, Connecticut 06484. Attn: Legal Team
OR
Devon House 58 St Katharine's Way London E1W 1LB, United Kingdom Attn: Legal Team/p>
21. Severability If any term or provision of these Terms shall be held or declared to be invalid or unenforceable for any reason by any court of
competent jurisdiction, such term or provision shall be deemed null and void and shall not affect the application and/or
interpretation of these Terms. The remaining terms or provisions of these Terms shall continue in full force and effect, as if the
invalid or unenforceable term or provision was not a part of these Terms.
22. Governing Laws; Jurisdiction and Venue
These Terms and your access to, use of or participation in the Applications/Services shall be governed by and construed in
accordance with the laws of the state of Connecticut, USA, without regard to any portion of any choice of law principles (whether
those of Connecticut or any other jurisdiction) that might provide for application of a different jurisdiction’s laws. All
claims or disputes arising in connection with these Terms and/or your access to, use of or participation in the
Applications/Services shall be subject to the exclusive jurisdiction of the state or Federal courts located in Fairfield County,
Connecticut, USA.
23. Miscellaneous Terms
The headings contained in these Terms are for reference only and shall have no effect on the interpretation and/or
application of these Terms. Dynata’s failure to enforce a breach by you of these Terms shall not waive or release you from
such breach and shall not waive, release or prevent Dynata from enforcing any subsequent breach by you of these Terms. These Terms
and any rules, terms or policies referenced herein or incorporated herein, and any Panel-specific requirements, represent the
entire understanding and agreement between Dynata and you with respect to the subject matter hereof. Last
updated: October 21, 2021
