Legal

Privacy Policy

Privacy Policy

Who are we?

We are Racing Post (“we” “our” “us or Racing Post”). You can see who our group members are by clicking on the link below:

https://www.racingpost.com/

What is our Privacy Commitment to you?

We respect your privacy and are committed to protecting your personal data. This privacy notice describes how we collect, use, share and protect personal data that you provide on www.racingpost-customerpanel.com (the site”) when you become a community member and participate in our client’s surveys and/or research studies (“surveys”). It also explains your privacy rights and how laws that are applicable to you may protect you.

This Privacy Notice tells you about:

  • Who are we?
  • What is our Privacy Commitment to you?
  • What personal data do we collect about you and how do we use your personal data?
  • Who do we share your personal data with?
  • Do we transfer your personal data to other countries?
  • What cookies do Toluna use on the site?
  • What other tracking technologies do Toluna use?
  • How do you access your information; use the member services area and/or update, correct or delete your information?
  • How do you opt out from your community membership?
  • How do you ask a question or make a complaint?
  • What is our winner’s policy?
  • What security measures do we undertake to protect your personal data?
  • What are our data retention and destruction policies?
  • Links
  • Children’s privacy
  • Your legal rights if you are in the EEA
  • What are the legal bases we rely on when processing your personal data?
  • Who is the data controller?
  • Changes to the privacy notice and your duty to inform us of changes
  • Privacy contact details
 

What personal data do we collect about you and how do we use your personal data?

Community Members

When you agree to become one of our community members and complete the registration form on the site, you are able to participate in our surveys. As part of your registration, you will provide us with your Identity data and Contact data and we will through your participation in the Surveys obtain, use and share certain other data about you, such as; Demographic/Profile data, Technical data and Pseudonymised data.

We use your Identity data and Contact data for:

  • Contacting you for any reason connected with your panel community membership;
  • Incentive fulfilment - when you earn incentive points through your participation in the surveys, the points are deposited into your account. When you wish to redeem them, we will use your Identity data and Contact data to send you your rewards.
  • Sending you invitations for your participation in surveys - to ask you if you are interested in participating in our upcoming surveys.  We may also make you aware via your online panel community membership account of surveys you may be suitable to participate in, based on our knowledge of your personal data.
  • Understanding more about you and the insights you provide us – our platform provider (Toluna) will with your consent provide us with your Identity data and Contact data, so we can understand more about you.

We may from time to time ask you to provide us with Special Categories of personal data about yourself for specific surveys and if required by applicable law, we will ask you for your consent before processing such Special Categories of personal data.

We use your Demographic/Profile data for matching you with appropriate surveys to see if you qualify for particular surveys and your birth date is automatically updated so that we may ensure we select individuals, based on their age as may be required for the relevant survey.

We use the personal data collected about you via the site to match and link with data we previously collected about you. 

Public forums and blogs

The site offers publicly accessible blogs or community forums. You should be aware that any information you provide in these areas may be read, collected, and used by others who access them.
Personal
testimonials of satisfied customers are displayed on the site in addition to other endorsements. With your consent, we may post such testimonials along with your first name and first letter of your surname. If you wish to update or delete your testimonial, you can contact us at Support@racingpost-customerpanel.com

You should be aware that any personal data you choose to make public on the site, in the Community area (under a message, as an opinion, topic, battle, thumb it) can be read, collected, stored and/or used by other users and could be used to send you unsolicited messages. We strongly discourage you from disclosing any of your personal data in the community area that you may find on the site and in particular, we would never ask you to provide your Contact data or Identity data on a public community area as part of a survey.  We cannot guarantee that third parties with whom you share your personal data via those community areas will keep them secure and confidential. Please be aware that we are not responsible for the personal data you choose to submit or make public. In addition, we are not responsible for the content you publicly post on the site that can be found via web-based search engines.

Categories of personal data we may process about you

      1. Identity data name (includes first, last, maiden and married names), date of birth, marital status, gender, panellist id and username.
      2. Contact data postal address, email address and telephone number.
      3. Special categories of personal data ethnic/racial origin, health, genetics, political opinion, religion, sexual orientation and sex life and biometrics data.  In this context “biometrics data” are data resulting from specific technical processing relating to the physical, physiological, or behavioural characteristics of a natural person, which allow or confirm the unique identification of that natural person, such as facial images or fingerprint data and used for ID purposes.
      4. Demographic/Profile data - interests, preferences, feedback and survey responses and including, but not limited to; age, marital status, gender, birthday, household size, income, education and employment status.
      5. Technical data includes internet protocol (IP) addresses, login data, browser type and version, time zone setting and location, browser plug-in types and versions, operating system and platform and other technology on the devices you use to access this website.
      6. Pseudonymised data is identifiable data as unique identifiers such as panellist ID’s are used, however direct identifiers, such as; name and Contact data are removed.

Who do we share your personal data with?

We have appointed Toluna to host the site on its online platforms for us.  Toluna help us to recruit online community members - like you and they build and manage the site and process all personal data we collect from you as part of your community membership.  We require Toluna to respect the security and confidentiality of your personal data and to treat it in accordance with the law. We do not allow Toluna to use your personal data for their own purposes and only permit them to process your personal data for specified purposes and in accordance with our instructions.

Toluna’s has engaged Amazon Web Services (AWS) (located in Ireland) to host the Community platform and to provide back up services.

From time to time we may engage third parties in processing the delivery of your rewards and they will need to use your Identity data and Contact data for those purposes.

From time to time, Toluna may use third-party software for fraud, quality checking and validation purposes, including, but not limited to speeding,

Though we make every effort to preserve your privacy, we may be required to disclose your personal data in response to lawful requests by public authorities, including to meet national security or law enforcement requirements; or to comply with a subpoena or other legal process, when we believe in good faith that disclosure is necessary to protect our rights, to protect your safety or the safety of others, to investigate fraud or breaches of the site terms, or to respond to a government request.

Do we transfer your personal data to other countries?

From time to time your personal data is transferred and/or accessed from a Toluna company that is located in the Europe to a country that has not been recognised as providing equivalent protection. Toluna has put in place transfer agreements using the standard contractual clauses for the transfer of personal data to third countries as decreed by the European Commission.

 

Toluna USA Inc., - EU-U.S. Privacy Shield Framework

Toluna USA Inc., (“Toluna USA”) is a member of the ITWP group of companies and all data that Toluna uses are accessed by Toluna USA for community management support.  Toluna USA recognises that the EEA have established strict protections regarding the handling of personal data from the EEA, including requirements to provide adequate protection for such personal data transferred outside of the EEA. Toluna ensures that it provides adequate protection for certain EEA personal data about individuals (including about you and Toluna corporate clients, suppliers, business partners, job applicants and employees.  Toluna USA has therefore elected to self-certify to the EU-US Privacy Shield Framework administered by the US Department of Commerce ("Privacy Shield"). Toluna USA is responsible for the processing of personal data it receives, under the Privacy Shield and subsequently transfers to a third party acting as an agent on its behalf for the purposes of providing back up services to ensure the security of your personal data. Toluna USA adheres to the Privacy Shield Principles of Notice, Choice, Accountability for Onward Transfer, Security, Data Integrity and Purpose Limitation, Access, and Recourse, Enforcement, and Liability. If there is any conflict between the terms of this privacy notice and the Privacy Shield Principles, the Privacy Shield Principles shall govern.

For the purposes of enforcing compliance with the Privacy Shield, Toluna is subject to the investigatory and enforcement authority of the US Federal Trade Commission. For more information about the Privacy Shield, see the US Department of Commerce's Privacy Shield website located at https://www.privacyshield.gov. To review Toluna’s representation on the Privacy Shield list, see the US Department of Commerce's Privacy Shield self-certification list located at https://www.privacyshield.gov/list.

What Cookies do Toluna use on the site?

Cookies are used on the site to distinguish you from other users of the site, helping Toluna to provide you with a good experience when you browse the site and allowing Toluna to improve their site. For detailed information on the cookies used and the purposes for which they are used, see the Cookie Policy.

What other Tracking Technologies do Toluna use?

Automated technologies or interactions. As you interact with the site, Toluna will automatically collect Technical data about your equipment, browsing actions and patterns. We collect this Technical data by using cookies, server logs, digital finger printing technologies and other similar technologies. We may also receive Technical data about you if you visit other websites employing our cookies.  Please see our cookie policy [[insert link to the Cookie Policy] for further details.

Server log files: Toluna may collect Internet protocol (IP) addresses, browser type, internet service provider (ISP), referring/exit pages, operating system, date/time stamp, and/or clickstream data.  This Technical data may be combined with other information collected about you for the purposes of improving our services, site functionality and collecting analytical data.

Fingerprint technologies:  In general, digital Fingerprinting technologies assign a unique identifier or "Machine-ID" to a user's computer to identify and track your device (“Technology”).  The Technology will analyse publicly available information and data obtained from your computer's web browser and from other publicly available data points, including the technical settings of your computer, the characteristics of your computer, and its IP Address, to create a unique identifier, which will be assigned to your device.  Toluna uses the Technology for quality control, validation, and fraud detection and prevention purposes, including assisting us in ensuring the integrity of survey results. Appropriate technical and operational processes and procedures will be put in place to ensure that the Technology is safe, secure and does not cause undue privacy or data security risks and the Technology will be used and distributed in a professional and ethical manner and in accordance with (a) this privacy notice, (b) any other statements and/or disclosures made to you as a member of the community and (c) applicable laws and market research codes of practice.  In the event any unethical conduct is discovered in connection with the use of the Technology, or that the Technology is being used in a manner that is inconsistent with privacy notice, immediate action will be taken to prohibit such unethical conduct and to ensure the proper administration of the Technology.

How do you access your information; use the member services area and/or update, correct or delete your information?

Upon request, we will provide you with information about what personal data we may hold about you.  If you are based in the EEA, you should refer to the section entitled Your legal rights if you are in the EEA HYPERLINK TO THIS SECTION FURTHER DOWN to understand more about your rights.  You may access, correct, or request deletion of your personal data, or terminate your membership by logging into your Community Account. By following the appropriate directions, your information should be automatically updated in our database. For these purposes, and if you are unable to correct your personal data yourself via your Community Account you may write to us at the postal address found at the end of this Privacy notice, or contact us by email at Support@racingpost-customerpanel.com We will respond to all requests within a reasonable timeframe.

How do you opt out from your panel community membership?

If you choose to end your membership with the Community or require us to cease processing your personal data, you may discontinue your membership by going to “Account” and selecting “Unsubscribe Options” in the footer. By following the appropriate directions, your record will be marked as "do not contact", and you will no longer receive invites to participate in future Surveys from Toluna. In addition, you will forfeit any incentive balance that has not been requested as of the time you opt out. In most cases it will take 2 to 3 days to process this change, but please allow up to two full weeks for your status to be finalised. Please note that you may continue to receive communications during this short period after changing your preferences while our systems are fully updated.

You may also send an email directly to contact@toluna.com requesting to be removed. Email links are provided on the site so that you may contact us directly with any questions or concerns you may have. Each email we receive is read and responded to individually; please allow two to three business days for us to get back to you.

If you decide to terminate your membership, we will no longer use your Identity data or Contact data, except for archival purposes and we will process your personal data in accordance with our backup procedures.  Your personal data will eventually destroyed in accordance with our data Retention and Destruction Policies HYPERLINK TO SKIP TO DATA RETENTION AND DESTRUCTION POLICIES SECTION FURTHER DOWN and we will continue to employ the security procedures and technologies to keep your personal data safe.

How do you ask a question or make a complaint?

You can direct any questions or complaints about the use or disclosure of your personal data to our Privacy Contact [HYPERLINK TO SKIP TO PRIVACY CONTACT SECTION FURTHER DOWN].  We will investigate and attempt to resolve any complaints or disputes regarding the use or disclosure of your personal data within 30 days of receiving your complaint.

If you are based outside the EEA and have an unresolved privacy or data use concern that we have not addressed satisfactorily, please contact our U.S.-based third-party dispute resolution provider (free of charge) at https://feedback-form.truste.com/watchdog/request. Under certain conditions, more fully described on the Privacy Shield website [https://www.privacyshield.gov/article?id=How-to-Submit-a-Complaint], you may invoke binding arbitration when other dispute resolution procedures have been exhausted.

If you are based in the EEA and have an unresolved privacy or data use concern that we have not addressed satisfactorily, then please refer to your rights to make a complaint under the section entitled Your legal rights if you are in the EEA. HYPERLINK TO THIS SECTION FURTHER DOWN

What is our winner’s policy?

Community members are entered into a prize draw for participation in surveys, polls, and other promotions, and can be randomly selected to win prizes. All winners are notified by email of their winnings. For more information, please visit our Terms and Conditions page. Toluna shall post the usernames or first name and first initial of last name of winners on the Reward Page or communicate them via newsletter to all panellists.  For more information about earning rewards, please visit our terms and conditions page [insert link here]

What security measures do we undertake to protect your personal data?

We have put in place appropriate security measures to prevent your personal data from being accidentally lost, used or accessed in an unauthorised way, altered or disclosed. In addition, we limit access to your personal data to those employees, agents, contractors and other third parties who have a business need to know. They will only process your personal data in accordance with our instructions and they are subject to a duty of confidentiality.

We have put in place procedures to deal with any suspected personal data breach and will notify you and any applicable regulator or supervisory authority of a breach where we are legally required to do so.

What are our data retention and destruction policies?

How long will you use my personal data for?

We will only retain your personal data for as long as necessary to fulfil the purposes we collected it for, including for the purposes of satisfying any legal, accounting, or reporting requirements.

To determine the appropriate retention period for personal data, we consider the amount, nature, and sensitivity of the personal data, the potential risk of harm from unauthorised use or disclosure of your personal data, the purposes for which we process your personal data and whether we can achieve those purposes through other means, and the applicable legal requirements.

If you are a citizen or resident of the EEA, or we are processing your personal data in the EEA, in some circumstances you can ask us to delete your data: see the section entitled Your legal rights if you are in the EEA [HYPERLINK TO THIS SECTION FURTHER DOWN] below for further information.

As the results of the surveys and other aggregated or Pseudonymised data are used for research and/or statistical purposes, we and other third parties may use this information in accordance with the terms indefinitely without further notice to you.

Links

From time to time we may offer visitors the ability to voluntarily link to other sites. Toluna does not review and is not responsible for, the content or effect of the privacy policies of these sites.

Children’s privacy

Toluna will not knowingly collect any information online from any child under the age 16 without permission from his/her parents, legal guardian or an adult responsible for the care of the child.  Eligible ‘young people’ (individuals aged between 16 and 17) may be invited to participate in our Teens panel from time to time.  We comply with COPPA, the EU “Safer Internet programme”, the General Data Protection Regulation and the ESOMAR guidelines in relation to online surveys concerning children and young people.

Your legal rights if you are in the EEA

If you have signed up with a Racing Post company who is located in Europe or you are a resident or citizen of a country in the EEA, you have rights under data protection laws in relation to your personal data. If you wish to exercise any of the rights set out below, please contact us.

You have the following rights:

  • Request access to your personal data and we may conduct ID checks before we can respond to your request.
  • Have your personal data erased, corrected or restricted if it is inaccurate or requires updating. You may also have the right under certain circumstances to request deletion of your personal data; however, this is not always possible due to legal requirements and other obligations and factors. You can update your account information via your Account or by contacting us at the address given below.
  • Object to the processing your personal data if we are not using your personal data for the purposes set out in this privacy policy.
  • Have your personal data transferred to you or to a third party.  We will provide to you, or a third party you have chosen, your personal data in a structured, commonly used, machine-readable format. Note that this right only applies to automated information which you initially provided consent for us to use or where we used the information to perform a contract with you.
  • Make a complaint at any time to a data protection regulator. A list of National Data Protection Authorities can be found here: http://ec.europa.eu/justice/data-protection/bodies/authorities/index_en.htm. we would, however, appreciate the chance to deal with your concerns before you approach the data protection regulator so please contact us in the first instance.

What are the legal bases we rely on when using your personal data?

The law on data protection in the EEA sets out a number of different reasons for which a company that is processing personal data may collect and process such personal data, including:

Consent In certain cases, we collect and process your personal data with your consent e.g. when you participate in surveys.

Legitimate interest In specific situations, we require your data to pursue our legitimate interests in a way which might reasonably be expected as part of running our business and which does not materially impact your rights, freedom or interests e.g. conducting customer satisfaction research by getting your feedback on our products and/or services.

Contractual obligations In some circumstances, we may need to process your personal data to comply with a contractual obligation e.g. when we use your personal data to send you your rewards.

Legal compliance If the law requires us to, we may need to collect and process your personal data in response to lawful requests by public authorities or if e.g. we believe in good faith that disclosure is necessary to protect our rights, to protect your safety or the safety of others, to investigate fraud or breaches of the site terms, or to respond to a government request.

Who is the data controller?

We, Racing Post, with whom you registered with as a community member are the controller and responsible for your personal data.

We have appointed a data protection officer (DPO) who is responsible for overseeing questions in relation to this privacy notice. If you have any questions about this privacy notice, including any requests to exercise your legal rights, please contact the DPO using the details set out below.

 

Changes to the privacy notice and your duty to inform us of changes

This version was last updated on the date at the top of this privacy policy.

The data protection law in the EEA requires that you have certain rights under law, we will respond to some of your requests (for example, a request for the transfer or erasure of your personal data).

If we decide to change our privacy notice, we will post those changes to this privacy statement on the homepage, or other places we deem appropriate so that you are aware of what information we collect, how we use it, and under what circumstances, if any, we disclose it.

We reserve the right to modify this privacy statement at any time, so please review it frequently. If we make material changes to this policy, we will notify you here, by email, or by means of a notice on our home page prior to the change becoming effective.

It is important that the personal data we hold about you is accurate and current. Please keep your Account details updated if your personal data changes during your relationship with us.

Privacy contact details

You may contact us by writing to:

The Data Protection Officer

Racing Post

Floor 7, Vivo Building

South Bank Central

30 Stamford Street

London

SE1 9LS

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Introduction

Welcome to Racing Post Customer Panel’s website (“Site”). These Terms and Conditions (the “Terms”) sets forth the agreement between Racing Post Customer Panel (“Community”, "we" or “us”) and each user ("you") governing the use by you of this Site. Please read these Terms carefully before using this Site. By using this Site, you agree to be bound by the terms and conditions contained in these Terms. If you do not agree to these Terms, you may not access, register for a member account or otherwise use this Site.

Privacy Policy

We will only use your personal data in accordance with our Privacy policy [ENTER LINK TO PRIVACY POLICY].  Use of this Site is subject to the terms of the Privacy Policy.,

The Community reserves the right, at its sole discretion, to change, modify, add or remove portions of these Terms, including the Privacy Policy of the Community, at any time. See Privacy Policy for more details of our Privacy Policy update procedure. The “Last Updated” date at the bottom of these Terms will indicate when the latest modifications were made. It is your responsibility to check these Terms periodically for changes. Your continued use of this Site after these Terms have been changed will mean that you accept and agree to the changes. In addition, when using particular services or features on this Site, you may be subject to any posted guidelines or policies applicable to such services or features that may be posted from time to time. All such guidelines or policies are hereby incorporated by reference into these Terms. Provided you comply with these Terms, the Community grants you a personal, non-exclusive, non-transferable, limited privilege to enter, access and use this Site.

Eligibility

Membership to this Site is free and is open to individuals only (not corporations or other business entities) that are at least eighteen (18) years of age. Membership in certain Surveys (as defined below) may be further restricted based on your age or geographic location. You are permitted to have only one account.

Your Member Account

While you may access this Site without registering for a member account, in order for an account to be established in your name and for you to participate in any Surveys (as defined below), you must complete the provided online registration. To open a member account, you must provide the Community with complete and valid contact information, including your full legal name, valid e-mail address, and all other requested information. Your account must have a unique and valid e-mail address and password.

You agree to provide only accurate, current and complete registration information and to keep that information updated in order to maintain its accuracy. The Community may terminate or suspend your membership and you may forfeit your rewards if you fail to provide or keep your personal information accurate and complete.

You may use only one (1) password to open and access your account, and you may not use another account holder's password or allow anyone else to use your password, for any reason. You are solely responsible for the security of your user name and password and any activity that occurs under your member account, whether authorised or unauthorised. The Community will not be responsible for any losses incurred through the use of your password by a third party, except when unauthorised use is directly attributable to the gross negligence or wilful misconduct of the Community. You agree to immediately notify the Community of any unauthorised use or breach of your member account.

Should you forget your password, you may request that the Community send it to you via e-mail by either contacting us at Support@racingpost-customerpanel.com and requesting a new password, or clicking on the ‘forgot password’ hyperlink in your online portal and we will send you a new one. This procedure assumes that mention is made of your username, and that the e-mail address provided by you when registering is used (or the new one provided in the event of an update).

By registering as a member of this Site, you agree to receive e-mail invitations to participate in surveys and panels conducted by the Community, its third-party partners and their clients (“Surveys”). The Community does not guarantee that you will receive a certain minimum volume of invitations or any invitations at all. Your participation in any Surveys and your disclosure of any personal data is completely voluntary.

The Community retains the right to monitor all member activity within the Site. If required by law, if you have violated our Code of Conduct below, in the event that your member account shows signs of fraud, abuse or suspicious activity or as otherwise deemed necessary by us, for instance where you do not respond to a reasonable number of requests to participate in Surveys , your member account may be terminated. If you have conducted any fraudulent activity, the Community reserves the right to take any necessary legal action and may have grounds to confiscate any rewards redeemed as a result of such activity. In addition, you may be liable for monetary losses to the Community, including litigation costs and damages, and you will not be allowed to participate in the Community in the future.

The Community may terminate your member account at any time for any reason.

You may cancel your account at any time by contacting the Community.  Please see further information on this in the Privacy Policy at [insert link to Privacy policy].

Rewards 

The Community values our members' opinions, and to show our appreciation, the Community offers rewards in the form of sweepstakes. More information about the rewards program of the Community can be found at [ENTER LINK TO REWARDS PAGE ON PANEL PORTAL].

Relationship

You are responsible for providing any computer equipment and communications services necessary to connect to and access this Site. You agree that neither your membership to this Site nor your completion of any Surveys for the Community and their clients create any agency, partnership or employment relationship, and that your completion of Surveys is strictly as an independent consumer. You also agree that any rewards you receive for completing Surveys are the only compensation you will receive for your completion of such Surveys.

Member Code of Conduct

The Community is an online Community Panel dedicated to making your voice heard and allowing you to tell leading providers of products and services what you think. When you use and post content to this Site you must observe the following rules:

  • Be courteous and respect the opinions of others and behave in a manner that supports a safe and comfortable environment for all members.
  • Do not post any of the following:
    • Material that advocates illegal activity or political, religious or ideological beliefs.
    • Personal attacks or anything (including "jokes" that may be misconstrued) obscene, vulgar, illegal, harmful, discriminatory, racist, xenophobic, insulting, threatening, abusive, harassing, defamatory, libellous, untrue, misleading or invasive of someone else's privacy or anything that is in any way pornographic or paedophiliac or that refers directly or indirectly to pornographic or paedophiliac sites.
    • Advertising and solicitations - Do not use any community areas to buy or solicit for goods, services, or money, or to advertise or sell products or services to others. For example, do not post any advertising, referrals, promotional materials, junk mail, "spam," chain letters, pyramid schemes or any other form of solicitation.
    • Any content that infringes any patent, copyright, trademark, trade secret or other intellectual property right of another or that, without prior written permission, mentions any third party brand or personality or uses any third party content.
    • Any statement that expresses or implies that any actions you take are endorsed by the Community or our clients.
  • Act in good faith when taking Surveys, so your answers should be true to the best of your knowledge and belief and genuine, e.g. your answers should be your own opinion (and not others) and you should take care not to speed through a Survey or answer each question the same way. The Community reserves the right to withhold awarding rewards to you if, in the Community’s reasonable view, your Survey responses are untruthful or not well considered.
  • Do not access or use any part of the Site for anything other than your personal, non-commercial use.
  • Do not access or use any part of the Site in any way that may violate any applicable law, regulation, or other governmental requirement and/or principles of good conduct.
  • Do not resell, barter, trade or otherwise attempt to generate income by providing access to your member account to others.
  • Do not impersonate any individual or entity, including, without limitation, a Community employee, agent or client, or other Community members or otherwise misrepresent your affiliation with any person or entity, including by "framing" any portion of this Site to make it look like you have a relationship with us or that we have endorsed you for any purpose.
  • Do not attempt to circumvent the Site or any security measures used on the Site, including by requesting rankings from other members or posting content which does not respond to or pose any question in order to garner rewards.
  • Do not release, publish or otherwise disclose or make reference to any Survey or Site content in any media without our prior written permission.
  • Do not collect or store any personal information about other members of this Site and in particular do not obtain email addresses of other Site members or third parties with a view to sending unsolicited emails, for whatever reason or purpose.
  • Do not attempt to access any service or area of the Site or any Surveys, the server on which our Site is stored or any server, computer or database connected to our Site that you are not authorised to access.
  • Do not use any robot, spider, scraper or other automated means or interface not provided by us to access the Site or extract data.
  • Do not misuse our Site by knowingly introducing, or sending to or otherwise impact us or this Site (or anything or anyone else) with harmful, illegal, deceptive or disruptive code such as a virus, "spyware", "adware" or other code that could adversely impact this Site or any recipient or take any action, such as a denial of service attack, that might impose a burden on this Site's infrastructure or interfere with the ordinary operation of this Site. You must not attack our Site via a denial-of-service attack or a distributed denial-of service attack.
  • Do not re-post on the Site any statements you receive from the Community Help Desk or Customer Support.
  • Do not communicate with the Community help desk in a manner which is obscene, vulgar, harmful, insulting, threatening, abusive, harassing, defamatory, libellous, untrue or misleading.
  • Do not engage in any other activity that the Community may reasonably deem improper or abusive. Failure to comply with this Code of Conduct may result in termination of your member account.
  • By breaching any of these provisions in this Code of Conduct, you may be committing a criminal offence under local applicable law.  We will report any such breach to the relevant law enforcement authorities and we will co-operate with those authorities by disclosing your identity to them. In the event of such a breach, your right to use our Site will cease immediately.

 

Confidentiality of Surveys

The Community's third party partners or clients may disclose confidential and/or proprietary information and materials to you as part of Surveys, and such information and materials shall remain the sole and exclusive property of its owner. This confidential information may include, but is not limited to, new product ideas or concepts, packaging concepts, advertising and movie or television concepts or trailers, and the text, visual images and sounds related thereto. By becoming a member, you agree that you will keep the contents and materials disclosed to you as part of all Surveys in which you participate confidential and not disclose them to any third party or use the confidential information for any purpose except for the sole purpose of completing the Surveys. If you breach this obligation, in addition to termination of your account, you may be liable for monetary damages to the Community and/or our clients for damages caused by the result of your breach.

Member Content and License

You hereby grant the Community and clients where the Survey in question is conducted by them, a non-exclusive, perpetual, unlimited, worldwide, royalty-free right to use for any purpose any content you submit to this Site (e.g., your opinions, ideas and Survey responses), including the right to edit, copy, transmit, publish, display, modify, distribute, create derivative works from and develop such content and to transfer such content to third parties. You, not the Community, will have sole responsibility and liability for all content you use, upload, post or submit to the Site, including on our message boards and in any Survey in which you participate, including the obligation to obtain any necessary approvals and authorisations required to post such content. By submitting such content to the Site, you release the Community and its clients and third party partners from any obligation to compensate you in respect of use of such content in any form, including without limitation, for commercial use and hereby waive any moral rights that you might otherwise have been able to exercise in respect of that content.

The Community Intellectual Property

You acknowledge that all materials on the Site, including the Site’s design, graphics, text, sounds, pictures, software and other files and the selection and arrangement thereof (collectively, “Materials”), are the property of the Community or its licensors, and are subject to and protected by international copyright and other intellectual property laws and rights. All rights not expressly granted to you are reserved by the Community or its licensors. Except as expressly authorised by these Terms or on the Site, you may not copy, reproduce, distribute, republish, download, perform, display, post, transmit, exploit, create derivative works or otherwise use any of the Materials in any form or by any means, without the prior written authorisation of the Community or the respective intellectual property rights owner. The Community authorises you to view and download the Materials only for personal, non-commercial use, provided that you keep intact all copyright and other proprietary notices contained in the original Materials. You may not modify or adapt the Materials in any way or otherwise use them for any public or commercial purposes.

The logo and trademarks "Racing Post Customer Panel", " www.racingpost-customerpanel.com” are trademarks or registered trademarks of the Community or its affiliates. All other trademarks, service marks, logos and trade names used on this Site are the property of the Community or their respective owners and may not be copied, imitated or otherwise used, in whole or in part, without the prior written authorisation of the Community and/or its licensors. All rights are reserved.

Disclaimer of Warranties

By utilising this Site, you acknowledge and agree that the Community is not a bank or any other kind or form of financial institution. The Community is not responsible for the actions of any third party, such as the issuers of any e-rewards, gift cards, vouchers or other rewards.

You expressly agree that your use of this Site and your member account is at your sole risk. You agree that this Site, all information on this Site, and the services offered by this and their functionality are provided by the Community or its corporate parents or affiliates, successors or assigns, suppliers or agents, "AS IS" and "AS AVAILABLE". The Community is not responsible for typographical errors regardless of source. In addition, the Community does not represent or warrant that the information accessible on this Site is accurate, complete, or current. You hereby release the Community and its affiliates from all liability regarding the redemption and use of any rewards, other than rewards that, after receipt, may be lost, stolen or destroyed. EXCEPT AS OTHERWISE EXPRESSLY PROVIDED IN THESE TERMS, the Community AND ITS AFFILIATES OR AGENTS DISCLAIM ALL WARRANTIES, CONDITIONS AND DUTIES, EXPRESS, IMPLIED OR STATUTORY, INCLUDING BUT NOT LIMITED TO ANY IMPLIED WARRANTIES, DUTIES OR CONDITIONS: (a) OF SATISFACTORY QUALITY , OF FITNESS FOR A PARTICULAR PURPOSE OR USE, OF RESULTS, AND OF ACCURACY OR COMPLETENESS OR PRIVACY OR SECURITY OF INFORMATION; (b) THE SITE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE; (c) CREATED BY TRADE USAGE, COURSE OF DEALING OR COURSE OF PERFORMANCE. the Community FURTHER DISCLAIMS ALL DUTIES TO YOU, IF ANY SUCH DUTIES EXIST, INCLUDING BUT NOT LIMITED TO REASONABLE CARE, WORKMANLIKE EFFORT, FREEDOM FROM COMPUTER VIRUS, AND LACK OF NEGLIGENCE. the Community FURTHER MAKES NO WARRANTY OF TITLE OR AGAINST INTERFERENCE WITH YOUR ENJOYMENT OF ANY ASPECT OF THE COMPLETE SITE, OR AGAINST INFRINGEMENT. ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SITE IS DONE AT YOUR OWN DISCRETION AND RISK AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM the Community AND ITS AFFILIATES ON OR THROUGH THE SITE SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THESE TERMS.

Limitation of Liability

WITH THE EXCEPTION OF PERSONAL INJURY OR DEATH RESULTING FROM THEIR NEGLIGENCE OR ANY LIABILITY FOR FRAUD, the Community AND ITS AFFILIATES OR AGENTS SHALL NOT UNDER ANY CIRCUMSTANCES BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING OUT OF, IN CONNECTION WITH OR RELATING TO THE USE OF OR INABILITY TO USE THE SITE, INCLUDING ANY LIABILITY (I) AS A PUBLISHER OF INFORMATION, (II) FOR ANY INCORRECT OR INACCURATE INFORMATION, (III) FOR ANY UNAUTHORISED ACCESS TO OR DISCLOSURE OF YOUR TRANSMISSIONS OR DATA, (IV) FOR STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE SITE, OR (VII) FOR ANY OTHER MATTER RELATING TO THIS SITE OR ANY THIRD PARTY WEBSITE. SUBJECT TO THE EXCEPTIONS STATED AT THE BEGINNING OF THIS PARAGRAPH ,THIS IS A COMPREHENSIVE LIMITATION OF LIABILITY THAT APPLIES TO ALL DAMAGES OF ANY KIND, INCLUDING, TO THE FULLEST EXTENT ALLOWED BY LAW, FOR ANY SPECIAL, INCIDENTAL, PUNITIVE, CONSEQUENTIAL OR SIMILAR GENERAL DAMAGES, OR FOR DAMAGES FOR LOST PROFITS, LOSS OR IMPAIRMENT OF PRIVACY, SECURITY OR DATA, FAILURE TO MEET ANY DUTY (INCLUDING BUT NOT LIMITED TO ANY DUTY OF GOOD FAITH, WORKMANLIKE EFFORT OR OF LACK OF NEGLIGENCE), OR FOR ANY OTHER SIMILAR DAMAGES WHATSOEVER THAT ARISE OUT OF OR ARE RELATED TO ANY BREACH OR OTHER ASPECT OF THE ENTIRE AGREEMENT OR THIS SITE, EVEN IF the Community HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES AND EVEN IN THE EVENT OF FAULT, TORT (INCLUDING NEGLIGENCE) OR STRICT OR PRODUCT LIABILITY OR MISREPRESENTATION.

IN NO EVENT SHALL THE LIABILITY OF the Community, ITS CORPORATE PARENTS OR AFFILIATES, SUCCESSORS OR ASSIGNS, SUPPLIERS OR AGENTS EXCEED THE ACTUAL RETAIL VALUE OF AN APPLICABLE REWARD AT ISSUE, OR IF A DISPUTE RELATES GENERALLY TO YOUR USE OF THE SITE, TO THE FAIR MARKET RETAIL VALUE OF THE REWARDS WHICH YOUR UNUSED, UNEXPIRED, NON-CANCELED REWARDS ARE CONVERTIBLE INTO.

SOME JURISDICTIONS DO NOT ALLOW THE DISCLAIMER OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR CERTAIN TYPES OF DAMAGES. ACCORDINGLY, SOME OF THE ABOVE DISCLAIMERS AND LIMITATIONS MAY NOT APPLY TO YOU. IN SUCH JURISDICTIONS, THE EXCLUSIONS AND LIABILITY ARE LIMITED TO THE FULLEST EXTENT PERMITTED BY LAW.

Indemnification

You agree to compensate  and hold the Community, and its parent and affiliated companies, together with their officers, directors, owners, employees and agents harmless from any and all claims, losses, damages, suits, fines, levies and costs (including reasonable attorney's fees and expert witness costs, including costs associated with in-house counsel), (collectively "Claims"), arising from or related to your use of or conduct on this Site and any content you place on, submit to or transmit through this Site, your breach of these Terms, your infringement or violation of any rights of another, or termination of your access to the Site, including Claims made by third parties. You agree that the Community has the unlimited right to defend any Claim and to settle any Claim without your prior permission. You agree to provide the Community with all reasonable assistance in the defence of any Claim.

Links; Third Party Websites

The Community may provide links to third-party websites as a convenience to you, and the Community's providing of any link does not constitute an endorsement by such site of the Community or vice versa. If you use these links, you will leave the Site. You agree that the Community is not responsible for examining or evaluating the content or accuracy and the Community does not warrant and will not have any liability or responsibility for any third-party materials or websites, or for any other materials, products, or services of third parties. You will use these links at your own risk. You agree that you will not use any third-party materials in a manner that would infringe or violate the rights of any other party and that the Community is not in any way responsible for any such use by you. The Community expressly disclaims any responsibility for the content, legality, decency or accuracy of any information, and for any products and services, that appear on any third party website.

Without limiting the foregoing, your correspondence or business dealings with, or participation in promotions of, advertisers found on or through the use of the Site, including payment for and delivery of related goods or services, and any other terms, conditions, warranties or representations associated with such dealings, are solely between you and such advertiser. You agree that, save for death or personal injury resulting from their negligence or their liability for fraud, the Community and its affiliates shall not be responsible or liable for any loss or damage of any sort incurred as the result of any such dealings or as the result of the presence of such advertisers on the Site.

Applicable Law and Exclusive Forum

These Terms and all performances and claims of every nature (including without limitation, contract, tort and strict liability) relating in any way to any aspect of this Site shall be governed by the laws of England and Wales without regard to its conflict of law provisions. Any disputes regarding such claims or arising under or related in any way to these Terms or this Site shall be heard exclusively in the appropriate forum in the UK courts.

TO THE EXTENT PERMITTED BY APPLICABLE LAW, YOU AND the Community HEREBY WAIVE THE RIGHT TO A TRIAL BY JURY IN ANY PROCEEDING OR LITIGATION BROUGHT AGAINST THE OTHER WITH RESPECT TO THESE TERMS OR THE SITE. IN ADDITION, NEITHER YOU NOR the Community SHALL BE ENTITLED TO JOIN OR CONSOLIDATE CLAIMS BY OR AGAINST OTHER SITE USERS, OR LITIGATE ANY CLAIM AS A REPRESENTATIVE OR CLASS ACTION OR IN A PRIVATE ATTORNEY GENERAL CAPACITY.

Notices

Notices to You: We may give you all notices that we are required to give by posting notice on this Site. You also agree that we may give notice by email in our discretion, including notice of subpoenas or other legal process (if any). We may provide notice to any email or other address that you provide during registration. You agree to keep your address current and to check for notices posted on the Site.

Notices to Us: We receive many emails and not all employees are trained to deal with every kind of communication, so you agree to send us notice by emailing us at legal@toluna.com, indicating the domain name of the online community of which you are a member or posting such notice to Toluna UK Ltd., Racing Post Customer Panel, Ealing Cross, 85 Uxbridge Road, W5 5TH. Attn. General Counsel.

Entire Agreement; Miscellaneous

These Terms, including items incorporated into them (e.g., the Privacy Policy), as well as any additional terms or conditions contained on the Site for particular activities, and disclosures provided by us and consents provided by you on the Site (collectively, the "Entire Agreement"), constitute the entire agreement between us and neither party has relied on any representations made by the other that are not expressly set forth in the Entire Agreement. If any provision of the Entire Agreement is found by a court of competent jurisdiction to be invalid, the remaining provisions will remain in full force and effect, provided that the allocation of risks described herein is given effect to the fullest extent possible. Our failure to act with respect to a breach does not waive our right to act with respect to subsequent or similar breaches, and time is of the essence of the Entire Agreement. This Site is controlled by us from our offices within the United Kingdom and is directed to UK users. If you choose to access this Site from locations outside the UK, you do so at your own risk and you are responsible for compliance with applicable local laws. You may not use or export anything from the Site in violation of UK export laws and regulations or the Entire Agreement.

You agree that regardless of any statute or law to the contrary, any claim or cause of action arising from or relating to use of this Site or these Terms must be filed within one (1) year after such claim or cause of action arose, or will be forever barred.

The "Disclaimer of Warranties” and “Limitation of Liability" provisions of these Terms are for the benefit of the Community and its affiliates as defined herein, and each of these individuals or entities shall have the right to assert and enforce these provisions directly against you on its own behalf.

Notice of Copyright Agent

The Community respects the intellectual property rights of others and requests that you do the same. If you believe that your work has been reproduced in this Site in a way constituting copyright infringement, you may provide a notice to the designated Copyright Agent for the Site at Support@racingpost-customerpanel.com containing the following:

  • An electronic or physical signature of a person authorised to act on behalf of the owner of the copyright interest;
  • Identification of the copyrighted work claimed to have been infringed;
  • Identification of the material that is claimed to be infringing and information reasonably sufficient to permit us to locate the material;
  • The address, telephone number, and, if available, an e-mail address at which the complaining party may be contacted;
  • A representation that the complaining party has a good faith belief that use of the material in the manner complained of is not authorised by the copyright owner, its agent, or the law; and
  • A representation that the information in the notice is accurate, and under penalty of perjury, that the complaining party is authorised to act on behalf of the owner of an exclusive right that is allegedly infringed.

Further Information

If you have a complaint, you may contact us at Toluna UK Ltd., Racing Post Customer Panel, Ealing Cross, 85 Uxbridge Road, W5 5TH.

Last updated: 18th December 2020