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The purpose of these General Terms of Services (hereinafter the "GTS") is to define the conditions applicable to any individual or legal entity registered with the Trade and Companies Registry or any equivalent commercial registry (hereinafter the "Customer") who, on the Platform, orders the Services offered by TANDEMZ, a simplified joint stock company with capital of €2560, whose registered office is located at 4 rue de Ventadour 75001 PARIS, registered with the Paris Trade and Companies Registry under number 881 896 187 (hereinafter "TANDEMZ").
The Customer and Tandemz are hereinafter individually referred to as the "Party" or together as the "Parties".
In the GTS, capitalised terms and expressions have the meanings set out below, whether used in the singular or in the plural:
The services offered by TANDEMZ are as follows:
Tandemz asks its employees not to take part in Customer surveys.
Tandemz is bound by an obligation of means towards the Customer.
To order Services, the Customer must have a Customer Account or create a Customer Account.
The Customer can place an Order for Services online, by entering the type of study they wish to carry out, the profiles targeted for participation in the study, the methods for validating these participants, and the timetable and format of the meeting envisaged. Pricing is detailed throughout the Order process.
Once the Customer has completed the entire order form on the Platform, he/she will be taken to the Order summary page, which will indicate the scope of the Services, the price and the payment terms and conditions. It is the Customer's responsibility to check that there are no errors, after which they confirm that they have read and accepted these GTS by ticking the corresponding box and confirming their intention to proceed with the Order. The Order will then be considered firm and definitive, and will trigger the service ordered. Any modification or cancellation of an Order must be accepted by TANDEMZ. A request for modification may lead to a change in the price of the Order.
The Customer may access the description of their Order from their Customer Account.
The Customer will be invoiced once the service ordered has been completed in accordance with the conditions set out in article 6.
To subscribe to a prepaid package offering credits to be used on the Platform in the year following the Order, the Customer is invited to contact TANDEMZ directly via the contact form provided on the Platform, by chat, by e-mail or by telephone.
The Customer may also choose a credit offer in the credit area of their organisation. It is then up to the Customer to choose a means of payment. If they choose to receive an invoice, they will be invited to make an appointment with a member of the TANDEMZ team. If they choose to pay by credit card, they will then be asked to enter their card details. After which, the Customer will be asked to confirm that they have read and accepted these GTS by ticking the corresponding box, thereby materialising their wish to proceed with the Order. The Order will then be considered firm and definitive, and will trigger the service ordered. Any modification or cancellation of an Order must be accepted by TANDEMZ. A request for modification may lead to a change in the price of the Order.
Credits are defined as a pre-purchase, where one (1) credit is equivalent to one (1) euro enabling the Services to be purchased.
Credits are valid for a period of one year (i.e. 365 calendar days) from the date of purchase.
The Customer buys the quantity of credits he/she wishes according to his/her estimated volume for the coming year.
Depending on the volume purchased, the Customer may benefit from free credits, subject to the same conditions as the credits purchased.
Credits shall be paid by the means of payment agreed between the Parties: bank transfer within 30 days of the invoice date or payment by credit card.
The Customer will not be able to claim more free credits if, during the validity period, he/she subscribes to another contract which, with the two credit purchases combined, could have earned him/her more free credits.
Once the Order has been placed, the Customer has a cooling-off period of 15 working days. After this period, they may not at any time claim a refund of the balance of the credits, except in the event of malfunction and/or unavailability of the platform for a consecutive period of more than 15 working days.
Credits are used to pay for services.
Except in exceptional cases discussed in advance between the Customer and Tandemz, the Customer may not use the credits to pay for consulting, training or coaching sessions or take out a subscription to the platform.
The amount of funding required for each study is determined at the start of the study based on the characteristics of the testers required and the terms of the study.
Credits are debited at the end of each study on the basis of the price of testers set at the start of the study and the number of testers who took part.
Credits are used in ascending order of expiry date (nearest expiry date first). If the expiry date is the same, purchased credits are used up before donated credits.
Credits are shared by the entire Customer team. There is no limit to the number of people in the Customer's team who can use the credits on the Tandemz platform.
Loans have an expiry date. Loans expire without any deferment tolerance if no repurchase is made before the end of the validity period.
If new loans are purchased before the end of the validity period, and if the repurchase amount corresponds to at least 15% of the loan purchases in the last twelve (12) months, the remaining loans from the previous period are extended for three months. At the end of three months, the loans that have been carried over expire without any possibility of being carried over.
The Customer acknowledges that it is strictly forbidden to order and use the Services to carry out illegal or fraudulent activities or activities that infringe the rights or safety of third parties. Any violation of these GCS may result in the suspension of the Services and/or the termination of the Contract, without prejudice to any compensation that may be claimed by TANDEMZ.
If the Customer chooses to intervene in the validation of participants, it may only refuse a candidate on the basis of the selection criteria defined in the Order. Under no circumstances may the Customer refuse to accept a candidate who meets the selection criteria set out in the Order. Any change to the Order must be accepted by TANDEMZ and will be subject to additional pricing.
If the Customer is unable to attend, they must inform TANDEMZ and the participant at least twenty-four (24) hours before the start of the appointment via the cancellation button on the TANDEMZ platform. If this minimum period is not respected, the Customer is informed that the participation in question will be invoiced in full, as if the appointment had taken place.
The Customer may, at any time, propose to the participant a postponement of an appointment that it would have with him. The Client undertakes not to unilaterally reschedule an appointment on the TANDEMZ platform without clear and explicit acceptance of the new date by the participant. Otherwise, TANDEMZ may consider the appointment to have been cancelled instead.
For studies requiring an appointment, no later than seven (7) days after the scheduled date of the appointment (whether or not the appointment has taken place), the Customer undertakes to inform TANDEMZ of any absence of a participant from the appointment. The Customer is informed that he/she will not be billed for this/these participant(s) but that he/she will not be able to claim compensation for the time he/she has reserved for this/these participant(s).
No later than seven (7) days after the participant has finished taking part in the study, for studies requiring an appointment or not, the Client undertakes to inform TANDEMZ of any participant whom he suspects of not having been honest in his answers (lies, random answers, cheating, identity theft, etc.). The Customer must then provide TANDEMZ with all the elements necessary to judge the honesty of the participant. TANDEMZ will then be the sole judge of the actual honesty of the participant and may unilaterally decide that the Customer will not be billed for this/these participant(s). The Customer is informed that, in the case of an appointment, if he does not terminate this appointment early because of doubts about the honesty of the participant or his answers to the Questionnaire, the participation will be billed to him, without discount.
No later than seven (7) days after the end of the appointment, for studies requiring an appointment, the Client undertakes to inform TANDEMZ of any connection problem, ambient noise or technical requirement not met during the appointment. TANDEMZ reserves the right to invoice the participant, with or without a discount, depending on the extent of the problem encountered and the actual time spent with the participant before the appointment is terminated due to the problems encountered. The Customer is informed that if he/she does not terminate the appointment early, despite the difficulties encountered with the participant and his/her environment, the participation will be invoiced to him/her, without any discount.
No claim may be made by the Customer after this period of seven (7) days.
The Customer shall refrain, without the authorisation of TANDEMZ, from canvassing participants to propose that they take part in a study subsequent to the study which is the subject of the Order.
The price of the Services is detailed in the Order. The price is linked in particular to the number of participants selected for the study and to the duration of the study. The amount of compensation awarded to the participant is set according to the study that is the subject of the Order. Prices are indicated in euros excluding tax. TANDEMZ reserves the right to pass on, without delay, any tax or any increase in the rate of existing taxes.
If one of the participants selected for the study does not turn up for the appointment and does not take part in the study, the Customer will not be invoiced for this participant. TANDEMZ will deduct the fee associated with the participant from the invoice.
Subject to the terms of article 6 above, if it appears during an appointment that the Respondent's answers to the questionnaire are manifestly erroneous or false, then the Customer will not be billed for this participation and the said participant will not receive any compensation.
Subject to the terms of article 6 above, in the event of a connection problem, ambient noise or a technical requirement that is not met and that is exclusively attributable to the Respondent during the appointment, the Customer will not be billed for this participation.
Unless otherwise agreed, TANDEMZ will issue an invoice when the first of the following two events occurs: at the end of the month if at least one participant has been met during the previous month, or when the Order is closed (in particular if it is a Questionnaire). This may involve more than one invoice for the same Order.
The invoice may be sent to the Customer by post or email. If the Customer has previously provided a bank card and has given his/her agreement, the card will automatically be debited for the total amount of the invoice. Otherwise, the invoice is payable, by bank transfer or credit card, within thirty (30) days of its issue date, plus twenty (20) euros for invoicing costs.
The Customer may also choose to pay by using credit.
In accordance with the provisions of article L. 441-10 of the French Commercial Code, any delay in payment will give rise, without notice and by operation of law, to a fixed recovery indemnity of €40 as determined by decree and late payment interest at the rate applied by the European Central Bank during its last refinancing operation, increased by ten (10) points.
In the event of late payment that is not regularised, TANDEMZ will have the right to terminate the Contract to the exclusive detriment of the Customer or to take any other legal action to obtain compensation for the loss it has suffered.
Tandemz can only be held liable towards the Client in the event of direct damage that the Client may suffer in the event of a breach by Tandemz of one or more of its contractual obligations. Under no circumstances can Tandemz be held liable in the context of the Contract in the event of indirect and/or unforeseeable damage of any nature whatsoever (including, without limitation, all loss of profits, clientele, any commercial loss and any immaterial damage).
In any case, the liability of Tandemz arising from the Contract for a given damage is limited to the amount paid by the Customer for the Services causing the damage.
Regardless of the Services provided by Tandemz, the Client acknowledges that it is entirely responsible for the nature and content of the survey, particularly with regard to the regulations in force, as well as their accuracy, completeness and suitability to its needs. In particular, the Client undertakes to ensure that the nature and/or content of the survey in no way violates any legal or regulatory provision in force and, in this respect and in particular, does not constitute an affront to public decency, an incitement to racial hatred, misleading or unlawful advertising or an infringement of any intellectual property right and refrains from making any mention likely to shock Respondents.
It should also be noted that, as the Respondents are independent, Tandemz will not be held responsible for any failings on their part. However, in view of these failures, it may be considered that Tandemz has not fulfilled its obligation to present Respondents and the corresponding prize will not be due.
The Customer acknowledges and accepts that all rights, titles and interests relating to the Platform, the TANDEMZ names and logos, including the associated intellectual property rights, are and shall remain the exclusive property of TANDEMZ or of third parties having authorised TANDEMZ to exploit them. The Contract does not confer on the Customer any right of ownership or interest in the Platform, the TANDEMZ names and/or logos, but only a right of access and use of the Platform under the conditions of the licence defined below. The same applies to any other logos that may be displayed, including the "Bilendi" trademark.
In particular, the Customer undertakes not to carry out one or more of the following acts, or allow or authorise a third party to carry out one or more of the following acts: (i) decompile or disassemble the Platform, reverse engineer it or attempt in any other way to obtain the source codes, in whole or in part; (ii) copy the source code of the Platform or create a derivative work from these source codes; (iii) rent, sub-licence, sell, lend or transfer the Platform.
The parties undertake to comply with all applicable laws and regulations relating to the processing of personal data and, in particular, Regulation (EU) 2016/679 of the European Parliament and of the Council dated 27 April 2016 (hereinafter the "General Data Protection Regulation" or "GDPR") and all applicable French laws and regulations relating to personal data, including Law No. 78-17 of 6 January 1978 (hereinafter the "French Regulations") as amended from time to time.
Tandemz will be considered a (data) controller, within the meaning of Article 4 of the General Data Protection Regulation (GDPR), in relation to the processing of Respondents' personal data for the purposes of providing an access panel service (e.g. personal data provided by panellists when registering for the Tandemz platform or when responding to qualification questionnaires designed to help Tandemz assess which surveys are most relevant to them).
The Customer will be considered a (data) controller or the representative of the (data) controller, within the meaning of Article 4 of the General Data Protection Regulation (GDPR), in relation to the processing of personal data of Panellists and Respondents for the purpose of sending them a questionnaire (e.g. personal data used to select a sample of Panellists and send invitations to respond to the questionnaire).
In some cases, the Client may provide Tandemz with personal data of potential Respondents in order to invite them to participate in a survey. In this case, the Client will be considered the data controller or the data controller's representative for this personal data, and Tandemz will be considered the data processor.
Tandemz will also act as a (data) processor, within the meaning of Article 4 of the General Data Protection Regulation (GDPR), for all or part of the Respondents' personal data, depending on the Services provided to the Customer.
Tandemz does not have access to the composition of the questionnaire nor to the answers of the Respondents in the Questionnaires or at the appointment, which may include personal data. Tandemz shall not be considered as a (data) processor commissioned by the Client for the processing by the Client of the personal data contained in the Client's Questionnaire. Tandemz shall only be considered as a data processor for the processing, on behalf of the Client, of the personal data of the Panellists which are necessary to select them and invite them to participate in the Client's survey.
It is the responsibility of the data controller to inform the data subjects of the processing operations at the time of collection of the data. Where processing is based on consent, the data controller must be able to demonstrate that the data subject has consented to the processing of his/her personal data.
In particular, if the questionnaire or study contains or requires responses with personal data (e.g. name, email, address, telephone, ID used to recontact the panelist, IP address) or if the Client provides personal data to Tandemz, it is the Client's responsibility, where the processing is based on consent, to demonstrate that the data subject has consented to the processing of their personal data. Furthermore, if the Client wishes to collect personal data from the Respondent, either indirectly (IP address, GAID, IDFA) or directly via the Client Questionnaire (for example, identity and contact details: email, name, address, telephone number, photo; video), Tandemz must be informed of this beforehand by the Client and must provide its prior written consent.
The Client agrees not to place cookies on Respondents' devices without the prior written consent of Tandemz and without the prior consent of Respondents, where applicable.
Each Party undertakes not to use the personal data transmitted by the other Party for any purpose other than that for which such personal data was transmitted. The Client also undertakes not to recruit or recontact Respondents for other studies or other purposes, by any means of communication and for any reason whatsoever, at any time, except in the event that a Respondent fails to attend an appointment or to request (outside the Platform) that it be moved, without the prior written consent of Tandemz.
Each Party undertakes to implement appropriate technical and organisational security measures to ensure a level of security appropriate to the risk associated with the automated processing of personal data. When Tandemz acts as a (data) processor, the following provisions apply:
Tandemz will only provide the Client with pseudonymised data in the form of an identification number created for the purposes of the Questionnaire and anonymous demographic data (e.g. age, gender and region) . However, when an appointment is scheduled between a Respondent and the Customer, Tandemz will provide the Customer with the following information: first name and first letter of the last name. When the appointment is confirmed, Tandemz will also provide the Respondent's full name, email address and mobile phone number. This information will no longer be accessible after the appointment and the Client agrees not to record, collect or process it in any way.
In the event of an appointment between a Respondent and the Customer (or a representative of the Customer), the Customer is obliged to ensure that the Respondent accepts terms of use that are at least as protective as the example given in Appendix 1.
Unless otherwise stipulated herein or unless authorised in writing by the other Party, each Party undertakes not to disclose to third parties the Confidential Information of the other Party, whether it has been communicated to it by the other Party or by third parties such as agents, and to use such Confidential Information solely for the purposes of the Contract.
Each Party undertakes to disclose the Confidential Information of the other Party only to its employees, agents or subcontractors who need to know such information for the purposes of the Contract, provided that such persons are subject to confidentiality obligations at least as strict as those contained herein. Each Party is responsible for the compliance of these persons with their confidentiality obligations, so that its liability may be incurred by the other Party in the event of a breach by these persons of the said obligations.
Each Party may only make copies of the other Party's Confidential Information insofar as this is strictly necessary for the performance of the Contract.
The GTS apply throughout the performance of the Order.
In the event that one of the Parties fails to comply with any of its obligations, the other Party may, within thirty (30) clear days from the date of receipt, or failing this, the date of first presentation of a registered letter of formal notice with acknowledgement of receipt which has remained without effect, terminate the Order ipso jure, without prior notice or judicial or other formalities and without prejudice to any other rights or actions, in particular with a view to claiming any damages to which it may be entitled.
In addition, TANDEMZ may automatically terminate the Contract, without prior notice or compensation, all or part of the Customer's access to the Platform and/or the Services. TANDEMZ may pronounce this termination without prejudice to all other rights, actions and remedies that it may have for the purpose of compensating for the loss that it may have suffered as a result of these breaches.
Upon termination of the Contract, for any reason whatsoever, the Services will cease immediately, regardless of their status.
The sums paid by the Customer before the expiry or termination of the Contract remain acquired by TANDEMZ. Except in the case of termination for fault on the part of TANDEMZ, all sums still owed by the Customer to TANDEMZ will become immediately payable on the date of expiry or termination of the Contract.
Each Party undertakes (i) to protect and treat in the strictest confidence the Confidential Information provided to it by the other Party and/or to which it may have had access during the performance of the Contract; (ii) not to reveal to any third party, without the prior written consent of the other Party, the nature or content of the Confidential Information of the other Party, either directly or indirectly; (iii) not to use the Confidential Information for any purpose other than the performance of the Contract; (iv) not to copy the Confidential Information for any purpose other than the performance of the Contract.
The obligation of confidentiality does not apply to information: (i) which was known to one of the Parties, without any obligation of secrecy, prior to its transmission by the other Party; (ii) which is obtained from third parties by one of the Parties, in a legitimate manner; (iii) which is or becomes publicly available, without there being any breach of the undertakings given by each of the Parties; (iv) which is disclosed in a reasonable manner to employees, suppliers, service providers or others, for the performance of the Services; (v) which must be disclosed by the law or a competent authority.
The Parties shall require third parties and members of their staff who may be involved in the context of the Contract to sign a confidentiality undertaking guaranteeing the same level of confidentiality. The confidentiality undertaking shall remain in force as long as the information concerned has not become public.
Neither Party will be held liable to the other for non-performance or delays in performance of an obligation under the GTS which are due to the fault of the other Party following the occurrence of an event of force majeure within the meaning of the Civil Code and case law.
In the event of a force majeure event, the Party affected shall immediately inform the other Party and the Parties shall take all reasonable measures to limit the consequences of such an event. In the event of the occurrence of an event of force majeure resulting in the temporary impossibility for one of the Parties to perform its obligations, the non-performance of its obligations by the Party affected will be tolerated for the duration of the event of force majeure and for a maximum continuous period of thirty (30) calendar days. Beyond this period, the Parties may terminate the Contract by registered letter with acknowledgement of receipt without any further formality.
The Customer may not transfer the Contract or any of its rights and/or obligations to a third party in any capacity, for any reason and in any form whatsoever, without first informing TANDEMZ in writing and obtaining its express consent.
TANDEMZ may, subject to having informed the Customer in advance, transfer the Contract to any affiliated company within the meaning of the provisions of article L.233-3 of the French Commercial Code, as well as to any third party company that is involved in a capital operation, change of control, merger, takeover, assignment or transfer.
The Contract is subject to French law. Failing amicable resolution, any dispute relating to the Contract shall be brought exclusively before the competent courts located within the territorial jurisdiction of the registered office of TANDEMZ, including in the event of summary proceedings, applications or multiple defendants.
Update: October 2024
Appendix 1: Sample Privacy Policy
