Med Planet encompasses the market research activities provided by M3 USA Corporation, M3 (EU) Ltd, Ekas Marketing Research Services (Ekas), M-Panels Research Services Private Limited (m360 Research), Qualitative and Quantitative Fieldwork Services AB (QQFS), pharma-insight GmbH, Med Planet and Michael Allen Company.

Med Planet (“Company”, “we”, “us” or “our”) grant you permission as a user (“User”, “you” or “your”) to access and use any of our websites (“Sites”), software, applications, content, products and services (“Services”), which are owned or licensed by us. These terms of use (“Terms”) govern your use of the Sites and our provision of the Services on which these Terms are posted. PLEASE READ THESE TERMS CAREFULLY BEFORE USING ANY OF THE SERVICES.

YOUR ACCEPTANCE OF THESE TERMS OF USE

These Terms of Use and our Privacy Policy apply each time you access the Sites or use the Services. When you access the Sites or use the Services, you accept these Terms as if you had signed them, and you consent to our collecting and using your information as described in these Terms and our Privacy Policy. If you do not agree to these Terms or our Privacy Policy, you may not access the Sites or use the Services.

We may revise or terminate these Terms or our Privacy Policy at any time, without notice to you. You are responsible for reviewing these Terms and our Privacy Policy regularly. Your access of the Sites or use of any of the Services following the posting of changes means you agree to abide by those changes.

DESCRIPTION OF SERVICES

The Services include a variety of market research resources and services for the healthcare community including participation in surveys, panels or other activities. Certain Services may have additional guidelines or rules. When using the Services, you shall be subject to any posted guidelines or rules applicable to such Services in addition to these Terms.

WEBSITE USER CONTENT

The Sites may allow you to communicate, submit, upload or otherwise make available text, images, audio, video, competition entries or other content (“User Content”), which may be accessible and viewable by the public viewing the Sites. You may not submit or upload User Content that is defamatory, harassing, threatening, bigoted, hateful, violent, vulgar, obscene, pornographic, or otherwise offensive or harms or can reasonably be expected to harm any person or entity, whether or not such material is protected by law.

We do not claim ownership to your User Content; however, you grant us a non-exclusive, sublicensable, irrevocable and royalty-free worldwide license under all copyrights, trademarks, patents, trade secrets, privacy and publicity rights and other intellectual property rights to use, reproduce, transmit, print, publish, publicly display, exhibit, distribute, redistribute, copy, index, comment on, modify, adapt, translate, create derivative works based upon, publicly perform, make available and otherwise exploit such User Content, in whole or in part, in all media formats and channels now known or hereafter devised (including in connection with the Services and on third-party sites and platforms such as Facebook, YouTube and Twitter), in any number of copies and without limit as to time, manner and frequency of use, without further notice to you, with or without attribution, and without the requirement of permission from or payment to you or any other person or entity.

We have the right but not the obligation to monitor, screen, post, remove, modify, store and review User Content or communications using our Services, at any time and for any reason, including to ensure the User Content or communication conforms to these terms, without prior notice to you. We are not responsible for, and do not endorse the opinions, views, advice or recommendations posted or sent by users or guarantee the accuracy, integrity or quality of User Content. Under no circumstances will Company be liable in any way for any User Content, including, but not limited to, any errors or omissions in any User Content, or for any loss or damage of any kind incurred as a result of the use of any User Content posted, emailed or otherwise transmitted via any Service.

You bear all the risks associated with the use of or exposure to any User Content. You acknowledge and agree Company may preserve User Content and may also disclose User Content if required to do so by law or in the good faith belief such preservation or disclosure is reasonably necessary to: (a) enforce these Terms; (b) respond to claims that any User Content violates the rights of third-parties; or (c) protect the rights, property, or personal safety of the Company, its users and the public.

INTELLECTUAL PROPERTY OWNERSHIP

The Sites and the Services contain proprietary and confidential information that: (a) is the sole property of the Company or its partners; (b) is protected under U.S. and international patent, copyright, trademark, trade secret and other intellectual property law; and (c) may only be used in accordance with these Terms or our express written consent. You are granted only those rights necessary to access the Sites and use of the Services as permitted herein. All trademarks, service marks, trade names and trade dress (the "Marks"), whether registered or unregistered, appearing in the Sites are proprietary to us or our partners. You may not display or reproduce the Marks without our prior written consent, and you may not remove or otherwise modify any patent, copyright, trademark, other proprietary notice or disclaimer from any content. All other rights not expressly granted herein are reserved.

WARRANTIES

You warrant and represent that (i) you own all right, title, and interest in your User Content or have obtained the necessary rights to use your User Content on the Sites or with any part of the Services, (ii) your User Content does not violate any law or regulation, (iii) your User Content does not violate the intellectual property rights or any right of any third party, and (iv) your User Content is not designed to or will not knowingly have deleterious effect on Company, the Sites, the Services, other users or any computer, network, software or hardware.

INDEMNITY

You agree to indemnify and hold Company and its officers, directors, parent(s), employees, agents, licensees, assigns, subsidiaries, affiliates, co-branders or other partners harmless from any claim, cause of action, suit, or demand, including reasonable attorney’s fees, based on your breach of the foregoing warranties or these Terms.

LINKS TO THIRD-PARTY SITES

The Services may contain links to third party web sites (“Linked Sites”). The Linked Sites are not under the control of Company and Company is not responsible or liable for the communications or materials of any Linked Sites. You are responsible for adhering to the applicable terms of use for any other web site and are solely responsible and liable for any interactions you may have with such sites.

PRIVACY

Your personal data is subject to our Privacy Policy, which you should read in its entirety. The most current version of the Privacy Policy is always posted on the Sites.

NOTICES OF ALLEGED INFRINGEMENT OF THIRD-PARTY RIGHTS

We respect the intellectual property of others and ask our users to do the same. We will process and investigate notices of alleged infringement and will take appropriate actions under the Digital Millennium Copyright Act (“DMCA”) and other applicable intellectual property laws. If you believe any of the material contained on a Site infringes or violates any copyrights, trademarks or other intellectual property rights owned by you or any other rights, please email us the specifics of your claim to Privacy@medplanet.biz.

All of the following information is required to process and investigate your claim:

a) Identification of the protected work you believe to be infringed. Please describe the work, and where possible include a copy or the location (e.g., URL) of an authorised version of the work.

b) Identification of the material you believe to be infringing and its location. Please describe the material and provide us with its URL or any other pertinent information that will allow us to locate the material.

c) Your name, address, telephone number, and e-mail address.

d) A statement you have a good faith belief the complained of use of the materials is not authorised by the owner, its agent, or the law.

e) A statement confirming the information you have supplied is accurate, and indicating “under penalty of perjury,” you are the owner or are authorised to act on the owner’s behalf.

f) A signature or the electronic equivalent from the owner or authorised representative.

UNAUTHORISED USE

You agree not to:

a) disrupt, interfere with the security of or otherwise abuse the Services or our Sites, or any services, system resources, accounts, servers or networks connected to or accessible through a survey or linked sites

b) 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 Services, or in other ways manipulate the result of a survey

c) take any action to interfere with our Sites, including, but not limited to, overloading, or “crashing” a website

d) send or transmit any viruses, corrupted data, or any other harmful, disruptive, or destructive code, file, or information, including, but not limited to, spyware, malware and trojans

e) collect any personal data of other users of the Services

f) send unsolicited emails, such as promotions and advertisements for products or services

g) open, use, or maintain more than one (1) membership account with a panel

h) use or attempt to use another user’s account, without authorisation, or create an account with a false identity

i) attempt to obtain unauthorised access to our Sites

j) forge or mask your true identity

k) frame a portion(s) of our Sites and display it on another website or media or alter the appearance of any survey site, panel site, or partner site

l) establish links from a website to our Sites, without our prior written consent

m) post or transmit any threatening, libellous, defamatory, obscene, pornographic, lewd, scandalous, or inflammatory material or content

n) use any foul, abusive or obscene language on our Sites or in a survey

o) engage in any fraudulent activity, including, but not limited to, speeding through surveys, assign the same rating or number throughout the entire survey, taking the same survey more than once, submitting false information during the registration process, submitting false or untrue survey data, redeeming or attempting to redeem incentives through false or fraudulent means, tampering with surveys and, with respect to the use of the ad tracking service, accessing websites or online campaigns with the sole intention to provide a misrepresentative impression of your online behaviour

p) reverse engineer any aspect of a service or take any acts that might reveal or disclose the source code, or bypass or circumvent measures or controls utilised to prohibit, restrict or limit access to any webpage, content or codes, except as expressly permitted by applicable law

q) use restricted content in violation or breach of these Terms

r) encourage and/or advise any individual, including, but not limited to, panel members, participants or any of our employees, to commit an act in conflict with these Terms.

TERMINATION

Company, in its sole discretion, may terminate your password, account (or any part thereof), use of any Service, or access to any Site, and remove and discard any User Content within any Service, for any reason, including, without limitation, for lack of use or if Company believes that you have violated or acted inconsistently with the letter or spirit of these Terms. Company may also in its sole discretion and at any time discontinue providing any Service, or any part thereof, with or without notice. Company shall not be liable to you or any third party for any termination of your access to a Service. The provisions of these Terms which by their nature should survive the termination of these terms shall survive such termination.

DISCLAIMERS

You expressly acknowledge and agree the sites and the services, including all information, products, and other content (including third party information and user content) are provided on an “as is” and “as available” basis and without warranties of any kind either expressed or implied. To the fullest extent permissible, pursuant to applicable law, company disclaims all warranties, expressed or implied, including but not limited to implied warranties of merchantability, fitness for a particular purpose and non-infringement. Company does not warrant any portion of any site or any service will be uninterrupted or error free, that defects will be corrected or any site or any service that makes it available are free of viruses or other harmful code. Company does not warrant or make any representations regarding the use or the results of the use of the sites or the services in terms of correctness, accuracy, reliability or otherwise. Any material downloaded or otherwise obtained through the use of the services is done at your own discretion and risk. Some states may not allow the exclusion of implied warranties, so the above exclusions may not apply to you.

We do not make any representation or warranty about whether the Sites or the Services are adequate to meet your privacy and security compliance obligations under the Health Insurance Portability and Accountability Act of 1996, the Health Information Technology for Economic and Clinical Health Act of 2009, and the security, privacy and other regulations related thereto (collectively, “HIPAA”), or any other standards, laws, rules or regulations. You are responsible for assessing your privacy and security obligations and determining whether your use of the Sites or the Services complies.

1. Limitation of liability

In no event shall company or any of its affiliates, suppliers or licensors be liable for any direct, indirect, special, consequential, punitive or incidental damages, lost profits or the cost to procure substitute goods and services or damages resulting from lost data, lost employment opportunity, or business interruption resulting from or arising under or in connection with services or the use or access to, or the inability to use or access, the sites and/or any document, even if company has been advised of the possibility of such damages and whether such damages arise in contract, negligence, tort, under statute, in equity, at law or otherwise. You assume all responsibility and risk for your use of the sites, the internet generally, and the information you post, provide or access and for your conduct on and off the sites. In no event shall our total liability to you for all damages, losses and causes of action, regardless of the form of action, exceed the amount of the compensation paid to you during the previous twelve (12) months or one thousand U.S. dollars (US$1,000), whichever is greater.

ASSIGNMENT

You may not assign or sublicense any of your rights or obligations hereunder, in whole or in part, by operation of law or change in control of you or otherwise, unless you obtain our prior written consent. We are free to assign all of our rights and obligations hereunder, and upon such assignment we will be relieved of all liability under these Terms, and all rights and obligations shall accrue to the successor or assignee. These Terms are binding upon and inures to the benefit of our successors and assigns and your permitted successors and assigns.

FORCE MAJEURE

If we are unable to perform any of our obligations hereunder (including without limitation loss of or failure to provide the Services) due to any event beyond our reasonable control, including without limitation, acts of God; acts of terrorism, war or the public enemy; flood; earthquake; tornado; storm; fire; pandemic or epidemic; civil disobedience; insurrections; riots; labour disputes; labour or material shortages; sabotage; restraint by court order or public authority (whether valid or invalid); acts or omissions of any government or agency thereof; power or telephone failures; or breakdown or malfunction of machines, transportation facilities or other equipment of any nature, then our performance shall be excused for the period of such event, but we will use our best commercial efforts to limit the duration of any such delay.

JURISDICTION

These Terms and the legal relations among the parties shall be governed by, and construed and enforced in accordance with, the laws of the State of Delaware, without regard to principles of conflicts of laws. You expressly agree exclusive jurisdiction for any dispute with Company, or in any way relating to your use of the Sites or the Services will be decided by a court of law sitting in Delaware. Each party hereby irrevocably waives any right to trial by jury in connection with any action or litigation in any way rising out of, or related to, these terms. In the event of such a dispute, the prevailing party shall pay all reasonable costs, including court costs and attorneys’ fees, incurred by the non-prevailing party in the enforcement of the provisions of these Terms. No action, regardless of form, arising out of these Terms may be brought by you more than one year after the cause of action has occurred.

MISCELLANEOUS

Titles and paragraph headings are for reference purposes only. These Terms contain the entire agreement of both parties and supersedes any and all previous oral and written communications and agreements with respect to the subject matter hereof. Any of our remedies are cumulative and not exclusive. No waiver of any breach of any provision of these Terms is a waiver of any prior, concurrent or subsequent breach of the same or any other provision hereof and no waiver shall be effective unless made in writing. If any provision of these Terms is found to be invalid or otherwise unenforceable, the validity of any remaining portion shall not be affected and the remaining portions shall remain in full force and effect, as if invalid portions were deleted from these Terms.

PANEL MEMBERS

Individuals are invited to join our panel to participate in Activities (including but not limited to market research, non-interventional studies, observational studies, and other surveys). (the “Panel”).

By signing up to join our Panel, you agree to receive invitations to participate in surveys and research programs. To unsubscribe from panel membership at any time, please see “Opt-Out Policy” below.

Only one panel membership is permitted per unique email address.

1. Panel Registration

As a condition to using the Sites and Services, you may be required to register and join the Panel as a member. If you register for a Service, you agree to receive emails from us related to the Sites and the Services. You agree to provide and maintain accurate, current, and complete information, including your contact information for notices and other communications from us and information that we need from you in order to pay any incentives for your participation (if applicable). Failure to do so shall constitute a breach of this Agreement, which may result in immediate termination of your account. We will handle any personal data you provide in accordance with our Privacy Policy.

A Panel membership is personal and may only be used by the registered individual.

You may not (i) register with a pseudonym or a name of another person with the intent to impersonate that person; (ii) use a name subject to any rights of another person without appropriate authorisation; or (iii) misrepresent your licenses or qualifications. Company reserves the right to refuse registration of or cancel a Panel Member at our sole discretion. You are responsible for maintaining the confidentiality of your password and are solely responsible for all information and instructions transmitted through the Sites or the use of any Services. All information and instructions communicated by use of your Account, whether authorised or unauthorised, will be considered to have been sent and authorised by you. You agree to promptly notify us of any unauthorised use of your account, or of any other breach of security you become aware of involving your account or the Services.

2. Conditions for Participation in a Survey or Other Research Programs

Participation in a survey or other research service is entirely voluntary. When you participate in a survey or other research program, and/or use our Site, you are obligated to comply with these Terms, as well as any other terms and conditions that apply to your participation. If you do not qualify for a survey or other research program, you will not receive any compensation for your participation.

We may at any time refuse to provide the Services to anyone at our own discretion. Online surveys are first come first served and spots cannot be reserved; the survey will close when quotas have been met.

3. Compensation

If you respond to and successfully complete a survey or participate in another research program, you may be offered compensation for your time. Full details of compensation will be included in each survey invitation. For further details please visit our Compensation Provisions:

https://www.medplanet.fr/compensation-provisions

We do not accept any liability or responsibility for tax consequences or duties that may occur as a result compensation paid. Breach of these Terms may result in loss of compensation which you have earned. You are responsible for protecting your password and log in details. We accept no liability where a loss of compensation has occurred due to loss or failure to safeguard your log in information.

4. Opt-Out Policy

Panel members may opt-out from using any or all Services (including, without limitation, from receiving survey invitations, newsletters or communications) at any time by: (a) following the unsubscribe procedures described on the relevant Site or contained in an email received from us; or (b) by contacting our Panel Member Support team at - https://support.medplanet.fr/hc/en-us/requests/new

QUALSTAGE TERMS

Without limiting the foregoing provisions of these Terms, use of our remote qualitative Platform (“QualStage”) is subject to the following additional terms:

1. Licence to use QualStage

Subject to the other provisions of these Terms, you may:

a) view and use our services by means of a web browser

b) download pages from QualStage for caching in a web browser

c) print pages from QualStage

d) download documents from QualStage

e) only use QualStage for your own personal and business purposes; you must not use QualStage for any other purposes

Unless you own or control the relevant rights in the material, you must not:

a) republish material from QualStage (including republication on another website)

b) sell, rent or sub-license material from QualStage

c) show any material from QualStage in public

d) exploit material from QualStage for a commercial purpose

e) redistribute material from QualStage.

We reserve the right to restrict access to areas of QualStage at our discretion; you must not circumvent or bypass, or attempt to circumvent or bypass, any access restriction measures on QualStage.

2. Registration and accounts

a) You must not allow any other person to use your account or links to access QualStage.

b) You must notify us in writing immediately if you become aware of any unauthorised use of your account.

c) You must not use any other person’s account or link to access QualStage.

3. User login details

a) When you are registered as a Moderator for an account with QualStage you will be provided with a user ID and password.

b) You must keep your password confidential.

c) You must notify us in writing immediately if you become aware of any disclosure of your password.

d) You are responsible for any activity on QualStage arising out of any failure to keep your password confidential.

4. Cancellation and suspension of account

We may at any time at our sole discretion:

a) suspend your account

b) cancel your account

c) edit your account details

You may cancel your account on QualStage by contacting Med Planet.

5. Use of recordings

QualStage may provide access to audio or video recordings to Moderators. You must:

a) only use the recording for the sole purpose of market research and moderating of the Market Research interview in question. To make use of the recordings beyond the scope of the market research study would require previous consent from the interviewees

b) not use the recording for your own personal and business purposes, and you must not use recordings for any other purposes

c) not share the recording with any other person or business without the direct written consent from Med Planet.

CONTACT

Med Planet is headquartered in 13 rue Niépce - 69004 Lyon - France. Med Planet has appointed an internal data protection officer for you to contact if you have any questions, requests on your personal data, concerns or complaints please send an email to Privacy@medplanet.biz.

Last updated: September 24, 2024