The panelist charter

Preamble

The conditions set forth in this charter are intended to apply between the company AVENIR FOCUS, a Simplified Joint Stock Company with a capital of €500,000, registered with the Lyon Trade and Companies Register under number 495.402.604, whose head office is located at 4 rue de Montribloud in Tassin-la-Demi-Lune (69160), represented by its current Director at the said headquarters, and the person applying to register in the AVENIR FOCUS panel, hereinafter referred to as the “PANELIST.”

Both parties mutually agree to adhere to these conditions. In the event of non-compliance, the other party may be released from its obligations.

Article 1 – Purpose of the Charter

AVENIR FOCUS specializes in conducting qualitative and quantitative market studies through surveys and questionnaires targeting identified groups of individual consumers or professionals.

To this end, AVENIR FOCUS contacts individuals and professionals who have expressed interest in participating in studies/surveys by registering on the website www.avenirfocus.com.

It is expressly understood that the PANELIST’s participation is voluntary, free, and independent, thereby excluding any subordination relationship between the PANELIST and AVENIR FOCUS.

Article 2 – Registration

2.1. Registration procedure

The registration of a new PANELIST in AVENIR FOCUS’s files is subject to:

A voluntary and fully informed registration,
The provision by the candidate PANELIST of a set of data listed on the registration form accessible from the website www.avenirfocus.com,
The candidate PANELIST’s acceptance of these conditions,
The sending to the PANELIST, via email, of the opening of their account, the assignment of a username and password, constituting full and express acceptance of this charter.

AVENIR FOCUS reserves the right to accept or refuse any new PANELIST without having to justify its reasons.

2.2 Effects of registration

Once their registration is confirmed, the PANELIST gains access to all services offered on the AVENIR FOCUS website, including the opportunity to be contacted for a study and to respond to questionnaires via email or direct telephone contacts to apply for a new study.

Article 3 – Personal Data Provided by the PANELIST

3.1. Protection of Personal Data

What is personal data?

The GDPR (General Data Protection Regulation) broadens the definition of personal data. Personal data encompasses all information that can identify a natural person, directly or indirectly.

Personal data includes:

Name
Address
IP Address
Photo
Audio/video recordings
Email address
Bank details
Online behavior: cookies, social media posts
Mobile phone identifier

Sensitive information (Article 9 GDPR) includes:

Health information
Ethnic origin
Religion
Union membership
Sexual orientation
Political opinions
Biometric data
Genetic data

The PANELIST is informed that AVENIR FOCUS’s databases comply with current regulations, reinforced by Regulation (EU) No. 2016/679 known as the “General Data Protection Regulation” (collectively referred to as the “Applicable Law on Personal Data Protection”).

AVENIR FOCUS has appointed a Data Protection Officer (DPO) with the CNIL. The PANELIST can contact the DPO for any requests or information regarding the processing of their personal data.

3.2. Data Transmission

The personal data provided by the PANELIST informs AVENIR FOCUS about their civil status, marital, family, social, financial, tax situation, consumption habits, etc.

AVENIR FOCUS reserves the right to request any additional information or supporting documents from the PANELIST necessary for the proper execution and processing of the study entrusted to it.

3.3. Modification and Updating of Data

The PANELIST commits to updating their data in their “profile” on the AVENIR FOCUS website whenever there is a change in their personal or professional situation, contact details, to facilitate the selection process carried out by AVENIR FOCUS and to maintain their chances of being solicited for new studies.

To this end, the PANELIST can request AVENIR FOCUS to update their profile to keep the database current.

3.4. PANELIST’s Sincerity Commitment

The PANELIST formally guarantees AVENIR FOCUS that the data they provide is sincere and accurate. AVENIR FOCUS reserves the right to exclude any PANELIST who has provided false or deliberately misleading data at the time of registration, has made multiple registrations, or attempted to abuse AVENIR FOCUS’s professionalism by any means.

3.5. AVENIR FOCUS’s Commitments

3.5.1. Confidentiality

AVENIR FOCUS commits not to disclose to third parties the personal and nominative information in its possession, except with the explicit agreement of the PANELIST, and except for information strictly necessary for the recruitment phase or the proper conduct of the study. AVENIR FOCUS will take the necessary measures with its collaborators and each person authorized to process said data to maintain the secrecy and confidentiality of all personal information, data, and documents provided by the PANELIST.

AVENIR FOCUS commits not to sell, rent, or transmit the PANELIST’s Personal Data to unauthorized third parties, except for legal or judicial obligations requiring it to do so.

3.5.2. Respect for Determined Purposes

AVENIR FOCUS commits not to use personal data for purposes other than those provided within the framework of the agreed services between the parties and not to retain them beyond the duration of the contract or any other duration specified by the client.

The collected data is kept in a form allowing your identification for no longer than necessary for the purposes for which this data is collected and processed. However, this data may also be retained to comply with a legal obligation.

3.5.3. Methods of Retaining Personal Data

In compliance with the principles of data minimization and retention limitation, AVENIR FOCUS determines the retention period of PANELISTs’ personal data according to the following criteria:

For PANELISTs whose profile has been deleted:

In case of participation in a study: Identification data (name, first name, mobile phone number, email) are kept for six years from the date of their participation to allow AVENIR FOCUS to justify the financial compensation paid, in the event of an URSSAF audit or to avoid the creation of duplicate accounts on our panel.
In the absence of participation in a study: Data is deleted immediately and permanently, without retaining any information.

For PANELISTs inactive for more than five years:

In case of prolonged inactivity: An email is sent to the concerned PANELISTs to inform them of the imminent deletion of their profile and all their personal data unless they express their desire to keep their profile active by performing an explicit action (e.g., clicking on a button provided for this purpose in the email).
In the absence of a response or deletion request:
- If they have participated in a study: Identification data is kept for six years for the aforementioned reasons.
- If they have never participated in a study: Data is deleted immediately and permanently, without retaining any information.

3.5.4. Security

AVENIR FOCUS undertakes to ensure the security of the personal data entrusted to it. To this end, appropriate technical and organizational measures are implemented, taking into account the nature of the data and the risks involved in their processing.

These security measures may include practices such as:

Limited access to the data by authorized personnel whose duties require such access
Contractual safeguards when using an external service provider
Privacy impact assessments
Regular reviews of our practices

As well as physical and IT security measures:

Secure access
Authentication and/or two-factor authentication procedures
Regular, securely isolated backups of active data
Antivirus software
Firewalls
HTTPS encryption of data traffic
Regular audits and penetration tests
Business Continuity and Disaster Recovery Plans (BCP/DRP)
Traceability procedures

These measures are intended to:
(i) protect Personal Data against destruction, loss, alteration, or disclosure to unauthorized third parties,
(ii) ensure the restoration of the availability and access to Personal Data in appropriate timeframes in the event of a physical or technical incident.

3.5.5 Subcontractors

Some data is sent to subcontractors for the execution of specific tasks. AVENIR FOCUS ensures that its subcontractors implement adequate safeguards and comply with strict conditions of confidentiality, use, and data protection.

3.5.6 Data Transfers

AVENIR FOCUS undertakes not to transfer any Personal Data processed under the contract to countries outside the European Economic Area that have not been recognized by the European Commission as providing an adequate level of protection,
(i) without first obtaining the PANELIST’s express written consent,
(ii) without conducting an assessment of the destination country to ensure an adequate level of data protection, and
(iii) without implementing legal instruments recognized as appropriate under Applicable Personal Data Protection Law to govern the transfer(s) concerned.

3.5.7 Data Breach

AVENIR FOCUS also commits to promptly alerting the PANELIST in the event of a personal data breach that poses a high risk to their privacy, as per the provisions of the applicable data protection law.

3.6 Rights of PANELISTs Over Their Personal Data

Pursuant to the French Data Protection Act No. 78-17 of January 6, 1978 and to Regulation (EU) 2016/679 known as the General Data Protection Regulation (collectively the “Applicable Personal Data Protection Law”), each PANELIST has the following rights:

Right of access and information: You have the right to be informed in a concise, transparent, intelligible, and easily accessible manner about how your personal data is processed. You also have the right to obtain (i) confirmation of whether or not personal data concerning you is being processed, and if so, (ii) access to such personal data and a copy of it.
Right to rectification: You have the right to obtain the rectification of inaccurate personal data concerning you. You also have the right to complete any incomplete personal data by providing a supplementary statement. If this right is exercised, we commit to informing all recipients of your personal data of any correction made.
Right to erasure: In certain cases, you have the right to obtain the erasure of your personal data. However, this is not an absolute right, and we may retain your personal data for legal or legitimate reasons for a duration compliant with the Regulation.
Right to restriction of processing: In certain cases, you have the right to obtain a restriction on the processing of your personal data.
Right to data portability: You have the right to receive the personal data concerning you that we have collected, in a structured, commonly used, and machine-readable format, for your personal use or to transmit it to a third party of your choice. This right applies only when the processing of your personal data is based on your consent, on the performance of a contract, or when the processing is carried out by automated means.
Right to object to processing: You have the right to object at any time to the processing of your personal data when it is based on our legitimate interest, a task carried out in the public interest, or for commercial prospecting purposes. However, this is not an absolute right, and we may retain your personal data for legal or legitimate reasons for a duration compliant with the Regulation.

To exercise these rights, the PANELIST may contact AVENIR FOCUS at the following address:
privacy@avenirfocus.com or by postal mail at:
AVENIR FOCUS, 4 rue de Montribloud – 69160 TASSIN-LA-DEMI-LUNE.

AVENIR FOCUS may require proof of identity from the PANELIST before processing any request.

If the PANELIST considers that their rights have not been respected, they also have the right to file a complaint with the Commission Nationale de l’Informatique et des Libertés (CNIL) –
3 Place de Fontenoy – TSA 80715 – 75334 PARIS CEDEX 07.

Article 4 – Obligations of AVENIR FOCUS

4.1 Ethical Code

AVENIR FOCUS complies with all the ethical rules and standards governing its profession, as well as those applicable to the use of the internet.

4.2 Access to the website www.avenirfocus.com

AVENIR FOCUS strives to maintain access to its website www.avenirfocus.com.

However, access may be interrupted or suspended for maintenance or in cases of force majeure. In such cases, AVENIR FOCUS cannot be held liable for any indirect, non-material or physical damages of any kind resulting from the interruption of access to the website.

As AVENIR FOCUS does not provide technical support such as a hotline, it is the responsibility of the PANELIST to correctly carry out the operations required to complete, update, or enrich their personal data, and more generally, to access their personal account.

4.3 PANELIST Participation

How does AVENIR FOCUS ensure clear and transparent consent from study participants?

For all European participant panels managed by AVENIR FOCUS or its partners, the new consent requirements have been in effect since May 25, 2018.

Consent requests are intelligible, easily accessible, and clearly state the purpose of data processing.

Consent is clear, separate from other matters, and uses straightforward language.

Whether for the general panel or for specific consent cases, agreement is just as easy to withdraw as it is to give.

AVENIR FOCUS retains full control over the management, organization, and execution of the studies, surveys, or questionnaires entrusted to it by its clients. Consequently, it reserves the sole and unilateral right to select participants. AVENIR FOCUS has no obligation to send or submit studies, surveys, or questionnaires to any PANELIST registered on its site.

To avoid any conflict of interest with its client, AVENIR FOCUS will inform the PANELIST of any contraindications that may arise in a study, survey, or questionnaire and will provide the necessary documents or materials as it sees fit.

4.4 Liability

AVENIR FOCUS will take care to ensure the protection of personal data and access to the website. It is expressly agreed that AVENIR FOCUS is only bound by an obligation of means, particularly with regard to data protection and site accessibility.

Given the specific nature of using the AVENIR FOCUS website, the PANELIST may encounter technical issues inherent to internet use and resulting access interruptions. Consequently, AVENIR FOCUS cannot be held liable for any possible unavailability or slowdown of the website.

AVENIR FOCUS is not in a position to guarantee continuous availability of the website beyond the obligations described (Articles 2 to 4), which the PANELIST acknowledges. AVENIR FOCUS shall in no case be held responsible for any direct or indirect consequences or damages suffered by the PANELIST as a result of:

the introduction of a computer virus affecting site functionality;
modifications made by an unauthorized third party;
illegal or unauthorized intrusion by any third party on the website;
temporary bandwidth overload;
more generally, any event beyond the control of AVENIR FOCUS.

Finally, AVENIR FOCUS cannot be held liable to the PANELIST for any direct or indirect damages, whether material or immaterial, physical or otherwise, arising from their participation or non-participation in any study, survey, or questionnaire.

Article 5 – Commitments of the PANELIST

5.1 Participation in a Study, Survey, or Questionnaire

When a PANELIST agrees to take part in a study, they commit to doing their utmost to be available and participate as scheduled. In case of any impediment, they agree to notify AVENIR FOCUS as soon as they become aware of it, in order to allow AVENIR FOCUS to arrange a replacement under the best possible conditions.

The PANELIST may be contacted by post, email, phone, or any other means, using the contact details they provided when registering. The PANELIST agrees to consider any contraindications or potential conflicts of interest related to the study, survey, or questionnaire brought to their attention by AVENIR FOCUS, and to review any accompanying documents and materials.

When the PANELIST is contacted online, AVENIR FOCUS commits to making every effort to facilitate access to the questionnaire and any related documents. It is expressly agreed that AVENIR FOCUS is bound only by a best-efforts obligation in this regard.

The PANELIST may, at any time and without notice or justification, request not to be contacted anymore.

5.2 Return of Materials

The PANELIST agrees to return to AVENIR FOCUS all documents, data, or information provided to them and not to duplicate or disclose them.

5.3 Honesty and Fairness

The PANELIST commits to answering all questions sincerely, fairly, and independently. AVENIR FOCUS shall not be held responsible for any consequences resulting from discrepancies in the PANELIST’s statements between the recruitment phase and the actual study session.

5.4 Personal Use

Participation in the panel is strictly personal. The PANELIST agrees to make every effort to ensure that no one else can access their email address or participate in studies on their behalf, particularly by not sharing their login credentials or password used to access their personal account on the AVENIR FOCUS website.

5.5 Compliance with Public Order and Morality

The PANELIST agrees to comply with the regulations applicable to the dissemination of information and services online, especially those aimed at protecting public order and morality, so that AVENIR FOCUS can never be held liable.

More generally, the PANELIST expressly guarantees AVENIR FOCUS against any claims or legal actions brought against it in connection with the content of the information, data, or documents provided by the PANELIST.

5.6 Respect for Copyright and Third-Party Rights

The PANELIST agrees to provide data and/or materials (images, texts, videos, audio recordings, etc.) that comply with current legislation and guarantees that they are free of any rights. In particular, they guarantee that the content may be used by AVENIR FOCUS without infringing upon third parties’ proprietary or non-proprietary rights, including personality rights or intellectual and industrial property rights.

The PANELIST declares that they are the sole owner of the content of the data, information, or documents submitted to the AVENIR FOCUS website and therefore the sole holder of all related rights (including personality, intellectual property, or industrial rights).

More generally, the PANELIST expressly guarantees AVENIR FOCUS against any claims or legal actions from users or third parties regarding the content submitted and how it is used by AVENIR FOCUS or others.

5.7 Confidentiality

The PANELIST agrees to maintain the confidentiality of all information, data, and documents they may have access to during the course of any study they are invited to or participate in. In this respect, the PANELIST agrees not to keep, discuss, disclose, reproduce, distribute, or in any way make available to third parties the aforementioned materials, information, or data.

The PANELIST shall take all necessary measures with those around them or any third parties to ensure the secrecy and confidentiality of all such items under their responsibility.

The PANELIST acknowledges the intellectual property rights of AVENIR FOCUS over the information, data, and documents provided or accessed during the study.

Article 6 – PANELIST Compensation

Participation in the panel is entirely voluntary and without financial compensation. As such, AVENIR FOCUS shall not be held liable for providing any form of payment.

However, as a token of appreciation for attending a meeting or interview, the client of AVENIR FOCUS may offer the PANELIST a form of compensation—either directly or via the compensation service managed by AVENIR FOCUS. This compensation shall under no circumstances be considered as a salary. Therefore, it is not subject to social charges or taxation, as it cannot be regarded as income.

This compensation may be provided at the end of the meeting in the form of a bank check, bank transfer, gift voucher, or possibly as a gift. It may also be sent by post following the analysis of the study results. In such cases, AVENIR FOCUS commits to informing the PANELIST of the expected delivery time.

Each client of AVENIR FOCUS independently defines its own compensation policies. Under no circumstances may the PANELIST claim compensation for travel expenses, time spent traveling, or any other reason they may wish to invoke.

No compensation will be issued in the following cases:

The PANELIST arrives late to the meeting. The announced time is the precise start time, so the PANELIST is expected to arrive a few minutes early.
There is a discrepancy between the PANELIST’s answers during the recruitment phase and those provided during the meeting, resulting in the PANELIST being “out of quota” or “off-target.” AVENIR FOCUS shall not be held liable for the consequences of such inconsistencies.
The PANELIST uses multiple identities to increase their chances of participating in multiple meetings.
The meeting is canceled by AVENIR FOCUS’s client.
The PANELIST fails to present required documents (e.g., ID, vehicle registration, recruitment confirmation form, logbook, homework, etc.).

Article 7 – Intellectual Property

AVENIR FOCUS retains all intellectual property rights related to the execution of the assignment, without any limitation of scope or territory, including copyrights, namely the rights to use, reproduce, modify, translate, and adapt the assignment for any existing or future media, regardless of its destination—without prejudice to the rights granted to the PANELIST.

AVENIR FOCUS declares and guarantees that it owns or is duly authorized to use all intellectual property rights for the materials provided to the PANELIST under this agreement, including texts, still or animated images, files, information, software, databases, trademarks, and patents. AVENIR FOCUS states that no third-party claims or reservations exist regarding its rights over these elements. Each party further declares that there are no third-party claims regarding its own respective rights.

Article 8 – Duration

This charter is concluded and accepted by both the PANELIST and AVENIR FOCUS for an indefinite period.

Article 9 – Force Majeure

Force majeure or unforeseeable events are those outside the control of the parties, which they could not reasonably foresee or avoid, and whose occurrence renders the fulfillment of obligations impossible.

Force majeure or unforeseeable events relieving AVENIR FOCUS of its obligation to deliver the service on time include: strikes by all or part of AVENIR FOCUS staff, fire, flooding, war, epidemics, thaw barriers, road blockades, strikes, supply interruptions (e.g., electricity, gas), or any supply failure not attributable to AVENIR FOCUS, as well as any other cause beyond its control.

In such cases, AVENIR FOCUS will notify the PANELIST by any means (email, phone, etc.) as soon as it becomes aware of the event. The relationship between AVENIR FOCUS and the PANELIST will then be automatically suspended without compensation, effective from the date the event occurred.

Article 10 – Entire Agreement

This agreement between AVENIR FOCUS and the PANELIST constitutes the full and complete understanding between the parties.

Article 11 – Removal from the Panel

Either party may request the removal of the PANELIST’s profile from the AVENIR FOCUS panel at any time.

If the removal results from a breach by the PANELIST of their obligations under this charter, any pending payments by check or bank transfer or any unshipped gifts will be canceled immediately, without any compensation from AVENIR FOCUS and without prejudice to any legal action to recover damages.

Article 12 – Waiver

If AVENIR FOCUS fails to enforce any provision of this charter at any given time, such failure shall not be construed as a waiver of its right to enforce the same provision at a later time.

Article 13 – Jurisdiction

This charter is governed by French law. Any disputes concerning the validity, interpretation, or performance of this charter shall fall under the jurisdiction provided for in the French Code of Civil Procedure.

Article 14 – Domicile Election

For the execution of this charter, AVENIR FOCUS elects domicile at its registered office, and the PANELIST at the address provided during registration.

Get in touch with our team

SAS AVENIR FOCUS
Head Office: 4 rue de Montribloud
69160 Tassin-la-Demi-Lune, France
+33 (0)4 78 28 45 18
panelistes@avenirfocus.com

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