Pseudonymous RLD product specific terms

Last updated 29 October 2024.

BY ENTERING INTO AN ORDER OR OTHER AGREEMENT WHICH INCORPORATES OR REFERENCES THIS AGREEMENT, BY CLICKING TO ACCEPT THIS AGREEMENT OR ACCESSING OR USING ANY GWI SERVICES, YOU ARE ACCEPTING ALL OF THE TERMS AND CONDITIONS OF THIS AGREEMENT. THIS AGREEMENT IS LEGALLY BINDING. IF YOU DO NOT AGREE TO THIS AGREEMENT, YOU MUST NOT USE ANY SERVICES.

1. SCOPE AND INTERPRETATION

   1. These Pseudonymous RLD Product Specific Terms (“Pseudonymous RLD T&Cs”) supplement the Main T&Cs under which GWI provides its Pseudonymous RLD Services. Defined terms shall have the meaning set out below, in these Pseudonymous RLD Product Specific Terms. Any terms used but not defined below shall have the meaning as set out in the Main T&Cs.

      CCPA: means the California Consumer Privacy Act of 2018 as amended by the California Privacy Rights Act and all applicable regulations, in each case as may be amended, superseded or replaced from time to time;

      EEA Personal Data: means personal data to which Data Protection Legislation of the European Union, or of a Member State of the European Union or EEA, were applicable prior to its processing by you;

      Initial Subscription Period: means the initial subscription period set out in your Order;

      Lookalike Model: means a scaled up lookalike model of consumers based on lookalike characteristics of the Pseudonymous RLD respondents with such respondents removed from such model;

      Match Table: means a table matching the GWI cryptographically hashed respondent ID to the Panel Provider cryptographically hashed respondent ID, for the datasets (as set out in your Order);

      Panel Provider: means a distinct and separate third party panel provider (i) who has a direct relationship with GWI to support distribution of our surveys to respondents; and (ii) to the extent you are purchasing Pseudonymous RLD an additional separate direct relationship with you which does not form part of this Agreement; 

      Protected Area means: i) in the case of EEA Personal Data, the Members States of the European Union and the EEA and any country, territory, sector or international organisation in respect of which an adequacy decision under Art.45 GDPR is in force; and ii) in the case of UK Personal Data, the United Kingdom and any country, territory, sector or international organisation in respect of which an adequacy decision under UK adequacy regulations is in force; iii) in the case of Swiss Personal Data, any country, territory, sector or international organisation which is recognised as adequate under the laws of Switzerland;

      Pseudonymous RLD: means: the raw respondent level data collected from respondents or participants in research studies, surveys, or similar data collection activity with a data subject unique identifier and associated Weighting Data;

      Pseudonymous RLD Services: means access and use of (i) the Wave(s) of Pseudonymous RLD; (ii) provision of the Match Table to the Panel Provider; (iii) Trial Services; and/or (iv) such other services as GWI may deem appropriate to grant from time to time, in whole or part as set out in your Order;

      Standard Contractual Clauses means: i) in respect of EEA Personal Data, the standard contractual clauses for the transfer of personal data to third countries pursuant to the GDPR, adopted by the European Commission under Commission Implementing Decision (EU) 2021/914, including the text from module one of such clauses and not including any clauses marked as optional (“EU Standard Contractual Clauses”); ii) in respect of Swiss Personal Data,  the EU Standard Contractual Clauses, provided that any references in the clauses to the GDPR shall refer to the FADP; the term ‘member state’ must not be interpreted in such a way as to exclude data subjects in Switzerland from the possibility of suing for their rights in their place of habitual residence in accordance with clause 18(c) of the clauses, the supervisory authority is the Swiss Federal Data Protection and Information Commissioner; iii) in respect of UK Personal Data the International Data Transfer Addendum to the EU Standard Contractual Clauses, issued by the Information Commissioner and laid before Parliament in accordance with s.119A of the Data Protection Act 2018 on 2 February 2022 and in force since 21 March 2022 but, as permitted by clause 17 of such addendum, the parties agree to change the format of the information set out in Part 1 of the addendum so that: a)  the details of the parties in table 1 shall be as set out in Annex 1 of your Order (with no requirement for signature); b) for the purposes of table 2, the addendum shall be appended to the EU Standard Contractual Clauses (including the selection of modules and disapplication of optional clauses as noted above); and c) the appendix information listed in table 3 is set out in Annex 1 of your Order;

      Swiss Personal Data: means personal data to which the FADP was applicable prior to its processing by you;

      UK Personal Data: means personal data to which Data Protection Laws of the United Kingdom were applicable prior to its processing by you;

      Wave: means the dataset(s) as set out in the “scope” section of your Order; and

      Weighting Data: means data provided on a per respondent level to illustrate the universe portion (as set by GWI) each respondent represents for the applicable dataset (as set out in your Order).    

2. TERM

   1. Except where you are accessing Trial Services or otherwise set out in your Order, the Subscription Period for Pseudonymous RLD Services shall commence on the date set out in your Order and will continue for the Initial Subscription Period, and, thereafter, shall automatically renew for subsequent periods of equal duration (each a “Renewal Period”), unless either party gives the other written notice of termination at least thirty (30) days prior to expiration of the applicable Initial Subscription Period or Renewal Period.

3. PANEL PROVIDER

   1. You acknowledge that the Panel Provider is completely independent of GWI, and that the Panel Provider has no authority to enter into any contract, grant any right or provide any promise, guarantee or commitment on our behalf. Because you are using our Pseudonymous RLD Services you will still need to agree to a direct agreement with the Panel Provider, however, any terms and conditions governing transactions and/or arrangements solely between you and the Panel Provider shall not form part of this Agreement. You are responsible for compliance of your relationship and activities directly with the Panel Provider including but not limited to provision of any additional match table provided by the Panel Provider. Your payment obligations to the Panel Provider are outside the scope of this Agreement and shall be paid subject to your separate agreement with the Panel Provider. This clause 3 shall survive termination of the Agreement.

4. SECURITY
    

   1. You shall ensure that all reasonable security measures, not less than industry standard or those you take for your own data, are applied to the Pseudonymous RLD.

5. PERSONAL DATA
   
   
   1. In this clause 5, the following terms shall have the meanings given to them in the Data Protection Legislation: controller, data subject, personal data and process and processed shall be construed accordingly.
      
      
   2. GWI will provide the Pseudonymous RLD Services in two parts: (1) GWI will provide you with Pseudonymous RLD; and (2) GWI will provide the relevant Panel Provider with the Match Table. Each party acknowledges and accepts that it is each an independent controller in its own right and each party shall comply in all respects with the Data Protection Legislation applicable to its processing activities subject to these Pseudonymous RLD T&Cs. Your use (including any matching or mixing of the data) is in compliance with Data Protection Legislation and any applicable internet advertising industry guidelines (including but not limited to, the Network Advertising Initiative Code of Conduct or the Self-Regulatory Principles for Online Behavioral Advertising of the Digital Advertising Alliance).  
      
      
   3. Where you process EEA Personal Data, UK Personal Data and/or Swiss Personal Data outside of the Protected Area, GWI agrees to authorise the transfers set out at Annex 1 to your Order. You will not process Pseudonymous RLD outside of the Protected Area without GWI’s prior written consent. The parties agree to comply with the obligations set out in the Standard Contractual Clauses as though they were set out in full in these Pseudonymous RLD T&Cs, with GWI as the ‘data exporter’ and you as the ‘data importer’, with the parties signature and dating of your Order being deemed to be the signature and dating of the Standard Contractual Clauses and with the Annexes and/ or Appendices to the  Standard Contractual Clauses being as set out in Annex 1 to your Order.
      
      
   4. For the purposes of the EU Standard Contractual Clauses, the following shall apply:
           5.4.1 Clause 17 (Governing law): the clauses shall be governed by the laws of Ireland;
           5.4.2 Clause 18 (Choice of forum and jurisdiction) the courts of the Member State identified for the purposes of clause 17.
      
      
   5. In the event that the European Commission decision authorising the data transfer mechanism referred to above is held to be invalid, or that any supervisory authority requires transfers of personal data made pursuant to such decision to be suspended, or a data transfer mechanism referred to above is otherwise invalidated, updated or replaced, then GWI may, at its discretion, require you to cease processing personal data to which the data transfer mechanism applied, or co-operate with it to facilitate use of an alternative, updated or replacement transfer mechanism. 
6. CALIFORNIA CCPA
   
   
   1. To the extent CCPA applies this clause 6.1 shall apply. In this clause 6.1, the following terms shall have the meaning given to them in the CCPA and shall be construed accordingly: business, consumer, personal information, process and third party. With respect to Pseudonymous RLD and Match Table delivery and to the extent CCPA applies to such delivery, GWI will act as a “Business” as defined under the CCPA and you and the Panel Provider shall each act as a third party. Unless otherwise permitted under CCPA, GWI discloses personal information to you only as directed by the consumer. As a third party, you:
           
      6.1.1 shall use personal information subject to CCPA to build a Lookalike Model or advertise goods and services that may interest the consumer where there is a pre-existing relationship between you and the consumer only. Personal information is made available only for these limited and specified purposes;
           
      6.1.2 shall comply with all applicable sections of the CCPA including but not limited to ensuring the same level of privacy protection as required for a business under the CCPA and complying with any consumer requests forwarded by the business to the extent required by the CCPA;
      
      6.1.3 shall implement reasonable security procedure and practices;
      
      6.1.4 shall grant GWI the right to take reasonable and appropriate steps to ensure personal information is used consistent with GWI’s obligations under the CCPA;
      
      6.1.5 shall grant GWI the right, upon notice, to take reasonable and appropriate steps to stop and remediate unauthorised use of personal information; and
      
      6.1.6 shall notify GWI immediately (and in any event within 24 hours) after a determination is made that the third party can no longer meet the obligations of the CCPA. The third party agrees to cease any unauthorised processing and take any remedial action required to ensure compliance with the CCPA.