EnableMe Insights Terms and Conditions

1. Scope 

These Terms and Conditions, as well as the provisions declared binding by these Terms and Conditions and set out outside of the Terms and Conditions, in particular the Privacy Policy, govern the contractual relationship between the operator and the users of "EnableMe Insights".

The operator reserves the right to make changes to these Terms and Conditions at any time and without giving reasons and to publish the current version on «EnableMe Insights».

2. EnableMe Insights

2.1. Purpose

EnableMe Insights is a feedback community aimed at shaping an inclusive and accessible future. Experts who themselves live with disabilities or chronic illnesses have the opportunity to contribute to the feedback community based on their own experiences and knowledge. Their voices flow directly into inclusion research and practice-based studies to make products and services more accessible. Their opinions and experiences are invaluable to both science and practice and contribute significantly to making society truly accessible.

2.2. Registration process 

Participants can register on the platform. They will be asked to provide certain personal data. This data will be processed in accordance with the applicable data protection regulations under the General Data Protection Regulation ("GDPR") or the Swiss Data Protection Act and treated with strict confidentiality.

2.3. Invitation to research projects 

After registration, the operator checks whether the participant's profile matches a research project or survey. If a match is found, participants receive an email invitation with detailed information about the respective study. Based on this information, they can decide for themselves whether they want to participate in the project or survey.

2.4. Consent and study participation 

Upon interest in a research project and after agreeing to the specific terms and conditions of the respective project, participants enter into a contract with the offering company or research center. They agree to the specific project terms and conditions of that company. Furthermore, participants separately agree with us to follow these Terms and Conditions, particularly with regard to the use of our service within the project. Should there be a conflict between the company's project terms and conditions and the operator's Terms and Conditions, the company's terms and conditions shall prevail. There is no guarantee that participants will be qualified or accepted for any specific or minimum number of projects.

2.4. Remuneration 

Participants will receive a predetermined compensation for successful participation in a study or survey. However, we assume no responsibility for the amount of compensation or for whether a specific compensation is granted at all. The type of compensation is the responsibility of the respective contractual partner and may vary in amount and/or type from case to case.

Compensation—if paid—will be administered by the operator and paid at the end of the study and/or research project. From the operator's perspective, it does not constitute wages. Compensation can be paid in various forms (e.g., payment, vouchers).

2.5. Legal and tax implications

By agreeing to participate in a study or research project, no employment relationship is created between the operator and the client.

By accepting these General Terms and Conditions, participants agree to correctly report and process any compensation they receive from the operator as a result of participating in a study and/or research project to the relevant authorities. This applies both to the settlement of disability insurance contributions/pension insurance (Switzerland, Germany, Austria) and to the respective tax authorities of the respective country.

The operator disclaims any liability should any changes in assets occur within the scope of the compensation that impact individual disability insurance contributions or tax amounts. This is the sole responsibility of the participants. This regulation applies to the entire DACH region.

• Further information for Switzerland can be found here .
• Further information for Germany can be found here.

• Further information for Austria can be found here.

2.6. Independent use

On "EnableMe Insights," users can register once in the database to receive invitations to surveys and studies. After registration, participating experts receive detailed overview information about each survey or study. This overview contains information about the partner, the required data, and other relevant details that help participating experts make an informed decision.

The decision to participate or not to participate in a particular survey or study is the autonomous and self-responsible decision of each participant. Consent to participate and subsequent compliance with the survey or study requirements are solely the responsibility of the participating experts.

2.7. Support

The operator is responsible for ensuring a suitable and timely match between the participating experts and the client's studies. It also supports the process, including administering the compensation to the participants. Users can contact the operator by email at umfragen@enableme.org if they have any questions about the platform's functionality or the process.

Any questions or conflicts arising from specific surveys or studies should preferably be resolved directly between the participating experts and the clients. However, the operator is available to answer any questions you may have.

2.8. Legal status of the operator

With “EnableMe Insights,” the operator provides a platform that enables users and clients to contact each other regarding studies and surveys and to conclude corresponding agreements.

However, the Operator is in no way responsible for the risks associated with the initiation, conclusion, and implementation of such agreements or contracts and is not liable for any resulting damages. In particular, the Operator assumes no liability for the fulfillment of their respective obligations under the agreements or for their good faith.

2.9 Anti-discrimination

The operator attaches great importance to inclusion, professionalism, appreciation, and respect. Our platform "EnableMe Insights" is designed to support research and development in the field of inclusion and to give people with disabilities and chronic illnesses a voice.

We welcome all people of all backgrounds and with all individual needs to the platform. The operator provides a safe environment for all users.

Gender, age, sexual orientation or gender identity, social or ethnic origin, language, religion, disability, illness and political beliefs are not relevant.

We collect certain personal data to ensure that participants are best suited to the needs and objectives of specific studies. This is done to ensure the quality and relevance of the research findings.

Selection for a particular study is based on the study's requirements and not on discriminatory criteria. Failure to select for a particular study does not constitute discrimination, but is the result of a specific market research requirement.

While we strive to offer participation opportunities to as many of our registered experts as possible, we cannot guarantee that every registered participant will be selected for a specific number of studies.

3. Client

3.1. Studies and surveys 

Clients interested in feedback or scientific data in the field of inclusion and accessibility can either:

A) come to the EnableMe Foundation with an already created study or survey for which they are looking for participants, or

B) express a desire for insights on a specific topic, after which the EnableMe Foundation can create and administer the study or survey for them.

3.2. Publication and promotion of studies 

We offer clients the opportunity to publish and promote their studies and survey opportunities through our service. The goal is to recruit the necessary participants for the desired insights.

3.3 Data protection and participant data 

The privacy policy of the EnableMe Foundation dated November 24, 2023, which can be accessed via the following link: https://www.enableme.ch/de/datenschutz , as well as the privacy policy of EnableMe Insights dated July 29, 2024, apply .

We guarantee the protection of our participants' personal data. We do not share any personal data with our clients. We simply invite suitable participants to participate in the client's study or survey, for example, via a provided link. The client's respective privacy policy applies to the personal data you transmit to the client.

Data related to the respective study and/or survey, which the operator has collected via the EnableMe Insights platform and its associated tools (e.g. TypeForm), will be deleted 3 months after project completion.

3.4. Synergistic partnerships 

In addition to conducting studies and surveys, we are open to further synergistic partnerships with companies with regard to our larger community service.

4. Requirements for studies and surveys

The client is solely responsible for the content of its studies and surveys. It ensures the accuracy and timeliness of the information contained therein. The operator is not obligated to review the published studies in any way for their legality or other admissibility.

To publish a study or survey on EnableMe Insights, the client must provide the following information:

1. Context and objectives of the study and the intended findings.

2. The desired profile of the participants with an appropriate level of detail.

3. The data required from the participating individuals. 

4. A profile of the client that is communicated to the participants. 

5. The remuneration for the participants. 

The studies and surveys on "EnableMe Insights" must aim to gain valuable and genuine insights into the field of inclusion and accessibility. They must not infringe on the intellectual property rights of third parties, personal rights, or other rights of third parties. In particular, they must not be offensive, obscene, defamatory, harassing, libelous, slanderous, derogatory, defamatory, damaging to reputation, or similar. The client undertakes not to publish any illegal content, especially content of a racist, pornographic, or defamatory nature.

The following content is particularly prohibited:

• Studies or surveys with immoral or offensive content;

• Studies with erotic content;

• Studies targeting multi-level marketing, pyramid schemes or similar concepts;

• Studies or surveys with insufficient identity or contact information.

The operator reserves the right to remove studies and surveys that do not fully comply with these requirements from its offerings without prior warning or justification. In this case, any payments already made will not be refunded.

5. Remuneration and volunteer work

It is crucial that participants who participate in a study or survey on EnableMe Insights are appropriately compensated for their contributions and experiences. The type of compensation is at the discretion of the client.

Studies and surveys that offer compensation should ensure that the compensation offered is reasonable and fair. It is not permissible to use the platform to offer unreasonably low compensation.

It is also possible to offer studies and surveys without compensation, as long as they are clearly labeled as such and understood as voluntary participation. It is the responsibility of the client to clearly label such studies and surveys so that participants can make their decision on an informed basis.

Participation in a study or survey does not create an employment relationship between the participant and the client, nor does the client ensure that no employment relationship is created. The operator fully disclaims any liability in this regard.

6. Participating experts

6.1. User fees for participants 

Registration and participation in "EnableMe Insights" is free for experts. They receive a fee determined by the client for each completed study or survey. Surveys without compensation are marked accordingly.

6.2. Correct information 

The information provided by experts must be complete and accurate at all times. This applies both to the initial registration in the "EnableMe Insights" database and to responses to studies and surveys. False statements are not permitted, especially regarding skills, knowledge, or needs. Using a false name or representing yourself as another person is prohibited and will result in exclusion from the current study/survey and subsequent studies or surveys.

6.3. Obligation to participate in the study 

If participants express their interest in a specific study or survey by clicking on the link in the invitation email, they are obligated to complete that study or survey. If they are unable to complete the survey within the specified timeframe, they must notify us as soon as possible. If the service is not completed (e.g., completing a survey or participating in a focus group), no compensation can be paid.

6.4 Number of studies 

The EnableMe Foundation does not guarantee that a specific volume or minimum number of studies or surveys will be available to participants. This depends on the requirements profiles of the client's existing studies.

6.5 Confidentiality and Remuneration 

Participants' information and data will be treated confidentially. Upon successful completion of a study or survey, participants will receive a predetermined compensation. This exception applies to studies or surveys that have been declared voluntary and without compensation.

Participants are solely responsible for the correct accounting and declaration of compensation (payments, vouchers) received as part of their successful participation in a study or survey. This includes the accounting with the relevant disability insurance office/pension office and/or tax authority.

7. Payment terms for the client

For the conduct of a study or survey, a contract is concluded between the operator and the client. The client's payment obligation begins upon conclusion of the contract. The EnableMe Foundation will send the client an invoice, which must be paid within 10 days of receipt. Failure to pay within this period will automatically result in default (without notice), and default interest of 5% per annum will be charged.

8. Transfer of rights and obligations to third parties 

The EnableMe Foundation reserves the right to transfer any or all of its rights and obligations under these Terms and Conditions to third parties or to have them exercised by third parties.

9. Intellectual property rights 

The EnableMe Foundation retains all intellectual property rights to which it is entitled, in particular all design, copyright, personality, name and trademark rights.

10. Technical details 

The details of how the EnableMe Insights platform works are subject to ongoing development. The EnableMe Foundation reserves the right to make technical changes at any time.

10.1. Technical interventions 

The use of software or scripts that could interfere with the proper operation of "EnableMe Insights" is prohibited. Retrieving data from the platform through software, scripts, or other mechanisms is prohibited.

11. Exclusion of warranty

The EnableMe Foundation makes no guarantee that the published studies or surveys will achieve the desired results of the client.

The EnableMe Foundation ensures that data is protected. However, the possibility of data loss cannot be ruled out.

12. Liability 

The Operator shall not be liable to the other party for indirect damages, including lost profits or revenue, unrealized savings, additional expenses, or third-party claims. Furthermore, the Operator fully excludes liability to the extent permitted by law, in particular for slight negligence.

Furthermore, the EnableMe Foundation is not liable for the temporary unavailability of "EnableMe Insights" or for technical problems that result in contracts or communications via the platform not being accepted or processed, being accepted late or incorrectly, or for the content on the website published by third parties (in particular surveys or studies).

13. Term of the contract and termination

For clients : By signing a contract for a specific service, a contractual relationship with the operator is established.

For participants : A contractual relationship is established as soon as they register for the "EnableMe Insights" database and agree to the terms and conditions. For a specific survey or study, a further contractual relationship is established, in this case between the participant and the client, as soon as they express their interest in participating and accept the invitation sent by email.

Participants can unsubscribe from the EnableMe Insights service at any time. After unsubscribe, their data will be deleted from our database within a reasonable period of time (30 days), unless it is necessary to process the contractual relationship or to assert or enforce claims, or unless there is a legal obligation to retain it. After unsubscribe, they will no longer be contacted about future study opportunities. If a participant cannot participate after expressing interest and acceptance for a specific study, they must notify us as soon as possible. In such a case, no compensation will be paid.

Clients are bound by the contract they have concluded with the operator and cannot terminate it prematurely. The contract only ends after full payment of the invoice amount. Payments already made are non-refundable.

After the end of the contract, the operator is not obliged to retain the data and documents provided to it, unless such retention has been expressly agreed or there is a statutory retention obligation.

14. Changes to the Terms and Conditions

If changes to the Terms and Conditions are anticipated, the Operator will notify both the Client and the Participants in writing at least six weeks before the new Terms and Conditions take effect. Both parties have the opportunity to object to the changes in writing at least two weeks before the new Terms and Conditions take effect.

If no objection is received or no objection is received within the deadline and/or in writing, the amended Terms and Conditions shall be deemed approved and shall enter into force on the scheduled date.

If an objection is made, the previous contractual relationship will be continued in accordance with the original terms and conditions.

15. Severability Clause

Should individual provisions of these Terms and Conditions be invalid and/or ineffective in whole or in part, the validity and/or effectiveness of the remaining provisions or parts of such provisions shall remain unaffected. The invalid and/or ineffective provisions shall be replaced by provisions that most closely reflect the meaning and purpose of the invalid and/or ineffective provisions in a legally effective and economic manner. The same applies to any gaps in the regulations.

16. Applicable law and place of jurisdiction

All disputes between the operator and the users in connection with these General Terms and Conditions are subject to Swiss law.

Place of jurisdiction is St.Gallen, Switzerland.

 

St. Gallen, July 29, 2024