Consumer Privacy Policy (UK)

Terms of Use and Privacy Policy – UK only

For our Terms of Use please read the following Section A. For our Privacy Policy please scroll down to Section B.

Consumer Privacy Policy and Terms of Use V2.5 Jan 2024

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A. Terms of Use

1. Scope of Application of these Terms of Use

1.1 These Terms of Use apply when you use the Software Application (hereinafter: the “App”) of Vypr Validation Technologies Limited (company number 08589377), located at Suite 01-120, 29 John Dalton Street, MANCHESTER, M2 6FW, UK (hereinafter “Vypr”, “we”, “our” or “us”).

1.2 By using our App, you confirm that you accept the terms of these Terms of Use and that you agree to comply with them. If you do not agree to this, you must not use our App to participate and answer Steers (the term we use in the UK for the questions we ask). 1.3 Please note that you must have an account with PayPal to be able to redeem any cash earned from using our App to answer Steers. The terms and conditions of Paypal apply to your business relationship with Paypal. Vypr is not a party to your contract with Paypal. 1.4 The ways in which you can use the App may also be controlled by the App Store rules and policies, and Google Play™ store rules and policies. In the event of any discrepancy with our terms of use the App Store rules and policies or Google Play™ store rules shall prevail. Vypr is not a party to your contract with Apple or Google.

2. Requirements for the use of the App

2.1 Our App requires an iPhone or Android smartphone device. Always ensure you have the minimum required operating system for iOS or Android before attempting to install this App on your Apple or Google device. You can use any device to access our Website. 2.2 You must be 18 or over to use the App to answer Steers. 2.3 You agree that you will not answer Steers as a consumer if you are an employee or contractor of a Vypr customer, or anyone working on their behalf.

2.4 If you download or stream the App onto any device not owned by you, you must have the owner’s permission to do so. You will be responsible for complying with these terms, whether or not you own the device.

3, Services provided via the App

3.1 The use of our App is free of charge.

3.2 In our App, you have the option of answering Steers. In return for answering questions via our App, you’ll earn Vypr points. Once you reach 10,000 points, you can redeem these for cash payouts sent directly to your PayPal account. You can answer as few or as many questions as you like.

3.3 We may from time to time provide interactive services on our App or Website, e.g. Chat rooms and Bulletin boards. These interactive services are also free of charge.

4. Warranties and Support

4.1 The App, where we provide the Services, does not offer advice on which you should rely. You must obtain professional or specialist advice before taking, or refraining from, any action based on information obtained from the App or the Service. Although we make reasonable efforts to update the information provided by the App and the Service, we make no representations, warranties or guarantees, whether express or implied, that such information is accurate, complete or up to date.

4.2 The App and the Services have not been developed to meet your individual requirements. Please check that the facilities and functions of the App (as described in the Appstore site or Google Play site and in the Documentation) meet your requirements.

4.3 We recommend that you back up any content and data used in connection with the App, to protect yourself in case of problems with the App or the Service.

4.4 We do not guarantee that our App, or any content on it, will always be available or be uninterrupted. We may suspend or withdraw or restrict the availability of all or any part of our App for business and operational reasons, which will not affect your statutory rights. 4.5 If our provision of the Services or support for the App or the Service is delayed by an event outside our control, we will take steps to minimise the effect of the delay. Provided we do this we will not be liable for delays caused by the event but if there is a risk of substantial delay you may contact us to end your contract with us.

4.6 From time to time, we may automatically update the App, or change the Service to improve performance, enhance functionality, reflect changes to the operating system or address security issues. Alternatively, we may ask you to update the App for these reasons. If you choose not to install such updates or if you opt out of automatic updates, you may not be able to continue using the App and the Services.

4.7 If you want to learn more about the App or the Service or have any problems using them, please look at our support resources. If you think the App or the Service are faulty or misdescribed or wish to contact us for any other reason please email our customer service team at compliance@vyprco.com 4.8 Where the App contains links to other sites, we provide access to these links only as a convenience to you, and do not review, approve, monitor, endorse, warrant, or make any representations with respect to those links. You use all such links at your own risk and should apply a suitable level of caution and discretion in doing so. You should make whatever investigation you feel necessary or appropriate before proceeding with any transaction in connection with such links. We are not responsible for the privacy practices or the content of such websites.

5. License Terms, License Restrictions

5.1 All intellectual property rights in the App, Documentation and the Service throughout the world belong to us (or our licensors) and the rights in the App and the Service are licensed (not sold) to you. You have no intellectual property rights in, or to, the App, the Documentation, or the Service other than the right to use them in accordance with these terms.

5.2 We are giving you personally the right to use the App and the Service as set out above. You may not otherwise transfer the App or the Service to someone else, whether for money, for anything else or for free. If you sell any device on which the App is installed, you must remove the App from it.

5.3 In return for your agreeing to comply with these Terms you may:

  • download a copy of the App onto an iPhone or Android smartphone device with the minimum required operating system, and view, use and display the App and the Service on such devices for your personal purposes only;
  • use any Documentation to support your permitted use of the App, Website and the Service; • provided you comply with the licence restrictions, receive, and use any free supplementary software code or update of the App incorporating “patches” and corrections of errors as we may provide to you. 5.4 You agree that you will: • only hold one user account on the App and shall not replicate that account or hold a duplicate account on the App; • only hold your user account for the App on one device;
  • not use this App as a consumer for commercial gain;
  • keep confidential the information that we share with you within the App, Website or Services;
  • not rent, lease, sub-license, loan, provide, or otherwise make available, the App or the Service in any form, in whole or in part to any person without prior written consent from us;
  • not copy the App, Documentation or Services, except as part of the normal use of the App or where it is necessary for the purpose of back-up or operational security;
  • not translate, merge, adapt, vary, alter, or modify, the whole or any part of the App, Documentation or Service nor permit the App or the Service or any part of them to be combined with, or become incorporated in, any other programs, except as necessary to use the App and the Service on devices as permitted in these Terms;
  • not disassemble, de-compile, reverse engineer or create derivative works based on any part of the App, or the Service nor attempt to do any such things, unless you are entitled to do so by law.
  • comply with all applicable technology control or export laws and regulations that apply to the technology used or supported by the App or any Service.

6. Your Contributions, Content Standard

6.1 The following content standards apply to all material which you contribute to our App (Contribution).

6.2 The content standards must be complied with in spirit as well as to the letter. The standards apply to each part of any Contribution as well as to its whole.

6.3 We will determine, in our discretion, whether a Contribution breaches the Content Standards.

6.4 A Contribution must:

  • Be accurate (where it states facts);
  • Be genuinely held (where it states opinions);
  • Be given by an individual user without the use of any automated means.
  • Be in the local language of the App.
  • Be legible.
  • Be relevant/in the context of the question asked.
  • Comply with the law applicable in England and Wales.

6.5 A Contribution must not:

  • Be defamatory of any person.
  • Be obscene, offensive, hateful, or inflammatory.
  • Promote sexually explicit material. • Contain any sexual or pornographic material.
  • Promote violence.
  • Cause upset or distress.
  • Promote discrimination based on race, sex, religion, nationality, disability, sexual orientation, or age.
  • Infringe any copyright, database right or trademark of any other person. • Be likely to deceive any person.
  • Breach any legal duty owed to a third party, such as a contractual duty or a duty of confidence.
  • Promote any illegal activity.
  • Be in contempt of court.
  • Be threatening, abuse or invade another’s privacy, or cause annoyance, inconvenience, or needless anxiety.
  • Be likely to harass, upset, embarrass, alarm, or annoy any other person.
  • Impersonate any person or misrepresent your identity or affiliation with any person.
  • Give the impression that the Contribution emanates from us if this is not the case.
  • Advocate, promote, incite any party to commit, or assist any unlawful or criminal act such as (by way of example only) copyright infringement or computer misuse.
  • Contain a statement which you know or believe, or have reasonable grounds for believing, that members of the public to whom the statement is, or is to be, published are likely to understand as a direct or indirect encouragement or other inducement to the commission, preparation, or instigation of acts of terrorism. • Contain any advertising or promote any services or web links to other apps.

6.6 Whenever you make use of a feature that allows you to upload content to our App you must comply with the Content Standards set out above.

6.7 You warrant that any such contribution does comply with those standards, and you will be liable to us and indemnify us for any breach of that warranty. This means you will be responsible for any loss or damage we suffer as a result of your breach of warranty.

6.8 Any content you upload to our App will be considered non-confidential and non- proprietary.

6.9 When you upload content to the App you will automatically transfer to us all your ownership rights in your content, including but not limited to use, market, store and copy that content and to distribute and make it available to third parties, namely our customers or suppliers who we use to assist us. If under law, your rights are not transferable, you grant us an exclusive, transferable license to use the content you uploaded for the purposes set out above.

6.10 You are solely responsible for securing and backing up your content.

7. Prohibited Uses

7.1 You may use our App for lawful purposes.

7.2 You may not use our App:

  • To obtain knowledge or insight into a competitor’s product development or otherwise use the App for competitive commercial purposes. This includes taking screenshots of Steer questions on the App.
  • In any way that breaches any applicable local, national, or international law or regulation.
  • In any way that is unlawful or fraudulent or has any unlawful or fraudulent purpose or effect.
  • To send, knowingly receive, upload, download, use or re-use any material which does not comply with our content standards (which are documented in the section below).
  • To transmit, or procure the sending of, any unsolicited or unauthorised advertising or promotional material or any other form of similar solicitation (spam).
  • To transmit any data, send or upload any material that contains viruses, Trojan horses, worms, time-bombs, keystroke loggers, spyware, adware or any other harmful programs or similar computer code designed to adversely affect the operation of any computer software or hardware.
  • To infringe our intellectual property rights or those of any third party in relation to your use of the App or any Service, including by the submission of any material (to the extent that such use is not licensed by these terms). • To transmit any material that is defamatory, offensive in relation to your use of the App or any Service. • In a way that could damage, disable, overburden, impair or compromise our systems or security or interfere with other users, including but not limited to automated processing such as through the bots; and
  • To collect or harvest any information or data from any Service or our systems or attempt to decipher any transmissions to or from the servers running any Service.

7.3 If you choose, or you are provided with, a user identification code, password, or any other piece of information as part of our security procedures, you must treat such information as confidential. You must not disclose it to any third party. We have the right to disable any user identification code or password, whether chosen by you or allocated by us, at any time, if you have failed to comply with any of the provisions of these terms of use. If you know or suspect that anyone other than you knows your user identification code or password, you must promptly notify us at compliance@vyprco.com

7.4 You also agree, not to access without authority, interfere with, damage, or disrupt:

  • any part of our App;
  • any equipment or network on which our App is stored;
  • any software used in the provision of our App; or
  • any equipment, network, or software owned or used by any third party.

8. Breach of Terms of Use

8.1 If a breach of these Terms of Use has occurred, we may take such action as we deem appropriate, given that such action is neither disproportionate nor arbitrary.

8.2 Failure to comply with these Terms constitutes a material breach of the end user license agreement upon which you are permitted to use our App, and may result in our taking all or any of the following actions:

  • Immediate, temporary, or permanent withdrawal of your right to use our App.
  • Termination of our end user licence agreement with you.
  • Immediate, temporary, or permanent removal of any Contribution uploaded by you to our App.
  • Issue of a warning to you. • Removal of all points accrued.
  • Legal proceedings against you for reimbursement of all costs on an indemnity basis (including, but not limited to, reasonable administrative and legal costs) resulting from the breach.
  • Further legal action against you.
  • Disclosure of such information to law enforcement authorities as we reasonably feel is necessary or as required by law.

8.3 The actions we may take are not limited to those described above, and we may take any other action we reasonably deem appropriate.

9. Liability

9.1 We shall be liable without limitation:

  • in the event of intent, gross negligence or injury to life, body or health
  • or for the breach of obligations the fulfilment of which is essential for the proper execution of the contract and the achievement of the purpose of the contract and on the observance of which the customer as a contractual partner regularly relies (cardinal obligations). Such obligations are in particular the provision of the essential functionalities of the App. In the event of a breach of an obligation, we are not responsible for any loss or damage that is not foreseeable

9.2 Any further liability of Vypr shall be excluded. Insofar as our liability is excluded or limited, this shall also apply to the personal liability of our representatives and vicarious agents.

10. Termination

10.1 You may terminate your contract with us at any time. Upon your termination, your Vypr points expire.

10.2 We may end your rights to use the App and Service if you have broken these terms or if we have reason to believe that you are using the App for fraudulent activities or via any automated means such as, but not limited to, a Bot or any similar technological capabilities. If what you have done can be put right, we will give you a reasonable opportunity to do so.

10.3 If we end your rights to use the App and Service:

  • You must stop all activities authorised by these terms, including your use of the App and any Service.
  • You must delete or remove the App from all devices in your possession and immediately destroy all copies of the App which you have and confirm to us that you have done this.
  • We may remotely access your devices and remove the App from them and cease providing you with access to the Service.
  • We may also deduct all points accrued at the time.

11. Closing provisions

11.1 We may need to change these terms to reflect changes in law or to deal with additional features which we introduce, if the agreement of the change is reasonable for you considering the interests of Vypr. We will give you notice of any change by notifying you of a change when you next use the App. If you do not accept the notified changes, you may not be permitted to continue to use the App or the Service.

11.2 Even if we delay in enforcing this contract, we can still enforce it later. If we do not insist immediately that you do anything you are required to do under these terms, or if we delay in taking steps against you in respect of your breaking this contract, that will not mean that you do not have to do those things and it will not prevent us taking steps against you at a later date.

11.3 You may only transfer your rights or your obligations under these terms to another person if we agree in writing.

11.4 This agreement does not give rise to any rights under the Contracts (Rights of Third Parties) Act 1999 to enforce any term of this agreement. 11.5 Each of the regulations and Numerals of these terms operates separately. If any court or relevant authority decides that any of them are unlawful, the remaining paragraphs will remain in full force and effect.

11.6 The terms of this policy, its subject matter and its formation are governed by English law.

B. Privacy Policy

This Privacy Policy informs you about our processing of your data when you use our website or our
app.

1. Data Controller and Contact Details

The Data Controller is:

Vypr Validation Technologies Limited (company number 08589377), located at Suite 01-120,
29 John Dalton Street, MANCHESTER, M2 6FW, UK (“Vypr”, “we”, “our” or “us”).

You may contact us at compliance@vyprco.com

We have a designated Data Protection Officer (‘DPO’) who may be contacted via dpo@vyprco.com regarding any data protection and privacy matters. You also have the right to lodge a complaint with a supervisory authority – a full list of the representatives of the EU national data protection authorities, and the contact details of the UK data protection authority, the ICO.

For the UK, please note that you must have an account with PayPal to receive a payout for your Contribution. Read Paypal´s privacy notices.

2. Purposes and legal basis of our data processing

a. Internet connection data

When you open our web pages, we process the internet connection data that your browser automatically transmits to our server. This data is your device, type, IP-address, screen resolution and other usage data (e.g. date and time, name of the page called, amount of data transferred and the requesting provider). We need this information to enable you to use our website, for example by adapting the website to the technical requirements of your terminal device. This internet connection data may also be personal data.

When you first set up your user account on the Vypr App, a geolocation lookup is done for your IP address from your device. Your user account is associated with a “location” based on your country. This is done in our legitimate interest to ensure that only people from the areas we serve can use our app and earn funding from our surveys, and to match our customers with people they want to survey., Your IP-address is shared with a service provider who will perform the geolocation lookup which may include any detection of VPN or other IP masking means. Geolocation lookup results (your country) are retained as part of your account information whilst the account is active.

By downloading the Vypr App you consent to our using an analytical tool provider with whom we have a technical/commercial relationship, including Google Analytics (Google LLC) to capture and analyse usage related metrics, such as IP address, session duration, device model, operating system, geography, first launches, app opens and app updates. Google Analytics may capture extra data about you including your name, age, gender, country, language, and interests. This data will be retained for 3 years. If you wish to exercise your data protection rights, please contact Google directly – click here for more data protection and privacy information on Google.

The legal basis for this data processing is our legitimate interest in ensuring the security and usability of our App.

b. User Account Information

Your user account information is processed within the fulfilment of the contract with us. Please note, that you may not be able to use the Vypr App without us being able to process
it.

We share your responses to steers with our customers, your answers are pseudonymised. Such data is also aggregated into different ‘locales’ to match our customers with individuals they wish to survey. Your user account information is also shared with various service providers who we rely on as data processors and as part of your contract with us, and the processing is necessary as part of the contract, including Paypal details you provide us with to
pay you for completed surveys. We may also share your personal data with customers if they have a particular campaign and wish to contact you. This will only be with your consent, and unless we have your
consent, no information will be shared. Account information you provide us with is retained in principle for 5 years. If you delete your account and terminate the contract with us, account information will be erased 60 days after
the termination of the contract.

c. Processing of data on the Vypr Platform

We process consumers personal data as part of the data validation platform we offer to our customers. Consumers download the App for use with smartphones or tablets, to answer Steers that we or our customers set. The Vypr platform has many ways to ask questions. We act as the Data Controller in relation to personal data and our customers or approved suppliers act as a Data Processor. Before we collect and process any data, we will ask you to read this Privacy Policy and Terms, to confirm you are happy with how we will use your data.

We have set out below, a description of all the ways we plan to use your personal data, and which legal basis we rely on to do so. We have also identified what our legitimate interests are where appropriate. Note that we may process your personal data for more than one lawful reason depending on the specific purpose for which we are using your data.

Please contact us if you need details about the specific legal purpose we are relying on to process your personal data where more than one purpose has been set out in the table below:

Purpose

Data Type

Legal Basis for Processing Personal Data

Purpose Data Type Legal Basis for Processing Personal Data To register you on our App

a) identifying information including name, username, or similar identifier (‘Identity Data’); and

(b) contact information including, email address, PayPal email address and mobile telephone number (‘Contact Data’).

Performance of a contract with you.

To manage our relationship with you which will include:

(a) Contacting you when relevant steers become available, and asking you to answer steers

(b) Contacting you regarding an answer to a steer you have provided which breaches our terms, and/or re-educating you on the correct process

c) Contacting you, with your prior permission, to invite you to answer third party questions or to join another community / panel e.g. in the finance or insurance industry

(a) Identity Data;

(b) Contact Data;

(c) Profile data including your username and password, your data of birth, your interests, preferences, feedback and survey responses (‘Profile Data’); and (d) Marketing and communications information including your preferences in receiving marketing from us and your communication preferences (‘Marketing and Communications Data’).

Performance of a contract with you.

To enable you to answer steers

a) Identity Data;

(b) Contact Data;

(c) Profile Data;

(d) Marketing and Communications Data

(e) Usage information including how you use our website and services (Usage Data); and

(f) Special Category Data

Performance of a contract with you.

To administer and protect our business (including troubleshooting, data analysis, testing, system maintenance, support, reporting and hosting of data)

(a) Identity Data;

(b) Contact Data; and

(c) Technical data including IP address, log in data, browser type and version, time zone setting and location, browser plug-in types and versions, operating system and platform and other technology on the devices you use to access our website (‘Technical Data’).

Necessary for our legitimate interests (for running our business, provision of administration and IT services, network security, to prevent fraud and in the context of a business reorganisation or group restructuring exercise).

To provide our App service to you, including notifying you about changes to our Privacy Policy and Terms of Use

(a) Identity Data;

(b) Contact Data;

(c) Profile Data;

(d) Usage Data;

(e) Marketing and Communications Data;

(f) Technical Data

Performance of a contract with you.

We will communicate with you via any means you agree to (including email, telephone or text message) about the panel, to respond to your inquiries and requests, or update/validate the data that we hold about you.

We may disclose your identity to any third party who is claiming that any content posted or uploaded by you to our App constitutes a violation of their intellectual property rights, or of their right to privacy. When doing so we may base this on our legitimate interest or other lawful bases.

d. VyPops Steers

If you consent to take part in VyPops steers, your device will be used to record audio and video while answering the steer. We then use third parties for Video Processing Services, to convert any video/audio to text automatically for us, and to provide Moderation Software, to ensure any videos meet our content standards. The video taken by your device is uploaded to a cloud service provider we rely upon as data processor and is made available to our customer who ordered the steer you responded to, which forms part of your contract with us and for us to fulfil our contract with the customer. The customer may download your VyPops recording and process it for the purposes of marketing including market research, while text transcripts are 11 Consumer Privacy Policy and Terms of Use V2.5 Jan 2024 Final pseudonymised and disclosed to the customer via steer results reporting. We and any suppliers we use, retain our copy of the video recording for up to 2 months, though we may choose to delete it earlier. Our customer may retain a copy of the recording for up to 24 months though may choose to delete it earlier. You may delete your copy of the recording on your device at any time of your choosing. Text transcripts are retained as part of aggregated steer result reports. We have arrangements in place with the parties involved with the processing of personal data, and all matters relating to data protection and privacy should be addressed to us.

f. Special Category Data

Where you are asked to answer steers which involve the processing of Special Categories of Data, Data Protection legislation gives this type of data extra protection, these Special Categories are:

  • personal data revealing racial or ethnic origin;
  • personal data revealing political opinions;
  • personal data revealing religious or philosophical beliefs;
  • personal data revealing trade union membership;
  • genetic data;
  • biometric data (where used for identification purposes);
  • data concerning health;
  • data concerning a person’s sex life; and
  • data concerning a person’s sexual orientation.
    To process Special Categories of Data, we need your explicit consent. You do not have to
    answer any of these steers if you do not wish to.
    You may also withdraw your consent at any stage for us to process any of your data. To do
    this please email compliance@vyprco.com

3. Your Rights

Under the respective legal conditions, you have the following rights in relation to your
personal data:

  1. The right to be informed
  2. The right of access
  3. The right to rectification
  4. The right to erasure
  5. The right to restrict processing
  6. The right to data portability
  7. The right to object
  8. Rights in relation to automated decision making and profiling.

You may object to the processing of your personal data for direct marketing purposes at any time and without giving reasons.

We will only use your personal data when the law allows us to. Most commonly, we will use your personal data in the following circumstances:

  • To the extent that you have given your consent
  • Where we need to perform the contract with you
  • Where it is necessary for our legitimate interests (or those of a third party) and your
    interests and fundamental rights do not override those interests
  • Where we need to comply with a legal or regulatory obligation
    You may withdraw your consent at any stage

You may withdraw your consent at any stage for us to process any of your data. To do this
please email compliance@vyprco.com

4. Storage and deletion of your personal data

We delete your personal data:

  • as soon as their processing is no longer necessary for the purposes explained in this data
    protection declaration;
  • or in the event of a revocation of consent, there is no other legal basis for the processing.

If and as long as a deletion conflicts with legal retention obligations, we limit the processing
of your data to this archiving purpose and erase your data upon expiry of the retention period.
Typical retention periods under UK legislation are five years for accounting-related data.

5. Data transfers to third countries

Vypr is located in the UK and processes data on servers based in the EU.

We may transfer your personal data to recipients in other countries outside the European
Union (“EU”) and the European Economic Area, in particular to the United States of America
(“USA”). If, as in the case of the USA, the level of data protection there does not correspond
to the level of data protection within the UK or EU, we will ensure appropriate guarantees are
in place to protect your data. This may include the agreement of Standard Contractual Clauses
of the EU Commission (SCC) and, if necessary, additional measures required to ensure an
adequate level of data protection

6. Automated decision making

We do not make any decisions that are based exclusively on automated processing of your
data and that produce legal effects vis-à-vis you or similarly significantly affect you.

Tracking on our website (“Cookie Policy”)

The Vypr platform may use cookies, which are necessary to provide you with our service or
which enhance your experience of using the App.

By consenting to the opening of a user account, you accept all kinds of cookies, including:

  • essential cookies which allow you to navigate the App and use its features,
  • other types of cookies, which allow us to collect information regarding your visit (browsing
    time, and date, location of the user, parts of the App that the user has visited, etc) and thus
    improve the quality of service we provide.