Notes on "obligation to inform"

Produkt + Markt GmbH & Co. KG ("Produkt + Markt", see contact details) is one of the leading market research institutes in Germany. As a full-service provider, we stand for inspirational and innovative market research – quantitative, qualitative, online, national and worldwide. Through our work, we aim to ensure that our clients are successful and that with our support, they are always able to plan ahead and make decisions with confidence. Extensive industry know-how and an in-depth knowledge of methodology enable us to find the right research solutions, even when dealing with unusual issues. Together with our expertise, the results obtained from studies form the basis of our consulting services.

Produkt + Markt is a member of numerous market research associations, including ESOMAR (European Society for Opinion and Market Research) and ADM (The ADM Arbeitskreis Deutscher Markt- und Sozialforschungsinstitute e.V. – the business association for German market and social research institutes). ESOMAR is an international organisation that developed the first professional code of conduct for market research as far back as 1948. This code is continually updated and internationally recognised by more than one hundred national market and social research associations.

German market and social research associations have supplemented and adopted this international code through the Declaration for the Territory of the Federal Republic of Germany concerning the ICC/ESOMAR International Code on Market, Opinion and Social Research and Data Analytics. This means that Produkt + Markt is required to observe the so-called requirement for anonymisation when conducting social and market research studies. This means that any survey data we collect from you as part of a study will only be shared with our clients or other third parties in anonymised form. As a result, our clients and any other third parties will never know who provided the answers in a survey.

We process your personal data in accordance with the General Data Protection Regulation (GDPR) and the relevant national and international statutory provisions.

Personal data means any information relating to an identified or identifiable natural person (“data subject”). An identifiable natural person is one who can be identified, directly or indirectly, in particular by reference to an identifier such as a name, address, email address, telephone number or a unique device identification.

Produkt + Markt processes various categories of personal data. Processing is carried out in accordance with the relevant purposes and only those categories of personal data that are necessary to fulfil such purposes are processed. Below we have grouped the personal data we use into categories:

• Identity: name, marital status, date of birth/age, nationality, occupation, gender, company details if applicable, position at the company.
• Contact details: email address, telephone numbers, postal, billing or delivery address, company name.
• Market research data: survey data collected as a result of participation in research studies.
• Market research participation data: target group inclusion details, consent and other data (e.g. history of participation in research studies).
• Financial master data: e.g. bank account details, PayPal account information.
• Financial transaction data: details of payments between Produkt + Markt and their suppliers, clients and participants in market research studies, or information on bonus points that have been collected or redeemed by panel participants.
• Marketing information: contains information for receiving marketing materials and advertising.
• Due diligence data: information on technical and organisational measures.
• Pharmacovigilance data: information regarding drug safety, e.g. information on adverse events relating to drugs and/or the safety of medical devices or any suspected cases.
• User behaviour: information on the use of our website, products and services.
• Technical information: We use cookies to analyse the use of our website where you have consented to this. For more information, please visit https://www.produktundmarkt.de/kontakt/datenschutz/

We have created three tables below, one for market research participants, one for clients and one for subcontractors. Each table outlines the purpose for which we use personal data and the legal basis on which our processing is based.

We only collect and process the personal data that is necessary to fulfil the purposes for which it was collected. We only use personal data as outlined in this Privacy Policy, unless you have consented to your data being used for other purposes. If we intend to use your personal data that we process with your consent for purposes other than those outlined in the consent form, we will first notify you and obtain the necessary consent.

We will only process children's personal data to the extent that we are legally permitted to do so and will obtain the prior consent from their parent or guardian where necessary. If we become aware that the personal data of a child under the age of 16 has been inadvertently collected without the consent of their parent or guardian, we will make all reasonable efforts to delete such information.

5.1 Members of Produkt + Markt panel databases

We have various panels for different target groups. You can register with these. When you register, we collect your contact details and any additional information that may be necessary. For many studies, our clients specify exactly which criteria potential participants in market research studies must fulfil. We can use the additional information you provide during the registration process to invite you to participate in suitable surveys in the future.

5.2 Collaboration with other market research companies/panel operators

If you have registered as a participant with other market research companies or panel operators, you may occasionally receive invitations to participate in surveys being conducted by Produkt + Markt. In such cases, the company inviting you to participate in the survey is responsible for processing your personal data such as your name, address or email address. If, in exceptional cases, there is a possibility that research data collected by us can be used to identify you personally, we will inform you of this in advance.

5.3 Personal data we receive from our clients

We may receive your contact details from one of our clients who has instructed us to carry out a survey of a particular group of people. For example, a client may provide us with a list of their customers for this purpose. In such cases, the client who shared this data with us is responsible for the processing of your contact details and research data and we will disclose the source of your contact details to you.

5.4 Randomly selected participants in telephone surveys

In accordance with Art. 6 para. 1(f) GDPR, we are permitted to use telephone numbers from publicly accessible directories. In order to be able to establish representative population samples for telephone surveys and thereby obtain scientifically relevant findings, Produkt + Markt, like other market and social research institutes, uses random number generation. This process uses a mathematical approach to randomly generate telephone numbers. The ADM sampling system for telephone surveys is based on listed telephone numbers as well as synthetically generated numbers. As a result, we may call your telephone number even though you never listed it publicly.

As such, if you receive a call from Produkt + Markt or one of our business partners and are asked to answer a few questions about certain brands or products, for example, this does not necessarily mean that we have any other personal data relating to you other than your telephone number.

Any responses you provide in telephone or online surveys are kept anonymous and will not be stored with your telephone number or email address. If you have been selected to participate in a survey but do not wish to participate or be called by us again in the future, please let us know so that we can add your telephone number and/or email address to a list of blocked contact details.

6. Sharing your personal data

Without your express consent we will only share your personal data for the purposes and with the third parties outlined below. Produkt + Markt shall take the necessary steps to ensure that your personal data is processed, stored and transmitted in accordance with applicable law. Where individual service providers are located in countries outside the European Economic Area (EEA) (so-called third countries) that do not offer the same level of data protection under their applicable law as countries in the EEA, we obtain appropriate and adequate guarantees for the protection of personal data. In such cases, personal data will only be transferred to these service providers if they have concluded an agreement with Produkt + Markt containing the EU standard contractual clauses for data transfer.

6.1 External service providers

We may engage other companies and individuals to perform certain tasks that assist in the provision of our services by way of contract processing agreements:

• Service providers, e.g. including but not limited to hosting providers, freelancers, call centres and IT service providers, who are contractually obligated to process the data exclusively for our purposes and in accordance with our instructions.
• Consultants and service providers who act as independent controllers or with whom we share responsibility for processing, e.g. insurance companies or accounting service providers.
• And persons whose profession requires them to maintain confidentiality or who are required to maintain confidentiality, e.g. lawyers, tax advisors and auditors.

We only share such data with external service providers or allow them access to the data to the extent that this is necessary for the respective purpose. External service providers are not permitted to use this data for any other purposes, especially for their own purposes or the purposes of third parties. Produkt + Markt contractually obligates these external service providers to maintain confidentiality with regard to personal data.

6.2 Public authorities

We will only disclose your personal data to public authorities if required to do so by law. For example, Produkt + Markt will comply with court orders, requests by law enforcement agencies, regulatory bodies and other public authorities as well as government agencies.

7. Implications of not providing your personal data

Your participation in our market research is always voluntary. As a result, you may stop participating and providing your personal data to us at any time. If you withdraw your consent to the processing of your personal data or end your membership of a panel, you will no longer be entitled to any future participation incentives and compensation that we may offer members or participants.

If the processing of your personal data is necessary for the performance of a contract between yourself and us, and you do not provide the required information, we have the right to suspend our contractual services. In such a case, we will notify you in advance.

8. Controller's contact details

If one of our clients is the responsible party for your personal data, we will point this out to you as part of the survey.
Otherwise, the entity responsible under data protection law is:

Produkt + Markt GmbH & Co. KG
Data Protection
Otto-Lilienthal-Straße 15
49134 Wallenhorst
Phone: +49 5407/885-0
Email: datenschutz@produktundmarkt.de

Please feel free to contact us for questions or complaints.

9. Data deletion and storage period

The data subject's personal data will be deleted or disabled as soon as the purpose for which the data was stored no longer applies. The data may also be stored if this is required by the European or national legislator in Union regulations, laws or other provisions to which the controller is subject. The data will also be disabled or deleted when the retention period prescribed by the aforementioned regulations expires, unless it is necessary to continue storing the data for the conclusion or fulfilment of a contract. The data may be stored for a longer period of time if this is required for the purposes of handling a complaint or if we can reasonably assume that a legal dispute will arise in respect to our relationship with you.

10. Rights of the data subject

As a data subject as defined by the General Data Protection Regulation (Article 4(1) GDPR), you have numerous rights in respect of Produkt + Markt, which we would like to inform you about below. You can find more details on this issue in Articles 15 to 21 of the GDPR or Sections 32 to 37 of the German Federal Data Protection Act (current version valid since 25th May 2018).

To assert your rights, please contact:

Produkt + Markt GmbH & Co. KG, Data Protection officer (Otto-Lilienthal-Straße 15, 49134 Wallenhorst, Germany) E-Mail: datenschutz@produktundmarkt.de

10.1 Right of access

You have the right to obtain confirmation, as to whether or not your personal data is being processed by us and which personal data is being processed. You can also obtain a copy of this data.

10.2 Right to rectification

You have the right to obtain without undue delay the rectification of inaccurate personal data. In addition, you can request that we complete your incomplete personal data.

10.3 Right to erasure (right to be forgotten)

You have the right to obtain the erasure of personal data without undue delay, where one of the following grounds applies:

• The personal data is no longer necessary in relation to the purposes for which it was collected or otherwise processed.
• The data subject withdraws consent on which the processing is based in accordance with point (a) of Article 6(1) of the GDPR, or point (a) of Article 9(2) of the GDPR, and where there is no other legal basis for the processing.
• The data subject objects to the processing pursuant to Article 21(1) of the GDPR and there are no overriding legitimate grounds for the processing, or the data subject objects to the processing pursuant to Article 21(2) of the GDPR.
• The personal data has been unlawfully processed.
• The personal data must be erased for compliance with a legal obligation in Union or Member State law to which the controller is subject.
• The personal data has been collected in relation to the offer of information society services referred to in Article 8(1) of the GDPR.

Please take into consideration that your right to erasure can be restricted by legal regulations.

10.4 Right of restriction of processing

You have the right to obtain from us restriction of processing, where one of the following applies:

• The accuracy of the personal data is contested by the data subject, for a period enabling the controller to verify the accuracy of the personal data.
• The processing is unlawful, and the data subject opposes the erasure of the personal data and requests the restriction of its use instead.
• The controller no longer needs the personal data for the purposes of the processing, but the data is required by the data subject for the establishment, exercise or defence of legal claims.
• The data subject has objected to processing pursuant to Article 21(1) of the GDPR pending the verification whether the legitimate grounds of the controller override those of the data subject.

If one of the aforementioned conditions is met, and a data subject wishes to request the restriction of the processing of personal data stored by Produkt + Markt GmbH & Co. KG, he or she may at any time contact any of the controller's employees. The employee of Produkt + Markt GmbH & Co. KG will arrange the restriction of the processing.

10.5 Right to object

If we process your data based on our legitimate interests, the legitimate interests of third parties or in the public interest, you have the right to object to the processing of your personal data. If you object to the processing of your data for the purpose of market and opinion research, we will no longer process your personal data for this purpose. In both cases the objection can be made without any formalities by contacting: datenschutz@produktundmarkt.de

10.6 Right to withdraw consent under data protection law

You have the right to withdraw your consent to the processing of your personal data at any time with effect for the future. You can withdraw your consent by sending a message to the contact address mentioned above. This also applies to any consent you may have given before the EU-GDPR came into force, i.e. before 25 May 2018. Should you choose to withdraw your consent, the lawfulness of any data processing carried out up to that point remains unaffected.

10.7 Right to data portability

You have the right to receive the personal data you have provided to us, in a structured, commonly used and machine-readable format and to transmit this data to others. Further details and restrictions are set out in Article 20 GDPR. Exercising your right to data portability will not impact your right of erasure.

10.8 Right to lodge a complaint with a supervisory authority

If you believe that our processing of your personal data violates applicable data protection laws, you have the right to lodge a complaint with the responsible supervisory authorities, i.e. especially the commissioner for data protection in Lower Saxony or the respective regulatory authority in the member state of your residence, your place of employment or the place of the alleged data protection violation.

Note:

This statement may be updated from time to time by Produkt + Markt.

Wallenhorst, 01.03.2023