Terms & Conditions
1. Definition
“Business Day” means a day (other than a Saturday, Sunday or public holiday) when banks in the Netherlands are open for business.“Client” means the person or firm that purchases or otherwise acquires the Data from the Company.
“Commencement Date” has the meaning set out in clause 2.2.
“Company” means Sample Solutions B.V registered in the Netherlands, at Stationsplein 45, 3013AK, Zuid Holland, Netherlands, company number KvK 64893081
“Data” means the data set out in the Order Confirmation, comprising information of any kind whether it be words, numbers, graphs or otherwise in any other form and whether or not it is the property of the Company or a third party, which is supplied or made available to the Client by the Company.
“Delivery Date” means the date on which the Company supplies the Data to the Client.
“Force Majeure Event” has the meaning given to it in clause 12.1.
“Intellectual Property Rights” means all patents, rights to inventions, utility models, copyright and related rights, trademarks, service marks, trade, business and domain names, rights in trade dress or get-up, rights in goodwill or to sue for passing off, unfair competition rights, rights in designs, rights in computer software, database right, topography rights, moral rights, rights in confidential information (including know-how and trade secrets) and any other intellectual property rights, in each case whether registered or unregistered and including all applications for and renewals or extensions of such rights, and all similar or equivalent rights or forms of protection in any part of the world.
“Licence” means the license between the Company and the Client for the use of the Data incorporating these Terms.
“Licence Period” has the meaning given in clause 3.2(a).
“Order Confirmation” means the Client’s written acceptance of the Company’s quotation as set out overleaf.
“Payment Date” has the meaning set out in 5.2(b).
“Price” means the charges payable by the Client for the supply of the Data in accordance with clause 5.
“Recipient” means each person whose details are the subject matter of the Data.
“Terms” means these terms and conditions as amended from time to time in accordance with clause 13.7.
In these Terms, the following rules apply: (a) a person includes a natural person, corporate or unincorporated body (whether or not having separate legal personality); (b) a reference to a party includes its personal representatives, successors or permitted assigns; (c) a reference to a statute or statutory provision is a reference to such statute or statutory provision as amended or re-enacted. A reference to a statute or statutory provision includes any subordinate legislation made under that statute or statutory provision, as amended or re-enacted; (d) any phrase introduced by the terms including include, in particular, or any similar expression, shall be construed as illustrative and shall not limit the sense of the words preceding those terms; and (e) a reference to writing or written includes faxes and e-mails.
2.Basis of Licence
2.1 The Order Confirmation constitutes an offer by the Company to sell the Data in accordance with these Terms. The Client is responsible for ensuring that the terms of the Order Confirmation are complete and accurate. 2.2 The Order Confirmation shall only be deemed to be accepted by the Client when the Client signs and dates the Order Confirmation and returns it to the Company at which point and on which date the Licence shall come into existence (Commencement Date).2.3 The Licence constitutes the entire agreement between the parties. The Client acknowledges that it has not relied on any statement, promise or representation made or given by or on behalf of the Company which is not set out in the Licence.
2.4 These Terms apply to the Licence to the exclusion of all other terms and conditions that the Client seeks to impose or incorporate, or which are implied by trade, custom, practice or course of dealing.
2.5 Any repeat or subsequent requests by the Client for a licence to use the Data shall be subject to these Terms. For the avoidance of doubt, a separate Licence shall come into existence for each Order Confirmation relating to the Data that is accepted by the Client in accordance with clause 2.2.
2.6 Any quotation given by the Company shall not constitute an offer, and is only valid for a period of 90 Business Days from its date of issue.
2.7 The quantity and description of the Data shall be as set out in the Order Confirmation.
3.Use of the data
3.1 If the Order Confirmation states that the Licence is for a specific number of uses: (a) the Client shall only contact each Recipient for the number of times set out in the Order Confirmation: (b) if a Recipient replies to the contact authorised by clause 3.1(a) the Client is then permitted to contact that Recipient freely from the date of such reply; (c) if a Recipient does not reply to the contact authorised by clause 3.1(a) the Client shall not contact that Recipient again.3.2 If the Order Confirmation states that the Client has a Multiple Use Licence: (a) the Client may make contact with each Recipient as many times as he wishes within the period referred to in the Order Confirmation (Licence Period); (b) if a Recipient replies to any contact authorized by clause 3.2(a) the Client is then authorised to contact that Recipient freely from the date of such reply and beyond the Licence Period; (c) if a Recipient does not reply to any of the contacts authorised by clause 3.2(a) the Client shall not contact that Recipient again after the Licence Period has expired.
3.3 For the avoidance of doubt an out of office message or other automatic response to any contact made by the Client does not constitute a reply for the purposes of clause 3.1(b) or clause 3.2(b).
3.4 If the Client breaches clause 3.1(a) or (c) or 3.2(a) or (c) it shall pay to the Company a sum equal to the difference between (1) the Price and (2) the amount the Client would have paid to the Company if the Licence had entitled the Client to use the Data for the total number of times that it has actually been used by the Client, such charges to be calculated in accordance with the Company’s pricing structure as at the date that the breach first occurred. The due date for such a further payment shall be the date on which the breach first occurred.
3.5 Breach of clause 3.1(a) or (c) or 3.2(a) or (c) shall constitute a material breach of the Licence for the purposes of clause 11.1(a).
3.6 Clauses 3.1 (b) and (c), 3.2 (b) and (c), 3.3 and 3.4 shall survive the expiry or termination of the Licence.
3.7 Use of the data is for market research & social research only. The client needs to ensure that he uses the data within the legal framework of his jurisdiction.4.Delivery
4.1 All dates set out in the Order Confirmation for delivery of the Data are approximate only, and the time of delivery is not of the essence. The Company shall not be liable for any loss or damage whatsoever suffered by the Client arising from any delay, however caused, nor will any delay entitle the Client to cancel or alter its obligations under the Licence. For the avoidance of doubt this shall not affect the Client’s right to cancel under clause 6.1. 4.2 The Company shall not be bound to deliver the Data until the Client has paid for it unless otherwise agreed in writing by the Company. 4.3 If the Company fails to deliver the Data, its liability shall be limited to the costs and expenses incurred by the Client in obtaining replacement data of similar description and quantity in the cheapest market available, less the price of the Data. The Company shall have no liability for any failure to deliver the Data to the extent that such failure is caused by a Force Majeure Event or the Client’s failure to provide the Company with adequate instructions that are relevant to the supply of the Data. 4.3 The Company shall limit exchange of PII where possible. During communication with the Client, both parties should only provide as little PII as possible. 4.4 information about the Client or End-Client of a study is not required to be provided. The Company does not need to be in the known for what the data is eventually used.5.The Price and Payment
5.1 The Price for the Data is as set out on the Order Confirmation.5.2 The Client shall pay the price for the Data: (a) in full and in cleared funds to a bank account nominated in writing by the Company or by credit card (the Company does not accept American Express); and (b) before it is delivered to the Client unless the Company has agreed otherwise in writing, in which case the Client shall pay the price on or before the date agreed by the Company (Payment Date). Time for payment shall be of the essence of the Licence.
5.3 The price is exclusive of VAT which shall be due at the rate ruling on the date of the VAT invoice. The Client shall, on receipt of a valid VAT invoice from the Company, pay to the Company such additional amounts in respect of VAT as are chargeable on the supply of the of the Data at the same time as payment is due for the Data.
5.4 If any payment is made later than the Delivery Date or, where the Company has agreed that payment may be made after the Delivery Date, the Payment Date then, without limiting any other right or remedy of the Company, the Company shall have the right to charge interest on the overdue amount at the rate of 4% per annum above the then base lending rate of ABN Amro NV accruing on a daily basis from the due date for payment until the date of actual payment of the overdue amount, whether before or after judgment and compounded quarterly. The Company shall also have the right to charge the Client an administration fee of €50.00 for all debts that are passed to the Company’s debt recovery department.
5.5 The Client shall pay all amounts due under the Licence in full without any deduction or withholding except as required by law and the Client shall not be entitled to assert any credit, set-off or counterclaim against the Company in order to justify withholding payment of any such amount in whole or in part. The Company may, without limiting its other rights or remedies, set off any amount owing to it by the Client against any amount payable by the Company to the Client.
6.Cancellation
6.1 Subject to clause 6.2, the Client shall be entitled to cancel the Licence during the period that begins on the Commencement Date and ends on the day immediately before the Delivery Date by giving notice in writing to the Company.6.2 If the Client cancels its order for the Data the Client shall pay to the Company the sum of €250.00 or 50% of the Price (whichever is the greater) within 5 Business days of the date that the Client gave notice in writing to the Company of the cancellation.
7. Intellectual Property Rights and Confidential Information
7.1 The Client hereby acknowledges that the copyright and other Intellectual Property Rights nothing contained herein will be construed as an assignment of any such copyright to the Client. Copyright shall at all times vest in the Company or its suppliers.7.2 The Client shall have no rights or interests of whatever nature in the Data except to use the same in accordance with the terms of the Licence.
7.3 The Client shall not supply disclose or make available the Data to a third party except in accordance with the terms of the Licence.
7.4 The Client shall maintain adequate security measures to protect the integrity and security of the Data. Any breach or suspected breach of security shall be promptly notified to the Company.
7.5 Breach of this clause 7 by the Client shall constitute a material breach of the Licence for the purposes of clause 11.1(a).
8.Warranty
8.1 Subject to the following provisions of this clause 8 and clause 9, the Company warrants that the Data will at the time of delivery correspond to the description set out in the Order Confirmation.8.2 Subject to the Client giving notice to the Company within 5 Business days of delivery that the Data does not comply with the description set out in the Order Confirmation, the Company shall, at its option, replace the Data (or such part of it that does not correspond with the description) or refund the Price.
8.3 Except as provided in this clause 8, the Company shall have no liability to the Client in respect of the Data’s failure to comply with the description set out in the Order Confirmation
8.4 The Company shall be under no liability under the warranty in 8.1 if the Price has not been paid by the due date for payment.
8.5 Whilst the Company has used all reasonable endeavours to ensure the accuracy of the information contained in the Data the Client acknowledges that in the compilation and supply of the Data to the Client the Company often has to rely on information supplied by a third party and that such information may have been incorrectly provided and that by the very nature and volume of such Data accuracy cannot be verified. Therefore the Company does not guarantee or warrant that the Data is without errors or omissions and the accuracy of the Data is not a condition of the Licence and the Client will not be entitled to refuse to pay any amount due or part thereof by reason of errors or omissions in the Data supplied under the Licence.
8.6 The Client acknowledges that a bounced e-mail does not mean the Data is incorrect and confirms that it will make no claim against the Company for a refund in connection with a bounced e-mail. The Company makes no guarantee whatsoever to the response rates the Client may get.
8.7 The IP addresses of the Client’s servers or a third party (broadcaster’s) servers may be listed on a DNSBL database as a result of using the Data. Therefore the Company does not guarantee or warrant against this and it is not a condition of the Licence and the Client will not be entitled to refuse to pay any amount due to the Company for the Data under the Licence if the IP addresses are listed on a DNSBL database.
8.8 The Client acknowledges that spam filters may prevent as much as 25% of the Client’s e-mail marketing messages from being delivered to the Recipients’ in-boxes. The Client acknowledges that this is due to spam filters on the Recipients’ servers and is not because the Data is inaccurate or wrong. Therefore the Company does not guarantee or warrant against this and it is not a condition of the Licence and the Client will not be entitled to refuse to pay any amount due to the Company for the Data under the Licence if spam filters prevent delivery of the Client’s e-mails to the Recipients.
8.9 The Client acknowledges and agrees that the Company may plant up to five “seeds” per 1,000 Recipients for the purpose of enforcing any breaches of the Licence.
9. Limitation of Liability: The Client’s attention is drawn to this clause
9.1 Nothing in these Terms shall limit or exclude the Company’s liability for: (a) death or personal injury caused by its negligence, or the negligence of its employees, agents or subcontractors; (b) fraud or fraudulent misrepresentation; or (c) breach of the terms implied by section 2 of the Supply of Goods and Services Act 1982 (title and quiet possession).9.2 Subject to clause 9.1:
(a) the Company shall under no circumstances whatever be liable to the Client, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, for any loss of profit, or any indirect or consequential loss arising under or in connection with the Licence; and (b) the Company’s total liability to the Client in respect of all other losses arising under or in connection with the Licence, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, shall in no circumstances exceed the charges paid by the Client for the Data.9.3 Except as set out in these Terms, all warranties, conditions and other terms implied by statute or common law are, to the fullest extent permitted by law, excluded from the Licence.
9.4 This clause 9 shall survive expiry or termination of the Licence.
10.Indemnity from the Client
10.1 The Client shall keep the Company indemnified in full against all costs, expenses, damages and losses (whether direct or indirect), including any interest, penalties, and legal and other professional fees and expenses awarded against or incurred or paid by the Company as a result of or in connection with: (a) any claim made against the Company by a third party arising out of, or in connection with, the use of the Data, to the extent that the claim is attributable to the acts or omissions of the Client, its employees, agents or subcontractors; (b) any claim made against the Company by a third party arising out of, or in connection with the breach, negligent performance or failure or delay in performance of the Licence by the Client, its employees, agents or subcontractors; and (c) any claim made against the Company by a third party arising out of, or in connection with the Client disclosing or making available the Data to a third party, whether permitted by the Licence or not.10.2 This clause 10 shall survive expiry or termination of the Licence.
11. Termination
11.1 Without limiting its other rights or remedies, either party may terminate the Licence with immediate effect by giving written notice to the other party if: (a) the other party commits a material breach of the Licence and (if such a breach is remediable) fails to remedy that breach within 10 Business days of that party being notified in writing of the breach; (b) the other party suspends, or threatens to suspend, payment of its debts or is unable to pay its debts as they fall due or admits inability to pay its debts; (c) the other party goes into liquidation, becomes bankrupt, makes a voluntary arrangement with its creditors, has a receiver or administrative receiver appointed over its assets or a person becomes entitled to appoint a receiver or administrative receiver over the other party’s assets; (d) any event occurs or proceeding is taken with respect to the other party in any jurisdiction to which it is subject that has an effect equivalent or similar to any of the events mentioned in clause 11.1(b) or clause 11.1.(c); (e) the other party suspends or ceases, or threatens to suspend or cease, to carry on all or a substantial part of its business; or (f) the other party (being an individual) dies or, by reason of illness or incapacity (whether mental or physical), is incapable of managing his own affairs or becomes a patient under any mental health legislation.11.2 Without limiting its other rights or remedies, the Company may terminate the Licence with immediate effect by giving written notice to the Client if the Client fails to pay any amount due under the Licence on the due date for payment.
11.3 On expiry or termination of the Licence for any reason: (a) the Client shall immediately pay to the Company all of the Company’s outstanding unpaid invoices and interest in respect of Data supplied and, in respect of Data supplied but for which no invoice has been submitted, the Company shall submit an invoice, which shall be payable immediately on receipt; (b) the Client shall destroy and/or delete details of all the Recipients whether these details are held on a computer file or otherwise and shall cease to contact such Recipients unless this is authorized by clause 3.1(b) or clause 3.2(b); (c) the accrued rights, remedies, obligations and liabilities of the parties as at expiry or termination shall not be affected, including the right to claim damages in respect of any breach of the Licence which existed at or before the date of termination or expiry; and (d) clauses which expressly or by implication have effect after expiry or termination shall continue in full force and effect.
12.Force Majeure
12.1 For the purposes of the Licence, Force Majeure Event means an event beyond the reasonable control of the Company including but not limited to strikes, lock-outs or other industrial disputes (whether involving the workforce of the Company or any other party), failure of a utility service or transport network, act of God, war, riot, civil commotion, malicious damage, compliance with any law or governmental order, rule, regulation or direction, accident, breakdown of plant or machinery, fire, flood, storm or default of suppliers or subcontractors.12.2 The Company shall not be liable for any loss suffered or incurred by the Client as a result of any delay in or failure of the Company performing its obligations under the Licence arising from any Force Majeure Event.
12.3 If the Force Majeure Event prevents the Company from performing any of its obligations under the Licence for more than four weeks, the Company shall, without limiting its other rights or remedies, have the right to terminate the Licence immediately by giving written notice to the Client.
13. General
13.1 Assignment and subcontracting: The Client shall not be entitled to assign, transfer, charge, subcontract or otherwise deal with all or any of its rights or obligations under the Licence without the prior written consent of the Company. The Company may at any time assign, transfer, charge, subcontract or deal in any manner any or all of its obligations under the Licence. 13.2 Notices: Any notice or other communication required to be given to a party under or in connection with the Licence shall be in writing and shall be delivered to the other party personally or sent by prepaid first-class post, recorded delivery or by commercial courier, at its registered office (if a company) or (in any other case) its principal place of business, or sent by fax to the other party’s main fax number. Any notice or other communication shall be deemed to have been duly received if delivered personally, when left at the address referred to above or, if sent by pre-paid first-class post or recorded delivery, at 9.00 am on the second Business Day after posting, or if delivered by commercial courier, on the date and at the time that the courier’s delivery receipt is signed, or if sent by fax, on the next. 13.3 Waiver: No failure or delay by either party in exercising any of its rights under the Licence shall be deemed to be a waiver of that right, and no waiver by either party of any breach of the Licence by the other shall be considered as a waiver of any subsequent breach of the same or any other provision. 13.4 Severance: If any provision of the Licence is held by any court or other competent authority to be invalid or unenforceable in whole or in part, the validity of the other provisions of the Terms and the remainder of the provision in question shall not be affected. 13.5 No partnership: Nothing in the Licence is intended to, or shall be deemed to, constitute a partnership or joint venture of any kind between any of the parties, nor constitute any party the agent of another party for any purpose. No party shall have authority to act as agent for, or to bind, the other party in any way. 13.6 Third parties: A person who is not a party to the Licence shall not have any rights under or in connection with it. 13.7 Variation: Except as set out in these Terms, any variation, including the introduction of any additional terms and conditions, to the Licence, shall only be binding when agreed in writing and signed by the Company. 13.8 Governing law and jurisdiction: The Licence, and any dispute or claim arising out of or in connection with it, shall be governed by, and construed in all respects in accordance with, the laws of England and the parties irrevocably submit to the exclusive jurisdiction of the courts of England and Wales.14. Refund Policy
14.1 If the sample does not comply with the description set out in the order confirmation, the Company shall offer a replacement sample or refund the price of the sample itself.14.2 The Company reserves the right to refuse a refund in cases where it does not deem it acceptable.
14.3 Any case wherein the sample complies with the description set out in the order confirmation is deemed to be ineligible for a refund.
14.4 Due to the very nature of the product, depending on the sample type, up to 10% of the entire sample is expected to be non-working. That is why the Company provides oversampling.15. Communication and RFQ Validity
15.1 The Company communicates to its clients via Email. All emails are encrypted using Gmail for business. Offers that have been provided via email are valid for 90 Business days if not otherwise stated.16. Compliance with domestic Market Research standards
16.1 While in most countries market research projects are excluded from the Do-Not-Call lists, several countries have optional market research filters. While they are not required by law, memberships within the local market research societies require filtering against these directories. Sample Solutions does not provide filtering against these services. The client itself is responsible for filtering where needed.Privacy Policy
Sample Solutions BV (“Sample Solutions”, or “us” or “we” or “our” shall include Sample Solutions affiliates and subsidiaries) within its scope of work and in order to realize its core activity collects, stores and processes personal data.
The platform Sales.Rocks is also part of Sample Solutions BV.
Sample Solutions provides samples and services to support the market research industry by providing clients with access to consumer and business respondents via telephone (both fixed/landline and wireless/mobile). We also provide B2B data to sales and marketing purposes.
Our company Data Protection Policy refers to our commitment to treat the information of employees, customers, stakeholders and other interested parties with the utmost care and confidentiality.
With this policy, we ensure that we gather, store and handle data fairly, transparently and with respect towards individual rights.
This Privacy Policy describes the types of information we collect, how we use the information, how we store the information, how we share or disclose the information, as well as the possibilities regarding the use and processing of the information. Where we decide the purpose or means for which this personal data is processed, we are the “data controller.” We will comply with all applicable data protection laws, including the General Data Protection Regulation 2016/679. You have the right to object to us processing your personal data for direct marketing purposes.
While Sample Solutions is committed to assisting its Customers in its role as a data processor, Customers are still ultimately responsible for adhering to their obligations as a “data controller.” Broadly speaking, this means that Customers are responsible for obligations such as:
- Properly collecting, processing, and transmitting personal data from EU subjects
- Properly marketing and communicating to current/potential customers
- Properly handling requests from EU data subjects, such as erasure and access.
- What personal data we may collect about you or your company;
- Why our processing is lawful;
- Who we may share your information with;
- How we will use the information;
- Who we may provide that information with;
- Your rights regarding the information.
- WAPOR (The World Association for Public Opinion Research)
- AAPOR (The American Association for Public Opinion Research)
- ISO (The International Organization for Standardization)
1. What type of information do we collect?
We gather personal information if and to the extent it is necessary to provide our services to you, and if we are entitled or obliged to process personal information under applicable law. Sample Solutions’s or Sales.Rocks Website: If you contact us about our products and services or request a demo on our website, or request marketing content through third party websites, the forms you complete or the emails you send may include information about you, such as your full name, your email address, the organisation on behalf of whom you are contacting us, a general or personal phone number and your enquiry. Sample Solutions’ or Sales.Rocks’ Online Client Platform: In order to provide a Sample Solutions Client with access to our platform and enable them to access our services, we collect the full name, email address, phone number and password of each individual authorised by such client to access the platform. Analytics on the Website and the Platform: Our website and online client platform uses cookies and other mechanisms to collect and log analytical information, to help analyse use, to compile statistical reports on use of our website and to improve our website and marketing. To find out more about the use of cookies and adjust your cookie preferences, please see our cookie policy here.- Information you provide to us:
- Log data
- number of visits to our website;
- pages visited while at the website and time spent per page;
- page interaction information, such as scrolling, clicks and browsing methods (using heatmaps);
- referring websites where visitors have come from and where they go afterwards;
- page response times and any download errors; and
- other technical information relating to end user device, ip address or browser or browser plug-in.
2. How do we collect information?
- Information submitted or provided by you.
- We collect publicly available information to the extent legally permitted under applicable law. We may append this information to our existing information.
- Accurate and kept up-to-date.
- Collected fairly and for lawful purposes only.
- Processed by the company within its legal and moral boundaries.
- Protected against any unauthorized or illegal access by internal or external parties.
- Communicated informally.
- Stored for more than necessary to fulfill the purposes for which it was collected.
- Transferred to organizations, states or countries that do not have adequate data protection policies.
- Distributed to any party other than the ones agreed upon by the data’s owner (exempting legitimate requests from law enforcement authorities).
- Name;
- Employer Company & Company Details;
- Previous employment history;
- Office Location (Country, City & Postcode);
- Business Telephone Number;
- Skills Set;
- Company Business Email Address;
- Contact Business Email Pattern with Probability scores;
- Job Title.
3. How we use personal data
- We collect personal data for market research purposes to help our clients improve their products, services or the way they conduct their business.
- Personal data will only be kept or used by us for the purposes listed in our Privacy Policy.
- You may choose to obtain access to, or to correct your personal information at any time. Similarly, you may withdraw your consent to processing your personal data at any time (in which case we will delete your personal data). In order to effect any of these, please contact us using the details below.
4. Processing Grounds
We process personal data based on four different legal grounds.4.1 Consent as a legal ground for lawful processing
In some instances, Sample Solutions processes a data subject’s data with given consent. Your consent may be obtained by third parties on Sample Solutions behalf. You have the right to withdraw such consent at any time and we will cease to process data after consent is withdrawn. Examples for consent is when you have opted-in for being contacted by our team, subscribed to a newsletter, engaged with us via chat or have signed up to one of our platforms.4.2 Contractual necessity as a lawful basis for processing
Sample Solutions may process your data to comply with our legal and regulatory obligations e.g. preventing, investigating and detecting crime, fraud or anti-social behaviour and prosecuting offenders, including working with law enforcement agencies.4.3 Contractual necessity as a lawful basis for processing
GDPR Recital 40 mentions ‘the performance of a contract to which the data subject is party or in order to take steps at the request of the data subject prior to entering into a contract’ as a legitimate basis of lawful processing and GDPR Recital 44 simply states that processing should be lawful where it is necessary in the context of a contract or the intention to enter into a contract. Therefore we may process your data where we have a contract with the individual and we need to process their personal data to comply with our obligations under the contract.4.4 Legitimate Interest
Sample Solutions processes personal data when it is in our or our clients’ legitimate interest to do so and when these interests are not overridden by the interests or fundamental rights and freedoms of the data subject. Our and our clients’ legitimate interests include: having information about potential business customers or finding suitable survey respondents organised in one searchable database, being able to retrieve to accurate, updated and complete information, being able to identify a contact that holds a certain role within a B2B company;, enabling clients to only reach out to relevant contacts, being able to generate and contact potential B2B leads in order to undertake forms of B2B research or B2B marketing, having access to aggregated statistical insights for the purpose of understanding patterns and trends, being able to receive statistical data on country, industry or employee size level. Our Services are designed to help Users and vendors (e.g. HR professionals, B2B partners, sales platforms) validate and verify contact information and to find business profiles they seek in order to interact with relevant Contacts , through access to business profiles retained in the Sales.Rocks database (“Sales.Rocks Database”). The information provided by Sample Solutions BV is not directly created by sample Solutions BV but rather is retrieved from the web, public sources or from the contribution of relevant data from other users and business partners.
GDPR Recital 47 also states that the processing of personal data for direct marketing purposes may be regarded as carried out for a legitimate interest.
Sales.Rocks Database
The Business Profiles we collect from publicly available sources and from our trusted business partners are stored in the Sales.Rocks Database. Our algorithms process this information in order to identify the most up-to-date information related to each profile. In addition, The Sales.Rocks Database includes Business Profiles relating to individuals, which were lawfully obtained by Sales.Rocks from business partners who own established and legitimate directories or from publicly available sources. We may use and share Business Profiles with our Users when they use our Plugin online for the purpose of validating and authenticating online identities by finding relevant data related to a specific individual. We may also disclose to our vendors and business partners (or permit their access to) Business Profiles retained in the Sales.Rocks Database for the purpose of ensuring that their current data is up to date, enriching it and allowing our partners to obtain relevant Business Profiles for employment, commercial and business opportunities. If you prefer that we will not share your Business Profile with our Users, vendors or business partners, you may opt-out by filling in your relevant details here. In this case, we shall not continue to use or disclose your Business Profile. To learn more about our commitment to respect your rights in accordance with applicable privacy and data protection regulations, please see “Your Rights Regarding Your Personal Information” below. The following information is not collected to the Sales.Rocks Database: any information which is shared with us by our Users when downloading or using our Plugins, or accessing and registering on our Site. Specifically – If a User chooses to connect its with the CRM or Email account to the Sales.Rocks App, Sales.Rocks will not collect information associated with such use In order to provide our service and match the relevant information from our database with applicable profiles Users view on supported sites, we need to read certain words (such as full name and company name of the Contacts) We store the data in our servers temporarily and delete it after providing the Users with the service. This data is not added to our database. Sales.Rocks does not store browsing history or data.5. With whom do we share the data?
We will share your information with the following:5.1 Our companies
Access to personal data within Sample Solutions and our group of companies is restricted to those individuals who have a need to access the information for our business purposes.5.2 Our clients
We may share personal data with our clients as part of the offering of our services. Sample Solutions provides limited access to its database. Our clients may use the data to contact individuals on their business telephone, at their business email address, through other electronic mail or through targeted display ads on social networks in order to market products and/or services. For the the purpose of market research they can also contact individuals using randomly generated phone numbers (RDD) Please note that in making available the data to its clients, Sample Solutions is processing such data as a processor on behalf of the client, who is acting as the controller. Clients will likely have their own privacy policies and opt-out options, and we recommend you review them. Where Sample Solutions has made personal data available to its clients, the client privacy policy should list Sample Solutions as a data source.5.3 Suppliers, subcontractors, service providers
We keep your information confidential, but may disclose it to suppliers or subcontractors insofar as it is reasonably necessary for the purposes set out in this privacy policy. However, this is on the basis that they have agreed to safeguard this information. This includes external third-party service providers, such as accountants, auditors, experts, lawyers and other outside professional advisors; IT systems, support and hosting service providers; technical engineers; data storage and cloud providers and similar third-party vendors and outsourced service providers that assist us in carrying out business activities.5.4 Resellers
Sample Solutions works with resellers in various countries. They can potentially receive access to part of the database.5.5 Government authorities
In addition, we may disclose your information to the extent that we are required to do so by law (which may include to government bodies and law enforcement agencies); in connection with any legal proceedings or prospective legal proceedings; and in order to establish, exercise or defend our legal rights (including providing information to others for the purposes of fraud prevention).5.6 Potential acquirers or investors
If we are involved in a merger, acquisition, or sale of all or a portion of our assets, you will be notified via email, account message and/or a prominent notice on our website of any change in ownership or uses of this information, as well as any choices you may have regarding this information.6. Data Storage, Security and transfer of data
6.1 Where is the data stored?
Information including without limitation, personal information is primarily stored on servers and systems located in the EU, which servers are licensed, owned, and/or maintained by or on behalf of Sample Solutions. We are using the Amazon AWS cloud with our website and platforms being hosted in either Frankfurt or Dublin.6.2 Security
Your personal information is treated as strictly confidential and we have taken appropriate technical and organizational security measures against loss and unlawful processing of such information. As a company that works in this field, Sample Solutions highly values system security and data safeguard. Our systems require identity assurance, visible trust, and strong protection and therefore Sample Solutions security policies include data encryption, pseudonymization, firewalls, malware protection, intrusion detection, safe data storing, SSL security certificates and reliable web hosting. Sample Solutions is ISO 27001 certified and receives a yearly audit on data security and data protection as well. Please be aware that, although we endeavour to provide reasonable security for information we process and maintain, no security system can prevent all potential security breaches.6.3 Transferring data
Market research is a tool used by all sorts of organizations to obtain feedback from customers, members, potential customers and other stakeholders and our main goal is to provide sample and services to support the market research industry and give an extensive range of services from sample delivery to data collection, analysis, and research delivery to bring our customers fresh marketing insights. The information collected in a research context may be used to plan new products or services, gauge customer/member satisfaction, measure awareness of products or services, or to test reaction to products, services or communications. We may occasionally collect information that is legally considered more sensitive i.e. “Sensitive Personal Information”. In such instances, we will fully comply with legal restrictions on the collection, storage, use and transfer of such information. In some circumstances, in order to gain your participation in Internet-based, telephone or in person survey research, we may transfer your name and email address or your name and telephone number to a marketing research field service facility, or to a company that operates an Internet-based research platform. Before doing so we will ensure that the third party provides and agrees in writing to provide an adequate level of protection and will not use it for any other purpose. All of our data is delivered via our own platform where we host the data on a dedicated server. You may withdraw your consent to processing your personal data at any time by contacting us using the details below. Links to Other Sites Our service may contain links to other sites. If you click on a third-party link, you will be directed to that site. Note that these external sites are not operated by us. Therefore, we strongly advise you to review the Privacy Policy of these websites. We have no control over and assume no responsibility for the content, privacy policies, or practices of any third-party sites or services.7. Client information
We treat all information we receive from clients as confidential and do not use the information for any purpose other than to fulfill our obligations to them. We keep client information secure at all times and prevent the misuse and unauthorized disclosure of it by our employees or any third parties.8. Children and minors
Our site and services are directed to the general public. We do not knowingly collect Personal Information from children under sixteen years of age.9. How long do we retain Personal Information?
We will retain your Personal Information for the period necessary to fulfill the purposes for which it was collected and as required for business or legal purposes unless a longer retention period is required or permitted by law. If you withdraw your consent to our processing your personal data, we will delete the personal data concerned at that point and will not keep a copy of it. Your right to withdraw your consent is dealt with in more detail below.10. Conditions for consent
Where processing is based on consent, the data subject shall have the right to withdraw his or her consent at any time. The withdrawal of consent shall not affect the lawfulness of processing based on consent before its withdrawal. You may withdraw your consent for us to collect, use or disclose your personal data by giving us written notice via the web form on the Claim GDPR out-out Page.FAQ
11. Which rights do I have as a data subject?
You always have the following rights set forth under the applicable law:- The right to get transparent information about the processing of your Personal Information;
- The right to get access to your Personal Information.
- The right to rectify inaccurate Personal Information concerning you and to get information about any rectification.
- The right to erase Personal Information concerning you and to get information about any erasure.
- The right to restrict the processing of Personal Information concerning you and to get information about any restriction.
- The right to receive Personal Information you provided to us (and which concerns you) and transmit this received Personal information to another provider.
- The right to object to any data processing that is based on our legitimate interest.
- The right not to be subject to a decision solely based on automated processing including profiling.
12. Can I see and/or correct information about me?
Yes, you can. We allow individuals to see and correct the data we have about them. Please contact us via the web form on the Claim GDPR out-out page.13. How can I access my information?
You may access the information we collect from or about you in order to review, edit or delete such information, or you may exercise your right to opt-out from communications from Sample Solutions, by sending a request through the Claim GDPR out-out Page.14. How can I opt-out?
You may opt-out by:- Clicking on the unsubscribe link contained in any e-mail communication received from Sample Solutions.
- Sending a request through the Claim GDPR out-out page.
- Using the SMS opt-out through our platform.
- Comply with a legal obligation.
- Protect or defend our rights, interests or property or that of third parties.
- Prevent or investigate possible wrongdoing in connection with the services.
- Act in urgent circumstances to protect the personal safety of users of the services or the public.
- Protect against legal liability.
16. Does using Sample Solutions mean that I have a “legitimate interest” to reach out to EU Data Subjects?
Unfortunately the answer is no. You are ultimately responsible for how you use data collected from its own customers or from a 3rd party vendor, such as Sample Solutions. It remains the responsibility of a customer, as the data controller, to ensure that it has a legal basis to use that information and any required consent to send marketing, market or social research or other communications to the individual. We rely on our Customers to adhere to their own responsibilities as far as how they communicate with customers/prospective customers.17. For residents of California
Your Rights Under the California Consumer Protection Act of 2018 (“CCPA”) Pursuant to the California Consumer Protection Act of 2018 (“CCPA”), and subject to certain exceptions and limitations, Californians can contact Sample Solutions to exercise the rights described below with respect to certain personal information that Sample Solutions holds about them. To the extent those rights apply to you, they are described below. Sample Solutions also handles certain personal information on behalf of Sample Solutions customers. You should contact those customers to exercise any rights you may have with respect to that personal information. Right to Know About Personal Information Collected, Disclosed, or Sold You have the right to request that we provide you with details about the personal information we collect, use, disclose and sell. You can submit a verifiable consumer request by contacting us via the Claim GDPR out-out page. Sample Solutions reserves the right to verify your identity to our satisfaction, including by asking you to log into your account if you have one. You are entitled to receive the following:- The categories of your personal information that Sample Solutions has collected in the preceding twelve months.
- The categories of sources from which that information was collected.
- The business/commercial purpose for the collection or selling.
- The categories of third parties with whom Sample Solutions shares personal information.
- The specific pieces of personal information Sample Solutions has collected about you (subject to some exceptions).
- Because Sample Solutions has disclosed or sold (as those words are defined in the CCPA) personal information to third parties in the last twelve months, you are also entitled to receive the categories of personal information that Sample Solutions has disclosed or sold in the past twelve months.
- Telephone number(s) (including home, cell, and/or business telephone numbers).
- Demographic information.
- Undertaking internal research for technological development and demonstration.
- Undertaking activities to verify or maintain the quality or safety of services and devices, and to improve, upgrade, or enhance services and devices; and
- Facilitating the operational purposes of Sample Solutions or our service providers.
- Categories of Personal Information that May Have Been Sold. Sample Solutions sold all of the above categories of personal information in the last twelve months.
- Categories of Personal Information that Were Disclosed.
