Consent for conducting and analyzing Customer Research Activities
We, emnify GmbH, a German limited liability company with registered seat at Landsteinerstr. 4, 97074 Würzburg, Germany (“emnify”) conduct Customer Research Activities in order to improve our customers experiences regarding the use of our software (“Customer Research Activities”).
Customer Research Activities may include video recorded 1-on-1 interviews, diary studies, unmoderated usability tests, surveys, etc. Your participation in the Customer Research Activities is voluntary and you may revoke your given consent at any time.
The Customer Research Activities are used for research purposes. Some of the Customer Research Activities, such as, however not limited to, 1-on-1 interviews and unmoderated usability tests will be recorded, transcribed and analyzed. This will include the processing of your personal data such as full name, function, employer company, role/job title, company e-mail address, , location (country), and industry, as well as any opinions or insights given during the interview.
Participation in Customer Research Activities may include access to or use of software, products, features, and services that are still under development and not fully available to the market (“Beta Features”). Beta Features may contain errors, defects, failures, or limited functionality. emnify provides no warranties whatsoever regarding Beta Features and shall not be liable for any direct or indirect damages or losses resulting from the use of Beta Features. Moreover, Beta Features may only be available for a limited time. emnify may change or withdraw Beta Features without advanced notice, and there is no guarantee that Beta Features will be available to Customer Research Activity participants on an ongoing basis or released to the market.
Customer Research Activities may lead to the creation of new data, information, or intellectual property related to emnify’s business, products, services, hardware, software, or operations (collectively, “New IP”). All New IP shall be the exclusive property of emnify. Similarly, Beta Features and the Customer Reseach Activities themselves shall remain the exclusive Intellectual Property of emnify.
We use the services provided by Maze.Design Limited, located at 5th Floor, 167-169, Great Portland Street, London, England, W1W 5PF, in order to conduct the Customer Research Activities, such as, however not limited to, unmoderated usability tests for capturing video or audio of your actions or perceptions, as well as software screens during the Customer Research Activities. We also use the services provided by Dovetail Research Pty. Ltd., located in Sydney, Australia to transcribe the results of the Customer Research Activities. Furthermore, we use Microsoft Teams, a service provided by Microsoft Ireland Operations Limited, One Microsoft Place, South County Business Park, Leopardstown, Dublin 18, Ireland in order to conduct 1-on-1 interviews.
Within the scope of the Customer Research Activities, emnify may provide you with confidential information concerning its past, current, or potential future services. You hereby warrant that you will treat the information and any other papers, documents, details of names, or figures related to emnify, provided by emnify in writing or otherwise (the “Information”), as confidential, in so far as this information (i) is not already or becomes accessible to the public other than as a result of disclosure by you or your Representatives (as defined below) in breach of this undertaking or any other confidentiality undertaking known to you or (ii) has already come or will come to your knowledge and/or your Representatives through another source provided that such source was not known by you to be bound by any agreement with emnify to keep such information confidential. The confidentiality obligation remains in force for five years after the given consent date. You may give the Information to advisers as far as these are legally bound not to disclose confidential information (collectively, “Representatives”). The Recipient will ensure that the Representatives accept the duties arising from this obligation of confidentiality to the benefit of emnify and recognise this as legally binding. This declaration of confidentiality does not apply where the obligation to pass on or make known Information is required by law, regulation, a legal, judicial, or administrative order or is requested or required by any governmental or regulatory authority. Except in the case of regulatory inquiry or examination, and otherwise to the extent practical and permitted by law, you undertake that should emnify so request, you will make known at any time and in due course the authorities and persons to whom in this respect information regarding emnify has to be conveyed.
emnify reserves the right to break off the Customer Research Activities at any time. In this case, you will return all of the Information you have received to emnify, as far as is legally and practically possible. Furthermore, emnify does not give any warranty or makes any representation as to the accuracy or otherwise of the Information.