Conditions of participation and data protection information for product investigations
(from 08.10.2019)
1. Subject matter
1.1 These terms and conditions of participation and data protection information govern the registration and participation of participants in tests of products of Li-iL GmbH Arzneimittel Arzneibäder, Leipziger Straße 300, 01139 Dresden (hereinafter referred to as "Li-iL") as well as the collection and use of the data collected or provided by the participants.
1.2 By registering to participate in product studies, participants accept these conditions of participation.
2. Eligibility to participate
2.1 Persons who are resident in Germany are eligible to participate. Registration and participation is only permitted if the participant is of legal age and has unlimited legal capacity. Minors are not permitted to register.
2.2 Employees of Li-iL are excluded.
3. Processing
3.1 In order to participate in a Li-iL product survey, you must first register. This takes place via an initial questionnaire provided on the Li-iL website, which is linked to in the calls for participation in a product survey (e.g. on the website or a Li-iL company presentation in social networks).
3.2 The participant is then asked to answer the questions listed in the initial questionnaire and to provide their contact details consisting of their name, address and e-mail address. The participant can recognise any input errors in the respective fields and correct them there directly. If the information is complete and correct from the participant's point of view, it will be sent to Li-iL after clicking the "Register" button. Before doing so, the participant must confirm that he/she agrees to these conditions of participation.
3.3 The participant's registration is generally limited to the specific product test advertised.
3.4 Li-iL shall, at its own discretion, select the desired number of persons from the registered participants to take part in the respective product investigation. There is no entitlement to participate in a product test organised by Li-iL.
3.5 The selected participants will then receive the product to be tested at Li-iL's expense as well as the access data for the evaluation form provided by Li-iL via the Internet. Participants will then be asked to use the product to be tested within the specified test period in accordance with the instructions for use provided by Li-iL on the packaging or container and any additional information provided by Li-iL when the product is sent, and to answer the questions on the evaluation form online. The information provided by the participant will be collected and analysed anonymously; the participant's access data will not be stored. Likewise, the participant's details from the evaluation form will not be merged with personal data; a personal evaluation will therefore not take place.
3.6 If the participant wishes to receive a product package, they will be asked to provide their e-mail address at the end of the questionnaire. In this case, the participant's details from the evaluation form will be merged with personal data; however, a personal evaluation will not take place.
3.7 Participants agree that their details from the online questionnaire may be analysed anonymously by Li-iL and used for the purposes of Li-iL's own product development and promotion. Participants therefore agree to their testimonials being used in full or in part commercially online and in print media of the Dresdner Essenz brand without any change to the content of the testimonial. The publication of testimonials is anonymous.
4. Liability
4.1 The following exclusions and limitations of liability apply to Li-iL's liability for damages, notwithstanding the other statutory requirements for claims in accordance with this section 4.
4.2 Li-iL is liable without limitation insofar as the cause of the damage is based on intent or gross negligence.
4.3 Furthermore, Li-iL shall be liable for the slightly negligent breach of material obligations, the breach of which jeopardises the achievement of the purpose of the contract, or for the breach of obligations, the fulfilment of which is essential for the proper performance of the product investigation and on the observance of which the contractual partners regularly rely. In this case, however, Li-iL shall only be liable for foreseeable damage typical of the contract. Li-iL shall not be liable for the slightly negligent breach of obligations other than those specified in the above sentences.
4.4 The above limitations of liability do not apply in the event of injury to life, limb or health, for a defect following the assumption of quality guarantees for the quality of a product and in the event of fraudulently concealed defects. Liability under the Product Liability Act remains unaffected.
4.5 Insofar as the liability of Li-iL is excluded or limited, this also applies to the personal liability of employees, representatives and vicarious agents of Li-iL.
5. Data protection information
5.1 Li-iL collects and uses participants' data only to the extent permitted by law or with the participants' consent.
5.2 The following data is collected and stored by Li-iL from participants as part of the registration process for a product test and is used exclusively to carry out and process product tests: name, address, e-mail address. The data will not be passed on to third parties.
5.3 Upon written or text-based request, participants may request information from Li-iL at any time about which personal data is stored by Li-iL, may request its correction and deletion and may revoke their consent to the use of data.
6. Repetition of declarations of consent
The participant may have expressly given the following consent to Li-iL and Li-iL has recorded the consent accordingly. According to the German Telemedia Act, Li-iL is obliged to keep the content of consents available for retrieval at all times. The participant can revoke his/her consent at any time with effect for the future.