Shopper Thoughts Terms & Conditions


WHO WE ARE AND WHO THESE TERMS AND CONDITIONS APPLY TO

Welcome to Shopper Thoughts!

Shopper Thoughts is operated by dunnhumby (Malaysia) Sdn Bhd (dunnhumby, we, us or our). dunnhumby is part of a larger group of companies so when we say “group” we mean our parent company dunnhumby Limited, its subsidiaries and their own subsidiary undertakings, including dunnhumby and our joint venture companies.

These Terms & Conditions govern our relationship with members of Shopper Thoughts and other users of our sites. By "sites" we mean the Shopper Thoughts website and any Shopper Thoughts applications. Please take time to understand these Terms & Conditions as your continued use of our sites indicates your acceptance of these Terms & Conditions as they may be amended by us (see “changes to these terms and conditions”).

PRIVACY Go to top

Personal information (e.g. your name, address, email address) that you share with us under Shopper Thoughts is subject to our Privacy & Cookies Policy, the terms of which form part of these Terms & Conditions. Please review our Privacy & Cookies Policy to understand our practices as your continued use of our sites indicates that you accept the Privacy & Cookies Policy whether as a visitor to our site or as a member of Shopper Thoughts.

You should be aware that any personal information you submit as a contribution to Shopper Thoughts in a forum viewed by others may become publically available. We are not responsible for the personal information that you choose to include in such submitted content.

SHARING YOUR CONTRIBUTIONS & OTHER CONTENT Go to top

In addition to the personal information, you may share other information in connection with Shopper Thoughts. As a member of Shopper Thoughts you may be invited to participate in questionnaires, telephone interviews, polls, focus groups, peer-to-peer chat communities and other research activities (“surveys”).

By submitting answers to surveys, or other ideas, suggestions or comments ("contributions") to Shopper Thoughts via our sites or other sites that you choose to link to your Shopper Thoughts account or that can be viewed by the public, you acknowledge and agree that: (a) your contributions do not contain confidential or proprietary information; (b) we are not under any obligation of confidentiality (express or implied) with respect to your contributions; (c) we and our clients can use or disclose (or choose not to use or disclose) your contributions for any purpose, in any way, in any media worldwide; and (d) you are not entitled to any compensation or reimbursement of any kind from us or any of our clients under any circumstances.

By posting contributions to our sites or on third party sites that you choose to link to your Shopper Thoughts account or that can be viewed by the public, you represent that you own or have the right to use all of the content and information you post. Although you will continue to own your contributions, when you publish content or information to the sites, you agree not to use it for commercial purposes and you are allowing us and our clients to access and use that information. For content that is covered by intellectual property rights (like photos and videos) you grant us a non-exclusive, sub-licensable, royalty-free, worldwide license to use this content in connection with Shopper Thoughts and our client’s own marketing communications. For example, our client could create an ad using content that you have placed on our sites.

You, and not us, are entirely responsible for all contributions that you upload, post, email, transmit or otherwise make available via Shopper Thoughts.

We do not have an obligation to review the contributions posted to our sites, but you understand that we may refuse to post or remove any of your contributions at our sole discretion.

THIRD PARTY WEBSITES Go to top

Our sites include links to other material or websites which are operated by third parties (such as Facebook, Twitter or our clients) and which we do not control. We are not responsible for the content on these websites or materials or any loss or damage that you suffer by accessing them. We suggest that you take some time to familiarise yourself with the terms and conditions and policies of any third party websites you access from our sites.

YOUR COMMITMENT TO OTHER PEOPLES’ RIGHTS Go to top
We respect other people's rights, and expect you to do the same. We need your help to keep our site safe, which includes the following commitments by you:
  1. You will not knowingly interfere with anyone else’s use or enjoyment of the sites or their personal computer equipment.
  2. You will not post content that is of a hoax, nuisance, abusive, indecent, obscene, defamatory, menacing, offensive or otherwise illegal nature.
  3. You will not post content which infringes or violates the rights (such as the intellectual property rights) of another person or otherwise violates the law.
  4. You will not post unauthorised commercial communications on the sites or use (or license others to use) any content posted to the sites (including your own) for any commercial purpose.
STAYING SAFE & SECURE ONLINE Go to top

Once you become a member of Shopper Thoughts you will have an account and login details. You are responsible for maintaining the confidentiality of your account details and staying safe online. It is therefore your responsibility to make sure that your passwords and PIN numbers are kept secret and strictly confidential. We cannot be responsible for any loss or damage that you suffer as a result of someone else accessing them until we are notified that such activity is being engaged in without your consent. You agree to immediately notify dunnhumby of any unauthorised use of your password or PIN number or any other breach of security you may know about. Furthermore you are responsible for all posts and all other activities conducted under your account.

We recommend that you protect your equipment when you use our sites. We take reasonable measures to keep our sites free from viruses and defects but we cannot guarantee that use will not result in damage to your hardware, software or any data associated with them.

INTELLECTUAL PROPERTY Go to top

Your use of our sites or being a member of Shopper Thoughts does not give you the right to access or download any information we post to our sites which shall remain our and our licensors intellectual property.

Where we state that content is available for download, you may download a single copy for your own personal non-commercial use. This is provided that you keep intact all of the copyright (©) and proprietary notices, do not make any modifications to the content, and do not use the content to associate yourself with us, our group or any products or brands involved in Shopper Thoughts.

These Terms & Conditions do not grant you any licence to use any intellectual property (including our name or logo) of dunnhumby or our group.

FREE SAMPLES Go to top

From time to time we may send you a free sample of a product to try before participating in a survey. If we do so, we make all attempts to ship products in an effective and timely manner, but we cannot guarantee the condition of the packaging of the products or a specific timeframe due to the nature of the shipping and fulfilment industry.

PRODUCTS NOT INTENDED FOR RESALE Go to top

Any product, service, coupon or voucher offered by us or any of our clients are not intended for resale. Any violation (as determined solely by us) of this provision by a member may result in removal from the applicable survey or termination of your membership.

OUR LIABILITY Go to top

PLEASE READ THIS SECTION CAREFULLY BECAUSE IT LIMITS THE LIABILITY OF DUNNHUMBY, OUR GROUP AND OUR AFFILIATES, RELATED COMPANIES, OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, REPRESENTATIVES, PARTNERS, AND LICENSORS (“SHOPPER THOUGHTS ENTITIES”). THE LAWS OF SOME COUNTRIES DO NOT ALLOW SOME OR ALL OF THE LIMITATIONS DESCRIBED BELOW. NOTHING IN THIS SECTION IS INTENDED TO LIMIT ANY RIGHTS YOU MAY HAVE WHICH MAY NOT BE LAWFULLY LIMITED.

WE WILL NOT BE LIABLE TO YOU FOR:
  1. ANY LOSS OF INCOME, BUSINESS OR PROFITS, GOODWILL, USE OR LOSS OR CORRUPTION OF OR DAMAGE TO DATA, INCLUDING (BUT NOT LIMITED TO) DAMAGES RELATING TO OUR MISUSE OF MEMBERS' OR USERS' PERSONAL INFORMATION;
  2. ANY LOSS OR DAMAGE WHICH WAS NOT CAUSED BY OUR BREACH OF THESE TERMS OF USE OR BREACH OF OUR LEGAL DUTY OF CARE;
  3. ANY LOSS OR DAMAGE WHICH WAS NOT A REASONABLY FORESEEABLE RESULT OF EITHER OUR BREACH OF THESE TERMS & CONDITIONS OR BREACH OF OUR LEGAL DUTY OF CARE. LOSS OR DAMAGE IS "REASONABLY FORESEEABLE" IF PRIOR TO YOU ACCESSING THIS SITE SUCH LOSS WAS EITHER (I) CONTEMPLATED BY YOU AND BY US, OR (II) YOU NOTIFIED US THAT THE LOSS MAY OCCUR IF WE BREACHED THESE TERMS OF USE OR OUR LEGAL DUTY OF CARE; OR
  4. ANY LOSS OR DAMAGE SUFFERED BY YOU AS A RESULT OF YOU FAILING TO TAKE REASONABLE PRECAUTIONS AGAINST SUCH LOSS OR DAMAGE, SUCH AS THROUGH INSTALLATION OF ANTI-VIRUS SOFTWARE.
  5. IN RESPECT OF MEMBERS AND USERS WITHIN THE EU ONLY, NOTHING IN THESE TERMS OF USE EXCLUDES OR LIMITS OUR LIABILITY FOR FRAUD, DEATH OR PERSONAL INJURY CAUSED BY OUR NEGLIGENCE OR ANY LIABILITY WHICH MAY NOT BE EXCLUDED OR LIMITED UNDER ANY APPLICABLE LAW.

    IF YOU REQUIRE MORE INFORMATION ON YOUR LEGAL RIGHTS, YOU SHOULD CONTACT YOUR LOCAL TRADING STANDARDS OR CONSUMER PROTECTION ORGANISATION.

YOUR RESPONSIBILITY DURING A CLAIM Go to top

You agree to co-operate and assist us in defending any claim brought against us by a third party that arises from your breach of these Terms & Conditions and you will allow us to handle any such claim.

CHANGES TO THESE TERMS & CONDITIONS Go to top

Sometimes we might need to change these Terms & Conditions. If we do, then we will let you know by posting a notice on our sites. If you don’t agree with the changes, then please do not visit or use the sites again (see “Termination” for how to terminate your participation as a member). By continuing to use our site following changes to the policies you indicate your consent to the modified terms of use.

CHANGES TO SHOPPER THOUGHTS Go to top

Occasionally we may need to modify, add to or withdraw Shopper Thoughts surveys, content on our sites, or other aspects of Shopper Thoughts. We reserve the right to do this without any liability to you.

INTERNATIONAL USE Go to top

We strive to create a global Shopper Thoughts with consistent standards for everyone, but we are also committed to respecting local laws.

You acknowledge and consent that your personal information may be sent to a location which may not afford the same legal protections to personal information as the country in which you live. We will take all necessary measures to ensure that your personal information has adequate legal protections in place at all times.

To participate in Shopper Thoughts you must be resident in Malaysia. We make no representation that Shopper Thoughts, any products or other materials available through our sites are appropriate or available for use in other countries. If you do choose to access our sites from other countries, you do so on your own initiative and are responsible for compliance with local laws.

ELIGIBILITY Go to top

You must be 18 years of age or older to be a member of Shopper Thoughts in Malaysia.

We have the right to determine which members are eligible to participate in Shopper Thoughts and any of the surveys we offer. We can also remove a member from Shopper Thoughts or a survey at any time for any reason.

Only one registration for Shopper Thoughts is allowed per household, unless you are members of different loyalty programmes associated with Shopper Thoughts in which case each person holding a different loyalty card may register.

TERMINATION Go to top

You may terminate your participation as a member at any time, for any reason, by visiting the “my preferences” page. We may terminate you as a member for any reason, at any time.

Our agreement with you under these Terms & Conditions is in full force and effect while you visit the sites and/or are a member of Shopper Thoughts and continues to be so even after your participation ends or is terminated.

SPECIAL PROVISIONS ON ACTIVITY-BASED BENEFITS Go to top

dunnhumby will determine which, if any, benefits a member is eligible to receive in our sole discretion.

Members can earn Shopper Thoughts points for participating in certain activities.

Once you have collected 1000 Shopper Thoughts points (or such other amount as we decide) they will be converted into a voucher redeemable against a choice of high street and or leisure vouchers. You may also choose to convert your Shopper Thoughts points into a cash contribution that we will make on your behalf to a charity of our choice. We publish the contributions we make to charity on behalf of members on the site.

dunnhumby does not warrant or represent that members will earn any specific number of Shopper Thoughts. dunnhumby reserves the right to cease offering Shopper Thoughts at any time or to otherwise vary the terms on which Shopper Thoughts are accumulated or Shopper Thoughts points are redeemed upon notice to you.

DUNNHUMBY MAKES NO REPRESENTATIONS OR WARRANTIES, EXPRESS OR IMPLIED, WITH REGARD TO:

  1. ANY MERCHANDISE OR SERVICES OBTAINED BY MEMBERS THROUGH THE REDEMPTION OF ANY VOUCHERS OR OF SHOPPER THOUGHTS POINTS;
  2. ANY SPECIFIC PRODUCTS OR SERVICES BEING AVAILABLE FOR REDEMPTION; NOR
  3. THE TERMS ON WHICH SHOPPER THOUGHTS POINTS ARE REDEEMED.

ONLY THOSE GUARANTEES, WARRANTIES AND REPRESENTATIONS, IF ANY, OFFERED BY RETAILERS, MANUFACTURERS OF MERCHANDISE OR SUPPLIERS OF SERVICES MAY BE RELIED UPON BY MEMBERS.

SPECIAL PROVISIONS ON PRIZE DRAWS Go to top

Prize draws sponsored by us or our clients may be made available to members on our sites. Please see our Privacy & Cookies Policy for information on how we use data collected from these activities.

Unless otherwise stated in the terms and conditions of entry of a specific prize draw which are made available to you before or at the time of entering that prize draw, the below terms will apply to prize draws made available on our sites:

Each time you respond to a survey offering a prize draw or recommend a friend in a calendar month you will be entered into that month's prize draw. The closing date for each prize draw is midnight on the last day of the relevant calendar month. There is a first prize of [ ] Shopper Thoughts points, and 5 runners up prizes of [ ] Shopper Thoughts points. No cash alternative to the prizes will be offered.

The winner/runners up will be drawn at random by an independent person. The winner/runners up will be notified by email within 14 days of the draw. We reserve the right to re-draw the prizes if the winners/runners up cannot be contacted within a reasonable period of time (as determined by us). The winner/runners up will be announced on the Shopper Thoughts website and in the regular Shopper Thoughts newsletter unless a winner/runner up has opted out of having his/her name published.

If prizes are awarded as Shopper Thoughts points, the member will receive an email about converting those points into a voucher in the month following the announcement of the winner/runners up.

APPLICABLE LAW Go to top

These Terms & Conditions shall be governed by and construed in accordance with the laws of Malaysia and any disputes will be decided only by the Malaysian courts.

QUERIES Go to top

If you have queries about these Terms & Conditions you can contact us by e-mailing us at support@shopperthoughts.my.

Cookies Notification Go to top

We use cookies to collect information about the way our website is used and to improve your experience of our website. By continuing to use the site you agree to our use of cookies. Find out more.

Shopper Thoughts Privacy Notice | the short version…Go to top

dunnhumby (Malaysia) Sdn Bhd (dunnhumby, we, us or our) is committed to protecting your privacy and personal information.

Your privacy and the trust you place in us when you provide your personal information is important to us. This page aims to answer questions you may have about how we collect, use and protect your personal information including letting you know about cookies. The full version is also important for you to read and understand and is set out in our full Privacy & Cookies Policy.

What information do we collect? Go to top

When you register as a member of Shopper Thoughts or interact as part of the Shopper Thoughts community we will receive personal information about you. We will collect information if you give it to us directly, for example when you fill in the registration section of the site or answer survey questions. We will also receive information about you if you choose to share it with us via other websites (such when you connect through Facebook or Twitter) or if you provide it to another company who supplies us with personal information.

How do we use your information? Go to top

We may use your personal information for reasons such as shipping product samples to you for a survey, understanding which surveys might be most relevant to you and evaluating surveys. You can read more reasons why we collect your personal information within our Privacy Policy. We may share your personal information with other companies that are part of our group of companies so that they can provide you with products and services that are more likely to be suited to you. dunnhumby is part of a larger group of companies so by “group” we mean our parent company dunnhumby Limited, its subsidiaries and their own subsidiary undertakings, including dunnhumby and our joint venture companies. There are also limited circumstances where we might share information outside of our group, such as where we share your contact details with our clients or fulfilment partners so that they can ship items to you directly or for certain surveys when you have given us your consent to share your information with our clients so that they can provide you with products, services and advertisements that are more likely to be suited to you.

By subscribing to and using our services, you acknowledge and consent that your personal information may be sent to a location which may not afford the same legal protections as the country in which you live. We will take all necessary measures to ensure that your personal information has adequate legal protections in place.

What choices can I make regarding my personal information? Go to top

When you sign up to Shopper Thoughts you are able to opt-in to certain communications from us (e.g. emails about surveys or special offers) and you can change your account preferences at any time if you change your mind.

We may ask you to opt into certain surveys. If you opt-in to a survey, we may share the results of your participation in the survey with our clients. However, in order to protect your privacy, before sharing we aggregate your survey results with other members so that your "personal information" is not identifiable to our clients.

For certain surveys we may ask for your consent to share your “personal information” with the retailer, merchandise manufacturer or other company identified in the survey. You can also ask us for a copy of the personal information we hold about you and let us know if you would like us to update your personal information in our records.

You can decide whether you want to receive cookies from us, or if you want to reduce the number of cookies you receive from us but if you disable cookies your user experience of our sites will be limited. For more information about cookies, please see our Privacy & Cookies Policy.

Who to contact Go to top

You can send an email to us at support@shopperthoughts.my

To help us in dealing with your request, please provide your full name and details of your query.