Terms & Conditions
Introduction
These terms and conditions govern the relationship between Pnyx Digital (Private) Limited, a company duly incorporated in Sri Lanka and registered under the Companies Act No.7 of 2007 bearing Registration No: PV00279663 and located at 167, Castle Street, Colombo 08 (“Pnyx”), who owns the PNYX mobile application (“App”) and You (“user”/ “surveyor”/ “respondent”) concerning the use of the App. By signing in and continuing to use the App, you agree to bound by these terms and conditions.
User Accounts
- Registration: To use the App, you are required to register an account. You agree to provide accurate and up-to-date information when creating the account.
- Account Security: You are responsible for maintaining the confidentiality of your account credentials and for all activities that occur under your account. Notify us immediately of any unauthorized use of your account.
- User ID: Respondents will be provided with a system-generated User ID, which will be used in the respondent database.
User-Generated Content
- Surveyors are permitted to upload and post their content, materials and graphics necessary for the survey in accordance with the Community Guidelines.
- Surveys created by surveyors will be activated once system approval is granted and the cost of survey, as calculated by the system, is paid. System approval will be granted based on the Community Guidelines.
Surveyor responsibilities
- Subject to these terms and conditions, surveyors can create and edit surveys within the App. Surveys must comply with all applicable laws and must not infringe third-party rights.
- Pnyx shall not be liable to You for any liability, loss or damage on any reliance that you have placed on any responses provided by respondents in a survey.
Respondent responsibilities
- Participating in a survey by a respondent is strictly on a voluntary basis. By choosing to undertake a survey and submitting responses, respondents agree to allow the surveyors to use the provided information in accordance with their respective privacy policies, if there are any, and/or other survey conditions.
- Pnyx shall not be liable to You for any liability, loss or damage on how the surveyors use the information that you have provided in the survey.
Content
- Surveyors must ensure that their surveys do not contain offensive, defamatory, harmful, or illegal materials and comply with the Community Guidelines of Pnyx.
- Pnyx reserves the right to remove any content that violates the Community Guidelines or is deemed illegal.
Data Collection and Privacy
- Pnyx shall collect, store and use your personal data for the sole purpose of ensuring the effectiveness of services provided by the App. By using the App, you acknowledge that you have read and understood the data protection notice of the App.
- The data protection notice provides further information about data collection, retention and usage through the App.
Intellectual Property
- All content, trademarks, and other intellectual property rights in the App, excluding user-generated content, are owned by Pnyx and/or licensed to Pnyx. You shall not use, reproduce and distribute any of these without the prior written consent of Pnyx. You are granted a limited, non-exclusive, non-transferable license to use the App during such time you maintain an active user account in the App.
- You shall not copy, modify, distribute, sell, reverse engineer or lease any part of the App or its content without prior written consent of Pnyx.
- Surveyors retain ownership of the content of the surveys they create, subject to the right of Pnyx to remove such content in case of a violation of these terms and conditions and/or the Community Guidelines.
Payments and Rewards
- Surveyors are required to pay the publishing fee of the survey, as calculated by the system, using the payment methods available in the App. The survey will not be activated unless the payment has been made in due time. The publishing fee is calculated per question in a survey and the number of filters used for Respondent selection. This fee per question shall be decided at the sole discretion of Pnyx.
- The publishing fee paid by surveyors through the App are final and non-refundable, except where the respondents have either rejected or have not completed the survey. In such a situation a pro-rated amount will be refunded to the surveyor.
- Respondents may receive rewards, payments or incentives for each survey they undertake subject to fulfillment terms outlined in each survey. Payments, rewards and incentives shall be processed through Pnyx. Pnyx shall send the reward, payment or incentive to the respondent using the method agreed upon between Pnyx and the respondent. Pnyx reserves the right to determine the rate for any reward, payment or incentive at its sole discretion.
- In the event of a respondent’s account termination, any rewards, payments or incentives due to that respondent shall not be processed by Pnyx from the effective date of termination.
- These payments shall not be refunded in the event of a surveyor’s account termination.
- Respondents will be allowed to redeem the rewards in multiple methods, some involving third party processing, Pnyx will not be responsible for any loss, damage of rewards caused by the third party handling or processing the rewards.
Termination
- Pnyx reserves the right to terminate or suspend your account and/or access to the App at any time, for any reason, including violations of the terms and conditions of this agreement. Upon termination, you will no longer have access to your account, and any content or data associated with your account may be deleted or retained in accordance with the data protection notice.
- You may also terminate your account at any time by following the instructions in the App.
Disclaimer
- The App is provided “as is” and “as available” without warranties of any kind, either express or implied. Pnyx do not warrant that the App will be uninterrupted, error-free, or secure.
Limitation of Liability
- To the fullest extent permitted by law, Pnyx will not be liable for any direct, indirect, incidental, consequential, or punitive damages arising out of your use or inability to use the App. This includes, but is not limited to, loss of data, loss of rewards, or any harm caused by survey content. Pnyx will not be liable for any unauthorized access, alteration, transmission, deletion or disclosure of your data that occurs beyond the reasonable control of Pnyx.
Governing Law
- The agreement shall be governed and construed in accordance with the laws of Sri Lanka.
Dispute resolution
- In the event of any dispute, or claim arising out of or relating to these terms and conditions or the use of the App, the parties shall first attempt to resolve the matter amicably through good faith negotiations. Either party may initiate this process by providing written notice to the other party outlining the nature of the dispute and the desired resolution.
- Failing to reach an amicable settlement within 30 days, the Parties may refer the dispute or claim to be resolved by a competent court in Colombo.
Changes to Terms
- Pnyx has the right to change, modify or revoke any term of this agreement at any time and such change, modification or revocation shall be notified to the user through the App.
- Continued use of the App following the change, modification or revocation shall be construed as acceptance of such change, modification or revocation by the user.
Contact Information
For any queries or concerns about these terms and conditions, please contact us at info@pnyxdigital.lk or Pnyx Digital (Pvt) Limited, 167, Castle Street Colombo 08, Sri Lanka.
Privacy Policy (Data Protection Notice)
1. Introduction
At PNYX, we are committed to protecting and respecting the privacy and personal data of our users, including both Surveyors and Respondents.
This Privacy Policy or Notice explains how we collect, use, store, process and protect your personal data in accordance the Personal Data Protection Act, No. 9 of 2022 (‘PDPA’).
2. Data Controller
Pnyx Digital (Private) Limited, a company duly incorporated in Sri Lanka and registered under the Companies Act No.7 of 2007 bearing Registration No: PV00279663 and located at 167, Castle Street, Colombo 08, is the data controller responsible for determining the purposes and means of processing your data in connection with the use of the App.
3. Data We Collect
We may collect and process the following types of data:
- Respondent Data:
- Identity Data - Name, NIC/Passport number, Gender, Date of Birth, Civil Status, Nationality, Country of Residence, Religion, Ethnicity, System-generated User ID
- Contact Data - Email address, Contact Number, Address, Postal Code
- Biometric data - Height, Weight
- Other – Preferred Language, Geographical Data, Education, Occupation, Financial Income, Social Media data
- Surveyor Data:
- Identity Data - Name, Business Registration number, NIC/Passport number, Student/Journalist ID
- Contact Data - Email address, Contact Number, Address
- Other - Industry, Type of Business, Required Documents and Certified Copies, Institute, Program, Occupation
- Survey Data: Surveys created by Surveyors, Responses provided by Respondents
- Usage Data: Information about your interactions with the App, including device information, IP address, browser type, and app usage analytics.
- Payment Data: Financial details for processing payments and rewards.
4. How we process your data and how long we will keep that data
| Purpose of the Processing | Type of Data | Legal Basis to process the data | Retention Period | ||||
|---|---|---|---|---|---|---|---|
| To provide and manage access to the App | Identity Data, Contact Data | Consent For contract and/or pre-contractual arrangements between you and us. Legitimate interests pursued by us. | In so far as you retain the account with us. | ||||
| To effectively connect surveyors and respondents for survey participation | Identity Data, Contact Data, Biometric Data, Other Data | Legitimate interests pursued by us. For the performance of any contract between you and us. | In so far as you retain the account with us. | ||||
| To process payments and rewards | Identity Data, Contact Data, Payment Data | Consent. Legitimate interests pursued by us. For the performance of any contract between you and us. | In so far as you retain the account with us. | ||||
| To ensure compliance with legal obligations and enforce our Terms and Conditions | Identity Data, Documents and Certified Copies, Survey Data | To comply with any legal obligation imposed upon us by law. Any legitimate interests pursued by us. For the establishment and defense of any legal claims. | In so far as you retain the account with us and for a period of 6 years from thereafter. | ||||
| To improve and optimize the functionality of the App and services provided by the App | Usage Data | For any legitimate interest pursued by us. For the performance of any contract between you and us. | For a period of 3 years from collection | ||||
| To efficiently respond to your queries and concerns | Identity Data, Contact Data | You consent | In so far as necessary to respond to your request, and for further 6 months thereafter in case of a follow up. | ||||
We retain your data only for as long as necessary to fulfill the purposes for which it was collected or as required by law. Once your data is no longer needed, it will be securely deleted or anonymized.
5. Data Sharing
We may share data of a Respondent with Surveyors such as Identity data, biometric data, and other data, excluding information that can directly identify you, such as your name or National ID/Passport number. Only data related to the filters used by the surveyor shall be shared.
We may share your personal data, payment data and usage data to the extent necessary, with;
- Service Providers: Third-party vendors who assist in app hosting, payment processing, or analytics.
- Government and Legal Authorities: When required by law or to protect our rights and legitimate interests.
We do not sell or rent personal data to third parties for marketing purposes.
6. Methods of collecting data
We collect your data through the following methods;
- Through information you provide when making the account and when setting up the profile tab of your account.
- Through information you provide when making queries regarding the App through the given contacting methods.
- Through automated technologies such as cookies when you interact with the App. This will be done upon your informed consent.
- Through third parties or publicly available sources such as public information made available by you on social media.
7. Data Security
We take the security of your data seriously. We have implemented appropriate technical and organizational measures and operational procedures to prevent any unauthorized access, alteration, transmission, deletion or disclosure of your data in line with industry best practices. This includes measures such as encryption, access controls and regular security audits.
8. Your rights relating to your data
You have the following rights under the Personal Data Protection Act, No.9 of 2022:
- Right of access to personal data: Request a copy of the personal data we hold about you.
- Right of withdrawal of the consent: Withdraw your consent at any time if the processing is based on grounds mentioned in the Act.
- Right to object to processing: Request to refrain from processing if the processing is based on grounds mentioned in the Act.
- Right to rectification or completion: Request correction of inaccurate or incomplete data.
- Right to erasure: Request erasure of your personal data in the circumstances given in the Act.
- Right to request to review a decision based solely on automated processing: Request to review a decision which has solely been made on automated processing without human intervention and which creates an irreversible impact on your rights and freedoms under any law.
- Right to appeal to the Data Protection Authority: Appeal to the Authority when your requests have been refused by us.
To exercise any of these rights, please contact us through the methods given in the contact section below.
9. Changes to this Privacy Notice
We may update this Privacy Notice from time to time. Any changes will be posted within the App. Continued use of the App following such changes indicates your acceptance of the revised Privacy Notice.
10. Contact us
If you have any queries or concerns about this Privacy Notice or would like to know more about the processing of your data or if you wish to exercise your data protection rights, please contact us at info@pnyxdigital.lk or Pnyx Digital (Pvt) Limited, 167, Castle Street Colombo 08, Sri Lanka.
Community Guidelines
1. Introduction
Welcome to PNYX. To ensure a positive and productive experience for everyone, please follow our community guidelines.
2. Be Respectful to Each Other
Treat all members with respect, whether you're a surveyor or respondent. Avoid abusive, discriminatory, or inappropriate language. Any form of harassment or hate speech, whether it is direct or indirect, will not be tolerated.
3. Honesty and Integrity
Users must provide accurate information when making their accounts and profiles. Surveyors must provide clear and truthful descriptions of surveys. Respondents must answer surveys honestly. Misleading responses could undermine the value of the platform.
4. Relevance and Participation in Surveys
Ensure that survey questions are relevant to the target audience. Respondents should only participate in surveys they are qualified for or interested in, providing relevant answers.
5. Privacy and Confidentiality
Respect the privacy of others. Surveyors and respondents should not share personal information obtained from the app with third parties without consent.
Data collection through surveys, as well as the usage and storage of such data, must be in compliance with applicable privacy laws and regulations including Personal Data Protection Act, No.9 of 2022.
6. Survey Content Guidelines
Surveys must be lawful, ethical, and appropriate for all audiences. The purpose and relevant information about the survey must be clearly communicated. All questions must contribute to the communicated purpose of the survey.
No offensive, inappropriate, discriminatory or unwelcome content is allowed in survey questions or responses. Avoid abusive, discriminatory, inappropriate or double entendre language. Surveyors should avoid overly intrusive or sensitive questions unless such questions are necessary for the survey and have been agreed upon by the respondents.
Survey content must not violate intellectual property rights of third parties.
7. Rewards and Transparency
Respondents should not attempt to manipulate or utilize the system to earn unfair rewards. Rewards are issued at the discretion of Pnyx which will be system generated and clearly indicated to respondents where applicable.
8. No Spamming or Solicitation
Do not use the platform to promote products, services, or other activities unrelated to the communicated purpose of the survey. Spamming or soliciting users for business or personal gain is prohibited.
9. Professional Conduct
Surveyors and respondents are encouraged to maintain a professional demeanor in all interactions. Rude or uncooperative behavior may result in account suspension or removal from the platform.
10. Reporting Violations
If you encounter inappropriate behavior or content, please report it to our support team immediately. Violations of these guidelines may result in warnings, suspension, or permanent removal from the platform.
11. Compliance with Laws
All users must comply with applicable national and international laws and regulations when using the platform.
By adhering to these guidelines, you contribute to a respectful, valuable, and welcoming community for everyone on PNYX. Thank you for being a part of our growing network!
Disclaimer
1. Introduction
Any information provided by Pnyx Digital (Private) Limited (“we,” “us,” or “our”) through the Pnyx Digital Application (the “App”) is for general informational purposes only. All information on the App is provided in good faith, however, we make no representation or warranty of any kind, express or implied, regarding the accuracy, adequacy, validity, reliability, availability, or completeness of any information on the App.
2. No Guarantee of Accuracy
PNYX serves as a platform to connect Surveyors and Respondents for the purpose of conducting market research. We do not guarantee the accuracy, reliability, or completeness of any survey content, response, or information provided within the App.
3. Use at Your Own Risk
We have taken appropriate measures to ensure a secured platform for information sharing. However, your use of the App is at your own risk. We make no guarantees as to the confidentiality, integrity, availability, or reliability of the App, nor do we ensure that the surveys conducted via the App meet any legal or industry standards. By participating in surveys or using the platform, you acknowledge and accept all risks associated with the use of the App.
4. No Endorsement
Surveys are activated only if they are in compliance with our Community Guidelines. However, activation of a survey does not mean we endorse or promote the content, purpose, or quality of any survey. The views and opinions expressed in surveys are solely those of the Surveyors and Respondents and do not reflect our opinions or positions.
5. Data Responsibility
While we provide appropriate tools and measures to manage and protect data we collect within the scope of functioning of the App, we do not take responsibility for how Surveyors use or process Respondent data outside the App. Whilst surveyors are required to comply with all applicable data protection laws when processing any personal data relating to respondents, and we shall not assume any liability for any violation of applicable data protection laws by the surveyors including but not limited to their misuse of respondent personal data and any data breach attributable to act, omission or negligence of the surveyors. The surveyors are controllers within the meaning of applicable data protection laws in so far as processing respondent personal data outside the App. For the purposes of this clause, applicable data protection laws means the Personal Data Protection Act No. 9 of 2022 of Sri Lanka.
6. Limitation of liability
The provisions concerning limitation of liability as per our Terms and Conditions for the App, are invoked herein by reference.
7. External Links
The App may contain links to third-party websites or services that are not operated or controlled by us. We are not responsible for the content, privacy policies, or actions of such third-party websites.
8. Changes to the Disclaimer
We reserve the right to modify this Disclaimer at any time. Any changes will be posted within the App. Continued use of the App following such changes indicates your acceptance of the revised Disclaimer.
9. Contact Us
If you have any queries or concerns about this Disclaimer, please contact us at info@pnyxdigital.lk or Pnyx Digital (Pvt) Limited, 167, Castle Street Colombo 08, Sri Lanka.