General Terms and Conditions

§1 The EARSandEYES GmbH performs its activities as a consultant in compliance with the recognised professional principles applicable to market and social researchers.

§2 The EARSandEYES GmbH generally provides an interested party with an offer in the form of a research proposal setting out the conceptual formulation, the services to be performed in order to realise such concept, the amount of time needed for research as well as the remuneration to be paid. The interested party receives the research proposal solely for purposes of making a decision as to whether to commission the proposed research. To the extent not otherwise agreed, its contents may not be published in whole or in part or provided to third parties without mutual consent. To the extent the client is pursuing a goal that is not apparent to EARSandEYES GmbH, it must make this known. The client must then disclose its goal in writing.

§3 The remuneration stated in the research proposal generally includes all services offered by the EARSandEYES GmbH in connection with the commission contained in the research proposal. EARSandEYES GmbH may request additional remuneration for additional services desired by the client. Additional costs for which EARSandEYES GmbH is not responsible and additional costs that were not foreseeable by EARSandEYES GmbH upon commission of the project despite the exercise of due care may be invoiced by EARSandEYES GmbH separately if they are based on an objectively justified reason and are clearly recognisable by the client and sufficiently definite. The foregoing applies in like manner in the event the client is not responsible for such costs. Changes in the scope of a commission following the conclusion of the contract require a written agreement between the parties.

§4 EARSandEYES GmbH cannot guarantee the exclusivity of certain product segments, research subjects or research methods to the extent otherwise not expressly agreed. Duration and additional remuneration, as applicable, must be established in the event exclusivity is agreed upon.

§5 The client receives research reports solely for its own use. To the extent not otherwise agreed, their contents may not be published in whole or in part or provided to third parties without mutual consent. For such purposes, the research reports may also not be duplicated, printed or saved, processed or disseminated in information and documentation systems of any form. The foregoing provisions do not apply to the results of the research (cf. §6). In the event the client wants to quote the research report in whole or in part it must make such quotes identifiable as such and indicate EARSandEYES GmbH as the author of the research report.

§6 To the extent not otherwise agreed in writing, the research results stand solely to the respective client's unrestricted disposition. The client shall indemnify and hold EARSandEYES GmbH harmless as to all claims asserted against EARSandEYES GmbH because the client deliberately or negligently uses legally obtained results in an unlawful manner (for example solicits with them unlawfully and/or deceptively).

§7 All rights to which EARSandEYES GmbH is entitled under the German Copyright Act (Urheberrechtsgesetz) remain with EARSandEYES GmbH. To the extent not otherwise agreed, all material, data storage media of any form, questionnaires, additional written records, etc., created in connection with the performance of the project, as well as data created itself, are the property of EARSandEYES GmbH. The anonymity of persons questioned or of the testers, may not be endangered by such an agreement. The client's copyright to documents created by it remains unaffected.

§8 The client's participation in the research, as well as a review of the performance and results of the research on the part of the client required separate agreements. In doing so, EARSandEYES GmbH is obliged to guarantee the anonymity of the persons questioned or test persons. The client must bear any additional costs incurred as a result.

§9 To the extent not otherwise expressly agreed, EARSandEYES GmbH undertakes to retain survey documents for a period of one year and data storage media for a period of two years following delivery of the research report.

§10 EARSandEYES GmbH is obliged to treat all information provided by the client as strictly confidential and to exclusively use such information for purposes of carrying out the project.

§11 In the case of untimely delivery based on intent or gross negligence on the part of EARSandEYES GmbH, if the client desires to assert rights from the claim that partial performance rendered is no longer of interest to it, it must credibly substantiate such lack of interest. To the extent the client is a merchant within the meaning of the German Commercial Code ("HGB"), the client shall not be compensated for unforeseeable, non-typical damages and damages attributable to the client's sphere of responsibility or risk in cases of delay or improper performance.

§12 EARSandEYES GmbH shall not be liable in cases of slight negligence. The foregoing likewise applies in the event that such conduct also represents an unlawful act. This exclusion of liability does not apply to material contractual obligations on the observance of which the client may accordingly rely.

§13 In the event the research report / research results are not delivered in a timely manner or if test material is damaged or lost and EARSandEYES GmbH is responsible therefor, the client may grant EARSandEYES GmbH a reasonable period to effect cure. Otherwise, applicable provisions of law apply.

§14 EARSandEYES GmbH is not liable for the consequences of late delivery and/or the loss or damage of test material, as the case may be, to the extent the delay and/or loss or damage, as the case may be, is due to circumstances outside of EARSandEYES GmbH’s field of operations, in particular within that of the client, and for the creation of which EARSandEYES GmbH is not responsible, in the case of natural catastrophes or other acts of God, in cases of sovereign intervention and labour unrest; or although within EARSandEYES GmbH's field of operations for which it is not responsible, in particular in the case of impairment to business processes due to acts of God, sovereign intervention or labour unrest.

§15 The following terms apply to product tests:
The client shall indemnify and hold EARSandEYES GmbH harmless from all claims asserted against EARSandEYES GmbH and against the employees of EARSandEYES GmbH which result from damages due to a defect in the product tested. The client is responsible for ensuring performance of all required chemical, medical, pharmaceutical or other tests / research / analyses of the test product. The client is responsible for ensuring that the product is appropriate for the test and to the extent a review (see above) was necessary and was performed, that there were no indications that the product could cause any form of harm. The client is responsible for ensuring that all information required by law or regulation and/or required for the use of the project is provided to EARSandEYES GmbH so that such information can be provided to the test participants. Otherwise, the provisions of the German Product Liability Act (Produkthaftungsgesetz) apply.

§16 The agreed fees are intended to finance the investigation in question. Therefore in each case half of the agreed fee plus statutory VAT is due on issue of order, and half upon delivery of the results. If the investigatory approach or amount of order indicate that it is appropriate, a different regulation may be made. §17 In the event the parties are merchants, the place of performance and jurisdiction is the registered office of EARSandEYES GmbH.

§18 In the event individual provisions are or become ineffective, the validity of the remaining provisions shall not be affected. Ineffective provisions are to be replaced by effective provisions that come economically as close as possible to the provision in question.

§19 These General Terms and Conditions do not apply to cooperation with private market and social research institutions for purposes of performing commissions.

Virtual Shelf

With our 3D shelf, we simulate the PoS more realistically than ever before. This saves you not only a lot of time, but above all a lot of money. We explore the potential of your design alternatives with our "best-in-class" shelf. We simulate real purchasing decisions at the PoS for you quickly, simply and affordably. Thanks to 3D technology, individual products can be removed from the shelf with the mouse and viewed from all sides.

This way you can test how your product comes across in a very realistic setting with real competition. Our shelf test delivers valid results within a few days even for large sample sizes and difficult target groups – and that at comparatively low costs.

The virtual implementation makes design modifications and optimisations quick and easy, all without the normally high associated costs of prototypes and dummies.

More about our fields of research and research tools

Mindjournal

Knowledge of the needs, habits, attitudes, motives and expectations of consumers is fundamental to developing new ideas and solutions. That's why we at EARSandEYES have developed numerous tools to accompany your target group throughout its day.

Since more and more consumers are equipped with terminal devices these days, we have developed our "Mindjournal" app for authentic investigations in the here and now. For precise and unfiltered, spontaneous statements in response to situationally posed questions. Whether auditory or visual input, numerous help functions make it easier for the respondent to react immediately, regardless of the place and situation. Situational, emotional, honest. As close to the consumer's everyday life as possible.

More about our fields of research and research tools

Systematic Innovation Management

With EARSandEYES you can benefit from systematic innovation management, which allows us to assist you throughout the entire innovation process, starting with insight generation through to launching the final product:

No matter what stage of innovation you are currently at, we offer you customised solutions to the challenges you are facing. With your assistance, we can gather the relevant consumer and market insights, reveal promising fields of innovation and use these to develop concrete products and services with you, taking into account all the facets of your marketing mix.

Basing your decisions on solid foundations will give you implementable solutions for your brand and minimise the risk of making the wrong innovations. This way, we help you get the best out of your company and your brand.

Children and youth

We are concerned not only with autonomous consumers with enormous purchasing power, but also with manipulators and co-decision-makers when it comes to adults' reasons to buy. You as a company therefore do well to establish your brand in this target group as early as possible, for the process of cementing brand loyalty is taking place ever earlier and we're talking about the consumers of the future.

That's why we decided as early as 1998 - as the first institution ever - to give child and youth market research its own online platform. Besides age-appropriate text and child-oriented display of questions, our avatar, "Scanny," helps the youngest participants by reading the questions aloud and lending assistance in answering the survey.

More about our fields of research and research tools

We wish you a merry Christmas

As the year draws to an end, we can look back on a great deal of progress at EARSandEYES. We have expanded our team and areas of expertise, we have conducted fascinating studies for many loyal and new customers and we have developed entirely in line with our wishes and plans. And all of this in new offices with a beautiful view over Hamburg. We are feeling glad and cheerful.

We thank you for your trust and our wonderful working relationship and wish you and your loved ones a merry Christmas and a healthy, peaceful and successful New Year.

Custom design

Every company is different, every company is concerned with different questions. That's why every customer has a right to an individual examination of their question. That's why we have no 'off the shelf' products.

Our thinking project managers, our years of experience in market research and our portfolio of a variety of tools make it possible to develop custom-made questionnaires to answer your precise question comprehensively and expediently. Naturally, we also have tried-and-tested standard surveys and tools - but we use them flexibly, not rigidly, and always keep our eye on the goal of generating the best results for our customers.

What you can also expect from us

Access pools

We use our own platforms to recruit and manage these access pools, which are of excellent quality thanks to careful nurturing and a variety of measures for identifying and reviewing the target persons. Highly specialised target groups can also be recruited from these EARSandEYES online access pools in sufficient numbers.

Naturally, we also work in numerous other European, Asian, South and North American and some African countries and in Australia. In these countries, we cooperate with well-known panel operators with whom we have amassed years of good experiences.

Another first in the German market research landscape is our own child access pool that makes it possible to survey children and youth aged 4 to 15 years.

What you can also expect from us

Almost every fourth person avoids certain foods

Gluten-free rolls, only lactose-free milk: According to a SPIEGEL ONLINE survey, 23 per cent of Germans complain of food intolerances. People who are not affected often have little understanding of this.

23 per cent of Germans avoid certain foods because they say they do not tolerate them. This is one of the results of a representative survey conducted by the market research institution Ears and Eyes on behalf of SPIEGEL ONLINE. 2,450 people aged 18 to 65 provided information on the subject of food intolerances and allergies. 567 stated that there are some foods they never or only rarely eat because they do not tolerate them.

To publication

To article with video

Our presentations

This year, too, we were represented at the market research trade fair again in Munich in October 2014 with our stall and two presentations.

If you are interested in one or both presentations, please contact us. You'll receive your login data for the download from us.

Workshop 1
"New methods for generating insights in the health market - a case study for Klosterfrau."


Workshop 2
"Many questions? And yet short interviews! On modularisation and data mining."


Contact and download
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About us

EARSandEYES GmbH

Oberstraße 14 B
D-20144 Hamburg
Telephone: +49 40 822240 0
Fax: +49 40 822240 440
Email: info@earsandeyes.com

Managing director: Susanne Maisch, Frank Lüttschwager

Registry Court: District Court of Hamburg
Commercial Register entry: HRB 76621
Value-added tax identification no.: DE 812919940

Data security officer: Ulrike Spanknöbel, Oberstraße 14 B, 20144 Hamburg

Concept & text: Alexander Maisch
Design: Claudia Hulboj
Film: ad.quarter

Data privacy

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Transmission and use of personal data

Some of the offers on this website require the disclosure of certain personal information. This especially includes registration for the newsletter and requesting informational material. We will not disclose the personal data transmitted to us in this context to third parties.

If we are under obligation by law or court order, we will transmit the data to government and private agencies that are entitled to receive such information. We further reserve the right to transmit your personal data to third parties even without your agreement if this is necessary to protect us against attacks that constitute criminal offences or that are capable of compromising or destroying the functionality of our Internet pages.


Disclosure, modification or deletion of information

You can contact us at any time to find out whether and what personal data of yours is currently stored. For reasons of data privacy, we cannot provide information in this respect by telephone, only on written or electronic request. You have the right at any time to demand that we delete your personal data. If you wish for personal data that you have provided to us online to be deleted or modified, please notify us of this in writing or by email.


Notice on Google Analytics

This website uses Google Analytics, a web analysis service of Google Inc. ("Google"). Google Analytics uses so-called "Cookies," text files, which are stored on your computer and make it possible to analyse use of the website by you. The information produced by the cookie concerning your use of this website is transmitted to a Google server in the USA and stored there. In case of activation of IP anonymisation on this website, Google will abbreviate your IP address within Member States of the European Union or in other Contracting States of the Agreement on the European Economic Area. Only in exceptional cases will the full IP address be transmitted to a Google server in the USA and abbreviated there. On behalf of the operator of this website, Google uses this information to evaluate your use of the website, to compile reports concerning the website activities and to render additional services linked with the use of the website and the Internet to the website operator. The IP address transmitted by your browser within the framework of Google Analytics will not be linked to other Google data. You can prevent cookies from being stored by disabling the corresponding setting in your browser software; however, we advise you that in this case you may not be able to use the full functionality of this website. You can also prevent the collection of the data generated by the cookie about your use of the website (including your IP address) by Google and the processing of this data by Google by downloading and installing the browser plug-in available at the following link (http://tools.google.com/dlpage/gaoptout?hl=de).

You can find more information about this at http://tools.google.com/dlpage/gaoptout?hl=de or at http://www.google.com/intl/de/analytics/privacyoverview.html (general information on Google Analytics and data privacy). We advise you that on this website Google Analytics has been expanded by the code 'gat._anonymizeIp();' to ensure anonymous logging of IP addresses (so-called IP masking).

Source: www.datenschutzbeauftragter-info.de

Contact and arrival

EARSandEYES GmbH

Oberstraße 14 B
D-20144 Hamburg

Telephone: +49 40 822240 0
Fax: +49 40 822240 440

Email: info@earsandeyes.com

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20144 Hamburg

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