Terms of Participation for Testers’ Pool (“Foxperts”) and Product Tests

Conducting product tests is an important source of information for Wildling when developing new products and improving existing ones. We thank you for your willingness to participate.

If you click on “Accept Terms of Participation” in the Foxpert registration form, the following agreements apply to your Foxpert membership and each product test you participate in. If you register a child from your own household for whom you are the legal representative, you also accept these Terms of Participation: In this case, you will be participating by causing your child to do the testing.


1. Organizer, testers pool, general rules

(1) The Wildling product tests are carried out by Wildling Shoes GmbH, Walbach 9, 51766 Engelskirchen, Germany (hereinafter: “we” or “Wildling”).

(2) We call our pool of testers the “Foxperts”. It is the group of people who are interested in participating in product tests, meet the requirements and have successfully registered via the registration form (see section 2 for details). We select suitable participants from the Foxperts for upcoming product tests (see section 3 c. below).

(3) Registration with Foxperts is free of charge and does not oblige you or your child to participate in tests. Conversely, you have no right to be selected for tests yourself or with your child. You will not receive any payment for registering as a Foxpert or for participating in tests.

(4) With regard to all declarations that you make in connection with the Foxperts, tests and these conditions of participation with effect for your child, you confirm that any other legal guardians have given their consent to this.


2. Become a Foxpert

(1) You can register for the Foxperts if

• you are a natural person and at least 18 years old,
• you do not reside and have a shipping address in the USA or Canada,
• you wish to participate in the Foxpert program and product tests as a private individual and not as part of your professional or self-employed activity, and
• neither you nor any member of your household works in the footwear industry.

(2) To register, fill in the registration form, send it and confirm your wish to register again in the e-mail you receive from us afterwards.

(3) During the registration process, you have the option of adding two children who live in your household and for whom you have custody to your registration.

(4) In order for our test results to be helpful, it is important that you and each child only register once for Foxperts.

(5) As a Foxpert, you will receive the Foxpert newsletter every 4-6 weeks with background information on Wildling and Wildling products as well as any advertising content in addition to the e-mails described in these Terms of Participation or required for the administration of Foxpert or test participation. All emails contain an unsubscribe link. By clicking on this link, you will no longer receive e-mails, but at the same time you will unsubscribe from the Foxperts and therefore no longer have the opportunity to apply for tests.

(6) You can cancel your Foxperts membership at any time. To do so, send us an email to foxperts@wildling.shoes with your wish to cancel or click on the “Unsubscribe” link in one of our emails (see para (5) above for details).

(7) If you as a Foxpert have any change requests regarding the information entered (e.g. input errors, changed shoe size, new e-mail address), please contact foxperts@wildling.shoes.

(8) Registration for Foxperts via entry services and automated participation as well as participation with falsified identities or with identities of third parties are not permitted.


3. Participation in tests

a. Registration

In order to participate in Wildling product tests, you must first successfully register for the Foxperts (see section 2 above).

b. Application for a specific product test

(1) When we plan a test, we will contact either all Foxperts, groups of Foxperts or individual Foxperts by e-mail, depending on the requirements applicable to the test (“Foxpert-Mail”), and ask them whether they would like to participate in the test in question.

(2) If you are interested in participating in the test, click on the button/link contained in the Foxpert e-mail and apply for the test by completing and submitting the registration form. The application must be received by us within the deadline stated in the Foxpert-Mail, otherwise it cannot be considered.

(3) If certain additional participation requirements apply to the test, these will be communicated in the Foxpert e-mail and requested in the registration form; they are part of the agreement in addition to these conditions of participation.

(4) You must also provide any proof required for these participation requirements within the deadline set by us in the Foxper-Mail, otherwise you will not be selected for the test.

(5) With your application, you undertake to carry out the test in accordance with all applicable rules if you are selected as a tester.


c. Selection procedure

(1) The number of testers needed for each test is limited. We select the participants from all applicants by comparing their details with the requirements of the specific test. If there are more suitable applicants than test seats, the decision is made by lot.

(2) The applicants selected for the test - the testers - will receive an email confirming their participation in the test. Foxperts who are not selected will also be informed accordingly via e-mail.

(3) If you are accepted, you will receive a code number that you will need for this test (“Test ID”).

(4) We will then contact the testers by e-mail to ask for their current shipping address and to discuss further details.


4. Test Product

(1) You will receive the test product free of charge. Depending on the type of test (see Sections 5 and 6), either directly on site or free shipping to your home via DHL.

(2) The test products may be products that are already offered for sale by us at the time of the test and that we would like to have tested by Foxperts for the purpose of quality assurance or further product development.

(3) The test products may also be products that are in the development stage and have not yet been placed on the market. These products may be immature. The shape, workmanship, labeling and materials may show defects. This may also affect the sole material, which may result in reduced slip resistance and therefore an increased risk of slipping. We assume no warranty for these test products. Section 10 remains unaffected.

(3a) The test shoes may contain ingredients such as latex or nutshells. We cannot accept any responsibility for any allergic reactions.

(4) In return for your participation in the test, you may usually keep the test product after the test has been completed. Deviating from this, the consideration consists only of a temporary transfer, i.e. you must return the test product

• if it is already specified in the Foxpert-Mail that the test products must be returned after the test phase,
• if we determine during the test phase that we do not want to or cannot allow further use due to properties or defects of the test products, or
• if you violate the conditions of participation (in particular by incomplete or incorrect performance of the test or incomplete or incorrect notification of test results).

(5) Test products may not be resold or otherwise passed on, unless expressly permitted in the Foxpert-Mail. If you no longer want to keep the test product, regardless of its condition, please contact the Foxperts team at foxperts@wildling.shoes. You will then receive either a free return label or, in individual cases, permission to pass the product on to a third party.


5. Testing products at home and reporting test results

(1) The Foxpert e-mail will tell you how to carry out the test (e.g. wearing time per day, location, activities, etc.). You may receive more detailed information after you have been accepted. When carrying out the test, you must follow these instructions so that the test results are helpful for us.

(2) During and after the test phase, we will request test results from you in various forms. In particular, you must complete questionnaires, send photos of the product or upload them to a storage location specified by us or give written statements.

(3) Only images on which no faces or other personal data can be seen may be submitted as documentation.

(4) Rights of use to the test results and submitted materials are regulated in Section 8.


6. Participating in on-site tests at Wildling and reporting test results

(1) For on-site tests, we will provide information on the time, location and other details of the event in the Foxpert-Mail. Any travel, catering and accommodation costs shall be borne by the testers themselves, unless otherwise stated in the Foxpert-Mail.

(2) We may take photos and video recordings during the event in which you or your child can be seen, heard and recognized as a tester. These recordings are used to document the event for internal purposes and for marketing. These photo and video recordings may also be used by us after the event for commercial purposes without restriction in terms of time, geography and content. This includes, in particular, promotional use on the internet (incl. Wildling website, advertisements, social media), in print media, in e-mails, for printed advertising material, in PDF files, for advertising material in offline sales, commercial use in the context of cooperation with other companies and individuals, Wildling internal communication and coordination.

(3) As a tester or on behalf of your child, you grant the persons we assign to make photographs, video and/or audio recordings, i.e. the creators, the right to pass the recordings on to us.

(4) The test results are requested on site, e.g. in the form of (online) questionnaires, interviews, photos of shoes and feet.


7. Creative competitions and online events

(1) If we organize creative competitions, you will receive information about them in the Foxpert-Mail.

(2) For tests conducted from home, we can optionally offer online events, e.g. for an exchange via video conference. You will receive the relevant information by e-mail. Participation is voluntary.


8. Rights of use

a. Use of the test results and documentation

(1) Photos, videos, texts and any other materials that you share with us from the product test (“Documentation”) will be stored in storage locations used by us. You grant us the non-exclusive, but temporally, geographically and content-wise unrestricted right to commercial use of the Documentation. This includes, in particular, promotional use on the Internet (including Wildling website, advertisements, social media), in print media, in e-mails, for printed advertising material, in PDF files, for advertising material in offline sales, commercial use in the context of cooperation with other companies and individuals, Wildling internal communication and coordination, product development and improvement.

(2) If you provide us with Documentation to which third party rights exist (e.g. because someone else has taken a photo or written a text), you assure us that you are entitled to grant us the rights of use for the documentation in question as described above and that you could also submit such declarations of consent in writing if necessary. If, contrary to this assurance, the rights of third parties are infringed by the publication of the documentation, you shall indemnify us against any costs, in particular compensation payments to the injured party.

b. Creative competitions

We may use images of creative submissions as described in para a. above. If we are interested in using your contribution for a new product development, we will propose a separate agreement to you.

c. Your publications (User Generated Content, “UGC”)

(1) If it is permitted in a test to publicly share photos and video material of the test products (see section 12 “Confidentiality”), you simultaneously grant us rights of use to your content. In particular, you allow us to

• share your UGC via the “Share” function of each platform,
• post it on Facebook, Instagram, Whatsapp, LinkedIn, YouTube and any other social media channels;
• use your UGC as content for advertisements on Facebook, Instagram, Whatsapp, LinkedIn, YouTube and any other social media channels;
• use it in marketing emails to customers and newsletter subscribers;
• use your UGC on the websites operated by us;
• edit your UGC before using it, e.g. to shorten it, change the audio track, combine it with other images and videos and adapt it graphically (in each case while preserving the intellectual character of your work);
• forward your UGC to the agency that creates and publishes social media content for advertisements for us and grant it all necessary rights to do so;
• to forward it to cooperation partners and allow them to use it on their social media channels (in particular Facebook, Instagram, Whatsapp, LinkedIn, YouTube).

(2) You confirm to us that your UGC does not infringe any third-party rights and that you have the right to allow us to use it as described above. (For example, that you have permission from all persons depicted (or their legal guardians) that their image may be used as described above. Please inform us if you become aware of any infringement. You also confirm that you have reached the age of eighteen (18) or that you, as the legal representative, agree to the license to the extent described above.

d. General provisions on rights of use

(1) All rights of use that you grant us also apply to Wildling Shoes US, Inc.

(2) All rights of use that you grant us shall continue to apply even if you are not a Foxperts anymore.

(3) The granting of the rights of use to us is settled with the temporary or permanent transfer of the test product.


9. Exclusion from the Foxperts or tests

(1) We reserve the right to exclude persons who provide false information, use unauthorized aids, are suspected of manipulation or who violate the conditions of participation in any other way from participating in tests or the Foxperts as a whole without giving reasons.

(2) If we suspect that there is a reason for exclusion, we may ask the person concerned to make a statement. If we do not receive a response within the set deadline, we may exclude the person from the Foxperts or individual tests.


10. Liability

(1) Claims against Wildling for damages are excluded. This does not apply to claims for damages arising from injury to life, limb or health or from the breach of essential contractual obligations (cardinal obligations) as well as for claims for other damages resulting from an intentional or grossly negligent breach of duty by Wildling, its legal representatives or vicarious agents. Essential contractual obligations (cardinal obligations) are those whose fulfillment is necessary to achieve the objective of the contract.

(2) In the event of a breach of material contractual obligations, Wildling shall only be liable for the foreseeable damage typical for the contract if this was caused by simple negligence, unless it concerns claims for damages arising from injury to life, limb or health.

(3) The limitations of paragraphs 1 and 2 shall also apply in favor of Wildling's legal representatives and vicarious agents if claims are asserted directly against them.

(4) The limitations of liability resulting from paragraphs 1 and 2 do not apply if Wildling has fraudulently concealed the defect or has assumed a guarantee for the quality of the item. The provisions of the Product Liability Act remain unaffected.

(5) Wildling assumes no responsibility for loss of data, in particular those that have occurred during data transmission, technical defects as well as lost, damaged or delayed submissions that are due to network, hardware or software problems.


11. Modification/suspension of Foxperts and/or product tests

We reserve the right to change or discontinue any or all tests in the event of unforeseen circumstances. (This applies in particular to (attempted) manipulation and obstacles of a technical or legal nature). We may also terminate the Foxperts program in its entirety at any time, for any reason whatsoever.


12. Confidentiality

(1) If a test is marked as “confidential” or “secret” in the Foxpert e-mail and contains corresponding rules, you must adhere to these rules when carrying out the test.

(2) If public statements about the test product are permitted, they must not contain any indecent, immoral, defamatory, discriminatory or offensive content or mention or incite illegal activities. Otherwise, you are obliged to delete such publications and we may exclude you from Foxperts and/or participation in the test.


13. Protection of personal data / data protection information

a. General information

(1) The use of your data (or that of your child) is for the purpose of fulfilling the contract in accordance with Art. 6 para. 1 lit. b) GDPR. In accordance with the conditions of participation, the purpose of data collection is product development and improvement through product testing. In addition to the data for inclusion in the product tester pool (“Foxperts”), further information may be processed such as

• Name
• e-mail address
• Address (for shipping)
• Age information
• shoe size
• Weight category
• Information e.g. about usual activities in everyday life

(2) The basis for the processing of the data are the agreements from these Terms of Participation.
The purpose of the processing is product development and improvement by carrying out product tests. With regard to the use of your data (e.g. after leaving the “Foxperts” tester pool), your information remains part of the data processing. All information, including that relating to weight and age categories, will continue to be used and will not be deleted for the time being.

(3) Image and video data as part of the product test and information about your person (in particular feedback / activities) may be passed on to service providers involved in this respect. A targeted transfer of your personal data to a so-called third country is not planned; nevertheless, it cannot be ruled out that this data will also be accessed from countries that do not have an adequate level of data protection when it is passed on to suppliers, e.g. in the event of quality defects.

(4) You can contact our data protection officer Jan from Kompass Datenschutz GmbH at besold@kompass-datenschutz.de. Of course, you also have the right to lodge a complaint with a data protection supervisory authority. We are legally obliged to inform you of this.

5) If you want to know more about data processing at Wildling or which tools we use, you can simply visit https://www.wildling.shoes/en/pages/datenschutzerklarung.

b. Your rights as a data subject

You have the right to information about the personal data concerning you. Furthermore, you have the right to rectification or erasure or to restriction of processing, insofar as you are legally entitled to do so. Finally, you have the right to object against the processing within the framework of the legal requirements. A right to data portability may also exist within the framework of the data protection regulations.


14. Miscellaneous

(1) We are not obliged or willing to participate in dispute resolution proceedings before a consumer arbitration board.

(2) Should a clause of these Terms of Participation be invalid, the validity of the remaining terms and conditions shall remain unaffected.

(3) The law of the Federal Republic of Germany shall apply, excluding the UN Convention on Contracts for the International Sale of Goods and any provisions of international private law. Mandatory statutory provisions restricting the choice of law and the applicability of provisions, in particular of the country in which you as a consumer have your habitual residence, remain unaffected.


Status: 17.10.2024