All Data Analyst are INDEPENDENT CONTRACTORS for The Third Eye (Mauritius) LTD. This contract is made between The Third Eye (Mauritius) LTD under the laws of the Republic of Mauritius, herein referred to as “Company” and you, an Independent Contractor Data Analyst, hereinafter referred to as “Analyst”.
Company is in the business of providing customer service evaluations and undisclosed examinations of clients’ businesses and the operation and in the conduct of said business desires to have the following services to be performed by the Analyst. Analyst agrees to perform these services for Company under the terms set forth this contract. In consideration of the mutual promises set forth herein, Company and Analyst agree as follows:
NATURE OF WORK: Analyst will secretively visit clients’ establishments and accurately and honestly document his/her factual experiences and report them to Company within the timeframe as specified on the order sheet viewable on Analyst’s online dashboard. If Analyst does not complete the assignment as specified, their secret identity is compromised, their report is not accurate or not submitted to Company within the set time, then the report will be considered invalid and Analyst will not be compensated for that specific assignment. Writing an external social media review (Instagram, Tripadvisor, Facebook, Google Business etc.) or any external communication to any governing body regarding your Analyst experience or any details from your assignment is prohibited by you and any guest that accompanied you on the evaluation.
ANALYST CERTIFICATION: Prior Analyst conducting visits for Company it requires to follow an online certification program.
The analyst will need to pass the certification before he/she will be entitled to visit any outlet up-to its level reached. Each visit may require a different certification level.
UNIQUE REPORTS: If Analyst is conducting more than one outlet for the same client, each outlet report must be filled out on its own accord with a matching receipt and other required materials. Duplicate outlet reports, receipts, or other materials will not be accepted.
LOCATIONS & TRANSPORTATION: It is understood that Analyst’s services will be rendered at various locations that may involve transportation. Transportation costs, such as gas, mileage, parking, public transport etc. are Analyst’s responsibility and will not be reimbursed by Company unless otherwise specified. The analyst is required to carry adequate automobile insurance. Company is not liable for any accidents, injuries, violations, or expenses affiliated with Analyst’s operation of automobiles.
HOURS: If an assignment is to be completed on a certain date or during specific hours, then the date and hours will be included in the assignment instructions and Analyst is expected to complete the assignment only during these dates and hours. Assignments not completed during the specified dates or hours will be considered invalid and Analyst will not be compensated for that specific assignment. The analyst is responsible for contacting the location before the shop, to ensure the location is open. If an outlet is attempted, and the location is not open, the Analyst will not be paid for the attempt.
PAYMENTS AND REIMBURSEMENTS: Analyst will be paid a fixed fee for each assignment completed following the order instructions. The fee and amount for any additional expenses required by the assignment will be notified in the order before to commencing the assignment. Failure to comply with these terms and conditions may result in The Third Eye (Mauritius) LTD withholding payment for work completed. Where required Analyst will provide details of any reimbursable expenditure together with any receipts within 5 days of submitting the completed assessment, and accepts that any claim submitted after 30 days from submitting the completed assessment will not be paid. Fees and expenses due to Analyst are paid on or about the 28th day of the month following completion of any assignments via bank transfer. Payments might be delayed in case of bank details wrong, missing or not completed in the Analyst online database. Unless otherwise notified by The Third Eye (Mauritius) LTD., expenses will only be reimbursed upon receipt of satisfactorily completed expenses sheet and proof of purchase.
If The Third Eye (Mauritius) LTD has reasonable cause to believe that Analyst has not fully abided by all of these terms and conditions, including failure to return results of assignments within the specified timescales, failure to conduct the assignment as briefed, or any questionnaire completed by you contains misleading or false information, The Third Eye (Mauritius) LTD reserve the right to withhold payment of the fee and reimbursements for the Assignment.
Should the assignment involve the purchase of a product or service, you will be reimbursed up to the purchase amount stated on the order. An applicable receipt must be provided.
STATUS OF ANALYST: This contract calls for understanding and recognition of Analyst as an INDEPENDENT CONTRACTOR. The analyst will not be considered an employee of the Company for any reason. Company is not liable or responsible for Analyst's actions, behaviour, language, appearance, workman's compensation, and/or insurance coverage. Company is not liable for any accidents, injuries, or incidents that Analyst is involved in during assignments. The analyst is solely responsible for reporting and paying his/her applicable taxes.
NON-REPRESENTATION & DISCLOSURE: Analyst will not disclose the confidentiality of Company information or any part thereof, to any person, firm, corporation, association, or other entity for any reason or purpose whatsoever, without the written consent of the Company. Under no circumstances will Analyst ever disclose, during the job assigned that he/she is a mystery Analyst, secret Analyst, evaluator, auditor, or anything of the like about description of his/her purpose for Company. The analyst may never contact any of Company's clients directly for any reason at any time. Violation of this clause of the agreement will result in Analyst ending their relationship with the Company and forfeiting any due compensation.
CONDUCT OF ANALYSTS: Analyst will always professionally conduct themselves when they are on an assignment for Company with appearance, language, and behaviour that is considered appropriate, professional, and respectful. Analyst and all guests with Analyst will not consume more than TWO alcoholic beverages each when they are on an assignment for Company. Failure to follow this code of conduct will result in loss of payment/reimbursement for the mystery shop and deactivation of Analyst's account. Company is not liable or responsible for Analyst's actions, behaviour, language, appearance, workman's compensation, and/or insurance coverage. Company is not liable for any accidents, injuries, or incidents that Analyst is involved in during assignments.
FRAUDULENT ACTIVITY: Making false or inaccurate statements in Analyst reports, manipulating or modifying receipts or other images, or misrepresenting Analyst's identity with different profiles, names, or ages is considered fraudulent activity and will not be tolerated. The majority of our clients use video surveillance within their establishments and will cross-reference shop reports with their security footage. The facts and statements that you provide in your outlet reports must be accurate and precise. Any discrepancies between the client's security feed and the mystery shop report will justify a declined report. Fraudulent activity by Analyst that negatively impacts the business relationship with the Company's clients and leads to cancellation of service or decrease in revenue is taken very seriously. In addition to criminal prosecution, The Third Eye (Mauritius) LTD reserves the right to collect all current and future lost revenue that resulted due to the fraudulent activity, along with monetary and brand damages.
AGE-RESTRICTED ASSIGNMENTS: Occasionally there could be age-restricted assignments that require proof of identification on location with a written report. Some clients use video surveillance to verify that the mystery Analyst on location matches the ID provided with the report. Identification fraud, by using a fraudulent ID or by misrepresenting the age or identity of an individual, is a felony and will be prosecuted to the fullest extent of the law. In addition to criminal prosecution, The Third Eye (Mauritius) LTD reserves the right to collect all current and future lost revenue that resulted due to the fraudulent activity, along with monetary and brand damages.
MAINTAINING ACCOUNT INTEGRITY: Analyst will only create one Data Analyst account with the Company. If the Analyst does not know their log-in information, they will contact the Company to gain access to their account and will never create a duplicate account. If the Analyst's account has been deactivated by the Company, the Analyst may not create a new account under another name. The Analyst must be the only person who uses their account. Spouses, partners, and other family members must create their accounts with the Company before conducting shops.
CONFLICT OF INTEREST: If at any time Analyst has been employed, becomes employed or has a relative or friend that is employed by a client that the Company has assigned the Analyst to, the Analyst agrees to decline the assignment and/or notify the Company of such employment. If Analyst works for a Mystery Shopper company or one offering similar services, he/she will not disclose any information about the Company to the opposing company. If Analyst is an employee of another Mystery Shopper company or one offering similar services, he/she may not complete assignments for The Third Eye (Mauritius) LTD. If at any time Analyst becomes employed by a Mystery Shopper company or one offering similar services, the Independent Contractor agrees to notify The Third Eye (Mauritius) LTD of such employment.
INSURANCE: Each Analyst is responsible for carrying his/her automobile insurance and may be asked to provide proof of insurance to the Company.
LIABILITY: Company disclaims any liability for any injury that is either in an automobile, at an assignment, or in the office which injury may occur to Analyst or another individual because of Analyst. Company is not liable or responsible for Analyst's actions, behaviour, language, appearance, workman's compensation, and/or insurance coverage.
MSPA CODE OF PROFESSIONAL STANDARDS AND ETHICS AGREEMENT: Company follows the code of conduct of the Mystery Shopper Providers Association (MSPA, https://www.mrs.org.uk) and expects all of our Analysts to follow the "Professional Standards and Ethics Agreement" enforced by this professional industry association. The "Rules of Ethical Conduct" are shown below and are included in the Company's agreement:
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I agree to perform all shops to the best of my ability
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I agree to perform all shops with honesty and integrity
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I agree to submit all reports on or before the deadline
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I agree to honour all confidentiality agreements
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I agree to give immediate notice to the shopping company if I cannot perform a shop for any reason
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I agree to return follow up calls or e-mails promptly
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I agree to keep paperwork and notes for at least 60 days in case questions arise by the client
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I will not perform a shop unless I have thoroughly read each question on the survey and the guidelines provided by the shopping provider
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I will not falsify or misrepresent reports
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I will not ask or encourage anyone to break confidentiality agreements with other firms for whom they conduct mystery shopping assignments
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I will not use any MSPA media to publish complaints against vendors, clients, Analysts or mystery Analyst providers
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I will not share information with others on which company shops which clients
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I will not share information with others on shopping fees and reimbursements for specific clients
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I will not share the results of a shop with others to protect the clients' confidentiality
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I will not perform any shops under the influence of illegal drugs, or prescription drugs that might impair my abilities
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I agree not to become inebriated or drink beyond the legal limits outlined in my state or perform any other activity that may cause harm to myself or others while mystery shopping
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I will not contact a client directly without approval of the shopping company
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I will not disrupt the normal business flow of an operation in the process of performing a shop (do not cause a scene)
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I will not announce myself as a Data Analyst to the business being visited unless given specific instructions by the Company
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I will not accept a mystery shopping assignment for a business that I, my family or friends work for
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I will not list any shopping company I work for as an “employee” on any forms. I am hired strictly as an independent contractor for that company
Because you AGREE to the document during your application process, it is not necessary to send it back to our office until requested. Please keep a copy of this agreement in your files and refer to it when completing an assignment for The Third Eye (Mauritius) LTD. As an Analyst for The Third Eye (Mauritius) LTD, you are legally bound by the terms described above.
The Third Eye (Mauritius) LTD may change this policy from time to time by updating this page. You should check this page from time to time to ensure that you are happy with any changes. This policy is effective from February 1, 2021
NO CRIMINAL BACKGROUND: Analyst certifies that he/she has no criminal background, no pending criminal litigation, no history of “Driving Under Influence” or “Driving While Intoxicated”, and is not currently required to register as a sex offender. The Third Eye (Mauritius) LTD reserves the right to immediately suspend the Analyst’s eligibility if this certification is found to be false.
PRIVACY POLICY: Any personal data collected from Analyst will be stored on computers or otherwise. The Third Eye (Mauritius) LTD is committed to protecting the security and privacy of that data conforming to The Mauritius Data Protection Act, 2017.
The Third Eye (Mauritius) LTD may use email addresses or other personally identifiable information to contact Mystery Analysts to notify them of assignment availability or to provide an email newsletter.
The Third Eye (Mauritius) LTD will not sell, rent, lend or distribute personally identifiable information collected online. For full details on how the Company protects data: https://third-eye.mu/legal