Last revised: 19.07.2019
The Terms and Conditions contained herein along with our Privacy and Cookie Policies, any additional information included in the FAQs section constitute the entire agreement between our Website as well as the Talk Online Panel mobile application (“Talk app”) and any of their users, and are binding to no one but them. Please read the following provisions carefully as they govern your access to, and use of our Website and the Talk app, your registration as a member of Talk Online Panel, your participation in any survey or study provided, hosted or administrated by us, and your eligibility for and/or redemption of rewards and incentives offered for certain activities including but not limited to successfully completing the surveys. By accessing or using our Website and the Talk app, you agree to be bound by these provisions. If you do not agree to these Terms and Conditions you may not access or otherwise use our Website or the Talk app.
References to “We/our/us/the Company” mean Talk Online Panel GmbH, a company founded in Austria under registration number FN 419178p on our office address of Karlsgasse 7/ Top 5, 1040 Vienna, Austria, or any of its parent companies, subsidiaries or affiliates.
1. Use of the Services
Talk Online Panel provides panel members with the opportunity to participate in surveys. Participation is voluntary. By agreeing to register and become a panel member you agree to receive invitations to participate in those surveys. We strive to send you invitations to surveys that we feel match your experience and background, although we do not guarantee that you will receive a certain minimum number of invitations. If you do not wish to respond to these invitations, you have the option to deactivate your account by following instructions included in each survey invitation. (for more information about our Opt-out policy see clause 2 below).
Our services are for personal, non-commercial use. You may use the services provided by our Website or the Talk app when and as available. Talk Online Panel constantly changes and improves its services and reserves the right to change, modify, restrict or block access to all and any part of the Services to anyone at any time and for any or no reason.
2. Registration and Profile Administration
If you need to correct or update any of your profile information you may do so at any time by going to your Profile page.By following the appropriate directions, your information will be automatically updated in our database.
If you choose to end your membership with our Panel, or you want us to cease processing your data, you may do so at any time by going to your Profile page either in our Website or in the Talk app and selecting the Delete profile button Please note that by simply removing/deleting the Talk app from your device this does not automatically delete also your Talk membership account.As an alternative, you may terminate your membership account by sending an email to our service center through the Contact page at firstname.lastname@example.org.
You understand and agree that upon deactivating your account, your right to access the Talk Online Panel points program will cease. All Points credited to your account that have not been cashed in as of the time you opt-out, however and whenever accumulated, will be forfeited.
However, we understand that you might want to change your mind about your profile deletion, and also that you may have a reward order pending that would be jeopardized by the deletion of data needed to process it (e.g. your address). That is why we might keep your account dormant for 30 days: you will not receive any survey invitations during that period, but it will allow sufficient time for any orders to be processed. If you change your mind and you want to re-activate your account during this 30 days period, you can e-mail us accordingly at email@example.com.
3. Password Protection
A user is solely responsible for the security of their user name and password and is solely liable and responsible for any use or activity that occurs under their membership account, whether authorized or unauthorized. As a user, you must not disclose your password to anyone else, and you are responsible for keeping it safe. Our Website or the Talk App will not be responsible for any losses incurred through the use of your password by a third party, except when unauthorized use is directly attributable to the gross negligence or fraud of our Website or the Talk App. Should you forget your password, you may reset it by entering your username in the Forgot Password section of the Login area – you will then receive an email so you can regain use of your account. This procedure assumes that the e-mail address provided by you when registering is used. If you have forgotten the e-mail address of registration, you must notify us by email, giving us necessary information (usually your name and date of birth) so we try to recover it.
4. Relationship between user and Website or the Talk App
As a user you are responsible for having access to the computer/mobile phone equipment and communications services necessary to connect to and access our Website or the Talk app.
You also agree that neither a) your registration, nor b) your access or use of our Services including but not limited to your participation in a Talk Online Panel survey, create any agency, partnership, joint venture or employment relationship with Talk or its clients, agents and/or partners. You also agree that the points and commensurate incentives you receive for completing surveys are the only compensation you will receive for your completion of surveys.
5. Talk Points and Rewards Policy
By registering to become a member of our Panel you also agree to the automatic establishment of your personal account of points redeemable in the Talk Online Panel shop. At any moment the points total represents your standing in the Talk rewards system.
Points are allocated for a variety of actions, including but not limited to your registration as a panelist, the completion of surveys and the sending of invitations by you to friends to join the panel. Surveys might have differing points values depending on their complexity and the time needed to complete each.
Points have a set monetary-equivalent value in each of the panel’s countries of operation. They can be cashed in at certain milestones, i.e. from a certain points total and upwards, although one can continue collecting to reach a higher milestone and be eligible for a more ‘valuable’ prize. Please note that points are strictly personal and cannot be assigned, transferred, and/or pledged to any third party, inside or outside the Panel. Points will be deducted from the panel member’s account at the time the redemption request is made. All redemptions are final and rewards may not be returned for credit., unless the chosen incentives or rewards are no longer available, or there are reasonable business grounds that stand in the way of redemption.
We use reasonable efforts to ensure that points are credited and debited appropriately. However, members of our panel should review their account to ensure that it correctly identifies the posted points, rewards and reflects all the appropriate redemption transactions. Please keep in mind that points offered for the completion of surveys taken on a Panel Partner may require more time to be credited to your account due to technical reasons. If you feel that your account was not credited or debited correctly or reflects incorrect redemption transactions, please send an e-mail to firstname.lastname@example.org.
In the event that any points have been erroneously credited to or debited from a panel member’s account, Talk Online Panel may remove them or return them.
Please note that points need to be used up within two years or they expire, so e.g. a point earned on August 1, 2017 is valid until Aug 1, 2019, at which point it expires and is removed from the user’s account. Points cannot be redeemed after the expiration date. Talk Online Panel will inform users individually of upcoming expiration dates and amounts at regular intervals. It reserves the right to suspend these cancellation rules in its sole discretion.
You hereby expressly acknowledge and agree that you may be required under your local tax legislation to declare any cash you received by converting the points earned through the participation in our surveys, and possibly to pay taxes on it. Talk Online Panel may provide you or the appropriate tax authority with information related to any payments and incentives you earn in connection with your use of our services. You agree to provide us with all the necessary information to assist Talk Online Panel in complying with its reporting or withholding obligations. Talk Online Panel may withhold tax from any incentive or reward as required by applicable law. Any of the above is the sole responsibility of the panel members and Talk is not responsible for offering relevant guidance or advice, therefore we urge you to refer to your competent local tax authority for more information on possible obligations.
Talk Online Panel retains the right to monitor all member activity within the Talk Online Panel Point system. In rare occasions, if a member has violated our Code of Conduct (see clause 7 below), notably if an account shows signs of fraud, abuse or suspicious activity and if we have a reasonable suspicion of a user misrepresenting himself or impersonating others for the purpose of collecting points, we reserve the right to use all legally allowed means in order to verify their identity. Failing that, the account may be terminated and the panelist will forfeit any accumulated points.
Talk Online Panel may modify, alter, delete or add new terms and conditions for its reward program or the services at any time without notice.
6. Termination of user account by Talk
Talk Online Panel may terminate your membership immediately if any of the following events occurs:
- You misuse your membership of the Panel or use it for any improper purpose, such as impersonating others with the aim of collecting points
Talk Online Panel reserves the right, without notice and in its sole discretion, on its own volition or as dictated by law or local authorities, to discontinue or terminate its operation in a particular country or overall, thus also terminating individual accounts, leading to the forfeiture of points therein.
7. Code of Conduct́
When using our Website or the Talk app we ask all our members to observe the following rules:
- Members are responsible for ensuring that any and all details held about them are up to date and are correct.
- Members must undertake that all information they enter as panelists is accurate. Specifically, they should not misrepresent themselves or impersonate others for the purpose of collecting points.
- Members may not open, use or maintain more than one (1) membership account with Talk Online Panel. If a second account has been opened in error, a member may get in touch with user support and ask for one account to be deleted and one retained – points accumulated in the account marked for deletion will be lost.
- Members should not access or use any part of the Website or the Talk app for anything other than their personal non-commercial use.
- Members should not access or use any part of the Website or the Talk app in any way that may violate any applicable Austrian, European or International law, regulation or treaty.
- Members should not collect or store any personal information about other members.
- Members should not attempt to access any service or area of the Website or the Talk app that they are not authorized to access.
- Members should not post any material that is threatening, libelous, defamatory and obscene or could otherwise violate any law.
- Members should not send to or otherwise impact us or the Website or the Talk app (or anything or anyone else) with harmful, illegal deceptive or disruptive code such as virus, “spyware”, “adware” or other code that could adversely impact this Website, the Talk app or any recipient or take any action, such as denial of service attack, that might impose a significant burden on this Website’s and Talk app’s infrastructure or interfere with the Website’s and Talk app’s ordinary operation.
- Members should not engage in any other activity that the Company reasonably deems improper or abusive.
Please note that failure to comply with this Code of Conduct will expose you to immediate termination of your membership account and forfeiture of any points, in line with clause 6. The company also reserves the right to take any necessary legal action.
8. Tell- a- friend
If you have completed your registration and have created your profile as a Talk Online Panel member, you may choose to use our referral service to tell a friend about our Website or the Talk app. We expect you to be a good judge of both the disposition and the willingness of the referral to participate in Panel activities, and not abuse this feature by overloading your friend circle, or sending invites to people you do not know, either, for example, by sending to random or trawled email addresses or posting in social media and forums.
A Tell-a-friend invitation is ideal if you have sufficient reason to assume that the referred person will not object to your use of their email address, trust your recommendation and accept the invitation to the Panel. In that case, we will ask you for your friend’s name and e-mail address and send your friend a one-time e-mail introducing him/her to our service and inviting them to visit our Website. We store this information for a limited time only, for the sole purpose of sending the one-time e-mail, and tracking the success of our referral program. We will not send the referrals future mailings unless they accept your invitation and join the Panel.
Please note that you are allowed to invite up to 50 people at a time, to join the panel and up to a maximum of 100 people, or 10.000 points, per year. The points from invited friends will be credited to your account as soon as each invited friend has completed his/her registration to join the Talk Online Panel community and has completed one survey he/she was invited to, excluding profile surveys which are available automatically.
9. Intellectual Property
The copyright and all other intellectual property rights (including but not limited to database rights, software rights, trade marks and design rights in all cases whether registered or not) in all materials included on the Website or the Talk app (including without limitation, designs, texts, pictures, graphics, logos, images, interfaces, software code and the selection and arrangement of them) belong to us or our licensors unless otherwise acknowledged. All rights are reserved. In no event shall our users obtain or receive any rights, title or interest in or to any such material.
Consequently, the content of this Website and the Talk app cannot be sold, copied, modified, reproduced, republished or uploaded, transmitted or distributed in any way, in whole or in part, without the prior written non-electronic consent of the owner of the Website or the Talk app and unless you (a) acknowledge us as the source of the material and (b) inform the third party to whom you are disseminating the information of these Terms and Conditions and the fact they apply to them. You are, however allowed to print and electronically save the content of the Website and the Talk app only for personal use, and not for public or commercial use, without deletion of the origin mark of Talk Online Panel, and without infringing the related intellectual and industrial property rights in any way.
The rest of the products or services that are mentioned in this Website or our Talk app and bear the trademarks of the respective organizations, companies, collaborating entities, associations or publications are their intellectual and industrial property and therefore those entities bear the relevant responsibility.
Please note that, breaching this provision would expose you to the immediate termination of your membership account and forfeiture of any points in line with clause 6. The company also reserves the right to take any necessary legal action.
10. Confidentiality of Surveys
Talk Online Panel’s clients, agents and partners may reveal confidential and/or proprietary information and materials to you as part of your participation in Surveys, projects, questionnaires or other market research related activities, and any such information and materials shall remain the sole and exclusive property of its owner. The aforementioned confidential information may include (but is not limited to) new product ideas or concepts. By becoming a member, you agree that you will keep the contents and materials disclosed to you as part of all Surveys in which you participate confidential and not disclose them to any third party or use the confidential information for any purpose except for the sole purpose of participating in our surveys in accordance to the present Terms and Conditions. It is expressly forbidden to copy and store survey content (e.g. by making screenshots) for any other purpose than for reporting errors to Talk.
If you breach this obligation, in addition to forfeiture of your points and termination of your membership account you may be liable for monetary damages to the Company and/or our client, agent or partner for damages caused by the result of your breach.
Our Website or the Talk app may provide Links to other websites that are not under its control, but under the control of third parties (persons or entities). Those links are provided solely for your convenience. We have not reviewed or examined all of these third party websites and are not responsible for these websites or their content or availability. We do not endorse such websites nor do we accept responsibility for any damage or loss you may suffer from accessing such website or any material on them. The availability of any link or reference to any third party shall in no way constitute an endorsement by Talk Online Panel of any such website you visit. You agree that you will not use any third-party material in a manner that would infringe or violate the rights of any other party and that we are not in any way responsible for any such use by you.
12. Service Access
While we endeavor to ensure that the Website and the Talk app is normally available 24 hours a day, we shall not be liable if it is unavailable at any time or for any period due to necessary servicing and updates, technical fallout or force majeure.
13. Disclaimer of Warranties
14. Limitation of liability
To the fullest extent allowed by the applicable legislation, you hereby acknowledge and agree that in no event will Talk Online Panel or any of its agents and/or partners be held liable or otherwise responsible to you and/or any other person for any special, incidental, punitive, consequential or similar general damage, or for damages regarding lost profits, loss or impairment of privacy, security of data and failure to meet any duty (including but not limited to any duty of good faith, workmanlike effort or of lack of negligence) that may arise out of your membership account or are related to any breach or other aspect of the entire agreement or this website or Talk app or for the accuracy of the content of the Website and the Talk app, regardless of whether Talk Online Panel is informed of the possibility that such damaged may exist and even in the event of fault, tort (including negligence).
In no event shall the liability of Talk Online Panel, its corporate parents or affiliates, suppliers, agents or partners exceed the actual retail value of an applicable reward at issue, or if a dispute relates generally to your use of the program, to the fair market retail value of the rewards which your unused, unexpired, non-canceled points are convertible into.
Furthermore, the Website or the Talk app does not guarantee that it or any other websites that are linked to it are free from computer viruses or any other malicious or impairing computer software. Any software that may be downloaded from a website operated by a third party is the responsibility of that third party. The company accepts no liability for any loss or damage caused by viruses or otherwise arising as a result of you downloading such software.
You agree to indemnify, defend and hold Talk Online Panel and its parent, subsidiary and affiliate companies, together with their respective officers, directors, owners employees partners and agents harmless from and against any and all claims, losses, damages, liabilities, lawsuits, fines, penalties, costs and/or expenses including but not limited to reasonable attorney’s fees and court costs, arising out of, resulting from or caused, either directly or indirectly, by: (i) your breach or violation of these Terms and Conditions of Use; and/or (ii) your use of, participation in, and/or access to the services offered in our Website or the Talk app.
Our Website and the Talk app take strict measures to ensure that every aspect of your information is kept secure. All information related to your personal data is being encrypted using secure socket layer technology (SSL). We follow generally accepted industry standards to protect the personal information submitted to us, both during transmission and once we receive it. However, no method of transmission over the Internet, or method of electronic storage, is 100% secure: while we strive to use commercially accepted means to protect your personal information, we cannot guarantee its absolute security.
18. Applicable law
The above Terms and Conditions of use, as well as any amendment to them and any dispute or claim arising out of or in connection to them or their subject matter, are governed and completed by the Austrian law.
The Courts of Vienna, Austria will have exclusive jurisdiction over any claim arising from, or related to the present Terms and Conditions, and/or your access to, use of or participation in the Services provided through our Website, or the Talk app. If the place of domicile, the habitual residence or the place of employment of the customer is domestic, an action against him may be based only on the jurisdiction of the court in whose district the domicile, habitual residence or place of employment is situated. This does not apply to legal disputes that have already been arising.
In case of disputes, we undertake to participate in the mediation proceedings of the Internet Ombudsman: www.ombudsmann.at. Further information on the types of proceedings can be found at www.ombudsmann.at. The OS platform can also be used to resolve disputes with our company: https://ec.europa.eu/consumers/odr. Our e-mail address: email@example.com
20. Amendments to our Terms and Conditions of use
We reserve the right to modify, add or remove terms from the Terms and Conditions of use, at any time and any such modification is effective immediately from the time it gets incorporated in our Website and the Talk app. Users agree to review these Terms and Conditions regularly to ensure they are aware of any such modification. We will also notify users by posting an announcement on our Website and Talk app or by e-mail: Continued access and use of our website and the Talk app after such amendments demonstrates a user’s acceptance of them.
22. Translations of the Terms and Conditions
Any communications or notices to be given under these Terms and Conditions of Use shall be deemed delivered if sent by e-mail to the last known e-mail address of the panel member. All communications (excluding personal information) and content submitted or transmitted by you to Talk Online Panel by electronic e-mail or otherwise, shall be treated as non-confidential and non-proprietary information, unless specifically indicated by you either prior to, or contemporaneously with, the submission or transmission of such communications. Email links are provided so that you may contact us directly with any questions or concerns you may have. Each e-mail we receive is read and responded to individually - please allow a business day for us to get back to you.
Our contact details are as follows:
Talk Online Panel GmbH
Karlsgasse 7 / Top 5