PollPaul General Terms and Conditions

Current version as of 8 June 2022

PollPaul is a mobile application (“App”) that gives its users (“Users”) access to participate in online surveys provided by various partner companies (“Partners”) and thus the opportunity to earn bonus points (“Incentives”). PollPaul (“Application”) is operated by just-sample Digital Research Solutions GmbH (“Operator”).

Contract, GTCs

By installing the Application and entering the required basic data, you become a User of the Application and are given the opportunity to participate in our Partners’ online surveys provided within the Application. The number and frequency of survey opportunities provided by the Partners depends solely on the Partners and PollPaul cannot guarantee a certain volume of opportunities for participation. Incentives will be granted for completed surveys and will be credited to the User’s account. For the Incentives to be paid out as non-cash benefits, with the exception of donations, an extended registration using an email account (email with password) or a social media account (e.g.: Facebook, Google, Apple) is necessary, in order to ensure the corresponding legally required tracking. Any taxes or duties arising from the Incentives received must be paid by the Users themselves.

Each User explicitly accepts these GTCs as binding through their participation in installation and data entry. These GTCs and the internet pages referred to therein constitute the sole content of the contractual relationship between the User and the Operator. During use, the current GTCs of the Operator published on this page apply. Any and all changes shall be communicated to the participant when using the Application and must be accepted by the User in updated form in order to continue using the Application.

Participation Requirements and Reasons for Exclusion

Participation in PollPaul is only possible for private persons who are not using the Application for commercial purposes. To participate in PollPaul, you must be at least 14 years old. The User is obliged to provide correct information during registration and during participation in surveys. Only one PollPaul registration per User is permitted; the use on multiple devices via an extended account (social media, email account) is permitted. Automated use on one or multiple devices (“click farms” or “bot-controlled” software or software components) is expressly prohibited in all cases and will result in the loss of all acquired Incentives, subject to the assertion of any additional damages incurred by the Operator and Partners. The individual access of each User is not transferable. The Operator reserves the right to reject Users for justified reasons, even after the registration has been completed. Participation in survey projects is entirely voluntary. The User undertakes not to store or make available to third parties any information obtained through the surveys and polls.

Participation in Surveys

Users participate in Partner surveys by selecting a project offered within the Application. The User then enters the Partner’s survey system, where the project including the data collection is carried out; upon completion of the project, the User receives acknowledgement within the Application. PollPaul remunerates full participation in surveys/polls with Incentives. The Incentive amount for a complete project participation is determined by PollPaul according to the type and duration of the survey; there is no right to any alternative remuneration to the payment of the Incentives (Section 5). No recourse to legal action is permitted. PollPaul can only process an activation of the remuneration for a survey participation once the associated data together with the result of the survey participation has been forwarded to us by the Partner. This may take place either immediately or after a delay following any checks made by the Partner; in the latter case, PollPaul records a provisional entitlement for the User, which is then activated once any check receives a positive outcome. Incentives can in principle only be earned by participating in the Partners’ surveys and the corresponding actions; no other possibilities (e.g., topping up the account with cash payments) exist. The Incentives earned remain valid for 2 years.

Rewards for Recruiting Third Parties (“Recruitment”)

The User can earn additional rewards by recruiting new users. A third person/new user will be considered to be recruited by the User if the third person/new user names the User as a reference when registering or if this is detected by technical means and the recruited new user actively and completely participates in at least one survey via PollPaul. When recruiting unknown third parties/new users, the User undertakes not to contact them without being solicited (referred to as “spamming”), either by email or telephone or other applications such as Messenger, or via other communication channels, such as public discussion groups on the internet, newsgroups, mailing lists, etc. Posting of recruiting links or recruiting codes in the comment or review sections of the AppStore (iOS) or Google Play Store (Android) pages is expressly prohibited in all cases; other types of publication of recruiting links or recruiting codes are only permitted in accordance with the terms of use of the respective platform operators and in compliance with all legal provisions. The Operator therefore reserves the right to exclude Users from participation in PollPaul with immediate effect in the event of gross violations of these obligations. The claim to any credit balance accumulated up to that point is forfeited. All costs incurred by the Operator from such a violation shall be borne by the User. The assertion of further damages remains unaffected. The remuneration takes place in the form of a one-time crediting of an Incentive to the participant’s points account. The Incentives earned remain valid for 2 years.

Payment

The paying out of the Incentives earned can be initiated by the User to one of the offered options. The exchange options available may differ from country to country for factual and legal reasons. Payment is only possible after the minimum exchange amount specified for the respective exchange option has been reached; the respective exchange limits are shown in the Application for the individual exchange options. The exchange transactions carried out are recorded in the User’s account statement until the account is settled (after two years at the earliest); no invoices or account statements are sent. The current status of the credit balance/Incentives can be retrieved in the Application at any time under the “Balance” menu item. PollPaul does not assume any liability for the correctness of the information. Credit transfers (payments) are only ever possible from within the Application. The Operator reserves the right to cancel or reclaim fraudulently acquired credit or fraudulently executed exchange transactions. Payments are normally made promptly to the selected exchange partner; however, in order to increase security in the Application and to prevent fraudulent activities, delays may occur for the purpose of carrying out the necessary security checks. Objections against amounts paid out or credit balances still to be paid out must be raised by the participant in writing in each individual case.

Data Protection

The information provided by the User is handled as strictly confidential and is always evaluated anonymously. PaulPoll’s Partners are only interested in cumulative data. The collection, processing and use of the data is carried out strictly in accordance with the legal requirements (such as the European Data Protection Regulation – GDPR, and the respective country-specific regulations); the data processing by the Partners is subject to the data protection regulations which must be observed by the individual Partners and agreed upon with the Users. The data collected is processed and used by PollPaul only to the extent that is necessary and legally permissible for the purpose of selecting and offering the Partners’ survey projects and that is necessary for legal reasons to track transactions, to ensure adequate security standards and to prevent fraudulent activities. Participation in PollPaul is entirely voluntary and can be terminated at any time without stating reasons. By participating in PollPaul, you agree to the use of your data within the scope as set out in detail in our Privacy Policy (https://pollpaul.com/Privacy). Personal data will be used in good faith and only in a lawful manner; the Privacy Policy (https://pollpaul.com/privacy) constitutes an integral part of these General Terms and Conditions. In the event of a legal dispute, the data will be retained until a legally valid decision is rendered. An exception to the above is data that is further required due to complaints from the User or due to legal obligations. When these reasons cease to apply, the data will be deleted.

The Obligations of Participants

The User is required to keep their user data (especially passwords or other security-relevant access data) secret and must not disclose them in any way to unauthorised persons. The User shall refrain from any misuse of the user data and shall prevent any such misuse. Any suspected misuse of user data must be reported immediately to PollPaul and the User is obliged to cooperate in the prevention of fraudulent activities and in the investigation of such activities relating to their account. When participating in the Partners’ survey projects from within the Application, the User is obliged to provide correct data; it is forbidden to post advertising of any kind or content that violates the law, in particular right-wing extremist, pornographic, racist, insulting, defamatory and other content that damages PollPaul’s reputation or business.

Liability

The Operator will not be liable for technical malfunctions the cause of which does not lie within its area of responsibility or for damages due to force majeure. The Operator will not be liable for damage caused by actions of third parties. The Operator will only be liable within the scope of the statutory provisions, provided there is intent or gross negligence. Liability for slight negligence is excluded. Hyperlinks, advertising banners and the like do not constitute a recommendation of third parties and their services by the Operator. The Operator assumes no liability for the contents and proper operation of the Partners’ projects or for the contents of the websites, including prices and availability of third party products, even if reference is made to them by hyperlinks, advertising banners or in any other way. The Operator explicitly assumes no responsibility for content and opinions accessible via links within the Application. The responsibility for this lies exclusively with the respective site owner. If the Operator is liable, the liability will always be limited to the damage foreseeable by the Operator. Furthermore, liability for consequential damages, indirect damages, unrealised savings, loss of profit, loss of interest and damages from third-party claims against the User is always excluded.

Contract Duration and Termination

The User can cancel the PollPaul services at any time. This does not result in any disadvantages for the User. The Operator can terminate the participation of the User in the Application in case of justified suspicion of a gross violation of these GTCs and with immediate effect, in which case the right to Incentives accumulated up to that point is forfeited. The cancellation of the User subscription is effected from within the application or by removing/uninstalling the same. Cancellations can also be submitted in writing or by email, but only if an extended account (email or social media account) is used and proof of the right of disposal is provided. In the event of complete inactivity of the account for more than 2 years, this shall be regarded as termination of participation by the User. In the event of transfer of the Application by the Operator to a new legal entity, the Incentives acquired by the User up to that point shall be taken over by the new legal entity.

Choice of Law, Place of Jurisdiction

The contracting partners agree on the application of Austrian law; otherwise, the regulations of the Austrian General Civil Code apply. For consumers in the EU, their national mandatory consumer law provisions apply, unless the respective Austrian provisions are more favourable for the consumer. For legal disputes with Users, the court having jurisdiction for our registered office is agreed as the place of jurisdiction, subject to mandatory statutory regulations to the contrary.

Contract Language, Currency

The content of the Contract, all other information, customer service, data information and complaint handling are generally offered in English and additionally in German, French, Italian, Spanish and Portuguese. All credit balances and remunerations are kept in euros (€) and converted into the respective currencies according to the current exchange rates.

Warranty

The warranty is governed by the statutory provisions.

Arbitration

We recognise the Internet Ombudsman as an extrajudicial arbitration body. If you have any further questions regarding dispute resolution, please contact our customer service at info@pollpaul.com, or the Internet Ombudsman at https://www.ombudsmann.at.

Information regarding online dispute resolution: We would like to refer you to the possibility of online dispute resolution. The European Commission provides the European Online Dispute Resolution (ODR) platform to make online shopping safer and fairer by providing access to good-quality dispute resolution tools. Link to the online dispute resolution: http://ec.europa.eu/consumers/odr

We declare our willingness to participate in online dispute resolution.

Other

Should individual provisions of this Contract be or become invalid in whole or in part, or should there be a gap in this Contract, this will not affect the validity of the remaining provisions. In place of the ineffective provision or to fill the gap, an appropriate provision should be concluded which, as far as legally possible, comes as close as possible to what the contracting parties would have intended if they had considered the issue.