Terms of Service and Privacy Policy

1. Key Information

We, the authorised individuals and employees of max.recall information systems GmbH, offer you via our Web sites www.max-recall.com and www.smartcoder.at (hereinafter “Websites”) innovative and, in this form, unique online services. www.smartcoder.at provides you with a service for automatic coding of free-text answers in text surveys. It performs an intelligent content analysis process of the free-text answers and automatically generates an accurate code table and assigns appropriate codes to free-text statements. We welcome the opportunity to be allowed to persuade you of the benefits of our services.

2. Scope

These terms and consequently the TOS constitute an integral part of all contractual relationships between max.recall information systems GmbH (hereinafter “max.recall”) on the one hand and the User of the Website www.max-recall.com and the Website www.smartcoder.at on the other. Any terms and conditions of business of the User are expressly rejected. The most recent version of the TOS shall apply to all future transactions between the contractual parties, even if they are not referred to again in a future contract.

By registering, the User consents to the scope of these TOS and any agreements incorporated therein by reference.

Neither the registration nor the use of SMARTCODER shall be possible without explicit consent to these TOS.

These TOS shall be valid until cancelled in the currently valid version as of 24th May 2018.

Solely the German version of these TOS is binding.

3. max.recall Services

max.recall provides the User with an information system via the www.max-recall.com and www.smartcoder.at Websites. The information systems provided by max.recall (hereinafter the “System” or the “Systems”) enable the computer-assisted capturing, storage, processing, analysis, utilisation, arrangement, transfer and display of information and data.

The system on www.smartcoder.at provides a service (hereinafter “SMARTCODER”) for the automatic coding of free-text answers in text surveys. SMARTCODER performs an intelligent content analysis process of the free-text answers and automatically generates an accurate code table and assigns appropriate codes to free-text statements. All this is completed in just a couple of seconds. Additionally, a CodeCloud that visually summarizes the survey is provided.

How it works:

  • Upload your survey data in Excel or. csv format and select the variables to be coded.
  • Start the automatic coding process.
  • Download code table, coded answers and CodeCloud.

To take advantage of the functionalities of SMARTCODER, you do not need to download or install any software on your computer.

Any services which are not expressly listed as being performed by max.recall in the TOS or which may not be expected without any doubt to be supplied together with the provided services are considered to be excluded from the scope of supply in the event of doubt. Should any such services be provided, max.recall is entitled to suitable consideration.

4. Registration

In order to be able to use SMARTCODER, a one-time, free registration is required. max.recall offers Users two options of registering for SMARTCODER:

  1. a "Free Membership" (START UP), where Users can process up to 200 answers to open-ended questions each month;
  2. a "chargeable Membership", where Users can - depending on their subscription plan - process the number of answers to open-ended questions each month that is included in their respective plan.

By registering, the User confirms its knowledge and the unlimited recognition of the content of these TOS.

Each User shall register with SMARTCODER once only, and confirms with the registration that it has not registered an account with SMARTCODER before.

max.recall reserves the right to reject Users without giving reasons. In this event, any transmitted details will be deleted promptly.

5. Duration

max.recall endeavours to provide the User with access to the projects as long as possible. However, the User - irrespective of the fact the max.recall is entitled to cease operation of the Website - acknowledges that max.recall is entitled to block access to the User account and to delete associated projects after three months, if (i) the User has terminated the contract or (ii) the User fails to pay the monthly subscription fee for three months.

6. General Terms for All Users

The User must protect its account from unauthorized and fraudulent use. The user shall notify max.recall immediately by email at support@smartcoder.at of any unauthorized or fraudulent use of its account, or if the User suspects that its account may be at risk.

max.recall will not refund any amounts paid by the User to max.recall before the User report an unauthorized or fraudulent use of its account.

max.recall has the right to close or cancel the account of any User in the event of any unauthorized or fraudulent use of the account.

Promotions and Free Offers: max.recall may run promotions and free offers, which may be subject to additional terms or restrictions. These promotions and offers may not be transferred between users.

7. Special Terms for Users with a Subscription

Subscription Requirement: In order to use SMARTCODER, the User must (i) be a registered user of SMARTCODER, and (ii) pay the stipulated price, including applicable VAT, if any, and any other fees or amounts associated with the subscription, by credit card or any other form of payment accepted by max.recall (the “Subscription”). If the User is not a registered user of SMARTCODER, the User must register before you can execute the Subscription.

Plans and Fees of Subscriptions: max.recall offers different Subscription plans so that the User can choose the one that best satisfies its needs. The different Subscription plans and applicable fees are available at www.smartcoder.at. All prices are subject to change at max.recall’s discretion at any time. Any price changes will be announced on the SMARTCODER Website.

8. Payment

Fee: Payment is made in advance for each subscription period. In other words, the User selects the subscription plan that best satisfies its needs. Once the User has signed up and paid for the Subscription, the selected plan will be associated with its account.

Due: Payments for the entire term of the User's Subscription shall be due immediately upon invoicing. Payment can be made using different online payment methods (e.g., Credit Card, ). If max.recall is unable to collect any fees from an account designated by the user due to lack of funds, the user shall bear all costs arising therefrom, including bank charges related to any debit entries or similar charges. max.recall may deliver invoices and payment reminders to the user by email.

Automatic Renewal: When Subscription period expires, the User's credit card will be charged automatically with the standard subscription fee which was valid at the arrangement, i.e., special offer prices do not apply in this case, and the User's Subscription will be renewed for the same period of time unless the User cancel's its Subscription, at least prior to the expiration of the current Subscription.

Account deactivation: If the payment fails, max.recall is entitled to deactivate the User account until further notice.

Refunds: It is not possible to refund any payments even if the service paid for has not been used.

Support: By paying the monthly subscription fee in advance, the User is entitled to use the max.recall e-mail support service with which max.recall will provide the User with technical support with respect to using SMARTCODER no later than three business days following a request by e-mail. However, this support service is not charged for by max.recall, with the result that the User has no right to it so that if the requested support is not provided or the support service ceases to be offered, the User is not entitled to make any legal claims.

9. Responsibility of the User

The User is solely responsible for all content and data such as graphics, text, audio or video files or software which they make available, exchange or published via the Websites and is therefore liable to max.recall for any loss or damage which may result from such content. The User guarantees and vouches that:

  • downloading, copying and using such content does not breach any intellectual property rights such as but not exclusively copyright, patents or trademarks of third parties;
  • the User, if its employees have intellectual property rights to the content, including software, has the agreement of these individuals to use the content including software as part of the use of the Websites or the aforementioned individual has waived these rights;
  • the User has obtained all necessary licenses for the content, in particular any software;
  • the content does not contain any viruses, worms or Trojans, or is generally likely to threaten, damage or destroy any data.

max.recall is entitled at its own discretion to delete any content which max.recall considers being contrary to the essence of the contract or policies of max.recall, or which pose a legal or practical risk to max.recall. In this instance, max.recall is also entitled at its own discretion, to block access to and the use of the Websites or their individual functions. In this instance, max.recall is not obliged to refund the payment for the services received.

10. Responsibilities of max.recall

It is not possible for max.recall to check all the content and data or software provided on the Websites with regard to their content and technical state and it therefore accepts no liability for its use. The operation of the Websites does not mean that max.recall endorses or supports the retrievable content, considers it to be useful or risk-free, has checked the available content and data for accuracy, technical inaccuracies, or typographical or any other errors, or whether the content contravenes any legislative provisions, or whether downloading, copying or using the data or content may violate the intellectual property rights or any other rights of third parties. The user is solely responsible for undertaking all measures necessary to protect their IT system against viruses, worms or Trojans, or any other content potentially harmful to or likely to damage the data. Freedom from viruses is therefore not part of the stipulated subject matter of the contract so that max.recall is in no way liable for this. max.recall therefore does not accept any liability for damage or loss which may be incurred when visiting the Websites or downloading content from the Websites.

It is not possible for max.recall to comprehensively check all the content, including software, available on the Websites and linked sites, nor the links themselves. max.recall has no influence over any sites which it does not operate itself and is therefore not responsible for their content or use. The existence of a link does not mean that max.recall represents the content of the linked site. The user is solely responsible for undertaking all measures necessary to protect their IT system against viruses, worms or Trojans, or any other content potentially harmful to or likely to damage the data. max.recall waives all liability for any damage incurred by using linked sites.

12. System availability

Notwithstanding that max.recall is essentially not liable for the availability of the Websites and the uninterrupted access to the Systems provided and the use of any other services, max.recall is entitled to limit the Systems and services or add new services or functions to the Websites. Such new services or functions are also subject to these TOS. The Websites and Systems are essentially available to the User 24 hours a day. However, max.recall is entitled to cease operation of the Website without cause. In doing so, max.recall is neither liable for the uninterrupted use of the Systems or the uninterrupted availability of Services, nor the guaranteed future use of the Systems and the availability of Services. max.recall is therefore not liable for any damage or loss which may result from the Systems or services being unusable.

13. Limitation of liability

The Systems, content and information provided to the User are prepared with the utmost care. However, max.recall, its licence provider and other contractual partners do not accept any liability, guarantee or warranty for the accuracy, completeness or currentness of the Websites, the Systems, content and other services, their suitability for a specific use or their continuously uninterrupted availability. The User uses the Systems, downloads content, receives information and uses the Websites at their own risk. In particular, max.recall accepts no liability for the fact that the provided Services are sufficient for the requirements of the User or yield the desired economic outcome for the User. The User is therefore solely responsible for all output and results received from the Systems, services and content provided by max.recall. max.recall also waives all liability for any loss or damages which the User may incur as a result of concluding or not concluding a business transaction on the basis of the Systems and services provided by max.recall. The User has no right to be provided with information about the sources of information and the processing of the data.

Insofar as liability is not generally excluded, max.recall is only liable in the event of intentional actions or omissions or extreme gross negligence - in the consumer business in the event of intentional actions or omissions or gross negligence - and only in the event of a breach of reasonable control obligations. The liability sum of max.recall is in any event limited to the payment that has been made to max.recall by the User within the previous 12 months from the enforceability of a claim against max.recall.

max.recall is not liable for any direct or indirect consequential losses, lost profit, declarative damages or financial damages or the costs of replacement good or services which may arise from the use of the Websites, Systems and services or from the loss and/or manipulation of data or the misuse or loss of any transmitted access data.

14. Responsibilities of the User

The User declares and guarantees that (i) the Websites are used strictly in accordance with these TOS, the data protection policy and any other applicable legal provisions (including any regional regulations of the state, federal state, city, municipality or administrative region or district in which the User is registered or from which the User uses the Websites), in particular but not restricted to any which standardise online codes of conduct or the transmission of data from Austria to the country in which the User is registered and that (ii) the use of the Websites does not infringe upon or violate the intellectual property rights of third parties.

The User is also obliged to refrain from using any software, technical devices or data which may lead to changes in the Systems, the content of the database or the Websites. Should the user breach any legal regulations by or with respect to using the Websites or any of the Systems or content available thereon, they shall indemnify max.recall against any resulting claims of third parties.

15. Intellectual property

Neither the conclusion of this contract nor use of the Websites constitutes a transfer of intellectual property rights from max.recall to third parties or the User. All intellectual property rights remain the exclusive intellectual and real property of max.recall with respect to third parties and any licensers.

In particular, the name max.recall, the max.recall logo, the name SMARTCODER, the SMARTCODER logo and all graphics and any other logos connected to the services provided on the Websites, the Websites themselves and any documentation and organisation of the Systems are subject to protection under company law, copyright, competition law and/or trademark law, and are the intellectual and real property of max.recall or third parties, so that using the Websites does not grant the User any rights or licenses. The User is prohibited from entering any requested and respectively analysed data, content or information in other public systems. The User must refrain from anything which may allow them or third parties to simulate the Systems and their contents.

To prevent the breach of any intellectual property rights of third parties, max.recall recommends that the User informs max.recall immediately the User is of the opinion that the content of the Websites or the content of linked websites has breached their intellectual property rights. max.recall shall investigate the alleged breach and respond to any queries with respect to the intellectual property rights of the User, and remove any content or links to web pages which make such material available. In the event that the User infringes the intellectual property rights of max.recall or a third party, or there is a risk of this occurring, max.recall is entitled to delete or block access to the Websites. In this event, max.recall is not obliged to refund any payment already received.

16. Contract amendment

max.recall reserves the right to amend these TOS from time to time for a number of reasons including, without limitation, for commercial reasons, to comply with applicable law or regulations, or for customer service-reasons. At any time, the then-current version of these TOS is available at www.smartcoder.at.

Changes to these TOS, require the consent of the respective user. If max.recall intends to implement such changes to these TOS, max.recall will give the User as much prior notice of such changes as possible. Such notice shall be made (i) via email to the email address the User previously supplied, (ii) on the relevant pages of www.smartcoder.at. Any such modifications will take effect within thirty days of publication.

In the event that the User does not consent to the changed TOS, it shall not be permitted to any further use of SMARTCODER.

Following amendment of the TOS, the continued use of SMARTCODER following the notification or, as the case may be, expiration of such thirty days-period, by any registered User shall be deemed User's consent to the amended TOS.

Any changes to these TOS must be made in writing. No ancillary oral arrangements exist.

17. Termination of contract

max.recall is entitled to terminate the contract and thereby the access of the User to the content and services of the Websites with immediate effect without notification or justification and therefore block the online access of the User. max.recall is not obliged to give notice of the termination of access. The User may terminate the contract by written notice to support@smartcoder.at. The contract is thus terminated after expiration of the current subscription period.

In any case, the contract shall be considered terminated insofar as max.recall completely discontinues the Websites, which max.recall is entitled to do. All contractual provisions, which according to their purpose are to remain effective following termination of the contract, including but not limited to provisions regarding intellectual property rights, liability limitations or confidentiality clauses, shall remain effective following termination of the contract.

18. Miscellaneous

This contract contains all agreements made between max.recall and the User. Amendments to this contract require the written form or the publication of an amended version of the TOS by max.recall and subsequent use of the Websites by the User to be legally effective.

The User agrees that the data they provide may be processed electronically, in particular for billing purposes. The User also agrees that max.recall may inform the User by telephone, fax or e-mail at appropriate intervals about max.recall products and services. This agreement may be revoked at any time.

The user expressly agrees to receive an electronic invoice only for the services used.

19. Data protection and confidentiality

The User is obliged to comply with the provisions of the data privacy laws and shall indemnify max.recall against any resulting claims in this regard. On concluding the contract, the User also agrees to be legally entitled to receive the transmitted data and to have an overriding legitimate interest in the use of the data in the sense of § 8 clause 1 No. 4 DSG 2000 (Data Protection Act). In the event that claims are asserted against the User on the basis of the DSG, the User is obliged to make max.recall aware of the person making this claim and the basis upon which the claim is being made. max.recall accepts no liability for any damages or losses if access to stored data is denied on the basis of legal or other provisions.

The User must also make suitable provisions to protect and secure the transmitted data against unauthorised access by its own employees and third parties. In particular, the User must ensure that the data is treated as confidential by employees, even once the employment relationship has been terminated. The User is liable to max.recall for any damages or loss arising from the breach of provisions with respect to data protection.

The contractual parties are obliged to treat as confidential all information provided to them in connection with the preparation and performance of their business relationship which is not generally known and with regard to which the other contractual partner has an interest in confidentiality (in particular, trade and commercial secrets and customer data) even once the business relationship has ended. The contractual parties shall ensure that their employees and any assistants also comply with the level of confidentiality required.

The User is liable to max.recall for any damages or loss arising from the breach of the above provisions by them or third parties to which the data have been passed.

20. Information for customers from the Consumer Protection Act

A customer may cancel any contract or declaration of agreement concluded as part of a distance selling process within 7 business days from the day on which the agreement was concluded (service agreements), whereby Saturday is not considered to be a business day. It is sufficient for the cancellation to be sent within the specified period. The consumer has no cancellation rights with regard to agreements for services which the consumer has begun to make use of as per the agreement within 7 business days of the agreement being concluded.

21. Applicable law and court of jurisdiction

The contractual relationship between the User and max.recall is subject to Austrian law with the exception of the UN purchasing law and without recourse to referral to the law of a third country. Any disputes arising between the User and max.recall as a result of this contractual relationship - including any with regard to its existence or non-existence - shall be, insofar as they are legally permissible, the responsibility of the respective court in Vienna competent for the matter concerned.

22. Severability clause

In the event of individual provisions of this contract becoming ineffective due to legislative regulation, this shall not affect the validity of the remaining provisions. The ineffective provision or identified contractual loophole shall be replaced by a suitable provision which shall provide the commercial aims originally intended by the parties.

TOS Version: 24th May 2018

max.recall information systems GmbH
Künstlergasse 11/1, 1150 Vienna, Austria

Privacy Policy

Preamble

max.recall information systems GmbH (hereinafter referred to as "MAX.RECALL") is the operator of the SMARTCODER Service (hereinafter referred to as "SMARTCODER"), which is made available at www.smartcoder.at.

SMARTCODER is an online service for automatic coding of free-text answers in text surveys.

All data is processed according to applicable data protection regulations. This privacy policy complies with the legal requirements that come into force on 25 May 2018, the European General Data Protection Regulation (GDPR).

MAX.RECALL requires your personal information in order to provide the SMARTCODER service to you. Without your consent, MAX.RECALL will not pass any personal information on to third parties for advertising or other purposes.

The processor responsible for the processing of your personal data is

max.recall information systems GmbH

Künstlergasse 11/1

A-1150 Vienna, Austria

Business Purpose: Services in automatic data processing and information technology

Commercial Registry No.: FN 386368 p

Commercial Court: Commercial Court Vienna

VAT ID: ATU 67438267

Managing Director: Dr. Helmut Berger

Web: www.max-recall.com

Email: ds@max-recall.com

Phone: +43 1 2369786

General

By registering with SMARTCODER you authorize MAX.RECALL to collect, to process and to use personal data in order to provide the SMARTCODER services to you. Your consent will be logged by SMARTCODER.

At any time, you have the right to revoke, in whole or in part, the consent to the use of your data.

Purpose of SMARTCODER

The purpose of SMARTCODER it to carry out the automatic coding of free-text answers in text surveys. SMARTCODER performs an intelligent content analysis process of the free-text answers and automatically generates an accurate code table and assigns appropriate codes to free-text statements. Additionally, a CodeCloud that visually summarizes the survey is provided.

How it works:

  • Upload your survey data in Excel or. csv format and select the variables to be coded.
  • Start the automatic coding process.
  • Download code table, coded answers and CodeCloud.
  • the business licenses of MAX.RECALL for "Services in automatic data processing and information technology" as well as
  • the consent and contracts of or with the users of the data.

Which data is collected via the contact form?

If you send a message to MAX.RECALL via the contact form, you consent to the collection of your name and email for the purpose of responding to your request.

Which data is collected when registering with SMARTCODER?

  1. User information:
    • Email
    • Password
    • Preferred Language
    • Salutation
    • Academic degree (optional)
    • First name
    • Last name
    • VAT ID (optional)
    • Company name (optional)
    • Department (optional)
    • Company address
    • ZIP
    • City
    • State (optional)
    • Country
    • Mobile phone (optional)
    • Landline (optional)
    • FAX (optional)
    • IP address
  2. Survey:
    • The surveys that you uploaded for processing.
  3. Credit card data:
    • For billing, credit card data are processed directly by our payment processor PAYMILL GmbH, St.-Martin-Straße 63, 81669 Munich, Germany. The credit card data is neither transferred to MAX.RECALL nor stored by MAX.RECALL.

In addition, personal data may be collected during correspondence and other activities (e.g., purchase of a subscription).

Each interaction with the SMARTCODER web site generates usage data that is stored in our log files. The following data is collected:

  • Content retrieved
  • Date and time of the server query
  • Browser type / browser version
  • Operating system used
  • Referrer URL (website previously visited)
  • IP address
  • Name of page retrieved
  • Amount of data transferred
  • Status code
  • User ID on www.smartcoder.at

In the login records, the following data is stored each time you log in:

  • Date and time of login
  • User ID on www.smartcoder.at
  • IP address (Internet Protocol address)
  • Session ID cookies

What is personal data?

Personal data is any information that makes you identifiable as a person or allows conclusions about your personal circumstances.

Your consent.

For which purpose is the data collected?

When you create a user account, the above data will be collected and processed in order to enable the coding of surveys with SMARTCODER.

We would like to inform you that MAX.RECALL will send you information about updates, new features and offers from SMARTCODER. In this particular case, MAX.RECALL will processes your e-mail address and your name.

If you do not wish to receive this information please sent a short note to ds@max-recall.com.

Third parties / Sub-Processors

Without your consent, MAX.RECALL will never pass any personal information on to third parties.

However, to provide the SMARTCODER service to you, MAX.RECALL makes use of sub-processors who provide hosting and billing services for MAX.RECALL and MAX.RECALL has concluded data processing agreements with these sub-processors for the respective purposes.

  • PAYMILL GmbH, St.-Martin-Straße 63, 81669 Munich, Germany → Payment Processing
  • Hetzner Online GmbH, Industriestr. 25, 91710 Gunzenhausen, Germany → Hosting Provider
  • Google LLC, 1600 Amphitheatre Parkway, Mountain View, CA 94043, USA → Google Analytics

For legal reasons, MAX.RECALL may be obliged to disclose data if this is necessary for the assertion, exercise or defense of legal claims before an authority.

Storage duration / data deletion

Data will be deleted no later than three months after you have requested to close your SMARTCODER account.

Cookies

This website uses cookies. Cookies make websites more user-friendly and efficient for users. A cookie is a small text file that is used in order to store information. When visiting a website, the website may store a cookie on the computer of the visitor to the website. If the user visits the website again, the website may read the data from the cookie previously saved and e.g. establish whether the user has previously visited the website and which areas of the website the user was particularly interested in.

The user may adjust the web browser settings in order to determine how the web browser handles cookies, and which cookies are accepted or refused. The precise location of these settings is dependent upon the relevant web browser. Detailed information regarding this matter may be found using the help function of the relevant web browser. If the usage of cookies has been limited, it may not be possible to use all of this website’s functions under certain circumstances.

Cookies used by SMARTCODER

SMARTCODER uses the following cookies:

CookieConsent → used in order to save consent to the usage of cookies.
Google Analytics (ga) → used for audience measurement
Google Analytics Disabled (ga-disabled) → used in order to save the opt out from Google Analytics.

Internet audience measurement

We use internet audience management tools on the basis of our legitimate interests (analysis and optimisation of our online content pursuant to Article 6(1)(f) GDPR).

Google Analytics

This website uses Google Analytics, a web analysis service provided by Google Inc, on the legal basis of our overriding legitimate interest (analysis of website usage). We have concluded a contracted data processing agreement with Google for this purpose.

When retrieving our website, a connection will be established using software with the Google servers and data will be transmitted to Google servers, some of which are situated in the USA. Google Analytics also uses cookies in order to store information concerning the website user and to analyse how the website is used by visitors.

This website uses the function “activate IP anonymization”. This means that your IP address will first be abbreviated by Google within the Member States of the European Union or in other States party to the Agreement on the European Economic Area. The full IP address will only be transmitted to a Google server in the USA and abbreviated at that location in exceptional cases.

According to information provided by Google, Google will use the data collected in order to assess usage of the website, to generate reports concerning website activities and to provide additional services associated with website and internet usage.

Google will also pass this information on to third parties if required to do so by law or where third parties process these data on behalf of Google.

More detailed information as to how user data is handled by Google Analytics may be found in the Privacy Policy of Google or of Google Analytics.

Deactivate Google Analytics

  • You can prevent your user data from being collected by Google Analytics as a general matter on all websites by downloading and installing the browser plugin available through the following link: https://tools.google.com/dlpage/gaoptout?hl=de
  • You can prevent your user data from being collected by Google Analytics on this website only by clicking on the following link. This will install an opt-out cookie, which will prevent your data from being collected during subsequent visits to this website: Google Analytics Opt-Out

Your rights

You have the right to obtain information, to correct, to erase and to limit the processing of personal data; you also have the right to data portability.

You have the right to revoke any consent to the processing of your personal data that you have granted. The legality of any processing that has occurred in accordance with your consent prior to revocation will not be affected by revocation.

You have the right to object to the processing of your personal data for the purpose of direct advertising. In the event that you object, your personal data will no longer be processed for the purpose of direct advertising.

You also have the right to complain to the supervisory authority (Österreichische Datenschutzbehörde [Austrian Data Protection Authority], Hohenstaufengasse 3, 1010 Vienna, dsb@dsb.gv.at).

Severability clause

In the event of individual provisions of this contract becoming ineffective due to legislative regulation, this shall not affect the validity of the remaining provisions. The ineffective provision or identified contractual loophole shall be replaced by a suitable provision which shall provide the commercial aims originally intended by the parties.

Data Protection Policy Version: 24th May 2018

max.recall information systems GmbH
Künstlergasse 11/1, 1150 Vienna, Austria