Terms and Conditions for UX Research Program

    ChemAxon User Experience (UX) Research Program

    Terms and Conditions

    For Participants

    1. Introduction

      1. ChemAxon Ltd., with registered office is at Záhony utca 7., Budapest, Hungary, H-1031 (the “ ChemAxon ”, “ our ”, “ us ”, “ we ”), is a legal entity developing software platforms and tools mainly in the field of chemistry and biology. ChemAxon runs its User Experience (“UX”) Research Program (“ Program ”) that aims to gather information from selected participants regarding conditions, values and use of products in order to improve our tools to best serve its customers’ needs. The Program consists of studies of which one of ChemAxon’s software product and/or solutions (e.g. hosted services or software as a service) (the “ ChemAxon Software ”) or a feature thereof, etc. is the subject (“ Study ”).

      2. This document details general terms and conditions for the Program (“ Terms and Conditions ”). The way how we run the particular Studies may vary within the Program. At the beginning of the Study, we will define how the given Study runs .

      3. Within the Program, we may release and request to fill out a form (“ Participant Form ”) before the Study starts that helps to select participants for the Study or simply just contact you. Then, we perform personal interviews and test for achieving the above aims.

      4. After reviewing your Participant Form filled out or contacting you, we will proceed with a selection of Participants for the interview and the testing the ChemAxon Software (the “ Interview Phase ”). If you are selected, you will be contacted (again) and invited for an Interview Phase. There can be several interviews during the Interview Phase if needed and agreed.

      5. The Participant is an individual person who may fill out and submit the Participant Form to ChemAxon and – if selected by ChemAxon – participate the Program or the Study (the “ Participant ”).

      6. During the Interview Phase, we will have an informal talk with the Participants about their general practice of using the ChemAxon Software or a feature, etc. We may also take a closer look at ChemAxon Software together and test how the Participants use it in particular test cases. This helps us to learn about user behaviors. In order to further process the learnings and findings, the audio and the video of the interview may be recorded as well as the Participant’s actions during the test i.e. the voice and the mouse movements (the “ Records ”).

      7. Participants selected for the Interview Phase of the Study may be rewarded with an incentive (the “ Incentive ”) upon completing the entire Program or the Study according to this Terms and Conditions .

      8. If you have any concerns in relation to the Program or the Study, please email to uxresearch@chemaxon.com

    2. Eligibility

      1. The Program is only open to persons who:

        1. are 18 years old or older;

        2. does not fall within Clause 2.5.

      2. Each Participant who will be selected for the Interview Phase may be requested to fully complete the Participant Form and provide identification, contact and administrative data on it. By filling out and submitting the Participant Form, you agree to voluntary participate in the Program or the Study.

      3. Only one submission of the Participant Form per individual person will be accepted for a Study. Bulk entries or entries sent through trade, consumer groups, agents or third parties will not be accepted.

      4. We may, in our sole decision, decide as to whether any eligibility requirement has or has not been met for any Participant.

      5. ChemAxon’s employees and members of their immediate families may neither participate the Program nor receive the Incentive.

      6. Please keep in mind that not all of you, who fill out the Participant Form, will enter the Interview Phase. Anyone of you who is not selected will not be eligible to receive any Incentive.

    3. Participation

      1. By submitting the Participant Form (if applicable) or by participating in the Program, you agree to be legally bound by this Terms and Conditions, and you warrant that you meet the above eligibility criteria. You should read these terms in their entirety.

      2. If applicable in the Program or for the Study: The start date for the Program or the Study is the day when the Participant Form is first published, or if the Participant Form is not used when you are first invited for the Interview Phase. (“ Start Date ”). The closing date for the Program or the Study is midnight of the day as ChemAxon announces (“ Closing Date ”). Submission of the Participant Form filled out may be made from the Start Date until, and including, the Closing Date. Late submissions (if applicable, i.e. that are made after the Closing Date) will not be accepted.

      3. If the Participant Form is used for a Study, you must complete and submit it to enter the Interview Phase. Then, we will proceed with a selection process. The Participant Form is made available electronically by us, the link will be published. We reserve the right to reject any Participant Form that are duplicates, incomplete, incomprehensible, damaged or otherwise deficient or invalid. We accept no responsibility for any late, lost or misdirected submission of the Participant Form including but not limited to submissions not received due to technical disruptions, network congestion or any other reason.

      4. If you are just simply invited for a Study, you will automatically become a Participant when we reach out for you.

      5. We reserve the right to reject any entry that are unlawful, indecent, racist, inflammatory, defamatory or which we consider in our absolute discretion to be otherwise harmful to our goodwill and reputation. These rights extend to removing such entry if previously accepted.

      6. Where a Participant has been found to be in breach of any of this Terms and Conditions, we may nevertheless still enforce our right to disqualify that person even if the Interview Phase were done.

    4. The Incentive

      1. Incentive(s) for a Study will be determined by ChemAxon at its sole discretion and (if applicable) be announced at the beginning of the Study. For clarity, not all Studies reward Incentive(s).

      2. Each Participant who is selected for the Interview Phase will be rewarded with Incentive(s).

      3. Participants who will not meet the criteria to be selected for the Interview Phase or disqualified at any phase in the Program or the Study will not receive any Incentive.

      4. Each Incentive will be conveyed to the Participant within 60 days following the interview and test.

      5. Should a Participant’s contact details change, it is their responsibility to notify us of such a change.

      6. If a Participant who finalized the Interview Phase is unable to or does not take any of the above Incentives at the time stipulated by us then the Incentive(s) will be forfeited.

      7. We won’t offer or substitute a cash alternative to any Incentive. You are not entitled to and may not request an alternative Incentive, whether cash or otherwise.

      8. All Incentives are subject to availability and are non-transferable and non-exchangeable. Where an Incentive is not available, we shall have the right to substitute it with an alternative of equal value at ChemAxon’s sole discretion.

      9. Any tax payable as a result of an Incentive being rewarded or received will be the responsibility of the Participant. The Participant should seek independent financial advice prior to accepting an Incentive if this is a concern, for which they cannot charge ChemAxon.

      10. We make no representation or warranty in relation to Incentives provided and to the fullest extent permitted by law and we shall have no liability to you in relation to any Incentive.

      11. No additional, further or other costs or expenses are included in any Incentive unless stated.

      12. No fees shall be payable to you or any Participant in relation to their completion and submission of the Participant Form or participation in the Program.

    5. Personal Data

      1. The Personal Data supplied by you will be used by us in accordance with ChemAxon’s privacy policy, which you may read here: http://www.chemaxon.com/privacy-policy/ (“ Privacy Policy ”) Terms and conditions of the Privacy Policy will be accepted and agreed by you upon submission of the Participant Form to ChemAxon (if applicable) or by participating in the Program. You may have your details removed from our database by contacting us. Details of how to contact us are listed in the Privacy Policy referred to above. If details are removed prior to the conclusion of the Participant Form and/or reward of or date arranged for Incentive(s), Participants will however forfeit their right to claim or receive, whichever shall be appropriate, any Incentive.

      2. Other then specified in our Privacy Policy, we are providing you with the information which are specific to the Program and with the Privacy Impact Test as needed for the basis of documenting our legitimate interest to process your Personal Data. For the purpose of this Section 5, term “ User ” will be used for persons who are already in a contractual relationship with us and have already used the ChemAxon Software; “ Possible Future Users ” will be used for the persons which have no contract in place with us and who still haven’t used the ChemAxon Software.

        Purpose of processing Personal Data exploring the Users’ experience in order to improve the designs or features of ChemAxon Software that is being tested
        Legal basis of processing Personal Data necessary for performance of a contract with Users who are already in a business relation with us and purpose of legitimate interest
        Category of Personal Data name, email address, audio and video record of the Interview
        Storage Period 5 years from the Closing Date
        Accessibility to the Personal Data ChemAxon staff only, on a need to know basis
        Effected Data Subjects Users and Possible Future Users (selected students, teachers or business people of the scientific field or the industry targeted by ChemAxon)
        Description of legitimate interest testing the quality of the ChemAxon Software and expanding the group of Users - will be described below detailed
      3. We will collect your Personal Data as it is necessary for the purposes of a legitimate interest. We are providing you here with the Privacy Impact Test regarding this matter. In order to ensure that Users are informed about our Privacy Impact Test and keeping in mind that the interference is kept on minimal level, we are providing you here with the test and will not make any separate documents about this.

        1. Defining the legitimate interest of ChemAxon

          1. ChemAxon’s aim is to deliver better and better Software in order to maximize customer satisfaction. ChemAxon UX Research, which may include software usability tests, contributes to improve ChemAxon Software and creates strategy for future developments.

          2. To the existing or the Possible Future Users, who have not worked with a new ChemAxon Software yet or do not know about the new design or features of existing ChemAxon Software, we want to introduce new tools that can be used in their education or business, and by this way, raise the possibility to provide better solutions or expand the group of our Users.

        2. Defining the interest of the existing or the Possible Future Users

          1. Selected Users will be able to test the ChemAxon Software. The test results that may lead to better ChemAxon Software can deliver value for and be of use in the education or business of existing or the Possible Future Users (as well as all Users in fact).

          2. In addition, they will also be informed about the ChemAxon Software in the field of their profession, education and business available on the market.

        3. Result of the Test

          1. In order to achieve ChemAxon’s aim, processing of Personal Data as described in this Participant Information Sheet is necessary and the legitimate interest cannot be achieved in any other way, which would interfere less with the privacy of the possible Users. We are storing only the Personal Data that is necessary for being able to participate in the Program for the predefined and adequate time period.

          2. ChemAxon UX Research or the software usability tests does not interfere with the personal sphere of the existing or the Possible Future Users but targets to call out regarding their professional activities and business life.

      4. The legitimate interest of ChemAxon is in balance with the interest of the existing or the Possible Future Users taking into consideration the principles of necessity and proportionality. ChemAxon shall implement and maintain commercially reasonable and appropriate technical, administrative, and physical safeguards and security methods designed to prevent any unauthorized release, access to or publication of your Personal Data provided with your Participant Form (the “ Personal Data ”). ChemAxon shall implement processes and maintain procedures designed to comply with applicable laws and shall facilitate your data security obligations with respect to Personal Data in ChemAxon’s possession or control to the extent that you are required to comply with the following: (i) the Hungarian Act CXII of 2011 on Informational Self-determination and Freedom of Information; (ii) the General Data Protection Regulation (EU) 2016/679 of the European Parliament and of the Council (“ GDPR ”) and any applicable laws enacted by an EU member state implementing the requirements of the regulation; and (iii) any amendments and successors to the aforementioned privacy laws, or any newly enacted applicable laws regarding privacy. ChemAxon shall not process Customer Data for any other purpose. ChemAxon’s Personal Data Management - General is incorporated by this reference and is located at https://docs.chemaxon.com/display/docs/Personal+Data+Management+-+General .

      5. Upon your action by any means, including without limitation, by completing and submitting the Participant Form and providing us with your details or by marking the checkbox on a consent form or letting us know via email, you are consenting that you are voluntarily participant in the Program and you agree with ChemAxon creating and further processing the Records according to Section 1.f for 10 years from the date of the interview. You are also consenting to receiving communications from us by email relating to Interview Phase, the Program and our products, services and promotions that we feel may be of interest to you.

      6. Any and all copyright in any publicity or promotional materials in relation to or connection with the Participant Form and the Program will be owned by us.

    6. Confidentiality

      1. You shall keep in confidence and shall not, without the prior written authorization of ChemAxon, publish, disclose to any third party or use for any purpose other than as contemplated by this terms and conditions any and all information or data disclosed to or developed by ChemAxon in connection with the Program (including information disclosed in any preliminary discussions or negotiations) or with the Services performed hereunder (collectively “Confidential Information”). By accepting this terms and conditions, you confirm to understand that all the information provided during the Program shall be treated as confidential. For this purpose, the term “Confidential Information” will not include information or data that: (a) is publicly available through no fault of yours; (b) you can demonstrate (through written records) was in your possession before receipt from ChemAxon or creation in connection with the Services or the Program; (c) is disclosed to you by a third party with the legal right to do so; (d) is independently developed or discovered or invented by employees, agents, or contractors of yours without use of or reliance on the Confidential Information; or (e) is required to be disclosed pursuant to judicial process, court order or administrative request, provided that you shall so notify ChemAxon sufficiently prior to disclosing such Confidential Information as to permit ChemAxon to seek a protective order and will only disclose such information as may be required by the court or administrative agency. You shall ensure that each of your employees, subcontractors, coworkers and agents who have access to Confidential Information understand the confidential nature thereof and are bound by written agreements restricting the disclosure and use of Confidential Information that are no less restrictive than those set forth in this Section 6.

    7. Tampering and other matters

      1. If for any reason the Participant Form, the Study, and/or the Program or the procedure thereof is not capable of running as planned as a result of any (including but not limited to) technical failures, unauthorized intervention, computer virus, mobile network failure, tampering, fraud or any other causes beyond our control which corrupt or affect the administration, security, fairness, integrity or proper conduct of the Participant Form, the Participant, the Study, and/or the Program, we reserve the right to cancel, terminate, modify or suspend the Participant Form, the Participant, the Study, and/or the Program or selection process related to the Program and/or not to select any Participant who (whether directly or indirectly) causes (or has caused) the problem.

    8. Termination of the Program

      1. We may vary the terms of, or terminate, the Participant Form, the Study, and/or the Program at any time in our absolute discretion without liability to any entrant or other person. We will not reward any Participant if the selection process is terminated.

    9. Our decisions are final

      1. All of our decisions relating to the Program and/or redemption of the Incentive are final. No discussions or correspondence with you or the Participant or any other person will be participated in.

    10. Failure to enforce terms and conditions

      1. A failure by us to enforce any one of these terms and conditions in any instance(s) will not give rise to any claim or right of action by you or any Participant, nor shall it be deemed to be a waiver of any of our rights in relation to the same.

    11. Exclusion of liability

      1. Except as specifically set out herein and to the maximum extent permitted by law, all conditions, warranties and representations expressed or implied by law are hereby excluded.

      2. To the fullest extent permitted by law, we hereby exclude and shall not have any liability to you or any Participant in connection with or arising out of the Participant Form, your participation, the Study, and/or the Program howsoever caused, including for any costs, expenses, forfeited Incentive, damages and other liabilities, provided that nothing herein shall operate so as to limit or exclude our liability for personal injury or death caused by our negligence.

      3. In the event that any provision of these terms and conditions are held to be illegal, invalid, void or otherwise unenforceable, it shall be severed from the remaining provisions, which shall continue in full force and effect.

    12. Governing law

      1. These terms and conditions shall be construed in accordance with and governed by the laws of Hungary and subject to the exclusive jurisdiction of the courts of Hungary.

    13. Interpretations

      1. In these Terms and Conditions , unless the contrary intention appears:

        1. the clause headings are for ease of reference only and shall not be relevant to interpretation;

        2. a reference to a clause number is a reference to all its sub-clauses;

        3. words in the singular number include the plural and vice versa;

        4. a reference to a clause is a reference to a clause of these terms and conditions;

        5. where a word or phrase is given a particular meaning, other parts of speech and grammatical forms of that word or phrase have corresponding meanings;

        6. the use of any gender is applicable to all genders;

        7. whenever these terms and conditions refer to a number of days, unless otherwise specified, such number refers to calendar days.

    Version Control: August 2020. VERSION 2.0