““FAIRO Champions program”
(program code E2022 / 01) [1]
FAIRO GmbH, Am Stadtpark 9, 1030 Vienna, registered with the Commercial Court Vienna (Handelsgericht Wien) under FN 552682v, (hereinafter “FAIRO”), will grant rewards in the amounts mentioned below (hereinafter each a “Reward”) to the three customers issuing the highest number of invoices during the time period from 01.01.2022 to 31.12.2022 under the conditions as detailed below (the „Program“):
Conditions:
A Reward is granted to the customers of FAIRO who
- are a natural person or as a representative company doing business as an entrepreneur in Romania;
- are registered in the FAIRO application under the conditions as set out in the General Terms of Conditions of FAIRO (each a „User“);
- issued the (i) highest, (ii) the second highest, and (iii) the third highest number of invoices via FAIRO APPLICATION during the time period from from 01.01.2022 to 31.12.2022 (the „Reward Period“).
- Each Invoice that is (i) created and sent through the App by a User within the Reward Period and (ii) paid to the account of the User mentioned in the invoice and connected to the App within the Reward Period will participate in the counting automatically (each a “Participating Invoice”).
- Winners of a Reward will be notified by Fairo via email and phone (if the phone number is provided to FAIRO by the User);
- Each Reward will be disbursed to the bank account specified by the winner within 14 working days.
The following Rewards will be granted:
400 RON – to the Participant, who issued the highest number of Participating Invoices during the Reward Period;
350 RON – to the Participant, who issued the second highest number of Participating Invoices during the Reward Period;
250 RON – to the Participant, who issued the third highest number of Participating Invoices during the Reward Period;
All further liability out of or in connection with the Program shall be excluded. There is no recourse to any courts. FAIRO fully reserves the right to disqualify any User from participation in the Program in case of any founded suspicion of fraud or any other kind of misuse.
This event shall be governed by the laws of Austria excluding its conflict of law provisions and any dispute arising in connection with this event shall be decided by the courts competent for the first district (Innere Stadt) of Vienna, Austria.
Personal data processing within the scope of this event
FAIRO will process the personal data of its Participants under article 6 paragraph 1 letter f) of the General data protection regulation (EU) 2016/679 (hereinafter the “GDPR”) for the purpose of the realisation of its legitimate interest in the support the awareness of its brand, and in the support of the sale of its services, and furthermore for the purpose of establishing, enforcing and/or defending itself against any legal claims.
Information according to the article 13 GDPR
Identity and contact details of the controller: FAIRO GmbH, Am Stadtpark 9, 1030 Vienna, registered with the Commercial Court Vienna (Handelsgericht Wien) under FN 552682v. Contact e-mail address is: support.ro@fairoapp.com.
Purpose of personal data processing: support the awareness of the brand, support of the sale of services. Establishing, enforcing and/or defending against any legal claims.
Legal basis of personal data processing: realization of legitimate interest under article 6 paragraph 1 letter f) GDPR.
Categories of personal data being processed: identification and contact details, bank account number (IBAN), and information about the use of the FAIRO application and issuance of invoices
Categories of recipients: none
Intention on the transfer of personal data to third countries or international organizations: the controller does not intend to transfer the personal data to third countries nor to international organizations.
Retention period of personal data of data subjects: until the end of the promotion and three years thereafter.
Rights of data subjects: the data subject shall in particular have the right to request from the controller access to personal data relating to the data subject, the right to rectify or delete them or to restrict processing, and to object to the processing as well as the right to data portability. The data subject also has the right to file a complaint with the competent local supervisory authority and to address to the competent courts of law. Data subjects can also address the Austrian Data Protection Authority, Barichgasse 40-42, 1030 Vienna, Austria, www.dsb.gv.at or to their local data protection authority.
The provision of personal data is not a legal or contractual requirement or a requirement to conclude a contract. The provision of personal data is voluntary. If the data subject does not provide her/his personal data, she/he will not be able to receive the Bonus in this event.
Personal data is not subject to automated decision-making, including profiling.
For the sake of completeness, please note that information on the processing of personal data in connection with the registration in the FAIRO application can be found here.
Confidentiality
(1) The Participant agrees that confidential information shall be deemed to be any information of a confidential nature in any form, electronic data and/or facts of any kind, including commercial, industrial, organizational, technical information, know-how or any other intellectual property rights, data, documents, personal data about any person or any other information regarding the clients or any other contractual partners of the FAIRO, its employees, internal information (including, but not limited to, facts constituting the trade secret), as well as any other information regarding FAIRO and obtained by the Participant in connection with the Feedback program before and/or after the approval of the conditions above as well as information on the existence, subject and content of the Feedback program, (“Confidential Information”).
(2) Confidential Information shall not be deemed to be any information that:
- a) is, or will become in the future, publicly known to the general public with all details provably in a manner other than through a breach of the obligations set out herein;
- b) is provably known to the Participant prior to the effective date hereof without any obligation to treat it as confidential;
- c) the Participant has legally received from a third person that is not obliged in any manner to treat it as Confidential Information;
- d) the Participant obtains independently without violating any legal regulation and/or provision hereof.
(3) At the request of FAIRO the Participant shall be obliged to prove the existence of a reason for the information disclosure.
(4) The Participant also undertakes to keep confidential any facts and information that the other Party has explicitly designated as Confidential Information using the note of “Secret”, “Confidential”, “Trade Secret” and the like. The Participant and FAIRO agreed that it is not necessary to explicitly designate the Confidential Information; however, for the avoidance of doubt about the nature of information, its designation is useful, especially in the event that the information nature may not be unambiguously clear and the confidentiality of such information is important.
(5) The Participant undertakes (i) prevent to any leak, disclosure or dissemination of Confidential Information obtained from the other Party and (ii) to protect the Confidential Information at least in the same manner in which it protects its Confidential Information of a similar nature and importance, but always in the manner customary for the protection of trade secret. For this purpose, the Participant undertakes to take any measures to ensure the protection of Confidential Information.
(6) The Participant may disclose Confidential Information to its legal or tax advisors. However, only provided that such persons shall be obliged to protect Confidential Information at least under the same conditions as those arising from this contract. If any such person breaches the confidentiality obligation, the Participant shall be liable for any such breach as if the Participant breached the obligation by itself.
(7) The Participant undertakes to use any Confidential Information obtained from the other Client solely for the purpose of fulfillment of this contract.
(8) The Participant undertakes to handle the Confidential Information of this Conditions not only during the entire period of validity and effectiveness of this contract, but also 3 years after the expiration of this contract.
(9) Without delay, however, no later than within ten (10) working days after receipt of a written request of FAIRO, the other Participant shall destruct or return to FAIRO (at the FAIRO’s discretion) any documents, materials and carriers containing or referring to any Confidential Information together with any copies that (i) are kept by or under control of the Participant and/or kept by or under control of any person to whom such materials were disclosed by the Participant in accordance with this contract or with the consent of the Client, and (ii) are in a form allowing the handover and/or destruction, including, but not limited to, any carriers with computer programs, documentation, notes, plans, sketches and their copies databases etc. The Participant shall use for destruction / deletion of the Confidential Information any available means and will procure that any third person to whom the Confidential Information was disclosed pursuant to this agreement or with the consent of the Client will return or destruct the Confidential Information as well.
(10) The Participant shall be liable for any handling of Confidential Information, disclosed to it by FAIRO, contrary to this contract.
(11) If the Participant breaches any obligation set forth herein, then the Participant shall be obliged to make its best efforts to (i) prevent any further handling of Confidential Information contrary to this contract and (ii) minimize damage caused by or resulting from such handling.
(12) In the event of a breach of any obligation set forth in paragraphs 1 to 11 of this article, the Participant shall be obliged to pay FAIRO a contractual penalty of EUR 5,000 (in words: Five Thousand EUR) for each individual case of the obligation breach. Neither the arrangement nor the payment of the penalty hereunder shall affect the right of the Client to full damages.
(13) The Parties have agreed that any contractual penalty hereunder shall be payable within fifteen (15) days after the date of Breaching Party’s receipt of a rightfully issued penalty bill.