TERMS & CONDITIONS / DATA PROCESSING AGREEMENT
(Revision date: 23 May 2018)
Please read these Terms & Conditions (the “Agreement”) and the Data Processing Agreement (the “DPA”) carefully before refer guests. The Agreement and the DPA explain the terms and conditions that govern your participation in the Referral Program. It is your responsibility to read and understand Agreement and the DPA.
By pressing the activation link, you agree to be bound by the Agreement and the DPA.
PERE Referral Program is a way for individuals and entities to refer guests to PERE and its partners and, in exchange, earn a Referral payment for each successful referral transaction.
“You” means a referring party, an individual or entity, that submits a Referral.
“Referral” means the prospective guest being referred to PERE and its partners.
“Successful Referral” means that a Referral completed a transaction with PERE.
ELIGIBILITY AND REGISTRATION REQUIREMENTS
In order to participate in the Referral Program and receive Referral payments you: (i) must be at least 18 years of age or older; (ii) must use the PERE Platform to direct Referral(s) to PERE and its partners; (iii) must have a genuine belief that each Referral is interested in receiving PERE services and (iv) agree to be bound by the Agreement and the DPA.
Certain entities prohibit their employees from individually receiving Referral payments from PERE. If you are an employee of such entity, you are not eligible for participation in the Referral Program. PERE offers the Referral program to the entity, hence, enrollment to the Referral programs is governed by the appointed administrator.
By submitting a Referral you represent and warrant that you are eligible for participation in the Referral Program.
EARNING REFERRAL PAYMENTS
Referral(s) must execute a transaction through the PERE Platform (e.g. book and dine in a restaurant, complete a purchase of attraction tickets and/or make use of transport booked). Once the transaction(s) is successfully completed by the Referral(s), calculation of earned Referral payment will be performed based on the PERE partners´ individual Referral payment agreements. The Referral payment amounts are subject to change according to PERE’s flexible Referrals system at any time.
You either receive your Referral payment:
- through the entity you work for, hence, the payout amount is regulated in the agreement with the entity administrator, or
- directly from PERE either through bank transfer or PayPal account. In order to receive the Referral payment, you shall provide PERE with your bank account or PayPal through your profile on the PERE Platform. If you do not provide such information, when you start using PERE services, PERE will contact you when you are eligible for a referral payment and ask for your banking information. PERE will pay Referral payments to your bank or PayPal account, and you are solely responsible to ensure the accuracy of provided information. PERE will process Referral payments to you within three (3) calendar months from the date earned pursuant to this Agreement. The rates for Referrals provided on our PERE Platform do not include any transaction fees. You are responsible for any transaction fees imposed by bank or Paypal on Referrals payments that you receive from us. The sum of referral payment must be in excess of 100 GBP or equivalent in local currency before a referral payment will be paid.
PERE is not held accountable to partners fulfilment of services to guests. Missing payments from PERE partners may influence the Referral payments related to Successful Referral transactions (e.g. outstanding payments from restaurants to PERE will either result in a delay of Referral payments or complete cancellation of payout).
GUIDELINES ON PAYMENTS
You are responsible for paying all taxes or charges, that may arise due to the earning of a Referral payment.
PERE may require that you confirm your eligibility for a Referral payment. You will work with PERE in good faith in connection with such requests.
GUIDELINES ON ENDORSEMENTS AND TESTIMONIALS
You are responsible for making truthful and accurate statements about PERE services.
You must disclose your relationship, if any, with PERE at the outset of any referral communication. You must disclose the fact that you may receive a Referral payment for a Successful Referral. Disclosures must be clear and conspicuous.
You agree not to disclose PERE confidential Information without PERE prior written consent either during the term of this Agreement or thereafter.
PERE confidential Information includes without limitation: (i) all PERE software, technology, programming, specifications, materials, guidelines and documentation relating to the Referral Program, including the existence and content of this Agreement and information provided pursuant to the Agreement; (ii) any information designated in writing by PERE as “Confidential” or an equivalent designation; (iii) any confidential information relating to the other party’s affairs receiving because of this Agreement or otherwise and (iv) any other information that a reasonable person would expect it to be confidential because of the nature of the information.
PRIVACY AND DATA PROTECTION
The privacy is of the utmost importance to PERE and we take our commitment to protect seriously personal data that we use, process and/or store. PERE only processes personal data in accordance with the terms of applicable law and for the purpose for which the data is being obtained. That is important that you do take the time to read about our privacy and data protection carefully.
When you create PERE account, we may ask you to provide us with some personal information, such as name, email, password, telephone number and/or bank account or PayPal details. We process this information in order to sign you into our Platform and to give you access to our Referral Program. The legal ground for processing this information for this purpose is based on PERE legitimate interest in protecting the security of the account and for performing this Agreement. You may always request in writing to take part of their personal data, regardless how those have been collected, and are entitled to, at any time, request the rectification, blocking or deletion of data. We will retain your personal data as long as your account is considered to be active, or the processing is necessary for the compliance with a legal obligation to which PERE is subject.
You shall ensure that personal data obtained from or on behalf of PERE is processed properly and in compliance with applicable data protection law. You must only process data during the term of this Agreement and pursuant to the DPA, as set out in APPENDIX I, or any other documented instructions from PERE. The Appendix I is an integral part of this Agreement, and the Parties agree to be bound by it.
TERMINATION OR CHANGES TO THE AGREEMENT
PERE reserves the right to terminate the Referral Program at any time without notice. Notification of termination may be sent to your email address on the referral form or publicised on the PERE Platform.
PERE may modify the Referral payments available, including the value of the Referral payments, at anytime without notice.
PERE may modify or update this Agreement and the DPA at its sole discretion. Any changes will become effective upon our posting the updated version on the PERE Platform. By continued participation in the Referral Program following the changes constitutes your agreement to the updated Agreement and the DPA.
All questions or disputes regarding the Referral Program must be submitted to email@example.com. Disputes will be resolved by PERE in its sole discretion. In the event PERE makes an error, such error will not constitute a breach of the Agreement by PERE and your sole remedy shall be the value of the Referral.
This Agreement shall be governed by the laws of Denmark. Any dispute arising out of or in connection with this Agreement shall be submitted to the City Court of Copenhagen if the dispute cannot be solved by good faith negotiation between the parties.
DATA PROCESSING AGREEMENT
The Data Processing Agreement (the DPA) governs the rights and obligations of you (Processor) and PERE (Controller) (collectively “Parties”) within the scope of processing personal data on behalf of the Controller. The Processor agrees to process of personal data only in accordance with the EU General Data Protection Regulation and other applicable law, and upon PERE documented instructions.
Terms used in the DPA shall be interpreted according to their definition as specified in the EU General Data Protection Regulation (GDPR).
DETAILS OF DATA PROCESSING
The tasks performed and supported by the Processor mainly involve the collecting of personal data of Referral(s) on behalf of the Controller. The purpose of entrusting the data processing activities to the Processor is to let the Referral(s) benefits from services providing by PERE, such as booking restaurants, transportations and attractions through PERE Platform.
Upon request from Referral(s) the Processor may book for them restaurants, transportations and/or attractions through the PERE Platform. The PERE Platform is accessed by the Processor, but hosted and run by the Controller. The Processor carries out the data processing tasks on behalf of the Controller, such as filling in Referral’s information on the PERE Platform and thereafter make a reservation for the Referral(s) with PERE business partners. This also may entail a transfer of personal data to PERE partners if it is necessary for making reservations.
The personal data processing according to this Agreement covers exclusively a personal data that is relevant and necessary for performing the Referral program and booking activities, such as Referral(s) name, email and/or telephone number.
The personal data shall be retained as long as that is necessary to provide Referral(s) with services required, or the processing is necessary for the compliance with a legal obligation.
PROCESSING OF PERSONAL DATA
In consideration of PERE engaging the services of the Processor to process personal data on its behalf, the Processor shall comply with the security, confidentiality and other obligations imposed on it under this DPA and any other applicable data protection law.
The Processor shall ensure that the data entrusted is not used for any other purposes or processed in any other way than as agreed with the PERE, including a transfer of the data to a third country or an international organisation. The Processor undertakes that it processes personal data only on written documented instructions from PERE.
Nothing in this DPA shall prevent either party from complying with any legal obligation imposed by a regulator or court. Both Parties shall, however, where possible, discuss together the appropriate response to any request from a regulator or court for disclosure of information.
The Processor agrees that it shall maintain the personal data in confidence. In particular, the Processor agrees that it shall not disclose any personal data supplied to it by, for, or on behalf of the Controller to any third party, without the prior specific or general written consent of the PERE.
The Processor shall take reasonable steps to ensure that access to personal data is strictly limited to those individuals who need to access the relevant personal data, as strictly necessary for the purposes of this Agreement, and the Processor shall ensure that all such individuals are subject to a duty of confidence. The Processor shall at the request of the Controller be able to demonstrate that the individuals are subject to the above confidentiality.
The Processor agrees to implement administrative, physical and technical measures to protect personal data and shall ensure that all such safeguards, including the manner in which personal information is collected, accessed, used, stored, processed, disposed of and disclosed, comply with applicable data protection and privacy laws, as well as the terms and conditions of this Agreement.
The Processor must secure all personal data accessed or processed by the Processor against accidental or unlawfully loss, destruction or damage, any unauthorized access to and knowledge of the personal data, or any other processing of the personal data in violation of applicable data protection law. Upon request by the Controller, the Processor shall provide PERE with a statement of assurance regarding the technical and organisational measures.
The Processor agrees to maintain a record of any processing activities under its responsibility and provide PERE with a copy upon request.
TRANSFER OF PERSONAL DATA
If the Processor is required to transfer personal data to a third country or an international organisation the Processor shall inform PERE of that legal requirement before processing unless the law prohibits such information on important grounds of public interest.
The Processor shall not engage another processor (the Sub-Processor) for the fulfilment of this DPA without the prior specific or general written consent of the Data Controller.
When the Processor has the Controller’s authorisation to use a sub-processor, the Processor shall ensure that the Sub-Processor is subject to the same data protection obligations as those specified in this DPA and other applicable data protection law, in particular providing the necessary guarantees that the Sub-Processor will implement the appropriate technical and organisational measures to meet the requirements of the GDPR. If the Sub-Processor does not fulfil his data protection obligations, the Processor shall remain fully liable to the Controller as regards the fulfilment of the obligations of the Sub-Processor.
ASSISTANCE/ NOTIFICATION OF PERSONAL DATA BREACH
The Processor shall immediately inform PERE if, in its opinion, PERE instructions contravene or infringe the data protection law or any other applicable law.
On discovery of personal data breach, the Processor shall without undue delay notify the Controller. The Processor’s notification to PERE shall, if possible, take place within 24 hours after the Processor has discovered the breach.
The Processor shall take into account the nature of the processing and the data available, assist PERE in the reporting of the breach to the supervisory authority and/ or data subject. This may mean that the Processor is required to assist in obtaining the information, at least: (i) the nature of the personal data breach, including, if possible, the categories and the approximate number of affected data subjects and the categories and the approximate number of affected personal data records; (ii) probable consequences of a personal data breach and (iii) measures which have been taken or are proposed to manage the personal data breach, including, if applicable, measures to limit its possible damage.
The Processor shall as far as possible to assist PERE in providing data subjects access and allowing to exercise their rights under the GDPR, namely, (i) to be informed; (ii) of access; (iii) to rectification; (iv) to be forgotten; (v) to restrict processing; (vi) to data portability; (vii) to object and (viii) in relation to automated decision making and profiling.
The DPA shall continue in full force and effect for so long as the Processor is processing personal data on behalf of Controller and shall automatically terminate with the expiry or termination of this Agreement.
Following cancellation or termination of the DPA, the Processor shall, at the demand of Controller: (i) return all personal data passed to the Processor by Controller for processing, or (ii) on receipt of instructions from Controller, delete all such data. Notwithstanding the foregoing, the Processor may retain such data where required by applicable law or reasonably necessary to prevent liability.
Upon instruction by the Controller and pursuant to the relevant provisions of applicable law, the Processor shall facilitate the correction, deletion and blocking of data processed on behalf of the Controller until these data are ultimately deleted. Destruction must be performed in a manner that a recovery also of remaining information with justifiable efforts is no longer possible. The Processor must provide proof for proper destruction and must promptly submit such proof to PERE and/or Referral(s) on their request.