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Information Clause

In accordance with the art. 13 section 1 and 2 of the European Parliament and Council Regulation 2016/679 of the 27th April, 2016 on the protection of natural persons, with regard to the processing of personal data and on the free movement of such data, and repealing Directive 95/46/EC (General Data Protection Regulation), hereafter RODO, I hereby inform that:

1. EVERMOTION S.C., 8 Przędzalniana Str., 15-688 Białystok, Poland is the Administrator of your Personal Data (APD)

2. Data Protection Inspector can be reached through e-mail: iod@evermotion.org

3. Your personal data are to be processed on the basis of art. 6 section 1 letter a, b and f of RODO in order to:
a) prepare, conclude and execute the agreement and for other purposes approved by you,
b) to execute the legitimate interest like marketing of products and the agreement, claim assertion or defence against claims resulting from the law regulations.

4. Entities entitled to the reception of your personal data may be the authorised public bodies; mail providers; providers of the services covered by the agreement; responsible for debt recovery, keeping the archives, document utilization, legal consulting, technical services, IT services and accountancy.

5. Your personal data shall not be transferred to the third country, nor to the international bodies.

6. Your personal data shall be processed within the period of the agreement and upon your additional consent until you withdraw it. APD shall keep the data for the period of any civil law claim execution connected with the agreement.

7. You have the right to demand an access to your personal data, to correct or to delete the data if there is no other basis for the processing or any other purpose of such processing or to limit the processing of the data, to transfer the data to another administrator and to raise objections to the further data processing if there is no legal basis for further processing and to withdraw any previous consent.

8. You provide the personal data voluntarily, however they are necessary to conclude the agreement. The refusal of providing such data may result in the refusal of the agreement conclusion.

9. You have the right to lodge a complaint to the Personal Data Protection Office when in your opinion the data processing violates the regulations of General Data Protection Regulation of the 27 April, 2016 (RODO).

10. Your data will be automatically processed, including the form of profiling.
11. You are obligated to forward above mentioned information to your representative, especially if you appointed this person in the agreement as the contact person or as the representative for the agreement execution.

OK

Virtual Cash Regulations - Evermotion

Terms and conditions of participation in the Evermotion Partner Program – Virtual Cash

1. Evermotion Partner Program is an Evermotion loyalty program that allows purchasing the Products at lower prices, as well as non cash exchanges of VC for the selected Evermotion Products. The duration of the Evermotion Partner Program is indefinite and covers the period starting from 5 October 2015.

2. Obtaining Virtual Cash

a. VC is granted solely to the Account and cannot be refunded or exchanged for cash.

b. VC will be automatically assigned to the Account containing Partner Points on the release date of the new program. VC will replace the current loyalty program named Partner Points. Users holding Partner Points on their Accounts at the release of the VC Evermotion Partner Program will have them exchanged by Evermotion into the VC in a ratio of 10:1. Therefore, 100 Partner Points shall equal 10 VC.

c. VC is granted for finalized transactions of the selected Products in the Evermotion Store. The amount of VC that the User will receive after the closing of the Transaction is displayed to the User before approving that Transactions. After completion of the Transaction, the User receives a certain percentage of the net value of the Transactions in VC. The maximum amount of VC obtainable for the selected Product is also displayed on the pages of the Products covered by the loyalty program.

d. The User does not receive VC for the price (or its part) covered in VC.

e. Evermotion reserves the right to sell packets of VC in the Store.

f. The Users may also acquire VC in the selected actions run by Evermotion e.g., the User may be granted VC in return for completing a survey, reviewing Products, preparing a tutorial, winning the Editors’ Choice Award, the Forum Users’ Award, the Best of Evermotion Award, and for winning the competition organized by the Evermotion and other promotional campaigns.

g. Evermotion reserves the right to apply changes into the scope of the Products covered by the VC program.

h. Evermotion reserves the right to change VC acquiring rates, disable VC acquiring or remove packages from the Store at any time and for any duration.

i. VC is valid for a maximum of 365 days from the date of the grant. Any increase in the amount of VC on the Account will prolong the validity of all points on Account to 365 days from the date of growth. The periods of validity do not add up.

3. The User can use the VC in the Evermotion Store only, and only on the selected Evermotion Products.

a. VC can be used when placing orders for the selected Products (in the first step of the ordering process). The use VC decreases the net price of the selected Products, therefore no VAT shall be due for the amount decreased with VC. For this purpose, one unit of VC shall have a value of 1 (one) Euro.

b. If the User wants to use the VC when placing an order, it may be done by combining VC with real currency. No more than 70% of total basket net amount (provided that all the Products in the basket were selected by Evermotion to be available with VC) can be paid with VC in this case. The User receives an invoice for the Products in the amount, which was covered in real currency. In such case, the User also receives VC for a net amount, which was covered in real currency.

c. As an exception for the provisions of Art. I §5 section 3 point. b. of the Regulations, if there is enough VC on the Account to cover 100% of the price of the Products without spending real cash, the User can choose the Transaction to be covered entirely virtually (with VC).

4.The Transaction covered with the VC are initialized by adding the Products to the basket and specifying the quantity of VC selected to pay for the Products. After confirmation the Transaction is executed in the same way as above.

5. The Transactions covered entirely with VC are not a subject of an invoice.

6. The other rules:

a. VC can not be withdrawn from the Account, exchanged for cash or transferred to another user. VC is assigned exclusively to the Account and can be exchanged for the selected Products on the terms described above.

b. VC is awarded after completion of the Transaction and can only be used in the next Transactions.