1. PROGRAM ORGANIZER
1.1. “Get new Brainers”, hereinafter referred to as the “Program”, constitutes a program aimed at promoting a system of recommendations for using products offered by the Brain Embassy, i.e. Adgar Group business line.
1.2. The organiser of the program is Real Estate Solutions Spółka z ograniczoną odpowiedzialnością spółka komandytowa with its registered seat in Warsaw, at Al. Jerozolimskie 181B, 02-222 Warszawa, entered into the Register of Entrepreneurs of the National Court Register maintained by the District Court for the Capital City of Warsaw, 12th Commercial Division of the National Court Register, under KRS number 0000276566, which was granted: REGON statistical number 017269312, hereinafter referred to as the “Organiser”.
1.3. The Organiser, under and in terms of separate agreements, operates for other entities from the Adgar Group as well.
2.1. Brain Embassy – business line of the Adgar Group within which the Organiser offers modern office spaces in the form of co-working in several locations across Warsaw;
2.2. BeYOURSeLF – business line of the Adgar Group within which the entity from the Adgar Group offers fully equipped modern office spaces on flexible terms in several locations across Warsaw;
2.3. Adgar Group – companies which belong to the Adgar capital group, i.e. companies indirectly or directly controlled by Adgar Investment & Development Poland N.V.;
2.4. New Client – adult physical or legal person, as well as an organizational unit that is not a legal person and that is granted legal capacities by particular provisions, who was not a Party to the Agreement before the beginning of the Program;
2.5. Bonus – financial reward indicated in point 1 of the Terms and Conditions;
2.6. Program Participant – adult physical person with a full legal capacity to act who fulfils the requirements stipulated in the Terms and Conditions;
2.7. Agreement – agreement of membership in the Brain Embassy or in BeYOURSeLF, concerning the following packages: Be Together, Be Involved, BeYOURSeLF, concluded on terms stipulated in the Terms and Conditions by the New Client with the Organiser or another entity from the Adgar Group, within the duration of the Program, as a result of the recommendation made by the Program Participant.
3. PROGRAM DURATION
3.1. The Program will last from 04.05.2022 until further notice.
3.2. The end of the Program does not impact rights acquired by the Program Participants over the period of its duration.
4. PARTICIPATION IN THE PROGRAM / PROGRAM PARTICIPANTS
4.1. To become a Program Participant, one must declare their participation in the Program during its duration by sending an e-mail to [email protected]. The subject line should indicate “I have a Brainer for you”, and the body contain:
4.1.1 the first and last name (for Participants who are physical persons) or the company name, and the first and last name of the representative (for Participants who are not physical persons),
4.1.2. contact e-mail address,
4.1.3. declaration of accepting the Terms and Conditions.
For a successful submission it is required to include all the abovementioned elements.
4.2. The conditions for applying for a Bonus within the Program are:
4.2.1. declaration of the participation in the Program as per point 4.1;
4.2.2. recommendation of the conclusion of an Agreement to a New Client by a Program Participant, while actions taken by the Program Participant must be lawful, and in particular they must not violate the provisions concerning domestic peace as well as rules of personal data processing;
4.2.3. receiving by the Organiser an e-mail from the New Client sent to sales@brainembassy indicating:
a) information that the contact is made on the recommendation of the Program Participant within the Program;
b) the first and last name (or the company name alongside the first and last name of its representative) and an e-mail address of the Program Participant on whose recommendation contact was made;
c) the willingness to become familiar with the Organiser’s offer.
4.3. After receiving an e-mail from the New Client, the Organiser will verify whether the New Client conducts direct commercial talks with the representatives of the Organiser or other entities from the Adgar Group, or has conducted such talks or negotiations within the previous six months.
4.4. The Agreement concluded by the New Client who began commercial talks before the Organiser receiving the e-mail indicated in point 4.2.3 will not be deemed to have been concluded within the Program.
4.5. Before the conclusion of the Agreement, the New Client is obliged to inform the Organiser about the recommendation made. In case there is no information about the recommendation made, the Agreement is not considered to have been concluded within the Programme, and the recommendation made does not entitle the Program Participant to the Bonus payment.
4.6. When concluding the Agreement, the New Client may quote only one recommendation from one Program Participant.
4.7. In case several Program Participants recommend a single New Client, the right to receive the Bonus shall be granted to only one of them, indicated on the first contact of the New Client with the Organiser, according to the rule of priority.
4.8. The Program Participant may recommend any number of New Clients.
4.9. The right of the Program Participant to the Bonus concerns only the first agreement concluded by a given New Client within the duration of the Program, which fulfils the conditions included in the Terms and Conditions.
5. TERMS OF THE PROGRAM AND BONUS PAYMENT
5.1. In the case of concluding the Agreement with the Organiser by a New Client, the Program Participant who recommended a given New Client within the duration of the Program, provided all conditions stipulated in point 4 are fulfilled, with the reservation of points 5.2, 5.3, 5.4, will receive a Bonus in the amount depending on the type of package selected by the New Client upon the conclusion of the Agreement, i.e.:
5.1.1. “BE Together Hot Desk” – 200 PLN,
5.1.2. “BE Together Dedicated Desk” – 400 PLN,
5.1.3. “BE Involved Private Office” for 1-4 persons – 600 PLN,
5.1.4. “BE Involved Private Office” for more than 5 persons – 800 PLN,
5.1.5. Private unit in BeYOURSeLF – 1000 PLN.
while the number of desks under points 5.1.1 and 5.1.2 does not affect the Bonus.
5.2. In situations described in points 5.1.1-5.1.4 the Bonus will be granted exclusively in case an Agreement is signed for a period longer than 2 months.
5.3. In the situation described in point 5.1.5 the Bonus will be granted exclusively in the case an Agreement is signed for a period longer than 3 months.
5.4. The payment of the Bonus will be made (at the Organiser’s discretion) as: (1) a top-up with an appropriate amount of a pre-paid card which will be given to the Program Participant entitled to receive the Bonus, or (ii) a bank transfer to the account indicated by the Program Participant entitled to receive the Bonus.
5.5. The payment of the Bonus indicated in point 5.4 will be made within 30 calendar days from the date on which all the conditions for granting the Bonus are jointly fulfilled.
5.6. The Program Participant cannot transfer the right to the Bonus to a third party. Bonuses are paid in Polish currency and are not subject to be exchanged to any equivalent, including another financial or non-financial reward.
5.7. In case any doubt arises on the part of the Organiser as to whether the Program Participant has fulfilled all the conditions for receiving the Bonus, stipulated in the Terms and Conditions, the Organiser has the right to withhold the Bonus payment until such time as the Program Participant’s entitlement to receiving the Bonus is verified.
5.8. In the case of a Program Participant conducting business activity, Bonuses received are subject to taxation which is to be paid by the Program Participant within the gross income gained on account of the business activity they conduct. The payment of the Bonus will be made on the basis of a VAT invoice issued by the Program Participant entitled to the payment of the Bonus, according to the information received by the Organiser.
5.9. In the case of a Program Participant who does not conduct business activity, the Bonus paid by the Organiser constitutes for them, within the meaning of the Art. 20 sec. 1 in connection with Art. 10 sec. 1 point 9 of the Personal Income Tax Act, revenue from other sources. Whereas a one-time value of the rewards awarded by the Company will not exceed the limit of 2000 PLN, rewards awarded to a Program Participant who does not conduct business activity will benefit from the personal income tax exemption within the meaning of Art. 21 sec. 1 point 68 of the Personal Income Tax Act, therefore the Organiser as a taxpayer, will be exempt from the obligation to calculate, charge and transfer advance personal income tax payments for the value of the rewards granted, as well as the obligation to send to the Tax Office an annual PIT-8AR. declaration.
5.10 The Program Participant, on the Organiser’s request, is obliged to sign documents confirming the receipt of the reward.
6. TERMS OF USING THE PRE-PAID CARD
6.1. In the case the Bonus is paid in the form of a pre-paid card (“Card”), the Program Participant is obliged to use the Card in compliance with the current provision of the law, and according to the terms and conditions of the card operator, i.e. Edenred Polska sp. z o.o., available on the website myedenred.pl.
6.2. In particular:
6.2.1. transactions must not be made using inactive Cards;
6.2.2. no changes can be made to the Cards, otherwise such changes may result in the refusal of the Card;
6.2.3. the Card may be used exclusively as a form of payment for goods and services in outlets that accept Cards;
6.2.4. the Card cannot be used to withdraw cash from ATMs;
6.2.5. Cards can be used to make transactions only up to the Card top-up limit (the amount of the Bonus granted);
6.2.6. retail and service outlets have the right to refuse damaged and unsigned Cards;
6.2.7. The Card has an expiration date printed on the front of the Card after which transactions using this Card cannot be made.
7.1. Complaints regarding the execution of the Program and the Bonus can be submitted by e-mail sent to the Organiser’s address [email protected], by phoning the number 22 323 81 81 or in writing, sent to the Organiser’s seat address.
7.2. Only Program Participants have the right to file a complaint concerning the course of the Program.
7.3. A complaint notification should contain details sufficient to identify the person filing the complaint and its subject, which means at least: the first and last name and the identification number of the Program Participant, as well as the description of the situation and indication of the causes for the complaint.
7.4. Complaints will be examined within 14 days from the date the complaint notification is received by the Organiser. The Particiant will be informed about the Organiser’s decision regarding the complaint by e-mail, phone, or post within 7 days from the date the complaint is examined.
8. PERSONAL DATA
8.1. The Controller of the personal data of Program Participants and New Clients and their representatives is the Organiser.
8.2. The Organiser will process personal data of:
8.2.1. Program Participants and their representatives for the purpose of executing legal obligations connected to the conducting of the Program (Art. 6 sec. 1 letter c of GDPR);
8.2.2. Program Participants, New Clients and their representatives for the purpose of pursuing the Organiser’s legitimate interest related to the conducting of the Program (Art. 6 sec. 1 letter f of GDPR), i.e. for administrative purposes related to the execution of the Program, to conduct claims procedure, pursue claims and for the defence against possible claims;
8.2.3. New Clients and their representatives for marketing purposes on the basis of the consent given by them (Art. 6 sec. 1 letter a of GDPR);
8.3. Personal data of Program Participants and New Clients and their representatives will be stored for the period of the Program’s duration, and after the Program’s conclusion for the period required by the provisions of the law in terms of the storage of financial documentation (5 years for Program Participants who received a Bonus), as well as the period necessary to pursue possible claims related to the organisation of the Program. After the period indicated above, personal data will be removed.
8.4. The recipients of the personal data of Program Participants and New Clients and their representatives will be:
8.4.1. entities authorised to receive them in case the Organiser receives a legitimate request to share Participants’ data;
8.4.2. entities that provide as subcontractors for the Organiser services that require personal data processing (processing entities), e.g. IT services, advisory services, software providers;
8.4.3. entities that belong to the capital group to which the Organiser belongs, in particular Green And Efficiency Real Estate Services sp. z o.o. sp. k. sp. k. with its registered seat in Warsaw, for internal administrative purposes.
8.4.4. Program Participants, New Clients and their representative have the right to:
8.4.5. access their data (Art. 15 of GDPR), receive a copy of data (Art. 15 sec. 3 of GDPR), rectify data (Art. 16 of GDPR), in case the consent is withdrawn or an opposition – demand to remove data, if it is no longer necessary for the purpose for which it was collected, and the administrator has no other legal grounds for their processing (Art. 17 of GDPR), limit their processing (Art. 18 of GDPR), transfer data (Art. 20 of GDPR), opposition, including for the marketing of the controller’s own services (Art. 21 of GDPR);
8.4.6. withdraw the consent to process personal data at any time, without providing the reason and without impacting the validity of the activities made on the basis of the consent previously given.
8.5. Program Participant also have the right to file a complaint to the supervisory body with regard to the protection of their data in a manner indicated on the website of the supervisory body at uodo.pl.
8.6. Provision of data by Program Participant is entirely voluntary, however it is necessary for the participation in the Program.
9. FINAL PROVISIONS
9.1. In matters not regulated by these Terms and Conditions, provisions of the Polish law shall apply.
9.2. These Terms and Conditions are available to Program Participants in the Organiser’s seat as well as at the following address: www.brainembassy.pl/getnewbrainers
9.3. The Organiser shall not be liable for Program Participants giving incorrect, incomplete or inaccurate data, e-mail address, phone number, or other data that make it impossible or delay the payment of the Bonus by the Organiser or that give rise to the liability for damages. In the case of an infringement of third parties’ rights, the Program Participant shall be obliged to release the Organiser from the liability for the infringement of such rights.
9.4. All disputes related to the Program will be examined by a common court competent for the Śródmieście district of the Capital City of Warsaw.
9.5. These Terms and Conditions come into force on the date the Program begins.
9.6. The Organiser reserves the right to change the Terms and Conditions at any time. Changes to the Terms and Conditions come into force on the date they are made.