Surfer Study — Terms and Conditions

Last modified date: August 13, 2024

§1. DEFINITIONS

Terms used in this document have the following meanings:

Study – a study organized by Surfer, the purpose of which is to obtain opinions regarding the use of tools and functionalities offered by Surfer through the Website under the terms specified in the T&C;
Code - an individual URL, code or token, associated with a specific monetary value, used to receive the Reward;
Reward – a reward granted for participation in the Study, under the terms specified in the T&C;
T&C – this document;
Surfer – Surfer sp. z o.o. in Wrocław with registered office at the following address: Pl. Solny 14/3, 50-062 Wrocław, Poland, registered in the register of entrepreneurs of the National Court Register under KRS number: 0000752993;
Tango - Tango Card, Inc., a company registered in the state of Washington with its office at 4700 42nd Ave. S.W., Suite 430a, Seattle, WA 98116, United States, offering services through the platform available at https://www.tangocard.com/, through which the Participant receives the Reward;
Participant – a natural person who is at least 18 years of age or a major (adult person) under the law in force in the place of residence of that person, currently using the Services, including individuals using the Services on behalf of a legal entity (as authorized representatives or as team members), who participated in the Study after being qualified by Surfer according to the T&C;
Services – services offered by Surfer within the service available on the Website;
Website – an Internet website available at surferseo.com, as well as all its webpages and subdomains, including especially https://app.surferseo.com and the Chrome extension, all administered by the Surfer, and via which the Surfer provides Services.

§2. GENERAL PROVISIONS

The T&C set out the terms of participation in the Study organized by Surfer.
Participation in the Study is voluntary.
Participation in the Study is subject to qualification for the Study and acceptance of the T&C.
Surfer reserves the right to qualify for the Study only individuals selected by Surfer.
Surfer will select candidates for the Study from among individuals currently using Services. The selection will be based on information provided by the individual on the Website, e.g. business industry or prior experience. Each Participant's candidacy is evaluated individually for the relevance of their opinions to the development of the Services. Surfer may contact a selected individual via an email associated with that individual’s account on the Website with an invitation to participate in the Study.
Only individuals who express their willingness to participate in the Study by responding to the invitation email referred to in section 5 above may participate in the Study.
The Participant cannot transfer participation in the Study, as well as the rights and obligations associated with it, including the right to claim the Reward, to other individuals or entities.
Surfer shall have the right to exclude qualified individuals from participation in the Study, in particular, if such individual: (i) violated the provisions of the T&C; (ii) has, in the past, violated the provisions of the regulations available at https://surferseo.com/regulations/ while using the Services; or (iii) is currently or has been previously employed by Surfer (under an employment contract or other civil law contracts) or is an immediate family member of such individuals (understood as spouse, ascendant, descendant, sibling, in-law, or persons in an adoption relationship).

§3. STUDY

The Study will take the form of an online interview with a representative of Surfer. Individuals who have expressed their willingness to participate in the Study in accordance with §2 section 6 of the T&C will receive a link to a calendar where they can select a suitable date for the Study.
The Study will be recorded, and the Participant consents by accepting the T&C. As part of the recording, Surfer will record the interview (audio), the Participant's image if provided, and the screen of the computer or other Participant’s device used for the meeting. The recording of the Study will be used solely for Surfer's internal purposes and will not be published or made accessible to any unauthorized third parties.
Surfer may use the information obtained during the Study for internal analysis and statistics related to the use of tools and functionalities offered by Surfer.
The Participant agrees not to display any content on the computer screen that will be recorded during the Study other than the content agreed upon with Surfer during the Study.
By accepting the T&C, the Participant agrees to keep confidential all information related to the Study process and all information obtained from Surfer during the Study. This obligation shall remain in effect for a period of 5 years after the finalization of the Study. With regard to confidential information that, after the expiration of the aforementioned period, is still protected by Surfer and constitutes a trade secret - the obligation of confidentiality is not limited in time. Confidentiality obligations do not apply to information that: (i) became public without the Participant's fault at the time of disclosure or later; or (ii) was known prior to disclosure; or (iii) was disclosed to the Participant by a third party who did not obtain such information, directly or indirectly, from Surfer.

§4. REWARDS

For participating in the Study, the Participant will receive a Reward in the form of a unique Code to be used exclusively through Tango at https://www.tangocard.com/.
Surfer is the sponsor of the Rewards. The gross value of the Reward is the same for each Participant.
The Reward is only granted to Participants. The conditions for obtaining the Reward are fulfilled when the Study has been conducted in its entirety. Individuals who were qualified for the Study but did not ultimately participate will not receive the Reward, regardless of whether the Study did not take place due to their fault or Surfer's fault.
Each Participant can receive only one Reward. The Participant cannot exchange the Reward for any other reward or its equivalent in cash.
The Participant will receive the unique Code at the email address provided during the Study. The Participant is responsible for providing the correct email address.
The Code enables the Participant to redeem the Reward by selecting from a catalog of digital gift cards available through Tango issued by and redeemable at popular merchants, restaurants, or retailers.
In order to redeem the Code and receive the Reward, the Participant is required to: (i) accept the Tango Choice Terms of Service, available here; and (ii) accept the separate terms and conditions of the providers of the selected gift cards (Tango’s suppliers), depending on the Participant's choice, published by those entities. Surfer makes no representation or warranty related to, has no obligation under, and disclaims any liability associated with such terms and conditions.
The validity of the Code is regulated by Tango.
The Code can only be used by the Participant and cannot be transferred, shared, exchanged, or resold to third parties.
The Participant is solely responsible for the security of the Reward once it has been delivered to the Participant.
The Participant is obliged to immediately inform Surfer or Tango about the detected error of the Code to receive a new, correct Code from Tango.
Surfer shall not be liable in case of damage, theft, misuse, loss, or inability to use a Reward that has been delivered to Participant.
The Participant may waive the Reward. The waiver is effective if made via email or in writing. In the case of a waiver, the Participant does not acquire a claim for the monetary equivalent of the Reward, and the Reward remains at the disposal of Surfer.
Surfer shall have the right to withhold or cancel the Reward if: (i) the Participant waives the Reward in accordance with section 13 above; (ii) the Participant violates the T&C; (iii) the Participant is an individual subject to United States sanctions, or located in an area that is subject to United States sanctions; (iv) the Participant is an individual that by any means poses a reputational, fraud, or legal risk to Surfer, Tango, or Tango's suppliers; or (v) if Tango reasonably suspects that the Reward has been received, redeemed, or is likely to be used in violation of law or any of Tango’s or Tango’s suppliers’ terms and conditions, including Tango’s acceptable use policy available here.
The Participant is solely responsible for all taxes imposed on the Participant under any applicable laws and arising as a result of or in connection with the participation in the Study and/or receiving of the Reward.

§5. LIABILITY

Participants or individuals who took part in the Study have the right to file a complaint. Complaints can be sent to the postal address: Pl. Solny 14/3, 50-062 Wrocław, Poland, or to the email address [email protected]. The complaint should include at least the Participant's name, email address, description of the alleged violations, their consequences, and the date of the event justifying the complaint. Surfer may request additional information. A response to the complaint will be provided within 14 days of its receipt or completion, on a durable medium.
THE PARTICIPANT UNDERSTANDS AND AGREES THAT TO THE FULL EXTENT PERMISSIBLE BY LAW, SURFER EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.
SURFER MAKES NO WARRANTY THAT: (i) THE REWARD MEETS PARTICIPANT EXPECTATIONS OR REQUIREMENTS; (ii) WEBSITE WILL BE ERROR-FREE; (iii) THE QUALITY OF ANY PRODUCTS OBTAINED BY PARTICIPANT THROUGH TANGO SITE WILL MEET PARTICIPANT’S EXPECTATIONS; (iv) THAT THE TANGO SITE, TANGO SERVERS, OR ANY ELECTRONIC COMMUNICATION SENT FROM TANGO ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS; AND (v) ANY ERRORS IN THE SOFTWARE WILL BE CORRECTED. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY PARTICIPANTS FROM TANGO OR SURFER SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THESE T&C.
TO THE FULL EXTENT PERMISSIBLE BY LAW, IN THE EVENT A REWARD IS NON-FUNCTIONAL, PARTICIPANT’S SOLE REMEDY, AND SURFER’S SOLE LIABILITY, WILL BE THE REPLACEMENT OF THE NON-FUNCTIONAL REWARD.
Surfer's liability for damages to Participants is excluded. In particular, Surfer is not liable for damages resulting from: (i) the inability to conduct the Study for reasons not attributable to Surfer, e.g., due to telecommunication network errors, equipment failures, delays and disruptions in information transmission, actions of third parties; (ii) ignorance or non-compliance with the T&C by Participants; (iii) improper functioning of the Participant's equipment or software, non-functioning or improper functioning of third-party software; (iv) dangers associated with using the network such as: hacking attacks, system infections by viruses, or similar events; (v) force majeure; or (vi) decisions made by Participants based on information obtained during the Study.
To the extent it cannot be excluded, Surfer's aggregate liability for the organization of the Study shall be limited in all respects to 100 USD.

§6. PERSONAL DATA

During the Study, Surfer may process additional personal data provided by Participants, including, but not limited to, phone number, image, address, place of employment, and occupation. Providing this data is voluntary and will not affect the Study.
In order for the Participant to receive the Reward, Surfer may entrust Tango with the Participant's name and email address, to which the Participant agrees by accepting the T&C.
Personal data referred to in paragraphs 1 and 2 above may be used by Surfer, as well as by its group companies, partners, subcontractors, or other cooperating entities, for internal purposes, particularly for improving the functionalities provided by Surfer, as well as for statistical analysis related to the Participants' use of the tools and functionalities provided by Surfer during the Study, and for gathering Participants' opinions on the use of the tools and functionalities provided by Surfer.
Surfer is the controller of the personal data referred to in paragraphs 1 and 2 above. Surfer's information clause constitutes Annex 1 to this T&C.

§7. FINAL PROVISIONS

The Study is not part of any contests, lotteries, sweepstakes, gambling or casino loyalty programs, or online auctions.
Any information about the Study contained in informational or advertising materials, regardless of the form and place of their publication, is for reference only. The binding information is the provisions of the T&C.
Surfer reserves the right to amend the T&C at any time. Amendments will be sent to the Participants' email addresses. Amendments to the T&C will not have the effect of altering or extinguishing rights acquired by Participants prior to their implementation.
Participants agree that the laws of the State of Washington, without regard to conflict-of-law provisions, will govern the T&C and any disputes that may arise between Participant and Surfer. The court with jurisdiction to settle disputes is the court in King County, Washington.
The T&C are effective from the 1st of August 2024.

Attachment no. 1 INFORMATION OBLIGATION OF THE COMPANY SURFER SP. Z O.O.

I. Personal Data Controller

The controller of Your personal data is Surfer sp. z o. o. having its registered office at Plac Solny 14/3 50-062 Wrocław, Poland, entered in the Register of Entrepreneurs of the National Court Register kept by the District Court for Wrocław Fabryczna in Wroclaw, 6th Commercial Division of the National Court Register under no KRS: 0000752993, REGON: 381562688, NIP: 8971860264, share capital of PLN 53.600,00 („the Company” or “Controller”).

II. Contact details of the Controller

The Company can be contacted by:

an e-mail: [email protected];
writing to the following address: Surfer sp. z o.o., pl. Solny 14/3, 50-062 Wrocław.

III. Purposes and legal basis of personal data processing

Depending on the situation, the Company may process your personal data for the following purposes and on the following legal grounds:

for the purpose of entering into and executing a contract between you and the Company, including in connection with conducting a qualifying interview and conducting the study and providing the reward:some text
1. taking necessary actions prior to concluding an agreement (i.e. on the basis of Article 6(1)(f) of the GDPR) - e.g. setting the terms of the agreement;
2. by fulfilling the legal obligations incumbent on the Company in this connection (i.e. pursuant to Article 6(1)(c) of the GDPR) - e.g. resulting from tax and accounting regulations;
in order to pursue the Company's legitimate interest (i.e. pursuant to Article 6(1)(f) of the GDPR), which is:some text
1. taking action, if necessary, to establish, exercise or defend against claims - including those relating
  to the processing of your personal data;
2. contacting and responding to inquiries from customers, contractors by electronic mail (e-mail), traditional mail, telephone, etc.;
3. archiving of records to the extent necessary;
4. sharing or disclosing records to third parties to the extent necessary;
to use the study recording and image for the Company’s internal needs - based on your consent (Article 6(1)(a) of the GDPR);
for the purpose of fulfilling legal obligations imposed on the Company (i.e. pursuant to Article 6(1)(c) of the GDPR) - e.g. by providing access to or disclosure of documentation (including personal data) to authorized public administration authorities to the extent necessary, inter alia in order to enable these authorities to investigate whether the Company complies with generally applicable regulations.

IV. Categories of recipients of personal data

Personal information may be shared by the Company with the following categories of entities:

entities authorized by law (courts, government bodies, etc.);
subcontractors and other entities providing services to the Company, including in particular entities providing accounting, IT, marketing, communication, analytical, legal, debt collection and document destruction
and archiving services;
Tango Card, Inc, a company incorporated in the State of Washington with its registered office at 4700 42nd Ave. S.W., Suite 430a, Seattle, WA 98116, United States fulfilling the rewards provided by the Company;
companies affiliated with the Company.

In each case, personal data will be disclosed to the above-mentioned recipients on the basis of an appropriate authorization, a contract on entrusting the processing of personal data or on the basis of applicable regulations
and in compliance with confidentiality and security requirements.

V. Storage period of personal data

Your personal data will be processed by the Company:

for the purpose of entering into and performing contracts between you and the Company:some text
1. until the termination or expiry of the contract - concerns data necessary for the proper performance
  of the contract;
2. until the expiry of data retention obligations under the law - to the extent that the data will
  be processed in compliance with a legal obligation (e.g. tax legislation);
in order to pursue the Company's legitimate interests:
1. until the expiry or limitation of claims - when data will be processed in order to establish, assert or defend against claims;
2. until the storage is no longer necessary for the Company's legitimate interests;
3. after you have successfully lodged an objection to the processing of your personal data
to use the study recording and image for the Company’s internal needs - until you withdraw your consent to process your personal data
in order to fulfill the Company’s legal obligations - until the expiration of data retention obligations under the law.

VI. Your rights

When the Company processes your personal data, you have the following rights - under the conditions detailed
in the GDPR:

to access your data and receive a copy of their data;
to request immediate rectification (correction) of data;
to request erasure of the data (unless the Company has a legal basis for further processing);
to request the restriction of data processing, among others, in the event that the correctness of the data is contested - for a period allowing the Company to verify the correctness of the data;
to request data portability;
to lodge a complaint to the supervisory authority - the President of the Personal Data Protection Office - in case the data are processed unlawfully;

In order to exercise your rights, you may contact the Company by one of the ways specified in Section II.

VII. Right to object

You have the right to object at any time to the processing of your personal data processed by the Company in order to pursue a legitimate interest (Article 6(1)(f) GDPR). The objection can be expressed by contacting the Company in one of the ways specified in Section II. The Company will then not be able to process your personal data unless it can demonstrate the existence of valid legitimate grounds for processing overriding your interests, rights and freedoms or grounds for establishing, pursuing or defending claims.

VIII. Information about the requirement or voluntariness of providing data and the consequences of not providing them

The provision of personal data by you is voluntary, but necessary in order for the Company to carry out the aforementioned purposes for which the processing relates on the appropriate legal basis in each case.

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