The following terms and conditions (the "Agreement") governs the relationship between you, being either an Activist or a Head Activist (as defined below), and Conxilium Services LLC, a company incorporated under the laws of Florida with registered address at 2866 NW 79th Ave, Miami FL 33122 (the "Company") in respect of your provision of certain marketing services for the Company through the application for smartphone devices operated by the international telecommunications company RebTel Networks AB, a company incorporated under the laws of Sweden, with registered address at Jakobsbergsgatan 16, 111 44 Stockholm ("Rebtel"), through which a person can apply to become an Activist and (once accepted by Partner as an Activist) may find relevant marketing material and register its Services provided hereunder (the "Activist App").
The Company has undertaken to provide certain marketing and management services in relation to the users of the Activist App. As part of such services the Company shall recruit, contract and manage Activists and Head Activists. For the avoidance of doubt, neither Rebtel nor any of its affiliates is a party to this Agreement. Further for the avoidance of doubt, the Company does not own the Activist App and makes no warranty and shall not be liable is respect of any matters related to the technical features of the Activist App (i.e. for the platform as such).
For the purpose of this Agreement an "Activist" shall mean you if you are an independent contractor who is engaged by the Company in order to conduct marketing and sign up New Customers (as defined below) of Rebtel by approaching the general public in public places, streets etc., and a "Head Activist" shall mean you if you are an independent contractor who besides being an Activist is also explicitly engaged by the Company as recruiter and contact person for a group of Activists and in order to provide your group of Activists with relevant marketing information and various support in respect of their use of the Activist App and their provision of services as Activists hereunder. Any reference to Activist/Head Activist herein shall be understood as a reference to you in the relevant role for which you have been engaged by the Company.
PLEASE READ AND REVIEW THIS AGREEMENT CAREFULLY BEFORE YOU APPLY TO BECOME AN ACTIVIST/HEAD ACTIVIST. IF YOU DO NOT AGREE TO THE TERMS AND CONDITIONS OF THIS AGREEMENT YOU MAY NOT PROVIDE SERVICES AS ACTIVIST/HEAD ACTIVIST. YOU AGREE TO BE BOUND BY THIS AGREEMENT UPON THE COMPANY'S APPROVAL OF YOU AS AN ACTIVIST/HEAD ACTIVIST.
You agree to be bound by this Agreement if you: i) download the Activist App to your mobile device and accept its terms and conditions; ii) create an Activist Account in the Activist App; iii) click accept in the sign-up flow or otherwise agree to this Agreement; and iv) your application to become an Activist/Head Activist is approved by the Company. Once accepted the Agreement constitute a binding agreement between you and the Company.
You acknowledge that the Company may make changes to this Agreement from time to time. The Company will publish the changes in the Activist App. The changes will be effective when published. Please review the Agreement on a regular basis. You understand and agree that your express acceptance of the amended Agreement, or your continued use of the Activist App and continued provision of Services after the date of publication, shall constitute your agreement to the updated Agreement. You agree to stop using the Activist App (and provide your services) immediately if you do not accept any amendment to this Agreement.
You hereby affirm that you are older than 18 years of age (or older, as required by the laws and regulations in the applicable jurisdiction) and otherwise fully able and competent to enter into this Agreement, and to abide by and comply with its terms and conditions.
For the purposes of this Agreement, the following definitions shall have the following meanings:
"Activist Account": means an account set up by Rebtel with a unique Activist account identity on which Activist may access relevant marketing material and provide/register certain of the Services and find his/her earnings history etc.
"Activist Commission": means the commission due from the Company to the Activist in accordance with Section 7.1 below;
"Activist Group": shall mean a certain group of Activists recruited by the Head Activist or appointed for the Head Activist;
"Customer": means a person being an actual customer of Rebtel, or its group companies, having a Customer Account;
"Customer Account": means an account set up by Rebtel with a unique Customer account identity which may be credited with Credits purchased by a Customer for the purpose of consuming Rebtel Services and from which the applicable service charges are deducted;
"Commission Period": shall have the meaning set forth in clause 7.1.1 a);
"Credits": means the value which a Customer is required to purchase in advance in order to use the Rebtel Services;
"Head Activist Commission": means the commission due from the Company to the Head Activist in accordance with Section 7.2 below;
"New Customer" is defined as a person:
"Parties": means the Activist or the Head Activist (depending on in which role you have applied, or have been contracted, to perform the Services) and the Company and “Party” shall mean either of them as the case may be;
"Rebtel Brand": shall mean the name, trademarks, service marks, copyrights and logos owned by Rebtel.
"Rebtel Services": means the products and services (as presented in the Activist App) which Rebtel offers and provides to its Customers;
"Refunds": shall have the meaning set forth in Clause 7.5;
"Services": shall if you are an Activist mean the services provided by you to the Company as set forth under Section 3.1 and if you are a Head Activist it shall mean the services provided by you to the Company as set forth under Section 3.2 – 3.4;
"System": means the automated system operated by Rebtel which shall be used by the Activist/Head Activist in relation to the provision of the Services, including but not limited to registration of new Customer Accounts, and which can be accessed by Activist via login on the Activist Account in the Activist App;
"Top-up": means Customers' purchasing of Credits or other pre-paid plans from Rebtel and "Top-up Amount": shall mean the amount paid by a Customer (using the various payment options made available by Rebtel from time-to-time) for the purchase of Credits. However, for the avoidance of doubt, any Credits provided to a New Customer for free or at a discount (e.g. through campaigns, free or discounted offers, free or discounted try-outs) shall not be considered a Top-up or a Top-up Amount for the purposes of this Agreement.
3.1 Each Activist shall sign up New Customers by approaching the general public in public places, streets etc. (always in accordance with this Agreement and such specific instructions as may be provided in the Activist App or by the Company or by such Activist's Head Activist from time to time) and shall use the Activist App as a tool for such marketing and sign up of New Customers.
3.2 Each Head Activist shall:
3.3 Head Activist shall report the Services provided to the Company separately (as instructed by the Company from time to time). Head Activist shall also collect and frequently report back to the Company, feedback from New Customers and potential Rebtel Customers and other third parties on the Rebtel Service and on the services of the Activist Group.
3.4 Not limiting the aforesaid, Head Activist acknowledges and agrees that if he/she interacts with and signs up New Customers directly (i.e. not through the Activist Group) the Head Activist shall be deemed as an Activist for the purpose of such interactions and that the separate terms and conditions for Activists set forth herein shall apply between the Parties in such case. For the avoidance of doubt, the terms and conditions set forth herein regarding Head Activists will however still apply between the Parties in respect of the Head Activist's provision of Services as a Head Activist.
3.5 Activist/Head Activist acknowledge and agrees that he/she is not allowed to provide the Services under this Agreement and at the same time in any way, directly or indirectly, participate in the “Rebtel Affiliate Program” (for more information on this program go to http://www.rebtel.com/en/affiliates).
4.1 Activist / Head Activist agree to provide its Services hereunder only in such way that is permitted by this Agreement.
4.2 The Activist/Head Activist agree to provide true, accurate, up-to-date and complete information in all fields indicated as mandatory when registering as an Activist/Head Activist as well as any updates and amendments thereof and to provide the Company with any additional information requested by the Company which the Company deems necessary for the purposes of this Agreement.
4.3 The Activist/Head Activist undertakes to promptly update his/her version of the Activist App when any new version becomes available from time to time.
4.4 The Activist/Head Activist undertakes:
(a) to comply with all applicable federal, provincial and local laws, rules and regulations including but not limited to consumer protection laws, and laws on protection of personal data, integrity issues and database security and any generally accepted practices or guidelines and, without limiting the foregoing, to obtain and/or maintain all permits necessary in respect of Activist's/Head Activist's provision of Services in the relevant jurisdiction;
(b) to immediately notify and forward any legal notice served to the Activist/Head Activist which might affect or tend to affect the Company or its business or Rebtel, the Rebtel Services and the Rebtel Brand;
(c) to use commercially reasonable efforts to eliminate any fraudulent activity in connection with the registration of Customer Accounts which comes to its attention and will notify the Company of such fraudulent activity promptly;
(d) to execute the Services in a diligent and professional manner and to ensure that it always acts in a manner which facilitates the maintaining of good customer relations between Rebtel and its Customers as well as Rebtel and the general public and act as a good and prudent ambassador for the Company and for Rebtel, taking due care of the Rebtel Brand perception at all times; and
(e) to, at all times and to a reasonable extent, follow any specific instructions from the Company (which may be given through the Activist App).
5.1 Provided that the Activist/Head Activist performs its duties and obligations in accordance with the Agreement, the Company agrees to:
(a) subject to the exceptions set out herein, make payment of Activist Commission/Head Activist Commission in accordance with Section 7;
(b) act at all times in the relations with the Activist/Head Activist dutifully and in good faith;
6.1 Activist/Head Activist acknowledges and agrees that upon receiving a request from a New Customer to register a Customer Account, and (if applicable) connecting the Customer Account with the New Customer's credit or debit card or ordering Rebtel Services or any other features available in the Activist App, the Activist shall immediately register the New Customer’s request in the Activist App.
6.2 Activist/Head Activist acknowledges and agrees that no payment details may be copied or stored by the Activist/Head Activist.
6.3 Activist shall immediately inform the New Customer of if their request was successfully registered or not (as indicated in the Activist App) and Activist shall, upon a successful registration, offer to provide the New Customer with a written email receipt evidencing proof of the registration made with the assistance of the Activist
6.4 In relation to successful registration Activist may not change or cancel the registered information. Activist shall instruct Customer to send any such request per e-mail to Rebtel's customer services at: email@example.com
6.5 The Activist/Head Activist acknowledges that if any claims are made against Rebtel (or any of its affiliates) that the Activist obtained or used information obtained (whether pursuant to this Agreement or otherwise) from the New Customer without the New Customer's consent, this Agreement may be terminated immediately by the Company and Activist/Head Activist shall hold the Company harmless from any claim made by Rebtel (or any of its affiliates) against the Company for compensation in relation to such claims made against Rebtel (or any of its affiliates).
7.1 Activist Commission
7.1.1 As Activist's sole consideration for any and all of the Services provided to the Company hereunder, Activist shall, subject to Clause 7.5, be entitled to the commission set forth in this Clause 7.1 (the "Activist Commission"). Activist is entitled to receive commission for each New Customer, in an amount corresponding to the lesser of:
a) Seventy (70) per cent of all Top-up Amounts paid by such New Customer during a period of 32 days (the "Commission Period") starting on the day when the Activist successfully registered a Customer Account for such New Customer in the System; or
b) USD 21 per such New Customer.
7.2 Head Activist Commission
7.2.1 As Head Activist's sole consideration for any and all of the Services provided to the Company hereunder, Head Activist shall, subject to Clause 7.5, be entitled to the commission set forth in this Clause 7.2 (the "Head Activist Commission"). Head Activist is entitled to receive commission for each New Customer, in an amount corresponding to the lesser of:
c) Thirty (30) per cent of all Top-up Amounts paid by such New Customer during the Commission Period; or
d) USD 9 per such New Customer.
7.3 For the avoidance of doubt, the Activist/Head Activist is not entitled to any additional or other compensation than the Activist Commission in respect of and in relation to any one New Customer.
7.4 Further, for the avoidance of doubt, any expenses and other costs whatsoever relating to the Activist's/Head Activist's provision of the Services are to be paid by the Activist/Head Activist and will not be reimbursed by the Company.
7.5 The Activist/Head Activist acknowledges and agrees that Activist/Head Activist shall not when calculating the Activist Commission/Head Activist Commission, be entitled to receive any payment relating to any Top-ups which are subject to refunds, re-payments, chargebacks, claw backs or similar (by Rebtel, Rebtel's third party payment service providers or any other relevant third party handling payment processes) (collectively referred to as "Refunds"). The Company shall inform Activist/Head Activist about the execution of any Refunds, where after the Company shall be entitled to offset any amounts due to the Activist/Head Activist against any amount due by the Activist/Head Activist due to Activist Commission/Head Activist Commission based on a Refund. Such offset shall also be registered on the Activist Account.
8.1 Activist/Head Activist is entitled to receive payment of Activist Commission/Head Activist Commission weekly in arrears in accordance with what is set forth under this Section 8. However, Activist/Head Activist acknowledges that the initial payment may in some cases be delayed in the event of the Company receiving an unforeseen high number of new applications within a short period of time. In such case, the payment of Activist/Head Activist Commission will be made as soon as reasonably possible.
8.2 The Parties acknowledge and agree that Activist/Head Activist is entitled to receive payment for each week (constituting a period of seven consecutive days beginning on a Thursday and ending on a Wednesday) during which Top-ups are registered in the System by a New Customer during the Commission Period for such New Customer (a "Week"). Payment of Activist Commission/Head Activist Commission for each Week shall be made by the Company on the Friday following the end of such Week.
8.3 Payments shall be made to such Activist's/Head Activist's bank account or Paypal account, as registered by the Activist/Head Activist with the Company (in the Activist App) or as otherwise agreed between the Company and the Activist in writing.
8.4 Activist will have access to an overview of New Customer connections as well as an overview of earnings history in the connections view in the Activist Account. The Activist acknowledges and agrees to that such connection overview, earnings history and similar information made available in the Activist Account is the only statement given to the Activist in respect of the Services provided to the Company and the amount of Activist Commission paid to the Activist. It is Activist’s responsibility to print and/or save copies of the information presented in the Activist Account and to retain such copies for the Activist’s own records.
8.5 If Activist would like to dispute the amount of a payment of Activist Commission/Head Activist Commission made by the Company to Activist/Head Activist he/she shall at first hand contact his/her Head Activist or Rebtel representative or, if not satisfied, provide written information supporting his/her claim to firstname.lastname@example.org. The Company and Rebtel shall in such event, review their records and decide whether or not to accept the Activist's/Head Activist's claim. Activist/Head Activist acknowledges and agrees that any payment of Activist Commission/Head Activist Commission which is older than thirty (30) days shall be deemed to have been accepted by the Activist/Head Activist.
9.1 This Agreement, and the remuneration model contained herein, is contingent upon New Customers being genuine, willing and consenting and that any Top-ups made by a New Customer during the Commission Period are made by such New Customers, and not by an intermediary, and the Company reserves the right to audit the quality of and other circumstances and aspects of New Customers registered by Activist or, in the case of Head Activist, an Activist within the Head Activist's Activist Group, at any time during Activist's/Head Activist's provision of Services hereunder and for a period of up to six (6) months following the termination of this Agreement, to verify adherence by Activist/Head Activist of this Agreement and this Section 9 in particular. The Company shall be entitled to: i) terminate this Agreement; and/or ii) suspend Activist/Head Activist (as set forth in Clause 15.9), with immediate effect and claim compensation for any damage and/or loss caused by Activists/Head Activists breach of this Clause.
10.1 It shall be the Activist’s/Head Activist's responsibility to report and pay any and all applicable taxes (however designated, levied or based) in relation to the provision of its Services hereunder or any other item for which charges are imposed in relation thereto.
10.2 Any Party subject to withholding tax shall itself account for such amount with the relevant authorities from its own resources, and shall not be entitled to deduct such amount from the amount due and payable to the other Party under this Agreement.
10.3 Not limiting the aforesaid, the Company will comply with any and all reporting requirements incumbent upon it in relation to its payment of Activist Commission/Head Activist Commission to the Activist/Head Activist.
11.1 The Activist/Head Activist shall be appointed as the Company's non-exclusive and independent agent solely for the purposes of providing the Services as set forth herein.
11.2 Activist/Head Activist acknowledges and agrees that it is a precondition for the validity of this Agreement that the Activist/Head Activist at all times provides Services to customers, clients and principals other than the Company.
11.3 The Parties acknowledge and agree that they are dealing with each other hereunder as independent contractors. Nothing contained in the Agreement shall be interpreted as constituting either Party the joint venturer, employee or partner of the other Party, or Rebtel or its affiliates.
11.4 The Activist shall have no express or implied authority to bind the Company (or Rebtel or any of their affiliates) by contract or otherwise (including without limitation making any representations or warranties on behalf of the Company or Rebtel (or any of its affiliates), or to collect or receive money on the Company's or Rebtel’s (or any of its affiliates') behalf.
11.5 The parties further agree that the Activist’s/Head Activist's payment of statutory taxes, charges and all other duties as an independent contractor is a precondition for the validity of this Agreement. During the term of the Agreement, the Activist/Head Activist shall also, at its own expense, maintain an adequate insurance cover, including but not limited to a valid professional liability insurance covering the Activist’s/Head Activist's business.
11.6 Should the Activist/Head Activist, for whatever reason, be deemed to be employed with the Company (or Rebtel or any of its affiliates) according to mandatory law, the Activist undertakes to indemnify the Company (or Rebtel or any of its affiliates) and hold the Company (or Rebtel or any of its affiliates) harmless for any and all losses incurred or suffered by the Company (or Rebtel or any of its affiliates) as a consequence thereof, including but not limited to withholding of preliminary taxes, social security contributions together with all penalties, fines, charges and interest relating to any of the foregoing.
12.1 Each Party's liability to the other Party for breach of this Agreement or otherwise shall be limited to direct damages. For the avoidance of doubt this means that none of the Parties shall be liable to the other Party for any indirect damages, including but not limited to, loss of profits, business, goodwill and anticipated savings arising by reason or in connection with this Agreement.
12.2 The total liability of the Company to the Activist/Head Activist for breach of its obligations under the Agreement or otherwise arising by reason of or in connection with this Agreement shall, in relation to all incidents related or unrelated during any twelve (12) month period, be limited to the lesser of (i) the Activist Commission/Head Activist Commission paid to Activist/Head Activist during that period, and (ii) USD 10,000.
12.3 The Activist/Head Activist is fully responsible for all liabilities and expenses of any type whatsoever that may arise on account of the Activist’s provision of the Services. The Activist/Head Activist will indemnify, hold harmless and (at the Company’s option) defend the Company from and against any claim, loss, cost, liability or damage, including attorneys’ fees, for which the Company becomes liable arising from or relating to any breach or alleged by the Activist/Head Activist of any term of this Agreement.
13.1 Activist/Head Activist acknowledges that any and all patents, registered and unregistered designs, copyrights, trademarks and all other intellectual property rights whatsoever owned by the Company or its affiliates, subcontractors or third parties shall remain vested in the Company or such other third party. Neither Party shall use the other Party's name, trademarks, logo or copyrights in any way (including, without limitation, any sales, marketing, press release, advertisement), without the prior written approval of the other Party.
13.2 Activist/Head Activist further acknowledges that Rebtel or one of its affiliates is and shall remain the owner of all rights in the Rebtel Brand and all use of the Rebtel Brand shall inure to the sole benefit of Rebtel or one of its affiliates. By virtue of this Agreement, the Activist/Head Activist does not obtain any right, title, or other interest in the Rebtel Brand or any intellectual property whatsoever.
14.1 The Activist undertakes not to disclose any confidential information. For purposes of this clause, confidential information shall mean all information which the Company or Rebtel has explicitly marked as "confidential" or similar.
15.1 If you provide Services hereunder as an Activist, both Parties shall be entitled to terminate this Agreement immediately at any time without reason by sending a notice of termination to the other Party.
15.2 If you provide Services hereunder as a Head Activist, both Parties shall be entitled to terminate this Agreement upon thirty (30) days prior written termination notice to the other Party.
15.3 Further, if you provide Services hereunder as a Head Activist, the Agreement can be terminated immediately by either Party should the other Party:
(a) commit a material breach of the Agreement which is capable of being cured and following notice from the other Party requiring the Party in breach to cure the breach, the Party in breach does not take measurable steps to cure the breach within five (5) days and/or, in any event, the breach is not cured within ten (10) days; or
(b) be declared bankrupt, submit an application for company reorganization order, enter into liquidation, suspend its payments or is otherwise deemed insolvent.
15.4 Furthermore, if you provide Services hereunder as a Head Activist, the Company shall be entitled to terminate the Agreement immediately if the provision or the use/receiving of the Services is prohibited by applicable law, or if the Company's agreement with Rebtel is terminated.
15.5 The Parties acknowledge and agree that:
a) a termination by any party of the terms and conditions of Rebtel for the use of the Activist App shall automatically constitute a termination of this Agreement; and
b) a termination of this Agreement shall automatically constitute a termination of the terms and conditions of Rebtel for the use of the Activist App.
15.6 If Activist/Head Activist has not provided the Company with any Services for a period of six (6) consecutive months, this Agreement shall be considered to have been terminated by the Activist/Head Activist on the first business day following the end of such period.
15.7 Termination of this Agreement shall not affect any accrued rights or liabilities of either Party nor shall it affect the coming into force or the continuance in force of any provision of this Agreement which is expressly or by implication intended to come into or continue in force on or after the date of such termination. For the avoidance of doubt, and without limiting the foregoing, the Company shall pay Activist/Head Activist any and all Activist Commission/Head Activist Commission relating to the Services satisfactory performed up until the termination of this Agreement (including Activist Commission/ Head Activist Commission for Top-ups made by New Customers after such termination but within the Commission Period). The Parties agree that Activist/Head Activist shall not be entitled to any indemnity or other compensation as a result of the Company's termination hereof in accordance with Clauses 15.1 - 15.6.
15.8 Upon termination of this Agreement, Activist/Head Activist must immediately stop providing (or purporting to provide) the Services, including any use of the Rebtel Brand.
15.9 The Company may, at its sole discretion and without prejudice to any right which it might have to terminate the Agreement or any other right set forth in the Agreement, or available under applicable law, elect to instruct the Activist/Head Activist to immediately stop providing all or any part of the Services until further notice (and Activist/Head Activist is required to immediately adhere to such instruction), and in relation to such issued instruction immediately request Rebtel to suspend, restrict or otherwise change Activist’s/Head Activist's access to its Activist Account or other tools necessary for providing the Service, in the event that:
15.10 The Company shall not be liable for any loss, damage or inconvenience suffered by Activist/Head Activist as a result of the Company exercising its rights set forth in Clause 15.9. Activist/Head Activist will in no event be entitled to any compensation should the Company choose to exercise its rights set forth in Clause 15.9.
15.11 The termination or expiration of this Agreement for whatever cause shall not affect the provisions of any clause that expressly or by implication is intended to remain in force.
16.1 The Activist/Head Activist may not assign and/or transfer any rights and/or obligations under this Agreement without the prior written consent of the Company.
16.2 This Agreement represent the entire understanding between the Parties in relation to the subject matters dealt with herein and supersedes all previous covenants and representations made by either Party, whether oral or written.
16.3 Headings used in this Agreement are inserted for convenience only and shall not affect the construction or interpretation of this Agreement.
16.4 Failure by any Party at any time or times to require performance of any provisions of this Agreement shall in no manner affect its right to enforce the same, and the waiver by any Party of any breach of any provision of this Agreement shall not be construed to be a waiver by such Party of any subsequent breach of such provision or waiver by such Party of any breach of any other provision in this Agreement.
16.5 If any part of this Agreement is held to be invalid or unenforceable, such determination shall not invalidate any other provision of this Agreement, however, the Parties hereto shall attempt, through negotiations in good faith, to replace any part of this Agreement so held to be invalid or unenforceable. The failure of the Parties to reach an agreement on a replacement provision shall not affect the validity of the remaining part of this Agreement.
16.6 Any communication between the Parties shall be made if in writing in the English language and sent by email to the following addresses (or such other addresses as the relevant Party may from time to time expressly substitute for them by notice duly given to the other Party):
To the Company: email@example.com
To Activist: The email address(-es) which have been registered with Rebtel in the Activist Account.
A courtesy copy shall also be sent to Rebtel on: firstname.lastname@example.org
17.1 Neither Party shall be in breach of this Agreement nor liable for delay in performing, or failure to perform, any of its obligations under this Agreement if such delay or failure result from events, circumstances or causes beyond its reasonable control. In such circumstances the time for performance shall be extended by a period equivalent to the period during which performance of the obligation has been delayed or failed to be performed, provided that if the period of delay or non-performance continues for two (2) months, the party not affected may terminate this agreement by giving seven (7) days' written notice to the other Party.
18.1 This Agreement, and any non-contractual obligations arising out of or in connection herewith, shall be construed in accordance with and governed by Swedish law, excluding its conflict of law principles.
18.2 Any dispute, controversy or claim arising out of or in connection with this Agreement, or the breach, termination or invalidity thereof, shall be finally settled by arbitration administered by the Arbitration Institute of the Stockholm Chamber of Commerce (the “SCC Institute”).
18.3 The Rules for Expedited Arbitrations of the Arbitration Institute of the Stockholm Chamber of Commerce shall apply, unless the SCC Institute, taking into account the complexity of the case, the amount in dispute and other circumstances, determines, in its discretion, that the Arbitration Rules of the Arbitration Institute of the Stockholm Chamber of Commerce shall apply. In the latter case, the SCC Institute shall also decide whether the arbitral tribunal shall be composed of one or three arbitrators. The seat of the arbitration shall be Stockholm and the language to be used in the arbitral proceedings shall be English.
18.4 The parties undertake and agree that all arbitral proceedings conducted with reference to this arbitration clause will be kept strictly confidential. This confidentiality undertaking shall cover all information disclosed in the course of such arbitral proceedings, as well as any decision or award that is made or declared during the proceedings. Information covered by this confidentiality undertaking may not, in any form, be disclosed to a third party without the written consent of the other party. This notwithstanding, a party shall not be prevented from disclosing such information in order to safeguard in the best possible way his rights vis-à-vis the other party in connection with the dispute, or if the party is obliged to so disclose pursuant to statute, regulation, a decision by an authority or similar.
We process personal data, such as contact information, social security number and bank account number/Paypal account number, relating to you for the following purposes:
1) to monitor that your provision of Services as an Activist/Head Activist are made in accordance with this Agreement;
2) to enable payment of Activist Commission/Head Activist Commission to you; and
3) to fulfill our filing obligations to the relevant authorities in relation to our engagement of you as Activist/Head Activist or our payment of Activist Commission/Head Activist Commission to you.
Your personal data may be shared with Rebtel and, if necessary, competent authorities. Therefore, your personal data may be transferred outside the United States. However, we will not share your personal data with any other third party without your prior consent.
You have the right to request, free of charge once per year, a copy of the personal data that we process about you and, where necessary, request that we rectify, block or erase any such personal data which is incorrect or incomplete. You can exercise such rights by sending a signed written request to the Company.
Conxilium Services LLC
2866 NW 79th Ave
Miami FL 33122
By accepting this Agreement, you agree to the processing of your personal data in accordance with this privacy notice.
Last revised: November 2018