1. Introduction
These are the terms and conditions (“Terms”) which apply to the “Flight Crew: Creators’ Club” program that may be carried out via our Website or App, via various social media platforms or otherwise (“Program” or “Flight Crew: Creators’ Club”).
In these Terms, “we”, “us”, “our”, all mean Kiwi.com s.r.o., having its registered address at Rohanské nábřeží 678/25, 186 00, Prague 8-Karlín, Czech Republic.
2. Start & termination of the Program
The Program starts on September 1 2024. The Program may be terminated at any time at our discretion. Such termination will not affect the rights of the Participants (as defined below) to any Promo Codes for which they have already fulfilled all conditions under Art. 4. All times will be based on Central European Time.
3. Entering the Program
An individual wishing to enter the Program will have the opportunity to sign up to Flight Crew: Creators’ Club and participate by sharing photos or videos depicting their traveller know-how and expertise on Instagram or Tiktok operated by Meta Platforms Limited and TikTok Technology Limited (“Platforms”) respectively.
The entry to the Program will be free of charge, and open to individuals aged 18 or over (at the time of entry) who were selected by Kiwi.com from the Participants of the Kiwi.com Flight Crew (as defined in the Kiwi.com Flight Crew terms available at go.kiwi.com/flight-crew-terms ) and who agreed with these Terms.
Employees, employee’s family members and influencers that we will use to advertise this Program are not eligible to participate.
The applicants who were selected and received a confirmation email (“Participant”), will have the unique opportunity to cooperate with us. Each person may enter the Program only once.
Any posts submitted to the Kiwi.com Flight Crew or conduct of the Participant deemed by Kiwi.com, in its sole discretion, to be sexually explicit, violent, discriminatory, illegal, offensive, harassing, inappropriate, unrelated to Kiwi.com or travel, or containing derogatory references to Kiwi.com or any other person or entity shall result in disqualification from the Program, revocation of the Participant’s membership in Flight Crew: Creators’ Club and cancellation of Promo Codes received or to be received under Article 4.
Participants found to have engaged in, or suspected of engaging in, the purchase of likes, followers, or any other form of artificial engagement or manipulation of their social media presence may be subject to disqualification from the Program at our discretion.
4. Promo Codes
The Participant who fulfils the conditions to enter the Program as stated in Art. 3 shall have an opportunity to be awarded Kiwi.com Promo Codes for social media content that engages with marketing campaigns run by Kiwi.com and contains elements as defined in the individual campaign specifications (“Campaign”). Once Kiwi.com initiates a Campaign, the Participants will receive a brief via email that will contain the conditions that the content must fulfil to be eligible for the reward as well as the amount which will be rewarded. The content must be uploaded to one of the Platforms (Instagram or TikTok) within a permanent post (stories are not eligible) (“Post“).
Once the Post is uploaded, Kiwi.com will evaluate whether it fulfils the conditions as defined in the specification of the Campaign and Participants who qualify will receive their Promo Codes via email. The Promo Codes shall have a limited validity of 2 months and are usable for purchases of services on Kiwi.com, except for flights from Ryanair. Each Participant may participate in an individual Campaign once.
The Promo Codes are governed by the terms defined in the Art. 12 of the Kiwi.com Terms & Conditions available at www.kiwi.com/pages/content/legal . You agree with those terms through your entry into the Program.
5. Licences
By participating in the Program, the Participants grant Kiwi.com an unlimited, perpetual, non-exclusive, worldwide licence to use any content contained within the posts that is protected by any intellectual property rights, incl. copyright and trademark protection (“Protected content”), for promotional purposes. Kiwi.com shall be entitled to authorise any third party to use the Protected content to the same extent. For the avoidance of doubt, Kiwi.com shall be entitled to use the Protected content in any manner in its discretion, including but not limited to performing changes, publication and/or modifications of the Protected Content in Kiwi.com’s own name. Kiwi.com is not obliged to use any of these rights. The Participants shall not have the right for any remuneration in consideration of granting this licence.
In the event that the Participants’ actions infringe the copyrights of third parties, we shall not be liable for any damages. However, each Participant is obliged to act in a way that would not interfere with any third party’s rights, especially intellectual property rights.
Participation in the Program also constitutes permission for us to use the likeness (as contained in the submitted photo or video) for advertising and promotional purposes without notice or additional compensation, except where prohibited by law. Also, by sending the application Participants consent to us owning the content they produce and using it in the future in company communication regardless of its purpose.
6. Final provisions
These Terms shall be governed by the laws of the Czech Republic, and any and all disputes shall be settled by competent courts of the Czech Republic.
Information about processing of your personal data
Data Controller
Personal data of participants of the Program will be processed by Kiwi.com s.r.o., having its registered address at Rohanské nábřeží 678/25, 186 00, Prague 8-Karlín, Czech Republic.
What, why and on what basis
We will use your personal data (namely your name, surname, age, country of residence, nickname, photos, videos, contact information and other data that you enter in the application form) for the purpose of allowing you to participate in the Program, Program evaluation, to provide you with Promo Codes, for advertising on our websites and social media channels. This processing shall be done based on our legitimate interest to promote our services and products.
Where do we get your personal data?
We collect your personal data through the website https://www.kiwi.com/flight-crew/ and social media platforms, especially the platforms operated by Meta Platforms Ireland Limited and TikTok Technology Limited.
Sharing your personal data
The personal data is processed and shared with LoudCrowd Inc. in order to process the applications for the Program, and in order to make sure that the Participants fulfilled all conditions to enter the Program and to receive Promo Codes. In limited circumstances and to the necessary extent, we might temporarily process your personal data internally within the Google Workspace apps operated by the company Google Ireland Limited. In order to publish Participants on our social networks, we might share personal data with their providers, namely Meta Platforms Ireland Limited which operates Facebook and Instagram, and TikTok Technology Limited which operates Tiktok.
Duration for which your personal data will be stored
We will process your personal data for the whole promotion term and then for the duration of statutory limitation period, which is generally 3 years, plus an additional 1 year because of the time reserve necessary for delayed deliveries of notices and our additional actions.
Your rights
We want you to always be in control of your personal data. To this end, you have certain rights that allow for it. Under certain conditions, you may:
- Gain access to all your data that we use or are processing, and even get a copy of all of it
- Ask us to delete your data
- Correct the data that we are processing if you think that there are mistakes
- Restrict the processing of your data
- Receive your Personal Data in a commonly used and machine-readable format or to have this data transmitted to a different provider,
- Submit an objection against the processing of your personal data.
You can exercise your rights by contacting us at privacy@kiwi.com .
Data Protection Officer
With regard to all issues related to the processing of your personal data and to the exercise of your rights under the GDPR, you may always contact our Data Protection Officer, Oliver Švolík, at privacy-dpo@kiwi.com
Complaints
If you feel that we mishandled your Personal Data, please turn to us first. We promise that we will try our best to resolve the situation. You can always approach us with any privacy or data protection related issue at privacy@kiwi.com .
Nevertheless, at any time, you have the right to lodge a complaint with a supervisory authority. If you are from the EU, you can lodge a complaint at the authority in the member state of your residence, in the member state where you work or in the member state of the alleged infringement.
Generally, the complaints will be handled by the Czech Office for Personal Data Protection. You can learn more at http://www.uoou.cz .
