Fairec | Trust Center

Last updated on: 05 April, 2025

Fairec’s treatment of your personal data
We only collect and process personal data about you when we need to, and for a specific purpose - which change depending on your relationship with us.

Who we are and how to contact us
“We” are (the company responsible for processing your personal data):

Fairec ApS, Company reg. no.: 45143562
Store Kongensgade 130, 1264 København K, Denmark

You can always reach us at:
E-mail: info@fairec.io

Fairec ApS (hereafter Fairec, we or us) is the data controller for the processing of your personal data described in this policy. This means we have a responsibility to keep your personal data safe, to only use it for legal purposes, and to inform you about it – so that you can exercise your rights.

1. What this policy covers
At Fairec, we respect your privacy and inform you of how your personal data is processed by us. Here you will find information about which data Fairec processes, for what purposes, the legal basis for the processing, for how long the information is processed, and your rights under GDPR (General Data Protection Regulation (EU) 2016/679). This privacy policy governs the manner in which Fairec collects, uses, maintains, and discloses information about you. This privacy policy also applies to the website (www.fairec.io) and all products and services offered by Fairec.

2. Legal basis
For us to be able to process your personal data, we must have a legal basis for each personal data processing. There are six available legal bases under the GDPR and there are four that are relevant to us:
- Consent – You have given us permission to process your personal data for a specific purpose, being fully informed about what data we process, how, and why. You can withdraw your consent at any time, after which we will stop any process for this purpose, without a negative impact on any contract with us.
- Agreement – You have entered into an agreement with us or have asked us to do so. We will manage your personal data to fulfill the terms and conditions of the agreement.
- Legal obligation – We, as a company, must process your personal data to comply with legislation.
- Legitimate interest – When we have a legitimate interest in processing your data, the purpose is similar to that which it was collected, and while there is little risk of the processing infringing on your privacy, we may rely on the legal basis of legitimate interest.

3. Your rights
3.1. Right to access
You have the right to know what personal data we process about you and for what purpose. This is easily exercised through a so-called Data Subject Access Request (DSAR). Find our contact details below to start the process. To make sure that no one except you gets access to your data for this purpose, we will first ask you to identify yourself. This can be done more than once but be aware that misuse of this right and excessive amounts of requests will result in a small charge to cover our administrative expenses.

3.2. Right to rectification
You have the right to have inaccurate personal data about you rectified. You can also ask us to supplement any incomplete personal data.

3.3. Right to deletion
You can request that we delete the personal data we process about you if any of the following applies:
- If the personal data were obtained and processed with the legal basis of your consent and you want to revoke your consent.
- Personal data are no longer necessary for the purposes for which they were collected or otherwise processed.
- If deletion is required to fulfill a legal obligation.
- If the personal data has been processed illegally.
- If you request to delete your personal data, we will make an effort to also inform those we may have provided/transferred the personal data to about the request.

3.4. Right to restriction
You have the right to request that our processing of your personal data is restricted. Restriction means that the data information is marked so that in the future it may only be processed for certain limited purposes. We may also restrict the processing while awaiting a decision on deletion.

3.5. Right to data portability
You have the right to obtain your personal data in a structured and machine-readable format. You also have the right to get your personal data transferred to another data controller, where technically feasible. This right only applies to personal data which you yourself have provided us, and when the data has been processed on the legal basis of consent or contract.

4. Applicants
When you apply for a job at a company other than us, which uses our Service, that company is generally considered the data controller for personal data processing. They are responsible to inform you about this, please refer to their privacy policy.

When you apply for a job at Fairec or at another company where we decide on the process (what questions to ask and why), we are the data controller of the personal data processing as described below.

4.1. Why do we keep your personal data?
- Manage your application for job vacancies, which means that we evaluate your competencies – professional knowledge and experience, talent, motivation, and personality.
- Offer you jobs related to your wishes and/or your competencies, as well as to provide you with personalized offers, information or invitations that we consider to be of interest to you.
- Continuous communication about the jobs you applied for.
- Other statistical purposes, e.g. to maintain and develop the quality of our services.
- For development and research purposes.

4.2. What personal data may we collect and process?
- Name
- E-mail address.
- Mobile phone number.
- Competences and previous experience through your CV, your LinkedIn or Facebook profile (if you registered your application through any of these channels), through interviews and based on the knowledge and experience you inform us of.
- Test results, if you performed tests as part of our unbiased recruitment process.
- Photography, if you included one in your CV.
- Transcribed answers from the interview with Fairec platform.
- Other personal data you choose to share with us in your CV and possibly other uploaded documents.*

*We advise you not to provide us with sensitive personal information regarding ethnic origin; political opinions; religious or philosophical beliefs; membership of trade union, information on health, and information on gender affiliation. We, therefore, reserve the right, without your consent, to delete all the above information, as well as personal information relating to others than yourself.

4.3. How we collect your personal data
From you:
- We received the information from you when you applied for a job (either directly or through a third-party vendor, with consent)
By us:
- We have collected the data when you have e-mailed, phoned us, or provided contact information when you asked us to contact you.
- We have collected the data automatically during your visits to our website by saving interesting job ads or chatting with us.
From third party:
- We have collected the data from other sources – e.g. reference persons, our customers, or job sites such as LinkedIn.

4.4. What legal basis do we base our processing of your personal data on?
When you apply for a job with us, we process your data based upon you wanting an employment contract with us (legal basis: agreement, under GDPR). Some processing is only done after your explicit consent, for example, photographs when that is not strictly necessary to fill a position.

When we facilitate the screening process at another company through the Fairec platform, we are responsible for the processing and base it on our legitimate interest.

4.5. Whom we share your personal data with?
We share your personal data with sub-contractors (sub-processors) who perform services on our behalf (such as technical, administrative, market-related, or other services) when required for the purposes mentioned above. These suppliers may not use your personal data for their own purposes, which we have regulated in agreements with these suppliers.
- Your personal data may also be disclosed when required by law such as, for example, the Discrimination Act or to the Data Protection Authority.
- We use the following categories of sub-contractors (processors):
- Storage, research, and development.
- CRM-Software.
- Back-office functionality.
- Software development.

4.6. How long will we keep the data?
We will keep your personal data as long as we have your consent and we have a further use and purpose for the data. When your personal data is processed to protect our legitimate interest, we will keep the data for twelve (12) months due to the provisions of the Discrimination Act and possible appeals.

We do not keep your personal data for undefined purposes.

5. Employees
5.1. Why do we process your personal data?
When you become an employee of Fairec, you enter into an agreement with us as an employer. We are also required to process personal data about you to comply with several different types of legislation that we as an employer are subject to.

5.2. What personal data may we collect and process?
- Name.
- Address.
- Phone number.
- Personal identity number.
- E-mail address.
- Bank account number.
- Salary, pension and benefits.
- Employment history and time reporting.
- Medical history.
- Photographs.
- Allergies and sensitivity to foodstuff.
- Information related to your achievements such as annual follow-ups and completed courses.
- Please note that the above list is not exhaustive and other information may be considered

5.3. How we collect your personal data
From you:
- You have stated these yourself in the recruitment process and in connection with the start of your employment, as well as during your employment.
By us:
- The data has been generated associated with your employment. For example, data about your attendance, sick leave and vacation.
From third parties:
- The data has come from other sources such as authorities, third-party suppliers who provide services for us (salaries), and from reference persons and customers.

5.4. Who we share your personal data with
We share your personal data with third party providers that we use to perform services on our behalf (such as technical, administrative, market related, or other services) when required for the purpose of managing your employment. These third-party suppliers may not use your personal data for their own purposes, which we have regulated in agreements with these suppliers.

We use the following categories of sub-contractors (processors):
- Accounting services.
- Human resources platform.
- Employee benefits platform.

We share data within our company based on our legitimate interest and for administration purposes.

5.5. What legal basis do we base our processing of your personal data on?
As our employee, you have an employment contract. When you later end your employment, we must, according to Danish law, further process some of your personal data, for example to ensure you get the right pension (legal obligation). We may also keep some of your personal data based on your consent, to act as a reference for future employment elsewhere.

5.6. How long will we keep the data?
We will keep your personal data as long as it is needed to fulfill our obligations from your employment, to fulfill legal obligations, or as long as your consent is valid, based on the purpose and legal basis of the processing. We do not keep data just for the sake of keeping data.

6. Suppliers
6.1. Why do we process your personal data?
We may process personal data about you (as an employee of our supplier), to maintain our professional relationship and ensure continued services between our companies. This may apply to personal data concerning customer managers, support functions, service personnel, finance department or other key personnel.

6.2. What personal data may we collect and process?
- Name.
- Title.
- Phone number for work.
- Mail address to work.

6.3. How we collect your personal data
From you:
- Through emails and information by phone.
By us:
- We have found the data on your company’s website.
From third party:
- We have received the data from your employer or colleague.

6.4. Who we share your personal data with
We share your personal data with sub-contractors (sub processors) who perform services on our behalf (such as administrative, market-related or other services) when required for the purposes mentioned above. These suppliers may not use your personal data for their own purposes, which we have regulated in agreements with these suppliers.

We use the following categories of sub-contractors (processors):
- Customer relationship management system.

6.5. What legal basis do we base our processing of your personal data on?
We have a legitimate interest based on a contract with the supplier in question.

6.6. How long will we keep the data?
As long as you are an important contact for us regarding our professional relationship, we will save your data. If it comes to our knowledge that your duties at your company have changed or that you no longer are employed, the data will be deleted.

7. Customers and potential customers
7.1. Why do we process your personal data?
- Customer: If you work at one of our customer companies, as a recruitment manager or as a contact person, we process certain personal data to be able to maintain our professional relationship and to provide the service to our customers as well as keep you updated by periodic emails. Further, to comply with legislation eg. Book-keeping Act and tax law.
- Potential customers: To be able to offer our services to companies that don’t know about us or don’t buy services from us, we collect contact information for key people at companies that we want to be able to contact and process for marketing purposes.
- Demo participant: If you sign up for a demo at our website, we will process your personal data in order to send you an invitation for the demo and also to reach out afterwards and ask you how your experience was. If we perform a demo on site with you, we will process your interview with the Fairec platform to demonstrate its functions.
- Customer service requests: Information you provide helps us respond to your customer service requests and support needs more efficiently.

7.2. What types of personal data may we collect and process?
- Name.
- Title (your workplace/where you work).
- Phone number for work.
- Mail address to work.
- IP address.
- Notes on our cooperation and / or dialogues.

7.3. How we collect your personal data
From you:
- When you signed the demo request form at our website.
- By visiting our website, signing up for and visiting any of our events.
- Subscribing to newsletters provided by Fairec.
By us:
- We will continuously update our CRM database. This means that we continuously work on having an updated and up-to-date database of current and correct contact information. This will be done through contacts with you by phone, e-mail, social media and in personal meetings, but also through external sources.
- Notes about our discussions and decisions.
From third party:
- From your employer or colleague.
- We have found the data on the Internet. It can be from the company’s website or at job sites such as LinkedIn (publicly accessible sources).
- We have received your contact information from within the company
- We have purchased data from external sources.

7.4. Who we share your personal data with
We share your personal data with sub-contractors that we use to perform services on our behalf (such as technical, administrative, market-related or other services) when required for the purpose of managing our collaboration or for us to process you as a potential customer. These sub-contractors may not use your personal data for their own purposes, which we have regulated in agreements with these suppliers.

We use the following categories of sub-contractors:
- Storage, research and development
- CRM-Software.

7.5. What legal basis do we base our processing of your personal data on?
When we provide services as well as market ourselves to other companies and process personal data of their employees, we use legitimate interest as a legal basis. When you have signed up for a demo, we will process your personal data based upon your consent. For personal data processing to comply with legislation, eg. Book-keeping Act, we base the processing on legal obligations.

7.6. How long will we keep the data?
As long as you are an important contact for us regarding our professional relationship, we will save your data. If it comes to our knowledge that your duties at your company have changed or that you no longer are employed, the data will be deleted. For the processing based upon consent, we will process your personal data until you revoke your consent.

8. Other data subject
8.1. Why do we use your personal data?
8.1.1. References in an employment procedure
References are contacted in a recruitment process. For us to be able to contact the reference we need name and telephone number. In most cases, we also need to know the reference’s position and relationship with the candidate (e.g. manager).

8.1.2. Emergency contacts / closest relative of employees
When someone is employed, we collect a so-called emergency contact, a close relative of the employee whom we can contact if it should happen during working hours or on commitment / travels that takes place within the framework of work.

8.1.3. Social media contacts
People who contact us on social media, by phone, website (including chat) and by email. If you as an individual have contacted us with questions of any kind, we may save your personal data in order to be able to contact you later on.

8.1.4. Partners and re-sellers
Collaborators, colleagues in our industry, people in professional networks, media contacts etc. We may save your contact information for future communication. We, as a company, must be able to save this information in order to effectively operate in the market and create relationships that promote our and other companies’ growth.

8.1.5. Website visitor
To improve our website, we may use feedback you provide to improve our products and services

8.1.6. Survey participant
To run a promotion, contest, survey or other website feature or to send information you agreed to receive about topics we think will be of interest to you.

8.1.7. Newsletter / periodic email subscribers
If you decide to opt-in to our mailing list, you will receive emails that may include company news, updates, related products or service information, etc.

8.2. What personal data may we collect and process?
We may collect personal data from you in a variety of ways, including but not limited to, when you visit our site, register on the website, subscribe to the newsletter, respond to a survey, fill out a form, and in connection with other activities, services, features or resources we make available on our website. We may collect, as appropriate, name, email address and phone number.

We may collect non personal identification information about visitors whenever they interact with our website. Non-personal identification information may include the browser name, the type of computer and technical information about visitors means of connection to our website, such as the operating system and the Internet service providers utilized and other similar information.

8.3. How did we collect these personal data?
From you:
- You have contacted us via Facebook, Messenger or Instagram when you commented on something or were asking us questions within these media.
- We have received personal data from you personally, by mail or business card.
- We have received personal data from you when asking us to be contacted or having contacted us via telephone, social media, website (including chat), info-mail or personal mailboxes.
By us:
- We have found the data in our own individual networks on e.g. LinkedIn.
From third party:
- We have received personal data from your employer or colleague.
- We have received personal data from job seekers for reference purposes.
- Someone named you as an emergency contact.

8.4. Who we share your personal data with
We distinguish between people who are in contact with us as a private person and people who are in contact with us as a representative from another company. Personal data for private persons, we are more restrictive with and generally don’t share these data with anyone external. When it comes to personal data for professionals, we are not as restrictive, as sharing contacts within the professional network promotes business and corporate growth. We have the opinion that personal data regarding representatives from a company isn’t as sensitive to privacy as personal data relating to a private person.

We use sub-contractors that perform services on our behalf (such as technical, administrative, market-related or other services) when required for the purpose of managing contacts with other stakeholders. These sub-contractors may not use your personal data for their own purposes, which we have regulated in agreements with these suppliers.

We use the following categories of sub-contractors:
- Storage, research and development
- CRM-Software.
- Survey platform.
- Social media platforms.
- Backoffice functionality.

We share data within Fairec, based on our legitimate interest and for administration purposes.

8.5. What legal basis do we base our processing of your personal data on?
The legal basis for processing personal data for this group may vary depending on in what respect our contact has arisen. In most cases, we will use legitimate interest as a legal basis. If we see that the individual who’s personal data, we processed ends up in one of the other interest groups, the legal basis that is applicable to that group will apply.

If at any time you would like to unsubscribe from receiving future emails, we include detailed unsubscribe instructions at the bottom of each email or you may contact us via our website.

8.6. How long will we keep the data?
8.6.1. References in a recruitment process (internally)
The references’ contact details will be saved solely regarding the candidate who has been hired. We save the data and the reference protocol together with the candidate’s other documents for 24 months due to the provisions of the Discrimination Act and possible appeals.

8.6.2. Emergency contacts / closest relatives of employees
Saved as long as someone is employed. The employee is responsible for ensuring that the data is correct and updated.

8.6.3. Social media contacts
Personal data is processed as long as the data is needed to enable and maintain communication.

8.6.4. Partners and re-sellers
During the process of establishing a professional relationship and contact in marketing purposes we will keep the data as long as we maintain a legitimate interest.

8.6.5. Website visitor
We process cookies according to our separate cookie policy. Apart from cookies that are needed for the website to run and any setting you have yourself requested, we only collect data via cookies after and based on your consent. Further processing might be based on other legal bases according to its purpose and as otherwise described in this policy.

8.6.6. Survey participant
We occasionally conduct surveys via our newsletter and other communication with you. This is based on your consent. The personal data is saved and processed for as long as we have your consent, or at most for as long as we need the data for the purpose of the survey.

8.6.7. Newsletter / periodic email subscribers
Until you decide to opt-out of our mailing list. In each email there is information about how to opt-out.

OUR CONTACT DETAILS
If you would like to get in touch with us regarding our processing of your personal data, you can send an e-mail to info@fairec.io. At this address you can also:

Make a DSAR (Data Subject Access Request, for information of all personal data processing on your person), as well as request modification or deletion of your personal data;

Submit comments or suggestions regarding our Privacy Policy.

Or, if you would rather get in touch with us by post:

Fairec ApS
Company reg. no.: 45143562
Store Kongensgade 130
1264, København K

Platform Security

Last updated on: 05 April, 2025

1. Who we are and how to contact us
“We” are (the company responsible for processing your personal data):

Fairec ApS, Company reg. no.: 45143562
Store Kongensgade 130, kl., 1264 København K, Denmark

You can always reach us at:
E-mail: info@fairec.io

Fairec ApS (hereafter Fairec, we or us) is the data controller for the processing of your personal data described in this policy. This means we have a responsibility to keep your personal data safe, to only use it for legal purposes, and to inform you about it – so that you can exercise your rights.

2. Third-party software vendors (and data processors)
Under the terms of service, the customer has accepted that we use sub-contractors as third-party software vendors. The list below relates to the vendors that will process data as part of Fairec delivering its service.

Name

Description

Location

Certification level

Amazon Web Services, AWS (EU)

Cloud infrastructure & data processor

Ireland

ISO 27001, SOC 2, and other globally recognized certifications

Microsoft Azure OpenAI Services

AI and Machine Learning services

Western Europe

ISO 27001, SOC 2, and SOC 3

Microsoft Azure TTS

Text-to-speech services

Western Europe

ISO 27001, SOC 2, and SOC 3

MongoDB, Inc.

Data processor

Ireand

ISO 27001, SOC 2, SOC 3, and GDPR

3. Data processing
Data security is a top priority at Fairec. We operate with a serious and professional approach to information security, aligning our practices with internationally recognized security standards. Our security measures are designed to protect customer data, personal data, and other confidential information. To ensure ongoing compliance and effectiveness, we conduct regular internal reviews and assessments of our security policies and controls.

Fairec collaborates with third-party service providers and sub-contractors to facilitate the delivery of our services. In cases where these third parties require access to personal data, they are designated as data processors. To ensure compliance with data protection regulations, we enter into legally binding Data Processing Agreements (DPAs) with all such entities. These agreements establish strict security and confidentiality obligations to protect the integrity and privacy of the data being processed.

3.1. Microsoft Azure OpenAI Service
Our AI model is powered by Microsoft Azure OpenAI Service, which acts as a data processor on behalf of Fairec. Microsoft adheres to stringent security standards and holds certifications such as ISO 27001, SOC 2, and SOC 3, demonstrating compliance with industry best practices.
- Encryption: All data processed by Microsoft is encrypted during transmission and at rest, safeguarding it against unauthorized access.
- Physical and Network Security: Microsoft Azure’s data centers are equipped with robust physical and network security controls, ensuring secure data handling.
- Regulatory Compliance: Fairec maintains a DPA with Microsoft to align with GDPR and other applicable regulations, reinforcing responsible data management.

3.2. Data Storage: AWS & MongoDB Atlas
Our data storage infrastructure is powered by Amazon Web Services (AWS) and MongoDB Atlas, both of which serve as data processors on behalf of Fairec.

3.2.1. Amazon Web Services (AWS)
AWS provides a secure cloud environment that complies with international security standards, including ISO 27001, SOC 2, and other globally recognized certifications.
- Encryption: Data stored on AWS is encrypted both in transit and at rest, ensuring confidentiality and protection against unauthorized access.
- Security Measures: AWS implements stringent physical, network, and administrative security controls to maintain high levels of data security.
- Regulatory Compliance: Fairec has a DPA with AWS to ensure continued adherence to GDPR and other regulatory requirements.

3.2.2. MongoDB Atlas
MongoDB Atlas, the managed cloud database service we utilize, meets the highest security standards, including compliance with ISO 27001, SOC 2, SOC 3, and GDPR.
- Encryption: Data within MongoDB Atlas is encrypted at all stages—both in transit and at rest—enhancing data security.
- Access Controls: Strict access management policies ensure that only authorized personnel have access to sensitive data.
- Compliance and Security: We maintain a DPA with MongoDB to guarantee compliance with industry regulations and best practices.

4. Data Sharing and Legal Obligations
Fairec does not disclose personal data to third parties unless legally required to do so. Any requests for data access from authorities or legal entities are carefully reviewed to ensure compliance with applicable laws and regulations while maintaining our commitment to data privacy and security.

5. Risk mitigation
5.1. Access control & monitoring
To safeguard sensitive data, Fairec implements strict access control and continuous monitoring mechanisms:
- Role-Based Access Control (RBAC): Access to data and system resources is granted based on predefined roles, ensuring that only authorized personnel can access specific data. The RBAC policies are applied at the user levels (Frontend) and system levels (Backend)
- Audit Logging and Monitoring: All access and modification activities are logged and continuously monitored to detect and prevent potential security threats.
- Periodic Access Reviews: Regular reviews are conducted to ensure that only necessary personnel retain access to sensitive data, and outdated access permissions are revoked.

5.2. Incident response plan
Fairec has a defined incident response plan to promptly address potential data breaches or security incidents:
- Threat Detection and Monitoring: Monitoring systems identify and flag suspicious activity in real time.
- Incident Classification and Response: Security incidents are categorized based on severity, and appropriate response actions are initiated immediately.
- Containment and Mitigation: Rapid containment measures are taken to prevent further data exposure, while mitigation strategies address vulnerabilities that led to the incident.
- Communication and Notification: Affected parties, including customers and regulatory authorities, are notified in accordance with legal requirements.
- Post-Incident Review and Improvement: After resolution, a detailed analysis is conducted to refine security policies and prevent future incidents.

Last updated on: 05 April, 2025

The terms set out in this document constitute the framework for the rights and obligations of each party during the period in which a customer-supplier relationship is in effect.

Definitions
In addition to any definitions set out elsewhere in the Agreement, defined terms shall have the meaning set out below:
- “Agreement” means the Purchase Order, these General Terms and the appended data processing agreement (if applicable) as well as any Customer-specific supplementary agreement
- “Annual Fees” means the annual fees for the applicable Service Plan payable throughout the Term.
- “Authorised Users” means the users or groups of users authorised by Fairec to make use of the Customer's Services as set out in Purchase Order.
- “Authenticated Users” means those Authorised Users who require a personal login to the Services.
- “Clause” means the clauses of these General Terms.
- “Customer” means the legal entity specified as such in the Purchase Order.
- “Deliverables” means any applications, widgets, extensions or other software and Updates thereto delivered by Fairec as part of the Services
- “General Terms” means these Fairec General Terms of Service.
- “Monthly Fees” means the monthly fees for the applicable Service Plan payable throughout the Term.
- “Parties” mean Customer and Fairec collectively.
- “Party” means either of Customer or Fairec.
- “Purchase Order” means the purchase order sent to the Customer by Fairec based on the order made by the Customer to Fairec.
- “Fairec” means Fairec ApS.
- “Fairec IP Rights” means copyrights, designs, patents, trademark rights, domain names, any other proprietary intellectual property rights, and know-how to the Services including the software, and any Updates.
- “Fairec Platform” means the HR tool provided as part of the Services which depending on the Service Plan grants access to recruitment tools and Service Plan upgrades.
- “Services” means the Fairec Platform included in the Service Plan, including Fairec Platform, Support, maintenance, and underlying server infrastructure services provided by Fairec in accordance with these General Terms.
- “Schedule” means a schedule to the Agreement.
- “Service Plan” means the Fairec service plan and the features and services included therein which the Customer subscribes for as set out in the Purchase Order.
- “Support” means the software support operated and made available by Fairec as further described in Clause 1.7 and set out in the Purchase Order.
- “Update” means software or patches, fixes, and/or enhancements to the software (including Deliverables) created and released by Fairec as part of the Services.

1 Services
1.1 Use of the Services
1.1.1 Fairec grants Customer a non-transferable and non-exclusive right to use the Services subject to the terms and conditions set out in the Agreement and Customer's payment of all applicable fees under the Agreement.
1.1.2 Customer may only use the Services for the Customer's business purposes in accordance with these General Terms (including Clause 1.4). The Customer may not decompile, modify, reverse engineer, or create derivative works of the Services.
1.1.3 Customer agrees not to transfer, sublicense, lease, lend, or in any other way make available the Services in whole or in part to a third party.
‍
1.2 Licensing of Third-Party Software
1.2.1 The Services are partially comprised of certain open-source software components, which is subject to the terms and conditions of the respective open-source license agreements.

1.3 Scope of Services
1.3.1 The Services include access to the Fairec Platform consistent with the Service Plan subscribed for by the Customer, as set out in the Purchase Order.
1.3.2 Customer may upgrade the Service Plan. A new Purchase Order will be sent to the Customer upon confirmation. If upgraded to the subscription Service Plan, the corresponding changes to the Monthly Fee or Annual Fee shall accrue from the date thereof.
1.3.3 Customer accepts that Fairec makes Updates. Fairec shall inform Customer of major Updates. Fairec is not obligated to provide or procure any Updates, except such Updates necessary to keep the Services in an operational state.

1.4 Users
1.4.1 Customer is obliged to control and limit which users have access to the Services so as to ensure that only Authorised Users can make use of the Services. If the Customer has more than one Fairec Service Plan, Customer is solely responsible for ensuring which users have access to the relevant Services and thus the Customer data.
1.4.2 Each individual Authenticated User will upon request be provided with an authentication for the Services only to be used by that individual. Customer is responsible for the users' authentications and all activity carried out in relation to its Authenticated Users' accounts. Customer and its Authenticated Users must keep authentications confidential, and Customer undertakes to immediately shut down accounts of Authenticated Users who are no longer Authorised Users. Customer must notify Fairec immediately in case of any possible misuse of authentications or any security incident related to the Services.
1.4.3 If part of the Customer's chosen Service Plan, each individual Authenticated User may inherit such user rights as designated by Customer in the operating environment of Customer when using the Services.

1.5 Access to the Services
1.5.1 To use the Fairec Platform, running the latest version of a common, generally approved operating system is required, i.e. Microsoft Windows, Mac OS, iOS, Linux, and Google Android.
1.5.2 Fairec provides standard integrations for Customer to use the Service. An overview of available integration can be found on www.fairec.io. If not found on the list, a potential integration project can be discussed if beneficial for the Parties.
1.5.3 The Fairec Platform may be accessed through a web browser. To use the Fairec Platform, running the latest version of a common, generally approved web browser is required.

1.6 Availability
1.6.1 Subject to the General Terms, Fairec shall use commercially reasonable efforts to make the Services, including Support, available.

1.7 Support
1.7.1 Fairec shall provide Support for Customer for all service requests regarding the Services. The Support is responsible for the life-cycle management of all error categorization and Support as well as service requests and for keeping Customer informed of progress and advising on workarounds.

1.8 Customer Obligations
1.8.1 Customer shall follow all reasonable instructions and recommendations given by Fairec in respect of use of the Services. Customer shall cover any additional costs of Fairec incurred by Customer not fulfilling its obligations.

1.9 Exclusions
1.9.1 Fairec's Services including Support do not cover the following or in the following situations:
- hardware, software, or other components which are not part of the Services;
- errors or problems caused by or contributed to by hardware, software, or other components which are not provided by Fairec;
- errors or problems caused by Customer or an Authorised User not following the instructions and recommendations from Fairec;
- if Customer has rejected the implementation of any Update
- errors or problems caused by third parties not acting on behalf of Fairec; or
- Customer not fulfilling his obligations in this Agreement, including as set out in Clause 1.8.

2 Common Terms
2.1 Price and Payment
2.1.1 All fees are specified in the Purchase Order.
2.1.2 All fees are exclusive of VAT and other applicable taxes which shall be paid by Customer.
2.1.3 If not otherwise agreed in the Purchase Order, Fairec shall be entitled to invoice Customer monthly or annually (depending on the plan) in advance. All invoices issued by Fairec shall be paid within 30 (thirty) days from the date of the invoice.
2.1.4 Late payments will incur interest at a rate of 2% (two per cent) per month until payment is received.
2.1.5 If not otherwise agreed, the fees shall be subject to indexation every year on 1 January in accordance with changes in the preceding year (from 1 Jan to 1 Jan) in the Harmonised Index of Consumer Prices (HICP) for the European Union (full data available on https://ec.europa.eu/eurostat/databrowser/view/prc_hicp_aind/default/table?lang=en). If the change in the index is negative, no adjustment will be made

2.2 Confidentiality
2.2.1 Each Party shall maintain confidentiality of the other Party's confidential information. In particular, Customer shall keep the terms of this Agreement, any Deliverables, and all other information obtained by the Customer, its employees or advisors in connection with this Agreement confidential.
2.2.2 The Customer may provide access to the Agreement to a third-party providing services to Customer, provided such third party to whom the information is disclosed is made aware of the confidentiality obligations under this Agreement and provided the Customer imposes similar confidentiality obligations on such third party. Customer shall be liable for any misappropriation or disclosure of any of the materials set out above by such third party in breach of this Agreement.
2.2.3 Upon termination of this Agreement, for whatever reason, the Parties shall immediately return or irrevocably delete all documents or other materials, which have been received from the other Party, except materials that in accordance with statutory requirements must be maintained for archiving purposes. Upon the other Party’s request, each Party shall confirm the deletion in a written statement to the other party.
2.2.4 Fairec shall not in any way be restricted from using any general and specific knowledge and know-how obtained from Customer.

2.3 Customer data
2.3.1 Customer data stored via the Services is the property of Customer.
2.3.2 Fairec is entitled to process Customer's data for the purpose of Customer's use of the Services, including through scraping the Customer's website, through the Customer's upload to cloud infrastructure included in the Services, or through connection of the Services, used for training each Customer-specific model, and otherwise processed by Fairec. Customer is solely responsible for ensuring which data is made available to Fairec.
2.3.3 Each Party shall retain ownership to its own or its licensors’ intellectual property rights. Customer shall indemnify and hold Fairec harmless from any claim that Customer data infringes third party intellectual property rights or infringes applicable law.
2.3.4 Upon request, Customer is entitled to have Fairec delete Customer's data. Customer is to pay Fairec to do so.
2.3.5 Fairec shall protect any Customer data, including personal data and any data confidential in nature in accordance with Clause 2.2, in accordance with the Data Processing Agreement.
2.3.6 Irrespective of Clause 2.2 and this Clause 2.3, Fairec may use Customer data for the purposes of improving the Services or other of Fairec's offerings. For such use, Customer agrees that all Customer data undergo an anonymisation process designed to ensure that no personal identifiable data is processed by Fairec in pursuit of Fairec's purposes.
2.3.7 Notwithstanding Clause 2.2.3 and 2.3.4, Fairec shall be entitled to keep anonymised data which have been generated through Customer's use of the Services, including questions asked and answers given.

2.4 Personal Data
2.4.1 Customer must comply with applicable data protection law and shall be considered data controller for any personal data processed under this Agreement.
2.4.2 Any processing of personal data carried out by Fairec on behalf of Customer is done solely pursuant to the Privacy and GDPR Compliance policy agreed to by the parties in the Agreement.

2.5 Limitation and Exclusion of Liability
2.5.1 Fairec shall not be liable for any of the following losses or damage (whether such losses or damage were foreseeable, known or otherwise):
- loss of revenue or any other loss of business;
- loss of actual or anticipated profit;
- damage or corruption to or loss of data or programmes and any consequences of not having access to data or programmes;
- loss of goodwill;
- loss of data;
- loss of anticipated savings;
- business interruption;
- subject to Clauses 1.5-1.7 any loss related to third party claims of whichever nature, including claims related to the delay of implementation or upgrading projects; or
- any indirect, special, or consequential loss.
2.5.2 The total aggregate liability of Fairec in any one calendar year under this Agreement, including by way of tort and indemnity in any form, shall in no event exceed the Monthly Fees paid in the twelve (12) months leading up to such liability event.

2.6 Intellectual Property Rights
2.6.1 Any Fairec IP Rights shall remain solely with Fairec.
2.6.2 If a third-party claims that Fairec or the Services infringe third party rights, Customer shall immediately inform Fairec in writing and Fairec shall take over the defence of the claim. Fairec shall at its cost have full control of any proceedings arising out of any claim of infringement of third-party rights. Customer shall give Fairec all reasonable assistance in respect of any such proceedings. Customer may not make any admission as to liability and shall not agree to any settlement or compromise any action without the prior written consent of Fairec.
2.6.3 Fairec agrees to indemnify Customer against any damages and costs imposed on Customer by a court of competent jurisdiction or any settlement sum approved by Fairec as a result of a claim by a third party that the use by Customer of the Services in accordance with the terms of this Agreement infringes the intellectual property rights of that third party, provided that such indemnity shall only apply if and to the extent that Customer has not been provided with a work around solution or an alternative license obtained by Fairec from such third party.
2.6.4 If Fairec cannot on commercially reasonable terms provide a work around or an alternative license, then Fairec can terminate the Agreement with respect to the affected parts of the Services (as relevant). Customer shall refrain from using the affected parts of the Services and Fairec shall not charge further on-going fees to the affected parts of the Services.
2.6.5 The foregoing rights of Customer shall be the sole remedies available to Customer in the event of third-party infringement claims.
2.6.6 Fairec shall not be liable for indemnifying Customer for any costs or damages if the infringement claim (i) is based on the use of an amendment, change, or modification made to the Services by any person other than Fairec or any supplier to Fairec; (ii) is based on a combination of the Services with other systems not provided by Fairec; (iii) if the Services are not being used in accordance the Agreement; or (iv) if the alleged infringement would have been avoided or otherwise eliminated by the use of an Update which Customer has rejected.
2.6.7 If Customer becomes aware of any infringement or potential infringement of Fairec IP Rights, it shall promptly notify Fairec in writing.

2.7 Term and Termination
2.7.1 After the initial term specified in the Purchase Order - during which this Agreement cannot be terminated unless expressly permitted elsewhere in the Agreement - the Agreement will automatically renew for successive periods based on the Service Plan stated in the Purchase Order:
- For one-off purchase, no Agreement renewal is applicable
- For a monthly commitment, the Agreement will renew automatically each month for an additional one (1) month term.
- For an annual commitment, the Agreement will renew automatically each year for an additional one (1) year term.
The Customer may terminate the Agreement at the end of any renewal period by providing written notice as follows:
- At least one (1) month’s notice for monthly commitments.
- At least three (3) months’ notice for annual commitments.
Termination will take effect on the last day of the then-current renewal period.
2.7.2 After the expiration, the term explicitly stated in the Purchase Order, during which the Agreement cannot be terminated (except to the extent explicitly allowed for in the Agreement), Fairec may terminate the Services with effect on the last day of a month by giving three (3) months' written notice.
2.7.3 If Customer or Fairec is in material breach of any of its obligations under this Agreement and such breach is not remedied within 30 days after the receipt of a written notice hereof, or if the breach is not curable, the non-breaching party shall without further notice, be entitled to terminate the Agreement with immediate effect.
2.7.4 In case of termination of this Agreement, irrespective of the reason therefore, Customer shall immediately cease any use of the Services and be under an obligation to return all material related hereto to Fairec. In case of termination due to Customer's material default, Customer shall not be entitled to receive repayment of any of the payments made under the Agreement.
2.7.5 All obligations of the Parties under Clauses 2.6 and 2.2 shall survive the termination of the license granted under this Agreement in addition to those Clauses that in accordance with their content are of a surviving nature.

2.8 Notifications of Changes
2.8.1 Fairec may change these General Terms from time to time. The current version of these General Terms are available on Fairec's website. Fairec will notify the Customer directly of all material changes with reasonable notice (in no event less than one (1) month). If such material changes have material adverse effects for the Customer, the Customer will have thirty (30) calendar days from the notification date to object to the change in writing to Fairec. The objection of the Customer must be well-founded. Such objection will entitle the Customer to terminate this Agreement with effect from the date of the material changes. Absence of any objections from the Customer shall be deemed a consent to the change.
2.8.2 Fairec shall notify Customer regarding developments, which could significantly impede Fairec's current or future ability to provide the Services.

2.9 Use of Subcontractors
2.9.1 Fairec shall be responsible for its use of any subcontractors, as if Fairec had performed such services itself.
2.9.2 Entering into this Agreement, Fairec makes use of the subcontractors set out in the Agreement, which Customer hereby approves. Customer accepts the standard terms of the chosen subcontractor in effect from time to time. List of subcontractors:

Name

Description

Location

Website

Amazon Web Services, AWS (EU)

Cloud infrastructure & data processor

Ireland

https://aws.amazon.com/

Microsoft Azure OpenAI Services

AI and Machine Learning services

Western Europe

https://azure.microsoft.com/da-dk/products/ai-services/openai-service

Attio Ltd.

Customer Relationship Management

United Kingdom

https://attio.com/

MongoDB, Inc.

Data processor

Ireand

https://www.mongodb.com/

Slack Technologies, LLC

Video conferencing and customer interaction

United States

https://slack.com/

Microsoft Teams (Microsoft Corporation)

Video conferencing and customer interaction

United States

https://www.microsoft.com/

Visma Dinero ApS

Accounting application platform

Denmark

https://dinero.dk/

2.9.3 Irrespective of the above, Fairec may freely perform further outsourcing or chain outsourcing of services.

2.10 Compliance with Law and Policies
2.10.1 Fairec agrees to comply with laws, regulatory requirements, and guidelines applicable to it as a service provider during this Agreement.

2.11 Force Majeure
2.11.1 Neither Party shall be liable for failure or delay in performance of its responsibilities hereunder when such failure or delay is caused by wars, riots, uprisings, general strikes or labour disturbances, fire, flooding, natural disasters, monetary restrictions, trade embargoes, epidemics, transportation delays, interruption or breakdown in energy or internet supplies, compliance with the laws, acts, orders, rules, or regulations of any government body, or any other cause whether or not similar to those specified herein, beyond the reasonable control of the said Party.

2.12 Assignment
2.12.1 Fairec reserves the right to transfer its rights and obligations under this Agreement to another party, provided: (i) that such party is controlling, controlled by, or under common control with Fairec; or (ii) that transfer is made to a third party in connection with a bona fide transfer of all or a part of Fairec’s business.
2.12.2 Customer shall not be entitled to assign the Agreement nor any rights or obligations under the Agreement.

2.13 Customer Reference
2.13.1 Fairec shall have the right to use Customer as a reference, e.g. on its website, in press communications, and other marketing material, including case stories.

2.14 Governing Law, Venue and Jurisdiction
2.14.1 This Agreement shall be governed and construed in accordance with the laws of Denmark applied without giving effect to the UN Convention on Contracts for the International Sale of Goods and any conflict of law principles.
2.14.2 If the Parties do not succeed in solving a dispute amicably, the dispute shall be settled finally and with binding effect by arbitration in accordance with the Rules of Arbitration Procedure of the Danish Institute of Arbitration.
2.14.3 All members of the arbitration tribunal must be appointed by the Institute.

2.15 Severability
2.15.1 The invalidity or unenforceability of any term or any part of any term of, or any right arising pursuant to, this Agreement shall have no affect to the validity or enforceability of any other terms or rights or the remainder of any such term or right which shall continue in full force and effect except for any such invalid or unenforceable provision or part thereof.

2.16 Entire Agreement
2.16.1 This Agreement constitutes the entire agreement and supersedes any previous agreements between the Parties relating to its subject matter. In the event of a conflict between terms of the Agreement, specific deviations expressly stated in the Purchase Order shall take precedence over these General Terms. In the event of other discrepancies, the following order of precedence shall apply: The Purchase Order, these General Terms, data processing agreement, any other documents.