Terms & Conditions

Rainbow Idea is an advertising agency founded in 2005, and "Rainbow Idea" is the commercial name of S.C. RAINBOW MARKETING & CONSULTING S.R.L., legal person of Romanian nationality with registered office in Bucharest, 2 Piața Alba-Iulia Street, building I1 entrance 1 ap. 11, 3rd District, registered within the Trade Registry under no. J40/8590/2005, tax code RO17574245 and lucrative facility in 29th Tudor Vianu Street, Apt. 1, 1st District, post code 011636, Bucharest.

Rainbow Idea reserves the right to change and update at any time the content of the website as well as the Company's registered pages on the social networks as well as the Terms and Conditions by notifying the Rainbow Idea partners by displaying on the site the latest update or information about updates and/or changes made. Any changes that significantly affect a Rainbow Idea partner or any changes to or in relation to the partner's personal data processing or processing activities may be notified in the form of an e-mail, SMS or message displayed on site.

1. GENERAL

1.1. By using the site and the content, the user is responsible for the consequences arising from their use. Also, the user is liable for any material, intellectual, electronic or other damage to the site, including the content or any third party with which Rainbow Idea has entered into a valid contract in accordance with applicable law.

1.2. This site is destined for Rainbow Idea users and partners, individuals who are at least 18 years of age or legal entities who have not been suspended or removed from accessing the website by Rainbow Idea, regardless of the reason for suspension or removal.

2. CONTENT AND INTELLECTUAL PROPERTY RIGHTS

2.1. The entire content of the www.rainbowidea.com site (texts, static images, dynamic images, text, logos, stylized representations, graphics elements, commercial symbols, or multimedia content) is the exclusive property of Rainbow Idea or its administrator, all rights obtained directly or indirectly are reserved (through usage and/or publication licenses) and are protected by Law 8/1996 on copyright and related rights and intellectual and industrial property laws applicable to intra-Community level. Attempts to retrieve content by any means are illegal and, as far as possible, the Rainbow Idea will act accordingly.

2.2. The name of the company is a Community trademark registered at European level in the Community Trade Mark Register (EUIPO).

2.3. The user or partner is not permitted to copy, distribute, publish, transfer to third parties, modify and/or otherwise alter, use, bind, expose, include any content displayed on the website in any context other than the original intended by Rainbow Idea, the inclusion of any content outside the site, the removal of Rainbow Idea's copyrights in the content, as well as the participation in the transfer, sale, distribution of materials made by reproducing, modifying or displaying the content, unless expressly agreed by Rainbow Idea or its administrator.

2.4. Any content to which the user or partner has and/or obtains access by any means is subject to the provisions of this document if the content is not accompanied by a specific and valid use agreement between Rainbow Idea and a user or partner who may derogate in whole or in part from the provisions of this document and without any implied or express warranty by Rainbow Idea with reference to that content. For clarification, Rainbow Idea may provide the User with an agreement, the right to use, in a defined form, a specific content of the site. This agreement applies strictly to defined content for a period set forth in the agreement and only to the person (s) who has (have) been permitted to use this content.

2.5. If Rainbow Idea gives the user, partner or other interested third party the right to use, as described in a separate use agreement, a certain content to which they have or may gain access, the right of use only concerns that content or parts thereof, as long as the content or parts thereof exist and only within the period defined in the agreement and within the limits of the agreement. The existence of a use agreement expressly concluded by Rainbow Idea with a partner, a user or a third party is not a contractual commitment from Rainbow Idea to that partner, third party or user who gains access to the content or sections of the site in the sense that Rainbow Idea has the right to modify, update or complete in any way and at any time the site or any of its sections during or after the expiration of the use agreement.

2.6. The user or partner may copy, transfer and/or use content on the website only with the prior written consent of Rainbow Idea and for personal or non-commercial purposes only and in direct relationship with Rainbow Idea under the following conditions:

- if the usage does not come into conflict with the provisions of this document, with the provisions of the valid agreement with Rainbow Idea and / or the relevant legislation;

- do not modify or delete any content or part of it (photo images, articles, banners with a view to presenting the services) or the audio or video files posted on the site, if applicable;

- use or display does not suggest that Rainbow Idea promotes or supports any third-party causes, ideas, opinions, products or services;

- if any, the content of any kind made available for download (such as photo images from the event you attended organized by Rainbow Idea or the audio recordings of the event) should not be edited, retransmitted or reproduced in any way without the consent the Rainbow Idea.

2.7. Rainbow Idea is not responsible for the way users or third parties (companies, partners, or media companies) use the content without notice and/or, as the case may be, without the prior consent of Rainbow Idea.

2.8. It is forbidden any use of the content of the site for purposes other than those expressly permitted by this document or the accompanying use agreement, if any. Breach of this section confers the right of Rainbow Idea to take legal action against unauthorized use of the site's content to repair potential material and/or image damage to Rainbow Idea, its representatives or employees, and its Rainbow Idea’s partners.

2.9. Your posting on the site or on the social networking pages of Rainbow Idea does not constitute a waiver of that right from or in connection with a site other than Rainbow Idea's right to post its own content. Except to those expressly provided herein, you do not acquire any right, title or interest in or in connection with the Site.

2.10. Rainbow Idea reserves the right to delete the licentious, defamatory, and/or tendentious comments, or of any kind, posted by the user on the Rainbow Idea social networking pages.

2.11. All software used in this site, its content and development, as well as the source code in its entirety is protected by copyright laws.

2.12. Descriptions and articles posted are created by Rainbow Idea team members and if applicable by its collaborators or are taken over from partners. The authors are responsible for the content of these materials. Copying and publishing these materials (partially or wholly) may only be done with the prior consent of the authors of materials whose reproduction is requested in any possible way.

2.13. Rainbow Idea may offer the User, through an agreement, the right to use, in a defined form, a specific content of the site. This agreement applies strictly to the content defined for a period set forth in the agreement and only to the person (s) who has (have) been permitted to use this content without being able to use any other content on the site.

3.1 Rainbow Idea is constantly concerned with improving the means of processing personal data obtained from its partners in order to provide the services, to ensure the processing of the processed data and to keep its confidentiality effectively. We are transparent about the measures implemented in this respect, in compliance with the provisions of the General Data Protection Regulation (Regulation 679/2016).

3.2. Thus, we make every effort to ensure that Rainbow Idea employees, collaborators and/or subcontractors comply with the provisions of this document and the Privacy Policy.

3.3.Control of access to internal computer systems

Access to all data processing systems is done exclusively through an internal authentication algorithm with a unique password assigned to company employees or a password set by the authorized employee.

The company uses a simple authentication method and blocks unauthorized access in any case of unsuccessful attempts to access (login) to the system or in case of inactivity.

Company employees have the right to access data only through password authentication. In addition, Rainbow Idea remote or wireless access resources are restricted and employee access rules have been implemented, technically, for computer systems.

3.4.Control of access to personal data and other information considered confidential

Access to personal data is limited to employees who need to use this data and is protected by the password assigned under the password creation rules and is also subject to the introduction of a valid user name. Access to personal data is ensured through a VPN that is well regulated by access control policies. Rainbow Idea uses increased security to ensure that personal data is not accessed, modified, copied, illegally used, transferred or deleted without specific authorization. Access to personal data processed in the Rainbow Idea activity or to information considered confidential is limited, depending on the individual case and reduced to the minimum necessary for the performance of the tasks or functions of the persons accessing them.

3.5.Physical access to personal data or confidential information

Physical access to offices and the server room (data room) is secured and limited to authorized persons only. The company works with a local partner who provides secured storage services to host the personal data in the Rainbow Idea database (for additional information you can write to us at). The company's servers are located in a protected facility, where physical access is controlled by certified security personnel. Additionally, the company has entered data processing agreements with the provider that provides data hosting services at a server level. The Rainbow Idea server is protected by the best standards by implementing technical and organizational security measures to ensure the proper processing of data.

3.6.Organizational and operational safety

It is the responsibility of the Rainbow Idea staff to follow the internal practices and standards implemented at the organization level. The company educates and organizes continuous training sessions of its employees, consultants and collaborators on internal data processing rules and increases the awareness of the potential risks of non-compliance with them in the personal data processing.

3.7.Control of information and personal data transfer

The purpose of the control implemented at Rainbow Idea level regarding the transfer of confidential and/or personal data, whether it is the transfer of information or personal data between Rainbow Idea and its contractual partners or between company employees (inter-departmental) is to provide adequate security guarantees that personal data cannot be accessed, copied, modified or removed by unauthorized persons during the electronic transmission of data or during the physical transport of documents containing personal data or confidential information or storage of these documents at the company's registered office.

3.8.Data storage (retention)

Personal data, as well as residual data, are deleted as soon as possible or within the time limit set by law, in accordance with the Rainbow Idea Retention Policy.

3.9.Rules established for employees and collaborators

Employees and collaborators of Rainbow Idea who process data in relation to the company have signed binding privacy agreements with regard to their data processing activities and how they work with confidential information at the organization level. Employees and/or collaborators of Rainbow Idea undertake to observe the company's policies and procedures as well as the technical and organizational measures implemented, and violations of these rules may lead to disciplinary action until termination of the employment contract or unilateral termination of the collaboration contract. An employee or collaborator will not have access to the personal data processed by Rainbow Idea until the company is convinced that the employee or collaborator concerned is trained and understands to assume responsibility for the management of personal data and the use of confidential information as a Rainbow Idea representative. In addition, Rainbow Idea organizes annual training sessions or whenever it deems it necessary to educate/train employees and/or collaborators on the legal framework applicable to the company's field of activity in relation to the processing of personal data or data security, updating company policies against regulatory changes or business needs.

4. FRAUD

4.1. Rainbow Idea does not require users or their partners' representatives through any means of communication (e-mail/telephone/SMS, etc.) information about their personal data, whether sensitive data or confidential data in any situation, for example: bank accounts/bank cards or personal passwords.

4.2. The user or partner takes full responsibility for the disclosure to third parties of their confidential data.

4.3. Rainbow Idea disclaims any liability in the event that the user or a contractual partner is harmed in any way by a third party claiming to be a Rainbow Idea representative or representing the interests of Rainbow Idea. The user or partner will inform Rainbow Idea of such attempts, using existing contact data within the Privacy Policy or existing contact information on the website.

4.4. Rainbow Idea does not promote SPAM. Any user or business partner who explicitly provided his/her email address to the site may opt to withdraw this email address by submitting a written request using existing contact information under the Privacy Policy or existing contact information on the site.

4.5. Communications to individuals made by Rainbow Idea by electronic means of remote communication (i.e. e-mail, SMS or telephone call) contain the correct identification data of the contact person as received from our contractual partner in connection with an event organized with the help of/through Rainbow Idea in connection with submitting requests or complaints, participating in a promotional campaign, contest or event, or in connection with winning a prize.

4.6. The following goals, once achieved, will be considered as attempts to defraud the site or content of Rainbow Idea, the latter retaining the right to initiate criminal prosecution against the one or those who attempted to achieve this (these) goal(s):

4.6.1. Accessing any type of data of another user regardless of the method used;

4.6.2. Alteration or modification of the content of the site or any correspondence sent by any means by Rainbow Idea to the user or the contractual partner;

4.6.3. Deliberate (wilful) impairment of the performance of the server/servers on which the site is running;

4.6.4. Access or disclosure to any third party who does not have the necessary legal authority of content sent by any means by Rainbow Idea to the user or partner when the latter is not the legitimate recipient of the content.

5. LIMITATION OF RESPONSABILITY

5.1. Rainbow Idea cannot be held responsible in any way to any user or partner for the way it uses the site or its content, other than within the limits of articles that constitute the Terms and Conditions.

5.2. In the event that a user or partner believes that any content sent by any means by Rainbow Idea infringes intellectual property rights or any other rights, it is requested to contact Rainbow Idea for details using the contact data available on the website in order to have the opportunity to give a point of view or to decide knowingly.

5.3. Rainbow Idea does not guarantee the User access to the site or its functionality, and does not give the user the right to download or modify partially and/or wholly the content, to reproduce the content in whole or in part, to copy, or to exploit any content in sections of the website or on the pages of the Rainbow Idea social networks in any other manner, or to transfer to any third party any content over which it has and/or obtained access, otherwise than under a usage agreement, therefore without the Rainbow Idea prior written consent.

5.4. Rainbow Idea is not responsible for the content, quality or nature of other sites accessed through sections of the Rainbow Idea website, regardless of the nature of these links. For these sites, the owners bear all liability.

5.5. Rainbow Idea is relieved of any fault in the use of the site and/or the content transmitted to the user or partner via any electronic means through the Rainbow Idea's website, e-mail or employee when this use of the content may cause or causes damage of any kind to the user and/or any third party involved in the transfer of content.

5.6. Rainbow Idea does not offer any direct or indirect warranty that:

  • The website is in accordance with the User's requirements;
  • The functionality of the website, such as the contact form in the “Contact” section, will be uninterrupted, secure, or free from any errors, including system errors that are not produced by Rainbow Idea and are not or can always be controlled by the company;

5.7. Promotional materials (including but not limited to our partner banner ads) used to present Rainbow Idea events or services provided by the company displayed on the company's website and/or on the social networking pages of the company (such as the Facebook page) have the sole purpose of promoting organized events and services provided by Rainbow Idea or the possible services of its third party partners.

6.DISPUTES

6.1. By using/visiting/viewing the site and/or any content sent by Rainbow Idea to the User by accessing the Site and / or by sending by any means (electronic, telephone, etc.), the latter agrees to the provisions of the document containing the Terms and Conditions.

6.2. Any dispute relating to these Terms and Conditions that may arise between the user or partner and the Rainbow Idea will be settled amicably, and the Parties will do all due diligence in this regard.

6.3. Any dispute of any kind that may arise between the user and Rainbow Idea or its partners will resolve amicably. If this is not possible, the conflict will be settled by an authorized mediator, agreed by both parties in dispute, and if mediation does not solve/resolve the dispute, the dispute may be referred to the competent courts of Bucharest in accordance with the Romanian laws in force.

6.4. If any of the above clauses are found to be null or void, for whatever reason, this clause will not affect the validity of the other clauses.

6.5. This document has been drafted and will be interpreted in accordance with Romanian law.

7. FINAL DISPOSITIONS

7.1. Rainbow Idea reserves the right to make any modifications, updates or additions to these provisions, as well as any modifications, additions or updates to its site/structure, such as content, without prior notice by the User if the changes do not affects the partner to a significant extent, its representatives or image.

7.2. Subject to the Terms and Conditions, Rainbow Idea will not be held liable for any errors found on the site for any reason, including any changes, settings, etc. that are not made by the Site Administrator.

7.3. Rainbow Idea reserves the right to place advertising banners of any kind and/or links on any page of the site, in compliance with applicable law.

8. FEEDBACK

8.1. If there are any questions or suggestions regarding the Rainbow Idea services, this document or the other policies posted on the website, please contact us by e-mail using the “Contact” section on the website.

8.2. Any comments, questions, feedback, ideas, suggestions or other communications or information about or relating to the Rainbow Idea site, functionality or improvement will become and will remain the property of S.C. RAINBOW IMARKETING & CONSULTING S.R.L., from the date of their transmission.

©- RAINBOW IDEA: May 2019