Terms and conditions

1. Definitions

Clearhaus
Clearhaus A/S, comp.reg.no. 33749996 is the acquirer/payment institution that provides an account for the Business and provides the financial service that enables the Business to receive a card payment. Clearhaus is authorised and supervised by the Danish Financial Supervisory Authority under Financial Supervisory Authority number 22006.

Business
The natural or legal person in this agreement who has entered into an agreement with Vibrant and Clearhaus to process card payments.

Cardholder
The person (the Business’ customer) to whom a Card is issued.

Card
The payment card covered by this agreement, typically Visa or Mastercard.

The Master Agreement
The document outlining pricing and other main terms and conditions between the Business, Vibrant and Clearhaus.

Card Organisation
Visa, Mastercard or similar Card Organisation.

Card issuer
Cardholder's bank.

2. The services of Vibrant and Clearhaus

Vibrant provides a mobile app that enables the Business to receive card payments on a mobile phone. Vibrant cooperates with Clearhaus, the acquirer, which provides an account for the Business and provides the financial service that enables the Business to receive a card payment. In order to accept card payments for the goods or services the Business sells, it is necessary to have a redemption agreement and by this agreement between Vibrant and the Business, the Business at the same time authorises Vibrant to enter into a Master Agreement between Clearhaus, Vibrant and the Business outlining the prices and other main terms and conditions between the Business, Vibrant and Clearhaus. Clearhaus is a principal member of Visa and Mastercard.

3. Basis of the agreement

The agreement between the Business, Vibrant and Clearhaus consists of the Master Agreement, these General Terms and Conditions, the international regulations of Visa and Mastercard. The international regulations of Visa and Mastercard can be found at https://usa.visa.com/support/consumer/visa-rules.html - https://www.mastercard.us/en-us/business/overview/support/rules.html.

The conclusion of the agreement by Vibrant and Clearhaus with the Business is based on a thorough credit assessment. This agreement authorises Clearhaus to obtain credit information on the Business and its ownership and otherwise to request the Business to provide any information necessary for the ongoing assessment of the customer relationship.

Vibrant and Clearhaus have the right to physically inspect the Business' premises and warehouses as part of the ongoing credit assessment.

The agreement between the Business and Vibrant may only be used for the approved business model. Therefore, no payments may be made on behalf of third parties and no payments may be made for goods/services that differ materially from those disclosed by the Business.

If there is a material change in the circumstances of the Business, Vibrant and Clearhaus must be notified immediately in writing. Material circumstances may include, but are not limited to, the following: ownership of the Business, management, board of directors, registration number, address, email address, telephone number, account number, industry, business model (including new business areas) and significant changes in product mix. The above is not exhaustive.

Material changes may result in a change in credit rating on the part of Vibrant and Clearhaus, which may also result in Vibrant/Clearhaus determining and reserving an amount to cover any losses.

Any amendment to the agreement between Vibrant and the Business must be in writing. Vibrant may amend the agreement with 30 days' notice. However, the notice period may be shorter if the change is due to a change in credit rating or requirements by the authorities or the Card Organisations. Notification of changes will be made by email.

By opening an account with Vibrant, the Business consents to Vibrant and Clearhaus communicating by email, telephone, letter, etc.

4. Processing of transactions

A payment may not be processed until the goods or services have been delivered or dispatched to the Cardholder.

The Business is required to accept all relevant types of Visa and Mastercard.

Upon completing the transaction, it is the responsibility of the Business to provide a receipt to the Cardholder via print, email or text message. The Business must store all relevant information relating to the transaction for a minimum of 2 years.

5. Non-permitted transactions

Only transactions permitted under the Master Agreement, including those permitted under the framework of the Card Organisations, may be processed. Examples of transactions that are not permitted include: payments received for third parties, payments for goods/product lines/industries (see in particular the MCC code, which is the industry code provided upon registration) that are not mentioned in the Master Agreement, payment of debts (a Cardholder paying for goods previously received), payments that may damage the reputation and brand of the Card Organisations and/or Vibrant, payments for sales that are not in compliance with legislation, and payments for services that may constitute an infringement of intellectual property rights.

Vibrant will consider any breach of this as a material breach of the Agreement and may terminate the Agreement immediately.

Violation of the Master Agreement and/or the Card Organisations' framework may also result in Vibrant and/or Clearhaus being imposed a substantial penalty by the relevant Card Organisation. In such event, the Business shall in every respect indemnify Vibrant and Clearhaus.

6. Refunds

The Business' refund of a transaction to the Cardholder (typically upon return of purchased goods), may only be made in full or partial settlement of a previously completed card payment. The Business must use the same card for the refund that was used to make the original purchase and the refund must not exceed the original transaction value.

Refunds may only be processed through Vibrant and Clearhaus if the original transaction was processed through Vibrant and Clearhaus. This means that no cash or bank transfer may be made to the Cardholder.

7. Objections

A Cardholder may object to a transaction towards the Card Issuer, who shall contact Clearhaus. Reasons for an objection may be, among other things, that the Cardholder refuses knowledge of the transaction, that the payment has been completed by other means, that the Cardholder has not received the agreed goods or services, that the Cardholder has returned the goods received, or that the completed payment is larger than agreed. In such a case, this circumstance is irrelevant to Vibrant.

The Business is obliged to promptly provide Vibrant and/or Clearhaus, at their request, with all relevant documentation relating to the transaction in dispute. If the Business is unable to prove its entitlement to Clearhaus, Clearhaus may choose to return the payments to the Cardholder. This is a circumstance which is irrelevant to Vibrant.

The Business is obliged to provide a high level of service to the Cardholder so that objections are avoided. An excessive number of objections may result in a fee from the Card Organisations to the Business. These fees will be issued to Vibrant or Clearhaus, who will always collect them from the Business which is responsible for them, with the addition of an administration fee of 25% of the amount of the fee.

8. Fees and prices

Vibrant's overview of fees can be found on www.vibrant.io. All fees are excluding VAT, duties and taxes. Vibrant may without notice change fees and prices for its services. The Business may also terminate the agreement with Vibrant at any time with immediate effect.

If the Business charges a fee from the Cardholder for a transaction, this must be clearly disclosed to the Cardholder before the Cardholder approves the transaction. It is the responsibility of the Business to keep up to date with national and European regulations regarding the charging of transaction fees from Cardholders.

9. Disbursement and reserves

Disbursements for completed payments to the Business shall be made periodically as set forth in the Master Agreement. Disbursement shall be made after deduction of fees, penalties, refunds, objections and reserves.

Reserves are defined in the Main Agreement. In the event of a renewed credit assessment, Vibrant or Clearhaus may change the reserve calculation without prior notice.

The Business is obliged to balance Vibrant's disbursement calculations with its own accounts as soon as possible. Any objections to Vibrant must be made within 30 days after the end of the month in which the entry occurred. The Business must on its own initiative retrieve statements from me.vibrant.io.

10. Termination of the agreement

The Business may terminate the agreement with Vibrant at any time with immediate effect. Vibrant may terminate the agreement with 3 months' notice. In the event of repeated or material breach of the agreement, Vibrant may terminate with immediate effect by giving written notice to the Business.

The Card Organisations may at their own discretion terminate the agreement with immediate effect.

Upon termination of the agreement, Vibrant shall have the right to withhold the Business's credit balance for the period during which objections may be raised (the objection period). The objection period depends on the business model/product.

11. Lending of equipment

In exceptional cases, it may be agreed between the parties that Vibrant will lend a mobile phone to the Business for use in testing transactions via Vibrant. In this case, the phone is the property of Vibrant and must be returned within 2 months after the start of the agreement. The Business is responsible for the maintenance of the mobile phone and is therefore also responsible for any repairs, updates, etc. related to the phone.

The phone must be returned to Vibrant in the same condition as it was received, except for normal wear and tear, within 2 months after the start of the agreement. To the extent that the Business causes damage to the phone or the phone is not returned to Vibrant, the Business shall be obliged to pay Vibrant an amount of EUR 200, equal to the value of the phone. This amount is then set off against the disbursements of completed payments.

12. Other conditions

Neither party is entitled to disclose information to third parties about the Master Agreement and its contents. However, Vibrant and Clearhaus are entitled to disclose information about the Master Agreement and the Business to the Card Organisations. The Business may not claim any liability against Vibrant for damages, including lost revenue, resulting from system outages and failures and Vibrant shall not be liable for any indirect losses or other consequential damages. The Business is encouraged to properly maintain backup systems.

Vibrant may, with binding effect on the Business, send notices by email. It is the responsibility of the Business to ensure that the correct email address and telephone number appear on the account of the Business with Vibrant.

Disputes shall be settled by the Court of Aarhus under Danish law.

Privacy Policy

1. INFORMATION ON PROCESSING OF PERSONAL DATA

Your data security is important to us, and we therefore make it a high priority that your data is handled in a responsible manner. Below, you can read how Vibrant ApS (hereafter "Vibrant","we", & "us" or "our") process your personal data when we act as a data controller. You can also read about your rights in relation to our processing of your data.

2. VIBRANT’S ROLE AS THE DATA CONTROLLER

In connection with our company's operation, we process an amount of personal data. We do so in order for us to service you in the best possible way. We collect and process mostly general (non-sensitive) data.
If you have any questions about our processing of your personal data, please contact Vibrant here:

Vibrant ApS
P.O. Pedersens Vej 2l
8200 Aarhus N, Denmark
E-mail: hello@vibrant.io
Phone: +4593849984

3. WHAT PERSONAL DATA WE COLLECT AND FOR WHAT PURPOSE

We process personal data about you in a variety of situations. Read more below about our data processing in different situations.


3.1 Visitors to Vibrant’s website

When you visit our website www.vibrant.io, Vibrant can process information about your IP address as well as information about your computer, device, and browser.
We also process information about your visit (e.g. information about the way you access our websites, how you navigate them, what pages you visit, content you view, your searches, ads you have seen, etc.). This information is collected using cookies, log files and other technologies. For more information, see our cookie banner.
We also process data that you provide to us in connection with your use of the website, e.g. when you complete a form or register online, including your name, company name, company address, work phone number/mobile number, e-mail address, title, product interest and other information that you provide to us.
We use your information to enable us to make relevant services and products available to you and to improve your experience of our websites and online services as well as of the services and products we offer. We also use data to show you content on our and others' web pages based on your activities and preferences and to limit the number of times you see the same content.
Our basis for processing is our legitimate interests (article 6(1), point (f) of the General Data Protection Regulation) or your consent (article 6(1), point (a) of the General Data Protection Regulation and section 3 of the Danish Cookie Order).


3.2 Vibrant's customers and potential customers

When you are a customer/potential customer of Vibrant or a contact person with one of Vibrant’s customers/potential customers, we
process personal data about your name, company name, company address, work phone number/mobile number, e-mail address, title, your purchases, payment information and information from publicly available sources as well as other information that you provide to us.
We process personal data for the purpose of complying with the agreement we have with our customers, for the purpose of providing services, invoicing, statistics and quality management, as well as for maintaining our customer records and providing overall service, marketing and sales to our customers and potential customers.
Our basis for processing is the agreement we have with you (article 6(1), point (b) of the General Data Protection Regulation) or our legitimate interests (article 6(1), point (f) of the General Data Protection Regulation).


3.3 Vibrant partners and/or suppliers

When you are a Vibrant partner or supplier or a contact person with a partner/supplier, we process information about your name, company name, company address, work phone number, e- mail address and title as well as publicly available information and other information that you provide to us.
We process the data for use in contract management as well as to receive goods and services from our suppliers and partners and, where relevant, to honour agreements with our customers.
Our basis for processing is the agreement we have with you (article 6(1), point (b) of the General Data Protection Regulation) or our legitimate interests (article 6(1), point (f) of the General Data Protection Regulation).


3.4 Other general purposes of data processing

We may enrich the information described above with information from other sources. This may be publicly available information – including information that we obtain through generally available sources.
Information that we have obtained for the purposes described above may also be processed by Vibrant for compliance with the laws and regulations to which Vibrant is subject in connection with the operation of our company or to fulfil various reporting or disclosure obligations under applicable laws and regulations (article 6(1), point (c) of the General Data Protection Regulation).
If Vibrant sells all or part of our business or sells or transfers our assets or otherwise is involved in a merger or transfer of all or a substantial part of our business, Vibrant may transfer your information to the party or parties involved in the transfer as part of this transaction when permitted under Danish law (article 6(1), point (f) of the General Data Protection Regulation).
Finally, Vibrant may process your personal data in order to enforce or defend our or any third party's legal or legitimate interests where necessary, legal and proportional (article 6(1), point (c) of the General Data Protection Regulation).

4. SHARING YOUR DATA WITH OTHERS

Vibrant may disclose your personal data internally within Vibrant and to other suppliers and/or service providers in connection with the general operation of our business.
Vibrant may also disclose your personal data to a public authority in situations where we are specifically bound to disclose your personal data in accordance with the laws and notification obligations to which we are subject.
We receive technical data from third party analytics providers about your visit on our website.
We try to limit the disclosure of personal data in personally identifiable form and thus the disclosure of information that can be attributed to you personally.
Vibrant also entrusts your personal data to data processors, e.g. in connection with the administration of our IT systems and in connection with our marketing. Our data processors process your personal data solely for our purposes and on our instructions. We enter into data processor agreements with our data processors to ensure that the required security is in place and to protect the data and comply with our data protection obligations.
In general, we use the balancing of interests rule in Article 6 (1)(f) of the General Data Protection Regulation as the processing basis.

5. STORAGE PERIOD, DATA INTEGRITY AND SECURITY

Your personal data is stored no longer than is necessary to meet the purposes for which it has been collected. When your data is no longer necessary, we will ensure that it is deleted in a safe manner.It is our policy to protect personal data by taking adequate technical and organisational security measures.
Information security is Vibrant's highest priority in terms of business risk. We have implemented security measures that will ensure data protection for all the personal data we process. We regularly conduct internal follow-ups in relation to the adequacy of and compliance with policies and measures.

6. YOUR RIGHTS

As a data subject, you have a number of rights under the General Data Protection Regulation. Please contact us if you want to exercise your rights.
You may withdraw any consent unconditionally and at any time. This can be done by sending an email to us (see the email address above). Withdrawal of your consent will not have any negative impact. However, it may mean that we cannot honour specific requests from you in the future. Withdrawal of your consent will not affect the lawfulness of processing on the basis of your consent before it is withdrawn. Furthermore, it will not affect any processing performed on another legal basis.In addition, you may – unreservedly and at any time – raise objections to our processing when it is based on our legitimate interest.
Your rights also include the following:
  • Right to access: You have the right to gain access to the personal data we processabout you.
  • Right to rectification: You have the right to have incorrect personal data about yourself corrected and incomplete personal data completed.
  • Right to erasure (right to be forgotten): Under certain circumstances, you have the right to have your personal data erased prior to the time when we normally delete it.
  • Right to restriction of processing: Under certain circumstances, you have the right to have the processing of your personal data restricted. If you are entitled to restricted processing, we will from that time on only process the data – with the exception of storage – with your consent or for the establishment, exercise or defence of legal claims, for the protection of the rights of another natural or legal person or for reasons of important public interest.
  • Right to objection: You have the right to object to our processing of your personal data under certain circumstances – and always if the processing is for direct marketing purposes.
  • Right to data portability: Under certain circumstances, you have the right to receive your personal data in a structured, commonly used, and machine-readable format and to transmit this personal data from one data controller to another.
  • Right to lodge a complaint: You can lodge a complaint with the Danish Data Protection Agency at any time regarding our processing of personal data. For more information, see datatilsynet.dk where you can also find further information about your rights as a data subject.

7. UPDATES

We are continuously evaluating and updating this data notification. It is therefore a good idea to keep yourself regularly updated. You can see above when the notification was last updated. The latest version will always be available on our websites.

8. INFORMATION ABOUT THE USE OF COOKIES

Below, you can read how Vibrant uses its own cookies and third-party cookies to analyse how our online activities are used.
Data from cookies is also used to collect personally identifiable information for marketing purposes.
A cookie is a small text file that is stored in the web browser on your computer, smartphone, iPad or whatever else you use to browse when you visit websites. Cookies make it possible to recognise your computer etc., to collect information about your online behaviour, including what web pages and functions are visited with your browser, and to ensure that it works from a purely technical standpoint.
In some cases, cookies are the only way to get a website to function as intended. A cookie is a passive file and therefore cannot collect information on your computer or spread computer viruses or other malware. It is anonymous and contains no personal data. Cookies are used by virtually all websites. For more information, see our cookie banner.

Privacy Policy

1. INFORMATION ON PROCESSING OF PERSONAL DATA

Your data security is important to us, and we therefore make it a high priority that your data is handled in a responsible manner. Below, you can read how Vibrant ApS (hereafter "Vibrant","we", & "us" or "our") process your personal data when we act as a data controller. You can also read about your rights in relation to our processing of your data.

2. VIBRANT’S ROLE AS THE DATA CONTROLLER

In connection with our company's operation, we process an amount of personal data. We do so in order for us to service you in the best possible way. We collect and process mostly general (non-sensitive) data.
If you have any questions about our processing of your personal data, please contact Vibrant here:

Vibrant ApS
P.O. Pedersens Vej 2l
8200 Aarhus N, Denmark
E-mail: hello@vibrant.io
Phone: +4593849984

3. WHAT PERSONAL DATA WE COLLECT AND FOR WHAT PURPOSE

We process personal data about you in a variety of situations. Read more below about our data processing in different situations.


3.1 Visitors to Vibrant’s website

When you visit our website www.vibrant.io, Vibrant can process information about your IP address as well as information about your computer, device, and browser.
We also process information about your visit (e.g. information about the way you access our websites, how you navigate them, what pages you visit, content you view, your searches, ads you have seen, etc.). This information is collected using cookies, log files and other technologies. For more information, see our cookie banner.
We also process data that you provide to us in connection with your use of the website, e.g. when you complete a form or register online, including your name, company name, company address, work phone number/mobile number, e-mail address, title, product interest and other information that you provide to us.
We use your information to enable us to make relevant services and products available to you and to improve your experience of our websites and online services as well as of the services and products we offer. We also use data to show you content on our and others' web pages based on your activities and preferences and to limit the number of times you see the same content.
Our basis for processing is our legitimate interests (article 6(1), point (f) of the General Data Protection Regulation) or your consent (article 6(1), point (a) of the General Data Protection Regulation and section 3 of the Danish Cookie Order).


3.2 Vibrant's customers and potential customers

When you are a customer/potential customer of Vibrant or a contact person with one of Vibrant’s customers/potential customers, we
process personal data about your name, company name, company address, work phone number/mobile number, e-mail address, title, your purchases, payment information and information from publicly available sources as well as other information that you provide to us.
We process personal data for the purpose of complying with the agreement we have with our customers, for the purpose of providing services, invoicing, statistics and quality management, as well as for maintaining our customer records and providing overall service, marketing and sales to our customers and potential customers.
Our basis for processing is the agreement we have with you (article 6(1), point (b) of the General Data Protection Regulation) or our legitimate interests (article 6(1), point (f) of the General Data Protection Regulation).


3.3 Vibrant partners and/or suppliers

When you are a Vibrant partner or supplier or a contact person with a partner/supplier, we process information about your name, company name, company address, work phone number, e- mail address and title as well as publicly available information and other information that you provide to us.
We process the data for use in contract management as well as to receive goods and services from our suppliers and partners and, where relevant, to honour agreements with our customers.
Our basis for processing is the agreement we have with you (article 6(1), point (b) of the General Data Protection Regulation) or our legitimate interests (article 6(1), point (f) of the General Data Protection Regulation).


3.4 Other general purposes of data processing

We may enrich the information described above with information from other sources. This may be publicly available information – including information that we obtain through generally available sources.
Information that we have obtained for the purposes described above may also be processed by Vibrant for compliance with the laws and regulations to which Vibrant is subject in connection with the operation of our company or to fulfil various reporting or disclosure obligations under applicable laws and regulations (article 6(1), point (c) of the General Data Protection Regulation).
If Vibrant sells all or part of our business or sells or transfers our assets or otherwise is involved in a merger or transfer of all or a substantial part of our business, Vibrant may transfer your information to the party or parties involved in the transfer as part of this transaction when permitted under Danish law (article 6(1), point (f) of the General Data Protection Regulation).
Finally, Vibrant may process your personal data in order to enforce or defend our or any third party's legal or legitimate interests where necessary, legal and proportional (article 6(1), point (c) of the General Data Protection Regulation).

4. SHARING YOUR DATA WITH OTHERS

Vibrant may disclose your personal data internally within Vibrant and to other suppliers and/or service providers in connection with the general operation of our business.
Vibrant may also disclose your personal data to a public authority in situations where we are specifically bound to disclose your personal data in accordance with the laws and notification obligations to which we are subject.
We receive technical data from third party analytics providers about your visit on our website.
We try to limit the disclosure of personal data in personally identifiable form and thus the disclosure of information that can be attributed to you personally.
Vibrant also entrusts your personal data to data processors, e.g. in connection with the administration of our IT systems and in connection with our marketing. Our data processors process your personal data solely for our purposes and on our instructions. We enter into data processor agreements with our data processors to ensure that the required security is in place and to protect the data and comply with our data protection obligations.
In general, we use the balancing of interests rule in Article 6 (1)(f) of the General Data Protection Regulation as the processing basis.

5. STORAGE PERIOD, DATA INTEGRITY AND SECURITY

Your personal data is stored no longer than is necessary to meet the purposes for which it has been collected. When your data is no longer necessary, we will ensure that it is deleted in a safe manner.It is our policy to protect personal data by taking adequate technical and organisational security measures.
Information security is Vibrant's highest priority in terms of business risk. We have implemented security measures that will ensure data protection for all the personal data we process. We regularly conduct internal follow-ups in relation to the adequacy of and compliance with policies and measures.

6. YOUR RIGHTS

As a data subject, you have a number of rights under the General Data Protection Regulation. Please contact us if you want to exercise your rights.
You may withdraw any consent unconditionally and at any time. This can be done by sending an email to us (see the email address above). Withdrawal of your consent will not have any negative impact. However, it may mean that we cannot honour specific requests from you in the future. Withdrawal of your consent will not affect the lawfulness of processing on the basis of your consent before it is withdrawn. Furthermore, it will not affect any processing performed on another legal basis.In addition, you may – unreservedly and at any time – raise objections to our processing when it is based on our legitimate interest.
Your rights also include the following:
  • Right to access: You have the right to gain access to the personal data we processabout you.
  • Right to rectification: You have the right to have incorrect personal data about yourself corrected and incomplete personal data completed.
  • Right to erasure (right to be forgotten): Under certain circumstances, you have the right to have your personal data erased prior to the time when we normally delete it.
  • Right to restriction of processing: Under certain circumstances, you have the right to have the processing of your personal data restricted. If you are entitled to restricted processing, we will from that time on only process the data – with the exception of storage – with your consent or for the establishment, exercise or defence of legal claims, for the protection of the rights of another natural or legal person or for reasons of important public interest.
  • Right to objection: You have the right to object to our processing of your personal data under certain circumstances – and always if the processing is for direct marketing purposes.
  • Right to data portability: Under certain circumstances, you have the right to receive your personal data in a structured, commonly used, and machine-readable format and to transmit this personal data from one data controller to another.
  • Right to lodge a complaint: You can lodge a complaint with the Danish Data Protection Agency at any time regarding our processing of personal data. For more information, see datatilsynet.dk where you can also find further information about your rights as a data subject.

7. UPDATES

We are continuously evaluating and updating this data notification. It is therefore a good idea to keep yourself regularly updated. You can see above when the notification was last updated. The latest version will always be available on our websites.

8. INFORMATION ABOUT THE USE OF COOKIES

Below, you can read how Vibrant uses its own cookies and third-party cookies to analyse how our online activities are used.
Data from cookies is also used to collect personally identifiable information for marketing purposes.
A cookie is a small text file that is stored in the web browser on your computer, smartphone, iPad or whatever else you use to browse when you visit websites. Cookies make it possible to recognise your computer etc., to collect information about your online behaviour, including what web pages and functions are visited with your browser, and to ensure that it works from a purely technical standpoint.
In some cases, cookies are the only way to get a website to function as intended. A cookie is a passive file and therefore cannot collect information on your computer or spread computer viruses or other malware. It is anonymous and contains no personal data. Cookies are used by virtually all websites. For more information, see our cookie banner.