Diary Study Participant Terms and Conditions
Omio Travel GmbH (“Omio”), with registered office at Warschauer Platz 12, 10245 Berlin, is conducting a users’ travel diary study (the “Study”), in order to gain insight into user’s needs before, during, and after their journeys booked with Omio.
By agreeing to these Terms, You, as a Participant (the “Participant”, “You”, or “Your”) hereby express your willingness to take part in the Study.
Omio and the Participant agree that the following terms and conditions (the “Terms”) will govern the Participant’s participation in the Study.
1. Participation
1.1 Eligibility
To become a Participant, You must:
- be over the age of eighteen at the time of signing up. Employees of any company within the Omio group, as well as their immediate relatives and/or those living in the same household as an employee of the Omio group, are excluded from participation.
- Be registered at and willing to use the WhatsApp platform in order to communicate with the Omio User Research team. WhatsApp (officially WhatsApp Messenger) is an instant messaging (IM) and voice-over-IP (VoIP) service provider. There is no relation or connection whatsoever between Omio and WhatsApp, and by using WhatsApp You are accepting any terms that WhatsApp can impose on its users.
- Have a valid ticket booking for the Timeframe, and such trip should be taking place (the ticket has not been cancelled by You).
- You must have a smartphone with a camera, sufficient mobile data and battery in order to stay in contact with the User Research team during the Timeframe.
From the pool of eligible participants, a few people will be chosen by the Omio User Research team, depending on the times of travel, itinerary, etc.
If You qualify and are chosen by Omio to participate in the Diary Study program, you will be contacted shortly after by Omio’s User Research team on WhatsApp.
If you have not been picked to participate in the Study, you will not be contacted. Eligibility or non-eligibility of the Participants is a decision to be taken solely by Omio, such decision will be final.
1.2 Timeframe
The Study will take place between October 16th and October 21st 2024 (the “Timeframe”), although You may not be contacted during the entirety of the Timeframe.
2. Informed Consent
This section aims to give You a general understanding of what the Diary Study is about, and what Your participation will involve.
Purpose: The purpose of the Diary Study is to gather information about Omio user’s experience with the Omio website and app, before, during, and after their booking. It also specifically aims to gather information about Omio user’s experience using mobile tickets on the Omio app while travelling.
Participant Recruitment and Selection: Participants will be selected from a pool of survey respondents, based on whether or not they meet the eligibility criteria (stated in 1.1. above), and whether the trip they have booked with Omio aligns with the schedule of the User Research team. The decision of Omio with regards to Participant selection shall be final.
What Will I Be Asked To Do?: You will be asked to communicate with the User Research team via WhatsApp for a period of 5 or 6 days regarding your trip experience. The Timeframe will begin 3-4 days before Your trip, and continue until 1 day after Your trip. For more details, please see Section 3.
What type of personal information will be collected?: We will need to contact You by mobile on WhatsApp. For more details on the use of Your personal data, please see Section 8.
Are there benefits if I participate?: Provided that You perform the Participants’ obligations (clause 3 below) on time and in full, you will receive remuneration of an Amazon.com Gift Card to the value of 150 EUR. Restrictions apply, see amazon.com/gc-legal. The terms and conditions of Amazon, as well as the terms and conditions relating to the Amazon gift card, will apply to such card. Other benefits include making Your voice heard, and helping to improve the Omio product for future travellers.
What happens to the information I provide?
We will only store Your personal data in line with our Privacy Policy. The information You provide throughout the study will be used to identify areas of improvement for Omio’s post booking and travel experience.
3. Participant Obligations
To be eligible to receive the benefit stated in clause 2 above, the Participant must complete a minimum of three tasks, three times a day during the Study Timeframe. Tasks may require sending voice notes, screenshots, photos, videos, screen recordings or answering questions on WhatsApp. All of these requests will relate to the Study and the travel by the Participant.
As a Participant, You shall be responsible for ensuring that You have sufficient mobile data and phone battery levels during the Timeframe. Failure to remain in contact during the Timeframe, including due to issues with phone battery or connectivity may result in the Participant being removed from the Study and being not eligible to receive the benefit as stated in clause 2 above. For more information, please also see Section 5.
4. Remuneration
Should the Participant complete all Participants’ obligations as outlined in Section 3, You will receive an Amazon.com Gift Card to the value of 150 EUR as remuneration for Your participation in the Study.
Restrictions apply, see amazon.com/gc-legal. The terms and conditions of Amazon, as well as the terms and conditions relating to the Amazon gift card, will apply to such card.
Should the Participant fail to meet some or all of the obligations set out in Section 3, no remuneration shall be payable.
The voucher will be sent in the form of a code via email within 5 business days of the completion of the study.
5. Confidentiality
During the Study, confidential information may be disclosed to the Participant, for the purpose of conducting the Study (the “Purpose”).
“Confidential Information” means information in whatever form (including without limitation, in written, oral, visual or electronic form and wherever located) relating to Omio’s business which should reasonably be regarded as being confidential to Omio.
Confidential Information also includes trade secrets including, without limitation, technical data and know-how relating to Omio’s business, Omio employees or methods of research. Confidential Information also includes, without limitation, information that the Participant creates, develops, receives or obtains in connection with the Purpose, in each case whether or not such information is marked as confidential.
The Participant agrees at all times, both during the term of the Study and after its completion, (a) to hold the Confidential Information in strict confidence and not disclose it to any third party, except as expressly authorized in writing by Omio, and (b) to use the Confidential Information for no purpose other than the Purpose. The Recipient shall not be in violation of this obligation with regard to any disclosure made in response to a valid order by a court or other governmental body, provided that the Participant provides Omio with prior written notice of such disclosure.
The Participant’s obligations under this Agreement with respect to any Confidential Information shall not apply where the Recipient can show to Omio’s reasonable satisfaction that such information:
(a) was in the public domain at the time it was communicated to the Recipient by Omio through no breach of an obligation of confidentiality to Omio;
(b) entered the public domain subsequent to the time it was communicated to the Participant by the Company through no fault of the Recipient or other breach of an obligation of confidentiality to Omio;
(c) was in the Participant’s possession free of any obligation of confidence at the time it was communicated to the Participant.
The Participant shall not reproduce Confidential Information in any form except where required to accomplish the Purpose.
The Participant understands and agrees that Omio may suffer irreparable harm if the Participant fails or threatens not to comply with any of the terms of confidentiality and restrictions on use and disclosure under these Terms. In the event of any breach or threatened breach of the confidentiality obligations under these Terms, monetary damages may not be adequate to compensate Omio. Accordingly, the Participant agrees that Omio shall be entitled to seek injunctive relief in any court of competent jurisdiction to enforce these Terms, in addition to all other remedies available to it.
6. Liability
The Omio Terms and Conditions of Use continue to apply during the Study. The policies of the travel provider listed on Your ticket, and Your rights under the applicable legislation shall continue to apply.
Omio shall be liable without limitation for intent and gross negligence only. In the case of simple negligence, Omio shall only be liable in the event of a breach of its cardinal duties under these Terms. Cardinal duties shall be interpreted as duties enabling proper performance of these Terms, which the Participant must at all times rely on being performed or which have to be performed in order to achieve the purpose of these Terms. In the case of a breach of cardinal duties, Omio’s liability is limited to compensation for damage that is typical and that Omio might have foreseen at the date of this Agreement. In all other respects, Omio’s liability for slight or simple negligence is excluded.
7. Data Protection
By participating in the Study, You agree to be contacted by email in the event that You are selected as the participant. You also agree to be contacted by Omio on WhatsApp for the purposes of your participation in the Study. Omio will not contact you on WhatsApp for any other purpose other than the purposes of the Study.
If you decide you no longer wish to take part in the study, you can press the ‘Opt-out’ button on WhatsApp in order to unsubscribe from future messages. Doing so before the end of the Timeframe will mean you are no longer a Participant, or entitled to remuneration in accordance with Section 4. If You no longer wish to receive marketing emails from Omio, You can unsubscribe by clicking the link at the end of any Omio marketing email.
Omio Travel GmbH., with its main place of business at Warschauer Platz 12, 10245 Berlin, informs You in accordance with Art. 13 of the GDPR that we process Your personal data for the following purposes.
Name of the processing: Diary study
Responsible party: Omio Travel GmbH, Warschauer Platz 12, 10245 Berlin, Germany
Purpose: analysis of travel experience relating to Omio App, provision of the remuneration
Personal data: Name, phone number and email address
Legal basis: Performance of the contract – Art. 6 (1)(b) of the GDPR, Consent - Art. 6 (1)(a) of the GDPR
Consequences of failure to provide personal data: If You do not provide us with the personal data, You will not be able to participate in the Study.
Retention period: We will store Your personal data for the duration of the Study and for as long as necessary to achieve the purpose of the Study.
Transfer to third parties: Yes, to WhatsApp - see their Privacy Policy.
Data security: Omio uses a variety of technical and organisational methods to protect Your personal data in accordance with applicable laws. To support this obligation, we have taken appropriate technical, physical and organisational measures to ensure a level of security appropriate to the risk.
Your rights: Under the General Data Protection Regulation (GDPR), You are entitled to the following rights in relation to Your personal data:
verify whether and what personal data we hold about You, and to obtain copies of such data,
request the deletion of Your personal data,
object to the processing of Your personal data in certain circumstances,
request data portability,
withdraw consent at any time, and,
lodge a complaint with the data protection supervisory authority responsible for You.
To obtain additional information or to exercise any of Your rights, please submit a request here.
Requests to exercise any of the above rights may be made in writing to: Legal Department, Omio Corp., Warschauer Platz 12, 10245, Berlin.
8. Miscellaneous
8.1 Governing Law and Jurisdiction
This agreement shall be governed by the laws of Germany. The courts of Berlin shall have exclusive jurisdiction.
8.2 Omio reserves the right to suspend or cancel the Diary Study at any time before or during the Study. In case the Study has been cancelled, no benefits or remuneration are owed to any users or Participants in this regard.
8.3 Severability
If any provision in these Terms are held to be invalid, non-binding, or unenforceable, such provision or the part of it that is making it invalid, non-binding or unenforceable, will be struck and not affect the validity of and enforceability of the remaining provisions.