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The use of the Everspring Europe platform is subject to these General Terms of Use (the “Terms of Use”) and the commercial terms of the applicable subscription for the use of the Everspring Europe Platform or certain of its features, as the case may be (the “Subscription Terms”).
1.1 The Everspring Europe Platform may only be used by professional suppliers and (prospective) buyers of chemical products (collectively “Users” and individually a “User”). Non-professional use for private purposes (i.e., private consumers in the sense of applicable law) will not be admitted to the use of the Everspring Europe Platform.
1.2 The Everspring Europe Platform is provided subject to the current state of technology. Availability is subject to interruptions due to maintenance, improvements or security measures, and to unscheduled downtime due to technical problems, external interference with Everspring Europe’ systems and disruption of Internet connectivity. Everspring Europe will reasonably consider the Users’ business interests when scheduling maintenance. Everspring Europe reserves the right to limit or suspend access to the Everspring Europe Platform in its sole discretion and with reasonable consideration of the Users’ business interests if it considers this necessary with a view to maintaining the security, integrity, availability or performance of the Everspring Europe Platform;
2.1 Product listings, catalogue information and general information about Everspring Europe are publicly accessible on the internet through the Everspring Europe website. The range of products which are visible on the Everspring Europe Platform may depend on the type of subscription for the use of the Everspring Europe Platform purchased by a Supplier and/or a Buyer.
2.2 Every product listed on the Everspring Europe Platform requires a product detail page (“Product Detail Page”) to provide all relevant information needed by Buyers to take the purchase decision. The information to be provided by the Supplier on the Product Detail Page includes but is not limited to:
2.3 Everspring Europe reserves the right, but shall not be obliged, to revise, modify, supplement, remove or correct information and data provided by Suppliers for inclusion in the Product Detail Page with a view to achieving a consistent user experience for Buyers and to improve information quality. In such case, Everspring Europe will propose such changes to the Supplier and the Supplier shall be responsible for reviewing.
3.1 The User is solely and fully responsible for any of its communication through the Everspring Europe Platform.
3.2 Any communication between Users or by Everspring Europe to Users shall be deemed received by the respective User upon receipt of such communication through the Everspring Europe messaging function or, if sent by e-mail, upon receipt of such e-mail by such User in the account specified during registration for the Everspring Europe Platform.
3.3 With respect to any communication exchanged between Users over the Everspring Europe Platform, Everspring Europe acts as a messenger (Bote) only and not as representative or agent of either User. None of the Users has authority to act on behalf or in the name of Everspring Europe, nor does Everspring Europe act on behalf or in the name of any User.
3.4 The User consents to the transfer of data and information communicated by such User through the Everspring Europe Platform. Such data and in particular any data or communication relating to a purchase transaction between a Supplier and a Buyer will not be disclosed by Everspring Europe to any third party other than the Supplier and Buyer who are party to such transaction.
3.5. Everspring Europe reserves the right, but shall not be obliged, to view and monitor or otherwise access and to analyze (including by means of artificial intelligence) communication through the Everspring Europe Platform to facilitate negotiations between a Supplier and a Buyer and to improve and extend the functionality of the Everspring Europe Platform.
4.1 The User shall keep the access credentials for the Everspring Europe Platform strictly confidential and shall not share them with any third party, and undertakes to ensure that all of its Authorized Representatives and Administrators comply with this clause as if each of them were itself bound by it.
4.2 The User shall be solely responsible:
(a) for ensuring that any information it provides on the Everspring Europe Platform (including any information on the Product Detail Page) and any information about itself is true, accurate and complete and is kept up to date;
(b) for any activities,that occur on the Everspring Europe Platform under its accounts or passwords;
(c) for ensuring that access credentials for the Everspring Europe Platform are not shared or otherwise made available among Authorized Representatives of one User;
4.3 The User must not use the Everspring Europe Platform:
(a) for any activities or in any manner which is unlawful under any applicable laws of any country, including export control laws and anti-trust laws;
(b) to distribute or transmit (i) unsolicited advertising or promotional material, except with the recipient’s consent, (ii) advertising or promotional material related to products or services not offered on the Everspring Europe Platform, except with the recipient’s consent, (iii) any content that violates any intellectual property or other rights of any third party, (iv) any content which is false, defamatory, obscene, pornographic, indecent, discriminatory, abusive, or otherwise violates any applicable laws, or (v) any harmful or malicious materials including viruses, Trojan horses or worms.
4.4 The User must not do or attempt to do any of the following:
(a) Grant the use of or otherwise disclose its access credentials for the use of the Everspring Europe Platform (i) to any third party or to individuals acting as Authorized Representatives of the respective User in the role as Supplier with respect to access credentials of other individuals acting as Authorized Representatives of the respective User in the role as Buyer, or (ii) to any third party or to individuals acting as Authorized Representatives of the respective User in the role as Buyer with respect to access credentials relating to other individuals acting as Authorized Representatives of the respective User in the role as Supplier;
(b) after an Authorized User was registered in the role as Administrator, also registering such Authorized User as Buyer or Supplier, or permitting such Administrator to register both Buyers and Suppliers (and not only one of these roles);
(c) obtain or recreate any access credentials of any other Users or Authorized Representatives by hacking, password mining or similar means;
(d) block, falsify or otherwise interfere with any information or data communicated by other Users over the Everspring Europe Platform, or use any information provided by other Users outside the Everspring Europe Platform.
(e) take any action or do anything that could impair the security, integrity, availability or performance of the Everspring Europe Platform.
4.5 Without limiting other legal remedies available to Everspring Europe, Everspring Europe may, but shall not be obliged, to (i) limit, restrict, suspend, or terminate User account(s) and access to the Everspring Europe Platform in whole or in relation to individual Authorized Representatives, (ii) remove or otherwise restrict the visibility of product listings of a User, and (iii) take technical and legal steps to keep the User and any or all of its Authorized Representatives from accessing and using the Everspring Europe Platform to protect the integrity, stability and security of the Everspring Europe Platform as well as other Users if Everspring Europe has indication that such User or any of its Authorized Representatives violates its obligations and/or the use restrictions applicable in relation to the Everspring Europe Platform under these Terms of Use, in particular in case of violation.
5.1 Everspring Europe reserves all intellectual property rights in the Everspring Europe Platform and any underlying software, algorithms, databases and content. Except as otherwise expressly provided, no rights in any such intellectual property is transferred or granted to the User beyond the non-exclusive, non-transferable and non-sub-licensable right to access the Everspring Europe Platform during the term of the agreement for use with Everspring Europe, and subject always to these Terms of Use.
5.2 The User may not copy, reproduce, distribute, display, transmit, modify, create derivative works or reverse engineer any portion of the Everspring Europe Platform or any information, data and other content made available by other Users through the Everspring Europe Platform. The User must not use any robots, spiders, crawlers, deep links or any similar technology, devices or manual processes to systematically and/or repeatedly access and collect information made available through the Everspring Europe Platform.
6.1 Everspring Europe processes personal data received from the User in compliance with applicable data protection law.
6.2 The User shall be solely responsible for ensuring that the transfer of personal data of its Authorized Representatives, Administrators, employees or other individuals to Everspring Europe and the processing of such data by Everspring Europe (as specified in the Everspring Europe data protection information) complies with applicable data protection law, in particular that any required consent has been validly obtained.
7.1 Either party shall treat as strictly confidential and not disclose, enable access to or use any information, data, documents or materials in any form
(whether written, electronic, graphic, visual, oral or otherwise) and any copies of the foregoing that are provided by either party to the other or which otherwise become accessible or known to a party, including any such materials provided by other Users and including in particular any communication in connection with the negotiation and conclusion of purchase transactions on the Everspring Europe platform (including any requests, proposals, quotes or offers exchanged between a Supplier and a Buyer (in each case, “Confidential Information”).
7.2 Confidential Information shall however not include any information which (i) is in the public domain, (ii) subsequently enters into the public domain, except through disclosure by a party in breach of any undertaking under these Terms of Use; or (iii) is or becomes available to either party from a third party, provided that such third party is not in breach of any confidentiality obligation in relation to such information.
7.3 The disclosure or use is required by law or any regulatory body, provided that, to the extent legally permitted, the party so required to disclose Confidential Information shall notify the other party without undue delay and reasonably cooperate with the other party in the defence of such request and/or to obtain assurances as to confidentiality from such body;
(a) any products offered or information, data, content or other material provided or communicated by any User, including if Everspring Europe modified, supplemented, removed, corrected. Everspring Europe does not endorse and is not obliged to verify any such materials;
(c) any suspension, changes to the Everspring Europe Platform or other action taken by Everspring Europe in accordance with these Terms of Use;
9.1 Everspring Europe reserves the right to amend these Terms of Use from time to time in particular to reflect changing regulatory or legal requirements, further development of the Everspring Europe Platform or of its business model or for other operational and business reasons.
We do not sell, rent or lease your personal information to others except as described in this privacy notice. We share your information with selected recipients. These categories of recipients include:
The data that you made available to us on the basis of a consent or for advertising purposes is not required by law or contract or necessary for the conclusion of a contract. You are not obliged to provide the data. If you do not wish to provide the data, this will have no negative consequences for you.
The information that we collect from you will be mainly transferred to, and stored at/processed in the European Union. We will take all steps reasonably necessary to ensure that your personal data is treated securely and in accordance with this privacy notice. For the processing of your data, we also use service providers located in third countries outside the European Union.
Countries outside the European Union handle the protection of personal data differently than countries within the European Union. There is currently no decision by the EU Commission that these third countries generally provide an adequate level of protection. With service providers in third countries, we at least conclude the data protection contract (standard data protection clauses)provided by the Commission of the European Union.
The transmission of information via the internet or email is not completely secure. Although we will do our best to protect your personal data, we cannot guarantee the security of your information transmitted through the Platform or via email; any transmission is at your own risk. Once we have received your information, we will take appropriate technical and organisational measures to safe guard your personal data against loss, theft and unauthorised use, access or modification.
The Platform may include links to websites of other users of the Platform or third parties. If you follow a link to any of these websites, these websites will have their own privacy policies and we do not accept any responsibility or liability for these policies. Please check these policies before you submit any information to those websites.
In certain circumstances, you have the right to ask us to delete the personal data we hold about you:
Any changes we will make to this privacy notice in the future will be posted on his page. Please check back frequently to see any updates or changes to this privacy notice.
Everspring Europe Sprl Privacy Notice
Last updated: January 12th, 2022
1. Introduction
Everspring Europe platform and website is operated by
Rue Rodenbach 125
1190 Brussels
Belgium
Internet: www.everspringchem.com
(“we”, “our”, “us”). We are committed to protecting and respecting your privacy. For the purpose of the General Data Protection Regulation (“GDPR”), we are the data controller.
This privacy notice sets out the basis on which we will process any personal data or usage information we collect from you, or that you provide to us, in connection with your access to and use of the Everspring Europe platform through our website at www.everspringchem.com (“Platform”) in your function as authorized representative of your company which is a user of the Platform. We will only process your personal data in compliance with the GDPR and the Belgian Data Protection Authority (DPA) . Please read this privacy notice carefully so that you understand your rights in relation to your personal data, and how we will collect, use and process your personal data. If you do not agree with this privacy notice in general or any part of it, you should not access the Platform.
2. What types of information do we collect and for which purposes do we use it?
a) Information you give us.
If you want to participate in the offer of our platform, you have to register first. We collect the following data based on the law of the Belgian Data Protection Authority (DPA)
User data:
Company data:
We use data you provide to us in the course of registration or your inquiries to
You can change or delete your profile at any time within the account. The data will then be automatically removed from our system after 4 weeks , provided that there are no retention periods or the data is not required in individual cases (e.g. in the case of open claims for the collection of receivables).
Information concerning you may be provided by your company in the context of your registration as an authorized representative of your company in relation to the use of the Platform. You may provide information by contacting us via the Platform, by email, telephone, communication channels within the Platform, or otherwise.
Legal basis for this data processing is our legitimate interest according to the law of the Belgian Data Protection Authority (DPA) to operate and ensure the proper functioning of the Platform, we will use your information to:
b) Data processing during the use of Platform features
The Everspring Europe Platform offers functions to search for a product and request companies of the product. Those include the e-mail of the contact person of the company with which the agreement was concluded.
If you send us an inquiry through the our platform, we may also depending on your request, refer to other secure communication channels that guarantee confidentiality.
Please be aware that the platform provider may use your profile and behavioural data to evaluate, among other things, your habits, personal relationships and preferences. We have no influence on the processing of your data by the platform provider.
Further information on the data processing conducted by the platform provider, including information concerning your rights as a user, can be found in the provider's data protection policy and, where relevant, the joint controller addendum:
c) Technical usage information
d) Use of Cookies
On our website, we use cookies which are necessary in order for the site to function. Cookies are small text files that can be placed on your computer or mobile device by websites that you visit.
A distinction is made between session cookies, which are deleted as soon as you close your browser, and permanent cookies, which are stored beyond the individual session. We do not use these necessary cookies for analysis, tracking or advertising purposes.
In some cases, these cookies only contain information on certain settings and cannot be linked to a person. They may also be necessary to enable user guidance, security and implementation of the site.
You can set your browser to inform you about the placement of cookies. This is in order to make the use of cookies transparent for you. You can also delete cookies or prevent the setting of new cookies at any time by using the appropriate browser settings. Please note that if you delete certain cookies, our web pages may not be displayed correctly, and some functions may no longer be available.
