Definitions Customer: any professional or capable natural person or any legal entity that accesses the Website which is the subject of these terms and conditions. Services: www.iziplug.com provides customers with assistance in business development, in particular internationally, in licensing in & out, product research, project coordination, international development, alliance management and translation (French, English, Portuguese). Content: All elements that make up the information present on the Website, including texts, images videos. Customer information: Hereinafter referred to as “Information”: all personal data that may be held by www.iziplug.com for account management, for customer relationship management and for analysis and statistical purposes. User: Internet user who connects to and uses the Website. Personal information: Any information, of any nature and in any form whatsoever, relative to an identified or identifiable individual, according to the definition in Article 3 of Portuguese law no. 67/98 of October 26, 1998. The terms “personal data”, “data subject”, “processor” and “sensitive data” have the meaning defined by the General Data Protection Regulation (GDPR: Regulation (EU) 2016/679).
1. Presentation of the Website. Users of the Website www.iziplug.com are informed of the identity of the various parties involved in the creation and operation of the Website: Owner: Iziplug – Consultoria e Serviços, Lda – Av. da República, n.º 56 – 1.º Esq. 1050-196 Lisboa, Portugal Publication manager: [email protected] Webmaster: [email protected] Host: Webmasterstudio – 67 avenue du Général Leclerc 54000 Nancy, France – 0383502764 Data protection officer: [email protected]
2. General Conditions of Use of the Website and the Services Offered. The Website constitutes an intellectual work protected by the provisions of the Portuguese Code of Copyright and related rights (Código do Direito de Autor e dos Direitos Conexos) and applicable international regulations. The Customer may not in any way reuse, assign or exploit for their own account, all or part of the Content or works of the Website. Use of the www.iziplug.com Website implies full acceptance of the General Conditions of Use, as described below. These Conditions of Use may be modified or supplemented at any time, and Users of the www.iziplug.com Website are therefore advised to check them regularly. This Website is normally accessible to users at all times. However, www.iziplug.com may decide to interrupt the Website for technical maintenance purposes, in which case it will endeavour to inform users in advance of the dates and times of such intervention. The www.iziplug.com Website is regularly updated by the Publication manager. Similarly, the legal notices may be modified at any time; they are nevertheless binding on the user, who is invited to consult them as often as possible in order to be aware of them.
3. Description of services offered. The purpose of the www.iziplug.com Website is to provide information regarding all of the company’s activities. www.iziplug.com strives to provide information on the www.iziplug.com Website that is as accurate as possible. However, it cannot be held responsible for any omissions, inaccuracies or failure to update information, whether due to its own fault or that of third-party partners who provide such information. All information on the www.iziplug.com Website is provided for guidance only, and is subject to change. Furthermore, the information provided on the www.iziplug.com Website is not exhaustive. It is subject to modifications that may have been made since it was put online.
4. Contractual limitations on technical data. The Website uses JavaScript technology. The Website cannot be held responsible for any material damage arising from use of the Website. In addition, the User undertakes to access the site using recent, virus-free equipment and with a current and up-to-date browser. The www.iziplug.com Website is hosted by a service provider in the European Union in accordance with the provisions of the General Data Protection Regulation (GDPR: Regulation (EU) 2016/679). The aim is to provide a service that guarantees the highest level of accessibility. The Host ensures the continuity of its service 24 hours a day, every day of the year. It nevertheless reserves the right to interrupt the hosting service for the shortest possible period of time, in particular for maintenance purposes, to improve its infrastructures, in the event of an infrastructure failure, or if the Services generate traffic deemed to be abnormal. www.iziplug.com and the Host may not be held liable in the event of malfunction of the Internet network, telephone lines or computer and telephony equipment, in particular due to network congestion preventing access to the server.
5. Intellectual property and counterfeiting. www.iziplug.com is the owner of the intellectual property rights and holds the rights of use for all the elements accessible on the website, including texts, images, graphics, logos, videos, icons and sounds. Any reproduction, representation, modification, publication, adaptation of all or part of the elements of the Website, whatever the means or process used, is prohibited without prior written authorisation of www.iziplug.com. Any unauthorised use of the site or of any of the elements it contains will be considered an infringement of intellectual property and will be prosecuted in accordance with the provisions of Portuguese Code of Copyright and related rights.
6. Limitation of liability. www.iziplug.com acts as the publisher of the site. www.iziplug.com is responsible for the quality and accuracy of the Content it publishes. www.iziplug.com may not be held liable for direct or indirect damage caused to the user’s equipment when accessing the www.iziplug.com Website, and resulting either from the use of equipment that does not meet the specifications indicated in point 4, or from the presence of a bug or incompatibility. Nor can www.iziplug.com be held liable for indirect damage (such as loss of market or loss of opportunity) resulting from the use of the www.iziplug.com Website. Interactive areas (namely the ability to ask questions in the “contact” area) are available to the User. www.iziplug.com reserves the right to remove, without prior notice, any posted content that violates applicable Portuguese law, including with respect to data protection. Where applicable, www.iziplug.com also reserves the right to hold the user civilly and/or criminally liable, particularly in the case of messages of a racist, insulting, defamatory or pornographic nature, in any medium, including text, photographs, etc.
7. Management of personal data. The Customer is informed of the regulations relating to marketing communications, as well as the General Data Protection Regulation (GDPR: Regulation (EU) 2016/679).
7.1 Persons responsible for collecting Personal Data For Personal Data collected as part of the creation of the User’s personal account and the User’s browsing on the Website, the person responsible for processing Personal Data is Iziplug lda. represented by its legal representative As the party responsible for processing the data it collects, www.iziplug.com undertakes to comply with the legal provisions in force. In particular, it is www.iziplug.com’s responsibility to establish the purposes of its data processing, to provide its Customers potential Customers with full information on the processing of their personal data, starting with the collection of their consent, and to keep a register of processing operations that accurately reflects reality. Whenever www.iziplug.com processes Personal Data, it takes all reasonable steps to ensure the accuracy and relevance of the Personal Data with regard to the purposes for which www.iziplug.com processes them.
7.2 Purpose of data collected www.iziplug.com may process some or all of the data in order to: • allow browsing on the Website and to manage and track the services requested by the user: Website connection and use data, invoicing, order history, etc. • prevent and combat computer fraud (spamming, hacking, etc.): hardware used for browsing, IP address, password (hashed), etc. • improve Website navigation: connection and use data • carry out optional satisfaction surveys on www.iziplug.com: e-mail address • carry out communication campaigns (SMS, e-mail): telephone number, e-mail address. www.iziplug.com will not sell your personal data, and will only use it for statistical and analysis purposes.
7.3 Right of access, rectification and opposition In accordance with applicable European regulations, Users of www.iziplug.com have the following rights: • right of access (GDPR Article 15); right to rectification (GDPR Article 16), updating, completing of the User’s data; right to blocking or erasure of the User’s personal data (GDPR Article 17), when it is inaccurate, incomplete, equivocal, out of date, or when its collection, use, communication or storage is prohibited • right to withdraw consent at any time (GDPR Article 13, Paragraph 2 (c)) • right to restriction of processing of the User’s data (GDPR Article 18) • right to object to the processing of the User’s data (GDPR Article 21) • right to portability of data provided by the User, where such data is subject to automated processing based on their consent or on a contract (GDPR Article 20) • the right to determine the fate of Users’ data after their death and to choose to whom www.iziplug.com should (or should not) communicate their data to a third party that they have previously designated. As soon as www.iziplug.com becomes aware of a User’s death, and in the absence of any instructions from the User, www.iziplug.com undertakes to destroy the User’s data, unless its retention is necessary for evidential purposes or to meet a legal obligation. If the User wishes to know how www.iziplug.com uses their Personal Data, to ask for their rectification or to object to their processing, the User may contact www.iziplug.com in writing at the following address: Iziplug – Consultoria e Serviços, Lda, Av. da República, n.º 56 – 1.º Esq. 1050-196 Lisboa, Portugal In this case, the User must indicate the Personal Data they would like www.iziplug.com to correct, update or delete, identifying themself precisely with a copy of an identity document (ID card or passport). Requests for the deletion of Personal Data will be subject to the obligations imposed on www.iziplug.com by law, in particular as regards the retention or archiving of documents. Finally, Users of www.iziplug.com may lodge a complaint with the supervisory authorities, in particular the Portuguese CNPD (https://www.cnpd.pt/cidadaos/participacoes/).
7.4 Non-disclosure of Personal Data www.iziplug.com undertakes not to process, host or transfer Information collected about its Customers to a country located outside the European Union or recognised by the European Commission as “not adequate” without informing the Customer in advance. Nevertheless, www.iziplug.com remains free to choose its technical and commercial subcontractors, provided that they offer sufficient guarantees with regard to the requirements of the General Data Protection Regulation (GDPR: Regulation (EU) 2016/679). www.iziplug.com undertakes to take all necessary precautions to preserve the security of the Information, and in particular to ensure that it is not disclosed to unauthorised persons. However, if www.iziplug.com becomes aware of an incident affecting the integrity or confidentiality of the Customer’s Information, it will inform the Customer as soon as possible, including regarding the corrective measures taken. www.iziplug.com does not collect any “sensitive data”. The User’s Personal Data may be processed by subsidiaries and subcontractors (service providers) ofwww.iziplug.com, exclusively in order to achieve the purposes of the present policy. Within the limits of their respective responsibilities and for the purposes mentioned above, the main persons likely to have access to www.iziplug.com User data are our customer service representatives.
7.5 Types of data collected For Users of the www.iziplug.com website, we collect the following data, which is essential for the operation of the service, and which will be kept for a maximum period of 9 months after the end of the contractual relationship: Name, first name, e-mail address, message www.iziplug.com also collects information that enables us to improve the user experience and offer contextualised advice: Web consultation statistics This data is kept for a maximum period of 9 months after the end of the contractual relationship. 8. Incident notification Despite our best efforts, no method of transmission over the Internet and no method of electronic storage is completely secure. We therefore cannot guarantee absolute security. Should we become aware of a security breach, we will notify the affected Users so that they can take appropriate action. Our incident notification procedures take into account our legal obligations, whether at national or European level. We are committed to keeping our Customers fully informed of all matters relating to the security of their account, and to providing them with all the information necessary to assist them in complying with their own regulatory reporting obligations. No Personal Information about Users of the www.iziplug.com website is published without the User’s knowledge, exchanged, transferred, ceded or sold on any medium whatsoever to third parties. Only the case of a repurchase of www.iziplug.com and its rights would allow the transmission of the said information to the eventual purchaser, who would in turn be bound by the same obligation to preserve and modify the data with respect to the User of the www.iziplug.com Website.
Security In order to guarantee the security and confidentiality of Personal Data, www.iziplug.com uses networks protected by standard devices such as firewalls, pseudonymisation, encryption and passwords. When processing Personal Data, www.iziplug.com takes all reasonable steps to protect it from loss, misuse, unauthorised access, disclosure, alteration or destruction.
9. Hypertext links, Cookies and Web Beacons The www.iziplug.com Website contains a number of hypertext links to other sites, set up with the authorisation of www.iziplug.com. However, www.iziplug.com is not in a position to check the content of sites visited in this way, and therefore accepts no liability in this respect. Unless you decide to disable Cookies, you accept that the site may use them. You may deactivate these Cookies at any time, free of charge, using the deactivation options provided, as indicated below, although this may reduce or prevent access to all or part of the Services offered by the site.
9.1. COOKIES A “cookie” is a small data file sent to the User’s browser and stored on the User’s terminal (e.g. computer, smartphone), (hereinafter “Cookies”). This file contains information such as the User’s domain name, the User’s Internet service provider, the User’s operating system, and the date and time of access. Cookies are in no way likely to damage the User’s terminal. www.iziplug.com may process information concerning the User’s visit to the Website, such as the pages consulted and the searches carried out. This information enables www.iziplug.com to improve the Content of the Website and the User’s browsing experience. Cookies facilitate browsing and/or the provision of services offered by the Website, and the User may configure their browser to allow them to decide whether or not to accept Cookies, so that Cookies are stored in the terminal or, on the contrary, are rejected, either systematically, or depending on the sender. The User may also configure their browser software so that acceptance or rejection of Cookies is proposed from time to time, before a Cookie is likely to be recorded in their terminal. www.iziplug.com informs the User that, in this case, not all the functions of their browser software may be available. If the User refuses to accept Cookies on their terminal or browser, or if the User deletes Cookies stored on their terminal or browser, the User is informed that their browsing and experience on the Website may be limited. This may also be the case if, for technical compatibility purposes, www.iziplug.com or one of its service providers cannot recognise the type of browser used by the terminal, the language and display settings or the country from which the terminal appears to be connected to the Internet. As the case may be, www.iziplug.com declines all responsibility for the consequences linked to the degraded operation of the Website and any services offered by www.iziplug.com, resulting from (i) the refusal of Cookies by the User (ii) the impossibility for www.iziplug.com to record or consult the Cookies necessary for their operation due to the User’s choice. To manage Cookies and User choices, the configuration of each browser is different. It is described in the browser’s help menu, which will indicate how the User can modify their preferences regarding Cookies. The User may at any time choose to express and modify their wishes with regard to Cookies. www.iziplug.com may also call on external service providers to help it collect and process the information described in this section. Finally, by clicking on the icons dedicated to the Twitter, Facebook, LinkedIn and Google Plus social networks that may appear on the www.iziplug.com Website or in its mobile application, if any, and if the User has accepted the placement of cookies by continuing to navigate on the www.iziplug.com Website or mobile application, if any, Twitter, Facebook, LinkedIn and Google Plus may also deposit cookies on the User’s terminals (computer, tablet, cell phone). These types of cookies are deposited on the User’s terminals only if they consent to them, by continuing their browsing on the www.iziplug.com Website or mobile application, if any. However, the User may at any time withdraw their consent to www.iziplug.com installing this type of cookie.
9.2. WEB BEACONS www.iziplug.com may occasionally use Web beacons (also known as Internet tags, page tags, action tags, single-pixel GIFs, clear GIFs, invisible GIFs, one-by-one GIFs) and deploy them via a partner specializing in web analytics who may be located (and therefore store the corresponding information, including the User’s IP address) in a foreign country. These beacons are placed both in the online advertisements that allow Internet users to access the Website, and on the various pages of the Website. This technology enables www.iziplug.com to evaluate visitors’ responses to the Website and the effectiveness of its actions (for instance, the number of times a page is opened and the information consulted), as well as the User’s use of the Website. The external service provider may collect information on visitors to the Website and other Internet sites using these beacons, compile reports on Website activity for www.iziplug.com, and provide other services relating to the use of the Website and the Internet. 10. Applicable law and jurisdiction. Any dispute arising in connection with the use of the www.iziplug.com website shall be governed by Portuguese law. Except in cases where the law does not allow it, the competent courts shall have exclusive jurisdiction.