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Privacy policy & Terms of Service

Current version is effective as of Sept. 1^st, 2023

This document holds the Privacy Policy and Terms of Service information for the website “vETS LAB platform” (also referred to as “vETS LAB laboratory”, “vETS LAB open space”, “vETS LAB online space”, “Platform”).

Please note that in order you may enjoy our vETs LAB platform, it is necessary for us to process your personal data so that, by registering on the platform, you declare that you have been informed of the privacy conditions and you authorise us to collect your data in accordance with the purposes that we indicate below, otherwise we will not be able to provide you the Services offered on vETs LAB platform.

In the Privacy Policy section, the document that governs the privacy of the website “vETs LAB platform”, we inform you about the most important aspects of data processing within the vETs LAB platform.

This Privacy Policy doesn’t apply to:

·       The information practices of other companies and organisations that may advertise our services

·       Services offered by other companies or individuals, including products or sites they offer that may include vETS LAB platform contents to which the policy applies, or products or sites displayed to you in search results, or linked from our services (including the vETS LAB project website where you can find the link to the vETS LAB platform).

Not reading this document does not limit any rights or obligations you and/ or the vETS LAB platform provider and/ or consortium have according to the present document.

 

The content of this platform is produced under the vETs LAB project (full title: Virtual Education Through Sport Laboratory, project n° 101050313), which has received support from the European Commission under the ERASMUS-SPORT-2021-SCP funding programme. This publication reflects the views only of the authors, and the Commission cannot be held responsible for any use which may be made of the information contained therein.

 

Privacy Policy

INTRODUCTION

We (“vETS LAB consortium”,”vETS LAB partners”, “vETS LAB partnership”, “we”, “our” or “us”) are concerned about your privacy and want you to be familiar with how we collect, use and disclose your information. This Privacy Policy explains our online information practices applicable to the websites available under the domain name “platform.virtualsporteducationlab.eu/” (the “Site”) and certain vETS LAB online contents and services “vETS LAB platform” (also referred to as “vETS LAB laboratory”, “vETS LAB open space”, “vETS LAB online space”, “Platform” or “Services”). We will only collect, use and disclose your information in accordance with this Privacy Policy.

This Privacy Policy is incorporated into and forms part of our Terms of Service which outline the terms and conditions you agree to when accessing and using the Platform and its Services. By providing Personal Information to us or by using our Platform or Services, you agree and consent to the collection, use and disclosure of your information as outlined in this Privacy Policy. We may revise this Privacy Policy at any time by updating this posting or otherwise providing notice to you. Use of the Platform or Services after such revisions are posted will signify your agreement to the revised Privacy Policy. You should visit this page periodically to review this Privacy Policy. Your continued use of the Platform and Services following the posting of any changes to this Privacy Policy means you accept such changes.

WHAT INFORMATION DO WE COLLECT?

Personal Information: We consider “Personal Information” to mean any information that specifically identifies an individual (e.g. name, title, address).  You are required to register and provide the following Personal Information in order to browse our Platform: Username, first and surname, e-Mail-Address, Country.

We do not collect Personal Information unless you submit that information to us through the Platform, such as when you choose to create an account, or otherwise provide information directly to us (e.g. by e-mail).

Cookies and Other Tracking Technologies. We may use cookie technology, web beacons and other similar technologies on or with the Platform or Services to enhance functionality and navigation for our users. Information tracked through these mechanisms includes, but is not limited to: (i) user IP address; (ii) the type of web browser and operating system being used; (iii) the pages of the website a user visits; (iv) other websites a user visited before visiting the Platform or Services; and (v) session information.

Cookies that we use in association with the Sites or Services do not knowingly collect or contain your Personal Information. However, some of the information we collect may include data, such as IP address data or the identifiers associated with your device that are unique to your device and may be considered “personal data” under certain jurisdictions.

Internet tags, graphic tags, and similar web beacon type functions allow us to count the number of users who have visited a particular web page or to access certain cookies. We may use web beacons on or with the Platform or Services to count users and to recognise users by accessing our cookies. Being able to access our cookies allows us to personalise the Platform and Services and improve your experience with the Platform and Services. We may also include web beacons in HTML-formatted e-mail messages that we send to determine which e-mail messages were opened. Like cookies, the web beacons used by us in association with the Platform and Services do not knowingly collect or contain your Personal Information.

Please be advised that certain third parties that are beyond the scope of this Privacy Policy may collect information in connection with our Platform and Services. We are not responsible for the acts or omissions of such third parties. For example, we use Google Analytics to understand how visitors interact with our Sites. The type of information Google collects include pages visited, videos viewed, etc. This information helps us learn things like what pages are most attractive to our visitors, which of our contents most interest our Users, and what kinds of offers our Users like to see. For more information, learn how Google uses data when you visit their partners’ sites or apps. You can opt out of Google Analytics on most browsers through the mechanisms made available by Google here: https://tools.google.com/dlpage/gaoptout.

If you wish to disable cookies, refer to your web browser instruction manual or help facilities. Please note that if you disable cookies, you may be unable to access some of the features of our Platform or Services.

Clickstream Data. As you use the Internet, a trail of electronic information is left at each website you visit. This information, which is sometimes referred to as “clickstream data,” can be collected and stored by a website’s server. Clickstream data can tell us the type of device and browsing software you use and the address of the website from which you linked to our Platform and Services. We may collect and use clickstream data to determine how much time visitors spend on our Platform and Services, how visitors navigate through our Platform and Services and how we may tailor our Platform and Services to better meet consumer needs. This information will be used to improve our Platform and Services. Any collection or use of clickstream data will not knowingly collect or contain your Personal Information.

Personal data is processed in accordance with the applicable legal provisions, in particular the EU General Data Protection Regulation and the (Austrian) Data Protection Act and according to the principles of fairness, lawfulness, and transparency.

The availability, management, access, storage, and usability of data is guaranteed by the adoption of technical and organisational measures to ensure appropriate levels of security pursuant to Articles 25 and 32 of the GDPR, as well as, in relation to the specific processing purposes identified by the applicable legislation. The processing is carried out by persons duly authorised and instructed by the Data Controller and in compliance with the provisions of art. 29 GDPR.

 

CONSENT

Unless permitted by law, we will not collect, use or disclose your information for any purpose without first obtaining your consent. However, we may seek consent to use and disclose Personal Information after it has been collected in those cases where we wish to use the Personal Information for a new or different purpose.

BY PROVIDING PERSONAL INFORMATION TO US, YOU AGREE AND CONSENT THAT WE MAY COLLECT, USE AND DISCLOSE SUCH PERSONAL INFORMATION IN ACCORDANCE WITH THIS PRIVACY POLICY.

In most cases, and subject to legal and contractual restrictions, you are free to refuse or withdraw your consent at any time upon reasonable advance notice. It should be noted that there may be certain portions of the Platform or Services that will only be made available to you if you provide specific Personal Information to us. Consequently, if you choose not to provide us with any required Personal Information or withdraw any consent that you have provided, we may not be able to make available to you such portions of the Platform or Services. We will endeavour to inform you of the consequences of any such refusal or withdrawal of consent.

 

WHY WE MAY COLLECT INFORMATION

We may collect Personal Information from you when you voluntarily provide it to us in order to: provide the Platform and Services to you and other persons in accordance with your settings in the Platform and Services; improve the Platform and Services; provide you with information relating to the Platform and Services, including, without limitation, products, services, and contests; provide you with support in respect of the Platform and Services; conduct surveys and customer research; meet legal and regulatory requirements; to respond to your direct inquiries; enable our service providers who work on behalf of us, including to provide our Platform and Services; or such other purposes consistent with the foregoing purposes.

We may also collect information about you automatically and indirectly through the use of our cookies and other tracking technologies. We use this information to help us maintain and enhance the efficiency and usefulness of the Platform and Services and may use it and other non-Personal Information for the purposes described in this Privacy Policy, such as to serve interest-based recommendations to you (like on new contents). For more information on cookies and tracking technologies, please see the sections entitled “Cookies and Other Tracking Technologies” and “Clickstream Data” above.

HOW WE COLLECT AND USE INFORMATION

We only collect, use and disclose your information as described in this Privacy Policy and for other purposes that would be considered reasonable in the circumstances and we only use fair and lawful methods to collect your information. For example, we may collect Personal Information when you: fill in forms, register or configure accounts or services (including third party services available through the Platform or Services) participate in surveys, tests, or assessments; submit content or communications, including, through forums, blogs, chatrooms, messaging services, personal web pages or other services available through the Platform or Services (including third party services); select content, navigate the Platform or Services, or otherwise interact with the Platform or Services (including third party services); or otherwise participate in the Platform or Services (including third party services).

Our use of your information is limited to the purposes described in this Privacy Policy, or as otherwise consented by you, and we will not otherwise sell, trade, barter, exchange or disclose for consideration any of your Personal Information that we have collected.

WHEN WE MAY DISCLOSE YOUR INFORMATION

We may disclose your information:

1. to individuals or organisations who are involved in:

• providing the Platform or Services;
• providing vETS LAB with products and services (e.g., the Learning Management System Moodle and its services used for vETS LAB);
• maintaining, reviewing or developing our business systems, procedures or infrastructure, including, without limitation, testing or upgrading of our computer systems;
• a transfer of all or part of the assets of vETS LAB;
• reporting towards the funding body of the vETS LAB project; or

for any other purpose to which you consent.

Where we disclose your information to individuals or organisations as stated above, we will endeavour to require those individuals and organisations to collect, use and disclose your information in accordance with this Privacy Policy.

Please note that there are circumstances where the use and/or disclosure of your information may be justified or permitted or where we are obliged to disclose your information without consent. Such circumstances may include:

1. where required by law or by order or requirement of a court, administrative or law enforcement agency or governmental entity;
2. where we believe, upon reasonable grounds, that it is necessary to protect the rights, privacy, safety or property of vETS LAB partners, or its staff, affiliates, users or other third parties;
3. where required to identify, contact, communicate or take action against an individual who is suspected of violating the Terms of Service; or
4. where the information is publicly available.

Where obliged or permitted to disclose your Personal Information without consent, we will disclose no more Personal Information than is reasonably required. In addition, and subject to legal and contractual restrictions, aggregate and/or anonymiaed information may be shared with any number of parties, provided that such information shall not specifically identify you.

THE ACCURACY AND RETENTION OF PERSONAL INFORMATION

We endeavour to ensure that any Personal Information in our possession is as accurate, current and complete as necessary for the purposes for which we use and/or disclose such Personal Information. If we become aware that your Personal Information in our possession is inaccurate, out-of-date or incomplete, we will endeavour to revise such Personal Information accordingly.

We will retain your Personal Information only for so long as it is required for the purposes it was collected or to comply with applicable laws. This period may extend beyond the end of your relationship with us, but it will be only for so long as it is reasonably necessary for us to have sufficient information to respond to any issues that may arise after the end of your relationship with us or as required by applicable laws. When your Personal Information is no longer required, we will destroy, delete or convert it into an anonymous form.

PROTECTION OF PERSONAL INFORMATION

We endeavour to maintain appropriate physical, procedural and technical safeguards with respect to our offices and information storage facilities in order to prevent any loss, misuse, or unauthorised access, disclosure, or modification of Personal Information.

We further protect Personal Information by restricting access to Personal Information to those employees, contractors, advisers, affiliates and service providers that the management of vETS LAB has determined reasonably require access to such information for any of the purposes stated in this Privacy Policy.

Despite these efforts, please note that no data transmission or storage efforts can be guaranteed to be 100% secure. As a result, we cannot guarantee or warrant the security of any information you disclose or transmit to us.

PLEASE NOTE: Some or all of your Personal Information that we collect may be stored or processed on servers located in the United States of America and in other areas outside your jurisdiction of residence, whose data protection laws may differ from the jurisdiction in which you live. As a result, this information may be subject to disclosure to governments, courts, or law enforcement agencies in those jurisdictions according to the laws in those jurisdictions and without notice to us or you. Subject to applicable laws in such other jurisdictions, we will use reasonable efforts to ensure that appropriate protections are in place to require the data processor in that jurisdiction to maintain protections of your Personal Information that are equivalent to those that apply in the jurisdictions in which you live.

ACCESS, CORRECTION, AND DELETION OF YOUR PERSONAL INFORMATION

We will permit you to access to, correct, and have deleted your Personal Information as reasonably requested by you, and will endeavour to provide such access, or have your information corrected or deleted (as the case may be) within a reasonable period, generally no later than 30 days following the request.

Subject to applicable law, we reserve the right to refuse to apply requested changes to your Personal Information if we reasonably believe that such changes are inaccurate, out-of-date, or incomplete.

Subject to applicable law, we reserve the right to refuse to provide access to Personal Information where the Personal Information requested:

1. would disclose: (i) Personal Information (including, without limitation, opinions) about another individual or about a deceased individual; or (ii) trade secrets or other confidential information that may harm vETS LAB consortium, or its staff, licensors, affiliates, users or a third party;
2. would interfere with contractual or other negotiations of vETS LAB, or its staff, licensors, affiliates, users or another third party;
3. is subject to attorney-client, litigation or other legal privilege;
4. is not readily retrievable and the burden or cost of retrieving such Personal Information would be disproportionate to the nature or value of such Personal Information;
5. does not exist, is not held, or cannot be located by us;
6. could reasonably result in (i) serious harm to the treatment or recovery of the individual concerned, (ii) serious emotional harm to the individual concerned or another individual, or (iii) serious bodily harm to another individual;
7. may harm or interfere with law enforcement activities or other investigative or regulatory functions of a body authorized by law to perform such functions; or
8. is requested to be withheld by law or by order or requirement of a court, administrative or law enforcement agency or governmental entity.

Subject to applicable law, we reserve the right to refuse to delete your Personal Information. For example, we may deny your deletion request if retaining the information is necessary for us or our service provider(s) to detect security incidents and protect against fraudulent or illegal activity.

Where we refuse to correct, provide access to, or delete Personal Information requested by you, we will inform you as to the reasons for our refusal. To guard against fraudulent requests for access, correction, or deletion we may require additional information to allow us to confirm that the individual making the request is authorised to do so before granting access, making corrections to, or deleting such Personal Information.

We will not charge you for accessing, correcting, or deleting your Personal Information, however, to the extent permitted by applicable law, we may charge you a fee if you request a copy of any records containing your Personal Information, or if your request is excessive or manifestly unfounded. To request access to, correction or deletion of your Personal Information, please contact our site administrator as shown on the Platform.

WHAT OPT-OUT RIGHTS DO I HAVE?

Email messages from us –Please note that we may send you important administrative messages relating to the Platform and/or Services as long as your account is activated.

Cookies – If you want to stop or restrict the placement of cookies or flush any cookies that may already be on your computer or device, please refer to and adjust your web browser preferences. Further information on cookies is available at www.allaboutcookies.org. By deleting cookies or disabling future cookies you may not be able to access certain areas or features of our Platform or some of its functionality may be affected.

THIRD PARTY WEBSITES AND SERVICES

The Platform or Services may provide access to websites or services owned and operated by third parties. These third-party websites and services may have their own privacy policies and are not governed by this Privacy Policy. We are not responsible for the privacy practices or the content of any third party websites or services. Third party websites and services may collect, use and disclose Personal Information differently than us, so we encourage you to carefully read and review the privacy policy for each third party website and service that you access or use.

USER COMMUNICATIONS

The Platform or Services may provide features that permit you to share information with other persons (for example, chat rooms, message boards, forums, messages and other user communications). You should be aware that when you voluntarily disclose your Personal Information using any of these features, your Personal Information may be collected, used or disclosed by such persons without restriction. This may result in unsolicited messages from third parties, identity theft and other harm to you. Any Personal Information that you disclose to such persons is entirely at your own risk. We assume no responsibility or liability as to any harm that you may suffer as a result of such activities.

SERVICE PROVIDER ATTESTATION

To the extent applicable, the parties will comply with the Austrian laws.  You agree that you are a human being and shall make all required disclosures about the Platform and perform all required obligations in connection therewith.  We shall be a Service Provider (as defined in this agreement) and certify that we shall not retain, use, or disclose Personal Information (as defined in this document) owned by you for any purpose other than for the specific purpose of providing the Platform and as otherwise permitted by this agreement.

GENERAL DATA PROTECTION REGULATION (“GDPR”)

We are committed to protecting our Platform User’s data in compliance with GDPR. If you are situated in the European Union or European Economic Community, this section applies to our collection, use and disclosure of your personal data (as defined under the GDPR) and describes additional rights you have under applicable law. If you have any complaints regarding our privacy practices, you have the right to make a complaint at any time to your local supervisory authority. We would, however, appreciate the chance to deal with your concerns before you approach your supervisory authority so please contact us in the first instance. Furthermore, in addition to your right to withdraw consent, and the rights to access, correction, and deletion as set forth in this Privacy Policy, you also have the right (subject to applicable law) to object to and/or request restriction of the processing of your personal data, and to obtain a copy of your personal data. If you would like to exercise any of your rights under GDPR, you can contact our site administrator at the address provided on the Platform. Please note that in order for you to assert these rights, we may need to verify your identity to confirm your right to access your personal data.  This is a security measure to ensure that personal data is not disclosed to any person who has no right to receive it. In order to verify your identity, we may need to gather more personal data from you than we currently have.

INFORMATION RELATING TO CHILDREN

We do not knowingly collect information from anyone under the age of 16. If we are made aware that we have received such information, or any information in violation of our policy, we will use reasonable efforts to locate and remove that information from our records.

RESOLVING YOUR PRIVACY CONCERNS

We welcome your feedback. If you have questions, comments or concerns about this Privacy Policy, or would like to:

• access correct or delete your Personal Information in our possession;
• request that we not contact you; or
• report any violation of this Privacy Policy

Contact us

Please contact our site administration as shown on the Platform.

If you contact us – or any of the project partners listed under the Contact information on the vETs LAB platform - by means of e-mail, your data will be stored for a period of 12 months in order to process the request and in case of follow-up questions. We will not share this information without your consent. In case of questions on the processing of personal data sent by email, please contact the Data Controller and Protection officer in this project as aforementioned.

Data controller and protection officer, Data processor

The project platform is managed by the partner BEST Institut für berufsbezogene Weiterbildung und Personaltraining GmbH, established in Vienna 1070, Mariahilferstr. 8, VAT number: ATU3880608, DVR: 0600881 who is Data Processor (“Data Processor”) for this website, the vETs LAB platform, Internet: www.best.at

The vETs LAB platform is hosted on the project website, https://virtualsporteducationlab.eu/, by Biderbost Boscan & Rochin, Address:  Gran Vía, 59-61, Piso 1, Oficina 2, 37001 Salamanca, Spain, Registration number: B37497039.

Mundus Bulgaria (Bulgaria) in their role as project coordinator, established in RAYNA KNYAGINIA 2B AP 79, STARA ZAGORA, 6000, Bulgaria, ID: 177147551 are the Data Controller and Protection officer (“Data Controller”) and (“Data protection officer”) in this project. Internet:

https://mundusbulgaria.com

 

 

 

 

 

 

 

 

 

 

 

TERMS OF SERVICE

Acceptance of Agreement.  vETS LAB (“vETS LAB partners”, “partnership”, “consortium” “we” or “us”) provides this website, the “vETS LAB online space”, and certain online and offline products and services (collectively, the “Platform”).  These Terms of Service (“Agreement”) govern your (“User,” “you,” or “your”) access to and use or attempted use of the Platform. Your access to or use or attempted use of the Platform shall be deemed to constitute your consent to be bound by this Agreement and shall be enforceable in the same way as if you had signed this Agreement. If you do not agree with the terms of this Agreement, you may not use the Platform.

Please note that in order you may enjoy our vETs LAB platform, it is necessary for us to process your personal data so that, by registering on the platform, you declare that you have been informed of the privacy conditions and you authorise us to collect your data in accordance with the purposes that we indicate below, otherwise we will not be able to provide you the Services offered on vETs LAB platform.

Not reading this document does not limit any rights or obligations you and/ or the vETS LAB platform provider and/ or consortium have according to the present document.

Our Terms of Service

This agreement does not constitute any right to use the Platform or Service we developed, but we hereby grant you a limited, revocable, non-exclusive, non-transferable, non-sub-licensable right and license during the term to access and use the Platform as is.  You may only use the Platform for your individual learning purposes, and not for the benefit of any other person or entity.

Updates.  We may modify or update the Platform at any time, in its discretion.  All updates provided to you generally shall also be made available to you and shall be subject to this Agreement and any additional terms provided to you at the time of the update’s release. 

As part of the continual evolution of our digital content, and services, we make modifications such as adding or removing features and functionalities, increasing or decreasing usage limits and offering new digital content or services or discontinuing old ones. We may also change our digital content or services for these other reasons:

·       to adapt to new technologies

·       to reflect increases or decreases in the number of people who use a particular service

·       to respond to key changes in the licences and partnerships that we have with others

·       to prevent abuse or harm

·       to address legal, regulatory, safety or security issues

 

In particular, we sometimes make legally-required updates, which are modifications that keep digital content, or services in conformity with the law. We make these updates to our digital content and services for safety or security reasons and to make sure that they meet the quality standards that you expect. We may automatically install updates that address significant safety or security risks, or service delivery forms.

If a modification negatively affects your ability to access or use our digital content or services, or if we stop offering a service all together, we’ll provide you with reasonable advance notice by email / notification– including a description of the changes, when they’ll take place and your right to end your contract with us if our modifications create more than a minor negative impact – except in urgent situations such as preventing abuse or harm, responding to legal requirements or addressing security and operability issues or in case of Force Majeure.

After the effective date of such update, we shall bear no obligation to run, provide or support legacy versions of the Platform.  In the event that any modification or update materially decreases the Platform functionality available to you, you shall have the right to terminate this Agreement for material breach pursuant to the TERM & TERMINATION Section below.

Registration.  As part of the registration and account creation process, you will provide us with certain registration information, all of which must be accurate, truthful, and updated.   In consideration for your use of the Platform, you represent and warrant that (i) you are over the age of eighteen (18) and not barred from receiving Platform under the laws of any applicable jurisdiction, (ii) your use of the Platform does not violate any applicable law or regulation, and (iii) you access the Platform as a human rather than through automated means.  We reserve the right to deny creation of or suspend your account based on our inability to verify the authenticity of your registration information or for any violation of this Section.

Access & Accounts.  If you meet the age requirements (account may not be opened by minors), you can create a vETS LAB Account for your convenience.

We may update, refresh or change the manner of accessing the Platform in its discretion.  We shall provide you with non-transferable access credentials for the Platform as detailed in the registration Form. You agree not to (i) misrepresent or mask identities when using the Platform or seeking access credentials; (ii) select or use as a username a name subject to any rights of a person or entity without appropriate authorisation; (iii) select or use, as your username, a name that is offensive, vulgar or obscene; or (iv) exceed any access permitted by us.  You shall safeguard all access credentials provided by us/ the Platform and shall ensure the confidentiality and security thereof. You’re responsible for what you do with your vETS LAB Account, including taking reasonable steps to keep your vETS LAB Account secure, not to share it, and we encourage you to regularly change your password.

We only offer personal accounts on behalf of individuals. You agree to (i) immediately notify us of any unauthorised use of your password or account or any other breach of security; and (ii) ensure that you exit from your account at the end of each session.  You agree that (i) only you may use the Platform; (ii) you shall comply with all applicable laws and the use restrictions set out in the Agreement or otherwise prescribed by us; (iii) you represent and warrant that you have the capacity and authority to enter into this Agreement; and (iv) you will be fully responsible for any acts or omissions, whether authorised or unauthorised.   

Accessibility.  Although every effort is made to keep the vETS LAB up and running smoothly, due to the nature of the Internet and the technology involved, the vETS LAB partners take no responsibility for and will not be liable for the vETS LAB platform or any of its Services and contents being temporarily unavailable due to technical issues (or otherwise) beyond its control or for any loss or damage suffered as a result of the use of or access to, or inability to use or access the vETS LAB platform or Services whatsoever.

If you are having any trouble accessing the Platform, please contact the site administrator as shown on the Platform.

Fees.  We do not charge any fees for the use of the contents provided on the platform that were developed under the aforementioned EU funding scheme. You agree to pay any costs connected to accessing the Platform (like for equipment, internet etc.) yourself. We do not pay you any of the related costs; you do not have a specific rights to access contents.

 

YOUR CONTENT

Ownership & License.  As between you and us, you are the owner of all right, title and interest in and to your Content.  By uploading, posting, emailing, transmitting, submitting or otherwise making available Content to or through the Platform, you grant us the irrevocable, non-exclusive, worldwide, transferable, royalty-free, fully paid up right and license during the term to use the Content to provide the Platform to you or as otherwise contemplated by this Agreement. “Content” means any and all information, data, code, video, images, text, documents or other materials of any type that you upload, post, email, transmit, submit or otherwise make available to or through the Platform, regardless of whether it is publicly posted or privately transmitted.

Content Warranties.  You represent and warrant that (i) you own, or have acquired the express license and written authority to use, all of the Content as contemplated herein; (ii) the Content and the receipt, collection, use and provision thereof shall not infringe or violate any third party rights, including without limitation any intellectual property, privacy and publicity rights; (iii) the Content was received, collected, used and provided to us in compliance with all applicable laws, rules and regulations and self-regulatory guidelines and requirements, including without limitation laws on privacy and data security, unsolicited messaging, unfair or deceptive practices, or trade or export restrictions; (iv) you have obtained all necessary consents, approvals or other authorisations or permissions for, and have complied with your posted privacy policies and all third-party terms and conditions or privacy policies in connection with your receipt, use and/or provision of the Content hereunder; (v) none of the Content contains any personally identifiable information or persistent identifiers from individuals under 13; and (vi) none of the Content contains viruses or other malicious code.

Prohibited Content & Behaviours.  You agree to not use the Platform to:

• monitor its performance, availability, or functionality, or for any other benchmarking or competitive purposes;
• upload, post, email, transmit, submit or otherwise make available any Content that is harmful, threatening, abusive, harassing, tortuous, defamatory, vulgar, obscene, libelous, hateful, or racially, ethnically or otherwise objectionable;
• harm minors in any way;
• impersonate any person or entity, or falsely state or otherwise misrepresent your affiliation with a person or entity;
• disguise the origin of any Content transmitted through the Platform;
• upload, post, email, transmit or otherwise make available any unsolicited or unauthorised advertising, promotional materials, “junk mail”, “spam”, or any other form of solicitation;
• act in a manner that negatively affects other users’ ability to use the Platform;
• interfere with or disrupt the Platform or servers or networks connected to the Platform, or disobey any requirements, procedures, policies or regulations of networks connected to the Platform;
• violate any applicable local, state, national or international law;
• provide material support or resources (or to conceal or disguise the nature, location, source, or ownership of material support or resources) to any organisation(s) designated as a foreign terrorist organisation; or
• attempt to override or circumvent any of the usage rules embedded into the Platform.

You acknowledge that we do not pre-screen Content, but that we shall have the right in its sole discretion to pre-screen, refuse, move or remove any Content that is available via the Platform. Without limiting the foregoing, we shall have the right to remove any Content that violates the Agreement or is otherwise objectionable or illegal as determined in our reasonable discretion, and we bear no liability or responsibility for the same.

·       We respect the copyright and intellectual property rights of others. It is therefore our policy not to permit Content known by us to infringe another party’s copyright to remain on the Platform. In addition, we may terminate access by users who appear to infringe the copyright or other intellectual property rights of others.  If you believe any Content on the Platform infringes a copyright or other intellectual property right, you should provide us with written notice that at a minimum contains:

·       (i) A physical or electronic signature of a person authorised to act on behalf of the owner of an exclusive right that is allegedly infringed;

·       (ii) Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online website are covered by a single notification, a representative list of such works at that website;

·       (iii) Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit us to locate the material;

·       (iv) Information reasonably sufficient to permit us to contact the complaining party, such as an address, telephone number, and, if available, an electronic mail address at which the complaining party may be contacted;

·       (v) A statement that the complaining party has a good faith belief that use of the material in the manner complained of is not authorised by the copyright owner, its agent, or the law; and

·       (vi) A statement that the information in the notification is accurate, and under penalty of perjury, that the complaining party is authorised to act on behalf of the owner of an exclusive right that is allegedly infringed.

·       All these notices should be sent to the site administrator as listed on the Platform.

 

Content Disclaimers.  All Content is the sole responsibility of the person from whom such Content originated. This means that you, and not we, are entirely responsible for all Content that you upload, post, email, transmit, submit or otherwise make available via the Platform. As such, we do not and cannot guarantee or endorse the accuracy, integrity or quality of such Content. You understand that by using the Platform, you may be exposed to Content that is offensive, indecent, objectionable or illegal in your jurisdiction. Under no circumstances will we be liable in any way for any Content, including, but not limited to, any errors or omissions in any Content, or any loss or damage of any kind incurred as a result of the use of any Content uploaded, posted, emailed, transmitted, submitted or otherwise made available via the Platform.

Legal Process.   You acknowledge, consent and agree that we may access, preserve and disclose your account information and Content if required to do so by any applicable law or in a good faith belief that such access preservation or disclosure is reasonably necessary to: (i) comply with any applicable legal process; (ii) enforce the Agreement; (iii) respond to claims that any Content violates the rights of third parties; (iv) respond to your requests on the Platform; or (v) protect the rights, property or personal safety of vETS LAB partners and Platform, its staff, users and the public. If we receive a subpoena which requests disclosure of information contained in your account you agree that we may disclose any such requested information contained in the account.

vETS LAB INTELLECTUAL PROPERTY

Some of our Services include downloadable content. We give you permission to use that content as part of the Services. The licence that we give you is: For the vETS LAB Toolbox, vETS LAB manuals/ videos and the other sources developed by the vETS LAB partnership - Creative Commons Attribution- NonCommercial-ShareAlike 4.0 International License 2022

 

Ownership.  Except for the limited license rights set forth herein, you do not acquire any rights in or to the Platform.  We and our licensors own, and shall continue to own, all right, title and interest in and to the Platform and all related documentation, source code, tools, scripts, processes, techniques, methodologies, inventions, know-how, concepts, formatting, arrangements, visual attributes, ideas, database rights, copyrights, patents, trade secrets, and other intellectual property, and all derivatives, enhancements, modifications and improvements thereof.

Feedback.  To the extent you submit any ideas, feedback, suggestions, or opinions relating to the Platform (collectively, “Feedback”), you understand and acknowledge that such Feedback is not submitted in confidence and we assume no obligation, express or implied, by considering it. You further understand that we shall exclusively own all known or hereafter existing rights to the Feedback everywhere in the world, and that such Feedback is hereby irrevocably assigned to us. Without limiting the foregoing, to the extent any such assignment is deemed unenforceable, and/or to the extent necessary for us to utilise such Feedback, you hereby grant us an irrevocable, perpetual, worldwide license to use the Feedback and any associated intellectual property in any manner, in any medium now known or hereafter developed, without compensation.

License Restrictions. You may not (i) use any vETS LAB Confidential Information to create any services, product, software, documentation or data that is competitive with, substantially similar to or confusingly similar to any aspect of the Platform; (ii) use, modify, display, perform, copy, disclose or create derivative works of the Platform; (iii) reverse engineer, decompile, disassemble, mimic, screen-scrape, frame or mirror the Platform, or use any other means to attempt to discover their source code; (iv) benchmark, encumber, distribute, sublicense, assign, share, sell, rent, lease, pledge or otherwise transfer the Platform to any third party; (v) access via automated or unauthorised means, interfere with, disrupt or attempt to monitor, override access or circumvent security measures for, the Platform or related systems, including via robots, spiders and other electronic methods; (vi) use the Platform in violation of applicable law, rule or regulation, including without limitation laws, rules and regulations concerning privacy and data security; (vii) use the Platform in any manner that intentionally damages, disables, overburdens, or impairs any the Platform or interferes with any other party’s use of the Platform, including without limitation by using or launching any automated system that sends more request messages to our servers in a given period of time than a human can reasonably produce in the same period by using a conventional browser; (viii) attempt to gain unauthorised access to the Platform, including without limitation by breaching, disabling, tampering with, or developing or using (or attempting to do the same) any workaround for the Platform or any security measure related thereto; (ix) set, read, write, modify or delete any cookie on any of our owned or operated web domain; and/or (x) obscure, remove or alter any proprietary rights or other notices on the Platform.  Notwithstanding anything to the contrary herein, we may, in our sole discretion, immediately revoke the grant of rights contemplated in the previous paragraph if you breach the restrictions in this Section or create other security or legal concerns.  You hereby agree that we will be entitled, in addition to any other remedies available to it at law or in equity, to injunctive relief to prevent the breach or threatened breach of your obligations under this Section, without any requirement to demonstrate irreparable harm or post a bond.

Third Party Materials.  The Platform may link to, make available or provide third party products, services, websites, data, software or source code, including without limitation third party websites or social media platforms and open source software (collectively, “Third Party Materials”).  We have no control over Third Party Materials.  Accordingly, we are not responsible or liable for any Third Party Materials and makes no representation as to the accuracy, usefulness, safety, or intellectual property rights in or relating to such Third Party Materials.  While we have no obligation to monitor Third Party Materials, we may remove or modify such Third Party Materials in its discretion, including without limitation to comply with applicable law.  You agree to comply with all terms and conditions and privacy policies related to any Third Party Materials.

Visual identity.  We grant you a limited, revocable, non-exclusive, non-transferable, non-sublicensable license to access and use vETS LAB names, logos, designs, and other visual identity traits (“Marks”) during the term and solely for the purposes of displaying notices as part of the Platform.  You recognise the validity of the Marks and our ownership and title thereto.  Any goodwill derived from the use of the Marks by you shall inure to the benefit vETS LAB.  You will not challenge the Marks, or our ownership and title thereto, either during or subsequent to the term of this Agreement.  You shall execute such documents as may be reasonably requested by us, or required by law, to establish vETS LAB sole and exclusive ownership and rights in the Marks, or to obtain registration thereof.  You agree to use the Marks consistent with the highest standards of quality so as to protect and maintain the Marks and our rights therein.  To this end, we shall have the right to review and approve the manner of use of the Marks, and you agree to modify use of any Marks which do not meet our standards.  You may not use any Marks in any manner implying any partnership with, sponsorship by, or endorsement by us.

CONFIDENTIALITY & DATA

Confidentiality.  Each party agrees that its business, technical and financial information that is designated in writing as confidential, or that should reasonably be considered confidential given the nature of the information and/or the manner or means of disclosure, shall be the confidential property of the disclosing party (“Confidential Information”).  Each party shall use a reasonable degree of care to safeguard the other party’s Confidential Information in its possession or control.  Confidential Information does not include information that (i) was previously rightfully known to the receiving party without restriction on disclosure; (ii) is or becomes known to the general public, through no fault or breach on the part of the receiving party; (iii) is disclosed to the receiving party by a third party without breach of any separate nondisclosure obligation; (iv) was independently developed by the receiving party; or (v) is required to be disclosed pursuant to a judicial order or third party subpoena provided the receiving party provides written notice to the disclosing party in order for the disclosing party to seek an appropriate remedy and only discloses the minimum information required by the order or subpoena.  Neither party shall disclose the terms of this Agreement, except as required by law, or to its attorneys, professional advisors, investors and potential investors bound to obligations of confidentiality substantially similar to those contained herein.  The parties hereby agree that the disclosing party will be entitled, in addition to any other remedies available to it at law or in equity, to injunctive relief to prevent the breach or threatened breach of the receiving party’s obligations under this Section, without any requirement to demonstrate irreparable harm or post a bond.

Data.  Notwithstanding anything to the contrary herein, we may collect, use and retain registration data and data derived from performance of the Platform, your use of the Platform, and the Content for the performance of its obligations hereunder, for its business purposes or as otherwise permitted by applicable law.  Such uses will be accordance with our Privacy Policy, which is incorporated by reference herein in its entirety and made part of this Agreement.  By accessing, using or attempting to use the Platform, you agree to our Privacy Policy.

Platform Communications.  You understand and agree that the Platform may include certain communications from us, such as Platform announcements and administrative messages, and that these communications are considered part of our membership and that you will not be able to opt out of receiving them.

Data Security.  You shall (i) implement industry-standard security measures to help protect the security and integrity of, and prevent, unauthorised access to the Content and Platform; (ii) not do anything that will make the platform subject to any open source or similar license which creates an obligation to grant any rights in the Platform; (iii) not disrupt, disable, erase, alter, harm, damage, interfere with or otherwise impair in any manner the Platform; (iv) in the event of any security breach or unauthorised access to any Content or the Platform, immediately investigate such breach and notify us, and, unless otherwise informed by us, take all corrective action necessary to remedy such breach, and perform such remediation (with all consumer notifications and credit monitoring undertaken by us), all at your cost.

Customer Data. If the data that our Users provide to us (i) includes personal data (as defined by EU Regulation 2016/679 (the General Data Protection Regulation or “GDPR”)) and/or if such data is transferred outside the European Economic Area or Switzerland to any country not deemed by the European Commission as providing an adequate level of protection for personal data, then the terms of our Data Processing shall apply to such personal data and be incorporated into this Agreement upon the execution and submission of the Data Processing by Users to us in accordance with its terms. Users agree that they shall not use the Platform to send or store personal data subject to special regulatory or contractual handling requirements, including without limitation: personal information collected from children under the age of 13 or from online services directed toward children, or information deemed “sensitive” under applicable law (such as data on racial or ethnic origin, political opinions, or religious or philosophical beliefs).

WARRANTIES

Mutual Warranties.  Each party represents and warrants that (i) it has the right and authority to enter into this Agreement and perform its obligations, covenants and promises hereunder and (ii) it is duly organised and validly existing and in good standing under the laws of the state of its incorporation or formation.

Disclaimer. WHILE WE USE REASONABLE EFFORTS TO INCLUDE UP-TO-DATE INFORMATION ON THE PLATFORM, WE MAKE NO WARRANTIES OR REPRESENTATIONS AS TO THE ACCURACY OR COMPLETENESS OF INFORMATION ON THE PLATFORM.  TO THE FULLEST EXTENT PERMITTED BY LAW, YOUR USE OF THE PLATFORM IS AT YOUR OWN RISK. THE PLATFORM, INCLUDING ALL CONTENT MADE AVAILABLE ON OR ACCESSED THEREON, IS PROVIDED “AS IS” AND WE MAKE NO REPRESENTATIONS OR WARRANTIES OF ANY KIND WHATSOEVER WITH RESPECT TO THE PLATFORM. FURTHER, TO THE FULLEST EXTENT PERMISSIBLE BY LAW, WE DISCLAIM ANY EXPRESS OR IMPLIED WARRANTIES, INCLUDING, WITHOUT LIMITATION, NON-INFRINGEMENT, TITLE, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. WE DO NOT WARRANT THAT THE FUNCTIONS CONTAINED IN THE PLATFORM OR ANY MATERIALS OR CONTENT CONTAINED THEREIN WILL BE UNINTERRUPTED OR ERROR FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THE WEBSITE OR THE SERVER THAT MAKES IT AVAILABLE IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. 

INDEMNITY & LIMITATION OF LIABILITY

Your Indemnity. You will defend, indemnify, and hold harmless vETS LAB, the Platform site administrator, and its affiliates, licensors and partners, and their respective directors, officers, employees, agents, successors and assigns for any and all losses (including costs of settlement and reasonable attorneys’ fees) resulting directly or indirectly from third party claims, actions, and demands relating to: (i) your breach of this Agreement; (ii) allegations that the Content or unauthorised use of the Platform infringes a third party’s intellectual property, privacy and publicity rights; (iii) or any violation by you of any applicable law, including without limitation laws concerning privacy or data security.

Our Indemnity.  We will defend, indemnify, and hold harmless you and your affiliates, licensors and partners, and their respective directors, officers, employees, agents, successors and assigns for any and all losses (including costs of settlement and reasonable attorneys’ fees) resulting directly or indirectly from third party claims, actions, and demands relating to (i) allegations that your authorised use of the Platform infringes or misappropriates any copyright or trade secret (“IP Claim”); or (ii) any violation by us of any applicable law, including without limitation laws concerning privacy or data security. Notwithstanding the foregoing, We shall have no liability or obligation hereunder with respect to any IP Claim arising directly or indirectly from (i) the use of the Platform in combination with products, services, software, data or systems not provided by us; (ii) any modification or unauthorised use of the Platform or any breach of this Agreement by you; (iii) any Content or your services; (iv) instructions or directions provided by or on behalf of you; (v) any open source software or other Third Party Materials; or (vi) the failure to use corrections provided by us (collectively, “Infringement Exclusions”). If the Platform becomes the subject of any IP Claim that does not fall within the Infringement Exclusions, we may, at its option (i) obtain for you the right to continue using the affected component of the Platform; (ii) replace or modify the affected component of the Platform; or (iii) if (i) or (ii) cannot be achieved through reasonable efforts, we may immediately terminate this Agreement. This Section states our sole and exclusive liability with respect to any actual or alleged infringement of intellectual property, privacy or publicity rights by the provision or use of the Platform.

Indemnification Process.  The party seeking indemnification shall promptly notify the indemnifying party of any claim for which it seeks indemnification; provided, however, that any delay in providing notification shall not impact the indemnifying party’s indemnification obligations, unless the indemnifying party is materially impacted thereby. The indemnifying party shall have sole control over the defence of a claim, provided that the indemnified party may participate in the defence, at its cost. All settlements of indemnification claims that involve an admission of guilt or equitable (as opposed to monetary) remedies require the consent of the indemnified party.

LIMITATION OF LIABILITY.  TO THE FULLEST EXTENT PERMITTED BY LAW, IN NO EVENT WILL WE BE LIABLE UNDER ANY THEORY OF TORT, CONTRACT, STRICT LIABILITY OR OTHER LEGAL OR EQUITABLE THEORY FOR (I) ANY LOST PROFITS, LOST DATA, LOST OPPORTUNITIES, COSTS OF COVER, EXEMPLARY, PUNITIVE, PERSONAL INJURY/WRONGFUL DEATH, SPECIAL, INCIDENTAL, INDIRECT OR OTHER CONSEQUENTIAL DAMAGES.

TERM & TERMINATION

Term.  The term of this Agreement shall be set forth in the Registration Form.  Your Platform subscription will be automatically terminated as aforementioned, without prior notice to you, unless and until you cancel your membership, or we terminate it earlier.

Termination.  We may terminate or suspend this Agreement immediately in the event of your breach or threatened breach of any confidentiality or intellectual property provisions of this Agreement. Either party may terminate this agreement immediately for (i) material breach if such breach, to the extent curable, remains uncured twenty (20) days’ after notice thereof; (ii) convenience on thirty (30) days’ advance written notice to the other party; or (iii) if a party becomes the subject of a petition in bankruptcy or any other proceeding relating to insolvency, liquidation or assignment for the benefit of creditors.

We may also terminate or suspend this Agreement and the access to your account with all data on the Platform, as well as the Platform with its Services by 31st Dec. 2025, i.e. 20 months upon ending of the EU funding, or after this day at any time with a minimum of 10 days of prior notification by email or announcement on the Platform.

Obligations on Termination.  Upon termination or expiration of this Agreement, you will immediately stop all use of the Platform.  Further, all applicable licenses and access granted to you shall automatically terminate. Notwithstanding the foregoing, terms that by their nature should survive expiration or termination of this Agreement shall so survive.

MISCELLANEOUS

Force Majeure.  Neither party shall be liable for failing or delaying performance of its obligations resulting from any condition beyond its reasonable control, including but not limited to governmental action, acts of terrorism, natural disasters, earthquake, fire, flood or other acts of God, labour conditions, shortage of materials, failure of transportation or communications or of suppliers of goods or services, power failures, and Internet disturbances, Third Party Materials, public health concerns and the malicious acts of third parties (e.g. cyber-attacks).

Independent Contractor.  Each party is an independent contractor with respect to the other party hereunder.  This Agreement shall not be construed to (i) create any employment, partnership, joint venture, franchise, master-servant, or agency relationship between the parties, or (ii) authorise any party to enter into any commitment or agreement binding on the other party.  

Assignment.  Except in the event of a merger, acquisition or other change of control, neither party may transfer this Agreement, and any attempted assignment in contravention of this Section shall be void.

Governing Law; Arbitration; Class Action Waiver; Time Limit for Claims.  This Agreement shall be governed exclusively by the laws of Austria, irrespective of the conflict of law rules of any jurisdiction.  Any dispute arising under or related to this Agreement shall be brought in the state and federal courts located within Vienna, Austria.

You shall not participate in a class action or class-wide arbitration for any claims covered by this agreement. You agree not to participate in claims brought in a private attorney general or representative capacity, or consolidated claims involving another person’s account, if vETS LAB or its partners are a party to the proceeding. If the prohibition against class actions and other claims brought on behalf of third parties contained above is found to be unenforceable, then this paragraph will be null and void.

You agree that regardless of any statute or law to the contrary, any of your claims or causes of action arising out of, related to or connected with the use of the Platform or this Agreement must be filed within one (1) year after such claim of action arose or be forever banned.

Entire Agreement.  The Agreement constitutes the entire agreement between you and us and govern your use of the Platform, superseding any prior agreement with respect to the Platform.

Waiver and Severability of Terms.  The failure of vETS LAB to exercise or enforce any right or provision of the Agreement shall not constitute a waiver of such right or provision. If any provision of the Agreement is found by a court of competent jurisdiction to be invalid under applicable law, the parties nevertheless agree that the court should endeavour to give effect to the parties’ intentions to the greatest extent possible as reflected in the provision, and the other provisions of the Agreement shall remain in full effect.