Terms of Use

Imprint

bizzonn GmbH
Podbielskistrasse 130
30177 Hanover
Germany

Authorized representative managing director: Oleg Pysmenny
Phone: +49 511 64067598
Fax: +49 511 6406 7599
E-mail: postmaster@bizzonn.com

Register court: Amtsgericht Hannover
Registration number: HRB 201717
VAT identification number: DE 293467014
Responsible for content: Oleg Pysmenny (address above)

 


 

Data protection declaration

We inform you below in accordance with the legal requirements of data protection law (esp. In accordance with BDSG nF, General Data Protection Regulation, GDPR European Data Protection Regulation) about the nature, scope and purpose of the processing of personal data by our company. This Statement of Privacy applies to our websites and social media profiles. Concerning the definition of terms such as "personal data" or "processing" we refer to Art. 4 GDPR.

Name and contact details of / persons responsible
Our responsible (hereinafter, "controller") in the sense of Art. 4 No. 7 GDPR:

bizzonn GmbH
Podbielskistrasse 130
30177 Hanover
Germany
E-mail: postmaster@bizzonn.com

Data types, purposes of the processing and categories of data subjects
Below we inform you about the nature, scope and purpose of collecting, processing and use of personal data.

1. Types of data that we process
Usage data (access times, web sites visited, etc.), inventory data (name, address, etc.), contact information (telephone number, e-mail, fax, etc.), contract data (subject of the contract, term, etc.), content data (text entries, videos, photos etc.), communication data (IP address, etc.).

2. Purposes of the processing according to Art. 13 para. 1 c) GDPR
Allow execution of contracts, optimize use as evidence / evidence, site technically and economically easy access to the site to support fulfillment of contractual obligations, communicate upon legal complaint by a third party, compliance with legal retention requirements, optimization and statistical analysis of our services, commercial use of the site, improve user experience , make site easy to use, handle Economical operation of the advertising and website marketing / sales / advertising, compilation of statistics, avoiding SPAM and abuse, customer service and customer care, contact requests, provide sites with features and content, measures of security.

3. Categories of data subjects under Art. 13 para. 1 e) GDPR
Visitors / users of the website, customers.
The persons concerned are collectively referred to as "users".

Legal bases for the processing of personal data
Below we inform you about the legal basis for the processing of personal data:
If we have obtained your consent for the processing of personal data is Art. 6 para. 1 sentence 1 lit. a) GDPR legal basis.
The processing performance of a contract or the implementation of pre-contractual measures required to be done at your request, then Art. 6 para. 1 sentence 1 lit. b) GDPR legal basis.
If the processing for compliance with a legal obligation required of us subject (eg legal retention requirements), then Art. 6 para. 1 sentence 1 lit. c) GDPR legal basis.
The processing necessary to protect the vital interests of the data subject or of another individual, then Art. 6 para. 1 sentence 1 lit. d) GDPR legal basis.
Is the processing to protect our or the legitimate interests of a third party necessary and do not outweigh this respect your interests or fundamental rights and freedoms, it is Art. 6 para. 1 sentence 1 lit. f) GDPR legal basis.

Disclosure of personal data to third parties and processors
Without your consent we will generally not disclose information to third parties. Should this be the case, then the disclosure is made on the basis of the aforementioned legal bases for example in the transfer of data to online payment provider to perform the contract or due to court order or because of a legal obligation to hand over the data for purposes of law enforcement, security or for the enforcement of intellectual property.
We also set processors (e.g. external service providers for hosting our websites and databases) to process your data. If passed on to processors established data under an agreement for order processing, this is always done under Art. 28 GDPR. We choose help our processors carefully, check them regularly and have allowed us to confer a right to issue instructions regarding the data. In addition, the processors have put in place appropriate technical and organizational measures and in accordance with data protection rules. BDSG nF and GDPR comply.

Data transmission in third countries
The adoption of the European Data Protection Regulation (GDPR) a uniform basis for data protection in Europe was created. Your data is therefore mainly processed by companies, is used for the GDPRs. However, should the process take place through third party services outside the European Union or the European Economic Area, they must have the special requirements of Art. 44 ff. GDPR. This means that the processing is carried out because of special guarantees, such as the officially recognized by the European Commission's finding of an EU appropriate level of data protection or compliance officially recognized special contractual obligations, the "standard contractual clauses" so-called. For US companies, the submission met the so-called under that. "Privacy shield", the data protection agreement between the EU and the US, these conditions.

Deletion of data and storage time
Except as expressly stated in this Privacy Policy, your personally identifiable data will be deleted or blocked as soon as the purpose for storing deleted unless their further storage is required for evidence purposes or are contrary to legal retention requirements. Includes, for example commercial law, storage requirements of business letters according to § 257 Abs. 1 HGB (6 years), as well as tax retention obligations under § 147, para. 1 AO of documents (10 years). When the prescribed retention period expires, a block or delete your data takes place, unless the storage is still required for a contract or to fulfill the contract.

Consist of an automated decision-making
We do not use automated decision or a profiling.

Providing our site and creation of log files
If you use the Website solely for information purposes (so no registration and no other communication of information), we collect only the personal information that your browser sends to our server. If you want to look at our website, we collect the following data:

• IP address;
• internet service provider of the user;
• the date and time of the call;
• browser type;
• language and browser version;
• content of the call;
• time zone;
• access status / HTTP status code;
• amount of data;
• web sites from which comes the request;
• operating system.
 A storage of this data together with other personal information about you will not take place.
These data serve the purpose of user-friendly, functional and safe delivery of our website to provide you with features and content as well as its optimization and statistical analysis.
Legal basis for this is our also lying in the above purposes legitimate interest in the data processing according to Art. 6 para. 1 sentence 1 lit. f) GDPR.
We save for safety reasons this data in server log files for the storage period of days. After this period, they are deleted automatically, unless we need their retention as evidence in attacks on the server infrastructure or other rights violations.

Cookies
We called use. Cookies when you visit our website. Cookies are small text files which your Internet browser on your computer and stores. If you visit our website again, these cookies provide from information to you automatically. The information obtained serve the purpose of optimizing our web offers technically and economically and to allow you easier and safe access to our website. We inform to the call of our website by a reference to our privacy statement on the use of cookies to the aforementioned purposes, and how to counter this and prevent their storage ("opt-out"). Our website uses session cookies, persistent cookies and third-party cookies:

session cookies: So-called cookies we use. To recognize multiple use of an offer by the same user (eg if you have logged in finding your login status). If you visit our website again, these cookies from information to you automatically. The information obtained serves to optimize our offers and to provide you with easier access to our site. When you close the browser or log out, the session cookies are deleted.
Persistent cookies: These are automatically deleted after a predetermined time, which may differ depending on the cookie. In the security settings of your browser you can delete the cookies at any time.
Third-party cookies (third-party cookies): According to your wishes, you can configure your browser settings and e.g. reject the assumption of third-party cookies or all cookies. however, please note at this point out that then may be able to use all features of this website. Read more about these cookies at the respective privacy policies of the third party.
Legal basis of this processing is Art. 6 para. 1 sentence lit. b 1) GDPR when the cookies are set for contract initiation e.g. orders and otherwise we have a legitimate interest in the effective functionality of the site so that in the case of Art. 6 para. 1 letter S. f) GDPR legal basis.

Contradiction and "opt-out": Storing cookies on your hard drive, you can generally avoid by choosing in your browser settings "do not accept cookies". However, this may have an impairment of our offers. You can third party for advertising purposes the use of cookies at a so-called. "Opt-out" of this American website (https://optout.aboutads.info) Or this European site (http://www.youronlinechoices.com/de/praferenzmanagement/disagree).

Execution of contracts
(Services, contact names such as unused) and payment data (e.g. bank details, payment history) in order to meet our contractual obligations, we process inventory data (e.g. company, title / academic degree, name and address and contact information of users, e-mail), contract data gem and services (e.g. contact customer service) (checking the plausibility of the data knowledge, who is single contractor; establishment, content and execution of the contract). Art. 6 para. 1 sentence 1 lit b) GDPR. The entries marked as mandatory in online forms, are required for the contract.
The transfer of such data to third parties not in principle, unless they (e.g. handover to a lawyer for collection) or to fulfill the contract (e.g. transfer of data to payment provider) is required to pursue our claim or there is this is a legal obligation gem. Art. 6 para. 1 sentence 1 lit. c) GDPR.
We can process the data provided by you also, to inform you about other interesting products from our portfolio or send you with technical information emails.
The data are deleted as soon as they are no longer necessary for the achievement of the purpose it was collected. This is for the inventory and contract data be the case if the data for the execution of the contract are no longer needed and no longer claims from the contract can not be invoked because they are barred (warranty: two years / rule statute of limitations was three years ). We are obliged under commercial and tax law requirements, store your address, payment and order information for a period of ten years. However, we take upon contract termination after three years, limiting the processing before, that your data will be used only to comply with legal obligations. Information in the user account will remain until its cancellation.

Online payment providers
Bill for payment by "Paypal" using PayPal (Europe) S.à rl et Cie, SCA, 22-24 Boulevard Royal, L-2449 Luxembourg, Web:paypal.de. https://www.paypal.com/de/webapps/mpp/ua/privacy-fullcalled .Nachfolgend "online biller". The online biller collect, store and process the usage and billing information from you to determine and for billing for the claim by you in performance. The data entered in the online accounter only be processed by these and stored in these. Unless the online biller can not or only partially collect the royalties and the online biller this abandoned because of a complaint from you, the usage data are passed from the online biller to the person responsible and there is possibly a blocking by the person responsible. The same applies if, for example, a credit card company restore a transaction from you at the expense of the person responsible.
The legal basis is Art. Lit. 6 para. 1 S. b because the processing performance of a contract by the person in charge is needed) GDPR. In addition, external online biller on the basis of Article be. 6 para. 1 sentence 1 lit. f) GDPR used for legitimate interests of the owners and to offer you the safest possible, simple and multiple payment options.
With regard to the storage period, revocation, information and data subjects' rights, please refer to the above privacy policies online biller.

Contact via contact form / e-mail / fax / post
When contacting us via the contact form, fax, mail or e-mail your information will be processed for the purpose of processing the contact request.
The legal basis for the processing of the data is in the presence of consent from you Art. 6 para. 1 sentence 1 lit. a) GDPR. Legal basis for the processing of the data received during the contact request or e-mail, a letter or fax is Art. 6, para. 1 p 1 lit. f) GDPR. The person in charge has to fulfill a legitimate interest in the processing and storage in order to answer requests from the users of the data, to preserve evidence for liability reasons and to possibly its legal retention requirements with business letters. Aims of the contact at the conclusion of a contract from, so one is an additional legal basis for the processing of Art. 6 para. 1 letter S. b) GDPR.
We can store your data and contact request in our customer relationship management system ("CRM") or a comparable system.
The data are deleted as soon as they are no longer necessary for the achievement of the purpose it was collected. To the personal data of the input screen of the contact form and those who were sent by e-mail, this is the case when each conversation is finished with you. Ends the conversation is when can be inferred from the circumstances that the affected situation is clarified. Requests from users who have an account or contract with us, we store for a period of two years after termination. In the case of legal obligations archiving quenching takes place after which: the end commercial law (6 years) and tax (10 years) storage required.
You always have the option to consent according to Art. 6 para. 1 sentence 1 lit. to revoke a) GDPR processing of personal data. Take e-mail contact us, you can object to the storage of personal data at any time.

Google Analytics
We have the website analysis tool "Google Analytics" (Google Inc. 1600 Amphitheater Parkway, Mountain View, California 94043, USA, EU office: Google Dublin, Google Ireland Ltd., Gordon House, Barrow Street, Dublin 4, Ireland) on our website integrated.
When visiting our website Google sets a cookie on your computer in order to analyze the use of our website. The data obtained are transferred to the US and stored there. If person-related data in the US should be transferred, offers certification in accordance with Google's Privacy Shield Agreement (https://www.privacyshield.gov/EU-US-Framework) The guarantee that European data protection law is complied with.
We have activated the IP anonymization "anonymizeIP" which causes the IP addresses are processed only shortened. On this website, your IP address will therefore truncated within Member States of the European Union or other parties to the Agreement on the European Economic Area. Only in exceptional cases will the full IP address is transmitted to a Google server in the USA and shortened there. On behalf of the operator of this website Google will use this information to evaluate your use of the website, compiling reports on website activity and providing other, connected with website and Internet use to provide services to the person responsible. We have cross-device analysis of website visitors also activates, which is carried out by a so-called. User ID. The transmitted by your browser as part of Google Analytics IP address will not be merged with other Google data. The use of Google Analytics for the purpose of analysis, optimization and improvement of our website.
Legal basis for this is our also lying in the above purposes legitimate interest in the data processing according to Art. 6 para. 1 sentence 1 lit. f) GDPR.
Notices sent by us and cookies, user IDs (eg. As user ID) or advertising IDs associated data are automatically deleted after 14 months. The deletion of data whose retention period has been reached, is done automatically once a month.
For more information on data usage in Google Analytics can be found here: https://www.google.com/analytics/terms/de.html (Terms of Analytics) https://support.google.com/analytics/answer/6004245?hl=de (Data protection in Analytics) and Google's Privacy Policy https://policies.google.com/privacy,
Contradiction and "opt-out": the saving of cookies on your hard drive, you can generally avoid by choosing in your browser settings "do not accept cookies". However, this may have an impairment of our offers. You can prevent the detection of, generated by the cookie and related to your use of the website data to Google and the processing of these data by Google, by downloading the browser plug-in available under the following link and install beyond:http://tools.google.com/dlpage/gaoptout?hl=de
As an alternative to the above browser plugin you can prevent detection by Google Analytics by clicking the link to your website Analytics opt-out. By clicking an "opt-out" is set cookie that prevents the collection of your information by visiting this website in future. This cookie only applies to our website and your current browser and has only until you delete your cookies stock. In the case you would have to set the cookie again.
The cross-device user analysis, you can turn off your Google account under "My Account> Personal Information".

Google reCAPTCHA
We have in our website the anti-spam function "reCAPTCHA" from "Google" (Google Inc. 1600 Amphitheater Parkway, Mountain View, California 94043, USA, EU office: Google Dublin, Google Ireland Ltd., Gordon House, Barrow integrated Street, Dublin 4, Ireland). Through the use of "reCAPTCHA" in our forms, we can determine if the entry has been made by a machine (robot) or human. When using the service, your IP address and possibly other data required for it to Google's servers can be transferred to the United States.
Purpose of processing this data is to avoid spam and abuse as well as our economic interest in the optimization of our website.
Legal basis for this is our also lying in the above purposes legitimate interest in the data processing according to Art. 6 para. 1 sentence 1 lit. f) GDPR.
Google has been certified under the Privacy Shield Agreement (https://www.privacyshield.gov/EU-US-Framework). So that the European data protection law is complied with ensures.
For more information about Google reCAPTCHA https://www.google.com/recaptcha/ and in the privacy policy of Google at: https://policies.google.com/privacy,

Rights of affected persons 
Opposition or revocation to the processing of your data

As far as the processing of your consent in accordance with Art. 6 para. 1 sentence 1 lit. a), Art. 7 DS-BER is, you have to withdraw consent at any time the right. The legality of the process until revocation occurred because of the consent will not be affected.

As far as we lit the processing of your personal data on the balance of interests in accordance with Art. 6 para. 1 sentence 1 f) GDPR support, you can appeal the processing. This is the case when the processing is not particular to the performance of a contract required with you, which is represented by us each in the following description of the functions. Upon exercise of such contradiction, we ask for explanation of the reasons why we should not process as performed by us your personal data. In case you are justified objection, we examine the situation and are either set the data processing or adapt or show you our compelling legitimate grounds on which we continue the processing.

You may object to the processing of your personal data for purposes of advertising and data analysis at any time. The right of you can exercise for free. About your advertising contradiction you can inform us at the following contact details:

bizzonn GmbH
Podbielskistraße 130
30177 Hanover
Germany
E-mail: postmaster@bizzonn.com

Right to information
You have a right to information about your stored personal data according to Art. 15 GDPR. This includes in particular the information on the processing purposes, the category of personal data, the categories of recipients to whom your data has been disclosed or the planned storage time, the origin of their data if it were not collected directly from you.
Right of correction
You have a right to correct inaccurate or rather on complete data pursuant to Art. 16 GDPR.
Right of erasure
You have the right to delete your data stored by us pursuant to Art. 17 GDPR unless statutory or contractual retention periods or other legal obligations or rights for further storage preclude this.
Right to limitation
You have to request a limitation in the processing of your personal data the right, if any of the conditions in Art. 18 para. 1 lit. a) to d) GDPR met:
• If you challenge the accuracy of your personal question for a period which allows the controller to verify the accuracy of personal data;
• the processing is unlawful and you oppose the erasure of personal data and instead require the restriction of the use of personal data;
• the person in charge needs the personal data for the purposes of processing no longer, but you will need this for the establishment, exercise or defense of legal claims, or
• If you have inserted object to processing in accordance with Art. 21 para. 1 and GDPR is not yet clear whether the legitimate reasons of responsible outweigh your reasons.
Right to data portability
You have a right to data portability under Art. 20 GDPR, which means that you can get the personal data stored by us about you in a structured, consistent and machine-readable format, or request transfer to another manager.
Right to appeal
You have a right to complain to a supervisor. In general, you can turn this to the supervisory authority in particular in the Member State of their residence, their place of work or the location of the alleged violation.
Data security
To protect all personally identifiable data that is sent to us, and to ensure that data protection rules by us, but also our external service providers are respected, we have taken appropriate technical and organizational security measures. Therefore, among others, all data between your browser and our servers via a secure SSL connection is encrypted.

Date: 24/07/2018

 

 

bizzonn/EBR database and service use conditions

When using bizzonn/European Business Register (EBR) databases and/or services (systems), every user shall observe the following conditions:
1. The User promises to use information processing services provided by bizzonn/EBR for legal purposes only. Customers may use data processing services for commercial purposes with a prior written approval by bizzonn.
2. The User shall not disclose user requisites (user ID and password) to third parties. User requisites shall be used only by a specific user (physical person) who was granted these requisites.
3. The User shall not perform activities aimed against system security. In case of violation, bizzonn has the right to interrupt service provision unilaterally, without prior informing or explaining the reason.
4. The User shall not copy the system or its part in an illegal way (illegal operations within a system are all operations activated without using allowed commands (that appear on the screen) or performed automatically without direct participation of a user in the data processing query process (applying any programs, for example, robots), independent from the purpose of such operations).
5. In case there are more than 100 (one hundred) queries made during 1 (one) day’s period from one IP address using the free (public) system search services, bizzonn has the right to block such IP address without provision of any explanations.
6. In case a user loses all or some of user requisites (user ID or password), this shall be immediately communicated to bizzonn system administrator (admin@bizzonn.com). Old user requisites are then annulled and replaced with new requisites.
7. All materials published and distributed by bizzonn are copyright protected. When using materials obtained from the systems, users shall observe standards as provided by the Law on Physical Person Data Protection, the Law on Copyright, and other legislative acts.
8. Quoting or referring to data processing service content, users shall identify the source - "www.bizzonn.com" or "bizzonn Internet platform".
9. When using European Busines register databases, every user shall observe EBR National sales conditions, specified below.
Non-observance of these regulations, and/or takeover of system user rights by using third person access passwords or third person name, without co-ordination of these activities with bizzonn, is considered as deliberate system integrity damage, which can be classified as a criminal offence. Such activities contradict the EU personal data protection standards.

 

 

EBR National sales conditions

2007-04-01 Distribution of Information Products provided by the EBR Network.
Terms of Usage and Sale

With reference to the Information Sharing Agreement, Article 1, Distribution, Point 6 and 7, these unified Terms of Usage and Sales (compiled by each concerned country’s National Sales Conditions) have been established to be followed by each distributing ISA Participant and, where appropriate, to be incorporated in the distributing ISA Participants sales contract towards their End Users or Third Party Distributors as stated below.
The distributing ISA Participant is obliged to observe and to follow these conditions as they are, as amended from time to time, at the time of distribution. However, should a distribution contract have been established between a distributing Participant and a party outside of the EBR network, the distributing Participant shall not be required to adhere to an amendment made to these conditions after the time of the signature of such a distribution contract, until said contract is due for renewal.
I General Terms of Usage and Sales Conditions in respect of End Users (including ISA Participants’ End Users and Third Party Distributors’ End Users)
II Terms of Usage and Sales Conditions specific to Third Party Distributors

 

I Terms of Usage and Sales in respect of End Users
Definitions
For the purpose of this Attachment:
“User”, or collectively ”Users”, includes both ISA Participants’ End Users and Third Party Distributors’ End Users, who are allowed to use the EBR Data purchased for personal use only, and the term ‘the User’ means any of those End Users.
“Legal Information”/ “Data” means the information or data held by the database of:
• the Austrian Ministry of Justice official Business Register Database – the Austrian National Business Register. Information Provider: Telekom Austria AG,
• Bolagsverket - the Swedish National Business Register,
• INPI (Institut National de la Propriété Industrielle) - Registre National du Commerce et des Sociétés - INPI (National Institute for Industrial Property) – the French National Business Register
• the Latvian State Enterprises register – the Latvian National Business Register - Information Provider: Lursoft IT,
• Patentti- ja rekisterihallitus (PRH) – the Finnish National Business Register,
• the Registre National du Commerce - the Belgian National Business Register - managed by the "La Banque Carrefour des Entreprises” – Information Provider: Coface Services Belgium
• the United State Register of legal entities and individual entrepreneurs - the Ukrainian National Business Register - Information Provider: State Enterprise "Information Resource Centre "
• Verband der Vereine Creditreform e.V – a private operator of a company database, providing German Business Information

(hereinafter collectively referred to as “the Databases”)
"Information Provider", or collectively, "Providers" means the ISA Participant which processes the data from one of the national Databases listed in the previous paragraph, and has the right to provide that same data to a Participant within the EBR Network as stated within the ISA agreement.
Preamble:
These Terms of Usage and Sales in respect of End Users are in principal common and valid for all Information Providers listed above. However, due to differences in national legislation etc., specific for a certain country, some terms are particular for one or more Information Providers. Therefore, the distributing ISA Participants and their Users will notice that the conditions below are specific for a special country where so is indicated.
When accessing or selling Information from the Swedish National Business Register, the Participants and its Users are, in this context, obliged to conform to 2 d only .
Scope:
The purpose of this Attachment is to replace the former individual sets of National Sales Conditions, previously issued by the Providers listed above, with one set of conditions, common for all of these Providers. Therefore, the conditions stated in this document shall only apply in the contractual relationship between one of the Providers listed above and an ISA Participant that supplies information originating from that Provider.
1) Preconditions for the providing of Information
a. The Providers permit the ISA Participants, and hence their Users, to access Legal Information from the Databases and to resell it to their Users, strictly on the basis that the Participants and the Users are bound by and adhere to these Terms of Usage and Sales.
b. The Providers will use their best efforts to build up the Databases and keep them up to date. However, under no circumstances shall the Providers be liable for any express or implied duty to achieve a given result.
c. The Data supplied to the User might be indicative only and furthermore uncertified depending on the legislation in the country in which the Database is established.
Therefore, the User will notice that:
French Data supplied to the User is, according to French legislation, indicative only. The Data supplied is uncertified, and the User is hereby on notice that only hard copies supplied by INPI or by the Greffes des Tribunaux de Commerce (local French Business Registers from the Commercial Courts), duly certified by those bodies, have a legal value.
German Data, supplied by Creditreform, which is a private operator, is indicative only. Only documents, in the shape and form of hard copies, which are judicially recognized by court, have a legal value.
Information supplied by Lursoft IT is also indicative only.
d. The User has full responsibility to take all measures necessary to access the Data, mainly by using an adapted technical configuration, and to protect himself against intrusion or virus contamination.
e. The User will access the EBR Service via the Internet. Under no circumstances, shall the Providers be liable for any technical inability to access the service which may arise, whether as a result of phone failure, internet service provider, failure or shortage of power, and/or a problem originating in the User’s technical configuration, etc.
f. The User is fully responsible in respect of requests made by him to the Information Provider for Data and in respect of the usage which it makes of the Data obtained as a result of those requests.
g. The User has full responsibility for the data retrieval operations.
h. The Providers reserve the right to restrict the access to their respective Database in the event of unlawful use of the data or restrictions impelled by legislation, governmental or administrative order.
2) Usage conditions
a. The User receives a non-exclusive usage right to access the database and the data. This right is strictly personal to the User and the Data is supplied to the User for internal use only. Under no circumstances, may retrieved data be communicated, duplicated, redistributed, incorporated, modified or altered in any manner by the User, free of charge or not.
b. The following are expressly prohibited:
i) the retrieval by the User, by temporary or permanent transfer, of the totality or a qualitatively or quantitatively substantial part of the database's content, whatever the means or the format,
When purchasing Data coming from Belgium and France:
ii) the retrieval or the systematically repeated re-use by the User of a qualitatively or quantitatively non-substantial part of the database's content.
c. When purchasing Data coming from Latvia:
The usage right is strictly for identified Users and the information can only be used in accordance with Copyright and Private data protection laws.
d. When purchasing Data from every Information Provider comprised by these General Terms of Usage and Sales:
The Participants and their respective Users are obliged to treat the Data supplied in such a way that the integrity of any person registered in any of the Databases comprised by these conditions is protected in accordance with the Directive 95/46/EC of the European Parliament and of the Council of 24th October 1995 on the protection of individuals with regard to the processing of personal data and on the free movement of such data, as well as any corresponding implementations of this Directive into national legislation of Member States.
3) Liability
a. The Providers will be liable according to statutory legal provisions for any damage that is caused by a deliberate or grossly negligent act.
b. The liability of the Providers shall be limited to the maximum degree of damage which has to be expected as for the kind of contracts herewith negotiated in the case of a fundamental breach of their contractual duties.
c. When purchasing Data coming from Belgium, Finland, France and Latvia:
Under no circumstances, shall the Providers be liable to the User for any loss or damage, whatever its nature (in particular a loss of business, a data loss or other financial loss) resulting from the use of the tools provided by EBR and the Providers, in connection with the supply of Data to the User via EBR.
d. A claim for compensation emerging from the providing of incorrect Data shall be settled in accordance with Article 9 in the ISA-agreement.
e. Any further liability of the Providers is excluded.
f. The User is liable and hence obliged to compensate the Information Provider for any damage caused in relation to any non-authorised communication, duplication, redistribution, incorporation, modification or alteration of the data, as this is stated within the ISA Agreement or in these general Terms of Usage and Sales, including, but not limited to, fault or negligence on the part of the User.

 

II General Terms of Usage and Sales specific to Third Party Distributors
Definitions

For the purpose of this Attachment:
"Legal Information" / "Data" means the information or data held by the database of:
• the Austrian Ministry of Justice official Business Register Database – the Austrian National Business Register. Information Provider: Telekom Austria AG,
• Bolagsverket - the Swedish National Business Register,
• INPI (Institut National de la Propriété Industrielle) - Registre National du Commerce et des Sociétés - INPI (National Institute for Industrial Property) – the French National Business Register
• the Latvian State Enterprises register – the Latvian National Business Register - Information Provider: Lursoft IT,
• Patentti- ja rekisterihallitus (PRH) – the Finnish National Business Register,
• the Registre National du Commerce - the Belgian National Business Register - managed by the "La Banque Carrefour des Entreprises” – Information Provider: Coface Services Belgium
• the United State Register of legal entities and individual entrepreneurs - the Ukrainian National Business Register - Information Provider: State Enterprise "Information Resource Centre"
• Verband der Vereine Creditreform e.V – a private operator of a company database, providing German Business Information

(hereinafter collectively referred to as “the Databases”)
"Information Provider", or collectively, "Providers" means the ISA Participant which processes the data from one of the national Databases listed in the previous paragraph, and has the right to provide that same data to a Participant within the EBR Network as stated within the ISA agreement.
“EBR Products” means aggregated Legal Information/Data, originating from the Databases listed above in this Attachment, structured in:
• standardised EBR results lists and reports and / or
• strictly national products (like annual accounts) available via the EBR Network (as defined below).

"EBR or EBR Network" means the service through which the EBR Products and / or strictly national products are requested, delivered and retrieved.
“Distributor” means an external Distributor, outside of the ISA Agreement and the EBR Network.
“End User” means a Customer of the Distributor that is using the EBR Data supplied for personal use only.
Preamble:
These Terms of Usage and Sales in respect of Third Party Distributors are in principal common and valid for all Providers comprised by these terms. However, due to differences in national legislation etc., specific for a certain country, some terms are particular for one or more Providers. Therefore, the ISA Participants and their Users will notice that the conditions below are specific for a certain country where so is indicated.
When accessing or selling Information from the Swedish National Business Register, the Distributors and their Users are obliged to conform to 4 d only .
Scope:
The purpose of this Attachment is to replace the former individual sets of National Sales Conditions, previously issued by the Providers listed above, with one set of conditions, common for all of these Providers. Therefore, the conditions stated in this document shall only apply in the contractual relationship between one of the Providers listed above and an ISA Participant that supplies information originating from that Provider and, in the next tier, its Distributors and End Users.
1 Preconditions for the providing of Information
a. The Providers will use their best efforts to build up the Databases and keep them up to date. However, under no circumstances shall the Providers be liable for any express or implied duty to achieve a given result.
b. The Data supplied to the Distributor or End User might be indicative only and furthermore uncertified depending on the legislation in the country in which the Database is established.

Therefore, the Distributor or End User will notice that:
French Data supplied to the User is, according to French legislation, indicative only. The Data supplied is uncertified, and the User is hereby on notice that only written hard copies supplied by INPI or by the Greffes des Tribunaux de Commerce (local French Business Registers from the Commercial Courts), duly certified by those bodies, have a legal value.

German Data, supplied by Creditreform, which is a private operator, is indicative only. Only documents, in the shape and form of hard copies, which are judicially recognized by court, have a legal value.
Information supplied by Lursoft IT is also indicative only.
c. The Distributor or End User has full responsibility to take all necessary measures to access the Data, mainly by using an adapted technical configuration, and to protect himself against intrusion or virus contamination.
d. The Distributor or End User will access the EBR Service via the Internet. Under no circumstances, shall the Providers be liable for any technical inability to access the service which may arise, whether as a result of phone failure, internet service provider, failure or shortage of power, and/or a problem originating in the Distributor’s or User’s technical configuration, etc.
e. A distributing Participant shall, upon request, notify an Information Provider about a specific Distributor of his, should this Distributor's share of the distributing Participant's
revenue exceed 5% of the Participant's total turn-over earned from the supply of the EBR-information.
2 Distribution rights
In the event of a sales contract being signed between an ISA Participant and a Distributor, the Providers grants to the latter a non-exclusive distribution right to buy EBR Products via the EBR network and to resell them. This is strictly on the basis that the ISA Participants, the Distributors and the End Users are bound by and adhere to these General Terms of Usage and Sales. Furthermore, this distribution right ceases at the same time as the before mentioned sales contract expires.
The distributing ISA Participant shall oblige the Distributor to incorporate this General Terms of Usage and Sales in his sales contract and to bind his client according to the aforesaid conditions.
The Providers reserve the right to restrict the access to their respective Databases in the event of unlawful use of the data or restrictions impelled by legislation, governmental or administrative order.
3 Access
The distributing ISA Participant is not allowed, in its Sales contract with the Distributor, to guarantee an access to the EBR Products via the EBR Network above the minimum common timeframe as this is defined in the ISA Agreement, Attachment 3, Service Level Definition, Article 3.1.
The distributing ISA Participant has the responsibility to inform the Distributor in case of service interruption from a Provider, due to necessary system maintenance or to an unplanned and spontaneous service interruption outside the Provider’s control.
4 Specific usage conditions
a. The distributing ISA Participant and hence, in the next tier, the Distributor, has the duty to ensure that the EBR Information supplied through the EBR Products is presented as such and is readily recognisable as such by the End User.
b. To this purpose, every set of EBR Information supplied by the ISA Participant shall be graphically presented as to be unequivocally recognisable, and identified:
   o with the EBR logotype,
   o with the name of the original Information Provider of each set of data as a source,
   o with the sentence: "The following set of information is provided by the European Business Register".
c. The distributing ISA Participant is obliged to ensure that the Distributor undertakes not to - in any way – store EBR Information or Products on its own or third parties' databases for any further usage. Temporary storage of the foregoing is allowed only for the purpose of answering a query of a specific End User, and in such event for no longer than the period of the time needed for the ongoing session with that End User.
d. When purchasing Data from France:

The Distributor is - by the Sales Contract signed with an ISA Participant - allowed to market and sell EBR Products. However, the distributing ISA Participant is obliged to include in its Sales Contract that the Distributor is only allowed to market and sell the before mentioned EBR Products as they are to End Users.

This means that the Distributor is not allowed to - in any way – alter the content or the context of the EBR Information and Products supplied. Furthermore, integration of EBR Information and / or EBR Products into wider or different products or services shall also be deemed to constitute an alteration of the EBR Information / Products and is consequently prohibited.
e. When purchasing Data from every Information Provider comprised by these General Terms of Usage and Sales:
The distributing ISA Participant is obliged to ensure that the Distributor undertakes to treat, as well as to oblige the End User to treat, any EBR Information purchased in such a way that the integrity of any person registered in any of the Databases defined above is protected in accordance with the Directive 95/46/EC of the European Parliament and of the Council of 24th October 1995 on the protection of individuals with regard to the processing of personal data and on the free movement of such data as well as any corresponding implementations of this Directive into national legislations of Member States.
f. After the termination of its contract with the ISA Participant, the Distributor shall no longer have any right to use the EBR logotype or to describe itself as a legitimate reseller of EBR Information and Products through EBR, and shall immediately cease use of that logotype and of such description.
5 Liability
a. The Providers will be liable according to the statutory legal provisions for any damage that is caused by a deliberate or grossly negligent act.
b. The liability of the Providers shall be limited to the maximum degree of damage which has to be expected as for the kind of contracts herewith negotiated in the case of a fundamental breach of its contractual duties.
c. When purchasing Data coming from Belgium, Finland, France and Latvia: Under no circumstances, shall the Providers be liable to the User for any loss or damage, whatever its nature (in particular a loss of business, a data loss or other financial loss) resulting from the use of the tools provided by EBR and the Providers, in connection with the supply of Data to the User via EBR.
d. When purchasing Data coming from Belgium, France and Latvia: Under no circumstances, shall the Providers be liable to the Distributor for any loss or damage arising from any fault, interruption or cessation of service occurring through any necessary maintenance or repair to the system.
e. A claim for compensation emerging from the providing of incorrect Data shall be settled in accordance with Article 9 in the ISA-agreement.
f. Any further liability of the Providers is excluded.
g. The Distributor or User is liable towards the Information Provider for any damage caused in relation to any non-authorised communication, duplication, redistribution in violation of the provisions stated in the ISA Agreement or this Attachment, incorporation, modification or alteration of the data, as this is stated within the ISA Agreement or in this Attachment, including, but not limited to, fault or negligence on the part of the User.

Furthermore, the Distributor or End User is liable towards the Information Provider for any damage caused in relation to a breach of the provisions stated above in 4 d or 4 e.