Terms and Conditions

    Introduction

    These terms and conditions (the “Terms and Conditions”) set forth the legally binding terms for accessing, using and visiting any and all web pages and related services and materials of the website http://www.clone.eurocrowd.org (the “Website”) of European Crowdfunding Network (ECN) AISBL. By accessing the Website, You (the “User”) unconditionally accept the present Terms and Conditions in their entirety. The Terms and Conditions are set out in three sections below:

    1. Use of ECN Material

    2. ECN Cookie Policy

    3. ECN Privacy Policy

    1. Use of ECN Material

    We encourage the use of our data, publications and multimedia products (sound, image, video, etc.), collectively, the “Material”. Unless otherwise stated, the Material is the intellectual property of ECN and protected by copyright or other similar rights. Some content in the Material may be owned by third parties. The User is responsible for verifying whether this is the case and, if so, securing the appropriate permissions from these third parties before using such content.

    1.1 No Association

    The User may neither represent nor imply that the ECN has participated in, approved, endorsed or otherwise supported his or her use or reproduction of the Material. You may not claim any affiliation with the ECN. For information about use of the ECN name, acronym and logo, please see Section IV below

    1.2 Reproduction and translation of the material

    Except for content governed by specific terms or as may be otherwise indicated on the specific Material, the reproduction and translation of the Material is authorised for commercial and non-commercial purposes within established limits. If you seek to reproduce parts of a complete work, either text or tables and/or graphs taken from a work, we apply European copyright laws, especially EU Directive 2001/29.

    For requests to reproduce parts of an ECN publications or a complete text or for requests to translate the complete text, please contact us via privacy@clone.eurocrowd.org

    Reproductions of short text passages, a maximum of non-consecutive 10% of an ECN publication, or individual tables and/or graphs from ECN publications as well as citations can be made without formal written permission provided You do not alter the Material in any way and You cite the source clearly as follows: European Crowdfunding Network (year), (Title), URL.

    In cases of translations of such extracts, You must include the following disclaimer: “This translation was not created by ECN and should not be considered an official ECN translation. ECN shall not be liable for any content or error in this translation.”

    Note: ECN does not allow posting of PDF files of its Material on any Internet sites, but You are welcome to link to the Material and, whenever the version is available, to share and embed it, in whole or in part, without the need to request permission from ECN.

    Certain content is governed by specific terms and conditions. Material licensed under a particular Creative Commons license (CC license) is governed by the specific CC license as well as any other conditions or restrictions as indicated on the particular Material.

    Adaptations — If You create an adaptation of ECN content, please add the following disclaimer along with the attribution: This is an adaptation of an original work by ECN. The opinions expressed and arguments employed in this adaptation are the sole responsibility of the author or authors of the adaptation and should not be reported as representing the official views of ECN or of its members.

    1.3 Data

    ECN may make data (the “Data”) available for use and consultation by the public. Data may be subject to restrictions beyond the scope of these Terms and Conditions, either because specific terms apply to those Data or because third parties may have ownership interests. It is the User’s responsibility to verify, either directly in the metadata or via the original source, whether the Data is fully or partially owned by third parties and/or whether additional restrictions may apply, and to contact the owner of the Data before incorporating it in your work in order to secure the necessary permissions. ECN in no way represents or warrants that it owns or controls all rights in all Data, and ECN will not be liable to any User for any claims brought against the User by third parties in connection with the use of any Data.

    1.4 Linking to ECN websites

    In order to promote our work, and because the distribution of links is an essential aspect of how the Internet functions, ECN encourages You to include hyperlinks to ECN websites without having to ask prior permission, under the following conditions. These hyperlinks must not:

    • infringe the ECN’s rights, in particular relating to its name, logo, acronym and intellectual property rights;
    • be used for the promotion of an organisation or company, or of any commercial products or services.

    Therefore, if You link to an ECN website, You must refrain from creating frames, or using other visual altering tools, around the ECN website.

    1.5 Linking and referring to ECN

    ECN encourages You to use its logo when linking or referring to ECN. All reproductions of the ECN logo must respect the current rules for use and the ECN corporate identity. Only the most recent version of the ECN logo should be used. The current and latest version can be found on the ECN website or can be obtained via email to info@clone.eurocrowd.org

    1.6 ECN logo for authorship and endorsement

    As stated above, You may not claim any affiliation with ECN. If You wish to use the ECN name, acronym, logo or other identifying symbol in a way that implies endorsement, partnership or authorship, You must obtain our written permission and agreement on how the name, acronym, logo or other identifying symbol will be used. Send your request to info@clone.eurocrowd.org. If permission is granted, it is only granted for the specific usage referred to in ECN’s reply; each new use requires a new request.

    1.7 Disclaimers

    All Material as well as any other information provided by ECN on the ECN websites or any other medium is provided on an “as is” and “as available” basis. ECN makes every effort to ensure, but does not guarantee, the accuracy or completeness of the Material (including the Data). If errors are brought to our attention, we will try to correct them.

    ECN may add, change, improve, or update the Material without notice. ECN reserves its exclusive right in its sole discretion to alter, limit or discontinue all or part of the ECN websites and/or any Material. Under no circumstances shall ECN be liable for any loss, damage, liability or expense suffered which is claimed to result from use of the ECN websites or the Material, including without limitation, any fault, error, omission, interruption or delay. In particular, and without limitation, ECN disclaims all guarantees as to the compatibility of the ECN websites with any hardware, operating system, web browser, or other means of accessing the ECN websites. Use of the Material or any ECN website or any component thereof (including the Data) is at the User’s sole risk.

    We make every effort to minimise disruption caused by technical errors. However, some Material on the ECN websites may have been created or structured in files or formats which are not error-free and it cannot be guaranteed that the ECN Websites will not be interrupted or otherwise affected by such problems. ECN accepts no responsibility with regard to such problems (failure of performance, computer virus, communication line failure, alteration of content, etc.) incurred as a result of using the ECN websites or any link to external sites.

    The ECN websites may contain advice, opinions and statements from external websites. Hyperlinks to non-ECN internet sites do not imply any official endorsement of or responsibility for the opinions, ideas, data or products presented at these locations or guarantee the validity of the information provided. The sole purpose of links to other sites is to indicate further information available on related topics.

    The mention of specific companies or certain products does not imply that they are endorsed or recommended by ECN preference to others of a similar nature that are not mentioned.

    1.8 Preservation of immunities

    Nothing herein shall constitute or be considered to be a limitation upon or a waiver of the privileges and immunities of ECN or of any related body or entity, which are specifically reserved.

    2. ECN Cookie Policy

    Effective since: 17 May 2018

    2.1 Cookie Policy

    ECN operates a strict privacy policy. We are committed to being transparent about the technologies we use, and we’ve outlined below how we use cookies when you visit our Website.

    Insofar as the information collected using cookies constitutes personal data, the provisions of the ECN Privacy Policy shall apply and supplement the ECN Cookie Policy.

    2.2 What is a cookie?

    A cookie is a small snippet of text that a website asks your browser to store. All cookies have expiration dates in them that determine how long they stay in your browser. Cookies can be removed in two ways: automatically, when they expire, or when you manually delete them. We’ve included more details below to help you understand what kind of cookies we use.

    2.3 Does ECN use cookies?

    Yes, with the primary purpose to make our Website work more effectively and to memorize various information in order to facilitate your navigation on a website/a mobile application, to ensure the smooth functioning of these or to make them more effective, for example by memorizing your language preferences.

    2.4 What kinds of cookies does ECN use and why?

    We may use different kinds of cookies for various reasons:

    • Essential cookies (strictly necessary) – These cookies are essential for browsing our Website or strictly necessary for the provision of a service specifically requested by a user. The removal of this type of cookies can lead to navigation difficulties and is therefore strongly discouraged.
    • Session cookies – these are temporary cookies that expire (and are automatically erased) whenever you close your browser. We use session cookies to grant access to content and things you have to log in for.
    • Persistent cookies – these usually have an expiration date of maximum 13 months and thus stay in your browser until they expire, or until you manually delete them. We use persistent cookies for functionalities like remembering login details, which makes it possible for registered users to return to the Website without having to log in. We also use persistent cookies to better understand usage patterns so we can improve the Website for our customers. This information is anonymized – when we look at the data, in other words, we look at patterns, but we do not see individuals’ personally identified information (PII).
    • Analytics cookies (statistics) – These cookies are used to gather information about your use of the Website, in order to improve the content, make it more suitable to your needs and increase its usability. For example, these cookies show us the most visited pages of the Website or help to identify difficulties that may be encountered during navigation.
    • Preference cookies (performance) – These cookies collect information about your choices and preferences and make your navigation more pleasant and personalized. These cookies make it possible to memorize the language chosen during your first visit to our Website in order to personalize it accordingly.

    2.5 What other cookies you might encounter on our Website?

    There are also limited third-party cookies on the Website. These cookies might be session or persistent type and are set by entities other than ECN. To ensure compliance with our policies, we restrict the use of third-party cookies to trusted partners of ECN. For example, we currently allow:

    • Social sharing – it allows you to share our articles through various social sharing networks like Facebook, Twitter or LinkedIn. Social networks providing a sharing button are likely to identify you with this button, even if you did not use this button when visiting our Website. We invite you to consult the privacy policy of these social networks by visiting their respective websites to learn the purpose of using the information collected through these sharing buttons.
    • Audience measurement and validation – We use services such as Google Analytics to better understand our audiences and what type of content interests them. It helps to improve the quality of our Website. No personally identifiable information (PII) is stored and site usage is always looked at on an aggregate (and anonymous) level.
    • ECN may also use cookies, web beacons and similar technologies, and/or a third-party ad serving software, to collect non-personally identifiable information about users of our Website and about activity that occurs within our Website, and we may use this information to, among other things, serve targeted advertisements on our Website. The collected information allows us to analyze how users use the Website and to track user interests, trends and patterns. We also may use third-party advertising companies to target and serve some of the advertisements that appear on our Website, and these companies likewise may use their own cookies, web beacons and similar technologies to collect non-personally identifiable information from users of our Website. The information collected by these companies does not identify you personally and does not include your name, address, email address or telephone number. These companies may use that information, sometimes in conjunction with similar non-personally identifiable information gathered from other websites, to deliver advertisements on this Website, and possibly on other websites (if the third-party advertising company operates an advertising network), tailored to match the perceived interests of consumers. The collection and use of information by these companies is governed by the relevant third party’s privacy policy and is not covered by our privacy policy.

    2.6 How can I configure, delete or disable cookies?

    You can easily delete, disable or accept cookies from our Website at any time by configuring your browser settings.

    Each browser (Internet Explorer, Safari, Firefox, Google Chrome, etc.) has its own cookie configuration mode. To learn about the procedure to follow concerning your navigator, visit the site: http://www.allaboutcookies.org/manage-cookies/.

    2.7 Will the Website work if I disable cookies?

    You can browse ECN with cookies disabled, though some interactions may not work.

    2.8 Why does the message explaining cookies keep appearing?

    If you close the banner and it reappears the next time you visit us, you most likely have cookies disabled. We use a persistent cookie to remember that you closed the banner, but this only works when cookies on our Website are enabled.

    2.9 Other questions?

    If you have other questions, contact us:

    EUROPEAN CROWDFUNDING NETWORK (ECN) AISBL, Rue Montoyer 51/7, 1000 Brussels, BELGIUM Belgian business registry (BCE) number: BE 0525.640.723

    3. ECN Privacy Policy

    Effective since: 17 May 2018

    3.1. GENERAL WARNING

    3.1.1 The EUROPEAN CROWDFUNDING NETWORK (ECN) AISBL (hereinafter, « ECN ») respects the privacy of its users (hereinafter, the “Users“).

    3.1.2 ECN processes the personal data transmitted to it in accordance with the legislation in force, and, in particular, Regulation 2016/679 of 27 April 2016 on the protection of individuals with regard to the processing of personal data and the free movement of such data, applicable from 25 May 2018 (hereinafter the “General Data Protection Regulation“).

    3.1.3 Access to the website http://www.clone.eurocrowd.org (hereinafter, the “Website”) implies the User’s full and unreserved acceptance of this Privacy Policy (hereinafter the “Policy”), as well as its general terms of service (hereinafter the “Terms”) and the cookie policy (hereinafter, the “Cookie Policy”).

    3.1.4 The User acknowledges having read the information below and authorizes ECN to process, in accordance with the provisions of the Policy, the personal data that he/she communicates on the Website.

    3.1.5 The Policy is valid for all pages hosted on the Website and for the registrations of this Website. It is not valid for the pages hosted by third parties to which ECN may refer and whose privacy policies may differ. ECN cannot therefore be held responsible for any data processed on these websites or by them.

    3.2. DATA CONTROLLER

    3.2.1 Simply visiting the Website shall take place without having to provide any personal data, such as first name, surname, postal address, e-mail address, etc.

    3.2.2 As part of the Service, the User may be required to provide certain personal data. In this case, the data controller is:

    EUROPEAN CROWDFUNDING NETWORK (ECN) AISBL Rue Montoyer 51/7, 1000 Brussels, BELGIUM Belgian business registry (BCE) number: BE 0525.640.723

    3.2.3 Any question regarding the processing of this data may be sent to the following address: privacy@clone.eurocrowd.org

    3.3. DATA COLLECTED

    3.3.1 By completing the order form on the Website and using the Service, the User allows ECN to record and store the following information for the purposes mentioned in point 4:

    • identifying data, such as the first name and surname, e-mail address and company delivery address, country;
    • invoicing information;
    • communications between the User and ECN;

    The User also authorizes ECN to record and store the following data for the purposes mentioned in point 4:

    • information voluntarily provided by the User for a purpose specified in the Policy, the general terms and conditions of sale (hereinafter the “GTC“), the Terms, the Cookie Policy, on the Website or on any other medium of communication used by ECN;
    • additional information requested by ECN to the User in order to identify him or to prevent him from violating any of the provisions of the Policy;

    3.3.2 In order to facilitate browsing the Website as well as to optimize technical management, the Website may use “cookies”. These “cookies” record, in particular:

    • the User’s browsing preferences;
    • the date and time of access to the Website and other data related to traffic;
    • the pages visited;

    All information relating to “cookies” is included in ECN’s Cookie Policy.

    3.3.3 When the User accesses the Website, the servers consulted automatically record certain data, such as:

    • the type of domain with which the User connects to the Internet;
    • the IP address assigned to the User (when connected);
    • the date and time of access to the Website and other data related to traffic;
    • the pages visited;
    • the type of browser used;
    • the platform and/or operating system used;
    • the search engine as well as the keywords used to find the Website.

    3.3.4 No nominative data identifying the User is collected through the cookies and servers consulted. This information is kept for statistical purposes only and to improve the Website.

    3.4. PURPOSES OF PROCESSING THE DATA

    3.4.1 The Website collects, stores and uses its Users’ data for the following purposes, in particular:

    • to establish, carry out and conduct the contractual relationship with the User;
    • to analyze, adapt and improve the content of the Website;
    • to provide the Service;
    • to allow the User to receive messages (for example for renewal notifications)
    • to facilitate the availability and use of the Website;
    • to personalize the User’s experience on the Website;
    • for any marketing activities and promotions proposed by ECN or sister companies to Users who have given their consent;
    • to inform them about any changes on the Website and its features;
    • for any other purpose to which the User has expressly consented.

    3.5. RIGHTS OF THE PERSON CONCERNED

    3.5.1 According to the regulations on the processing of personal data, the User has the following rights:

    • The right to be informed about the purposes of the processing (see above) and the identity of the data controller.
    • The right of access and verification of data: the User may, at any time, have access to the data that ECN has on him or check if he is included in the database of ECN. ECN asks the User to make this request by mail in order to be able to identify him with certainty (Please provide ECN your first name, surname, complete address and a copy of your identity card). ECN will thus be ensured that only the User accesses his data.
    • The right of objection: the User may, at any time, object to the use of his data by ECN and by its active partners (…) by sending his request to ECN by mail.
    • The right of cancellation and/or modification: the User may, at any time, notify ECN of corrections to the data concerning him and, where appropriate, request the deletion of his personal data.
    • The right of limitation of processing: the User may, in particular, obtain a limitation of processing when he has objected to the processing, when he disputes the accuracy of the data, or when he considers that the processing is illegal.
    • The right of transferability: The User has the right to receive the personal data that he has communicated to ECN and may also ask said company to send this data to another data controller.

    3.5.2 The User may, at any time, request access to his personal data, verify them, transfer them, and, in some cases, as aforementioned, limit their processing and rectify them, by writing to ECN accompanied by a copy of his identity card or passport to the following email address: privacy@clone.eurocrowd.org or to the postal address: Rue Montoyer 51/7, 1000 Brussels, Belgium.

    3.5.3 The User may also request rectification free of charge and, where applicable, request the deletion of all his personal data from ECN’s database – except those which ECN has a legal obligation to keep on record – and object to the use and, where appropriate, request the limitation thereof by sending a written request, accompanied by a copy of his identity card or passport, to ECN by e-mail: privacy@clone.eurocrowd.org or by mail: Rue Montoyer 51/7, 1000 Brussels, Belgium.

    3.5.4 ECN will then take the necessary steps to satisfy this request as soon as possible.

    3.6. DURATION OF STORING THE DATA

    3.6.1 ECN will keep the personal data of its Users for the duration necessary to achieve the objectives pursued (see point 4).

    3.6.2 ECN may also continue to keep personal data concerning the de-registered User, including all correspondence or request for assistance sent to ECN in order to be in a position to reply to all questions or complaints that may be sent to it after the order, and in order to comply with all applicable laws, namely with regard to taxes.

    3.7. COMPLAINT WITH THE SUPERVISORY AUTHORITY

    The User is informed that he has the right to lodge a complaint with the Commission for the Protection of Privacy via email: commission@privacycommission.be or mail: Rue de la Presse 35, 1000 Brussels, Belgium.

    3.8. SECURITY

    3.8.1 In order to guarantee optimal payment security, ECN uses the online payment service STRIPE, which meets high security standards.

    3.8.2 In addition, ECN has taken the appropriate organizational and technical measures to ensure a level of security adapted to the risk and that, to the extent possible, the servers hosting the personal data processed prevent:

    • unauthorized access to or modification of this data;
    • improper use or disclosure of such data;
    • unlawful destruction or accidental loss of such data.

    3.8.3 In this respect, employees of ECN who have access to this data are subject to a strict confidentiality obligation. Nevertheless, ECN may in no way be held liable in the event that this data is stolen or hijacked by a third party despite the security measures adopted.

    3.8.4 Users undertake not to commit acts that may be contrary to this Policy, the Terms of Service, the Cookie Policy or, in general, the law. Violations of confidentiality, integrity and availability of information systems and data which are stored, processed or transmitted by these systems, or the attempt to commit one of these violations, shall be punishable by imprisonment of between three months and five years and a fine of between twenty-six euros and two hundred thousand euros, or one of these penalties only.

    3.9. COMMUNICATION TO THIRD PARTIES

    3.9.1 ECN treats personal data as confidential information. It will not be communicated to third parties under any condition other than those specified in the Policy, such as to achieve the objectives set out and defined in point 4, or under the conditions in which the law requires it to do so.

    3.9.2 ECN may communicate its Users’ personal information to third parties to the extent that such information is necessary for the performance of a contract with its Users. In such case, these third parties will not communicate this information to other third parties, except in one of the two following situations:

    • the communication of this information by such third parties to their suppliers or subcontractors to the extent necessary for the performance of the contract;
    • where such third parties are obliged by the regulations in force to communicate certain information or documents to the competent authorities in the field of combating money laundering, as well as, in general, to any competent public authority.

    3.9.3 The communication of this information to the aforementioned persons shall, in all circumstances, be limited to what is strictly necessary or required by the applicable regulations.

    3.10. TRANSFER TO A NON-EU COUNTRY OR COMPANY

    ECN transfers data to a non-EU country only when that country provides an adequate level of protection within the meaning of the legislation in force, and, in particular, the Law of 8 December 1992 on protection of privacy and its executive orders, and Regulation 2016/679 of 27 April 2016 on the protection of individuals with regard to the processing of personal data and the free movement of such data, applicable from 25 May 2018 (hereinafter the “General Data Protection Regulation“), or within the limits permitted by the legislation in force, for example by ensuring the protection of data by appropriate contractual provisions.

    3.11. PAYMENT SERVICE

    3.11.1 The payment services integrated into the Website are provided by STRIPE at www.stripe.com and by PAYPAL at www.paypal.com

    3.11.2 The relationship between the User and STRIPE or PAYPAL is governed by the respective Privacy Policy available at the following address:

    • STRIPE: https://stripe.com/be/privacy which also includes provisions relating to the processing of personal data sent to STRIPE as part of its service, and for which STRIPE is the data controller.
    • PAYPAL: https://www.paypal.com/be/webapps/mpp/ua/privacy-full which also includes provisions relating to the processing of personal data sent to PAYPAL as part of its service, and for which PAYPAL is the data controller.

    3.11.3 When making a payment through ECN, the User declares that he/she has read, understood and accepted the respective STRIPE or PAYPAL privacy policy.

    3.12. DIRECT MARKETING

    3.12.1 The personal data may be used by ECN or its affiliates for direct marketing purposes for similar services than those to which the User has already subscribed.

    3.12.2 The User retains the right to object to such use at any time, upon request and free of charge. The User may simply communicate his request by writing to the following address: privacy@clone.eurocrowd.org

    3.13. NOTE CONCERNING MINORS

    Persons under the age of 13 and persons who do not have full legal capacity are not permitted to use the Website. ECN asks them not to provide their personal data.

    3.14. UPDATES AND CHANGES TO THE POLICY

    By informing Users through the Website, ECN may modify and adapt the Policy, in particular, to comply with any new legislation and/or regulations applicable (such as the General Data Protection Regulation applicable from 25 May 2018), the recommendations of the Belgian Privacy Commission, the guidelines, recommendations and best practices of the European Data Protection Board and the decisions of the courts and tribunals on this issue.

    3.15. VALIDITY OF THE CONTRACTUAL CLAUSES

    3.15.1 Failure by ECN to invoke – at any given time – a provision of this Policy, may not be interpreted as a waiver to subsequently make use of its rights under the said provision.

    3.15.2 The invalidity, expiration or the unenforceable nature of all or part of one of the above or below mentioned provisions shall not give rise to the invalidity of all the Policy. Any fully or partially invalid, lapsed or unenforceable provision shall be deemed not to have been written. ECN undertakes to substitute this provision with another which, to the extent possible, fulfills the same objective.

    3.16. APPLICABLE LAW AND COMPETENT COURT

    3.16.1 The validity, interpretation and/or implementation of the Policy are subject to Belgian law, to the extent permitted by the provisions of applicable private international law.

    3.16.2 In the event of a dispute relating to the validity, interpretation or implementation of the Policy, the courts and tribunals of Brussels have exclusive jurisdiction, to the extent permitted by the provisions of applicable private international law.