TERMS AND CONDITIONS

Website terms and conditions

Welcome to Europaproperty’s website (hereafter the “Website”)

Please read the following Terms and Conditions of Use before using this Website.

Because the Terms and Conditions of Use may change from time to time at our sole discretion, we recommend that you check for updates, modifications or revisions periodically, as you will be bound by such modifications. If you do not accept and abide by these Terms and Conditions of Use, you should not use the Website. Nothing in these Terms and Conditions of Use shall be deemed to confer any third-party rights or benefits.

  1. Legal terms

The Website is fully and exclusively owned by EuropaProperty part of Kitbridge Media

KRS 0000787984
Tax ID 5252790783
Regon 383 447 247
Share capital PLN 5,000.00
Legal form LIMITED LIABILITY COMPANY
Address ul. KALEŃSKA 5 / —
04-367 WARSAW
MAZOWIECKIE

 

  1. Access to the Website and Security

Access to the Website services is only allowed by the interface that is provided by Europaproperty for use in accessing the said service.

Users must be aged at least 16 years to register on the Website or subscribe to newsletters.
– Note to parents:
Parents should supervise the online activities of their children and we encourage them to use a parental control tool available, especially online, to help them give their children a secure environment. These tools include the ability to deter minors communicating online their name, address and other personal information without parental permission

Europaproperty reserves the right to modify or discontinue, temporarily or permanently, part or all of the services. Such changes shall be posted on the Website itself, no specific prior notice being imposed on Europaproperty.

You shall have continuous and uninterrupted access to the Website, save in the event of force majeure or events beyond Europaproperty’s control and subject to any technical faults or work, maintenance or upgrades required for the smooth running of the Website.

The Website uses a secure server to protect data. To the extent that the Website offers secure server software, it is used to encrypt the information exchanged between your Web browser and the Website. This measure ensures the security of your transactions when you use the Website. We follow strict security procedures when filing and using the information you supply, and may request proof of your identity before supplying you with information.

As a tradeshow’s participants (visitors, exhibitors and their affiliates, journalists, conference participants) (hereafter “Participants(s)”) or sales representatives, you access the Website or the Online Community using a personal, confidential and non-transferable username and password (hereinafter the “User ID”). Use of the User ID is strictly reserved to you. You are responsible for maintaining the confidentiality of your password and abstaining from communicating it to any other person.

You are fully responsible for connections to the private part of the Website and shall bear all the consequences arising there from, in particular in the event of the introduction of a computer virus, Trojan horse, computer worm or IT vulnerabilities. To this end, you undertake not to download any virus or other malicious codes.

You shall immediately inform Europaproperty of any loss, misuse or fraudulent use of all or part of the User ID.

Europaproperty disclaims all liabilities for inaccuracy of your personal data and in case of theft, loss, misuse, communication, fraudulent use of your login and password arising from your failure to comply with the above.

  1. Content of the Website and Use of the Content

The content of the Website and in particular, without limitation,:  the architecture and the data of any kind whatsoever texts, illustrations, figures, graphics, icons, images, logos, website design, photos, maps, music, video recordings, software, trademarks, trade names,  databases (hereinafter the “Content”) are protected by authors’ rights, trade mark law and any and all other intellectual property rights and are the property of Europaproperty or the third parties that authorised it to exploit them.

EuropaProperty & EP symbol are trade marks Kitbridge Media SpZoo, used under license.

By using the Website, you represent and warrant:

  • Not to reproduce all or part of the Website on any other website whatsoever and/or on any company in-house network.
  • Not to reproduce, extract, summarise, modify, translate, alter or distribute to third parties the Content and in particular the databases, whether in whole or in part, without Europaproperty’s prior express consent.

Any other form of reproduction or display of the Content and in particular database, logos or trademarks without Europaproperty’s prior express consent, shall, in particular, constitute an act of infringement or of unfair competition, as the case may be, and will be sanctioned accordingly.

The Website allows Participants to post comments and upload some information they wish to present to other Participants about them, their activity, photographies, names, addresses, telephone, fax numbers, e-mail addresses, music, pictures, texts, videos and/ or any other data related to their professional activities on their profiles: personal profile/company profiles/products profiles (including catalogues & services), and to access to other Participants’ profiles, in order to allow Participants to make commercial contacts. Each above mentioned data belongs to the Client who has uploaded it directly or indirectly.

By using the Website, you represent and warrant:

  • Being responsible of all content that you upload, post, email, transmit on the Website.
  • To make use of personal data of other Participants in the Online Community in a good faith manner in compliance with (i) the French and European Data protection and Privacy Laws and Regulations (notably GDPR) and (ii) the standards of Netiquette and conduct of business dealings in terms mutually approved by the concerned Participants.

In particular, you will not transmit and/or send spam(s), unsolicited advertising or promotional materials, or chain letters, contrary to bona fide commercial prospecting and contacts to Participants.

Commercial use of Participants’ personal data made available in the course of the Online Community and not expressly agreed by the concerned Client is formally prohibited and subject to court action for remedy.

The Participants is fully liable for conforming with applicable rules, more specifically those set forth in the French and European Data protection and Privacy Laws and Regulations (notably GDPR) , regarding the transfer of personal data of Participants to third countries.

  • You are the owner or authorized licensee of the uploaded data throughout the world, have obtained all necessary rights, clearances, consents, releases, waivers, and authorizations in respect of the uploaded data and you have uploaded all necessary and accurate related information, name, credit and will immediately deliver to Europaproperty upon request all the relevant agreements.
  • By posting your content on, through or in connection with the Website, no laws are breached relating to privacy, image rights, authors’ rights, trademarks or any other rights held by any person or legal entity. In particular, you may not :
    • Defame, abuse, harass, threaten, compromise trade secrets or confidential information of any third party or otherwise violate the legal right of others;
    • Publish, post, upload, e-mail, distribute, or disseminate any inappropriate, profane, defamatory, infringing, obscene, indecent, or unlawful content;
    • Transmit and/or send files that contain viruses, corrupted files, or any other similar software or programs that may damage or adversely affect the operation of another person’s computer, our Website, any software or hardware, or telecommunications equipment;
    • Download any file and especially music and video files, that are only online for private free streaming listening and, more generally, download any file without having been expressly and previously authorised by Europaproperty to that purpose, being specified that Europaproperty has no obligation to consent to this;
    • Falsify or delete any element of the Website apart from those appearing on your own profile as Participants;
    • Restrict or inhibit any other user from using our Website, and more generally interfere with or disrupt our Website, server, or network;
    • Engage in any illegal activities.

According to Polish Law of 21 June 2004 “concerning confidence in digital economy”, the DMCA (Digital Millenium Copyright Act), the EUCD (European Union Copyright Directive) as of May 22, 2001, Europaproperty reserves the right to take down any presumed infringing or unlawful content, without any prior notice, at its sole discretion and without having its responsibility engaged in any manner, to suppress any data, music, video or other information uploaded directly or indirectly by Participants or to make them inaccessible, as soon as Europaproperty is informed or aware that these data, music or other information may considered as illicit.

Therefore, if you believe that your rights have been violated and especially your intellectual property rights by any material on our Website please provide us the following information:

  • If you act as a natural person: your first and last name, profession, personal address, nationality, date and place of birth;  or if you act as a company: the legal form of the company, denomination, corporate headquarter and the official organ that legally represents the company;
  • A description of the right that you claim as having been infringed;
  • A description of where the material or content that you claim as being infringing is located on the Website;
  • A copy of the correspondence you have addressed  to the author or editor of the litigious information or activities requesting their interruption, their withdrawal or their modification, or a justification that this company could not be contacted;
  • A statement that you have a good-faith belief that the use you pretend being unlawful is not authorised by the relevant and applicable Law, copyright or other intellectual property rights owner and that you swear under penalty of perjury that the information in the notification is accurate and that you are the concerned person, the copyright or intellectual property owner or are authorised to act on the owner’s behalf;

To the following contact:  admin@europaproperty.com

It is often difficult to determine whether your intellectual property rights have been violated. We may request additional information before we remove any infringing material. We may provide the alleged infringing party with your e-mail address so that that person can respond to your allegations. If a dispute develops as to the correct owner of the rights in question, we reserve the right to remove your content along with that of the alleged infringer pending resolution of the matter. If your materials have been removed based on the complaints of another party, Europaproperty will provide you with notice if your materials are removed due to alleged infringement of a third party’s rights. We will also provide you with the e-mail address of the complaining party so that you may attempt to resolve the issue. We will restore your materials upon notification from the complaining party that the dispute has been resolved.

More generally, Europaproperty reserves the right to terminate, restrict, limit or suspend anybody’s access and use of the Website at its own discretion and for any reason and especially in the following circumstances, without limitation:

  • Client’s violation of the Terms and Conditions of Use;
  • Requests by law enforcement bodies;
  • Technical or security issues or problems;
  • Occurrence of a force majeure event.

You acknowledge and agree that Europaproperty shall not be liable towards yourself, your company, a Client which has been duly excluded from access to the Website as stated here-above and/or any third party for taking any of these actions or terminations for cause.

  1. Liability

You assume full liability for non compliance with the present Terms and Conditions of Use.

Europaproperty shall not be liable for any direct, indirect, incidental, special, consequential or exemplary damages, including but not limited to loss of profits, goodwill, data, resulting, inter alia, from (i) the use or inability to use the Website; (ii) the unauthorised access to or alteration of your transmissions or data; (iii) statements or conduct of yourself, other Participants and/or third parties in the course of accessing or using the services; interruptions of and difficulties in the operation of the services.

Europaproperty is watchful regarding the correct functioning of the Website and their peaceful use, but Europaproperty does not warrant their functioning without interruption or available error-free information and does not make any statement and warranty as for the content of the Website, especially concerning the data uploaded directly or indirectly by the Participants.

You hereby hold harmless and indemnify and will at any time hold harmless and keep Europaproperty, any of its officers, directors, owners, employees, agents as well as its information providers, affiliates, partners, other Participants and licensors fully and effectively indemnified from and against all actions, proceedings, claims, damages, costs and losses, liability, legal costs (including attorneys’ fees), expenses whatsoever made against or incurred by any connection to and use of the Website and in consequence of any breach or non-performance of any of the representations, warranties or covenants contained in these Terms and Conditions of Use, notably a violation of rights of Europaproperty or any third person or entity, including but not limited to copyright infringement, trademark infringement, or any damage or infringement in link with your connection to and/or use of and/or accessibility to the Website.

Europaproperty reserves the right, in case of its involvement in any matter for which it is sued due to a violation of rights caused by yourself as stated here-above, to assume its exclusive defence and control of the matter, at your own expense, and you agree to co-operate with our defence of these claims.

  1. Links

5.1       Links to Website

Europaproperty’s prior express written consent is required for a link to the Website from another website. This consent may be withdrawn at any time, with no requirement to give any reasons for its decision to withdraw its consent.

5.2       Link from the Website to other websites

The Website offers links to numerous other websites managed by other companies for convenience or information purposes only. Europaproperty may not be held liable as regards the content, products, services, advertising, cookies, computer code, or any other elements of these websites as well as for any damage or losses consecutive or in connection with the use of information, services or data available on these websites. These websites are separate and independent from the Website and do not constitute in any way an endorsement or validation of Europaproperty to their content. Europaproperty is not responsible of the collection and use of your personal data by those websites.

  1. Privacy and Cookies Policy

Europaproperty respects the privacy of every individual who visits the Website and hereby informs you on the terms and conditions under which data that we collect from you on the Website will be used, shared and otherwise treated. This Privacy and Cookies Policy will also instruct you on how you can verify the accuracy, and control certain uses, of the information you provide to us on the Websites. Europaproperty abides by the constraining Polish and European rules in terms of protection of personal data and privacy. Personal data processing carried out by Europaproperty in the framework of the Website has been notified to the Polish Data Protection Authority

6.1       Collection and use of your personal data

Europaproperty collects Users’ personal data when using the Websites, uploading Content in particular on the online database, registering for a newsletters or a tradeshow, or during their participation to the tradeshow (attended places or events, services operated). The data is processed by Europaproperty, in accordance with the following provision and the Privacy Policy for the purposes of carrying out its contractual obligations (notably customer’s data base management, events, services and ticketing management, invoicing and cash collection management) and promoting its activity. Such data is stored for a maximum duration of 10 years. This personal data can be:

  • integrated into the online database available to Participants to enable them to prepare the Event, promote their business and schedule their business appointments within the Event. In this respect, Participants undertake not to use the data for any other purposes. Europaproperty reserves the right to stop by any means any disturbance caused by any forbidden use of personal data;
  • transmitted to sub processors that have undertaken to comply with Data Protection Laws requirement such as companies belonging to the same group, in particular the companies of the RELX group, service providers and partners, who may be located outside the European Economic Area;
  • communicated to Participants, such as speakers, sponsors, exhibitors and sellers, who can be located outside the European Economic Area to carry out commercial prospecting; Especially, email addresses of buyers of MIPJUNIOR and MIPDOC programs can be communicated by Europaproperty to the sellers of these programs, once the program has been screened by the buyers, and this with a specific and limited purpose to allow the linkage between buyers and sellers.
  • used on all distribution and promotional media in connection with the relevant Event including over the internet;
  • processed for distribution and promotional analysis (profiling, targeting).

6.2       Your rights

As a data controller, the Organiser have implemented and maintain appropriate technical and organisational measures in such a manner that its processing of personal data meet the requirements of French and European Data Protection Laws and in particular GDPR.

Participants may exercise their right to access, obtain, correct and oppose the use of their personal data by writing to: admin@europaproperty.com

Please also note that once we receive your request, it may take up to 3 weeks to become effective.

In case of unsatisfied answer to Participants’ request, Participants may raise a complaint before the Polish National Data Protection Authority

6.3       Use of Cookies

What are “cookies”?
“Cookies” (also known as HTTP cookies, web cookies or browser cookies) are small pieces of data, which are stored as text files on your computer, whenever you visit certain websites. Their typical purpose is to help sites remember particular actions you may have done there in the past. For example, cookies may track when you have logged into a website, visited certain pages or clicked certain buttons.

The Website uses cookies to improve your user experience and even essential for certain features of a website.

For example, we use cookies to:

  • Remember when you have logged into a website.
  • Remember your user preferences, searches and favourites.
  • Track your usage of a website, via WebAbacus© and Google Analytics©.
  • Track the success of our marketing campaigns. Additionally, EP websites have a small set of carefully selected third-party providers.

These third-parties use cookies to:

  • Target more relevant advertisements to you (DoubleClick™, 6-degrees©)
  • Enable social media sharing (AddThis©, Facebook©, Twitter©, YouTube©)
  • Ensure better service delivery (Ooyala®)

Are cookies harmful?
Cookies cannot harm you or your computer. They cannot contain viruses, cannot install harmful software and cannot damage your computer in any way. Although Europaproperty uses cookies to gather encrypted information to improve your user experience, this information is never personally identifiable. We do not use cookies to store any sensitive information, such as name, address or contact details.

Despite this, if you do wish to disable or remove cookies, please see the “Help” section of your browser or mobile device. Each browser or device handles the management of cookies differently, so you will need to refer to your appropriate “Help” documentation. However, as mentioned, please be aware that cookies are essential for certain features of the Website to work properly.

Why are we telling you this?
The information provided here on the use of cookies on the Website demonstrates our compliance with recent cookie legislation. We also want you, as a valued Website user, to fully understand your privacy, how cookies affect you and to be entirely comfortable with your website experience.

We trust that this information eases any concerns you may have had about your privacy and safety with cookies. BY CONTINUING TO USE OUR WEBSITE, YOU AGREE TO BE SUBJECT TO THE TERMS OF THIS COOKIES POLICY AND OUR USE OF COOKIES AS DISCLOSED IN THIS POLICY.

What cookies do we use and why?
The list of platform cookies, used throughout our Website is available under Cookies setting link of the Website page.

The Website is regularly monitored in order to supply you with the best service and to meet your expectations. For this purpose, we consult the statistics relating to use of the Website and develop the Website on the basis of this data. User statistics are anonymous.

 

  1. Miscellaneous

We may be required to notify you of certain events. You hereby acknowledge and consent that such notices will be effective upon our posting them on our Website or delivering them to you through e-mail. We thank you to update your e-mail address. If you do not provide us with accurate information, we cannot be held liable if we fail to notify you. You have the right to request that we provide such notices to you in paper format, and may do so by contacting admin@europaproperty.com

All notices or other communications shall be given by email to the relevant party at the email addresses stated, for Europaproperty by contacting admin@europaproperty.com, and for you, in your personal profile of the Online Community.

If any clause is found null or invalid or may not be enforced under provisions of law or public policy, all other terms and conditions shall remain in full force and effect, and the invalid or unenforceable provision will be deemed replaced by a valid, enforceable provision that most closely matches the intent of the original provision.

You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of our Website must be filed within one (1) year after such claim or cause of action arose or be forever barred.

Please note that these Terms and Conditions of Use are governed by and shall be construed in accordance with Polish Law.

For any dispute arising in connection with the construction and/or performance hereof, and failing an amicable settlement, the parties submit to the Polish court of competent jurisdiction.

Update 15/10/2020