CALMS GENERAL CONDITIONS AGREEMENT AND POLICY OF PROTECTION OF BUSINESS DATA


GENERAL CONDITIONAL AGREEMENT



CALMS website server owner (Provider)
The CALMS website server owner and administrator (Provider) of www.calms.com and www.calms.eu is

HPE d.o.o., Dolenjska cesta 83, 1000 Ljubljana, Slovenia Europe E: info@calms.eu

and

CALMS Air Inc, 19 West 34th Street, NY10001 New York, USA, E: info@calms.com



General conditions agreement
By using the CALMS website, the user agrees to the CALMS general conditions agreement and Policy of Protecting of business data and accepts them.


Data accuracy
Provider strives to provide the most precise and current data on its website server, however, the website text is informative, therefore it is not liable for their accuracy. Data provided by CAEMS devices and CALMS mobile devices depend on installation and setup from third party and are not responsibility of the provider, as well as reports, alarms generated by those data. Users interpret the contents on their own responsibility.



Limitation of liability
Neither Provider nor any other legal or natural person involved in the creation of this website server is responsible for any temporary disruption to this website, any possible information inaccuracies, or any damages that result in using inaccurate or incomplete information. Provider is not liable for any damage or inconveniences that result from the existence of this website server, from accessing to and/or using and/or inability to use information on this website and/or for any flaws or deficiencies in their contents, regardless of whether they have been notified on the possibility of such damages.

Since the Provider’s website server receives data from external devices and features certain links to websites that are not in any way connected to the Provider and over which Provider has no control. Provider cannot guaranty for them nor receive or transmit complaints about the accuracy of the content on any of the data or websites that are linked or referenced and is not responsible for data protection on these websites.



Personal data protection
The administrator may use and process the user’s personal data that are submitted when visiting the Provider website in accordance with the applicable regulations on personal data protection (Personal Data Protection Act ZVOP-1).

In accordance with ZVOP-1, the administrator may process personal data upon the user’s personal consent. Personal consent is the individual’s voluntary statement that their personal data may be processed for a certain purpose and is given based on information provided by the administrator. The individual’s personal consent can be written, oral, a click on a dialog box allowing cookie use, subscription on CALMS / CAEMS application , or other applicable user consent forms.

For personal data protection purposes, the administrator will implement organizational, technical, and other appropriate procedures and measures to prevent unauthorized data deletion, change, loss, or unauthorized processing. As the web portal features certain links to other websites that are in no way connected to the provider, the administrator does not assume liability for data protection on these websites. The administrator is also not responsible for any mistakes that result in submitting false data upon registering at the portal website.



Cookies
The cookies we install on your browser enable us to run all the website functions, adapt certain contents to you, and improve our website with page analytics.

You can opt out of using the cookies. In that case, the website will not load any permanent cookies to your browser apart from our own cookies we use for the page analytics. By opting out, you may not be able to view the entire page properly.

The website uses the following elements of other providers that also use cookies:

Facebook button, Tweeter button, and Google button.


Changes to general conditions
The administrator reserves the right to change or add to the general conditions for the web portal at any time and without prior notice. The user will be notified on any changes to the general conditions with special pop-ups that will appear when accessing the website.






POLICY OF PROTECTION OF BUSINESS DATA


1. Article



Parties are finding initially as undisputed, that:



- Provider (CALMS) provides internet based application located on cloud server as a service for Customer (Partner or End-user) for Compressed Air leak management and energy management

- Provider and customer want to cooperate, that is why they want to establish confidentially relationship, and they conclude this policy with intention to prevent unauthorized disclosure of confidential information.

- All information that customer will put on internet application will be shown only to customer users with password protection.

- All data are located on secured web cloud database, with access for users that are confirmed by the customer .

- Data related to CALMS or CAEMS can be deleted anytime by customer assigned user only without provider notice. When data are deleted they will be completely removed from server database and backup – so no restore possible.

- This policy is covering relationship between Provider (CALMS) and his customer only and does not cover confidentially relationship between Partner and his End-user.





2. Article



Expression “Confidential information” means all technical, business, scientific and other data, procedures, documents and other information stored on provider web server and all physical objects of CUSTOMER or PROVIDER, and their business partners (including and without restraints, examples and patterns, with a service, marketing or promotion of any CUSTOMER or PROVIDER product), that were or will be revealed to “Receiving Party” or his connected societies, representative connected with prior mentioned business cooperation, either before or after conclusion of this policy. “Confidential information” means and contain also all copies, summaries, records, descriptions, changes and additional copies above mentioned data, procedures, documents, other information or physical objects, received from “Disclosing Party”. The fact that “Disclosing Party” does not mark these information as confidential, does not mean, that such information are not actually considering for confidential. Information that generally considers as confidential will stay confidential, regardless of such mark. If the “Receiving Party” will be in doubt about confidentiality of any of “Confidential information”, the mentioned Party will inquire in written form about that at “Disclosing Party”, who will answer about confidentiality in fifth (5) workdays after receipt written request. Confidential information means also technical solutions to making of a valve, defined in 1.article of this policy.

Expression “Receiving Party” means party, which is receiving or in any way otherwise gains confidential information from “Disclosing Party”.

Expression “Disclosing Party” means party, which is disclose confidential information to “Receiving Party”.

Expression “Connected society” means any legal person, partnership or person that is in property of “Receiving Party” or in which the “Receiving Party” supervises 25% or more of her capital or rights to vote or is on such a position otherwise, that can efficiently accepts decisions about direction from side of “Receiving Party” or in her behalf or is under common supervision with the “Receiving Party”.

Expression “Representatives” means managers, employees, consultants, advisers and subpolicyors of “Receiving Party” and her connected societies.

Expression “Subpolicyor” means head, consultants, employees and outside cooperators at subpolicyors by policying parties.



3. Article



“Receiving Party” obligates herself with this policy, that it will permanently, from receiving date of confidential information, in accordance with this policy, treated confidential information like top secret and she will uncover them to no third and unauthorized person, party or customer, without previous written consent of “Disclosing Party”. She will not also use revealed confidential information as well, including solutions for making products, for own production or any other production, except in case of explicitly written permission of “Disclosing Party”, against payment a suitable money compensation.



“Receiving Party” will be using confidential information exclusively for intentions and needs of mutual cooperation, considering previous paragraph of this article.



4. Article



“Receiving Party” will secure on her own costs and do all in accordance with valid legislation necessary and reasonably, that it will assure “Confidential information” any protection of confidentiality, that valid legislation allows her, which without restraints includes also consideration of duty of limited disclosure of confidential information when and if the competent state body will demand their disclosure, in accordance with valid regulations.



5. Article



“Receiving Party” agrees, that it will limit a disclosure of “Confidential information”, which it received from the “Disclosing Party” round this policy, only on those “Representatives” for which it consider that necessary, because of fulfilment of intentions and realization of object of policy from mutual cooperation, mentioned in first article of this policy and only after when “Representatives” obligated themselves, that they will, with valid legislation, consider obligations that the “Receiving Party” took on the basis of this policy.



“Receiving Party” must take care of conclusions of suitable written policy’s about protection of confidential information with “Representatives”.



6. Article



Regardless of above mentioned obligations, protecting business secrets will not apply to “Confidential information”, for those information, where “Receiving Party”, can present written evidence:



that these information have been in their property, or these information have been known to the side otherwise, or they have been in public domain before they were disclosed by “Disclosing Party”, to the “Receiving Party”;

that these information have entered in common knowledge in field or public, without policy being violated and without blame on “Receiving Party”, or its connected companies or representatives;

that these information have been published in public by “Disclosing Party” or its connected company;

that these information have been given at disposal of “Receiving Party”, by third party, which thereby didn’t violate its obligations about business secrets;

that these information have been developed by “Receiving Party” independently and without reference on “Confidential information” from this policy.



Burden of proof that “Confidential information” belongs to one or more of these exceptions, lies on “Receiving Party”. In case any part of Confident information belongs to these exceptions, the other part of “Confidential information” still counts as confident.



7. Article



All “Confidential information” and “confidential material” are and remain property of “Disclosing Party”.



On written request by “Disclosing Party”, the “Receiving Party” obliges itself immediately to return all “Confidential information” to “Disclosing Party”, received by latter, as well as all the copies, and they will not be used, nor directly nor indirectly. This also holds for all the data, contained in these “Confidential information”.



8. Article



No stipulation from this policy, or disclosure of information by the “Disclosing Party” to the “Receiving Party” in accordance with this Policy, will not result in transferring the rights from intellectual property, including patents, trademarks, copyrights, business secrets or other rights on “Receiving Party”. In the same way it will not result in granting of license or transfer of rights, legal address or interest on “Confidential information” on “Receiving Party”, nor will on some other way form partnership, joint investment or other business relationship, nor will in any other way oblige sides to make such a policy, unless it is otherwise agreed in written form. “Disclosing Party” reserves the right to protect his rights regarding such patents, copyrights, trademarks or business secrets.







10. Article



Both parties bind up all dispute from this policy and connected to this policy to resolve consensually. In case this will not be possible the court in Ljubljana has the jurisdiction. The rights and obligations are to be judged in accordance to Slovenian legislation. In case the court establishes any stipulation from this policy to be illegal, non-executable or invalid, all other stipulations remain completely valid and executable.



11. Article



This policy represents the whole agreement between parties regarding here treated object of policy. It can be changed or supplemented only with written agreement, signed by both parties. No stipulation from this policy will be treated as cancelled through treatment or approval of both policy parties, their representatives or employees, but only in written form and signed by authorized persons from policy parties. No cancellation of any stipulation of this policy does not mean cancellation of any other stipulation (or other stipulations) or the same stipulation at any other opportunity.









12. Article



Policy is made for undefined time and lasts without regard about change or cessation of business relationship of parties. This policy is binding also for legal successors and assignees.







13. Article



Policy is concluded with company or other legal person when he or she (user) signs in the internet application CALMS and gets confirmation and password for the application.



Policy completely binds customer - company or legal person and provider about all its provisions.





14. Article



All sections of this policy, connected to rights and obligations of both parties concerning confidential information, revealed in time of validity of the policy, are valid also after the policy is terminated.



Date: 01.06.2018














PRIVACY POLICY



This privacy policy manages the collection, storage and processing of personal data which Provider (CALMS) is collecting from you once you subscribe to contents, such as newsletter, invitations to events, publications, compressed air leak and compressed air energy data collected by CAEMS devices and other CALMS products.


The personal data managers as defined by the General Data Protection Regulation (GDPR) of the European Union are:



HPE d.o.o., Dolenjska cesta 83, 1000 Ljubljana, Slovenia Europe E: info@calms.eu

and

CALMS Air Inc, 19 West 34th Street, NY10001 New York, USA, E: info@calms.com









PERSONAL INFORMATION AND THE PURPOSE OF PROCESSING PERSONAL INFORMATION

If you wish to receive contents from Provider (newsletter, invitations to events, publications and other Provider products), please fill out the registration form at the Provider website or purcahse CAEMS or CALMS product. By filling out and confirming this the registration form, you will submit the following contact details to Provider:

Name and Surname

E-mail address

Company



Contact details submitted when filling out or submitting the form/order/application/registration are needed for processing your order and for communication regarding specific newsletter, events, publications and other Provider products to which you are subscribed. In case you do not provide the requested contact details, we will not be able to process your order and you will not be able to use the benefit of newsletter, events, publications and other Provider products.

Provider respects your privacy and is committed to being as diligent as possible regarding the collection, storage and processing of your personal data, and to always working in accordance with the current personal data protection regulation.

In order to prevent unauthorised access or disclosure of acquired data, to preserve the correctness of personal data and to assure that they are properly used, we are using suitable technical and organisational procedures for the protection of data we are collecting. Provider cannot exclude potential data abuse because internet is an unpredictable medium, despite all security measures and secure communication protocols.

CONSENT

Personal data submitted when registering for the newsletter, events, publications and other Provider products are processed with your clear and unambiguous consent based on Article 6 (1), (a) General Data Protection Regulation (GDPR). We also process information about opened received messages and clicks on links in received messages in order to improve the quality of our products and services, and for statistical purposes regarding e-mails that we send you.

You can withdraw your consent at any time by clicking the “Unsubscribe” link which is located in the footer of each message received from Provider, or via e-mail at the following address: info@calms.com. In case your consent is withdrawn, we will no longer use your personal data for informing you about Provider contents (newsletter, events, publications and other Provider products). Potential withdrawal of the consent does not affect the legality of your personal data processing in the period before the withdrawal was submitted.

YOUR RIGHTS

In accordance with the provisions of the General Data Protection Regulation of the European Union, you have the right to access your personal data, the right to modification, deletion, transferability, the right to request limitation of data processing and the right to object.

Please contact our authorised person for data protection regarding all your rights and for additional information, they are available at info@calms.com. We will process your application and respond in accordance with the GDPR.

PERSONAL DATA RETENTION PERIOD

Provider keeps your personal data as long as it is necessary for the purpose of sending you the content (newsletter, invitations to events and other Provider products) to which you subscribed. In case you no longer wish to receive content from Provider and you decide to unsubscribe or in case you withdraw your consent for processing of personal data for this purpose, we will block your data in the system and will no longer use it for this purpose.

Cookies

WHAT ARE COOKIES?

A cookie is a file that stores website settings. Websites store cookies in devices used by users to access the internet with the purpose of identifying individual devices and settings users used during access. Cookies provide recognition if users already visited this website and advanced applications use them to adapt specific settings to users. Their storage is fully controlled with the browser of the user – they can limit or disable cookies.

WHY ARE COOKIES NECESSARY?

Cookies are essential for providing user-friendly web services; most common e-commerce functions would not be possible without cookies. The interaction between the user of the web and the website is faster and simpler with the use of cookies. The website uses cookies to remember individual preferences and experience, making browsing the websites more efficient and pleasant. There are several reasons to use cookies. They are used for storing data about the situation of an individual website (details on adaptations of individual websites), they facilitate website services (i.e. online stores), they help to collect statistics about users and website visits, about the habits of website users etc. Cookies facilitate the assessment of design efficiency of our website. You can also read the guidelines of the information commissioner on the use of cookies about the recommended and allowed use of cookies on website. They are available here

Cookies used on our website do not collect your personal data which could be used to personally identify you and they cannot harm your computer, tablet or mobile phone. Cookies facilitate the operation of our website and help us understand which information is most useful to visitors.

NOTIFICATION

By using this website, you agree that this website will add cookies to your computer or mobile device.

MANAGEMENT AND DELETION OF COOKIES

If you wish to modify how the cookies are used in the browser, including blocking or deletion, you can do this by suitably modifying browser settings. Most browsers have the option to accept or reject all cookies, you can accept only a certain type of cookies or receive a warning that a website wants to save a cookie. Cookies saved by your browser can also easily be deleted. If you change or delete a cookie file in your browser, if you modify or upgrade your browser or your device, you will also have to disable the cookies again. The procedure for the management and deletion of cookies is different in each browser. If you need assistance, you can check the help files of the browser