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Legal notice

Access to the website of Fundación AZTI – AZTI Fundazioa, (hereinafter, “AZTI”) and the information relating to any of the products, services or information contained therein implies submission to and acceptance of the conditions set out in this Legal Notice. We therefore recommend that you read its contents carefully if you wish to access and make use of the information and services offered on the AZTI website.

The conditions set out below are those in force as of the date of their last update. However, AZTI reserves the right to update, modify or delete the information contained on its website at any time, and may even limit or deny access to said information without prior notice, especially when technical difficulties arise that, in AZTI’s opinion, reduce or cancel the standard security levels adopted for proper operation.

1) Ownership of the website

FUNDACIÓN AZTI – AZTI FUNDAZIOA, is a Spanish foundation based in Sukarrieta (Bizkaia), Txatxarramendi Irla, no number, registered in the Register of Foundations of the Basque Country under number F-38, and with C.I.F. number G-48.939.508.

Contact: Telephone: [+34 94 657 40 00] Fax: [+34 94 657 25 55] / E-mail: [info@azti.es].

2) Privacy and personal data protection policy

As a general rule, the use of the AZTI website does not require users to disclose their personal data as a prior condition.

Notwithstanding the above, in those cases in which users require certain services and communicate their personal data to AZTI, this company guarantees the confidentiality of such data as well as compliance with Organic Law 3/2018, of 5 December, on the Protection of Personal Data and the guarantee of digital rights and its implementing regulations, adopting the necessary technical measures to maintain the required level of security.

Consequently, when personal data is collected through the AZTI portal by filling in a form, the user will be informed of the recipient of the information, the purpose for which the data is collected, the identity and address of the person responsible for the file to which their data is incorporated and the user’s right to exercise their rights of access, rectification, cancellation and opposition to the processing of their data by sending a written request to the following address: [Txatxarramendi ugartea z/g – 48395 Sukarrieta (Bizkaia)].

AZTI guarantees that the personal data collected on the forms are sent encrypted to prevent the information from being viewed by third parties.
In order to ensure that the information contained in our files is always up to date, we ask our users to inform us as soon as possible of any modifications or corrections to their personal data.

3) Industrial and intellectual property

All the contents of the AZTI website, including but not limited to texts, documents, photographs, drawings, images, icons, graphic representations, audiovisual or sound content, as well as its graphic design and source code, trademarks, trade names or other distinctive signs, are the exclusive property of AZTI or third parties and are protected by Industrial and Intellectual Property Laws, unless otherwise specified.

Consequently, the user must at all times respect all intellectual and industrial property rights on the AZTI website that are the exclusive property of AZTI or third parties.

4) Responsibilities

AZTI does not guarantee continuous access, nor the correct viewing, downloading or use of the elements and information contained on the AZTI website, which may be prevented, hindered or interrupted by factors or circumstances beyond its control.

AZTI is not responsible for the information and other content included in third-party spaces or web pages accessible from the AZTI website via links or hyperlinks, nor for the information and other content included in third-party spaces or web pages from which the AZTI website is accessed via links or hyperlinks, nor for the information and content of any third-party website that is presented under the appearance or distinctive signs of AZTI, unless expressly authorised by AZTI.

AZTI assumes no liability whatsoever in relation to the information, content of any kind, products and services offered or provided through the AZTI website by third parties or entities, even if they belong to the same economic group, and especially for damages of any kind that may occur as a result of the foregoing: (i) absence or deficiencies in the information provided to users or in its truthfulness, accuracy and sufficiency; (ii) breach or defective or unpunctual performance of contracts or pre-contractual relations; (iii) breach of the obligations incumbent on information society service providers; (iv) infringement of the rights of consumers and users; (v) infringement of intellectual and industrial property rights; carrying out acts of unfair competition or unlawful advertising; (vi) infringement of the right to data protection, professional secrecy and the rights to honour, personal and family privacy and personal image; and (vii) in general, non-compliance with any applicable laws, customs or codes of conduct.

AZTI assumes no liability whatsoever for damages, losses, claims or expenses caused by: (i) interferences, interruptions, failures, omissions, telephone breakdowns, delays, blockages or disconnections in the operation of the electronic system, caused by deficiencies, overloads and errors in the telecommunications lines and networks, or any other cause beyond AZTI’s control; (ii) unlawful interference through the use of malware of any kind and by any means of communication, such as computer viruses or any other means; (iii) improper or inappropriate use of the AZTI website; (iv) security or browsing errors caused by a malfunction of the browser or by the use of non-updated versions of the same.

In any case, the user of the AZTI website shall be liable for damages of any kind that AZTI may suffer as a result of non-compliance by the user with the obligations to which he/she is subject by this Legal Notice, or by the specific conditions applicable to it.

5) Security policy

It is strictly forbidden to create links to the AZTI website from third party websites without the express written authorisation of AZTI.
Access to the website does not imply any obligation on the part of AZTI to control the absence of viruses or any other harmful computer element. In any case, it is the user’s responsibility to ensure the availability of suitable tools for the detection and disinfection of harmful computer programs.

AZTI accepts no responsibility for any damage caused to the computer equipment of users or third parties during the provision of the portal service.

Some pages of the AZTI portal may use cookies. These cookies are not invasive or harmful, they simply inform the system of the configuration chosen by the user, but do not automatically recognise any data referring to the identity of the people who visit our website. If the user so wishes, he/she can refuse all cookies from the corresponding option of his/her own browser.

6) Applicable legislation and jurisdiction

These terms and conditions are subject to Spanish law.
For the resolution of any conflict that may arise from accessing the website, the user and AZTI expressly agree to submit to the courts of the city of Madrid, renouncing any general or special jurisdiction that may correspond to them.

Terms and Conditions of Use of the ENVIRODIGITAL Platform

IMPORTANT: These Terms and Conditions constitute a binding contract and contain relevant obligations, including payment obligations and limitations of liability. Please read them carefully and, if necessary, seek legal advice before agreeing to them.

1. Introduction What is ENVIRODIGITAL?

“AZTI FOUNDATION – AZTI FUNDAZIOA, with registered office in Sukarrieta (Bizkaia), Isla de Txatxarramendi s/n, with N.I.F. G-48/939508 (“AZTI”) has developed and manages through the website (envirodigital.eu) a platform (the “Platform”) through which users who register in it can make use of an online management tool for data collection, calculation and simulation of the environmental footprint of their respective products.

The basic functionalities of the Platform are

  • Collection of inventory data from all the stages that make up the life cycle of the production of a product based on the criteria set by the PEFCR “Product Environmental Footprint Category Rules” for each type of product.
  • Calculation of the sixteen (16) environmental impacts in accordance with the ILCD (International Life Cycle Data System) methods or those recommended in the PEF (Product Environmental Footprint) methodology.
  • Calculation of the single indicator ENVIROSCORE®.
  • Verification of the environmental footprint and ENVIROSCORE®.
  • Simulation of environmental improvement scenarios to identify impact reduction strategies.
  • Eco-design functionality to reduce the environmental impact of products in the final stage of packaging design.

The Platform allows food companies registered in the Platform (collectively, the “Members”) to collect data, calculate and simulate the environmental footprint impact of their respective products. The ultimate goal of the Platform is to enable and assist food business Members to calculate and reduce the environmental impact of their products throughout their life cycle.

2. How to become a member of the Platform?

In order to use the Platform, the interested party must open a user account and contract a user licence, and any user who registers on the Platform automatically becomes a Platform Member. Registration on the Platform must be done by applying for a user account in the customer area at envirodigital.eu.

Anyone registering, accessing or otherwise using the Platform, including by means not provided for or authorised, agrees to be aware of and bound by these terms and conditions of use of the Platform (the “Terms and Conditions”) and the privacy policy available at envirodigital.eu (the “Privacy Policy”). Anyone who does not agree to the Terms and Conditions or the Privacy Policy should refrain from registering, accessing or otherwise using the Platform.

3. Identification process on the Platform

For the use of the Platform and once the registration and the contracting of a user licence have been duly completed, the Member will receive a welcome message and the initial password that can be modified at any time.

It is the sole responsibility of the Member:

  • Maintain the confidentiality of such access account and password;
  • Frequently update and check his or her password; and
  • Immediately notify AZTI if they become aware of any unauthorised use of their account or any breach of security measures.

4. General issues of use of the Platform

  • All Members must: (i) have a single profile on the Platform that corresponds to their real identity and (ii) read and accept the Terms and Conditions of use of the Platform and the Privacy Policy.
  • In addition, all Members must: (i) choose a complex and secure password to access the Platform, (ii) maintain and protect the confidentiality of their password, (iii) prevent unauthorised third parties from accessing their account on the Platform.
  • All Members must keep the contact information provided during the registration process on the Platform up to date.
  • All Members must comply with applicable regulations in the use of the Platform.
  • All Members must define their product process and enter the production data related to their product.
  • Each Member will be able to dynamically generate production trees or networks of their target products. These networks will be formed based on the typology of stages that each product may have and that are defined by the PEFCR, being able to enter as many facilities or suppliers as each Member needs in each of the stages, and interrelate them with each other.

5. Additional commitments of the Members and prohibitions of use of the Platform

By accessing and using the Platform, all Members agree to:

  • Not to infringe intellectual property and privacy rights, including but not limited tocopyright, database rights, trademarks or know how ofthird parties.
  • Not to download, post, transmit or store material in violation of the Member’s contractual or confidentiality obligations.
  • Not to download, send, transmit or store material that damages or interferes with the normal applications of the Platform (viruses, worms or Trojans, among others).
  • Not to send, transmit or store repeated material or excessively large files.
  • Not to send, transmit or store junk mail, spam, distribution material and/or any other material not related to the use of the Platform.
  • Not to violate, or attempt to violate, the Platform’s security measures.
  • Not use any tracking device, procedure, mechanism or robot to locate, retrieve, search, or access the Platform or its Content, without AZTI’s prior written consent.
  • Not to access or attempt to access the account or Member of any other person or company listed on the Platform.
  • Not to copy, modify, reproduce, delete, distribute, download, store, transmit, sell, resell, publish, reverse engineer or create derivative products from the Content of the Platform, except with respect to information submitted by the Member and owned by the Member, or as authorized by the owners of such Content.
  • Not to send or provide incorrect, false or incomplete information in the registration process as a Member.
  • Not to use the Platform in an unauthorized manner or for any criminal activity.
  • Not to falsify the header information in the e-mail.
  • Not to falsify information about yourself, your association with third parties or your entity

6. About the Content posted on the Platform

  • Members may post, submit, receive and share content (the “Content“) on the Platform for the sole purpose of calculating and reducing the environmental impact of their products throughout their life cycle.
  • By uploading Content, Members warrant that the Content is truthful, accurate, current, appropriate and does not infringe third party rights.
  • The Platform does not guarantee that the Content uploaded by Members is truthful, accurate, current, appropriate, or that it meets the expectations of stakeholders.
  • AZTI is not obligated to store, retain or provide a copy of all or any part of the Content, except to the extent required by applicable law and as set forth in our Privacy Policy. AZTI may access, store and use Member Content and information in accordance with the terms of the Privacy Policy and each Member’s settings.
  • AZTI may at any time remove any Content, without prior notice to the affected Member and without any liability to the Member, if it believes that it is in breach of these Terms and Conditions or any applicable rules. However, AZTI will not perform any monitoring of the Content nor does it assume any obligation to do so.

7. Additional Platform Services

Members may download the ENVIRODIGITAL desktop tool.

In this desktop tool, Members will be able to:

  • Register new members and/or manage the licenses of existing members.
  • Give access to their supplier network for data collection at each stage of their products’ life cycle.
  • Generate new questionnaires for food companies. The questionnaires are developed based on the PEF(Product Environmental Footprint) and, as new guidelines are adapted or generated, new questionnaires can be adapted or generated.
  • Manage the databases through which the questionnaire drop-downs are generated.
  • Manage and exploit the results of the Members.
  • From the desktop tool, Members can also manage ENVIROSCORE certification or calculation validation requests, and access can be given to studies or certifying users, so that they can validate the results.

8. Terms of payment

  • Access to and use of the Platform is a paid service.
  • For the proper access and use of the Platform there is a paid service through a biannual license for the use of the Platform software.
  • Payment may be made through a one-time payment or by instalments.
  • The price of the license of use will depend on the total scope of the license (number of products, functionalities, size of the company) and will be specified in the contracting of the license of use with the Platform team.

9. Duration and Termination

  • The Member status shall have a duration of two (2) years from the first access to the Platform with the possibility of a subsequent annual renewal. In the event that the contracting Member wants to increase or decrease the time of license to use the Platform from the first contracting, it will be negotiated and agreed directly with the commercial department of ENVIRODIGITAL.
  • Unilateral termination by AZTI: In any case, the relationship between AZTI and a Member may be terminated unilaterally by AZTI at any time. AZTI may, at its sole discretion, terminate the services offered on its Platform and remove any Content therefrom. AZTI may also, at any time, for any reason, and without having to give advance notice of its decision, suspend any Member’s access to any or all of the services offered on the Platform. AZTI shall have no obligation to maintain or return the information provided by any Member, your account and password. Each Member must always have a copy of the information provided by him.
  • Voluntary Member Termination: Members may voluntarily unsubscribe from the Platform. In the event that a Member decides to cancel his or her account, he or she must stop accessing, and no longer use, the Platform. AZTI shall have no obligation to maintain or return the information provided by Members, nor their accounts or passwords. Each Member shall always have a copy of the information provided by him/her.
  • Unilateral termination of AZTI for breach of these Terms and Conditions: The Platform may terminate the relationship with the Members of the Platform in case of breach by the Member of its obligations under these Terms and Conditions, without prior notice.
  • Closure of the Platform: AZTI does not undertake to keep the Platform operational for any specific period of time. If for any reason the Platform is closed, the relationship between AZTI and the Members governed by these Terms and Conditions shall terminate without any compensation for such reason in favor of the Members.
  • Upon termination of the relationship for any reason, the Member’s profile will be deactivated, the Member will not be able to access it and relationships with other Members that had been established on the Platform will be deactivated.
  • If a Member who has voluntarily unsubscribed from the Platform wishes to regain a profile on the Platform, it must be processed as a new registration.

10. Data Protection

The privacy of Platform Members is critical to AZTI, so all Members must read and agree to its Privacy Policy so that they can understand how AZTI protects, collects and uses Members’ Content and personal information, and how Members may post, submit, receive and share Content and their information on or through the Platform.

11. Confidentiality

Members agree to: (i) protect and not disclose confidential information that is protected by a duty of confidentiality to third parties outside the Platform; (ii) protect AZTI information that is identified as confidential or reasonably should be considered confidential or whose knowledge by third parties may put AZTI at a competitive disadvantage; and (iii) use the information provided by AZTI or its other Platform Members lawfully and diligently for the sole purpose of fulfilling its rights and obligations under the Terms and Conditions. AZTI for its part agrees to maintain the confidentiality of Member data and to limit access to such information only to authorized personnel who need access to it to fulfill their job responsibilities related to the Platform.

12. General clauses

Modifications to the Terms and Conditions and Privacy Policy. The Terms and Conditions and the Privacy Policy may be modified at any time. In the event that material changes are made to the Terms and Conditions and/or the Privacy Policy, we will notify Members in writing to their Platform registration email address. AZTI will decide in its sole discretion what constitutes a material change, in good faith and in accordance with applicable law.

  • Communications with Members may be made: (i) by a notice on the Platform, (ii) by email to the contact address provided at registration or (iii) by text message to the Member’s cell phone number provided by the Member at the time of registration or listed in the Member’s profile.
  • Interpretation. Unless expressly stated otherwise: (i) the headings, titles, subheadings and table of contents used in the Terms and Conditions and the Privacy Policy are included for reference purposes only, and shall not affect their interpretation, (ii) words in the singular include the plural and vice versa; and (iii) any phrase beginning with “including”, “including”, “in particular”, “among others” or other similar expression shall be construed as illustrative and shall not limit the meaning of the words proceeding such terms, as if the words “without limiting to” were included.
  • Relationship between the parties. Members are separate and independent parties to AZTI and in no event shall they be deemed or construed to be employees, partners, agents or associates of AZTI. Neither party is entitled to assume or create, expressly or impliedly, any liability or obligation on behalf of or in the name of the other party.
  • Representations and warranties:
    • Members declare that they are aware of and comply at all times with all applicable legislation and, in particular, with the regulations and standards governing the food sector.
    • Members represent and warrant that all information provided to AZTI in the identification process is true and that the profile will correspond to the identity of the Member creating it. In particular, Members represent and warrant that they will not create false or unrealistic profiles on the Platform.
    • Members represent that they own or are otherwise entitled to use the Content. In addition, Members represent and warrant that the Content: (i) is not defamatory or infringes third party rights, and in particular, the right to privacy, honor, self-image or intellectual and industrial property rights; (ii) is not unlawful or used for unlawful purposes; (iii) is not illegal and its use will not result in a breach of applicable law; (iv) does not harm or cause any damage or be contrary to the interests of the Platform or AZTI; (v) does not violate the Terms and Conditions or the Privacy Policy; (vi) is not contrary to the customs and public order of the territory of residence of the Member to which it is addressed; (vii) does not infringe contractual rights with third parties, in particular, a duty of confidentiality; (viii) does not cause, directly or indirectly, reputational damage to the Platform and/or AZTI. In the event that Members fail to comply with any of the representations and warranties relating to the Content shall disclaim any liability that may arise from the Content and hold AZTI harmless.
    • Limitation of liability:
      • Partial invalidity. In the event that any provision or provisions of the Terms and Conditions are determined by any court or competent authority to be unlawful, void or unenforceable for any reason, such provision shall be modified to the extent necessary to make it valid and enforceable, and shall have no effect on the validity or enforceability of any other provision or provisions.
      • The Platform is provided “as is” without warranty of any kind, either express or implied.
      • To the extent permitted by applicable law, AZTI’s maximum liability to Members shall be the amount of the registration fee paid by them.
  • Assignment:
  • Membership is personal and non-transferable. Members may not assign, novate, transfer or subcontract any of their rights and obligations set forth in the Terms and Conditions.
  • AZTI may assign, novate, transfer or subcontract any of its rights and obligations in favor of any other person, entity, corporation or third party.
  • Applicable Law and Dispute Resolution:
    • The interpretation and any dispute or claim arising out of or relating to the Terms and Conditions or the Privacy Policy shall be governed by Spanish common law.
    • The Members agree to submit any dispute or claim arising out of or related to the Terms and Conditions or the Privacy Policy to the Spanish Courts and Tribunals of the city of Bilbao (Bizkaia), expressly waiving their own jurisdiction, if any.