Privacy Policy

2.1. SC Energy hereby undertakes and accepts not to use Confidential Information disclosed by the User otherwise than for the Purpose.

2.2. Shall not be deemed Confidential Information:

• Publicly available information;
• Information already known to SC Energy prior to disclosure by the User;
• Information which SC Energy is required to disclose in order to comply with applicable laws or regulations or with a court or administrative order. If the SC Energy becomes aware that it will be required, or is likely to be required, to disclose Confidential Information in order to comply with applicable laws or regulations or with a court or administrative order, it shall, to the extent it is lawfully able to do so, notify the User prior to any such disclosure;
• Name of the User, name of any project proposal, country of the User and content of the elevator pitch submitted by the User as part of the Users project proposal;
• Any section of the Users project proposal clearly labeled non-confidential.

2.3. The User accepts that SC Energy can internally distribute Confidential Information, including to Startup Campus Group and it’s business partners related to Green Brother program, on a strict need-to-know basis, when strictly necessary for the Purpose and without any prior written consent from the User.

2.4. The User accepts that name of any project proposal, country of the User and content of the elevator pitch submitted by the User as part of the Users project proposal, as well as any sections of said proposal labeled “non-confidential,” can be disclosed by SC Energy to the public and/or selected stakeholders such as but not limited to potential investors. and can be published on SC Energy’s website.

2.5. Notwithstanding the foregoing, The User accepts that SC Energy can use Confidential Information for the purposes of analyses, statistics and obtaining derivative information, meaning any general information or metadata derived from project proposals submitted to SC Energy. Such generalized information may be used by SC Energy to publish and communicate press releases, reports, statistics, evaluations, and any other informational or promotional publications.

2.6. The User acknowledges that SC Energy is represents EIT as a HUB, which is a body of the European Union and that SC Energy and EIT has a Partnership Agreement. The User accepts that SC Energy has an obligation to respect certain auditing rights of the EIT, the Commission, the European Court of Auditors (ECA) and the European Anti-Fraud Office (OLAF), and accepts that Confidential Information in the exercise of an audit can be disclosed to said auditing entities, insofar SC Energy is under a legal obligation to do so. If SC Energy becomes aware that it will be required, or is likely to be required, to disclose Confidential Information, SC Energy it shall, to the extent it is lawfully able to do so, prior to any such disclosure, notify the User and consult with the User in order ro safeguard to the maximum extent possible the rights and the interests of the User and its partners with regard to the Confidential Information, without denying the auditing rights of said auditing entities.

3.1. The User acknowledges and accepts that SC Energy can avail itself of third parties, subcontractors and/or affiliated entities to provide the SC Energy Platform or any of its online services to the User.

3.2. SC Energy will try to minimize disruption caused by technical errors. However some data or information may have been created or structured in files or formats that are not error-free and SC Energy cannot guarantee that SC Energy’s service will not be interrupted or otherwise affected by such problems. SC Energy accepts no responsibility with regard to such problems incurred as a result of using SC Energys online services or online platforms, or any linked external sites.

3.3. Through the SC Energy online services or online platforms, the User might be able to link to other websites which are not under the control of SC Energy. SC Energy does not have any control on of the nature, content and availability of those sites. The inclusion of any links does not necessarily imply a recommendation or endorse the views expressed within them.

3.4. The access and use by the User of the SC Energy online services or online platformsare at the Users own risk. SC Energy’s online services and online platforms are provided “as-is” and to the maximum extent permitted by applicable law, SC Energy disclaims all other representations and warranties, express or implied, regarding SC Energys online services and online platforms, including but not limited to the content, materials, information and software made available through it.

3.5. SC Energy will in no event be liable to the User for any third party claim or for any consequential, direct, incidental or special damages, including without limitation, any lost profits or lost savings, regardless of the form of action whether in contract, tort (including negligence), strict product liability or otherwise, even if it was foreseeable or the possibility of such damages was brought to SC Energy’s attention.

3.6. The User is solely responsible and liable for the data, materials and information of any kind submitted or uploaded to any SC Energy online service or online platform and SC Energy shall not take any responsibility in this respect. The User agrees to indemnify, defend and hold SC Energy, as well as its affiliates and employees, harmless from all third party claims, liability, damages and costs arising from the User’s unauthorized or improper use of SC Energys online services and online platforms or from the presence of the data, materials and information provided by User.

3.7. The User who submits a project proposal to SC Energy for the Purpose accepts as final any decision taken by SC Energy regarding said project proposal. For the avoidance of doubt, only project proposals that are submitted in accordance with the requirements formulated by SC Energy are eligible for acceptance. Any project proposals submitted to SC Energy after a communicated deadline shall be invalid.

The copyright of all material, provided on any of SC Energys online services or online platforms, is held by SC Energy or by the original creator of the material. Prior permission must be obtained for the reproduction or use of textual and multimedia information (sound, images, software, etc.), such permission shall clearly indicate any restrictions on use. Provision 2.4. constitutes such a written permission from the User to SC Energy for the information and data it describes.

User and SC Energy agree to adhere to the Clauses concerning data privacy protection as set out in Annex 1. The User, by submitting any information, including but not necessarily limited to any project proposals, to SC Energy, shall respect his obligations as Data Exporter. SC Energy, by receiving said information through it’s online services or online platforms and, working with a third party rendering services regarding data processing on its behalf outside of the EU, if the case may be shall respect and shall cause the third party to respect it’s obligations as Data Importer. The aforementioned Clauses only apply to obligations regarding the transfer of personal data. In case of conflict with provisions from these Terms of Use, the provisions of the Terms of Use prevail.

6.1. These Privacy Policy represent the entire understanding and agreement between SC Energy and the User and supersedes all prior communications, agreements, and understandings relating to the subject matter hereof.

6.2. These Privacy Policy shall be construed and governed by the laws of Belgium. The User agrees that any dispute which cannot be settled amicably, shall be submitted to the competent Court or Tribunal of Brussels, Belgium.

6.3. If any provision of these Terms of Use, or their application to any person, place, or circumstance, is held to be invalid, unenforceable or void, the remainder of these Terms of Use and such provisions shall remain in full force and effect. Neither SC Energy’s failure nor our delay in exercising, enforcing or taking action against you with respect to any of our rights or powers shall operate as a waiver of such powers or rights. No single or partial exercise by us of any of our powers or rights will preclude us from exercising such powers and rights in the future or from exercising other powers and rights.

The transfer consists of any Personal Data included in any project proposal submitted to SC Energy by the User, for the Purpose.

The data subjects can enforce this Clause, Clause 4(b), (c) and (d). Clause 5(a), (b), (c) and (e), Clause 6(1) and (2), and Clauses 7, 9 and 11 as third-party beneficaries. The parties do not object to the data subjects being represented by an association or other bodies if they so wish and if permitted by national law.

The data exporter agrees and warrants:

• a, that the processing, including the transfer itself, of the personal data by him has been and, up to the moment of the transfer, will continue to be carried out in accordance with the relevant provisions of the Member State in which the data exporter is established (and where applicable has been notified to the relevant authorities of that State) and does not violate the relevant provisions ofthat State;
• b, that if the transfer involves special categories of data the data subject has been informed or will be informed before the transfer that this data could be transmitted to a third country not providing adequate protection;
• c, to make available to the data subjects upon request a copy of the Clauses; and
• d, to respond in a reasonable time and to the extent reasonably possible to enquries from the supervisory authority on the processing of the relevant personal data by the data importer and to any enquiries from the data subject concerning the processing of this personal data by the data importer.

The data importer agrees and warrants:

• a, that he has no reason to believe that the legislation applicable to him prevents him from fulfilling his obligations under the contract and that in the event of a change in that legislation which is likely to have a substantial adverse effect on the guarantees provided by the Clauses, he will notify the change to the data exporter and to the supervisory authority where the data exporter is established, in which case the data exporter is entitled to suspend the transfer of data and/or terminate the contract;
• b, to process the personal data in accordance with the mandatory data protection principles set out in ANNEX 2;
• c, to deal promptly and properly with all reasonable inquiries from the data exporter or the data subject relating to his processing of the personal data subject to the transfer and to cooperate with the competent supervisory authority in the course of all its inquries and abide by the advice of the supervisory authority with regard to the processing of the data transferred;
• d, at the request of the data exporter to submit its data processing facilities for audit which shall be carried out by the data exporter or an inspection body composed of independent members and in possession of the required professional qualifications, selected by the data exporter, where applicable, in agreement with the supervisory authority;
• e, to make available to the data subject upon request a copy of the Clauses and indicate the office which handles complaints.

• 1, The parties agree that a data subject who has suffered damage as a result of any violation of the provisions referred to in Clause 3 is entitled to receive compensation from the parties for the damage suffered. The parties agree that they may be exempted from this liability only if they prove that neither of them is responsible for the violation of those provisions.
• 2, The data exporter and the data importer agree that they will be jointly and severally liable for damage to the data subject resulting from any violation referred to in paragraph 1. In the event of such a violation, the data exporter or the data importer or both.
• 3, The parties agree that if one party is held liable for a violation referred to in paragraph 1 by the other party, the latter will, to the extent to which it is liable, indemnify the first party for any cost, charge, damages, expenses or loss it has incurred.

1, The parties agree that if there is a dispute between a data subject and either party which is not amicably resolved and the data subject invokes the third-party beneficiary provision in clause 3, they accept the decision of the data subject:

• a, to refer the dispute to mediation by an independent person or, where applicable, by the supervisory authority;
• b, to refer the dispute to the courts in the Member State in which the data exporter is established.

2, The parties agree that by explicit agreement between a data subject and the relevant party a dispute can be referred to an arbitration body, if that party is established in a country which has ratified the New York convention on enforcement of arbitration awards.

3, The parties agree that paragraphs 1 and 2 apply without prejudice to the data subject's substantiive or procedural rights to seek remedies in accordance with other provisions of national or international law.

The parties agree to deposit a copy of this contract with the supervisory authority ifit so requests or if such deposit is required under national law.

The parties agree that the termination of the Clauses at any time, in any circumstances and for whatever reason does not exempt them from the obligations and/or conditions under the Clauses as regards the processing of the data transferred.

These Clauses shall be governed by the law of the Member State in which the Data Exporter is established.

The parties undertake not to vary or modify the terms of the clauses.