Terms of Service
To achieve their objectives, the company will carry out the following activities, whose members will accept according to each collaboration contract.
1.1. Accompaniment and support in the creation, maintenance and development of the PIME, the autonomous communities and individuals who want to help improving the product range of Catalonia and Estonia via innovation, reinforcing the native production and / or open source nets (Makers).
1.2. The activities will be published on the foundation’s website, in terms that also appear in the contract that is agreed.
1.3. By being a member of Fiecat, you agree to behave according to internal regulations and Estonian regulations in congruence with European regulations.
Member rights and obligations
- The members who collaborate with the Foundation accept the processing of their data for the purposes specified on the website and the internal regulations, in accordance with the European directives on data processing.
- Likewise, in collaboration agreements each person or company involved undertake to maintain confidentiality.
- Completing the registration mean that members will accept the payment method that will appear on the payment platform, according to the quota and / or periodicity according to the internal regulations and type of membership.
- The member may request a change of membership with prior approval of the board and for the type of activities that the accompaniment is going to request.
- The members agree to be part of the foundation in accordance with the internal regulations, good customs and applicable laws.
- If it is necessary for the achievement of the purposes, the member must undertake to provide the necessary information and reasonable documents that we may require in order to guarantee support for the benefit of their purposes.
- The members of the foundation must refrain from interrupting or damaging the website owned by Fiecat.
- All the members that are part of Fiecat are obliged to notify if their data changes: address, telephone numbers and contact email.
- Fiecat commit to carry out the activities that are agreed with its members according to each type of membership.
- Fiecat reserves the right of admission in accordance with the internal regulations; the foundation’s board must approve each membership.
- Fiecat reserves the right to provide accompaniment to each member who, prior study, goes against the purposes of the foundation and who do not comply with the evaluation policy.
- Fiecat reserves the right to use subcontractors to achieve its ends.
- Fiecat may suspend its services to any of its members if it incurs in non-payment of one of its fees as agreed, likewise if it fails to present the necessary documents for the corresponding support.
Processing of personal data
- Fiecat and its Headquarters process the personal data collected from the Client or members in accordance with applicable data protection legislation, including the General Data Protection Regulation (EU) 2016/679 (GDPR).
- The purpose of processing personal data is to provide Services, improve Services and activities, provide support to members, and keep members informed about activities and news.
- Any questions about the processing of personal data can be sent to firstname.lastname@example.org
- During the execution of a membership, Fiecat will maintain the confidentiality of the Client’s commercial and production secrets. The duty to maintain confidentiality that arises from the law.
- Fiecat is not obliged to maintain confidentiality if the Client has granted permission to disclose information. Permission is not required to disclose the information to third parties involved by Fiecat to provide Services under this Contract or if the duty to disclose arises from law (such as notaries, translators, authorities).
- Fiecat and the member undertake not to disclose to others any information that is received from the other part under this Agreement or that should be treated as confidential (Confidential Information). Confidential information can only be used to perform the tasks provided for in this contract.
- The information is not confidential information if:
- It is or becomes available to the general public or enters the public domain if not due to a breach of this Agreement;
- It was received legally and independently from a third party with no obligation of confidentiality at the time of receipt; or
- Applicable law or a court of competent jurisdiction must disclose it.
5. Fiecat may disclose confidential information to thirds without the permission of the member, if the disclosure is necessary to provide the Service requested by the member, provided that the other that has access to such information is subject to confidentiality by contract or law.
- To request, use and administer the Services, the member part of the foundation must have an account with FIECAT the Portal (the User Account).
- The User Account will be created automatically for each MEMBER who has the accompanying membership after signing the collaboration agreement with FIECAT. The User Account will be activated when registering as a member of FIECAT.
- The User Account can be accessed using the email address (the primary email) provided to FIECAT upon registration and a password (Login Details).
- The Member who has access to the website; will keep the User Account Login Details confidential and will not disclose them to any third person. The member should inform FIECAT immediately of the suspicion that the Login Details may have fallen into the possession of a third and will replace the password. FIECAT may block the user account when suspicion arises that an unauthorized user access to the user account.
- The member has the right to manage the User Account during the term of the membership agreement with accompaniment, that is, to create, change and request the deletion of the User Account. Deleting the user account will delete the content. FIECAT does not guarantee greater access to the content of the deleted user account.
- FIECAT has the right to block access to the User Account without prior notice and without any liability for the Client in the event that the Client breaches the agreement with FIECAT, especially if the confidentiality is not respected. The activation of the user account is subject to the due execution of the agreement and the payment of the membership fee by the member.
- The User Account will be inactivated by FIECAT after the end of the agreement according to the points that also specify the Foundation’s statutes and the Estonian Law and European directives.
- FIECAT will keep the content of the user account for 60 days so that the user account is not deactivated.
Obligations of the data processor
- The data processor will ensure that its employees and sub-processors treat all personal data as strictly confidential information.
- Personal data will be processed in accordance with the legal instructions of the data controller.
- The Data Processor will implement the appropriate technical and organizational measures as established in the European Data Protection Law and the local branch
- The Data Processor will assist the Data Controller through the appropriate technical and organizational measures, for the fulfillment of the Data Controller’s obligations under applicable Law.
- The Data Processor will notify the Data Controller if a breach occurs that may result in the destruction, loss, alteration, unauthorized disclosure or unauthorized access to Personal Data processed on behalf of the Data Controller (a Leakage of data). It will be notified without undue delay, if possible, within 72 hours after knowledge of the Breach of personal data.
- The Data Processor makes available to the Data Controller the information reasonably necessary to demonstrate compliance with the obligations set forth in this DPA, and to enable and contribute to audits performed by a qualified independent auditor. The parties will agree on the timing of the audit, which may take place no more than once a year and the data processor will have a reasonable time to prepare the required information. The costs related to the audit will be borne by the data controller. The data controller will maintain the confidentiality of any information obtained during the audit.
Limitation of liability
- Fiecat is solely responsible for complying with the obligations derived from this Contract. Fiecat will not be responsible for complying with the member’s obligations derived from the laws and regulations applicable to the member’s activities.
- Fiecat will not be liable to the member for any loss, damage, charge or cost and expense arising from the temporary suspension of the Services in accordance with this Contract.
- Fiecat will not be liable to the member for any loss, damage or cost arising from the provision of Services based on incomplete or inaccurate information provided by the member.
- Conflicts that may arise, in the first instance must be communicated to the foundation by directing your complaint to the email: email@example.com, whose complaint will be answered within a maximum period of 15 days.
- Disputes are resolved through negotiations. When an agreement is not reached, the dispute is resolved by the Estonian court, jurisdiction of the Fiecat foundation.