Terms & conditions

General Provisions

Service Provider

The sole proprietor and operator of the atexdb.eu website is Ind Ex Middle East LLC (with offices at Abu Dhabi (UAE) || MASDAR Free Zone; info@ind-ex.ae), hereinafter known as Service Provider.

Ind Ex Middle East LLC holds exclusive intellectual property rights to all intellectual properties found on or related to the website (trademarks, logos, graphic artwork, programmes, know-how and other intellectual creations).

User data is processed by Ind Ex Middle East LLC.

User

Any natural person or business organisation that registers on the atexdb.eu website as an ATEX professional or company and anyone who, without signing in, views the content available without registration or uses the services of atexdb.eu shall become a user of the atexdb.eu website (hereinafter known as User).

Terms of Service and Amendments

The scope of the Terms of Service and Data Use (hereinafter referred to as Terms) extends to the services provided in connection with the atexdb.eu website and any related data processing operations.

The Service Provider reserves the right to amend or modify the Terms herein. The amended Terms shall be made publicly available by the Service Provider, and the amendments shall become effective immediately after publication.

Registered Users shall be notified about amendments via the e-mail address submitted during registration.

Governing Law

The Service Provider is a business organisation registered in the United Arab Emirates that performs its activities under UAE federal legislation. Data processing operations shall be subjected to UAE legislation.

Services of atexdb.eu

The atexdb.eu website provides a platform for ATEX professionals to publish online CVs, and ensures the accessibility of said CVs to registered companies.

Using its own search interface, the atexdb.eu website allows registered companies to browse CVs uploaded by ATEX professionals, storing and allowing future access to relevant results (CVs) on an interface accessible only to the User (hereinafter referred to as Targetlist).

Through its BlogEx service, the atexdb.eu website provides a platform for Users to join and create professional discussions.

Restrictions of Use

The services of the atexdb.eu website may not be used by persons under 16.

All contents, photos and comments uploaded and sent by the Users shall be moderated and controlled by the Service Provider. Should the User breach any of the sections of the Terms while performing or resulting from the execution of any of the aforementioned activities, the Service Provider is entitled – without justification – to suspend or delete the User’s account. The Service Provider is not required but shall strive to notify the User about the suspension or deletion of the account.

Data Processing

Registration, Set of Processed Data and Data Appearance on Website

The access and use of most functions of the atexdb.eu website require registration. During registration, the User is required to submit an e-mail address and a password, which will be used as his identification when logging in. Users may be required to fill in certain information fields in the data sheet for using some of the services. With the exception of the password, data specified and uploaded during the registration and filling out the data sheet shall become publicly accessible to registered Users.

Should the User forget his password, the atexdb.eu website shall automatically generate a new password at the User’s request, which will be sent to the User’s e-mail address submitted during the registration. After it is sent, the new password may be changed by the User.

The Service Provider reserves the right to modify the contents of the data sheet, and delete or create information fields should it be necessitated or required by user requests or habits. The Service Provider shall notify the User regarding the changes via e-mail not later than 1 week prior to the changes becoming effective.

Purpose, Legal Basis and Principles of Data Processing

The Service Provider shall process personal data with the sole aim to provide and improve the services of the website. Therefore, the purpose of processing personal data is to identify Users, provide services and perform analyses on and make improvements to the website. The Service Provider shall not process any data that is not required for the aforementioned purposes.

In each case, the legal basis for data processing is the Users’ consent. In certain cases, particularly in context of the data submitted in the required fields of the data sheets, data processing is a condition of using the website’s services.

The Service Provider shall strive to ensure that the following principles apply during the processing of personal data:

• personal data may be processed only for specified purposes;
• the purpose of data processing must be satisfied in all stages of data processing operations, including the contents of processed data;
• the processing of personal data shall be done under the principle of lawfulness and fairness;
• should the identification of the person concerned be not required, data processing shall be modified in a way that the person concerned cannot be identified on the basis of the data in question;
• the rights of those concerned shall be enforced.

Place of Data Processing, Governing Law

Personal data may be processed at the company seat, branch office or other establishment of the data controllers commissioned by the Service Provider. Decisions in connection with data processing shall be taken by the Service Provider.

The place of data processing is the United Arab Emirates, therefore the processing of personal data shall be subjected to UAE legislation, in particular to the act on right of informational self-determination and on freedom of information.

Access to Processed Data and Commissioning of Data Controllers

The Service Provider may not disclose the processed data to a third party beyond the circumstances set out in the section entitled “Place of Data Processing, Governing Law”, with the exception of doing so at the explicit request of the person concerned or a court order. In compliance with the relevant legislation, the Service Provider shall be entitled to commission a data controller for certain technical operations. The data controller shall be entitled to execute only the decisions made by the Service Provider, in accordance with the Service Provider’s instructions. The Service Provider’s responsibility shall not be affected by the employment of a data controller.

Use of Data by Service Provider

The Service Provider shall only use the data submitted by the User in order to provide service. While using the primary service, data processing shall be carried out by an automated and computerised system that requires no human input. In this circumstance, the Service Provider has no unique access to the data. For certain services or during the investigation of the User’s unique requests or complaints, the Service Provider may use the User’s data in a manner known to and authorised by the User.

The Service Provider shall be entitled to use the Users’ data for statistical purposes in aggregate form. Should it be justified, the Service Provider shall be entitled to the use of data, particularly when the User is engaging in unlawful conduct.

The Service Provider shall be entitled to send newsletters to the User’s e-mail address submitted during registration.

Data Processing when Connected to Other Services

Should the Service Provider connect the atexdb.eu website with other websites under its operation, data processing operations may be connected only with the explicit consent of those concerned. In the absence of such an explicit consent, the individual data processing operations may not be interconnected in the context of the User’s data, even when the same data is recorded in each instance of data processing operations.

User Rights and Protection of Privacy

The User shall be entitled to the right to make corrections to his data or request the Service Provider to correct false data where the editing of said data is beyond his control. The User shall be entitled to the right to delete fractions of his data or his entire data sheet. The User may request information on the processing of his data. The Service Provider shall provide the information by means and within the time frame prescribed by law. The information shall be complete and extend to all details of data processing operations.

Duration of Data Processing, Deletion of Registration

The User’s data and relating files shall be stored in the system in order to settle any disputes that may arise later, although this data shall not be used for actual data processing purposes. Only the latest valid data of non-deleted Users shall be used for data processing purposes.

The Service Provider shall delete the data submitted if:

• the processing of the data is unlawful or the legislation rules for the deletion of said data;
• it is requested by the person concerned;
• the data is incomplete or corrupt, and this circumstance renders the data unusable;
• the data violates any of the sections of the Terms;
• the purpose of data processing has terminated;
• it is ordered by public authorities or court ruling.

Data Safety

The Service Provider shall make every effort in its power to ensure the safety of the data and their adequate level of protection, particularly against unauthorised access, alteration, transmission, public disclosure, deletion or destruction, as well as damage and accidental loss, and that the stored data cannot be corrupted and rendered inaccessible due to any changes in or modification of the technique applied. The Service Provider shall not be held responsible for the damages caused by the User’s failure to provide an adequate protection for his own data, such as in case of specifying an easy-to-crack user name and password or disclosing them to a third party.

Data Protection Register

The Service Provider has reported the data processing operation to the data protection register run by the National Authority for Data Protection and Freedom of Information.

Terms of Use

Rules for Fictitious Users

Taking into consideration that the primary purpose of the atexdb.eu website is to provide a meeting place for real persons and companies, the Service Provider shall strive to ensure that registered Users may only be natural persons and business organisations. Should the registered User not be a natural person or business organisation, the Service Provider shall be entitled to delete the registration.

Restrictions of Use of Service, Responsibility of Users

The use of the atexdb.eu website is to the User’s own responsibility. The Service Provider shall not assume responsibility for any damages or inconvenience caused during the use of the atexdb.eu website due to the User’s failure to exercise due care and attention in doing so. The User shall be obliged to act with absolute respect for the fundamental rights and interests of others while using the website. The restrictions listed below apply to all forms of expression, such as comments, photos, videos and links to external websites. The User shall be obliged to take into consideration the following restrictions in order to avoid violating the Terms of the website, whether out of malicious conduct or simple negligence. The User shall be obliged to respect the website’s Terms of Use. The Service Provider shall be entitled to block and delete the registration of Users who repeatedly violate the restrictions.

The Service Provider stresses that by operating the atexdb.eu website, it merely provides a communicational platform between Users. The Service Provider does not assume responsibility for the authenticity and contents of the data published by the Users, nor does it assume responsibility for contracts concluded between a registered ATEX professional and a registered company as a consequence of using the atexdb.eu website.

Requirements for Uploading Profile Pictures

• Photos must show only the User in question.
• No images of profanity or nudity.
• Photos may be a portrait or dressed full body photo, in which the User can be clearly identified.
• No drawings and retouched or old photos, in which the User is impossible or difficult to identify.

Proceedings in the Event of Infringing Conduct

Should legal proceedings be opened due to the violation of any sections of the Terms or in the case of infraction, the Service Provider shall be entitled to transfer the User’s data submitted during the registration to the bodies acting in a legislative capacity in compliance with the relevant regulations.

Those Users whose rights or legitimate interests are violated by another User’s conduct – particularly persons whose moral rights have been violated, victims of crime or infraction and the holder of intellectual property rights – may request the deletion of the disputed content and legal action against the User in question. The claimant shall provide proof of his entitlement. If entitlement is proven valid, the claimant may submit a request to the Service Provider to block the infringing content and store it for future proceedings. The blocked content and related data stored by the Service Provider shall be disclosed to the proceeding body in compliance with the regulations relevant to the body and proceeding in question.

Responsibility of Service Provider

Continuity of Service

The Service Provider shall make every effort in its power to ensure the continuity of the service and prevent any disruptions. It shall use its authority stipulated in the Terms (Terms of Use, Modification of Services, Measures in Relation with Users etc.) primarily for these purposes and to tailor the service in accordance with its Users’ requirements.

Responsibility of Service Provider, Exclusion of Warranties

The Service provider shall make every effort to ensure the safety of its Users’ data. The Service Provider shall strive to cooperate with the Users – particularly in cases of dispute – and for the peaceful settlement of disputes. Due to the fact that the service may be used free of charge, the Service Provider does not guarantee an uninterrupted service, and may not be held responsible for the suspension or termination of service. The Service Provider shall always strive to eliminate potential disruptions and operational problems during the operation of the website, but may not be held responsible for the same. The Service Provider may not be held responsible for the conduct of its Users and the data they publish.

On the basis of the act on certain issues of electronic commerce services and information society services, the Service Provider shall be considered an intermediary service provider in the context of the data published by its Users.

Exercise of Rights

Proceedings of Service Provider

Users may submit their complaints directly to the Service Provider, who shall make every effort in its power to settle and remedy potential infringements. The Service Provider shall inform the Users on the proceedings taken.

Means of Exercise of Rights

The User may submit his complaints directly to the Service Provider – who shall investigate the complaint – and may object to the data being processed, in which case the Service Provider shall investigate the objection, make a decision and may pursue its claim through legal action.

The User may submit his complaints outside the scope of the protection of personal data to the relevant and competent authorities, and may file an action to a court or tribunal with jurisdiction.