Eesti Masinatööstuse Liit MTÜ, registry code 80004986, address Harju County, Tallinn, Kristiine District, Mustamäe tee 4, 10621 (hereinafter: EML) is the administrator of an online database on Estonian industrial enterprises and its communication network (hereinafter: Platform).
1. Nature of the Platform
1.1. The Platform is a database and communication network created and managed by the EML, enabling one to upload the profiles of legal persons (hereinafter: Company) operating in the industrial sector, use a search engine to find company profiles, make requests for finding a suitable cooperation partner, and use other services provided in the Platform.
1.2. The Platform is meant for persons operating in the field of economic and/or professional activities and is not for consumers within the meaning of Article 1 (5) of the Law of Obligations Act.
2. General Provisions
3. Registering as a User
3.1. In order to fully use the Platform and its services (including to create a Company profile or make a request for finding a suitable cooperation partner), persons need to register as a User in the Platform. Unregistered visitors have restricted access to the Platform.
3.2. Information needs to be submitted when registering as a User, including the following data:
(a) contact information – first and last name of the User, e-mail address, etc.;
3.3. To complete the registration, a confirmation letter is sent to the e-mail address provided by the User. Clicking the link in the confirmation letter verifies the User’s registration application.
3.4. Only the persons registered as Users can log into the Platform as a User and use its services. Use of a User account by third parties is forbidden.
3.5. Users are responsible for the safe use of the login password and ensuring it will not end up in the possession of any third persons. In the case of a suspicion that their login data has ended up in the possession of a third party, a User must immediately inform the EML thereof and change the password at once.
4. Company profile
4.1. Users can create and publish profiles of one or more Companies they represent in the Platform (hereinafter: Profile). By creating a profile, a User confirms that they have the right to represent the respective Company and enter into agreements in the name of the Company (incl. assume the obligation to pay for creating the Profile).
4.2. In order to create a Profile, a User must enter the Company data, including the following information:
(a) General Company information – name of the Company, logo, registry code, area of activity according to the Classification of Economic Activities (EMTAK), web page, year of establishment, the main industrial sector, number of employees, turnover, share of export in turnover, company description, shareholders or partners, etc.;
(b) Contact information of the Company – first and last name of the contact person, photo, e-mail address, phone number, description of position in the Company, links to Facebook and LinkedIn accounts, etc.;
(c) Company address; area of industry; resources (equipment and software); capacities and services provided in the respective field, current certificates, materials used by the Company;
(d) photos and web links to videos pertaining to the Company.
4.3. After creation of the Profile is completed, it becomes visible to the Users and non-registered guests of the Platform.
4.5. By creating a Profile, the User agrees that notifications and/or requests from other Users and notifications from persons not registered in the Platform may be sent to them and to the contact person indicated on the Profile.
5. Making requests for quotations
5.1. Users can make requests for quotations (hereinafter: Request) in the Platform to publish an offer or an invitation to make an offer in order to find a contractor among the registered Companies to perform a job or sell an item requested.
5.2. Users can make requests both as a natural person and in the name of the Company they are representing. When making requests in the name of a Company, Users shall indicate the Company for which the request is made. When making requests as a natural person, Users leave the Company field empty in the request. When making a request in the name of a Company, the User confirms their right to represent the said company and conclude agreements in its name.
5.3. In order to submit a request, a User must specify the criteria to be met by the contractor or the seller, the work to be performed or the thing to be purchased - for example, the User must indicate which technology the Recipient of the inquiry should possess, which materials to use, which certificates to hold or in which area to operate, etc. The User may also set a deadline for replying to the Request.
5.4. When submitting a request, a User indicates whether the Request is forwarded to all Companies that meet the criteria set by the User in the Request or only to the Companies specified by the User.
5.5. The User understands that if the content of the Request is sufficiently defined and contains all the relevant terms and conditions for the conclusion of an agreement, the recipients may consider it as an offer under Article 16 (1) of the Law of Obligations Act, i.e. a proposal to enter into a contract. In such a case, making of the Request expresses the will of the submitter to be legally bound by the agreement to be entered into in the event of accepting the Request. According to Article 16 (2) of the Law of Obligations Act, a proposal to enter into a contract is not an offer if the person making the proposal expressly indicates that the person does not consider the person to be bound by the proposal or if the nature of the proposed contract or other circumstances dictate that the person making the proposal is not bound by the proposal. Such proposal or Request is deemed to be an invitation to make offers.
6. Confidential requests
6.1. A User may make the conclusion of a confidentiality agreement a precondition for accessing the Request. In this case, the User will upload a relevant and signed confidentiality agreement upon submission of the Request. The content of the Request will only be displayed to the Companies in clause 5.4 that download it, sign it, reupload it to the Platform and the suitability of whose agreements has been verified by the User.
6.2. EML only recommends uploading confidentiality agreements in pdf format to avoid the possibility of changing them. EML shall not be liable for any damage that may be incurred by the User or the Companies due to changes made by the Companies to the confidentiality agreement.
7. Obligations of and restrictions to Users
7.1. A User must ensure that the information entered in the Platform is correct, relevant, complete and not misleading. The User must also ensure that the information entered into the Platform is up to date – in the case of any changes in the circumstances underlying the information submitted to the Platform, all necessary updates must be made in the Platform.
7.2. If the User acts on behalf of the Company, they must ensure that goods and services offered by them are in accordance with the legislation in force in the Republic of Estonia (incl. having all the necessary activity licences for the sale of the respective goods and services).
7.3. The User must be confident that uploading information (including images and videos) or sharing web links does not violate the intellectual property rights of third parties, including copyrights.
7.4. The User is not permitted to use the Platform:
(a) for committing offences or calling for committing offences;
(b) for sending spam mail;
7.5. It is forbidden to upload any content that:
(a) is derogatory, racist, discriminatory, violent or pornographic;
(b) regards the sale/purchase of goods or provision of services prohibited by law;
(c) is misleading advertising or unfair competition;
(d) contains malware or anything else that interferes with or damages the normal functioning of the Platform;
8.1. User registration, sending Requests and using the search engine of the Platform is free of charge.
8.3. After registration, a 30-day trial period begins, during which the User will be able to keep their Profiles in the Platform free of charge. After expiration of the trial period, displaying of the Profile in the Platform is subject to a fee, except for the members of the EML (hereinafter: Profile Fee).
8.4. Profile Fee shall be paid separately for each Company Profile that the User wishes to display. The obligation to pay a contractual fee arises for the respective Company.
8.5. Users can also purchase advertising service, in which case the preview of the selected Profile on the search engine’s results page is displayed before previews of other Company profiles that are displayed in the Platform with the same search criteria, and for which no advertising service is purchased. If the search results in a preview of several Profiles that have purchased ad services, they will appear in alphabetical order. Fee shall be paid separately for each Profile in respect of which the User requests the advertising service. The obligation to pay a contractual fee arises for the respective Company.
8.6. Price list for displaying the Profile and providing the ad services can be seen in the Platform. EML has the right to sell the price list unilaterally.
8.7. The invoice for maintaining and/or advertising the Company profile will be issued to the Company for whose Profile the service is purchased. The invoice will be issued as a prepayment invoice for the next 12 months. The invoice must be paid to the account specified in the invoice not later than within seven days after issuing of the invoice, unless otherwise stated in the invoice.
8.8. In the event of delaying the performance of financial obligations, the EML has the right to claim default interest of 0.2% of the outstanding amount per day.
9.2. EML is not responsible for the performance of contracts entered into through the Platform, including for services provided or goods purchased or sold. Users conclude all contracts without the intervention of the EML and are responsible for the performance of such contracts and for any other circumstances related to the conclusion of their contracts.
9.3. EML is not responsible for and does not resolve disputes between Users.
9.4. EML does not guarantee the accuracy or completeness of the data entered by Users in the Platform. EML is not responsible for the consequences arising from the data entered by Users. Users are responsible for all the data they enter into the Platform.
9.5. EML does not guarantee that the Platform is available at all times. EML does not warrant that the Platform is compatible with the software and/or hardware of the User, or that the Platform is free from any errors or malicious software at any time. EML may interrupt the availability of the Platform at its own discretion to carry out maintenance work, giving reasonable notice.
9.6. EML has the right to restrict or cancel the User's access to the Platform if:
(b) The User has entered information that is incorrect, misleading, inaccurate or has become incorrect, misleading, or inaccurate.
9.7. If the EML becomes aware of any continuous violation or a violation performed via the Platform, it has the right to remove illegal content from the Platform or prevent access to it.
9.8. EML shall not be liable for any damages incurred by the User or third parties in connection with the use of legal remedies by the EML (for example, removing unlawful content from the Platform).
10. Links to third party websites
11. Applicable law and settlement of disputes
11.2. Any disputes between the EML and Users shall be resolved in good will by negotiations. If settling the dispute in this way is not successful, the court of first instance is Harju County Court (Tallinn, Estonia).
12. Processing of personal data
13. Final provisions
This Contract for the Processing of Personal Data is concluded upon the creation of the Profile by the User, and the parties to the Contract are the EML and the Company.
1. Application of the procedure for the processing of personal data
1.1. In the section where the User adds personal information to the Platform as a Company's representative, the Company is the controller and the EML is the processor. The rules for processing personal data are established in this Procedure.
2. Obligations of the EML
2.1. EML agrees and confirms that:
(a) EML will only process personal data on behalf of the Company and in accordance with its instructions and procedures, including the transfer of personal data to a third country or international organisation, unless the EML is obliged to do so by the applicable law. In such a case, the EML will notify the Company of this legal requirement prior to the processing of the personal data, if such notification is not prohibited due to substantial public interest;
(b) there are no circumstances that prevent or rule out the ability of the EML to comply with the guidelines received from the Company and its obligations under the EML;
(c) EML ensures that persons authorised to process personal data are committed to observing the confidentiality requirement;
(d) EML takes all the measures required by Article 32 of the General Data Protection Regulation (Regulation (EU) 2016/679 of the European Parliament and of the Council) (hereinafter referred to as “the GDPR”) and has implemented technical and organisational security measures to protect personal data from accidental or unlawful destruction or accidental loss, alteration, unauthorised disclosure or access, in particular where processing involves the transmission of data over the network, and any other possible unlawful processing;
(e) taking into account the nature of the processing of personal data, the EML will, as far as possible, help the Company via appropriate technical and organisational measures to fulfil its obligation to exercise the data subject's rights under Chapter III of the GDPR;
(f) EML helps the Company meet its obligations under Articles 32-36 of the GDPR, taking into account the nature of the processing of personal data and the information available to the EML;
(g) upon the completion of data processing on behalf of the Company, all personal data and existing copies will be deleted by the EML, unless the applicable law requires retention of data;
(h) EML shall make all information necessary to demonstrate compliance with the obligations laid down in Article 28 of the GDPR available to the Company and, at the request of the Company, enable it to carry out audits of its own data processing facilities, procedures and locations, organised by the Company or by a control body selected by the Company and, where appropriate, by a control authority in agreement with a supervisory authority, consisting of independent members with the requisite professional skills and confidentiality. EML shall notify the Company as soon as the Company's organisation is in conflict with applicable law in connection with the given Section of the Procedure;
(i) EML shall handle all the Company's requests related to the processing of personal data within a reasonable time and with due care, and adhere to the Supervisory Authority's advice on the processing of transmitted data.
3. Scope and principles of processing personal data
3.1. Company will submit the following personal data to the EML:
(a) names of shareholders or partners of the Company;
(b) photos and videos of Company employees and other persons associated with the Company (e.g., members of the Board);
(c) photo of the company’s contact person, their first and last name, email address, phone number, position, Facebook and Linkedin account address;
(d) skills and description of the Company’s employees.
3.2. EML will process personal data until the deletion of the User's account or up to three years after the last use of the Platform by the User, whichever comes later. Accounting records containing personal data shall be kept for seven years from the end of the financial year to which they relate.
3.3. EML processes personal data in the following ways and for the following purposes:
(b) to provide User support;
(c) to develop the Platform;
(d) to issue an EML catalogue;
(e) To perform the obligations arising from the legislation of the Republic of Estonia;
4.1. The Company hereby authorises the EML to include the following sub-processors in the processing of personal data:
(a) server service provider in so far as EML stores and processes personal information outside of the EML's office, such as OÜ Advanced Accountancy (Estonian company);
(b) developer of the EML’s ITK systems in so far as it is necessary for the management of the EML databases, provision of services and communication with Users, in which case the developer has access to the personal data processed by the EML to the extent necessary for the provision of development services, such as OÜ Advanced Accountancy (Estonian company);
(c) e-mail server service provider to the extent in which the EML uses e-mails to send personal data within the EML, e.g., to OÜ Advanced Accountancy (Estonian company) and Google LLC (Google has joined the Privacy Shield data protection framework, which ensures the processing of personal data to the same level as in the European Union);
(d) EML catalogue compiler to the extent in which a catalogue is compiled for introducing Company Profiles in the Platform, e.g., to OÜ Periodika Repro (Estonian company).
4.3. EML has concluded and concludes new subcontracting agreements that provide sufficient assurance that appropriate technical and organisational measures will be implemented to ensure that personal data processing complies with personal data protection legislation.
5. Final provisions
5.1. The rights and obligations arising from the Procedure are transferable to and binding for any successors of the EML and the Company.