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Terms of Use - Selerant Compliance Cloud

Welcome to our Selerant Compliance Cloud website (“SCC”). If you submit your personal user identification and log‐in information and complete the log‐in process to access, you agree to comply with and be bound by the following terms and conditions of use, as amended from time to time, which together with our privacy policy and cookies policy govern Selerant’s relationship with you in relation to this website. If you disagree with any part of these terms and conditions, please do not use our website.

‘Selerant ’, ‘our’, ‘we’ or 'SCC' refers to the owner of the website, Selerant S.r.l. whose registered office is Via Leonardo da Vinci n.19 - 20060 Cassina de' Pecchi (Milan) Italy, V.A.T. No. 10007350159. The term ‘you’ or “Licencee” refers to the user or viewer of our website, each party who accesses it.

SCC is an internet accessible electronic database containing global and local food and consumers regulatory standards, regulations and conditions of use. SCC also includes scientific and market news, partially through the means of links to relevant external sources.

1. License.

(a) Upon agreeing to the Terms, you are granted a non‐exclusive, non‐transferable, non‐sublicensable right and license to access the SCC in compliance with the Terms.

(b) Your use of the SCC shall be solely for your internal reference and informational purposes and in compliance with the Terms and all applicable laws. The license granted hereunder does not permit you (and you may not knowingly allow any third party) to: (i) download, store, create derivative works of, copy, alter or in any way modify the SCC or any content contained in it; (ii) translate, decompile, disassemble, reverse compile, reverse engineer, or decode the SCC; (iii) publish, display, sell, distribute, or sub‐license the SCC in any form of media (iv) disable, bypass or delete any copy protection or access control method implemented to prevent or deter unauthorized copying or use of the SCC; or (v) use the SCC in any fashion that infringes any copyright, intellectual property right, or other proprietary right or interest held by Selerant. Selerant reserves all rights in the SCC not expressly granted herein.

(c) you shall not allow any other person or entity to use your personal user identification and/or log‐in information to access the SCC. You shall be responsible for the use of your user identification and/or log‐in information and the SCC and for compliance with the Terms by any person or entity, whether or not authorized by You.

2. Licensee Privacy. The most current version of Selerant's Privacy Policy can be found through a link on the home page of the SCC. Selerant's Privacy Policy explains how Selerant may use certain personal data that you provide to Selerant when you log‐in to and use the SCC and how Selerant will protect Licensee's privacy. By using the SCC, you agree Selerant can use such data in accordance with its Privacy Policy, as amended from time to time.

3. Ownership; Licensee's Assignment of Intellectual Property Rights.Selerant owns or has the right to use all intellectual property contained in or associated with the SCC. You hereby grant to Selerant all intellectual property rights and other proprietary rights in any work you may create in violation of the Terms.

4. Warranty Disclaimer.

1) This material is: Information of a general nature only which is not intended to address the specific circumstances of any particular individual or entity. Not necessarily comprehensive, complete, accurate or up to date. Mainly linked to external sites over which Selerant has no control and for which Selerant assumes no responsibility. Not professional or legal advice (if you need specific advice, you should always consult a suitably qualified professional).

(a) SCC IS INTENDED TO BE AN INITIAL REFERENCE SOURCE ONLY, AND YOU MUST VERIFY INFORMATION OBTAINED FROM IT WITH KNOWLEDGEABLE PARTIES IN THE MARKET OF INTEREST PRIOR TO THE SALE OR SHIPMENT OF ANY PRODUCTS. YOU ACKNOWLEDGE THAT SELERANT CANNOT AND DOES NOT WARRANT THAT SCC OR THE DATA CONTAINED IN OR ACCESSIBLE THROUGH IT WILL BE ONE HUNDRED PERCENT (100%) ACCURATE AND FREE OF OMISSIONS OR THAT IT WILL MEET YOUR REQUIREMENTS.

Please note that it cannot be guaranteed that a document available online exactly reproduces an officially adopted text, so that only legislation published in the paper editions of the specific Official Journals is deemed authentic.

It is our goal to minimise disruption caused by technical errors. However some data or information on our site may have been created or structured in files or formats that are not error-free and we cannot guarantee that our service will not be interrupted or otherwise affected by such problems. Selerant accepts no responsibility with regard to such problems, or the consequences thereof, incurred as a result of using this site or any linked external sites.

In no case Selerant will be liable for any kind of damages or losses, including compensatory, direct, indirect or consequential damages, loss of data, income, production or profit, loss of or damage to property and claims of third parties arising out of or in connection with the use of the information provided in this database and/or in this website.

(b) Selerant accepts no responsibility or liability whatsoever with regard to the material on this site. PARTICULARLY SELERANT SHALL NOT BE LIABLE FOR ANY DAMAGES ARISING FROM ERRORS OR OMISSIONS IN SCC OR FROM YOUR USE OF IT. INTERNATIONAL REGULATIONS CHANGE FREQUENTLY, COMMODITY NOMENCLATURE AND RESIDUE DEFINITIONS VARY BETWEEN COUNTRIES, AND COUNTRY POLICIES REGARDING DEFERRAL TO INTERNATIONAL STANDARDS ARE NOT ALWAYS TRANSPARENT. SELERANT WILL USE COMMERCIALLY REASONABLE EFFORTS TO KEEP SCC CURRENT AND TO MAKE IT AS ACCURATE AND COMPLETE AS POSSIBLE; HOWEVER, THE INFORMATION IN IT MAY NOT BE COMPLETELY UP‐TO‐DATE OR ERROR FREE. IF YOU BECOME AWARE OF ANY ERRORS OR OMISSIONS IN SCC, IT WILL NOTIFY SELERANT OF THE ERRORS OR OMISSIONS, AND SELERANT WILL UNDERTAKE TO CORRECT THE ERRORS OR OMISSIONS EXPEDITIOUSLY.

(c) TO THE MAXIMUM EXTENT PERMITTED UNDER ANY APPLICABLE LAW, SCC AND ALL RELATED SERVICES (IF ANY) ARE PROVIDED AND LICENSED TO LICENSEE AS IS, AS AVAILABLE, AND WITH ALL FAULTS. SELERANT DISCLAIMS ALL WARRANTIES OF ANY KIND WITH RESPECT TO SCC, EXPRESSED OR IMPLIED OR STATUTORY, INCLUDING THE IMPLIED WARRANTIES OF MERCHANTABILITY, RELIABILITY OR AVAILABILITY, ACCURACY, COMPLETENESS, LACK OF NEGLIGENCE, NON‐INFRINGEMENT, OR FITNESS FOR A PARTICULAR PURPOSE.

(d) TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, SELERANT WILL NOT BE LIABLE TO LICENSEE FOR ANY SPECIAL, INCIDENTAL, PUNITIVE, INDIRECT OR CONSEQUENTIAL DAMAGES (INCLUDING LOST PROFITS, COST OF COVER, LOST OPPORTUNITIES, LOST SAVINGS, OR LOST DATA, CONFIDENTIAL OR OTHER INFORMATION, BUSINESS INTERRUPTION, LOSS OF PRIVACY AND FAILURE TO MEET ANY DUTY INCLUDING GOOD FAITH AND REASONABLE CARE) ARISING OUT OF LICENSEE'S USE OR INABILITY TO USE THE SCC, HOWEVER CAUSED, ON ANY THEORY OF LIABILITY (INCLUDING NEGLIGENCE), EVEN IF SELERANT HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT SHALL SELERANT'S AGGREGATE LIABILITY TO LICENSEE FOR USE OF THE SCC EXCEED THE AMOUNT PAID BY LICENSEE, IF ANY IS PAID, TO SELERANT FOR USE OF THE SCC WITHIN THE TWELVE (12) MONTH PERIOD PRIOR TO THE LAST EVENT GIVING RISE TO LICENSEE'S CLAIM. LICENSEE ACKNOWLEDGES THAT THIS PROVISION REFLECTS AN ADEQUATE AND ACCEPTABLE ALLOCATION OF RISK AND THAT THE REMEDIES SET FORTH ABOVE SHALL APPLY NOTWITHSTANDING THE FACT THAT THEY MAY RESULT IN LICENSEE’S USE OF THE SCC FAILING ITS ESSENTIAL PURPOSES. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE REMEDIES DESCRIBED ABOVE CONSTITUTE LICENSEE'S ONLY REMEDIES FOR ANY BREACH BY SELERANT OF ITS OBLIGATIONS UNDER THE TERMS.

5. Licensee Indemnification. You shall defend, indemnify, and hold harmless Selerant from all allegations, liabilities, claims, and expenses, including reasonable attorneys' fees, that arise from or relate to Licensee's use or misuse of, or access to the SCC and Licensee's breach of the Terms.

6. Governing Law; Dispute Resolution.

(a) The Terms shall be construed under and governed by the internal laws of Italian Republic without regard to its conflict of law's provisions.

(b) The exclusive venue for any disputes arising under or related to the Terms or Licensee's use of the SCC shall be in the Courts of Milan (Italy). Licensee and Selerant consent to the personal and exclusive jurisdiction of such courts for such disputes.

(c) If any provision of the Terms is held to be invalid or not legal, such decision shall not affect any other provision of it, and the remainder of the Terms shall continue to be valid and legal.

(d) Communications with Selerant regarding the Terms and SCC shall be sent to foodcompliancecloud@selerant.com.

Last modified: April 29, 2015

Selerant S.rl.

Selerant Compliance Cloud Privacy Statement

Selerant Compliance Cloud (hereinafter “SCC) Portal is committed to protecting your privacy and developing technology that gives you the most powerful and safe online experience. This Statement of Privacy applies to SCC web site and governs data collection and usage. By using the SCC Portal, you consent to the data practices described in this statement.

Collection of your Personal Information

SCC Portal collects personally identifiable information, such as your e-mail address, name, home or work address or telephone number. SCC Portal also collects anonymous demographic information, which is not unique to you, such as your ZIP code, age, gender, preferences, interests and favorites. There is also information about your computer hardware and software that is automatically collected by SCC Portal. This information can include: your IP address, browser type, domain names, access times and referring Web site addresses. This information is used by SCC Portal for the operation of the service, to maintain quality of the service, and to provide general statistics regarding use of the SCC Portal Web site. Please keep in mind that if you directly disclose personally identifiable information or personally sensitive data through SCC Portal public message boards, this information may be collected and used by others. Note: SCC Portal does not read any of your private online communications. SCC Portal encourages you to review the privacy statements of Web sites you choose to link to from SCC Portal so that you can understand how those Web sites collect, use and share your information. SCC Portal is not responsible for the privacy statements or other content on Web sites outside of the SCC Portal and SCC Portal family of Web sites.

Use of your Personal Information

SCC Portal collects and uses your personal information to operate the SCC Portal Web site and deliver the services you have requested. SCC Portal also uses your personally identifiable information to inform you of other products or services available from SCC Portal and its affiliates. SCC Portal may also contact you via surveys to conduct research about your opinion of current services or of potential new services that may be offered.

SCC Portal does not sell, rent or lease its customer lists to third parties. SCC Portal may, from time to time, contact you on behalf of external business partners about a particular offering that may be of interest to you. In those cases, your unique personally identifiable information (e-mail, name, address, telephone number) is not transferred to the third party. In addition, SCC Portal may share data with trusted partners to help us perform statistical analysis, send you email or postal mail, provide customer support, or arrange for deliveries. All such third parties are prohibited from using your personal information except to provide these services to SCC Portal, and they are required to maintain the confidentiality of your information.

SCC Portal does not use or disclose sensitive personal information, such as race, religion, or political affiliations, without your explicit consent.

SCC Portal keeps track of the Web sites and pages our customers visit within SCC Portal, in order to determine what SCC Portal services are the most popular. This data is used to deliver customized content and advertising within SCC Portal to customers whose behavior indicates that they are interested in a particular subject area.

SCC Portal Web sites will disclose your personal information, without notice, only if required to do so by law or in the good faith belief that such action is necessary to: (a) conform to the edicts of the law or comply with legal process served on SCC Portal or the site; (b) protect and defend the rights or property of SCC Portal; and, (c) act under exigent circumstances to protect the personal safety of users of SCC Portal, or the public.

Security of your Personal Information

SCC Portal secures your personal information from unauthorized access, use or disclosure. SCC Portal secures the personally identifiable information you provide on computer servers in a controlled, secure environment, protected from unauthorized access, use or disclosure. When personal information (such as a credit card number) is transmitted to other Web sites, it is protected through the use of encryption, such as the Secure Socket Layer (SSL) protocol.

Changes to this Statement

SCC Portal will occasionally update this Statement of Privacy to reflect company and customer feedback. SCC Portal encourages you to periodically review this Statement to be informed of how SCC Portal is protecting your information.

Contact Information

SCC Portal welcomes your comments regarding this Statement of Privacy. If you believe that SCC Portal has not adhered to this Statement, please contact SCC Portal at us-helpdesk-response@selerant.com. We will use commercially reasonable efforts to promptly determine and remedy the problem.

Notice provided according to the terms of Italian Legislative Decree No. 196 of 30 June 2003

Italian Legislative Decree 196/2003 (Privacy Code), which governs the protection of personal data, has established that the treatment of your personal data can be effected only with your full consent and only after you have been informed of how your personal data in its possession will be treated, by respecting data subjects’ rights, with regard to confidentiality, personal identity and the right to personal data protection, in compliance with the principles of legality, transparency and good faith. To this end, Selerant Srl -Via Leonardo da Vinci, 19 - 20060 - Cassina de’ Pecchi (MI) – Italy, P. Iva 10007350159 Phone +39 02 786203 Fax +39 02 95341389 Email us-helpdesk-response@selerant.com the entity in charge and responsible for the treatment of your data, conforming to art. 13 of the Privacy Code, informs you as follows :

Treatment of the data concerned is performed using procedures that guarantee respect for the privacy rights of the user and consists of its collection, registration, organization, archiving, processing, modification, selection, retrieval, comparison, use, interconnection, grouping, communication, circulation, cancellation and destruction, also via a combination of two or more of the aforementioned procedures;

Data treatment itself is solely in relation to or instrumental to the activities according to the aims and objectives of Selerant Srl, for the sole purposes strictly connected to, performing the tasks requested and duties deriving from the service contract, particularly: for inserting customers’ master data in the company electronic databases; for keeping and handling the accountancy ; for handling payments and money cashing; for accomplishing obligations by civil and fiscal law, regulations and by UE rules; to collect data and information relating to each customer essential to constructing an effective customized programme; this implies the necessity, for the system, of identifying and recognizing the individual client; to issue messages of purely informational content about Selarant S.r.l. and linked topics, also on behalf of third parties; to issue informational material or advertising; to elaborate statistical studies and research customers and other data, and if necessary communicate these to third parties working with Selerant srl.

With reference to the above mentioned purposes, the treatment of personal data will be performed mainly using automatic and computerized methods, in strict logical correspondence to the purposes themselves and, in any event, always in full respect of privacy and security rules specified by current law.

The data will be preserved, for the length of time specified by law, at the operational headquarters of Selerant S.r.l. Via Leonardo da Vinci, 19 - 20060 - Cassina de’ Pecchi (MI) – Italy and treated by employees and/or professionals empowered to do so by, and who will perform the above mentioned activities. For this purpose, the data may be transmitted to external bodies which perform functions strictly connected and instrumental to operations.

Conferral of permission by the user to treat his personal data is optional. A refusal to enter the requested information on the page dedicated to registration, however, renders the service impossible.

The user may contact the controller, Selerant S.r.l. at email address compliancecloud@selerant.com at any time to exercise his rights as indicated in article 7 of Italian Law 196/03, the text of which is hereby given in full:

Article 7 Right of access to personal data and other rights.

The individual has the right to receive confirmation of the existence or not of personal data of which he is subject, even if not yet registered, and communication of the same in intelligible form.

The individual has the right to receive indication: of the origin of personal data; of the purposes for and conditions in which said data is to be treated; of the logic applied in the case of treatment performed with the assistance of electronic methods; of the identity of the controller, the processors and the representative appointed under the terms of article 5, subsection 2; of the subjects and subject categories to which personal data may be communicated or which may receive such information while acting as national territory representative, processors or appointees.

The individual has the right to: update, modify or, if so desired, integrate the data; cancel, transform into anonymous format or block data treated in violation of the law, including that which it is not necessary to preserve in relation to the purposes for which said data was collected or subsequently treated; receive confirmation that procedures under letters a) and b) have been brought to the attention, also in relation to their content, to those bodies or persons to whom said data has been communicated or transmitted, except in the case in which such communication proves impossible or involves means manifestly disproportionate with respect to the right protected.

The individual has the right, wholly or in part: when his/her reasons are legitimate, to oppose to the treatment of data of which he is subject, even if pertinent to the purposes of the data collection; to oppose to the treatment of data of which he is subject for the purposes of issuing advertising or direct sales material or for market research or commercial communications.

Personal data for the only purpose of the execution of the contract shall be communicated to: everyone whom the communication is necessary to pursue the above mentioned purposes (legal, administrative and taxation consultants, auditing companies, shipping, forwarding and delivery companies, data processing institutes etc.); to banks for payments and money cashing ; factoring or credit recovery companies; Collected data shall not be spread otherwise.

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