1. General

1.1. Ownership of the Platform

This platform is operated by MINDS & SPARKS GmbH (M&S) on behalf of the EU-Japan.AI consortium. These Terms and Conditions set out how you may use our platform accessible at https://www.eu-japan.ai. Our sites may only be available in certain countries and languages.

MINDS & SPARKS GmbH whose registered address is at Gumpendorfer Straße 73/17, 1060 Vienna (Austria), with VAT number ATU73869879, telephone number +43 1 9972019 and email address office@mindsandsparks.org, owns the domain https://www.eu-japan.ai (hereinafter, the “PLATFORM”). The domain name through which you have accessed the PLATFORM is property of M&S. The domain name cannot be used in connection with other content, products and / or services that are not owned by M&S or the EU-Japan.AI consortium or so that it may cause confusion among end users or discredit M&S or EU-Japan.AI consortium.

By using this site, you agree to be bound by these Terms and Conditions. We reserve the right to amend these Terms and Conditions from time to time, so you should review this page periodically for any changes. These terms apply not only for registered user/organisations but also to any visitor of the platform. You must not use this platform if you disagree with any of these platform Standard Terms and Conditions.

These Terms constitute the entire agreement between EU-Japan.AI and you in relation to your use of this platform and supersede all prior agreements and understandings.

You can help us keep the platform a friendly place by reporting any break of these terms and conditions by sending an email to office@eu-japan.ai.

1.2. Governing Law Clause & Jurisdiction

These terms and conditions and the transactions contemplated hereby shall be governed by, and construed and interpreted in accordance with, the European law, without regard to the choice-of-law principles thereof. The courts of Austria will have exclusive jurisdiction to adjudicate any dispute arising under or in connection with this Agreement.

1.3. Minors

Minors or people below 14 years old are not allowed to use this platform.

1.4. Intellectual Property Rights

All intellectual property rights in the information and content available on our sites belong to the EU-Japan.AI consortium or our partners. Much of the content is protected by copyright, trade mark and other laws. Unless otherwise stated, content may be copied only for your personal use. Content should not be modified, performed, published, transferred to anyone else or used for any commercial purpose. Except to the extent permitted by applicable law, you must not disassemble, de-compile, reverse engineer or otherwise break or attempt to break encryption protecting the content.

1.5. Data Security

Whilst making every attempt to secure personal data, EU-Japan.AI cannot accept responsibility for any unauthorized access or loss of personal information that is beyond the control of EU-Japan.AI.

The organisational and private information that you share will be published on the platform with your consent.

The platform shares knowledge and materials between all kinds of stakeholders, therefore EU-Japan.AI recommends you to not submit any information on the platform that you consider confidential.

The EU-Japan.AI Platform infrastructure, including Customer Data and regular back-ups of Customer Data, is located in a secure environment. The server is hosted from a hosting company located in Germany. The EU-Japan.AI Platform systems are behind a stateful firewall.

The data in transit is encrypted using the most current version of HTTPS/TLS. In addition, we encrypt all backups of our customers’ data using secure Bcrypt hashing and Message Digest Algorithm 5 (MD5) encryption.

Whilst precautions are taken to detect computer viruses and ensure security, EU-Japan.AI cannot guarantee that the platform is virus-free and secure. EU-Japan.AI shall not be liable for any loss or damage which may occur as a result of any virus or breach of security.

2. Privacy Policy

2.1. Personal Data

While using our Platform, we may ask you to provide us with certain personally identifiable information that can be used to contact or identify you (“Personal Data”). Personally, identifiable information may include, but is not limited to:

• Email address
• First name and last name
• Phone number
• Address, State, Province, ZIP/Postal code, City
• Cookies and Usage Data
• Organisation Data (Foundation year, geographical market segmentation, profit type)

2.2. General Data Protection Regulations (GDPR)

The entity assuming the role of data processing and controller for the purpose of General Data Protection Regulation (GDPR), other data protection laws applicable in Member states of the European Union and other provisions related to data protection is:

• MINDS & SPARKS GmbH
• Gumpendorfer Straße 73/17
• 1060 Vienna, Austria
• Phone: +43 1 9972019
• Email: office@mindsandsparks.org
• Website: https://www.mindsandsparks.org

The platform https://www.eu-japan.ai/ collects a series of general data and information when a data subject or automated system calls up the website. This general data and information are stored in the server log files. Collected may be (1) the browser types and versions used, (2) the operating system used by the accessing system, (3) the website from which an accessing system reaches our website (so-called referrers), (4) the sub-websites, (5) the date and time of access to the Internet site, (6) an Internet protocol address (IP address), (7) the Internet service provider of the accessing system, and (8) any other similar data and information that may be used in the event of attacks on our information technology systems.

When using these general data and information, EU-Japan.AI does not draw any conclusions about the data subject. Rather, this information is needed to (1) deliver the content of our website correctly, (2) optimize the content of our website as well as its advertisement, (3) ensure the long-term viability of our information technology systems and website technology, and (4) provide law enforcement authorities with the information necessary for criminal prosecution in case of a cyber-attack.

Our main policy and procedure document for data protection does meet the standards and requirements of the EU GDPR. Accountability and governance measures are in place to ensure that we understand and adequately disseminate and evidence our obligations and responsibilities with a dedicated focus on privacy by design and the rights of individuals.

2.3. Legitimate Interests pursued by the Controller or by a third Party

Where the processing of personal data is based on Article 6(1) lit. of GDPR our legitimate interest is to carry out our business in favour of the well-being of all our consortium, employees and the shareholders.

2.4. Use of Data

EU-Japan.AI uses the collected data for various purposes:

• To provide and maintain the Service
• To notify you about changes to our Service
• To allow you to participate in interactive features of our Service when you choose to do so
• To provide customer care and support
• To provide analysis or valuable information so that we can improve the Service
• To monitor the usage of the Service
• To detect, prevent and address technical issues

2.5. Disclosure of Data

EU-Japan.AI may disclose your Personal Data in the good faith belief that such action is necessary:

• To comply with a legal obligation
• To protect and defend the rights or property of EU-Japan.AI
• To prevent or investigate possible wrongdoing in connection with the Service
• To protect the personal safety of users of the Service or the public
• To protect against legal liability

2.6. Contact possibility via Platform

The platform https://www.eu-japan.ai/ contains information that enables a quick electronic contact to our enterprise, as well as direct communication with us, which also includes a general address of the so-called electronic mail (e-mail address). If a data subject contacts the controller by e-mail or via a contact form, the personal data transmitted by the data subject are automatically stored. Such personal data transmitted on a voluntary basis by a data subject to the data controller are stored for the purpose of processing or contacting the data subject. There is no transfer of this personal data to third parties.

2.7. Routine erasure and blocking of personal Data

The data controller shall process and store the personal data of the data subject only for the period necessary to achieve the purpose of storage, or as far as this is granted by the European legislator or other legislators in laws or regulations to which the controller is subject to.

If the storage purpose is not applicable, or if a storage period prescribed by the European legislator or another competent legislator expires, the personal data are routinely blocked or erased in accordance with legal requirements.

2.8. Protection of Citizen’s Right

a) Right of confirmation

Each data subject shall have the right granted by the European legislator to obtain from the controller the confirmation as to whether or not personal data concerning him or her are being processed. If a data subject wishes to avail himself of this right of confirmation, he or she may, at any time, contact any employee of the controller.

b) Right of access

Each data subject shall have the right granted by the European legislator to obtain from the controller free information about his or her personal data stored at any time and a copy of this information.

c) Right to rectification

Each data subject shall have the right granted by the European legislator to obtain from the controller without undue delay the rectification of inaccurate personal data concerning him or her. Taking into account the purposes of the processing, the data subject shall have the right to have incomplete personal data completed, including by means of providing a supplementary statement.

If a data subject wishes to exercise this right to rectification, he or she may, at any time, contact any employee of the controller.

d) Right to erasure (Right to be forgotten)

Each data subject shall have the right granted by the European legislator to obtain from the controller the erasure of personal data concerning him or her without undue delay, and the controller shall have the obligation to erase personal data without undue delay where one of the following grounds applies, as long as the processing is not necessary:

The personal data are no longer necessary in relation to the purposes for which they were collected or otherwise processed.

The data subject withdraws consent to which the processing is based according to point (a) of Article 6(1) of the GDPR, or point (a) of Article 9(2) of the GDPR, and where there is no other legal ground for the processing.

The data subject objects to the processing pursuant to Article 21(1) of the GDPR and there are no overriding legitimate grounds for the processing, or the data subject objects to the processing pursuant to Article 21(2) of the GDPR.

The personal data have been unlawfully processed.

The personal data must be erased for compliance with a legal obligation in Union or Member State law to which the controller is subject.

The personal data have been collected in relation to the offer of information society services referred to in Article 8(1) of the GDPR.

If one of the aforementioned reasons applies, and a data subject wishes to request the erasure of personal data stored by EU-Japan.AI, he or she may, at any time, contact any employee of the controller.

e) Right of restriction of processing

Each data subject shall have the right granted by the European legislator to obtain from the controller restriction of processing where one of the following applies:

The accuracy of the personal data is contested by the data subject, for a period enabling the controller to verify the accuracy of the personal data.

The processing is unlawful and the data subject opposes the erasure of the personal data and requests instead the restriction of their use.

The controller no longer needs the personal data for the purposes of the processing, but they are required by the data subject for the establishment, exercise or defence of legal claims.

The data subject has objected to processing pursuant to Article 21(1) of the GDPR pending the verification whether the legitimate grounds of the controller override those of the data subject.

f) Right to data portability

Each data subject shall have the right granted by the European legislator, to receive the personal data concerning him or her, which was provided to a controller, in a structured, commonly used and machine-readable format. He or she shall have the right to transmit those data to another controller without hindrance from the controller to which the personal data have been provided, as long as the processing is based on consent pursuant to point (a) of Article 6(1) of the GDPR or point (a) of Article 9(2) of the GDPR, or on a contract pursuant to point (b) of Article 6(1) of the GDPR, and the processing is carried out by automated means, as long as the processing is not necessary for the performance of a task carried out in the public interest or in the exercise of official authority vested in the controller.

Furthermore, in exercising his or her right to data portability pursuant to Article 20(1) of the GDPR, the data subject shall have the right to have personal data transmitted directly from one controller to another, where technically feasible and when doing so does not adversely affect the rights and freedoms of others.

g) Right to object

Each data subject shall have the right granted by the European legislator to object, on grounds relating to his or her particular situation, at any time, to processing of personal data concerning him or her, which is based on point (e) or (f) of Article 6(1) of the GDPR.

i) Right to withdraw data protection consent

Each data subject shall have the right granted by the European legislator to withdraw his or her consent to processing of his or her personal data at any time.

If the data subject wishes to exercise the right to withdraw the consent, he or she may, at any time, contact any employee of EU-Japan.AI.

2.9. Google Analytics and external Scripts

This website uses functions of Google Analytics of Google Inc., 1600 Amphitheatre Parkway, Mountain View, CA 94043, United States, which support interest-based advertising and advertising based on user browsing behaviour. Google Analytics uses a third-party cookie from DoubleClick to evaluate data regarding users’ browsing behaviour on different websites. This data can be used to prepare statistical statements on demographic data and areas of interest of website users.

We expressly draw your attention to the fact that we cannot view data related to individual users and that the statistical data we use cannot be traced back to specific users.

You can disable the DoubleClick cookie at any time:

http://www.google.com/ads/preferences/html/opt-out.html

For more information about Google’s terms of use and privacy, please visit:

https://policies.google.com/?hl=en&gl=de

We collect personal data from third party social networking sites (such as the “Like” functionality on Facebook, the “Follow” functionality on Twitter or the YouTube functionality) through so called social plug-ins. The purpose of the data collection and the further processing and use of the data by the providers on their pages as well as the rights and setting options for the protection of your privacy can be found in the data protection references of the respective providers. If you do not want the third-party social networking site to allocate data collected through our Sites to your account with this social network, you must log out of the respective social networking site before visiting our Sites.

3. Disclaimer of Liability

The material and information contained on this platform is for general information purposes only. You should not rely upon the material or information on the platform as a basis for making any business, legal or any other decisions. Whilst we endeavour to keep the information up to date and correct, EU-Japan.AI makes no representations or warranties of any kind, express or implied about the completeness, accuracy, reliability, suitability or availability with respect to the platform or the information, products, services or related graphics contained on the platform for any purpose. Any reliance you place on such material is therefore strictly at your own risk.

Although every effort is made to keep the platform up and running smoothly, due to the nature of the Internet and the technology involved, EU-Japan.AI takes no responsibility for and will not be liable for the platform being temporarily unavailable due to technical issues (or otherwise) beyond its control or for any loss or damage suffered as a result of the use of or access to, or inability to use or access this platform whatsoever.

To the extent not prohibited by law, in no circumstances shall EU-Japan.AI be liable to you or any other third parties for any loss or damage (including, without limitation, damage for loss of business or loss of profits) arising directly or indirectly from your use of or inability to use, this site or any of the material contained in it.

4. External Links

Certain links in this platform will lead to websites which are not under the control of EU-Japan.AI When you activate these you will leave the EU-Japan.AI platform. EU-Japan.AI has no control over and accepts no liability in respect of materials, products or services available on any platform which is not under the control of EU-Japan.AI.

5. Restrictions

You are specifically restricted from all of the following:

• publishing any platform material in any other media;
• selling, sublicensing and/or otherwise commercializing any platform material;
• publicly performing and/or showing any platform material;
• using this platform in any way that is or may be damaging to this platform;
• using this platform in any way that impacts user access to this platform;
• using this platform contrary to applicable laws and regulations, or in any way that may cause harm to the platform, or to any person or business entity;
• using this platform to engage in any advertising or marketing.

6. Website Terms of Use

To upload or download materials and to access this site and certain or all site content, users may be asked to provide registration details and to log in. It is a condition of use of this site, services and site content that all registration details users provide are and will remain true, correct, current and complete.

You agree to notify EU-Japan.AI immediately of any changes which are relevant to your registration.

When registering on our Platform, you acknowledge and agree to provide true, accurate, current and complete information about the organisation that you belong to or about yourself as a private person.

If EU-Japan.AI reasonably believes the details are not correct, current, or complete, or if EU-Japan.AI otherwise reasonably believes such action would be appropriate (including where it suspects the registration of multiple accounts/User profiles by the same individual/organisation), it has the right to refuse User’s access to the site, and/or any of its resources, Services and site content, and to terminate or suspend User’s account (if any).

User is responsible for maintaining the confidentiality of his or her password, account number, ID and other details (if any) and for all activities under User’s account. Any unauthorised use of User’s account or other breach of security should be reported to EU-Japan.AI immediately. Your registration and/or subscription is personal to you and you may not disclose or make available your account name, ID or password to others. Any disclosure by you of your account name and password may result in termination of your registration

While registered you will be able to create, edit and delete information about your organisation and yourself. At any time EU-Japan.AI is allowed to manage information shared by you in this platform.

• To make sure that the platform experience for any user is enjoyable and informative, please ensure that your information shared in this platform is following these platform guidelines.
• To keep things friendly, the use of swearing and vulgar language is not permitted on the EU-Japan.AI Platform; this includes the use of slang acronyms that contain swear words.
• Do not upload anything that could be perceived as discriminatory, gross or offensive; such as racist, sexist, pornographic, profane, vulgar, derogatory, hateful, or threatening content and “shock” images.
• Please also avoid creating duplicate information.
• Do not share chain letters, solicitations, pyramid schemes and advertisements.

If you have questions or comments about the platform or its contents, please email us at office@eu-japan.ai.