General Terms and Conditions for the Smartlink API implementation
Euler Hermes Group SAS, 1 place des Saisons, 92048 PARIS-LA DEFENSE, FRANCE CEDEX
Nanterre Trade and Companies Register no. 552 040 594
Holding company of an Insurance group
Director of publications:
The site’s publishing Director is:
Michael Eitelwein, Board Member, Group Chief Operating officer
Tel: 33 1 84 11 50 50
Euler Hermes Group, S.A.S, 1, place des Saisons 92048 PARIS -LA DEFENSE CEDEX
The Editor and the Euler Hermes group entities make available to their clients and partners having signed a specific addendum to their insurance policy or a partnership agreement Application Programming Interfaces (API) enabling them to have access to the Smartlink Services.
Through this web site (the “Site”) you may have access to the documentation related the API (the “Documentation”).
1. Terms and conditions of use
You should read these terms and conditions carefully before accessing the Site. By accessing the Site you agree to be bound by the terms and conditions set out below. If you do not wish to be bound by these terms and conditions, you may not access the Site.
2. Access to the site
2.1. Before we grant you access to the Site you must first register with Site administration. You will then be assigned a username and password to access the Site.
2.2. We reserve the right to suspend and withdraw access to some or all of the pages of the Site without notice at any time and accepts no responsibility for these pages not being available. We do not warrant (1) the full functionality of the Site, (2) that defects in the Site will be corrected or (3) that the Site or the server that makes it available is free of viruses or bugs.
Unless otherwise stated all intellectual property rights, including copyright, database rights and all other rights, in the Site and the Documentation are owned by (or licensed to) us and you are responsible for obeying all applicable intellectual property including copyright laws.. The Documentation may not otherwise be reproduced, stored in any medium (including in any other web site), distributed or transmitted to any other person or incorporated in any way into another document or other material without the prior written permission of us.
Any infringer of these property rights may be held civilly and criminally liable.
4. Use of the site
You agree to use the Site only for lawful purposes and in a manner, which does not infringe the rights of, or restrict or inhibit the use and enjoyment of the Site by any third party. You agree not to import or transfer to the Site either directly or indirectly any information or other content which is or may be inaccurate, misleading, defamatory, obscene or offensive or in breach of any intellectual property right or similar right or damaging to the software or performance of the Site.
5. Scope of your responsibility
You are wholly responsible for the use of the Site by any person using your terminal or point of presence and are responsible for ensuring that any such person also fully complies with these terms and conditions.
6. Your breach
If you are in breach of these terms and conditions you agree to indemnify us in respect of any and all losses, costs or damages including reasonable legal fees incurred by us in relation to or arising out of such breach
We make no warranties except as set out in these terms and conditions and to the extent permitted by law all other express and implied warranties are hereby excluded.
8. Limitation of Liability
To the extent permitted by law, we do not accept any responsibility for any losses or damages whatsoever including, without limitation, direct, indirect, special or consequential loss or damage and/or loss of profits, business revenue, goodwill or anticipated savings arising out of access to or use of or reliance on any information posted on the Site or any hypertext or hyperlink to a web site or any information contained on or accessed through such web site.
9. Entire Agreement
These terms and conditions contain the entire understanding between you and us with regard to your access to the Site and no representation, statement or inducement, whether oral or written, not contained herein shall bind either you or us. We reserve the right to change these terms and conditions from time to time. Use of the Site is subject to the terms and conditions posted on the Site at the time of your visit. If you do not agree to any changes to the terms and conditions then you must immediately stop using the Site.
If you sign a specific addendum to your insurance policy or a partnership agreement with one of the Euler Hermes group entities, then the terms and conditions set out in this addendum or in the partnership agreement shall prevail.
10.1. You must keep secret and not disclose to third parties without our permission any passwords, codes and information obtained from or through the Site and the Documentation
10.2. These conditions of confidentiality shall survive any termination by you or the user to access the Site or the withdrawal by Euler Hermes of your right to use the Site.
11. Personal data
By accessing and using the Site, you acknowledge and agree that Euler Hermes may:
1. process Personal Data provided by you (“Relevant Data”), for the purpose of carrying out insurance and any associated activities, including risk assessment, grading, credit management and debt collection (“Relevant Activities”);
2. transfer Relevant Data to any company or branch within the Euler Hermes group and to responsible third parties (including entities outside the European Economic Area where necessary subject to effective transfer mechanisms, such as EU Standard Contractual Clauses or Binding Corporate Rules), for the purpose of carrying out Relevant Activities;
3. disclose the Relevant Data to and use information from credit reference agencies for credit risk assessment and identification purposes; and
4. retain the Relevant Data for a reasonable time after termination of the policy, partnership or services agreement or rejection of any limit or grade applications, for audit purposes and exercising of our legal rights and obligations.
The privacy statement explain types of personal data Euler Hermes is collecting, how and why Euler Hermes collects and uses it and how long it is kept. Euler Hermes also explain their rights to access, correct, or object to the processing of this data (including requesting deletion, subject to applicable laws and regulations). The privacy statement can be consulted on the website of Euler Hermes. In case of questions an email can be sent to firstname.lastname@example.org.
Pursuant to the regulation on the protection of privacy in relation to the processing of personal data , you, your legal or duly authorized representative and the users shall enjoy a right of access, modification, rectification, deletion and opposition in respect of their personal data by sending an email to the address of email@example.com or by sending a letter to Euler Hermes Group SAS, 1 place des Saisons, 92048 PARIS-LA DEFENSE, FRANCE CEDEX .
By supplying Relevant Data to us, you confirm that:
1. you have notified and, where necessary, obtained consent from and are authorized by all relevant individuals to provide Relevant Data to Euler Hermes and to permit the processing of such data for the purpose of Relevant Activities. For the avoidance of doubt, when Euler Hermes is provided by you with any Personal Data relating to your customers, it will be received by Euler Hermes on the basis that you are authorized to process it in compliance with the Data Protection Legislation;
2. you will comply with all your obligations under the Data Protection Legislation and, in particular, you will have in place appropriate technical and organizational measures to safeguard against any unauthorized or unlawful processing, accidental loss, destruction or damage of Personal Data.
Each party agrees to indemnify the other party against all liabilities, costs, expenses, damages and losses (including but not limited to penalties, fines, and legal costs (calculated on a full indemnity basis) and all other reasonable professional costs and expenses) suffered or incurred by the latter arising out of or in connection with the breach of the Data Protection Legislation or the obligations under this clause by the other party, its employees, agents or the user, provided that the other party give to the other one prompt notice of such claim, full information about the circumstances giving rise to it (subject to any confidentiality restrictions), and reasonable assistance in dealing with the claim.
12. Governing Law
These terms and conditions and your use of the Site are governed by French law. Disputes arising out of these terms and conditions shall be subject to the exclusive jurisdiction of the French courts.