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   privacy policy.
Privacy Policy

At Proactis we take care to protect the privacy of customers and users of this website (“site”). This Privacy Policy sets out the basis on which any personal data we collect from you, or that you provide to us, will be processed by us, whether you are a visitor to the site or a customer that subscribes to our services online or over the phone.

Who we are

In this privacy policy, the terms "we", "our" and "us" are used to refer to Proactis Tenders Limited, of AB1, First Floor, 48 Huntly Street, Aberdeen, AB10 1SH, company number SC115090.

You can contact us regarding this Privacy Policy at privacypolicy@proactis.com.

Where we got your information

We collect and process the following information about you either from your use of our site, or your correspondence with us by phone or email:

  • Information you give us. We collect and store the personal information that you submit through the site or by corresponding with us by phone, email or otherwise. This includes information that you provide when you register to use our site or subscribe to any of our services. The information you give us may include your name, postal address, email address, telephone number, details of any comments you provide to us, payment information and any documents you may upload containing your personal information. We may also collect and process records of any correspondence and communications with us and telephone calls may also be recorded.
  • Information we collect about you. We also collect and store the following information regarding each of your visits to our site:
    1. technical information, including the Internet protocol (IP) address used to connect your computer to the Internet, your login information, browser type and version, time zone setting, browser plug-in types and versions, operating system and platform; and
    2. information about your visit, including the full Uniform Resource Locators (URL) clickstream to, through and from our site (including date and time), products and / or services you viewed or searched for, page response times, download errors, length of visits to certain pages, page interaction information (such as scrolling, clicks and mouse-overs), and methods used to browse away from the page.

What we need and why we need it

We may use information we hold about you in the following ways:

  • Information you give us. We will use this information:
    1. to carry out our obligations arising from any agreements entered into between you and us and to provide you with the information, products and services that you request from us;
    2. to notify you about changes to any of our services;
    3. to communicate with you to gain feedback on our products or services in order to improve them;
    4. to ensure that content from our site is presented in the most effective manner for you and for your computer;
    5. to administer your attendance at training courses;
    6. to respond to any queries you may raise via LiveChat on our website;
    7. to administer any contest or other promotional feature that you may enter with us and to notify winners; and
    8. to provide you with information about other goods and services we offer that are similar to those that you have already purchased or enquired about, as further detailed in the 'Marketing' section below.
  • Information we collect about you. We will use this information:
    1. to administer our site and for internal operations, including troubleshooting, data analysis, testing, research, statistical and survey purposes;
    2. to improve our site to ensure that content is presented in the most effective manner for you and for your computer or mobile device;
    3. as part of our efforts to keep our site safe and secure; and
    4. to make suggestions and recommendations to you about services that may interest you.

Our legal basis for using your information

The legal grounds on which we rely to use your information are:

  • To allow us to perform our contract with you: When you purchase services from us, a contract between you and us will have been entered into. In order for us to fulfil our obligations under such contract, we will need to collect and process your personal information, including payment information. Failure to provide the requisite personal information on sign-up and payment information on entering into the contract or objecting to this type of processing / exercising your deletion rights will mean that we cannot provide our services to you.
  • To allow us to exercise our legitimate interests as a data controller: We rely on our legitimate interests as a data controller to process the personal information that you provide to us on feedback forms or through any contest or promotional feature that we may run, and to process personal information that we collect from you when you use our site. It is in our legitimate interests as a business to process the above information in to order administer our site, to ensure that content from our site is presented to you effectively and securely, and to run contests and other promotional features.

Marketing

We may use your personal information to contact you about other goods and services we offer that are similar to those that you have already purchased or enquired about. You will be given an option to opt-out of such marketing when you subscribe to a service.

We and other companies within our group (for full details, see www.proactis.com) may also use your personal information to contact you about other goods and services, provided you have given your consent.

You may withdraw your consent to the use of any of your personal information for marketing purposes, at any time by contacting us at privacypolicy@proactis.com. You will also be given the opportunity in each marketing communication to opt-out of future marketing communications.

Your payment information

If you sign up to purchase our Quarterly Plan subscription and consent to auto-renewal subscriptions (as set out in our Product Terms and Conditions), your payment information (such as credit or debit card details) and other information that we need to process your payment will be collected and stored by us and / or the payment processors with which we work.

We use your payment information to charge the applicable sum to your payment card and renew your purchase, in order to provide the services that you subscribe to (including any Add Ons that you may request) and to perform the contract between you and us.

How long we hold your data

With the exception of auto-renewal Quarterly Plan subscriptions, we do not retain your payment information, and this information will be immediately deleted once your payment is processed.

Where you have signed up for an auto-renewal Quarterly Plan subscription, our payment processors will retain your payment information and store it until you cancel your auto-renewal subscription. If you cancel your auto-renewal subscription, we will delete your payment information as soon as possible once your last payment is processed.

We will only hold your information for as long as it is required for the purposes for which it was obtained. There may be instances where we keep your personal information for longer periods for legal and regulatory purposes, such as to comply with our audit or revenue reporting obligations.

If you are not a customer and we have collected information about you, this will be deleted within 2 years.

Storage of your information, international data transfers and security

Where we have given you (or where you have chosen) a password which enables you to access certain parts of our site, you are responsible for keeping this password confidential. We ask you not to share your password with anyone.

The transmission of information via the Internet is not completely secure. Although we will do our best to protect your personal data, we cannot guarantee the security of your data transmitted to our site; any transmission is at your own risk. Once we have received your information, we will use strict procedures and security features to prevent unauthorised access.

Disclosure of Your Information

We won’t share your information with third parties, save as follows:

  • with our payment processors for the purposes of processing your payment;
  • with third party analytics suppliers that work with us for the purposes of producing aggregate statistics about customers, sales, traffic patterns and related site information – we use this information for the purposes detailed above and the third party suppliers use this information to inform their own analytics products and services;
  • if you have opted-in to receive targeted marketing via Facebook, we will upload data onto Facebook for that purpose;
  • with other members of our group for the purposes of marketing and only where you have provided your consent, as described above; and
  • with our event and training suppliers to allow us to deliver training, information sharing and events that you have opted to take part in.

Automated decision-making

We do not use your personal data to undertake any automated decision-making.

Cookies

For more information on how we use cookies, please see our Cookies Policy.

Your rights

You have certain rights in relation to your personal information that is processed by us. These rights are listed below. These rights are not absolute and apply subject to certain conditions, as set out in applicable data protection laws. Your rights may include:

  • the right to access personal data held by us about you;
  • the right to require us to rectify any inaccurate personal data held by us about you;
  • in certain circumstances, the right to require us to erase personal data held by us about you;
  • in certain circumstances, the right to restrict our processing of personal data held by us about you;
  • in certain circumstances, a right to receive personal data which you have provided to us in a structured, commonly used and machine readable format. You may also have the right to require us to transfer this personal data to another organisation, at your request;
  • the right to object to our processing of personal data held by us about you (including for the purposes of sending marketing materials to you); and
  • the right to withdraw your consent, where we are relying on it to use your personal data (for example, to provide you with marketing information about our services and products).

You can exercise these rights be contacting us using the details set out above.

Changes to this policy

If we make changes to our privacy policy, we'll share details of these changes on this page. Please continue to check this page to ensure that you are always aware of any changes.

Concerns or complaints

You can contact us regarding this Privacy Policy using the details set out above. Should you wish to make a complaint, you may also contact the Information Commissioner's Office using the details set out on its website, which is currently: https://ico.org.uk/global/contact-us/.


 

ESPD.eu Terms & Conditions

ABOUT OUR TERMS

This page (together with the documents referred to on it) tells you the terms and conditions (the "Terms") on which we supply and you may use, and the services made available through the ESPD.eu website (our "Site"). Please read these terms and conditions carefully before signing up to any of the services on our Site.

These Terms cover the ESPD service as set out below (the "Service"). You should understand that by signing up to the Service through our Site, you agree to be bound by these terms and conditions.

In these Terms, references to "we/us/our" means Proactis Tenders Limited (company registration number SC115090), registered office First Floor, 48 Huntly Street, Aberdeen, AB10 1SH. Proactis Tenders Limited is a group company of Proactis Holdings PLC. References to "you/your" means the company or organisation that you are acting on behalf of. You need to be aware that when you sign up to the Service, you are acting on behalf of the company that you work for and we have the right to treat you as having full authority to bind that organisation.

HOW THE CONTRACT IS FORMED BETWEEN YOU AND US

The contract is formed when you click the "sign up now" button at the end of the sign up process. When you click the "sign up now" button you are agreeing to these Terms and the contract between us and you is formed at that point.

These Terms and any documents referred to in these Terms, will form the entire agreement between us and you.

OUR SERVICE

These Terms cover the "ESPD" service, a tender documentation service designed to replace the Standard Questionnaire, which allows buyers to create European Single Procurement Document ("ESPD") requests consisting of a standard set of questions, and suppliers to create ESPD responses without the need to provide evidence immediately.

For Buyers: The ESPD tool can be used to set out your selection and exclusion criteria. The tool will guide you through the creation process from start to finish.

For Suppliers: The ESPD tool can be used to create an ESPD response. The tool will guide you through the creation process from start to finish.

YOUR SUBSCRIPTION

You can subscribe to the Service at www.ESPD.eu.

CHARGES FOR USING THE SERVICES

There is no charge for using this Service. In the event this changes, we will notify you in advance and any charges will only take effect 30 days after we have notified you that charges will be payable for the Service. If you do not wish to continue using the Service beyond this point, you may terminate it by providing notice in accordance with these terms.

USING THE SITE

Our Site and Service may be used for commercial purposes only and not for your own personal use.

We may prevent or suspend your access to the Site and Services if you do not comply with any part of these Terms, any terms or policies to which they refer or any applicable law or regulations.

You agree that you are solely responsible for:

all costs and expenses you may incur in relation to your use of the Site;

keeping your password and other account details confidential; and

your use of the information provided by the Service.

When using our Site you should also comply with our Website Terms of Use, which can be accessed here.

IF ANYTHING CHANGES

No changes to these Terms are valid or have any effect unless agreed by us in writing. We reserve the right to vary these Terms from time to time. Our updated terms will be displayed on the Site and by continuing to use and access the Site following such changes, you agree to be bound by any variation made by us. It is your responsibility to check the Site from time to time to verify such variations.

INTELLECTUAL PROPERTY

ESPD.eu and all Intellectual Property Rights in it including but not limited to any content are owned by us. All information provided under these Terms remains vested in the owners of the material.

Nothing in these Terms grants you any interest in the Site, except to the extent necessary to receive the benefit of the Service.

"Intellectual Property Rights" means rights such as: copyright, trademarks, domain names, design rights, database rights, patents and all other intellectual property rights of any kind whether or not they are registered or unregistered (anywhere in the world). We reserve all of our rights in any intellectual property in connection with these Terms. This means, for example, that we remain owners of them and free to use them as we see fit.

CONFIDENTIALITY

We both agree to keep confidential information provided by the other party confidential and only use it as far as necessary for the purpose of providing or receiving the Service (as appropriate).

For the purposes of these Terms, "Confidential Information" means any information provided by you or us to the other party, which is notified in writing as being confidential in nature.

The above restriction will not apply to any Confidential Information which:

is already in the public domain at the date of receipt of the Confidential Information;

becomes publically available following receipt, other than by breach of these Terms;

is independently developed, without reliance on information provided by the other party; or

is required to be disclosed by law or by a regulatory authority.

CANCELLING YOUR CONTRACT

Subject to any other rights of termination, your contract will continue until you or we terminate the contract by giving 30 days' written notice.

Should you choose to terminate, notice must be provided to us at the following email address: askus@espd.eu.

We may terminate the contract with you (or suspend your access to all or part of the Service) at any time and without penalty, in the event you breach your obligations under these Terms.

Subject to the above, either you or we may terminate these Terms where:

the other party commits a material breach which is not capable of being remedied;

the other party commits a material breach which is capable of being remedied but fails to do so within 7 days of the same being requested by the other party;

where you cease to carry on business or are declared bankrupt or, if you go into liquidation (except for the purposes of solvent amalgamation or reconstruction), administration or receivership, or otherwise becomes insolvent;

we are required to do so in order to comply with law or regulation;

where you are acquired by one of our competitors; or

where we choose to no longer offer the relevant Service.

SECURITY REQUIREMENTS

You agree that you will (and will ensure that any users accessing the Service on your behalf will):

not upload, or provide to us for upload, any material containing harmful software code, viruses or similar;

adhere to our reasonable security requirements: passwords must be a minimum of 8 characters and contain at least one letter and one number;

not pass on any information supplied to a third party without our written consent; and

adhere to the Website Terms of Use.

DATA PROTECTION AND PRIVACY

We collect and use your personal data in accordance with our privacy policy which can be found here. We may update our privacy policy from time to time and any updates will be shown on the Site. We recommend that you revisit the Site from time to time to stay informed about how we use your information.

We will comply with the data protection laws applicable to us when handling any personal data that you share with us. Insofar as you and we agree that we are acting as your processor in performing services to you, we shall use reasonable efforts to agree terms applicable to processors, as required by data protection laws.

DISCLAIMER

The description of the Service provided in these Terms is accurate to our best knowledge and belief. We do not provide any warranty or make any representation (express or implied) in relation to the Service, including in particular regarding their suitability for any use or application, except to the extent any warranties or conditions are not permitted to be excluded by law.

We will try to make the Service available for your use as far as possible, although we cannot guarantee that they will be available at all times or that your usage will be uninterrupted. We will also endeavour to keep the services accurate, up-to-date and free from bugs, however we cannot promise that this will be the case.

You are responsible for ensuring that your IT systems, devices and software are compatible with the Service and we do not provide any guarantees in relation to such compatibility.

LIABILITY

Except for any legal responsibility that we cannot exclude in law (such as for death or personal injury), we are not legally responsible for any:

losses that were not foreseeable to you and us when the contract between us was formed;

losses that that were not caused by any breach on our part;

business losses (including loss of opportunity to tender and loss of contract);

indirect or consequential loss; or

loss of goodwill or reputation.

We will not be responsible to you for any breach of these Terms due (directly or indirectly) to any event or circumstance beyond our reasonable control including, but not limited to, strikes, lock-outs or other industrial disputes, breakdown of systems or network access, the failure of any machine, data processing system or transmission link, or flood, fire, explosion or accident, or the acts or omissions of any party for whom we are not responsible.

Our liability under these Terms is limited to the charges paid or payable by you, in accordance with these Terms, for the Service.

TRANSFER OF THE CONTRACT AND SUBCONTRACTING

You are not entitled to transfer the benefit of this contract, or pass on any information supplied, to a third party without our prior written consent.

We may subcontract aspects of the Service to third parties, however we will always be responsible to you for the Service.

HYPERLINKS AND THIRD PARTY SITES

The Service and Site may contain links or references to third party websites. These are provided for your convenience only. We have no control over these websites and accept no responsibility for any content, material or information contained in them.

GOVERNING LAW

These Terms are governed by the laws of Scotland and the Scottish courts will have exclusive jurisdiction in relation to these Terms.

Privacy policy

At Proactis we take care to protect the privacy of customers and users of this website (“site”). Outlined below is an explanation of how we process information about visitors to the site.

Information about us

We are Proactis Tenders Limited, of of AB1, First Floor, 48 Huntly Street, Aberdeen, AB10 1SH. You can contact us regarding this Privacy Policy at askus@espd.eu

The personal information we use

  • We collect and store the personal information you choose to submit through the site (e.g. by entering details such as your name and email address and by uploading documents containing you personal information).
  • We also collect and store information regarding your use of the site.

How we use your personal information

We may use information we hold about you in the following ways:

Information you submit to us through the site.

We will use this information:

  • to carry out our obligations arising from any agreements entered into between you and us and to provide you with the information, products and services that you request from us;
  • to notify you about changes to any of our services;
  • to communicate with you to gain feedback on our products or services in order to improve them - if you do not want us to use your data in this way, then please notify us when contacted or unsubscribe using the appropriate facilities in the communication;
  • to ensure that content from our site is presented in the most effective manner for you and for your computer;
  • to provide you with information about other goods and services we offer that are similar to those that you have already purchased or enquired about, as further detailed in the 'Marketing' section below;
  • to provide you (and enable other companies within our group to provide you) with information about other goods and services, as further detailed in the 'Marketing' section below;

The legal grounds on which we use this information are:

  • to allow us to perform our contract with you (points one and two above);
  • to allow us to exercise our legitimate interests as a data controller (points three and four above);
  • on the basis of your consent (points five and six above).

Information regarding your use of the site

We will use this information:

  • to administer our site and for internal operations, including troubleshooting, data analysis, testing, research, statistical and survey purposes;
  • to improve our site to ensure that content is presented in the most effective manner for you and for your computer;
  • as part of our efforts to keep our site safe and secure.

The legal ground on which we use this information is to allow us to exercise our legitimate interests as a data controller.

Marketing

We may use your personal information to contact you about other goods and services we offer that are similar to those that you have already purchased or enquired about.

We and other companies within our group for full details, see www.proactis.com may also use your personal information to contact you about other goods and services, provided you have given your consent.

You may withdraw your consent to the use of any of your personal information for marketing purposes, at any time by contacting us on the details set out above.

Disclosure of Your Information

We won’t share your information with third parties, save as follows:

  • with third party analytics suppliers that work with us for the purposes of producing aggregate statistics about customers, sales, traffic patterns and related site information – we use this information for the purposes detailed above and the third party suppliers use this information to inform their own analytics products and services;
  • with other members of our group for the purposes of marketing and only where you have provided your consent, as described above.

Your agreement and what if anything changes

By using the site and related products and services, you consent to your personal information being used in the manner described in this privacy policy. If we make changes to our privacy policy, we'll share details of these changes on this page. Please continue to check this page to ensure that you are always aware of any changes.

Cookies

To make this site work properly, we sometimes place small data files called cookies on your device. Most big websites do this too.

What are cookies?

A number of our pages use cookies, for example to remember:

  • your display preferences, such as contrast colour settings or font size
  • if you have agreed (or not) to our use of cookies on this site

Enabling these cookies is not strictly necessary for the website to work but it will provide you with a better browsing experience. You can delete or block these cookies, but if you do that some features of this site may not work as intended.

Please see the table below for more information on what cookies are used on this site and their purpose;

CookieNamePurposeMore Info
.NET Framework ASP.Net_Session Id This cookie is created automatically by the software used to keep the website running. It simply holds ASP.Net variables which are essential to the operation of the site, and is killed when you finish browsing. Without this cookie, the website cannot operate. Visit Microsoft's website
User authentication TDE This cookie is created when you log in to the members area of the website. It is used to authenticate your user details when logged in, allowing you to navigate from page to page without having to enter your log in details multiple times. Without this cookie, you will not be able to use the members area of the website. The content is encrypted (e.g. of the content: ASPSESSIONIDJHSDFEKK=KJSHFWEJNDFSERFWERKJ NLKE) Visit Microsoft's website
Google Analytics _utma _utmb _utmc _utmz This cookie is used to collect information about how our visitors use the website. We use this information to compile reports and statistics which will help us improve the website. You can block these cookies. To find out how, view the link in the More Info section. An overview of Google's privacy policy

Do we use other cookies?

Some of our pages or subsites may use additional or different cookies to the ones described above. If so, the details of these will be provided in their privacy policy or cookies notice.

How to control cookies

You can control and/or delete cookies as you wish - for details, see AllAboutCookies.org. You can delete all cookies that are already on your computer and you can set most browsers to prevent them from being placed. If you do this, however, you may have to manually adjust some preferences every time you visit a site and some services and functionalities may not work. Once the cookies are set/updated on the web browser, the data they contain that is required for reporting purposes is sent to the Analytics servers in the GIF Request URL via the utmcc parameter.

Your rights regarding your personal information

You have certain rights in relation to your personal information processed by us. These include:

  • the right to object to the use of your information for marketing (as set out above);
  • the right to request a copy of your personal information, along with information regarding e.g. its use;
  • the right to request that your personal information is erased, subject to certain restrictions;
  • the right to request a copy of your information in commonly readable format, so that you can use it for other purposes.

You can exercise these rights be contacting us on the details set out above.

Contacting the ICO

You can contact us regarding this Privacy Policy on the details set out above. Should you wish to make a complaint, you may also contact the Information Commissioner's Office using the details set out on its website, which is currently: https://ico.org.uk/global/contact-us/.