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Board Foundation Platform Terms of Use
These Terms of Use (“Terms of Use”) are effective as of 12.2.2021. By accessing or using the platform “Board Networks of the International Board Foundation” (hereafter, the “Platform”) and any information provided on the Platform, or by logging into the Platform with your user account, you agree to be bound by these Terms of Use. The Platform is owned by the Board Foundation acting by and through International Board Foundation and operated by "Hivebrite".
Please review these Terms of Use carefully prior to using the Platform. If you do not agree with these Terms of Use, please do not use the Platform.
The Platform comprises a suite of online services provided by International Board Foundation including but not limited to:
an online International Board Foundation Networks Directory
the newsletter and other communications option,
an online portal where you can find opportunities as a board member;
a User-to-User Messaging service, and
the International Board Foundation Networks events and services.
These Terms of Use govern your use of each component of the Platform.
1. Copyright; Rules for Submission of Content.
The Platform and any data, text, files, information, usernames, images, graphics, photos, profiles, audio and video clips, sounds, works of authorship, applications, links, and other content or materials (collectively, the “Platform Content”) are protected by copyright, trademark and other laws. As between you and International Board Foundation, International Board Foundation owns the intellectual property rights in the Platform and the Platform Content. You may use the Platform and the Platform Content only in the manner and for the purposes specified in these Terms of Use. Except as specifically permitted by these Terms of Use, you may not modify, transmit, produce, distribute, display, sell, license, broadcast, commercially exploit or otherwise make available in any form or by any means any part of the Platform or the Platform Content without the express written permission of International Board Foundation.
You retain ownership of all of your intellectual property rights in any content created, posted, or shared by you, on or through the Platform and any personal data, (the “User Content”). International Board Foundation does not claim ownership of your User Content.
You represent and warrant that: (i) you own your User Content; (ii) the posting and use of your User Content on or through the Platform will not violate, misappropriate or infringe on the rights of any third party, including, without limitation, privacy rights, publicity rights, copyrights, trademark and/or other intellectual property rights; (iii) you shall pay for all royalties, fees, and any other monies owed by reason of your User Content; and (iv) you have the legal right and capacity to enter into these Terms of Use in your jurisdiction.
2. Rules of Conduct.
You affirm that you are at least 18 years of age, or an emancipated minor, or possess legal parental or guardian consent, and are fully competent, to use the Platform and to enter into and comply with these Terms of Use.
You may not post violent, nude, partially nude, discriminatory, unlawful, infringing, hateful, disturbing, pornographic, or sexually suggestive photos or other content via the Platform.
You may not defame, stalk, bully, abuse, harass, threaten, impersonate or intimidate people or entities and you must not post private or confidential information via the Platform, including, without limitation, your or any other person's credit card information, social security or alternate national identity numbers, non-public phone numbers or non-public email addresses.
You may not use the Platform for any illegal or unauthorized purpose. You agree to comply with all laws, rules and regulations (for example, federal, state, local and provincial) applicable to your use of the Platform and your User Content, including but not limited to, copyright laws.
You must not interfere with or disrupt the Platform or servers or networks connected to the Platform, including by transmitting any worms, viruses, spyware, malware or any other code of a destructive or disruptive nature.
You must not create accounts with the Platform through unauthorized means, including but not limited to, by using an automated device, script, bot, spider, crawler or scraper.
You must not attempt to restrict another user from using or enjoying the Platform and you must not encourage or facilitate violations of these Terms of Use.
You may only make non-commercial uses of the Platform and Platform Content. Use of Platform or the Platform Content for any commercial, public or political purpose is strictly prohibited. Prohibited activities include, but are not limited to: (1) activities that are illegal or fraudulent; (2) use that inaccurately implies endorsement, approval, or sponsorship by International Board Foundation or any of its partners as listed on the website of the Platform (or any individual officer or employee of International Board Foundation or any of its partners as listed on the website of the Platform); (3) use that can be confused with official communications of International Board Foundation or its officers or employees or any of its partners; and (4) print or electronic mass mailings (sometimes known as "spamming"), solicitations for commercial services.
Certain areas of the Platform provide tools for the exchange of ideas and information between users, including in the form of direct messaging. International Board Foundation is not responsible or liable for any content, including User Content, that is posted or distributed pursuant to such user to user exchanges. The views and opinions expressed by users are theirs alone, and are not endorsed by, and should not be ascribed to International Board Foundation . You are solely responsible for all User Content you post, and you assume all risks relating to its use by others and others’ reliance on its accuracy.
You acknowledge and agree that International Board Foundation has no obligation to display, monitor, or take any action with respect to Platform Content or User Content. International Board Foundation reserves the right, without the obligation, to edit the Platform and to edit, remove, delete or refuse any User Content for any reason without notice to users. If User Content violates the above standards, applicable law or any other provision of these Terms of Use, International Board Foundation reserves the right to terminate the applicable user’s account and right to use the Platform, in addition to any other rights or remedies available. International Board Foundation does not approve or endorse any User Content, and you agree that International Board Foundation will have no responsibility or liability in connection with your use of any User Content.
ANY ATTEMPT BY ANY User TO DAMAGE THIS PLATFORM OR UNDERMINE ITS OPERATION MAY BE A VIOLATION OF CRIMINAL OR CIVIL LAWS. INTERNATIONAL BOARD FOUNDATION RESERVES THE RIGHT TO TAKE LEGAL ACTION AGAINST ANY SUCH PERSON.
3. Privacy; Confidentiality.
International Board Foundation agrees to use your User Content in compliance with the privacy policy of the Platform, together with any Platform-specific data use policies, privacy statements and privacy notices (collectively, “Privacy Policies”).
International Board Foundation will treat your User Content as confidential information in accordance with International Board Foundation policies, and only use and disclose it in accordance with these Terms of Use and the Privacy Policies.
4. Limitation of Liability; Indemnification.
THIS PLATFORM AND ALL ITS CONTENT ARE PROVIDED “AS IS” AND WITHOUT WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED. INTERNATIONAL BOARD FOUNDATION DOES NOT APPROVE OR ENDORSE ANY USER CONTENT. INTERNATIONAL BOARD FOUNDATION IS NOT LIABLE TO USERS OR VISITORS FOR ANY DAMAGES OF ANY KIND ARISING OUT OF THE USE OF THE PLATFORM, PLATFORM CONTENT, OR USER CONTENT REGARDLESS OF WHETHER INTERNATIONAL BOARD FOUNDATION HAS BEEN ADVISED OF THE POSSIBILITY OF DAMAGES.
You agree to indemnify and hold harmless International Board Foundation and its officers, fellows, governing board members, directors, employees and agents, and partners as listed on the website of the Platform from and against all claims, actions, suits, damages, liabilities and costs (including, without limitation, reasonable legal fees) arising from or relating to your use of the Platform or any of the Platform Content or your User Content, and/or your failure to comply any provision of these Terms of Use.
5. User Accounts; Account Termination Policy.
You agree to provide accurate and complete information when creating or updating your account. You are solely responsible for the activity that occurs on your user account, and you must keep your account password secure. You agree to notify us immediately at [email protected] of any unauthorized use of your account or other breach of security. You may not use another’s account without permission. International Board Foundation may terminate your account if you violate any provision of these Terms of Use or fail to comply with requests concerning your account. User accounts may not be shared, transferred, or sold to other parties, nor are they to be used by or made available to any person or entity except the registered user.
The rights granted to you hereunder will terminate automatically upon any breach by you of these Terms of Use, unless International Board Foundation otherwise specifically agrees in writing, but the other provisions of these Terms of Use will survive any such termination. International Board Foundation reserves the right at any time in its sole discretion to cease providing any Platform Content, to change or discontinue any aspect or element of the Platform, or to cease making the Platform available.
6. Miscellaneous
Links to Other Services. International Board Foundation may provide links to websites operated by third parties, including but not limited to, other websites owned and/or operated by International Board Foundation as a convenience for our users only. International Board Foundation does not endorse or accept responsibility or liability for the content or the use of third-party websites. If you use third-party websites, you do so solely at your own risk. International Board Foundation does not review or monitor such links. Some websites may be outside your country and subject to different laws and regulations. Links do not imply that International Board Foundation is affiliated or associated with any linked site. For further information on the terms of use of such website, please refer to the respective third-party websites.
Use of International Board Foundation Names. Except as specifically permitted by these Terms of Use, you may not use or register any name, logo or insignia of International Board Foundation or any of its schools or subdivisions or partners for any purpose except with our prior written approval and in accordance with any restrictions required by International Board Foundation.
Governing Law. These Terms of Use, and any claim or dispute that arises from or relates to your use of the Platform, will be governed by the substantive laws of Switzerland, without regard to its conflicts of laws principles. You agree that all such claims and disputes will be heard and resolved exclusively in courts sitting in St. Gallen, Switzerland.
Change of Terms of Use. Please note that these Terms of Use are subject to change without notice from time to time. Any changes will be posted to this page, please check back regularly to ensure that you are aware of the most recent Terms of USe. Your use of this Platform or any Platform Content after any changes have been made will constitute your agreement to the modified Terms of Use.
Severability; Entire Agreement. If any provision of these Terms of Use is held to be invalid or unenforceable, that provision, to the extent unenforceable, shall be struck, and shall not affect the validity or enforceability of the remaining provisions. Your rights under these Terms of Use are personal, non-exclusive and non-transferable. Headings are for reference purposes only and in no way define or limit the scope or extent of any provision of these Terms of Use. International Board Foundation’s failure to act with respect to a breach by you or others does not waive our right to act with respect to subsequent or similar breaches. Except as otherwise expressly provided in these Terms of Use, nothing herein shall be deemed to confer any third-party rights or benefits on you. These Terms of Use set forth the entire understanding and agreement between you and International Board Foundation with respect to the subject matter hereof.
Board Foundation – Platform Privacy Policy for Users
This Privacy Policy is provided to user's by Board Foundation a Swiss Foundation (UID-No.: CHE-253.574.973) having its registered office at Pestalozzistrasse 2, 9001 St. Gallen, Switzerland (hereafter, the “Company”).
The Company offers a platform “Board Networks of the International Board Foundation” (hereafter, the “Platform”) to its users which have subscribed on the Platform and as such have a user account (hereafter, the “Users”). The Platform is available at the following url address https://ibf.hivebrite.com/.
The Company uses a solution called “Hivebrite” to operate the Platform, which enables the import and export of User lists and data, the management of content and events, the organization of emailing campaigns and opportunity research and sharing as well as the management of funds and contributions of any kind.
In this regard, as data controller, the Company is particularly aware and sensitive with regard to the respect of its Users privacy and personal data protection. The Company commits to ensure the compliance of the processing it carries out as data controller in accordance with the applicable provisions of the Swiss Federal Act on Data Protection of 19 June 1992(including any ordinances thereto), as amended from time to time, and, to the extent applicable, the EU General Data Protection Regulation EU 2016/679 regarding data protection dated April 27, 2016.
This privacy policy is intended for the Users of the Platform of the Company and explains how the Company collects, shares and otherwise processes personal data of Users when they use or access the Platform. The Company does not collect any sensitive personal data within the meaning of applicable data protection laws.
Article 1. COLLECTED PERSONAL DATA
1.1 When subscribing on the Platform
When subscribing to the Platform, the User should at least provide the following personal data to register a user account:
The User may also provide additional personal data for his or her user account such as information on expertise, industry, titles, work contact information or experience.
If a User subscribes to receiving regular information through newsletters, group alerts, notifications of comments or other activity, invitations for events organized by the Company or other Users or other commercial information and communications, the Company will require the email address of the User. A User can unsubscribe from receiving any such information or communication at any time.
Th User commits to only provide accurate, exhaustive, and regularly updated data regarding its identity, its content and any information in general. Under no circumstances shall the Company be liable for any data that is illegal contrary to public order provisions.
In the event the User does not provide the required data mentioned above, the Company may not be able to provide access to the Platform.
1.2 During the use of the Platform
The User may validly publish, at his or her own initiative, any content on the Platform which shall be kept by the Company and shall be made available to other Users of the Platform, such as (but not limited to)
In case a User publishes personal data of another individual, or company (if protected under applicable data protection laws), the User commits that he or she has obtained this information and is permitted to publish this information in accordance with applicable data protection laws.
The User acknowledges that, following the publication of the content listed above, such content will become public on the Platform and that as such content can be published, modified, translated, reproduced in any form and accessible, saved and reproduced by other Users and the Company.
In most cases, Users post contents without previous moderation from the Company. The Company does not alter the content or information of the User, except under exceptional circumstances, including but not limited to the cases described in the Terms of Use. In Accordance with the Terms of Use, the Company reserves its right to freely delete or amend the content or information of the User, without prejudice to the Users, in particular if such content is in breach of applicable laws.
In case content is published on the Platform that breaches this privacy policy, applicable law or the rights of third parties, anyone can inform the Company of the existence of such content at the following address: [email protected]
1.3 Registration to events through the Platform
When registering for an event through the Platform, certain personal data will be automatically forwarded to the organisers:
name and surname
title
address
The organisers may request further information depending on the event such as names of other participants a User registers, dietary information, accommodation or billing address.
1.4 Application for board mandates through the Platform
If a User opts to use the Company's services connected to open board mandates, the Company will manually forward the job-related information a User has uploaded or saved in his or her account such as CV, cover letters, education, experience or references to the respective organizations. Once the job-related information has been forwarded to the respective organization, the organization can directly contact the User for the further process.
The Company will only forward such job-related information and allow the respective organization to directly contact a User, if a User has provided his or her consent. A User can withdraw such consent at any time.
1.5 Cookie data
The Company uses tracking technology on the Platform such as cookies whenever the User navigates on the Platform.
Cookies are small text files that are placed in browser directories on a User's device (e.g. computer or mobile device) when he or she visits the Platform. The Platform uses session cookies and persistent cookies. Session cookies enable Users to move from page to page within the website and any information a User enters to be remembered. A session cookie is deleted when a User closes his or her browser or after a short time. Persistent cookies allow the Platform to remember a User's preferences and settings when he or she visits the platform in the future. Persistent cookies expire after a set period of time.
Among other things, the Company uses these cookies to collect data regarding the internet navigation of the User or to send tailor-made services the User's device such as the computer, mobile phone or tablet (see below under Article 8 of this privacy policy).
The cookies used by the Company may collect certain personal data such as domain name, user settings (e.g. language preferences), User's unique session ID, authentication data and the time of a User's login (time stamp) and other metadata.
The cookies the Company uses are detailed under Article 2 of this privacy policy.
The purpose for which the data is collected through the cookies is detailed under Article 8 of this privacy policy.
Article 2. THE PURPOSE AND LEGAL BASIS OF THE DATA PROCESSING
In general, the Company and its subcontractors only collect, process or host the User’s personal data for the purpose of ensuring the optimal implementation and use of the Platform. In particular, the Company and its subcontractors collect, process and host personal data that are provided by the User when accessing the services on the Platform for the following purposes:
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Collected Data |
Purpose of the processing |
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When subscribing on the Platform:
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When using the Platform:
Any content the user publishes at his or her own initiative, such as (but not limited to)
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Cookies, trackers:
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Google Analytics is run by Google LLC in the US and provides the Company with information about how Users use the Platform. Google uses cookies as part of the process to collect anonymous information, such as the number of Users to the Platform, where they are from, the pages they visit and the length of time they have spent on our website. The Company generally does not share Users' personal data with Google (not even IP addresses). Google can however follow a User's use of the Platform, combine this information with other websites a User visited that Google also follows, and use this information for Google's own gain (e.g. advertising). If a User is registered with Google, Google also knows the User. The processing of the User's personal data by Google then takes place under the responsibility of Google and in accordance Google's own privacy policies.
The Company processes Users' personal data for the aforementioned purposes, based on the following legal bases according to applicable data protection laws:
Article 3. USER’S CONSENT TO THE COLLECTION OF DATA
To the extent required by applicable data protection laws or other applicable laws, the Company will obtain the User's explicit consent for the processing of his or her personal data.
If a User has provided his or her consent to the collection, processing or transfer of his or her personal data for a specific purpose, the User has the right to withdraw such consent for that specific processing at any time. Once the Company has received notification of such withdrawal, the Company will no longer process the personal data for the purpose or purposes the User originally agreed to, unless the Company has another legitimate basis for doing so.
Article 4. LENGHT OF DATA RETENTION
The Company retains personal data only as long as necessary for the purposes described in this privacy policy, in particular for the entire length of a User’s subscription to the Platform. If a User does not access his or her account or otherwise interact with the Company or Platform for a period of three (3) years, the User's personal data will be deleted.
Following the termination of said subscription, the personal data collected and processed during the subscription (including any personal data provided to the Company when a User exercises his or her rights according to Article 5 of this privacy policy) as well as the content published by the User on the Platform shall be deleted after a period of one (1) year, unless Company is required to store the personal data longer due to a legal obligation or because the Company has an overriding interest in the further retention, e.g. due to a potential or on-going court proceeding or investigation by a competent government authority. Once such legal obligations or overriding interests no longer apply the personal data will be deleted after one (1) year.
Personal data collected by cookies on the Platform will be automatically deleted thirteen (13) months following their placing on the User’s device.
Article 5. EXERCISE OF THE USERS’ RIGHTS
The User is duly informed that it disposes at any time, meaning prior to, during or following the processing of his or her personal data, to a right to access, copy, rectify, oppose, port, limit and delete his or her personal data.
The User can exercise his or her rights by sending an email to the following address [email protected] or by mail at the following address Board Foundation, Pestalozzistrasse 2, 9001 St. Gallen, Switzerland provided that the User confirms his or her identity.
In certain cases, the Company may refuse to grant a User's right if applicable data protection laws or other applicable laws allow or oblige the Company to do so, in which case the Company will provide reasons for its decision as required by applicable law.
In addition, in the event the User considers that his or her rights have not been respected, the User can file a complaint with the competent supervisory authority.
The competent supervisory authority for Switzerland is the Federal Data Protection and Information Commissioner (http://www.edoeb.admin.ch).
Article 6. SHARING USERS’ PERSONAL DATA WITH THRID PARTIES AND INTERNATIONAL DATA TRANSFERS
If required or useful for the Company to provide the Platform including any services connected to the Platform or for other purposes defined in this privacy policy such as for administrative or maintenance purposes of the Platform to the exclusion of any commercial use, and if applicable, in order to enforce the rights exercised by the Users regarding their personal data, the Company may share User's personal data with third parties (such as advisors, affiliated parties, business partners, service providers and other persons) in Switzerland, the EU or other countries. Further, the Company may share personal data with third parties where:
The Company uses third parties who provide services on its behalf and may share the User's personal data with them, for example banks, insurance companies or cloud, IT and software providers who may have access to the personal when providing IT or software support.
In particular, the Company has subcontracted the processing of the Users’ personal data to Hivebrite, as subcontractor. In connection thereto, the Company shares Users' personal data with KIT UNITED for its HIVEBRITE solution, a French société par actions simplifiée with a capital of 284.280,00 Euros, registered with the Paris Companies register under the number 75339171300017, having its registered office at 8, rue de la Grande Chaumière, 75008 – Paris
For any additional information on Hivebrite and how they process personal data, a User can consult the webpage available at the following address: www.hivebrite.com.
The personal data collected by the Company is hosted by the following service providers:
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Host |
Nature of the hosting |
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Microsoft Azure Cloud
Privacy policy: https://www.microsoft.com/en-us/TrustCenter/Privacy/gdpr/default.aspx
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Hosting of all data and content produced / provided by the User, as well as images, profile pictures and backups
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Amazon AWS
Privacy policy: https://aws.amazon.com/compliance/gdpr-center/
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In general, the Company only processes personal data of its Users in Switzerland or the EU. However, if third parties with whom the Company shares personal data of Users are located outside of Switzerland or the EU, the Company only transfers such personal data on a basis that ensures an adequate level of data protection according to applicable data protection laws, e.g. by signing a data transfer agreement.
Article 7. DATA SECURITY
The Company has put in place appropriate security measures to hold User's personal data securely in electronic and physical form, to protect it from unauthorised access, improper use or disclosure, unauthorised modification or unlawful destruction or accidental loss. The Company's premises are access controlled and surveyed by video recording where required and our electronic databases require logins and password authentication.
The Company's employees and third-party service providers who have access to confidential information (including personal data) are subject to confidentiality obligations.
In case of a breach of its systems, or theft, deletion, loss, alteration, disclosure, unauthorized access, or any other malicious act concerning a User's personal data, the Company commits to notify its Users and competent supervisory authority as required by applicable data protection laws.
Article 8. COOKIE MANAGEMENT CONFIGURATION AND OTHER DATA
The User’s consent to the use of certain cookies is requested through a banner at the bottom of the Platform homepage.
In case of consent, the User’s internet browser shall automatically transmit to the Company the data collected and detailed under Article 1.5.
The User is informed that the cookies and trackers will be automatically deleted following a period of thirteen (13) months.
The User may at all times configure its browser in order to prevent the creation of cookie files.
However, certain functionalities of the services offered on the Platform may not function properly without the use of such cookies. In addition, even if most browsers are configured by default and accept the creation of cookie files, the User has the possibility to choose to accept the creation of all cookies other than the functional cookies or to systematically decline them or to choose the cookies it accepts depending on the issuer by configuring the settings in the browser.
The Company uses cookies for the following purposes:
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Data collected for the following purposes: |
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General data enabling the proper functioning of the Platform and the improvement of the services proposed by the Platform. |
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Data regarding the management of payment services proposed by the Platform, delinquencies and litigation. |
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Data enabling the creation of User files; Mailing of commercial offers, advertisements or newsletters of the Company and/or its commercial partners if this has been accepted by the User. |
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Compilation of statistics with the purpose of improving the functioning of the Platform notably by analysing the traffic of the Platform (modules which are more or less consulted, preferred routes, level of activity depending on the day of the week et hour of the day, etc.) and by adapting the Platform according to the needs and tastes of the Users (recognition of the User when it accesses the Platform). |
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Management of requests to exercise Users' data protection rights to access, rectify, delete, limit and oppose. |
Article 9. CHANGE TO THIS PRIVACY POLICY
Especially in light of any future developments of the applicable data protection laws, the Company reserves its right to proceed with any modification of its privacy policy and commits to duly inform Users if any such modification occurs.
Date of privacy policy: February 12th, 2021.