Terms of Use Ivoclar Communication Platform

These terms of use govern the use of the communication platform ("Platform") operated by Ivoclar for its customers. By registering to the Platform the customer agrees to these terms of use. The contractual relationship regarding the use of the Platform by the customer is exclusively established between the latter and Ivoclar.

• Customer's right to use: The customer has the non-exclusive, non-transferable right to use the Platform in order to receive and send data from resp. to other customers using the Communication Platform in accordance with these terms of use. The customer may use the Platform only for its internal business purposes.
   
• Privacy: In order to be able to use the Platform, the customer will have to register on the Ivoclar website. By registering, the customer agrees that Ivoclar will process personal data (name, first name, salutation, e-mail address, postal address, details of his company) of the customer and its contact persons to conduct the contractual relationship with the customer to the extent necessary in connection with the use of the Platform.
  
  The customer may at any time, through the website of Ivoclar, via dataprotection.mississauga@ivoclar.com, demand information on the registration details processed by Ivoclar and exercise its right to rectification, erasure or the restriction of processing the registration details in accordance with applicable data protection law.
  
  The customer acknowledges and agrees that Ivoclar may collect, analyze and store anonymised data relating to customer’s use of the Platform with the aim of improving the Platform and related services or products according to user behavior and of tailoring the marketing to the user's preferences.
  
  The customer acknowledges and agrees that Ivoclar will engage third parties as service providers, more specifically cloud services of Microsoft, for purposes of management of the customer's account and of processing and storage of the data originating from or generated by the customer, including personal data, and that thereby these service providers will process and store the data originating from or generated by the customer in their information systems operated worldwide. Ivoclar has entered into appropriate contractual arrangements with the service providers it engaged to ensure privacy with regard to the customer's personal data.
  
  The customer himself is responsible for compliance with data protection regulations, more specifically for privacy policies or for obtaining privacy statements in respect to the persons, for whom the customer uses the Platform.
   
• Limited warranty: The Platform is provided to the customer "as is" and without any warranty by Ivoclar to the extent permitted by law. The customer further acknowledges that the use of the Platform and the transmission of data may experience interference (poor reception, disturbance of the Internet connection or malfunction of the device etc.) and that Ivoclar shall not be liable for this.
   
• Disclaimer: When processing personal data, Ivoclar shall take reasonable measures to protect this data from loss, misuse, unauthorized access, disclosure, alteration or destruction. Despite all precautions taken with the processing of personal data, Ivoclar cannot rule out the loss, misuse or alteration of this data. The Internet is an open network accessible to everyone and it is thus generally not considered to be a safe environment. Ivoclar disclaims any responsibility for the security of data while being transmitted through the Internet.
  
  If the use of the Platform leads to loss of data for the customer Ivoclar is only liable for the restoration of the data if it is responsible for the loss of the data due to it having been grossly negligent and if the data can be restored at a reasonable cost.
  
  The liability of Ivoclar for any kind of damage is limited to intent and gross negligence. To the extent permitted by law, Ivoclar will not be liable for consequential damage or for damage that is unforeseeable or in the customer's area of responsibility. The liability provision above will concern contractual as well as non-contractual claims. This will apply without prejudice to any possible liability under laws relating to product liability.
   
• Contract period: The contractual relationship between Ivoclar and the customer will exist for an indefinite period. The customer may terminate the contractual relationship at any time by ceasing to use the Platform. Ivoclar may terminate the contractual relationship for good cause only, e.g. if the operation of the platform is no longer commercially reasonable.
   
• Applicable law and jurisdiction: The contractual relationship between the customer and Ivoclar Vivadent AG shall be governed by substantive Liechtenstein law, to the exclusion of the UN Convention on Contracts for the International Sale of Goods. Vaduz shall be the exclusive place of jurisdiction.