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Terms of Use
These terms of use are binding for Biotechgate, its distribution partners and all related portals (see paragraph 2).
1. Preface
By using Biotechgate (including searching the database, visiting profiles, adding / updating information as well as submitting any information to the portal) or a related portal (see below "Party to the Contract") you agree to these Terms of Use.
2. Party to the Contract
The Biotechgate Business Development Database (Biotechgate) is property of and managed by Venture Valuation VV AG (Venture Valuation), Zurich, Switzerland. Database subscription agreements are made between the subscriber and Venture Valuation. These Terms of Use are also
binding for all portals related to Biotechgate and for all of Biotechgate's distribution partners
(such as Lingmed Limited or any portal mentioned at
https://www.biotechgate.com/web/cms/index.php/covered_countries.html#portals).
Therefore, in the following Terms of Use the expression "Biotechgate" includes the Biotechgate Database as well as all related portals.
3. Publishing of company profiles
Adding and updating company profiles to Biotechgate is completely free of charge. Venture Valuation reserves the right to exclude or otherwise edit any information submitted to its databases. Relevant changes to the profiles, which were made by a company employee or authorized person in connection with the corresponding profile will be reviewed by Venture Valuation prior to activation.
4. Extent of Available Information
The amount of profiles and additional information available on our website may vary from day to day. We do our best to increase the extent of the available information and its accuracy. Each profile can be updated by the organization itself. Venture Valuation then checks relevant changes of the data before publishing it. However, we do not guarantee a minimum number of available company profiles, nor the completeness or accuracy of any profile published in the database. Venture Valuation cannot be held liable for any information available or missing from the database.
5. Quality of available information
Venture Valuation assumes no liability for any damage or loss arising from access to or use of the Biotechgate website, the database, and the information contained therein.
The Biotechgate Database and all the data included in the database is free of any infringement of any third parties' rights and/or breaches of Biotechgate obligation under other agreements.
6. Use of information
As a user you agree that any downloaded content will be used for internal purposes only. Particularly, data harvesting will not be allowed, nor the unreasonable use of contact details in sending out emails. Furthermore, no data can be made available to third parties. No part of this website may be reproduced or transmitted in any form or by any means, electronically, mechanically, by photocopying, by recording or otherwise, without prior permission from Venture Valuation. All data must be deleted if your subscription to this data ends.
7. Extent of use
Unless otherwise specified Biotechgate subscriptions are not restricted in terms of the amount of data, but are intended for reasonable usage. The "unlimited" access a subscriber gets to the database does not constitute the right to systematically download all available information in the database. Venture Valuation has the right to block or cancel an account if Venture Valuations deems that a subscriber has exceeded the limit of normal usage (especially if it can be inferred that a subscriber is collecting e-mail addresses). Any use of automated data collecting software is strictly prohibited.
8. Subscriptions & Pricing
Unless otherwise stated in the proposal or contract, the prices for subscriptions are valid for one (1) license per person for the corresponding time period (see also "Renewal" below). All terms described in this document also apply for site licenses (multiple users). Special rates are available for small and mid-size companies. Please contact us for more details (see below "Contact information").
Prices of multi-year contracts are fixed over the agreed contract period. For other contracts without fixed terms of several years, we keep the right to vary or increase the prices of the subscriptions. Price increases for automatic recurring payments will be announced by e-mail at least one month prior to the renewal of the subscription. If a subscriber does not agree on the new pricing, the subscription can be cancelled according to the terms described under "Cancellation of Subscription".
9. Renewal
Unless otherwise agreed, your subscription will not be automatically renewed. You will usually be contacted by a Sales Representative a few weeks before the subscription expires to seamlessly renew your subscription. If you have a multi-year contract, the subscription will automatically renew during the term and we will send you an invoice with the specified amount or your credit card will be charged. If you pay by credit card, you will receive an email with a link to the payment receipt. A receipt can also be downloaded at any time in your account under "Subscriptions".
10. Cancellation of Subscription
Unless otherwise stated in the proposal or contract, subscriptions with automatic renewal can be cancelled up to two days before the current subscription period ends. You can cancel your subscription either in your account in the section "Subscriptions" or by sending us an e-mail (see "Contact information" below). If you cancel it later, the subscription fee for one more period will be charged to your credit card.
If you cancel a recurring subscription, the subscription remains active until the end of the period for which the last payment has been made.
If you cancel a subscription by e-mail, you will receive an e-mail notification once the subscription has been cancelled. If you do not receive such a notification within two working days after cancellation, it must be assumed that we did not receive the e-mail. In this case please contact us again.
11. Refund of payments
Venture Valuation does not refund any payments after cancellation of the subscription. If a subscription is cancelled, no further payments will be charged in the future.
12. Expired Subscriptions
If a subscription expires, the account is still available to the user for at least one year after the date of expiration to access notes but the extent of information and features will be limited.
13. Use of subscriber's company for reference purposes
Unless otherwise specified in the proposal or contract or agreed upon with the Sales Representative by e-mail, Venture Valuation has the right to use the company name and logo of users as a reference on its websites, in email marketing campaigns, on printed materials or in social media. If a client does not agree to this, the client must inform Venture Valuation in writing. Venture Valuation will then remove the logo and company name from all its websites within 14 days and will not use them in any future campaigns and printed material.
14. Limitation of Liability
In no event shall Venture Valuation VV AG be liable for damages resulting from loss of data or use of the Biotechgate Database, or for any incidental, indirect, punitive, or consequential damages in connection with this agreement or in connection with any products or services provided. We shall exert our best effort to provide you with the highest availability of Database services. We are, however, dependent on external parties and cannot provide any guarantee as to availability or accuracy. We reserve the right to change external parties and information providers at any time.
15. Copyright
All content on Biotechgate and its related portals, including text, graphics, logos, icons, images, audio clips, video clips, digital downloads, data compilations, and software, is the property of Venture Valuation or its content suppliers and protected by international copyright laws. The compilation of all content on this site is the exclusive property of Venture Valuation and protected by international copyright laws. All software used on this site is the property of Venture Valuation or its software suppliers and protected by international copyright laws.
16. License and Site Access
Venture Valuation grants you a limited license to access and make personal use of this site but not to download (other than page caching) or modify it, or any portion of it, except with express written consent of Venture Valuation. This site or any portion of this site may not be reproduced, duplicated, copied, sold, resold, visited, or otherwise exploited for any commercial purpose without express written consent from Venture Valuation. This license does not include any resale or commercial use of this site or its contents or any derivative use of this site or its contents.
17. Applicable Law
By visiting Biotechgate or a related portal, you agree that the laws of Switzerland, without regard to principles of conflict of laws, will govern these Conditions of Use and any dispute of any sort that might arise between you and Venture Valuation or its affiliates.
18. Site Policies, Modification, and Severability
Venture Valuation reserves the right to make changes to our site, policies, and these Terms of Use at any time. If any of these conditions shall be deemed invalid, void, or for any reason unenforceable, that condition shall be deemed severable and shall not affect the validity and enforceability of any remaining conditions.
19. Changes to Terms of Use
If Venture Valuation decides or needs to change these Terms of Use, it will post those changes in this Terms of Use and other places we deem appropriate. Venture Valuation reserves the right to revise, amend, or modify these Terms of Use, and any of our other policies and agreements at any time and in any manner, so please review this document frequently. If we make material changes to these terms, we will notify you here or by means of a notice on our dashboard.
20. Contact information
Biotechgate
c/o Venture Valuation VV AG
Kasernenstrasse 11
CH-8004 Zurich
Switzerland
Phone: +41 (43) 321 86 60
Fax: +41 (43) 321 86 61
E-mail: support@biotechgate.com
www.venturevaluation.com
21. Update history
These Terms of Use were published on September, 5th 2022.
Privacy Policy
1. Introduction
Venture Valuation VV AG, through its database Biotechgate and
country databases (collectively called Biotechgate) will collect and process your personal data and any other
information relating to your interactions and dealings with us or through external sources like press releases,
company websites and other publicly available databases. This Privacy Policy explains how we will manage your
personal data, the purposes for which we use it, the security measures we have put in place to protect your data and
what your rights under data protection legislation are and how you may choose to exercise these.
Personal Data is defined as information relating to identifiable living individuals, which we have obtained or you provide to us, such as your name, address, email address, telephone number, date of birth, from which you can be directly or indirectly identified, and may include information such as employee number, IP addresses and online identifiers.
2. Data Controller
Venture Valuation is defined as the Data Controller of personal data collected via Biotechgate and is therefore
responsible for protecting your personal data in line with our obligations under data protection legislation.
We may use third parties to process your personal data (Data Processors) where we have outsourced a particular function or where we wish to avail of that third party’s expertise in providing the particular service. These third parties will be carefully selected to ensure that your data is adequately protected by the use of appropriate technical and organizational security measures.
3. Sources of Personal Data
Customers/ Prospective Customers
We obtain personal data where you provide this directly to us where you enter in your information into an online
form to contact us regarding our services and where you fill in the company, management and personal profile in Biotechgate.
Public sources
We obtain company and personal data from external, public available sources such as internet, press releases, conferences
and other sources we deem reliable to complete and complement our dataset of a company profile.
4. Purposes of Data Collection
We use personal data in our capacity as a commercial enterprise in furtherance of our business activities and as an
employer. The purposes for which we use personal data can be summarized as follows:
- For collecting information for a global business development database designed for the life science industry, containing key information about 50,000 companies involved in sectors such as biotechnology, pharmaceuticals and medical technology.
- For the purposes of advertising, direct marketing and public relations i.e. where you provide your email address to receive our newsletter;
- To perform functions of a commercial enterprise i.e. to perform accounting and other record-keeping functions;
- To perform the duties and responsibilities of an employer i.e. to provide personnel, payroll and pension administration services.
5. Legal Basis for using Personal Data
We rely on the following legal bases under data protection legislation to process your personal data:
I. Consent
Where you provide your email address for the purpose of signing up to receive our newsletter,
we rely on Article 6(1)(a) of the GDPR in process your data for this purpose. You may revoke this
consent at any time by unsubscribing from our email list by clicking the unsubscribe link at the end of every
email and by emailing us using the contact details provided below.
II. Performance of a Contract
Where you provide your email address for the purpose of signing up to receive our newsletter,
we rely on Article 6(1)(a) of the GDPR in process your data for this purpose. You may revoke this
consent at any time by unsubscribing from our email list by clicking the unsubscribe link at the end of every
email and by emailing us using the contact details provided below.
III. Legitimate interests
Where we rely on legitimate interests or the legitimate interests of a third party to process
your personal data we will require data for legitimate purposes such as:
- For day to day operational and business purposes
- The pursuit of our activities as a commercial enterprise or that of a third party e.g. managing our contracts and relationships with our customers, suppliers, service providers, vendors and other commercial partners
- Compliance with legal and regulatory obligations
- Development of any guidelines, improvement and development of business operations and service offerings
- Conducting analytical and statistical research and profiling
- To help us improve our services and systems and to improve your experiences on our website
- To provide you with information in relation to our products and services where we are permitted to do so
- The reorganization or sale of the whole or part of our business
6. Disclosure of Personal Data
We will not disclose your personal data except as outlined above and/or as follows:
- For day to day operational and business purposes of our global business development database, allowing registered, paying subscribers to contact individuals within a target company
- Where the disclosure is necessary to enable us to carry out our obligations under any agreement we have with you
- Where we need to provide your data to counterparties to transactions entered into by you e.g. payment service providers
- Where we need to share your personal data with our auditors in accordance with applicable tax and regulatory reporting obligations
- Where we need to share your personal data with our legal advisors where necessary to establish, exercise or defend our legal rights or for the purposes of legal proceedings.
- Where we are required to share information to any (or proposed) assignee, transferee or successor in title to the whole or any relevant part of our business, and their respective officers, employees, agents and advisers; and
- If the disclosure is required by law or regulation, or court or administrative order having force of law, or is required to be made to any of our regulators
7. Other Recipients of your Personal Data
In any case where we share your personal data with a third party data controller, your personal data will be
used by that third party subject to their own privacy policies.
8. International Transfers of Personal Data
Personal data may be transferred outside of the European Economic Area (EEA) in line with the purposes set
out above and this may include transfer to a country that is not currently deemed by the European Commission
to have adequate data protection legislation in place.
In such cases we will use data transfer mechanisms approved under the General Data Protection Regulation such as standard contractual clauses or data transfer agreements such as the EU-US Privacy Shield.
Any subscriber of Biotechgate has to comply with the General Data Protection Regulation.
9. Security of Personal Data
We use appropriate technical and organizational measures to protect your personal data.
Where data is stored electronically, we have implemented appropriate IT security measures to secure your personal data. These measures include anti-virus protection, firewalls and data encryption technologies. Where data is stored in hard copy format, we have procedures in place and staff training to ensure that paper records are stored securely. Unfortunately, no data transmission over the Internet or electronic storage system can be guaranteed as secure, however, we will ensure that the technical and organizational measures in place are regularly reviewed to ensure that they are up-to-date and functioning effectively.
10. Retention of Personal Data
Personal data will be kept for as long as it is legally required to be kept or for as long as the business has a legitimate
need to keep the data for the purposes for which it is originally collected.
Where we hold personal data to provide a product or a service to you we will hold the information for as long as it is required to fulfil the terms of that agreement with you and for a period of 10 years after the end of the customer relationship thereafter to ensure compliance with tax requirements.
Other information will be retained by us for no longer than is necessary for the purposes for which it was obtained or as required or permitted for legal, regulatory, fraud prevention and legitimate business purposes.
For further information on the period of time for which we retain your personal data please contact us using the details below.
11. Personal Data Rights
The following is a summary of the rights available to you under data protection legislation. These rights may only
apply in certain circumstances and may be subject to certain exemptions. Where you make an application for the
exercise of your rights, this will be considered on a case by case basis.
I. Updating and correcting your personal data
If we hold incorrect personal data on you, you have the right to have this data amended. While we use
reasonable efforts to keep your personal data up to date, you will need to notify us where you require your
details to be updated where we will be unaware of your change in circumstances.
II. Right of Erasure
You have the right in some circumstances to have your personal data erased i.e. where your personal
data has been processed unlawfully or if you object to our processing of personal data on grounds relating
to your particular situation and we have no overriding grounds to continue using it or where you have previously
provided consent to the data processing you now wish to withdraw that consent.
However, we will not be required to erase your data where to do so would prevent us from meeting our respective contractual obligations, or where we are required to process (including retaining) your personal data in order to comply with a legal obligation, or if the data is required to establish, exercise or defend our legal rights for the purposes of legal proceedings.
III. Right of Access
You have a right to be given a copy of your personal data on request, subject to certain exceptions
which may apply. We have 30 days from the receipt of the request to provide you with a copy of this data.
This period may be extended to a further period of 60 days in specific circumstances.
IV. Right to Restriction
You also have the right, in certain circumstances, to request restriction on the use of your personal
data, in each case subject to the restrictions set out in applicable data protection laws.
V. Right to withdraw Consent
Where you have previously consented to the use of your personal data, you have the right to withdraw
this consent and may notify us of you intention to do so.
Where we rely on a legitimate interest of ours or a third party recipient of the personal data, in order to use or disclose personal data, you are entitled to object to such use or disclosure of your personal data and if you do so will cease to use and process your data for that purpose, unless we can demonstrate that there are compelling legitimate reasons for us to continue using the data or where we require the data for the purpose of legal claims.
VI. Right to Data Portability
In limited circumstances, you may also have the right to receive your data saved onto a portable medium i.e. a
structured, commonly used and machine-readable format, or transmit it to a third party where this technically feasible.
VII. Right to Lodge a Complaint
You also have the right to lodge a complaint in respect of how your personal data has been processed by us
with the Data Protection Commission in your home country or with the Federal Data Protection and
Information Commissioner ('FDPIC') in Switzerland.
12. Applicable Law
By visiting our Biotechgate or country websites you agree that the laws of Switzerland, without regard to
principles of conflict of laws, will govern this Privacy Policy and the forum for a dispute of any sort that might
arise between you and Venture Valuation or its affiliates will be determined by the courts of Switzerland.
13. Contact information
Biotechgate
c/o Venture Valuation VV AG
Kasernenstrasse 11
8004 Zurich
Switzerland
Phone: +41 43 321 86 60
Fax: +41 43 321 86 61
E-mail: support@biotechgate.com
14. Update history
This Privacy Policy (v2) was published on May 24th, 2018.