TERMS AND CONDITIONS OF USE OF THE INTERREG DATABASE (iDB) SYSTEM

1. SUBJECT MATTER AND SCOPE

1.1. The iDB system is provided for the following users:

• the Interreg Europe programme authorities (managing authority, joint secretariat, certifying authority, audit authority),
• the partner states representatives (from the monitoring committee, national point of contacts, group of auditors),
• the external company responsible for second level auditors,
• and any other relevant authority/person requesting access on a strict “need to know” basis (eg. centralised first level controllers),

to allow them to access, download and/or approve the information and documents submitted by Interreg Europe projects applicants or partners (application and request for changes form, subsidy contracts, progress reports, etc.) and to exchange and store data about submitted proposals and approved projects. This electronic data exchange and monitoring system will be used by these authorities/persons to fulfil their role in the Interreg Europe Programme, in accordance with applicable EU Regulations and Programme rules.

1.2. These Terms and Conditions govern the relation between:

• the GEIE GECOTTI (legal entity in which the Interreg Europe joint secretariat is included), represented by the Interreg Europe joint secretariat, hereunder referred to as “Interreg Europe JS” ; and
• all users of the database referred to in paragraph 1.1, in relation to their access to and use of the iDB system.

1.3. Requesting access to the iDB, accessing the iDB or using the iDB signifies unconditional acceptance of these terms and conditions (in the then-current version).

2. ACCESS TO THE iDB system

2.1. Users and organisations

Access to the iDB is only open to natural persons with a valid email address who need to have access to this database to carry out their function in relation to the Interreg Europe programme as users of the database (as defined in paragraph 1.1).

Access rights to information and functions in the iDB are restricted to users depending on their specific roles in relation to particular proposals or projects.

Users mentioned in paragraph 1.1 shall access the iDB only via natural persons employed by or representing them. If a user leaves the organisation or is no longer representing the organisation, the account of this person shall be closed and a new one shall be created if needed.

2.2. Means of access

2.2.1 Users access the iDB with their email address and a password initially provided by the system (and then changed by the user) and encrypted into it.

Users guarantee that the information provided for registration of their account is accurate, updated and that the email address provided is a valid personal email address. It is also the responsibility of users to make sure that they receive the emails automatically sent by the iDB system.

The Interreg Europe JS has - at any time - the right to verify the validity of this information. If this verification reveals any inaccuracy or invalidity, the iDB administrator has the right to close the account or suspend, refuse or reset access.

2.2.2. The means of access (i.e. the email address and password) are strictly personal and users are responsible for safeguarding their confidentiality and security, and ensuring their appropriate use.

Users undertake to take all steps to prevent any unauthorized third party from gaining knowledge and making use of their means of access. They may not transfer or sell their means of access to any third party.

Users must notify the Interreg Europe JS immediately of the loss, theft, breach of confidentiality or any risk of misuse of the means of access.

If the Interreg Europe JS has any reason to suspect that the confidentiality or security of the means of access has been breached or that the iDB is being misused, it may - without prior notice - suspend or refuse access.

3. USING THE iDB SYSTEM

3.1. General

3.1.1. Users shall use the iDB in accordance with these terms and conditions, in a responsible manner, and exclusively for their professional purposes and without breach of the rights of third parties.

3.1.2. Users shall respect the confidentiality of all data included in the database which has not been made public. In case of doubt, users should check with the Interreg Europe JS before making data available to members of the public, applicants or project partners or any other users of iDB that do not have access to the concerned data due to restricted access rights.

3.1.3. Users are fully and unconditionally responsible for any use of the iDB (including misuse of their means of access), and for any detrimental consequences that may arise directly or indirectly therefrom.

3.1.4. Organisations acknowledge and accept that they are responsible for the actions and omissions of users employed by or representing them.

3.1.5. The system keeps track of access to and use of the iDB.

3.2. Required hardware, software and services

3.2.1. Users acknowledge and agree that they are responsible for the choice, purchase and operation of any hardware, software or telecommunication services required to connect with and to use the iDB.

3.2.2. Such hardware, software or telecommunication services must meet the minimum requirements specified in the users’ guide. The Interreg Europe JS is not liable for hardware, software, products and services of third parties, such as telecommunication equipment, internet connections, operating systems and internet browsers.

3.3. iDB availability

3.3.1. The Interreg Europe JS does not guarantee that the iDB will be available without interruption or degradation of service at all times.

3.3.2. However, the Interreg Europe JS will to the best of its abilities take reasonable care to ensure the availability of the iDB. In case of planned interruptions for maintenance purpose, the users will be warned through a message posted on the iDB homepage.

3.3.3. The Interreg Europe JS is not liable for any damage suffered in connection with the suspension or refusal of access.

3.4 Electronic submission

3.4.1 By clicking the “submit”, “approve”, “send” or any other button used for the official transmission of information to other users or to the programme authorities, the users officially approve and / or submit the information to the concerned programme authorities. By doing so, the user name of the person clicking the button and the corresponding date are indicated next to the button.

3.4.2 In general, the date of electronic transmission as described in paragraph 3.4.1 (as well as in paragraph 3.4 of iOLF terms and conditions) shall be considered to be the official date of submission of the document concerned.

4. Personal data protection

4.1. The personal data collected through the iDB by the Interreg Europe JS are:

• first name, last name, email address and role for users requesting access to the iDB;
• first name, last name, position, organisation address, professional phone numbers (office number) and email address of users through the users profile;
• first name, last name, department/unit/division (if applicable), organisation address, professional phone numbers (office number and optionally mobile number) and email address, for contact person(s) of the lead applicant/partner and the project applicants/partners (these data are collected through the application forms and progress reports submitted in the online form system iOLF);
• first name, last name, position, department, institution, organisation address, phone numbers (office number and optionally mobile number) and email address of the first level controllers (these data are collected through the progress reports submitted in the online form system iOLF).

All requested fields are mandatory unless they are marked in the system as optional. If mandatory fields are not completed this will prevent the submission of the information.

4.2. The collected data are processed for the purpose of providing access to the iDB system, assessing project application forms, awarding funds to selected projects, as well as implementing, managing, monitoring and evaluating the interregional projects and Policy Learning Platforms and the programme as a whole , protecting the financial interests of the EU against irregularities and fraud (notably for the purpose of identification of risks indicators, verifications, audits and/or investigations) and for communicating on the Interreg Europe programme and its actions (projects and platforms).

4.3. The recipients of these data are the programme authorities (which are the Interreg Europe managing authority, JS, the certifying authority, and the audit authority), the European Commission, the programme Partner States authorities represented in the programme monitoring committee and group of auditors, Interreg Europe national points of contact, the company carrying out second level audits on behalf of the audit authority and the group of auditors, the INTERACT programme authorities and any other entity to which the Interreg Europe JS may give access to iDB or to part of the data contained in iDB, on a strict need to know basis (for example, first level controllers, Interreg Europe Policy Learning Platforms experts, programme evaluators, auditors). These recipients may have access to the projects/partners/applicants data directly through the iOLF or iDB systems or the data may be transferred to them by the Interreg Europe JS. These recipients shall not alter the data submitted by the projects through iOLF but are otherwise entitled to process personal data to carry out their tasks in relation to the Interreg Europe Programme.

4.4. The data included in the iDB will be kept in the iDB system for a period of 3 full years after the closure of the Programme (expected in 2025 at the earliest), for auditing and communication purposes. They may be archived outside of the iDB system for a longer period for statistical and historical purpose only.

Any personal data collected in the iDB will be processed by the Interreg Europe JS in accordance with the General Data Protection Regulation (EU) 2016/679 and the consolidated version of the French Law No 78-17 of 6 January 1978 related to personal data protection.

4.5. The persons whose personal data are processed have the right to access and correct their own personal data. iOLF and iDB users can usually do so directly in iOLF/iDB. In addition, and in particular for any person who cannot modify or delete their personal data directly in iOLF or iDB, it is possible to send any queries about processing of their personal data to the Interreg Europe JS by sending an email to info@interregeurope.eu

5. LIABILITY OF THE INTERREG EUROPE JS

5.1. The Interreg Europe JS shall not be liable for any direct or indirect damage of any kind except in the event of wilful misconduct.

5.2. The Interreg Europe JS is not liable for any damage in case of force majeure, external cause or any other events which are not under the reasonable control of the Interreg Europe JS.

6. CHANGES TO THE TERMS AND CONDITIONS

6.1. The Interreg Europe JS may, at any time, vary, add to or delete any provision of these terms and conditions.

6.2. Users and their organisations acknowledge and agree that such new terms and conditions can be notified by the Interreg Europe JS via notice on the iDB homepage. Unless otherwise stated in the notice, the new terms and conditions shall apply as from 7 days from the notice on the iDB homepage.

6.3. Users and their organisations acknowledge and agree that any modification to the terms and conditions shall be deemed accepted by them as from the first time they access or use the iDB after the date of entry into force of the new terms and conditions.

7. INTELLECTUAL PROPERTY RIGHTS

7.1. The intellectual property rights and know-how associated with the iDB belong to the GEIE GECOTTI -PE.

7.2. The GEIE GECOTTI-PE grants users a non-transferable, limited, non-exclusive licence to use the iDB for their own professional purposes (unless access is suspended or refused).

Users may not in any way:

1. modify, translate or adapt the iDB code;
2. decompile or disassemble the iDB code;
3. copy the iDB code (or parts of it);
4. pass on, dispose of, grant as a sub-licence, lease, lend or distribute iDB to third parties (this is without prejudice to the right to grant access rights to third parties that need to access or modify data in the iDB);

8. APPLICABLE LAW AND DISPUTE SETTLEMENT

These terms and conditions are governed by French law. For any disputes arising out of or in connection with these terms and conditions or the access to or use of the iDB, the administrative tribunal of Lille shall have exclusive jurisdiction, if the dispute cannot be settled amicably.