Terms governing responsibility and liability

1. Introduction

Comdia is an open, flexible online platform for market dialogue, the communication of requirements as well as offered services and products, for conducting bid gathering, announcements, competitive bidding and tenders, and for contract management (hereinafter referred to as "Comdia"). Comdia has a modular structure, each module being usable for one or more of these tasks.

Comdia can be found online at www.comdia.com and is operated by Comdia ApS, Lindvedvej 71, 5260 Odense S, Denmark, CVR no. 33 50 14 04 (hereinafter referred to as "Comdia ApS").

These terms of liability apply to the collaboration between Comdia ApS and the following two types of user (hereinafter referred to collectively as "the Users" and individually as "User" or "the User"):

• "Originators": Originators are Users who have a licence to publish and disseminate data. An Originator can thus initiate tenders, competitive bidding, bid gathering, market dialogues and create supplier lists etc. Each Originator has its own site on Comdia.
• "Suppliers": Suppliers are companies that are able to participate in the tenders, competitive bidding, bid gathering, market dialogues and created supplier lists that the Originators have initiated or created on Comdia. Suppliers create their own profile on Comdia and through this profile have access to the tenders, competitive bidding rounds, bid gatherings, market dialogues and created supplier lists that the Originator has initiated or created on Comdia.

When creating a site or a profile on Comdia, the Supplier and the Originator respectively have accepted the terms laid down in sections 2 to 11.

2. Compliance with legislation and other public regulations

It is the Originator's own responsibility to ensure compliance with all regulations pertaining to procurement and administrative law, as well as any other regulations that may apply to a particular procurement, market dialogue etc.

A User shall not be entitled to file a claim for damages or compensation against Comdia ApS as a result of a procurement, market dialogue etc. not being conducted in accordance with the regulations pertaining to procurement and administrative law or any other applicable regulations, regardless of the reason, including technical problems with Comdia. Should Comdia ApS nevertheless be found liable for a loss incurred by a User, Comdia ApS's liability shall, regardless of cause, be limited to a total of DKK 5,000 per Supplier, or the amount the Originator has paid to Comdia ApS for the implementation of the procurement, market dialogue etc. in question.

3. Conditions for material registered on Comdia

Comdia ApS reserves the right to reject material, including text and images, that conflicts with the medium's guidelines or code of ethics, or with applicable national law - including material that was initially accepted or has previously been published by the medium.

The customer is responsible for ensuring that the material and the content of the landing page comply with applicable laws and regulations, and that they do not infringe third-party rights. Comdia ApS and the medium therefore accept no responsibility for the content of company profiles and products registered on Comdia.

4. Third-party information on Comdia

Comdia ApS is not responsible for the accuracy or reproduction of the information accessed via Comdia, regardless of whether it has been published by a User or a third party.

Although Comdia ApS stipulates rules for user conduct, Comdia ApS is unable to control or determine the actions of Users on Comdia. Comdia ApS is therefore not liable for any offensive, inappropriate, obscene, illegal or otherwise infringing content that may exist on Comdia.

5. Updates to the platform

Comdia ApS updates Comdia on an ongoing basis, among other things to improve the user experience.

Comdia ApS accepts no responsibility for changes in the reproduction of Users' or third parties' information as a result of updates.

6. Technical disruptions

Comdia ApS endeavours to keep Comdia up and running, error-free and secure, but does not guarantee any specific uptime, service level or degree of security.

7. Guidance on the use of Comdia

Comdia ApS is not responsible for ensuring that persons employed by a User have been trained in the use of Comdia.

It is thus the Originator's own responsibility to ensure that the correct module is used for the right task. Likewise, it is the User's own responsibility to use Comdia correctly.

8. Agreements between Originators and Suppliers

Comdia can be used as a contract management system in which relevant data about concluded agreements is entered.

Data and documents entered in the contract management system and shared between the Users are subject to the contractual terms agreed between them. Comdia ApS is not involved in the collaboration and agreement between the Users, and Comdia ApS assumes no responsibility for the accuracy or reproduction of the information created or shared via Comdia.

9. Personal data

Comdia ApS processes personal data about the Users in connection with their use of the platform. The processing is based on legitimate interest, cf. Article 6(1)(f) of the General Data Protection Regulation, or on the performance of the agreement the User has entered into by accepting these terms.

Users should be aware that the information exchanged via Comdia may contain personal data about the Supplier's employees or business partners. Such information may, for example, be provided when creating a profile, submitting a bid or responding to a market dialogue.

Comdia ApS also collects information about the Users' activity on the platform, including through the use of cookies, even when Comdia is visited without logging in.

Comdia ApS does not disclose personal data to third parties unless required by law or necessary for the provision of the platform. Originators using Comdia may have access to personal data about the Supplier's employees in connection with the execution of tenders, market dialogues etc. In such cases, the Originator is the data controller for its processing of this data.

Under the General Data Protection Regulation, Users have the right of access to, rectification and erasure of the personal data that Comdia ApS processes about them, as well as the right to restriction of processing and to object to the processing. Requests to exercise these rights should be addressed to Comdia ApS.

As soon as a User deletes their profile or site on Comdia, all personal data linked to it is deleted. The User should, however, be aware that personal data shared with an Originator in connection with the submission of a bid, participation in a market dialogue etc. may be stored as part of the Originator's documentation and thus be subject to the Originator's deletion policy.

Comdia ApS is not liable for the Users' or third parties' unauthorised use or distribution of personal data.

10. Copyright and rights of use

Comdia ApS holds no copyright to information or documents shared between the Users via Comdia. However, Comdia ApS obtains a right to use or disseminate information and documents shared via Comdia within the objectives and framework of Comdia.

Users should, however, be aware that information and documents shared via Comdia with all Users and the public, or with individual Users only, will be registered, logged and potentially downloaded by these Users or third parties. Comdia ApS is not responsible for the infringement of a User's copyright or similar rights in connection with the use of Comdia.

11. Visibility to other users in the same organisation

When a User creates a profile on Comdia under an organisation's CVR number, the User's name and e-mail address will be visible to other users registered under the same CVR number.

The purpose of this is to enable Users within the same organisation to identify and collaborate with each other on the Comdia platform. The information is not visible to users belonging to other organisations.

The legal basis for the processing is legitimate interest, cf. Article 6(1)(f) of the General Data Protection Regulation. Comdia ApS has assessed that this interest is not overridden by the data subject's right to privacy, as the information is visible only to colleagues within the same organisation.

It is an absolute condition for creating a profile that the User is affiliated with the organisation under whose CVR number the profile is registered. Creating a profile under a CVR number with which the User is not affiliated is in breach of these terms and will result in the immediate closure of the account.

Comdia ApS reserves the right to notify the affected organisation of unauthorised registrations under its CVR number. Where there are grounds to do so, the matter may also be reported to the relevant authorities, including the Danish Data Protection Agency (Datatilsynet).