Privacy Notice

Welcome on BABLE

We put great importance to data protection and therefore use the data you provide to us with upmost care. You can handle the data you provide to us in your personal dashboard. You will find our complete regulations on data protection and clarification of your rights in our privacy notice . By using the website and its offers and navigating further, you accept the regulations of our privacy notice and terms and conditions.

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Terms and Conditions

Introduction

Thank you for visiting BABLE GmbH, a community driving the change for a better urban life. These rules are in place to protect our whole community as well as ourselves, so that you can take advantage of the benefits that BABLE offers and so that the community can keep growing and helping to foster innovation with cities and for cities. This is where you'll find information about: how we protect your privacy and data; what you can and can't do; and how we handle user accounts. Therefore, please read these terms carefully.

By using BABLE and signing up for an account, you are agreeing to these Terms, which will result in a legal agreement between you and BABLE (“Agreement”).  To help you understand the Agreement, we will include a few definitions.  BABLE (“BABLE”, “we”, “us”) is an online marketplace for Smart Cities.  This Agreement and all the policies posted on our site is set out in the terms which we offer you (“you” o “User”), which offers access to our site’s services, applications and tools (“Service”).  You agree to comply with the Agreement when accessing or using our Service.

If you have any concerns or questions about the Agreement, feel free to contact us at datenschutz@bable-smartcities.eu.

 

About BABLE

BABLE is a neutral facilitator between the public and private sectors, driving the change for a better urban life with smart technologies and helping to build healthier, more efficient and sustainable cities. To achieve this, we have developed a diverse and self-enhancing offer: (1) our open, free online platform for sharing best practices and opportunities with a community of smart city “implementers”, (2) our implementation-oriented consulting services, (3) our certifiable Smart City training programme, and 4) our BABLE toolbox with digital tools for ideation, evaluation and implementation of smart solutions.

The platform’s complete offer provides cities with valuable resources to develop SC projects and procure innovative solutions effectively.

  • Companies can showcase and promote (for a fee) products, solutions, and services that have been piloted successfully and can be replicated and procured in cities across Europe.

  • Cities can find a complete blueprint for their implementations through the unique functional logic of BABLE- the linking of Solutions, Use Cases and Products.

The BABLE Smart City platform is growing and becoming a neutral go-to place for matchmaking between the supply and demand of the European SC market.

The BABLE toolbox is a special place on our platform, where innovative applications and services offered by companies and innovators take the form of automated tools and apps that support, facilitate and accelerate the processes of transforming cities into the version of a Smart City they choose to become.

While we always try to provide the highest quality curation and configuration services and support for innovation procurement and other guidance in our Service, such guidance is solely informational, and you may choose to follow it or not. BABLE has no control over and does not guarantee the existence, quality, safety or legality of items or services advertised, nor the truth or accuracy of users' content or listings.

 

Behaviour

To provide our community with a safe space for innovation and collaboration, all Users must follow the rules as to not negatively impact the other Users. Therefore, in order to use our SERVICE, you promise to follow our rules and refrain from:

  • linking to companies or cities where you do not work

  • posting, listing or uploading content or items in inappropriate categories or areas on our sites;

  • breaching or circumventing any laws, third-party rights or our systems, policies, or determinations of your account status;

  • using our Services if you are not able to form legally binding contracts (for example, if you are under 18 years old), or are temporarily or indefinitely suspended from using our sites, services, applications or tools;

  • manipulating the price of any item or interfering with any other user's listings;

  • posting false, inaccurate, misleading, deceptive, defamatory, or libellous content;

  • taking any action that may undermine the feedback or ratings systems;

  • transferring your BABLE account (including Feedback) and user ID to another party without our consent;

  • distributing or posting spam, unsolicited or bulk electronic communications, chain letters, or pyramid schemes;

  • distributing viruses or any other technologies that may harm BABLE or the interests or property of users;

  • using any robot, spider, scraper, data mining tools, data gathering and extraction tools, or other automated means to access our Services for any purpose, except with the prior express permission of BABLE;

  • interfering with the working of our Services, or impose an unreasonable or disproportionately large load on our infrastructure;

  • exporting or re-exporting any BABLE application, data or tool, except in compliance with the export control laws of any relevant jurisdictions and in accordance with posted rules and restrictions;

  • Infringing upon the copyright, trademark, patent, publicity, moral, database, and/or other intellectual property rights (collectively, "Intellectual Property Rights") that belong to or are licensed to BABLE. Some, but not all, actions that may constitute infringement are reproducing, performing, displaying, distributing, copying, reverse engineering, decompiling, disassembling, or preparing derivative works from content that belongs to BABLE or someone else;

  • infringing any Intellectual Property Rights that belong to third parties affected by your use of the Services or post content that does not belongs to you;

  • commercialising any BABLE application or any information or software associated with such application, except with the prior express permission of BABLE;

  • harvesting or otherwise collecting information about users without their consent; or

  • circumventing any technical measures we use to provide the Services.

By using the Service, you represent and warrant that you meet all the requirements listed above, and that you won’t use the Service in a way that violates any laws or regulations. Note that by representing and warranting, you are making a legally enforceable promise.

BABLE may refuse service, close accounts of any Users, and change eligibility requirements at any time.

 

Fees

The fees we charge for using our Services are listed on our BABLE Rules for Listing page. We may change our fees from time to time by posting the changes on the BABLE site 14 days in advance, but with no advance notice required for temporary promotions or any changes that result in the reduction of fees.

The fees as mentioned in Rules for Listing are due when the product is uploaded. 

 

Listing Conditions

We strive to create a platform where cities, municipal companies, developers, and other parties interested in realising Smart City solutions can easily find what they are looking for. To achieve this, your listed ASSETS will appear in the search function.  You agree to the following classifications:

  • The appearance or placement of listings in search and browse results will depend on a variety of factors, including, but not limited to:

    • Number and quality of other listings you have linked your listing to
    • search query and filter selection

    • language setting

    • creation date of the asset

    • number of listings matching the query
    • quality and availability of data for the asset.

  • Your listing may not be immediately searchable by keyword or category for several hours

  • Some advanced listing upgrades will only be visible on certain Services.

  • Metatags and URL links that are included in a listing may be removed or altered so as to not affect third-party search engine results.

I also agree to comply with BABLE’s rules for listing when listing a product or service on BABLE:

  • You are responsible for the accuracy and content of the listing and item offered.

  • BABLE cannot guarantee exact listing durations.

  • Content that violates any of BABLE’s policies may be deleted at BABLE’s discretion.

  • We may revise data in the BABLE catalogue to supplement, remove, or correct information

  • We may provide you with optional recommendations to consider when creating your listings. Such recommendations may be based on the aggregated views and performance history of similar listings; results will vary for individual listings. To drive the recommendations experience, you agree that we may display the page imprints and performance history of your individual listings to other users.

 

Additional Terms for Tools

BABLE offers a set of automated or semi-automated tools (Tools), which are provided as additional applications. These tools are accessible via the dashboard, sub-domains or on third party websites. Using the tools might require the acceptance of additional Terms & Conditions for this particular service. In particular, data gathered or generated within those tools might be shared with the entity or entities that own, licence or (co-) developed the tool. The acceptance of those additional Terms are a prerequisite for using the Tools.

 

Members Only Access

 While we provide much of our Service and information without the requirement of signing up, some of the information is only intended for Users who are logged in.  BABLE reserves the right to restrict access to any parts of the Website, at our own discretion.

If BABLE provides you with a user ID (i.e. your e-mail address) and password to enable you to access to certain areas of the Website or other content or services, you must ensure that the user ID and password are kept confidential.

BABLE is maintained as a platform for high quality exchanges between professionals. Therefore, when using a personal email address, you may be asked to re-register with your professional email address and your private email address may be removed. We also may disable your account at our sole discretion.

 

Content

You shall retain all right, title, and interest in and to the material, content, data, and information (including your personal information and the personal information of others) you submit to BABLE. When providing content while using our Services (directly or indirectly), you grant us a non-exclusive, worldwide, perpetual, irrevocable, royalty-free, sublicensable (through multiple tiers) right to exercise any and all Intellectual Property Rights you have in that content in connection with our provision, expansion, and promotion of the Services, in any media known now or developed in the future. To the fullest extent permitted under applicable law, you waive your right to enforce against BABLE, our assignees, our sublicensees, and their assignees your Intellectual Property Rights in that content in connection with our, those assignees', and those sublicensees' use of that content.

You represent and warrant that:

  • for all such content you provide, you own or otherwise control all necessary rights to do so and meet your obligations under this Agreement.

  • such content is accurate.

  • that use of any such content (including derivative works) by us, our users, or others in contract with us, and in compliance with this Agreement, does not and will not infringe any Intellectual Property Rights of any third party.

BABLE takes no responsibility and assumes no liability for any content provided by you or any third party.

We may offer catalogues including; for example, product images, descriptions and specifications that are provided by third parties (including from BABLE users).  

  • You may use catalogue content solely in your BABLE listings.

  • The permission to use catalogue content is subject to modification or revocation at any time at BABLE’s sole discretion.

While we try to offer reliable data, we cannot promise that the catalogues, solutions or other content provided through the Services will always be available, accurate, complete, and up-to-date. You agree to the following:

  • BABLE is not responsible for examining or warranting the listings or content provided by third parties through the Services, and that you will not attempt to hold us liable for any inaccuracies.

  • When uploading content, it is your responsibility to review the content of your listings for accuracy and that you will not attempt to hold our catalogue providers or us responsible for inaccuracies.

  • The catalogue may include copyrighted, trademarked or other proprietary materials. You agree not to remove any copyright, proprietary, or identification markings included within the catalogues and not to create any derivative works based on catalogue content (other than by including them in your listings).

The name "BABLE" and other BABLE marks, logos, designs, and phrases that we use in connection with our Services are trademarks, service marks, or trade dress of BABLE in the EU countries. They may not be used without the expressed, written and prior permission of BABLE.

 

Privacy of Others

If BABLE provides you with information about another user, you agree you will use the information only for the purposes that it is provided to you. You may not disclose, sell, rent, or distribute a user's information to a third party for purposes unrelated to the Services. Additionally, you may not use information for marketing purposes, via electronic or other means, unless you obtain the consent of the specific user to do so.

 

Newsletter

BABLE is a community that thrives from sharing and distributing information. When you sign up for our newsletter, your data are handled following GDPR and following our Privacy Notice. Also, when signing up to the platform, you are automatically subscribed to our Newsletter. Your data are also handled following GDPR and following our Privacy Notice. You can unsubscribe from the newsletter at any time. We use Mailchimp for our newsletter services. Their legal policies can be found here: https://mailchimp.com/legal.

 

General Terms

 

Release

If you have a dispute with one or more users, you release us (and our affiliates and subsidiaries, and our and their respective officers, directors, employees and agents) from claims, demands and damages (actual and consequential) of every kind and nature, known and unknown, arising out of or in any way connected with such disputes. In entering into this release, you expressly waive any protections (whether statutory or otherwise) that would otherwise limit the coverage of this release to include only those claims which you may know or suspect to exist in your favour at the time of agreeing to this release.

Indemnity

You will indemnify and hold us (including our affiliates and subsidiaries, as well as our and their respective officers, directors, employees, agents) harmless from any claim or demand, including reasonable legal fees, made by any third party due to or arising out of your breach of this Agreement, your improper use of BABLE’s Services or your breach of any law or the rights of a third party.

General

Except as otherwise provided in this Agreement, if any provision of this User Agreement is held to be invalid, void or for any reason unenforceable, such provision shall not affect the validity and enforceability of the remaining provisions. At our sole discretion, we may assign this Agreement, and in such event, we will post notice on www.bable-smartcities.eu.

Headings are for reference purposes only and do not limit the scope or extent of such Section. Our 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. We do not guarantee we will take action against all breaches of this Agreement.

We may amend this Agreement at any time by posting the amended terms on www.bable-smartcities.eu. Our right to amend the Agreement includes the right to modify, add to, or remove terms in the Agreement. We will provide you with a 30 day notice by posting the amended terms. Additionally, we may notify you by email or other direct forms of communication. Your continued access or use of our Service constitutes your acceptance of the amended terms. We may also ask you to acknowledge your acceptance of the User Agreement through an electronic click-through. This User Agreement may not otherwise be amended except through mutual agreement by you and BABLE.

The policies posted on our sites may be changed from time to time. Changes take effect when we post them on the BABLE site.

If you create or use an account on behalf of a business entity or municipality, you agree that you are authorised to act on behalf of such institution and bind the institution to this Agreement. Such account is owned and controlled by the business entity or municipality. No agency, partnership, joint venture, employee-employer or franchiser-franchisee relationship is intended or created by this Agreement.

The Terms and Conditions, the User Privacy Notice, and all polices posted through our Services set forth the entire understanding and agreement between you and BABLE, and supersede all prior understandings and agreements of the parties.

The following Sections survive any termination of the Terms and Conditions as a User Agreement: Fees, Privacy of Others, Content and General Terms.

Law and Jurisdiction

These terms and conditions are governed by and construed in accordance with European as specified in German Law, and any disputes relating to these terms and conditions will be subject to the [non-] exclusive jurisdiction of the courts of Stuttgart, Germany.

 

BABLE GmbH's details

The full name of BABLE is BABLE GmbH.

BABLE GmbH (BABLE) is registered with Handelsregister Deutschland (company registry of Germany). You can find the online version of the register at https://www.handelsregister.de/

BABLE is registered in Stuttgart (Germany) under registration number HRB 760906.

BABLE’s registered address is:

BABLE GmbH

Seyfferstraße 34

70197 Stuttgart

You can contact BABLE by email at info@bable-smartcities.eu