Terms of Use
Version 1.1 Date: 30.01.2023
1. Right to use
- The right to use the Website is granted hereby and under the terms and conditions set out herein. You are allowed to receive and/or print the Content solely for private and non-commercial or profitable use (hereinafter "Permitted Use"), provided that the Content is not modified in any way and all intellectual property rights and relevant indication of their holders e.g. of intellectual and industrial property rights, remain unaltered.
- It is explicitly agreed that the Content is lawfully used and only for the Permitted Use. Any other use of the Content is prohibited. It is acknowledged that the use of Service and Permitted Use take place with the exclusive responsibility of the user, that any material and/or data download achieved through the use of Service and under the form of Permitted Use takes place at the sole discretion and under the exclusive responsibility of the user.
- Any document or graphics of the Website cannot be wholly or partly reprinted or electronically of by other means reproduced for any other purpose except for Permitted Use, unless there is a prior written consent by EnergyLive or the respective holder (holders) of intellectual property or other rights.
- Furthermore, it is not allowed to sell, resell, modify, decompile, reassemble the frame or create produced works thereof or in any other way exploit the Website or part of it for commercial purposes, except for those mentioned below for members' content, without the prior written consent of EnergyLive.
2. Personal Data Protection
- EnergyLive respects and protects the personal data of the persons using the Website. Privacy Policy is available on the Website and by accessing it (the Website) users fully and unreservedly accept and are bound by it.
- EnergyLive warrants for each individual user when it comes to using and preserving personal data contained in the Website, that this shall take place only for the purposes of EnergyLive that relate to him. In order to make sure that all data provided by users remain confidential, EnergyLive has adopted the following confidentiality principles:
- The Website collects only the data that EnergyLive considers necessary and relevant in order to provide the users with services.
- EnergyLive has in place security systems designed to prevent unauthorized access to users' data by any third party, including its unauthorized personnel.
- EnergyLive's personnel authorized to access the users' data is bound by strict confidentiality obligations.
3. Liability of EnergyLive
- EnergyLive can under no circumstances be held liable for possible errors or omissions or damages that can derive from using the Content. Although EnergyLive periodically updates the Content it must be noted that some of the information contained might be out-of-date or have mistakes.
- More specifically, EnergyLive cannot guarantee the accuracy, trustworthiness, validity or correctness of the content, software, texts, graphics, links or communications provided by or through the Website.
- The Website does not address to children and therefore their guardians are excusively responsible for the Website's use by minors.
4. Limitation of EnergyLive Liability
- This Website is under the management of EnergyLive which has its registered office in Athens (Greece) and destined by use mostly be Greek residents. Access to the Website and its Content might not be legitimate for persons residing outside Greece. In that case, should the user decide to access and use the Website and its content while he/she resides outside Greece, he does so under his own responsibility and is solely liable for his/her compliance with all applicable laws and regulations.
- EnergyLive makes all possible effort for the good operation of its network although it cannot guarantee that the function of the Website or servers shall be uninterrupted or without any kind of errors, relieved from viruses or other similar elements.
- The user acknowledges and accepts that any sale/purchase activity in energy markets includes the risk of exposure to market and regulatory risks (such as the risk of exposure to price risk and the acknowledgment of possible financial loss or the risk deriving from the lack of compliance with EU notification requirements). Those risks are entirely assumed by the user who explicitly and unreservedly relieves EnergyLive from any liability for loss, damage or injury (including losses of financial nature) that derives or is connected with the use of the Website. Any decision to trade based on the analysis made by EnergyLive is solely made by the user who undertakes full and complete responsibility for his/her activity.
- Under no circumstances can EnergyLive be held liable for claims of legal, civil and/or criminal nature nor for any damages (whether positive, special or incidental, but not limited to, alternatively and / or cumulatively consists of loss of profits, data, lost profits, pecuniary interest, etc.) raised by users or third parties for causes related to the operation or non-operation and/or use of the website and/or inability to provide services and/or information provided by the website and/or with unauthorized interference of third parties to products and/or services and/or information provided through the website.
- To the maximum extent permitted by law, EnergyLive rejects all guarantees whether express or implied such as indicatively those leading to marketability and suitability for a specific purpose.
- EnergyLive does not guarantee that the websites, services, choices and contents of its website shall be provided with no interruptions, errors and that those errors shall be rectified. Additionally, EnergyLive does not guarantee that this website or any other related to it website or servers through which these are made available to users/visitors/customers do not contain viruses or other damaging material.
- The user remains solely liable for accessing the services of the Website and the relevant access may require payment of fees to third suppliers (e.g. telecommunication providers, time spent online), which shall be paid solely by the user. The user is the only liable for the adequacy of the equipment with technical means that allow him access the services of the Website.
5. Intellectual property rights
- It is acknowledged that the Content of the Website, except for the part sent by users, is provided either by EnergyLive or by licensors, writers, programmers, suppliers, sellers and members (hereinafter the "Third Providers") and the respective intellectual property rights belong to EnergyLive or the Third Providers.
- The elements of the Website are protected by Greek, European and international laws for intellectual property and the whole or partial copy, distribution, transmission, alteration, resale, creation of products, imitation or misleading the public as to the true provided or the Website content is forbidden. Any reproduction, republication, loading, announcement, transmission, broadcast or any other use of the content in any way or means, for commercial or other purposes, is allowed only following prior written consent of EnergyLive.
- All product names, company names, trademarks, logos and symbols can be registered trademarks of their holders. Their presentation on the website is not transfer or license to use them.
- Exceptionally and only for texts, files, pictures, photographs, works or other material that the user uploads on the website, either as host or visitor (hereinafter "Members' Content") EnergyLive does not claim intellectual property rights. After uploading Members' Content on the Website, the user shall continue to hold ownership to that content.
- The user is solely liable for the Members' Content that is uploaded through his account on the website and declares that the owns any content uploaded though his Website account or that he has the right to upload such content and assign the license mentioned hereto, as well as that such uploading does not infringe private, publishing, intellectual property, contractual or any other rights of persons or legal entities.
- However, the creator of work and generally any user inserting or in any way uploading part of the Content assigns EnergyLive a valid license for the duration of intellectual property rights so that EnergyLive can exercise the following rights:
- reproduce the work, incorporate it in on or more collective works and reproduce the work as incorporated in collective works
- create and reproduce derivatives
- distribute copies or sound/visual scripts, present the work in public and publicly display through digital sound/visual transmission, including the material incorporations in collective works
- distribute copies or sound/visual scripts, present derivatives in public and publicly display through digital sound/visual transmission.
- If the user considers that his work has been copied in a way that constitutes breach of intellectual property rights or observes violation of intellectual or industrial property rights of his own or of third parties' he must immediately inform EnergyLive either via our Contact Form on this Website or via post to the following address details:
Figalias 2 & Leof. Veikou 4
Galatsi, GR 11147
115 24 Athens
Telephone: +30 213 0442226
6. Regulations of use
- The use of the Website must take place solely for lawful purposes and in a way that does not limit or obstruct its use by third parties. The user is obligated to use EnergyLive website according to law, in good faith and under these terms and conditions.
- The user must not proceed with acts or omissions that might cause damage or malfunction to the website, adversely affect or endanger the provision of Services by EnergyLive.
- The user is not allowed to place or send spam, reports for signatures, chain mails or mails related to pyramid systems. He is also not allowed to place or send any advertisement or marketing material.
- EnergyLive assumes no responsibility to monitor the accuracy/correctness of Members' Content on the Website and to modify it accordingly, nor can it validate/confirm such content.
- EnergyLive encourages users to report any offensive or illegal content and reserves the right to suspend its transmission or remove any part of Members' Content posted on the Website at any time and for any reason and without prior notification to the user.
- EnergyLive reserves the right (but is not obligated) to proceed with any of the following:
- record and store any communication between the user and the Website, including e-mails and questions/answers to its associates
- audit any complaint in case that a communication violates these Terms of Use and decide at its absolute discretion to remove or demand the removal of a user's subscription.
- remove conversations considered offensive, illegal or harassing or not compliant with the Terms of Use
- terminate access to any space and the whole Website if there is a violation of these Terms of Use.
7. Links and marketing indications
- The Website may contain links or advertisements to websites operated by other parties (hereinafter "Third party websites"). Links and advertisements to Third party websites are intended for users'/visitors' convenience only.
- EnergyLive is not obliged to check the availability, content, Privacy Policy, quality and completeness of services provided by other websites to which it might redirect through links or marketing indications.
- EnergyLive bears no responsibility for the content of Third party websites or any damage that may arise out of their use, since users access them at their own risk.
- Projection of links or advertisements for Third party websites on the Website does not constitute for EnergyLive of any kind of approval or acceptance on its part of materials, products or services presented in these websites or any connection with their owners.
- Linking the Website with any other website is strictly forbidden without the prior written consent of EnergyLive.
8. Use of Website Services
- Use of services provided by the Website takes place following user's request. During his visit the use is required to fill in forms with personal data in order to activate the respective services of EnergyLive whereby he agrees with these terms and that he shall provide valid and adequate information him being solely responsible for their accuracy. EnergyLive is not liable for possible errors, omissions or mistaken information as a result of the user providing invalid data through the Website.
- It is clarified that EnergyLive does not possess publicly available catalogue of clients' e-mail addresses or those of visitors/users. As a result, personal data appearing anywhere on the website and web services of EnergyLive are intended solely for the operation of the respective service and are not allowed to be used by any third party, without complying with the provisions of Regulation 2016/679 and those of national legislation regulating personal data protection.
9. Indemnification
- The user must indemnify, defend and hold EnergyLive, its officers, directors, employees, representatives, information providers, associates, advertisers and suppliers (hereinafter “EnergyLive Parties) harmless from all and any damages, expenses, indemnifications, including reasonable legal fees that arise from (a) provision of Members’ Content and/or (b) the use of Content or of the Website and/or (c) breaching the Agreement (including violation of intellectual or industrial property rights of third parties on national, European or international level or abusive behavior) by the user or any person with access to the Website using that user’s account.
- Should EnergyLive or EnergyLive Parties be held liable their liability, if attested, for losses or damages, cannot exceed the amount of any fee paid by the user for the provision of the Website services.
10. User’s Guarantees
- Each user solemnly states that he is older than 18 years of age and has the right and ability to undertake the rights and obligations of the Agreement and use the Website based on that (Agreement).
- Explicitly states that he is financially responsible for the use of the Website from himself (as well for the use of the Account by others, either authorized or not, including accidental use by minors staying with him) and that he/she shall comply with the obligations and responsibilities mentioned in the Agreement.
11. General Terms
- The Agreement as well as any amendment thereof shall be construed and interpreted based on Greek laws, the Union Law and the respective international conventions. The Courts of Athens Greece are exclusively competent for any dispute arising hereof.
- Should any clause hereto be found against the law it shall immediately cease to have effect and shall be removed from these terms of use, without affecting the validity of the others.
- This constitute the total Agreement between EnergyLive and the person using its websites and services and binds only them. No amendment to these terms shall be taken into consideration and shall not constitute part hereof unless stated in writing and incorporated un these terms of use.
- If EnergyLive does not insist on the compliance with paragraphs, clauses, conditions or provisions of this Agreement, shall behavior shall not be considered waive of rights, present or future.
- Assignment of rights and obligations pursuant to this Agreement is forbidden. EnergyLive may be substituted to these rights and obligations by any party at any time and without prior notification of the users.
- EnergyLive and the user may communicate via e-mail, while the user can also send a letter by post to the following address details:
PV LIVE PC
Figalias 2 & Leof. Veikou 4
Galatsi, GR 11147
Telephone: +30 213 0442226
- Unless otherwise stated herein, Terms of Use and Privacy Policy are effective immediately and these are accepted in whole by the user with no reservations and with no express or implied objection, mistaken estimation, limitation or rejection.
Privacy Notice
Version 1.1 Date: 30.01.2023
1. What personal data we collect
- During your registration at EnergyLive.cloud
While creating an account on our Website we will ask you to provide us your name and e-mail address. Your e-mail shall be the username for using our services and you will be able to set a password that will be encrypted and not known to us. Upon registration and through your personal account you may choose to consent receiving newsletters from us.
- While managing your electronic profile
If you wish to receive specific notifications while using our Services you can always save your preferences regarding services you consider to be of greater interest for you. Collecting such information takes place following your affirmative actions with the aim to provide better services. We may as well classify in an anonymized way our users' preferences in order to improve our services.
- While managing your electronic profile
The data available through the platform operated by EnergyLive.cloud are often subject to third parties' intellectual property and other rights (e.g., national and/or international energy exchange markets etc., hereinafter the Third Parties) that prioritize the integrity of their systems against data and information leakage. In order to allow the input of the aforementioned data into Company's Platform and users' access to it, Third Parties require the provision of basic contact information of all platform users (such as full name and e-mail address).
2. Who we collect your data from
Data are collected directly by the subjects either by using our website, or upon creation of an account or during contact with us for clarifications or precontractual information. During use of services, you may need to insert personal data belonging to third parties (clients) in which case the user remains responsible for acquiring all necessary permits for using this data.
Only based on such guarantee which is explicitly provided by the user upon use of the website do we process personal data while we may process it insofar necessary for the performance of our contractual obligations.
3. Why we need your personal data
We collect and process personal data for the below mentioned purposes:
- Provision of services requested by the user and offered by our Company (contractual obligations, legal obligations).
- Ability to contact and inform you with respect to products and services offered by us provided that you have consented to such actions (consent, legal interest).
- Contact with the user following an enquiry sent through our web Contact form (consent, performance of contract, legal interest).
- Protection of our company's property and lawful claims (legal claims, legal interests).
4. Who shall we share your data with
The Company does not transmit personal data in countries or international organizations outside the EEA. Personal data are not sold to any third parties.
In order to perform our contractual obligations and provide the best possible service we shall share personal data with:
- Business associates such as:
- In pseudonymized form with marketing associates, so that they can suggest a marketing activity.
- Data providers to EnergyLive.cloud that require the provision of basic contact information of all platform users to ensure the integrity of their systems against data and information leakage.
- Public or data protection authorities, if this is required based on national or EU legislation not only to comply to legal obligation as well as to protect the Company's lawful claims.
- Investors, to the extent that the expansion of business activity requires a due diligence by an interested investor, taking any measures necessary to secure and protect confidentiality of personal data.
5. For how long we keep your personal data
- Account data on energylive.cloud
Through your personal account profile, you can delete your data at any time. However, the Company shall keep the data necessary for the performance of contractual obligations, compliance with legal obligations, as well as to preserve its business interests.
- Data collected via Contact website form
Those data shall be retained solely for responding to your request and unless we enter into a business cooperation, these shall be deleted three (3) months following reply to your enquiry/request.
6. What measures we take for your data safety
The Company has taken all necessary technical and organizational measures for the safety of your personal data. We have applied all required procedures, such as encryption and pseudonymization, in order to prevent unauthorizes and/or unlawful access or transmission to third parties.
As for your password, it is chosen by you and it is highly recommended to choose an extremely strong one and not reveal it to any third parties. It is advisable not to automatically store the password on your browser and often delete history, so as to prevent third parties from acquiring your password.
7. Cases where we need your consent
In certain cases, processing of personal data may require your prior consent. In that case we shall explain in simple and plain language what is the intended processing, whereas you shall continue to be able to use our services even if you do not provide the requested consent.
In any case, you may freely and at any time revoke your consent in cases where data processing relies on that and we are obliged to stop any further processing based on such consent.
For the time being, you are requested to provide consent only if you wish to receive via e-mail our newsletter with marketing activities, news and services. You can revoke such consent either through Settings of your account or by simply sending us an e-mail through our web Contact form mentioning that you revoke consent. In these cases, we shall retain your e-mail in encrypted format in order to make sure that you receive no further newsletters from us.
8. Now, let’s take a look at your rights regarding your personal data
- Right to access: You have the right to ask us if we keep your personal data, which are these and you can ask a copy thereof. If you have already created a profile on EnergyLive.cloud you can directly exercise that right through your account. Exercising this right is subject to ID verification processes and is satisfied under the condition that third parties' rights are not violated.
- Right to rectification: You have the right to ask us to rectify your personal data if this is imprecise, inadequate or not up to date. If you have already created a profile on EnergyLive.cloud you can directly exercise that right through your account.
- Right to erasure/to be forgotten: You have the right to ask us to delete your personal data except for those we need to keep pursuant to legislation or for lawful business purposes stipulated by law. If you have already created a profile on EnergyLive.cloud you can directly exercise that right through your account.
- Right to restrict processing: You can ask to restrict processing all or part of your personal data in certain cases e.g. when your data held is imprecise.
- Right to object: You have the right to object to processing your personal data for reasons related to your personal status or for processing related to direct marketing purposes.
- Right to portability: You have the right to ask us to deliver a copy of your personal data in easily readable format and/or send such a copy to a third person indicated by you for the provision of similar services.
- Right to not be subject to automated processing: Notwithstanding exceptions stipulated in law, you have the right to ask us not to proceed with decision making for you based on automated means such as profiling, in cases where such a decision could have or has important legal consequences for you.
For the exercise of rights that you cannot use your profile account you can contact us via our Contact Form on this Website under the subject "Exercise of Data Subject Rights" and we shall proceed with any required action to respond in a timely manner and within the time limits set by law.
9. If you think that your personal data rights are violated…
Law provides you with the ability to lodge a complaint to the competent data protection authority in your country of residence or the country of our main establishment. Please find below the contact details for the competent authority in Greece:
Hellenic Data Protection Authority
1-3 Kifisias Avenue
115 23 Athens
Tel: +30 210 6475600
Fax: +30 210 6475628
Website: www.dpa.gr
10. Minors
Our products and services, as well as the website EnergyLive.cloud do not address to children under 15 years old. Therefore, we do not knowingly collect personal data belonging to minors that do not meet the required age criteria.
In that case minors are not allowed to make use of EnergyLive.cloud and not provide any personal data.
In case you realize, acting under your capacity as guardian or parent that a minor has notified personal data to us, please send us immediately an e-mail through Contact Form.