Terms & Conditions
Article 1 : Definitions
- “ECO Portal” : central access point for users to digital environmental product data, mainly EPD data, made available by ECO Platform;
- “ECO Portal Data”: all data found on ECO Portal;
- “EPD“ : Environmental Product Declaration;
- “EPD data” : all data included in an EPD;
- “Background data” : data used for creating the EPD;
- “ECO EPD” : EPD issued by one of the ECO Platform Programme Operators in compliance with ECO Platform's Verification Guidelines;
- “EPD database/dataset” : Digital dataset containing the EPD information;
- “EPD owner” : the owner of the EPD that is usually the manufacturer of the affected product or a Trade Association in case of sectoral EPD;
- “Data provider” : the operator of a data node (database) integrated into the global open data network. Typically this is an ECO EPD Programme Operator, but can be any other database operator providing access to data via the ECO Portal;
- “API partner” : owner / operator of an application that connects to ECO Portal via API (Application Programming Interface);
- “Data-owner” : owner of data, in particular background data, which got licensed for generating an EPD. The background data remains in the ownership of the background database operator, while the EPD data generated as well as the EPD itself is in the ownership of the particular EPD owner.
- “Data-user” : any person or tool operator accessing and using the data shared by ECO Portal.
Article 2 : Principles and purpose of ECO Portal
The ECO Portal data network is provided free of charge by ECO Platform, constituted and incorporated as an International Non-Profit Association and having its registered office in Belgium, Boulevard du Souverain 68, Box 1, 1170 Watermael-Boisfort, Brussels.
The use of ECO Portal is subject to the following Terms and Conditions.
The Terms and Conditions must be read carefully before registering to access the ECO Portal.
By accepting the Terms and Conditions and using the portal, the User consents to the collection and processing of its data as defined in Article 6 below by ECO Platform.
The main purposes of ECO Platform by proposing ECO Portal is to :
- Support mainstreaming of Construction LCA by free-of-cost provision of reliable EPD data via an open data network
- Avoid data redundancies due to multiple different databases
- Ensure the alignment and quality of data through a common open data network (instead of multiple silos as present)
- Provide the interface between “applications like building LCA tools” on the one side and “data providers / owners” on the other side
- Allow manufacturers to share their data only at one “location” (data node), which is integrated into the open data network
- Provide data-users a central access point to all data, independent from the “location” of the data
- Act as the “interface” for alignment and application of rules
Article 3 : Right of use - Intellectual property rights
3.1 EPD Data is owned by the original EPD owner. When the data is used by the User no data ownership will be transferred.
3.2 The User is not allowed to redistribute or sell the EPD data or any parts thereof. In other words, the User cannot create and/or distribute data products of their own.
3.3 The User must use the EPD data as it is. The User is not allowed to deconstruct the EPD data found on ECO Portal and/or use them for the creation of another data product.
3.4 Background data used to generate the EPD will remain ownership of the provider of the background data. In no situation ownership will be transferred.
3.5 All intellectual property rights and/or equivalent rights on ECO Portal, including the underlying software, possible illustrations, logos, brand names, etc. are the exclusive property of ECO Platform. Their use is only authorised with the explicit prior agreement of ECO Platform.
3.6 The User may not make the application or software available to third parties or sell or rent it to them, nor may he decompile it, reverse engineer it or modify it. The User is also prohibited from removing or circumventing the technical provisions for protecting the application and software.
Article 4 : Cost of use
The ECO Portal data network is provided free of charge by ECO Platform but requires a license. This license can be acquired by registering at ECO Portal (ECO Platform) and accepting the Terms and Conditions, before downloading data via API (Application Programming Interface).
Article 5 : User consent
Before using the application, the User’s consent is requested under these Terms and Conditions.
Th User has the right to withdraw his consent at any time by terminating the use of the ECO Portal.
Cookies are small pieces of information that are automatically stored on users' computer's hard drive when they visit a site and include a unique identification number.
These cookies make it easier for users to access and navigate the site and increase the speed and efficiency of its use. They can also be used to customise the site to users' personal preferences. Cookies can also be used to analyse the use of a site to identify and remove potential problems. Most browsers are configured to allow users to accept or decline cookies and to notify users whenever a cookie is used. Users are free to decline these cookies, although this may affect the optimal navigation and functionality of the services on the site.
This means that the following data may be collected :
- the unique identifier assigned to users at the time of the first connection
- the date and time users access the service
- users’ choice of language.
This information will only be used for the purposes of this data network.
Article 7 : Confidentiality declaration
ECO Platform ensures that the User’s privacy is respected and acts in accordance with the Regulation (UE) 2016/679 of the European Parliament and of the Council of 27 April 2016 on the protection of natural persons with regard to the processing of personal data and on the free movement of such data, and repealing Directive 95/46/EC (Hereafter « General Data Protection Regulation ») and Belgian legislation on the processing of personal data.
ECO Platform acts as data controller, as defined in the General Data Protection Regulation. Consequently, ECO Platform is responsible for the collection and processing of User’s personal data.
Article 8 : Security, accuracy and conservation
8.1 When using ECO Portal without downloading the API, ECO Portal does not collect any identifying data on the User (name, first name, etc.). The User is identified by a unique number, which is generated :
- during the first access on the portal
This identifier is stored locally on the User’s device:
- in the browser cookies, for the web application
This identifier can be regenerated :
- by deleting the cookies linked to the web application
ECO Platform will retain the User’s personal data only for as long as necessary under applicable law and for the purposes set out above.
Article 9 : User’s obligations
9.1 All data downloaded via ECO Portal is to be used in compliance with the general objectives and guidelines of ECO Platform, as they may change from time to time.
It is possible to use the data for any application, provided that the application follows the objectives of ECO Portal (see Article 2) without endangering the set-up of ECO Portal and that the data is only used for that purpose.
The following applications have been earmarked as compliant with the ECO Platform objectives:
- Building LCA
- LCA for building elements
- Infrastructure LCA
- Data Platforms that want to refer to EPD data
For this last application data from the EPD can be used for searching / identification of products and/or EPD. However, the EPD data itself is not to be redistributed (e.g. by copying to a generated dataset) without prior explicit permission by ECO Platform, but has to be linked to the original data source (ECO Portal / Data Provider Node).
ECO Portal Data is intended to be used for assessments of the environmental performance of products in a building context. A direct comparison of EPDs (i.e. without considering the building context) will often / typically lead to misleading conclusions. Users are to use the data downloaded from ECO Portal in the way intended by ECO Platform.
9.2 When using ECO Portal Data, the User must be transparent concerning data origin and quality (ECO EPD), e.g. data is to be communicated as ECO EPD data mentioning the source of the data (ECO Portal) plus the logo "ECO EPD".
Article 10 : Accountability
10.1 ECO Portal is a data network that has been developed with the most care. However, ECO Platform cannot guarantee that the website will always be available without interruption or defect.
10.2 ECO Platform cannot guarantee and is not liable for the completeness or accuracy of the information provided by the EPD owner and/or Data Provider.
10.3 ECO Platform disclaims any and all liability for direct damages and/or indirect damages (e.g. consequential damages, loss of income, business or profit, reputation) occurring under this Terms and Conditions.
10.4 Any damage caused by the misuse of the data or violation of the rules for use by users is to be compensated by the User. Neither ECO Platform, nor the Data Providers nor the EPD owners accept any liability and the User shall indemnify and hold ECO Platform harmless against all liabilities, claims, damages and expenses of every kind and character in that respect.
Article 11 : Termination and suspension
ECO Platform can terminate the User’s access to ECO Portal with immediate effect and with no previous notice if the User breaches any of these Terms and Conditions and/or acts unlawfully against ECO Platform (including, but not limited to, infringing ECO Platform’s rights in the Database) and the User will be prevented from having access to and using the ECO Portal.
ECO Platform reserves the right to temporarily or permanently block the website, at any time.
If the rights granted to the User under these Terms and Conditions terminate, the User shall immediately cease using ECO Portal and destroy any and all entry codes and/or passwords. The User must delete any data downloaded through ECO Portal and undertakes not to use them again.
Article 12 : Final provisions
12.1 ECO Platform reserves the right to modify the provisions of these Terms and Conditions at any time.
12.2 In case of modification of the present Terms and Conditions, the User will receive a notification and consent will be requested again.
12.3 In the event that one or more provisions of these Conditions should be determined to be null and void or non-binding by an arbitral tribunal or court having competent jurisdiction, the other provisions of these Conditions will continue to be effective. In such case, ECO Platform will replace the non-binding provisions with other provisions that are binding, in such a way that the intended economic result of the new provisions differs as little as possible from the intended economic result of the original provisions, taking into account the object and the purpose of these Conditions.
12.4 Belgian law shall govern these Terms and Conditions. All matters arising out of or relating to these Terms and Conditions shall be irrevocably submitted to the exclusive jurisdiction of the courts of Brussels, Belgium.