{"id":5339,"date":"2020-01-30T16:01:22","date_gmt":"2020-01-30T15:01:22","guid":{"rendered":"https:\/\/interreg-hr-ba-me.eu\/2014\/?page_id=5339"},"modified":"2020-01-30T16:01:23","modified_gmt":"2020-01-30T15:01:23","slug":"ems-terms-of-use","status":"publish","type":"page","link":"https:\/\/interreg-hr-ba-me.eu\/2014\/ems-terms-of-use\/","title":{"rendered":"eMS terms of use"},"content":{"rendered":"\n<h2>1 Subject matter and scope<\/h2>\n\n\n\n<p>1.1 The electronic Monitoring\nSystem (eMS) is provided for applicants, beneficiaries and Programme bodies to\nallow them to create, prepare, revise and submit online forms (applications and\nrequest for modification form, reports and payment claims and final reports).<\/p>\n\n\n\n<p>1.2 These terms of use govern\nthe relation between:<\/p>\n\n\n\n<ul><li>the Ministry of\nRegional Development and EU Funds of the Republic of Croatia as the Managing\nAuthority and Joint Secretariat of the Interreg IPA Cross-border Cooperation\nProgramme Croatia-Bosnia and Herzegovina-Montenegro 2014-2020; and<\/li><li>institutions\/bodies\nacting as applicants in project proposals and beneficiaries in approved and\ncontracted projects (including lead applicants and lead beneficiaries);<\/li><li>other Programme\nbodies, such as members of the Joint Monitoring Committee, National\nAuthorities, National Control Bodies and national controllers, Certifying\nAuthority, Audit Authority, members of the Group of Auditors in relation to\ntheir access to and use of the eMS and other actors involved in the Programme\nimplementation (e.g. external service providers);<\/li><li>relevant\nProgramme committees (Joint Steering Committee, Task Force, etc.).<\/li><\/ul>\n\n\n\n<p>1.3 Requesting access to the\neMS, accessing the eMS or using the eMS signifies unconditional acceptance of\nthese Terms.<\/p>\n\n\n\n<p><\/p>\n\n\n\n<h2>2 Access to the eMS <\/h2>\n\n\n\n<p>2.1&nbsp; Users and organisations<\/p>\n\n\n\n<p>Access to the eMS is open to\nnatural persons with a valid email address. Access rights to certain\ninformation and functions in the eMS are restricted to users with specific\nroles in relation to particular proposals or projects. Project applicants and\nproject partners\u2019 organisations shall access the eMS only via users employed by\nor representing them. If a user leaves the organisation or is no longer\nrepresenting the organisation, the account of this person shall be closed and a\nnew one shall be created if needed. It is the responsibility of the\norganisation to timely inform the MA\/JS of such change or any substantial\nchange and request in writing that the account is closed.<\/p>\n\n\n\n<p>2.2&nbsp; Means of access<\/p>\n\n\n\n<p>Users access the eMS with\ntheir email address and a password provided by the system and encrypted into\nit. Users guarantee that the information provided for registration of their\naccount is accurate, updated and that the email address provided is a valid\npersonal email address. It is also the responsibility of users to make sure\nthat they receive the emails automatically sent by the eMS system. The MA\/JS\nhas &#8211; at any time &#8211; the right to verify the validity of the information. If\nthis reveals any inaccuracy or invalidity, the eMS administrator has the right\nto close the account or suspend, refuse or reset access.<\/p>\n\n\n\n<p>The means of access (i.e. the\nemail address and password) are strictly personal and users are responsible for\nsafeguarding their confidentiality and security, and ensuring their appropriate\nuse. Users undertake to take all steps to prevent any unauthorized third party\nfrom gaining knowledge and making use of their means of access. They may not\ntransfer or sell their means of access to any third party. Users must notify the\nMA\/JS immediately of the loss, theft, breach of confidentiality or any risk of\nmisuse of the means of access. If the MA\/JS has any reason to suspect that the\nconfidentiality or security of the means of access has been breached or that\nthe eMS is being misused, it may &#8211; without prior notice &#8211; suspend or refuse\naccess.<\/p>\n\n\n\n<p>The lead applicants and lead\npartners shall only grant access rights (\u2018read\u2019 and\/or \u2018write\u2019) to natural\npersons which are employed or represent project applicants or project partners\nin relation to the specific&nbsp; project(s).<\/p>\n\n\n\n<p>The MA\/JS\/JSC\/external\nassessors (except the administrators) have \u2018read only\u2019 access to the data\nsubmitted with project proposal in the eMS by the project applicants. The\nadministrators and the developers have read and write access, but shall not\nwrite, modify or submit data on behalf of the project applicants. <\/p>\n\n\n\n<p>All Programme bodies have\n\u2018read only\u2019 access to contracted projects and all data submitted related to the\nproject (e.g. supplementary information, progress reports, etc.). The\nadministrators and the developers have read and write access, but shall not\nwrite, modify or submit data on behalf of the project partners, unless it is\nrequested by the lead partner in exceptional cases.<\/p>\n\n\n\n<p><\/p>\n\n\n\n\n\n<h2>3 Using the eMS <\/h2>\n\n\n\n<p>3.1&nbsp; General<\/p>\n\n\n\n<p>Users shall use the eMS in accordance\nwith these Terms of Use, in a responsible manner, and exclusively for their\nprofessional purposes and without breach of the rights of third parties.<\/p>\n\n\n\n<p>Users are fully and\nunconditionally responsible for any use of the eMS (including misuse of their\nmeans of access), and for any detrimental consequences that may arise directly\nor indirectly therefrom.<\/p>\n\n\n\n<p>Organisations acknowledge and\naccept that they are responsible for the actions and omissions of users\nemployed by or representing them.<\/p>\n\n\n\n<p>The system keeps track of\naccess to and use of the eMS.<\/p>\n\n\n\n<p>3.2&nbsp; Required hardware, software and services<\/p>\n\n\n\n<p>Users acknowledge and agree\nthat they are responsible for the choice, purchase and operation of any\nhardware, software or telecommunication services required to connect with and\nto use the eMS. The MA\/JS is not liable\nfor hardware, software, products and services of third parties, such as\ntelecommunication equipment, internet connections, operating systems and\ninternet browsers.<\/p>\n\n\n\n<p>3.3&nbsp; eMS availability<\/p>\n\n\n\n<p>The MA\/JS does not guarantee\nthat the eMS will be available without interruption or degradation of service\nat all times.<\/p>\n\n\n\n<p>However, the MA\/JS will, to\nthe best of its abilities, take reasonable care to ensure the availability of\nthe eMS. In case of planned interruptions for maintenance purpose, the users\nwill be warned through a message posted to them.<\/p>\n\n\n\n<p>The MA\/JS is not liable for\nany damage suffered in connection with the suspension or refusal of access.<\/p>\n\n\n\n<p>It is the responsibility of\nthe lead applicant to submit their application by the deadline indicated on the\nProgramme website. The MA\/JS cannot accept applications which fail to meet the\ndeadline. It is advisable not to wait until the last minute before submitting\nthe Application in the eMS, in case of exceptional web traffic or technical\nfailure.<\/p>\n\n\n\n<p><\/p>\n\n\n\n<h2>4 Personal data protection<\/h2>\n\n\n\n<p>4.1 The personal data\ncollected through the eMS by the MA\/JS and other Programme bodies are:<\/p>\n\n\n\n<ul><li>Name and email\naddress for users requesting access to the eMS;<\/li><li>Name,\ndepartment\/unit\/division (if applicable), organisation address, professional\nphone numbers (office number and optionally mobile number) and email address,\nfor legal representative and contact person(s) of each applicant\/beneficiary;<\/li><li>Name, position, department,\ninstitution, organisation address, phone numbers (office number and optionally\nmobile number) and email address of the appointed national controllers;<\/li><li>Other data within\nsupplementary information and progress report supporting documents.<\/li><\/ul>\n\n\n\n<p>4.2 The collected data are\nprocessed for the purpose of providing access to the eMS system, assessing\napplications, awarding funds to selected projects, as well as implementing,\nmanaging, monitoring and evaluating the projects, protecting the financial\ninterests of the EU (notably for verifications and audits) and for communicating\non the Interreg IPA Cross-border Cooperation Programme Croatia-Bosnia and\nHerzegovina-Montenegro 2014-2020 and its actions (projects and other\ncapitalisation purposes).<\/p>\n\n\n\n<p>4.3\nThe MA\/JS is entitled to use personal data, which are contained in the\nApplication and all other project information and which are required by the\nauthorised representatives of the following bodies and authorities: national\ncontrol bodies, bodies and authorities involved in audits carried out for the Programme,\nEuropean Commission, auditing bodies of the European Union and the\nParticipating countries participating in the Programme, or any other institution responsible for conducting\naudits or controls according to European Union\u00b4s or national laws. In addition,\nthe MA is entitled to use such data and to share them with other programmes in\norder to implement their tasks linked to European anti-corruption policy and to\nmake such data available to bodies and authorities for evaluation and\nmonitoring purposes.<\/p>\n\n\n\n<p>4.4\nIn accordance with Annex XII of Regulation (EU) No 1303\/2013, the Managing\nAuthority is authorized to publish, in whatever form and on or by whatever\nmedium the following information:<\/p>\n\n\n\n<p>a) project title, acronym and ID; <\/p>\n\n\n\n<p>b) the\nname of the Lead Beneficiary and the Project Partners;<\/p>\n\n\n\n<p>c) project\nsummary, including the objectives, activities, outputs and results;<\/p>\n\n\n\n<p>d) project\nstart and end date; <\/p>\n\n\n\n<p>e) the\ntotal budget and EU co-financing;<\/p>\n\n\n\n<p>f) EU\nco-financing rate;<\/p>\n\n\n\n<p>g) the\ngeographical location of the project;<\/p>\n\n\n\n<p>h) project\ninformation and communication materials;<\/p>\n\n\n\n<p>i) name\nof the category intervention for the project;<\/p>\n\n\n\n<p>j) any\nother relevant information about the project.<\/p>\n\n\n\n<p>The MA\/JS are entitled to\nfurthermore use these data for information and communication purposes in line\nwith relevant provisions of the relevant regulations.<\/p>\n\n\n\n<p>4.5\nData included in the eMS will be kept in the eMS until 31 December 2027 for auditing and communication\npurposes. They may be archived outside of the eMS for a longer period for\nstatistical and historical purpose. Any personal data collected in the eMS will\nbe processed in accordance with the General Data Protection Regulation (GDPR)\n(EU) 2016\/679.<\/p>\n\n\n\n<p>4.6Applicants and beneficiaries are authorised by the MA\/JS to\ncollect and processpersonal data\nrequired in the online forms (e.g. application, progress reports, etc.),\nprovided that they have informed the personnel whose personal data are\ncollected and processed about the conditions of collection and process of those\ndata according to the eMS terms of use (by providing them with a copy of these terms\nof use) before transmitting those data to the MA\/JS through the eMS.<\/p>\n\n\n\n<p>4.7\nThe persons whose personal data are processed have the right to access and\ncorrect their own personal data. For this purpose, they must send any queries\nabout processing of their personal data to the MA\/JS by sending an email to the\ne-mail address of the MA\/JS.<\/p>\n\n\n\n<p><\/p>\n\n\n\n<h2>5 Liability of the MA\/JS<\/h2>\n\n\n\n<p>5.1\nThe MA\/JS shall not be liable for any direct or indirect damage of any kind\nexcept in the event of willful misconduct.<\/p>\n\n\n\n<p>5.2\nThe MA\/JS are not liable for any damage in case of force majeure, external\ncause or any other events which are not under the reasonable control of the\nMA\/JS.<\/p>\n\n\n\n<p><\/p>\n\n\n\n<h2>6 Changes to the terms of use<\/h2>\n\n\n\n<p>6.1\nThe MA\/JS may, at any time, vary, add to or delete any provision of these Terms\nof Use.<\/p>\n\n\n\n<p>6.2\nUsers and their organisations acknowledge and agree that such new terms of use\ncan be notified by the MA\/JS via notice on the Programme web page. Unless\notherwise stated in the notice, the new Terms of Use shall apply from date on\nwhich the notice was published on the &nbsp;Programme\nweb page.<\/p>\n\n\n\n<p>6.3\nUsers and their organisations acknowledge and agree that any modification to\nthe terms of use shall be deemed accepted by them as from the first time they\naccess or use the eMS after the date of entry into force of the new terms of\nuse.<\/p>\n\n\n\n<p><\/p>\n\n\n\n<h2>7\u00a0\u00a0 Applicable law and dispute settlement<\/h2>\n\n\n\n<p>7.1\nThese Terms of Use are governed by Croatian law. In case of disputes arising\nout of or in connection with these Terms of Use, the Parties agree to find an\namicable and mutually acceptable solution. In the absence of amicable\nsettlement, the administrative Court of the Republic of Croatia shall have\nexclusive jurisdiction.<\/p>\n","protected":false},"excerpt":{"rendered":"<p>1 Subject matter and scope 1.1 The electronic Monitoring System (eMS) is provided for applicants, beneficiaries and Programme bodies to allow them to create, prepare, revise and submit online forms &#8230; <a title=\"eMS terms of use\" class=\"read-more\" href=\"https:\/\/interreg-hr-ba-me.eu\/2014\/ems-terms-of-use\/\" aria-label=\"More on eMS terms of use\">Read more<\/a><\/p>\n","protected":false},"author":13,"featured_media":4313,"parent":0,"menu_order":0,"comment_status":"closed","ping_status":"closed","template":"","meta":[],"_links":{"self":[{"href":"https:\/\/interreg-hr-ba-me.eu\/2014\/wp-json\/wp\/v2\/pages\/5339"}],"collection":[{"href":"https:\/\/interreg-hr-ba-me.eu\/2014\/wp-json\/wp\/v2\/pages"}],"about":[{"href":"https:\/\/interreg-hr-ba-me.eu\/2014\/wp-json\/wp\/v2\/types\/page"}],"author":[{"embeddable":true,"href":"https:\/\/interreg-hr-ba-me.eu\/2014\/wp-json\/wp\/v2\/users\/13"}],"replies":[{"embeddable":true,"href":"https:\/\/interreg-hr-ba-me.eu\/2014\/wp-json\/wp\/v2\/comments?post=5339"}],"version-history":[{"count":0,"href":"https:\/\/interreg-hr-ba-me.eu\/2014\/wp-json\/wp\/v2\/pages\/5339\/revisions"}],"wp:featuredmedia":[{"embeddable":true,"href":"https:\/\/interreg-hr-ba-me.eu\/2014\/wp-json\/wp\/v2\/media\/4313"}],"wp:attachment":[{"href":"https:\/\/interreg-hr-ba-me.eu\/2014\/wp-json\/wp\/v2\/media?parent=5339"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}