ZDHC Academy User Terms and Conditions

Annex 1 – ZDHC Privacy Policy

1. Introduction

The ZDHC Academy is provided by the Implementation Hub B.V. ("IHBV"), a wholly-owned subsidiary of the Stichting ZDHC Foundation ("ZDHC"). ZDHC is a not-for-profit organisation having its official seat in the municipality of Amsterdam (the Netherlands) that facilitates the ZDHC Roadmap to Zero Programme to advance towards zero discharge of hazardous chemicals in the textile, apparel and footwear (including leather) industries ("Industry") through the widespread implementation of sustainable chemistry, driving innovations and best practices in the Industry to protect consumers, workers and the environment.

To support ZDHC’s mission and vision and the delivery of the Roadmap to Zero Programme, ZDHC - and when applicable Partner Organisation - has developed a wide range of Training Materials organised and delivered by Training Providers. The aim of the Training is to provide knowledge and practical guidance to Training Participants for the implementation of ZDHC tools, guidelines and any and all other products and/or offerings that are aligned with ZDHC’s mission and vision. All Training is organised via this platform, the ZDHC Academy.

Please read these User Terms and Conditions ("Terms and Conditions") carefully. By using the ZDHC Academy you agree to the Terms and Conditions and to be bound by all the provisions stated herein.

Consent to Processing of Personal Data:
As far as Personal Data is provided in the course of registration or use of the ZDHC Academy


  1. IHBV declares that Personal Data will in principle be stored and processed within the European Union in accordance with Regulation (EU) 2016/679 on the protection of natural persons with regard to the processing of personal data and on the free movement of such data (GDPR). User declares having the full permission for the processing of the Personal Data from the Data Subject. On behalf of the Data Subject, User gives its explicit consent to the processing of the Personal Data. The consent may be withdrawn at any time which will not affect the lawfulness of the processing before the consent was withdrawn.

  2. In some cases Personal Data INCLUDING AND NOT LIMITED TONAME, EMAIL ADDRESS AND PHONE NUMBER may be transferred to a third-country jurisdiction outside of the European Union INCLUDING AND NOT LIMITED TO UNITED STATES, UNITED KINGDOM, AUSTRALIA and any other country having access to the ZDHC Academy.. The Personal Data is used in connection with the operation of the ZDHC Academy ,including but not limited to reviewing User’s application to a Training..
    However, the third-country jurisdiction the Personal Data is transferred to may not provide the same data protection standard as the GDPR does. This could mean in particular:

    • Storage, processing or sharing of Personal Data may not depend on Data Subject’s prior consent. Personal Data may be accessible for organisations or entities according to any applicable national laws.

    • Data Subject may not be informed about the transfer of Personal Data to additional receivers, the duration of storage or the purpose of storage and processing.

    • Data Subject may not claim deletion of Personal Data under the same conditions as within the European Union. In particular there may not be a ‘right to be forgotten’.


    In knowledge thereof and on behalf of the Data Subject, User gives its explicit consent to the transfer of the Personal Data. The consent may be withdrawn at any time which will not affect the lawfulness of the transfer before the consent was withdrawn.


For more details see the ZDHC Group Online Privacy Notice under the following link:
https://www.roadmaptozero.com/privacy-notice

2. Definitions

Data means electronic data and information submitted by or for User to the ZDHC Academy and/or collected and processed by and/or for User using the ZDHC Academy.

Data Subject means identified or identifiable natural person Personal Data is relating to.

Exam means the exam accessed by Training Participant on limited basis for the purpose of knowledge assessment.

Personal Data means Data within the meaning of Art. 4 (1) of Regulation (EU) 2016/679.

Partner Organisation means an external organisation endorsed by ZDHC to provide Training and which Training Materials are also endorsed by ZDHC. Partner Organisations are advertised via the ZDHC Academy and a link to the Partner Organisation’s course page may be provided on the ZDHC Academy when applicable.

Registration means the process by which Data, information and necessary approvals are collected from the User to provide User access to the ZDHC Academy.

Training means standardised training using Training Materials, delivered by and under the responsibility of Training Provider whether or not the training is organised via the ZDHC Academy.

Training Material(s) means standardised training material content and/or training curriculums and/or Exam, either provided or endorsed by ZDHC and to be used by the Training Provider to deliver Training.

Training Participant means an individual participant that attends Training.

Training Provider means any company, employee, contractor organisation or individual authorised to provide Training to Training Participants. ZDHC Approved Training Providers, Partner Organisations and ZDHC and/or any of its affiliates are authorised to provide Training.

User means any person or entity having registered for use of the ZDHC Academy and agreeing to these Terms and Conditions.

ZDHC Academy means online platform that is made available by IHBV and is used to organise and manage Training.

ZDHC Approved Training Provider means training provider approved to offer capacity-building and Training either in person, online or in a hybrid format by using Training materials and/or Training curriculums provided by the Implementation HUB, via the ZDHC Academy.

3. Access to ZDHC Academy

By Registration to ZDHC Academy the User is granted a revocable, non-exclusive, non-transferable, non-sub-licensable right to use the platform. The ZDHC Academy User-ID and Password necessary for logging into the ZDHC Academy shall be issued and assigned to the User by IHBV. The User-ID and Password issued to a User may be used by such User only. The User shall not disclose, lend or assign to any third party the User-ID and Password for logging into the ZDHC Academy. IHBV may suspend the use of ZDHC Academy by any User who is determined to be unsuitable, in particular for breaching these Terms and Conditions or otherwise impeding or disrupting any other User’s use of ZDHC Academy.

4. Provision and Use of Data

1. Agreement User agrees that Data provided to ZDHC Academy including but not limited to contact details, date and availability of Training, prices etc. will be made available to other Users for the purpose of organisation and delivery of Training. IHBV will impose the obligation on all Users to use the Data only for those purposes (see clause. 4.3).

2. Correctness of Data Responsibility for the accuracy of Data entered into ZDHC Academy lies solely with the User entering (or having entered) the Data. User understands that ZDHC or IHBV does not guarantee or verify that Data entered into ZDHC Academy are accurate or reliable and that, while all Users must agree to only enter accurate information into the ZDHC Academy, User understands and agrees that sole reliance upon the Data is at User’s own risk.

​​​​​​​3. Limitations User agrees not to use Data obtained from ZDHC Academy for other purposes than the organisation and delivery of Training. In particular, User shall not use Data for any purpose which is unlawful, prohibited by any applicable law or regulation or is inconsistent with the aims of ZDHC Academy or ZDHC.

5. Training and Training Material

All Training organised via the ZDHC Academy is based on Training Materials that are developed by ZDHC - and when applicable by Partner Organisation. In some cases, Training may be modified and/or supplemented by Training Providers.

When applicable, the delivery of Training is subject to a separate agreement between Training Participants and Training Providers.

User acknowledges that ZDHC and, where appropriate, Partner Organisation are the copyright owners of all Training Materials. The Training Material must not be used for any purpose other than the education and training of the Training Participant. In particular, the Training Material shall not be used to provide training or any other services related or similar to ZDHC Academy’s activities to any third party outside of the ZDHC Academy.

The official language of the Training Material is English.
If the Training Material is translated into a language other than English, ZDHC and IHBV do not accept any liability for the quality of the translation.

6. Exam and Certitifcate

Training Participants may receive access to the ZDHC Academy Exam after completing the Training.

Training Participants are not allowed to share the Exam questions with other Users and shall complete the Exam without help or assistance from any third party or tools.

When making use of the ZDHC Academy, Training Participants may receive a non-transferable certificate (hereinafter: "Certificate") which may be delivered after completion of the Exam. Training Participants may receive a Certificate if they pass the Exam.
Training Participant acknowledges that the score required as well as the number of attemps allowed to pass an Exam might vary from Exam to Exam.

Certificate may be printed or displayed on social media by a Training Participant provided that the Certificate has not expired according to the expiration date on the Certificate. Training Participants shall not use the Certificate in an unfair or misleading way.
IHBV unilaterally reserves the right to withdraw for any reason Certificate(s) to any Training Participant.

7. Maintenance and Support

IHBV will ensure regular and ongoing maintenance of the ZDHC Academy to correct bugs or other errors in the platform. Maintenance will be scheduled so as to cause as minimal interference with User usage as reasonably possible. During the maintenance, User may experience slowdowns or outages. Reasonable efforts will be made to complete maintenance within the designated maintenance window.

8. Modifications of the Platform

Modifications and enhancements of the ZDHC Academy such as enhancements of User’s interface/experience, functional enhancements, database modifications new features and other modifications may be implemented at the sole discretion of IHBV.

9. Disclaimer

The ZDHC Academy is provided "As is" without any warranty, and User’s use of the ZDHC Academy is solely at User’s own risk. IHBV does not warrant that the ZDHC Academy will meet User’s requirements or that the operation will be uninterrupted or error-free. To the fullest extent permissible under applicable law, IHBV disclaims all representations and warranties, express, implied, and statutory, concerning the ZDHC Academy or otherwise related to these Terms and Conditions.

10. Fees and Payment


  1. Fees When applicable IHBV will charge fees to Users as set out in the ZDHC Academy such price of the Training can be consulted upon signing up to the Training. The fees are due and payable in advance of participating in a Training.

  2. Fee Modifications IHBV reserves the right to modify its fees and charges, as well as introduce new charges.

  3. Payment User will pay the amounts set forth by IHBV on the ZDHC Academy. Fees are exclusive of taxes, levies, duties, governmental charges or expenses, including wire or bank expenses for payment. In addition to the Fees and expenses specified in these Terms and Conditions and the price list annexed, User is solely responsible for and will pay (or reimburse IHBV for) all withholding, value added and sales taxes due, except for taxes on IHBV’s income.

11. Limitation of Liability

Excluding damages arising from or out of gross negligence, willful misconduct or fraud, in no event shall IHBV’s liability exceed €50,000 (in words: fifty thousand euros). Excluding damages arising from or out of gross negligence, willful misconduct or fraud, to the fullest extent permissible under applicable law in no event shall IHBV be liable to anyone for any indirect, punitive, special, exemplary, incidental, or consequential damages of any type or kind (including loss of data, revenue, profits, use or other economic advantage) arising out of, or in any way connected with the ZDHC Academy, including but not limited to the use or inability to use the ZDHC Academy, or for any content obtained from or through the ZDHC Academy, or any interruption, inaccuracy, error or omission.

Any Training provided via the ZDHC Academy, by a ZDHC Approved Training Provider or a Partner Organisation or any other third party - such as assessors, trainers or consultants -, is the sole responsibility of that party. ZDHC or IHBV do not accept any liability for the activities of a ZDHC Approved Training Provider or a Partner Organisation or any other third party, including but not limited to the quality and/or content of the Training provided.

12. Additional Provisions


  1. Transfer of Operation IHBV reserves the right to transfer the operation in whole or in part of the ZDHC Academy including all rights, obligations and responsibilities arising from these Terms and Conditions related thereto at any time to any organisation/legal entity affiliated to IHBV which is either owned by IHBV entirely or majority owned by IHBV and either of its affiliates. User declares its agreement with such transfer. In such case, these Terms and Conditions shall apply in full.

  2. Governing Law and Jurisdiction The use of the ZDHC Academy shall be governed by Dutch Law, without regard to the choice or conflicts of law provisions of any jurisdiction, and any disputes, actions, claims or causes of action arising out of or in connection with the participation in the ZDHC Academy shall be subject to the exclusive jurisdiction of the courts located in the Netherlands.

  3. Dispute Resolution Any and all disputes arising of or in connection with the use of the ZDHC Academy are finally settled in accordance with the rules of the Netherlands Arbitration Institute, also in case more than two parties are involved in such dispute. The arbitral tribunal shall be composed of one arbitrator appointed in accordance with the said rules. The place of arbitration is Amsterdam and arbitration proceedings are to be conducted in the English language. The arbitral tribunal shall decide in accordance with the rules of law.

  4. Non-Waiver No waiver by either party of any breach or default of any covenant or agreement set forth in these Terms and Conditions shall be deemed a waiver as to any subsequent and/or similar breach or default.

  5. Severability In the event that, any of the provisions contained in these Terms and Conditions is held to be invalid, illegal, or unenforceable in any respect, such invalidity, illegality or unenforceability shall not affect any other provisions of these Terms and Conditions, and these Terms and Conditions shall be construed as if the invalid, illegal, or unenforceable provisions had never been contained in it.

  6. Entire Agreement These Terms and Conditions constitute the entire agreement and understanding between User and IHBV with respect to the subject matter hereof and supersedes all prior or contemporaneous agreements, any representations or communications with respect to accessing the ZDHC Academy.
    For avoidance of doubt the application of any terms and conditions other than the ones mentioned in these Terms and Conditions is hereby expressly excluded.

  7. Amendment The Terms and Conditions may be amended by IHBV and User will receive notification of such amendment. In order to access the ZDHC Academy, User will need to click “Agree” to the amended Terms and Conditions.

Annex A – Privacy Policy

Introduction

ZDHC Group1 ("ZDHC Group") is taking the opportunity to update its privacy policy2 for services to make it easier to understand what information and data3 ZDHC Group collects and why ("Policy"). For ‘personal data’ (see below) this policy takes into account requirements of the EU General Data Protection Regulation (known as GDPR) and as provided for in the ZDHC Group Online Privacy Notice under the following link:
https://www.roadmaptozero.com/privacy-notice. This policy is included as part of the applicable User Terms and Conditions relating to ZDHC Group Services and is shared on relevant web-based Services.

This Policy is for users of ZDHC Group web-based platforms, products and services including and not limited to the ZDHC Gateway, ZDHC Academy, ZDHC Intranet (Contributors only), Implementation HUB Supplier Platform including Supplier to Zero Platform, ZDHC Group event registration tool (together called Services) and is intended to clarify the following:

  1. the types of information collected by ZDHC Group

  2. how ZDHC Group uses, stores and processes collected information; and

  3. how individuals (for personal data) and organisations can have their information reviewed, updated, or removed.

About ZDHC Group

The ZDHC Group works to enable the textile, apparel, and footwear (including leather) industries (the ‘Industry’) to implement sustainable chemical management best practice across the value chain, with the vision of the widespread implementation of sustainable chemistry, driving innovations and best practices in the Industry to protect consumers, workers and the environment. ZDHC Group believes that, providing guidelines, platforms and solutions, fostering collaboration and driving joint implementation among Industry stakeholders across the value chain, leads to improved chemical management in the Industry, and ultimately improves the livelihoods of consumers and workers, and the environment. ZDHC Group also carries out activities to drive implementation in the Industry of sustainable chemicals management guidelines, platforms, solutions and processes by offering training, consulting, awareness raising and advisory services.

In connection with these activities, ZDHC Group collects and processes different kinds of information and data from a range of different stakeholders including ZDHC Contributors, third party organisations that have an official (approved) role within our systems and platforms, Industry partners, users of ZDHC platforms and individuals acting on behalf of these organisations.


  1. Types of Information Collected By ZDHC Group
    ZDHC Group collects the following four types of information (including data) ("Information").


    1. Personal Information
      Many of ZDHC Group Services require the user to sign up for an account. To create an account ZDHC Group may ask for personal Information such as name, email address, phone number.

    2. Organisational Information
      In the case where an individual signs up on behalf of an organisation (legal entity) such as a corporation, association or other organisation, ZDHC Group may ask for organisational information such as legal entity, place of business, registered address, address and contact details, bank and tax details etc.

    3. Operational Information
      Some of the Services provided by ZDHC Group relate to operational information such as general product information, test reports, and chemical management, sustainability and environmental information; users may be requested or required to upload such information.

    4. Meta Information
      While using ZDHC Group’s Services or viewing content provided by ZDHC Group, ZDHC Group will automatically collect and store certain information in server logs; ZDHC Group files information such as internet protocol (IP) addresses, browser type, internet service provider (ISP), referring/exit pages, platform type, date/time stamp or number of clicks.


  2. How Does ZDHC Group Use Information That Is Collected?
    In general, all information collected by ZDHC Group aims at and is limited to providing/maintaining/improving Services or developing new Services in connection with ZDHC Group goals and activities (see About ZDHC Group). In pursuing this objective ZDHC Group may use the different types of Information as set out below.


    1. Personal and Organisational Information
      Both personal Information and organisational information are used exclusively to grant access to ZDHC Group’s Services and to allocate any operations and/or transactions within these Services to a specific user. We always ask explicit consent, having given clear, transparent insight into what information will be used and how. For rights granted to data subjects in relation to personal data pursuant to GDPR please see the ZDHC Group Online Privacy Notice under the following link: https://www.roadmaptozero.com/privacy-notice

    2. Operational Information
      Operational Information is used only to provide Services that enable and support ZDHC Group to pursue its mission and vision (see About ZDHC Group). In this context, ZDHC Group may use operational information for benchmarking and statistical purposes. Operational information is only disclosed to third parties to the extent that the information provider has agreed in advance to such disclosure e.g. by explicitly accepting applicable user terms and conditions. In that case, ZDHC Group will impose the obligation on the third party (to whom the information is disclosed) to only use the information for purposes related to the goals and objectives of ZDHC Group and with full recognition of the data providers intellectual property rights.

    3. Meta Information
      Meta information is not linked to any identifiable information whether personal, organisational or operational. It is used exclusively to understand meta information and trends e.g. by producing statistical reports, monitoring Services and analysis.

      Meta information will not be used for purposes other than those set out above unless one of the following circumstances applies:


      • The data provider/subject provides its express consent.

      • External processing: ZDHC Group provides information to its affiliates or other trusted businesses or persons to process it, based on ZDHC Group’s instructions and in compliance with ZDHC Group Privacy Policy and any other appropriate confidentiality and security measures.

      • Legal reasons: ZDHC Group will share information with companies, organisations (including governmental authorities) or individuals outside ZDHC Group if ZDHC Group has a belief in good faith that access, use, preservation or disclosure of the information is reasonably necessary to meet any applicable law, regulation, legal process or enforceable governmental request, including outside of the EU. ZDHC Group would use meta Information to


        • enforce applicable user terms of service, including investigation of potential violations

        • detect, prevent or otherwise address fraud, security or technical issues

        • protect against harm to the rights, property or safety of ZDHC Group, the Services users of the Services or the public, as required or permitted by law.




  3. How Can Users Access, Review and Update Information That ZDHC Group Has Collected?

    ZDHC Group strives to enable users of Services who deliver proof of their identity and authorisation to access, review and update Information that has been provided by them quickly and effectively unless this infringes the fundamental operating principles or objectives behind the Services in question.


For personal data the data subject should refer to the procedures outlined in the ZDHC Group Online Privacy Notice under the following link:
https://www.roadmaptozero.com/privacy-notice

(1) ZDHC Group includes Stichting ZDHC Foundation, Implementation Hub B.V. and any other wholly or majority owned legal entities of either.

(2) This privacy policy covers a range of information and data types and including ‘personal data’ within the meaning of the EU General Data Protection Regulation.

(3) Throughout this policy ZDHC Group uses the words ‘information’ and ‘data’ interchangeably and to mean the same thing.