SURVEY PRIVACY AND DATA PROTECTION POLICY

• Cascale is committed to protecting supplier anonymity and securely storing information related to buyer ratings. Cascale has prepared this document to ensure that suppliers are fully informed when making the decision to rate their buyers. This document outlines benefits suppliers may receive as a result of rating their buyers and describes how we protect the information suppliers share when rating buyers.

• What is Cascale and how does it benefit a supplier?

  Cascale reimagines supply chain sustainability, leveraging data to strengthen supplier-buyer relationships and improve purchasing practices that drive profitability while protecting workers and the environment. Cascale’s programs provide retailers, brands, suppliers, and industry with data-driven insights to help drive lasting improvements in global purchasing practices. Our activities fall into three main areas: conducting independent research; operating a ratings and evaluation platform that provides buyers and the public with information about buyer purchasing practices; and conducting projects and training on supply chain industry practices to support innovation and promote change. Through extensive research, Cascale has determined that improved purchasing practices can support supplier business success and allow suppliers to improve factory working conditions and environmental performance. The relationship between retailer and brand purchasing practices and workplace conditions are highly and significantly correlated.

  Cascale’s secure cloud-based platform gives suppliers the ability to safely and anonymously rate their customers (e.g., brands, retailers, and intermediaries) on seven aspects of purchasing practices – planning and forecasting, design and development, cost and cost negotiation, sourcing and order placement, management of the purchasing process, payment and terms, and win-win sustainable partnership. A series of required questions allows suppliers to fully and fairly assess key measures across the full business relationship with their customers. Additionally, suppliers are given an opportunity to provide descriptive feedback and suggestions for ways the rated retailer or brand can improve, as well as to share their customer’s best practices. Ratings and descriptive feedback provide a holistic understanding of current practices and facilitate guidance to resolve issues and share best practices within the industry.

  Cascale ratings cycles are conducted annually. At the close of a ratings cycle, all ratings are aggregated and used to develop an industry benchmark and reports about purchasing practices used globally. Ratings for a single brand/retailer or other type of customer are aggregated and turned into an overall Cascale score in addition to scores for each of the seven categories. A minimum of five supplier ratings of a single brand/retailer are required for Cascale to analyze the data for a brand/retailer and develop scores. The scores are then made available to the brands/retailers that have been rated. Brands and retailers subscribing to Cascale (subscribers) receive a question-by-question report with charts and figures highlighting their aggregated performance compared against the industry benchmark. Cascale provides targeted recommendations so subscribers can improve their practices and partner with suppliers to make progress toward achieving financial, social, and environmental sustainability for the entire supply chain.

  There is no fee for suppliers to use the ratings platform. Information required to answer the rating questions is already typically maintained by suppliers.

  There are several benefits for suppliers who rate their buyers using the Cascale system.

  • An effective way to communicate about problematic purchasing practices.
    Independent external evaluation revealed that Cascale is a more effective tool for communicating problems with purchasing practices than anything else currently available, including supplier forums and surveys initiated by buyers. Suppliers can safely and honestly report information since anonymity is protected.

  • Measures the effectiveness of buyer efforts to improve over time. Rating information provided by suppliers helps retailers and brands understand which purchasing practices are working well and which will require further examination and efforts to improve. Given that poor purchasing practices impact buyer-supplier relationships, as well as the business and sustainability goals of both parties, retailers and brands will be compelled to improve their ratings and adopt best practices. Cascale has already received positive feedback from brands and retailers who previously engaged with the platform. Based on Cascale reports, these brands and retailers conduct internal discussions involving top management to develop plans for reforming their purchasing practices toward supply chain sustainability. Many of our recent reports demonstrate the year-over-year improvements in purchasing practices of brands and retailers who have engaged with Cascale over multiple cycles. However, continuous engagement with Cascale is critical for both buyers and suppliers to ensure ongoing efforts toward improvement. Without supplier-driven ratings, buyers may avoid accountability and continue business as usual. Alternatively, buyers may implement solutions that simply do not work.

  • Contribute suggestions for how retailers and brands can improve. Increasingly, suppliers are making constructive suggestions for how their customers can address poor purchasing practices. This opportunity is available in the open-ended comment sections for each of the seven categories of purchasing practices. Brands and retailers are very interested in receiving this type of feedback; thus, suppliers are given a “seat at the table” in shaping how purchasing practices are changed for mutual benefit.

• What do suppliers need to do to participate in Cascale?
  The first step is to register as a supplier on the Cascale platform. The registration process asks a few basic questions about the supplier’s business that are used by Cascale to describe the suppliers who have rated buyers. The profiles of suppliers who have rated will always be based on aggregate data from a minimum of five ratings so as not to reveal the identity of any single supplier.

  As part of the registration process, each company will identify a “Super Admin” who maintains records with Cascale and who submits the annual ratings of brands and retailers. Suppliers will also be able to identify three additional users with varying levels of responsibility and access to the ratings platform.

  As part of the registration process, the Super Admin will be asked to acknowledge receipt of this Survey Privacy and Data Protection Policy.

  After completing the registration form, users are emailed log-in credentials and can begin rating buyers. Once registered into the Cascale platform, the supplier can use the same credentials to access their account and rate their buyers every time a new ratings cycle begins.

  When creating a new rating, suppliers are required to upload a document that demonstrates they had a business relationship during the last 12 months with the buyer that is being rated. Cascale select staff reviews these documents and the data from each rating, and may contact suppliers through the Cascale platform to verify certain responses if questions arise about the accuracy of the information provided.

• What does Cascale do (and not do) with the information provided by suppliers?
  All the information a supplier provides to Cascale is considered confidential. Only information that helps facilitate buyers’ efforts toward improvements of purchasing practices is shared and only anonymously. Cascale uses the information suppliers provide to educate the industry and subscribing companies and encourage broad transformation of buyer purchasing practices so that relationships between buyers and suppliers support financial, social, and environmental sustainability. Analytical reports and presentations using the data are made publicly available in various forums aimed at industry, academics, civil society, investors, the public, and other interested parties. Reporting utilizes a sufficient level of aggregation to mask the identity of any individual supplier company that has submitted a rating and every brand/retailer that is rated.

  Company-specific reports made available to buyers subscribing with us use combined data from all suppliers submitting ratings and provide recommendations for improvement. Subscribing brands and retailers rated by a minimum of five suppliers will be able to access their suppliers’ descriptive comments, including information on best practices and suggestions for how to improve. Brands and retailers will not be able to identify which suppliers made the comments unless you reveal this in your comments. As a result, Cascale advises suppliers not to provide any identifying information in the open-ended comments sections to maintain anonymity.

  Please note that while select Cascale staff have access to the names of supplier companies that participate, company names are never shared with any external audience, including buyers.

  The confidentiality obligations will not apply to information that: (i) is or becomes publicly available through no breach by Cascale; (ii) were lawfully in Cascale’s possession prior to disclosure by User without any obligation of confidentiality; (iii) are rightfully disclosed to Cascale by a third party without restrictions on disclosure; or (iv) are independently developed by Cascale without reference to or use of User’s confidential information.

  If Cascale is required by law, regulation, or governmental order to disclose User’s confidential information, it shall provide User with reasonable advance notice (to the extent legally permitted) to allow User to seek a protective order or other appropriate remedy. Cascale shall disclose only the portion of confidential information legally required and shall use reasonable efforts to assist User, at User’s expense, in obtaining protective measures to safeguard the confidentiality of the disclosed information.

• How does Cascale protect the information suppliers provide?
  Cascale takes a range of special precautions to maintain supplier privacy and protect the information that is provided on the ratings platform. These include hardware and software security provided by our platform host, Fair Factories Clearinghouse (FFC), and standard operating procedures that limit access to sensitive data. As a result, the ratings platform and the data contained in it are secure. Additional steps that may be possible to take to avoid security breaches are under regular review.

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  Hardware Security

  Datacenter security: The Cascale application is housed in an FFC technical infrastructure managed by SunGard Availability Services (SunGard) and hosted in an Amazon Web Services (AWS) data center located in the European Union (Ireland). SunGard and AWS certifications can be shared upon request. All the AWS Datacenters are secured facilities equipped with redundant power supplies and backup generators. The on-site staff is available to manage any hardware issues that might arise. More information regarding SunGard and AWS can be obtained at www.SunGardas.com and aws.amazon.comrespectively.
  ● Server hardware is managed and monitored 24/7 by the AWS team and all of the servers are configured for high availability and maximum redundancy. They inform the SunGard and FFC teams if there is an issue and when it will be fixed.
  ● This service provides > 99% uptime.
  ● The production web servers are on load balancing and are always available. Users are given a minimum of one week’s notice for scheduled network downtime for upgrades, maintenance etc. All scheduled maintenance is performed on Saturdays in Eastern Time Zone.

  Firewall security: FFC servers are behind redundant firewalls which have very strict rules about allowing only selected connections into the servers. Some of the servers are completely unreachable from the internet without a secure VPN (Virtual Private Network) connection. This VPN access is given only to selected senior FFC employees.

  Monitoring: SunGard manages and monitors the FFC network. FFC and SunGard use several tools provided by AWS for performance monitoring, event monitoring, bandwidth use/bottlenecks, alerts, logs etc. Details can be provided if requested.

  Server and Database Backups: All database transaction logs are backed up every 2 hours. All databases are backed up daily. In the case of accidental data loss, data can be successfully recovered for up to a month from any day. FFC can provide the formal database backup schedule if requested.

  Threat Management: The FFC infrastructure is continuously monitored (24/7) by AWS and SunGard utilizing a threat detection service (GuardDuty) that uses machine learning, anomaly detection, and integrated threat intelligence to identify and prioritize potential threats. This includes but is not limited to the detection of compromised credentials behavior, unusual and unauthorized data access attempts, and calls from malicious IPs. The SunGard / AWS team will take immediate action to respond to the threats and will alert the FFC Team as to any further actions required.

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  Software Security

  Secured Socket Layer (SSL) Protocol: The Cascale Web application is accessed via HTTPS, a combination of HTTP and SSL/TLS protocols to encrypt communication between the end user’s computer and Cascale application on FFC server thus preventing hacking of this communication channel.

  Roles Manager: The entire Cascale application is based on Roles based Security System which allows the Cascale Super User Administrators (SUAs) to create roles according to tasks and detailed permissions. SUAs can assign roles to logins/users thus allowing users to perform their tasks with ease and with only necessary access to functions/pages in the application. The name of suppliers has been substituted with a Supplier ID number in most pages of the application and only select Cascale staff can access information about which supplier submitted a rating.

  URL spoof prevention: FFC is a web-based application. Sometimes, if someone obtains valid login credentials, robots are used to spoof (change) URLs to access parts of web applications where users do not have rights–thus either able to download or upload data where the users are not allowed. FFC has blocked such capability on the server and the user will encounter a “No access” page.

  Captcha image: To avoid invalid users from accessing the platform, if a user inserts a wrong username and password combination 3 times in a row, the user is asked to enter a valid response from a Captcha image to make sure a robot/automated application is not trying to hack into the application. Sophisticated hacking tools include automated applications (bots) to access applications. These applications guess passwords of a user until they are successful. The Captcha image helps eliminate this threat too.

  Password security: Cascale mandates each user to use complicated passwords (a combination of upper case, lower case, number, and symbol to make it as difficult as possible for others to guess passwords).

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  Standard Operating Procedures

  In addition to the restricted access to supplier company names and ratings discussed under the Roles Manager portion of software security, the rating a specific supplier gives to a buyer is only visible to the supplier submitting the rating (and without the supplier company name shown on those pages) and select Cascale staff.

  Multiple supplier ratings are averaged so that buyers cannot identify which specific suppliers rated them. Only buyers who have five or more ratings will receive a Cascale rating and related reports that draw on aggregated data.

• What are the risks of rating buyers with Cascale?
  There may be situations where contractual nondisclosure agreements buyers have with suppliers would prohibit disclosure of certain information that is necessary to submit a Cascale rating. However, Cascale will not disclose any information about suppliers that have rated unless required to by legal action. Suppliers are encouraged to weigh the benefits and risks associated with rating buyers and seek legal counsel if appropriate.

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  RULES OF CONDUCT AND TERMS OF USE

• Any individual given access (“User”) to Cascale’s Software and/or Database (collectively the “Platform”) must abide by the following Rules of Conduct and Terms of Use (the “Rules”).

  Please read the Rules carefully before you start to use the Platform. By using the Platform or by clicking to accept or agree to the Rules when this option is made available to you, you accept and agree to be bound and abide by these Rules. If you do not want to agree to these Rules, you must not access or use the Platform.

  The Platform is offered and available to users who are 18 years of age or older. By using the Platform, you represent and warrant that you are of legal age to form a binding contract with Cascale and meet all of the foregoing eligibility requirements. If you do not meet all of these requirements, you must not access or use the Platform.

  Cascale generally does not pre-screen, monitor or edit the content posted by Users of the Platform. However, Cascale and its representatives or agents have the right, at their sole discretion, to remove any content that, in Cascale’s sole judgment, does not comply with the Rules or is otherwise harmful, objectionable or inaccurate. Cascale is not responsible for any failure or delay in removing such content. Moreover, if any User violates the Rules, to be determined by Cascale at its sole discretion, Cascale will terminate their account and right to use the Platform. The Rules are:
  1. Purpose of Access. User will have access to the Platform for the sole purpose of anonymously rating its customers.

  2. Restrictions on Use.

  2.1. User may not input, upload, post, transmit or otherwise distribute via the Platform any content or data that is obscene, defamatory, libelous, slanderous, violative of any person’s rights of privacy, publicity or personality, or that otherwise causes or results in any tort, injury, damage or harm to any person.

  2.2. User will use the Platform only for lawful purposes, and may not violate any local, state, national or international law or regulation, including but not limited to those related to obscenity, privacy, information security, antitrust and export control.

  2.3. User will not use the messaging functionality to send unsolicited, unauthorized commercial or illegal advertising or other material.

  2.4. User will not modify, sell, market, transfer, assign, convey, grant, rent, lease, license, sublicense, publish, distribute, disclose, display, or otherwise make available for third parties, or use or exploit the Platform or information available on the Platform, in whole or in part, without Cascale’s prior written consent, which it may withhold in its sole discretion. User will not disclose the information on the Platform to any third party without the prior written consent of Cascale, which it may withhold in its sole discretion, and if so disclosed, User may disclose only the information in its entirety without modification in a manner that is accurate, fair and not misleading.

  3. Use of Information Accessed on Platform.

  3.1. User will use information accessed in the Platform solely and exclusively to rate their customers as related to purchasing practices.

  3.2. User will treat all information in the Platform as confidential and will not disclose it to unauthorized parties.

  3.3. User will, individually and independently assess the information gathered in the Platform and will decide, in his/her sole discretion, how he/she will use the data, including what action, if any, he/she will take with respect to the information. User shall manage, maintain and take action regarding any relationships with its customers as he/she deems fit, in his/her sole discretion.

  4. Security.

  4.1. User will not disclose to others his/her user IDs or personal passwords that give access to the Platform.

  4.2. User will not enable or permit unauthorized third-party access to the Platform.

  4.3. User will not knowingly introduce viruses or other harmful programs or files and will exercise reasonable care to avoid doing so.

  4.4. User will not, directly or indirectly, reverse engineer, decompile, disassemble or otherwise attempt to discover the source code or underlying ideas or algorithms of the Platform.

  5. Sharing on the Platform.

  5.1. User shall use his/her best efforts to ensure that content posted in the sharing module of the Platform is accurate and current as of the stated date of the content. User agrees that, where making any redactions or other changes in documents prior to posting on the platform, it has also taken reasonable efforts to ensure redaction of information does not materially distort or misrepresent findings from an audit or corrective action plan.

  5.2. User acknowledges that access to any content through the shared section of the Platform is granted on condition that the Cascale subscriber and other users providing the content shall have no liability for unintended inaccuracies, errors or omissions.

  5.3. Sharing content on the Platform is voluntary, i.e., User has the sole discretion whether to share content, such as its audit or corrective action information, on the Platform. User is encouraged to share audit and remediation information with others only via the platform.

  5.4. User acknowledges that all Cascale members and other users must access all shared information on the Platform equally. Where joint audit or remedial activity is actively underway, members may only share their audit or CAPs for this purpose with the member participating in this joint activity.

  5.5. Prior to transmitting or posting content on the sharing module of the Platform, User has ensured he/she has redacted any information that is considered company confidential, potentially harmful to workers, or subject to legal restrictions such as antitrust-competition laws.

  5.6. As with all areas and content on the Platform, User agrees that his/her use of information in the sharing module of the Platform is in accordance with the Rules and is solely focused on the oversight of factory code of conduct efforts as related to workplace standards. User agrees that he/she will, in his/her sole discretion, decide how he/she will use the information posted in the sharing module of the Platform, including any action, if any, he/she will take with respect to any findings and the member’s relationship with its manufacturing partners.

  5.7. User will not delete, amend or otherwise corrupt the data of other users without their explicit permission.

  5.8. User will use the message functionality in sharing module of the Platform to notify the owner of any document should he/she identify any information that is shared that could be considered confidential, potentially harmful to workers, or subject to legal restrictions. Owner shall take immediate action to consult with legal counsel regarding the removal of such information from the platform and immediately remove such information where necessary.

  6. Intellectual Property.

  6.1. The Platform and its entire contents, features, and functionality (including but not limited to all information, software, text, displays, images, video, and audio, and the design, selection, and arrangement thereof) are owned by Cascale, its licensors, or other providers of such material and are protected by United States and international copyright, trademark, patent, trade secret, and other intellectual property or proprietary rights laws. User acknowledges and agrees that the Platform and the survey contains intellectual property of Cascale and that the Platform and the intellectual property therein are proprietary, trademarked, patented, patent-pending, and/or copyrighted, and are licensed subject to the license and usage restrictions set forth in these Rules. Cascale and its licensors own and shall retain all right, title, and interest in the Platform and the survey, including intellectual property rights and any new versions and revisions thereof.

  6.2. The Cascale name, the Cascale Square Design Logo, Better Buying, Better Buying Partnership Index, Better Buying Purchasing Practices Index, and all other related names, logos, product and service names, designs, and slogans are trademarks of Cascale. User must not use such marks without the prior written permission of Cascale. All other names, logos, product and service names, designs, and slogans on the Platform are the trademarks of their respective owners.

  6.3. Each party shall retain exclusive ownership of all intellectual property rights (i) owned or controlled by it prior to the Effective Date or (ii) created, conceived, developed, reduced to practice, or acquired (other than from the other party) by such party and/or its Representatives since the Effective Date without incorporating or relying on the intellectual property rights or confidential information of the other party.

  6.4. If User sends, transmits, or otherwise provides any communications or materials to Cascale, suggesting or recommending changes to the Platform or the survey, including without limitation, new features or functionality relating thereto, or any comments, questions, suggestions, or the like (collectively, the “Feedback”), Cascale is free to use such Feedback irrespective of any other obligation or limitation between the parties governing such feedback. User hereby assigns to Cascale all right, title, and interest in, and Cascale is free to use, without any attribution or compensation to any party, any ideas, know-how, concepts, techniques, or other intellectual property rights contained in the Feedback, for any purpose whatsoever, although Cascale is not required to use any Feedback.

  6.5. User acknowledges and agrees that Cascale may download, aggregate, analyze, use, copy, reproduce, distribute, display, transmit, translate, publish, and prepare derivative works of information provided by User through the Platform, including without limitation User’s confidential information and any intellectual property rights therein, as follows:

   (a) to provide, support and improve Cascale’s products and services, including without limitation (a) operating ratings, surveys, and other evaluation systems, (b) providing ratings, reports, and analyses to subscribers and other parties regarding purchasing practices, (c) contacting and inviting any supplier to participate in the surveys, ratings and other evaluation programs and systems operated or managed by Cascale regarding a subscriber’s purchasing practices; and (d) sharing any rating, score, analysis or report regarding a subscriber or any of its affiliates that contains, reflects or is derived from or incorporates any information or data submitted by User or any other supplier with such subscriber or any other supplier, provided that any data or information disclosed to the subscriber any other supplier (other than User) shall be aggregated, anonymized, or otherwise presented in a manner such that it is no longer identifiable as relating to any individual supplier;

   (b) to collect and analyze data about subscribers and their affiliates from suppliers and industry participants, with the right to share findings publicly or with suppliers, including any rating, score, analysis or report that contains, reflects or is derived from or incorporates any confidential information in carrying out any of the permitted uses set forth in this Section 6.5., to support improvements in industry practices, and otherwise to research and publish industry data and trends, and generate industry insights, and to otherwise carry out industry association activities, including without limitation the following types of activities: advocacy and policy; verification program management; training; accreditation; standards and assessment development, management, and communication; communication guidelines around sustainability reporting; benchmarking; education; research and publication; facilitation and collaboration amongst companies and stakeholders; conferences and meetings; stakeholder engagement; impact and industry analysis; thought leadership; membership management and support including best practice sharing and advisory services; membership and industry engagement; and impact assessment for publication targeted to members of Cascale and the public at large; provided, however, that any such public disclosure shall be aggregated, anonymized, or otherwise presented in a manner such that it is no longer identifiable as relating to any individual supplier or subscriber;

   (c) to disclose a subscriber’s name, relationship with Cascale, and non-identifiable aspects of its purchasing strategies in Cascale’s publications or on its website, provided that such disclosures do not include specific ratings or scores that directly identify a subscriber;

   (d) as otherwise mutually agreed upon between the parties.

  7. Limitation of Liability.

  7.1. EXCEPT AS SET FORTH IN SECTION 7.4., TO THE GREATEST EXTENT ALLOWED BY APPLICABLE LAW, CASCALE SHALL NOT BE LIABLE FOR ANY CONSEQUENTIAL, ENHANCED, EXEMPLARY, INCIDENTAL, INDIRECT, PUNITIVE, OR SPECIAL DAMAGES IN CONNECTION WITH OR ARISING OUT OF THESE RULES, HOWEVER THEY ARISE, WHETHER IN BREACH OF CONTRACT, BREACH OF WARRANTY OR IN TORT, INCLUDING NEGLIGENCE, EVEN IF CASCALE HAS PREVIOUSLY BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

  7.2. EXCEPT AS SET FORTH IN SECTION 7.4., TO THE GREATEST EXTENT ALLOWED BY APPLICABLE LAW, CASCALE’S AGGREGATE LIABILITY ARISING OUT OF OR RELATED TO THESE RULES, WHETHER ARISING OUT OF OR RELATED TO BREACH OF CONTRACT, TORT (INCLUDING NEGLIGENCE) OR OTHERWISE, SHALL NOT EXCEED $100.00.

  7.3. LIABILITY FOR DAMAGES WILL BE LIMITED AND EXCLUDED UNDER THIS PROVISION EVEN IF ANY EXCLUSIVE REMEDY PROVIDED FOR FAILS OF ITS ESSENTIAL PURPOSE.

  7.4. THE FOREGOING EXCLUSIONS AND LIMITATIONS OF LIABILITY SHALL NOT APPLY TO CLAIMS BASED ON FRAUD, GROSS NEGLIGENCE, OR MORE CULPABLE ACT OR OMISSION (INCLUDING RECKLESSNESS OR WILLFUL MISCONDUCT).

  7.5. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, USER ASSUMES ALL RISK AND LIABILITY FOR THE RESULTS OBTAINED BY THE USE OF THE INFORMATION IN THE PRACTICE OF ANY PROCESS, WHETHER IN TERMS OF OPERATING COSTS, GENERAL EFFECTIVENESS, SUCCESS, OR FAILURE, AND REGARDLESS OF ANY ORAL OR WRITTEN STATEMENTS MADE BY CASCALE, BY WAY OF TECHNICAL ADVICE OR OTHERWISE, RELATED TO THE USE OF THE INFORMATION.

  8. Miscellaneous.

  8.1. These Rules and all matters arising out of or relating to this agreement, whether sounding in contract, tort, or statute, shall be governed by, and construed in accordance with, the laws of the State of California, United States of America, without giving effect to the conflict of laws provisions thereof to the extent such principles or rules would require or permit the application of the laws of any jurisdiction other than those of the State of California. Any dispute, claim or controversy arising out of or relating to these Rules, or the breach, termination, enforcement, interpretation or validity thereof, shall be determined by the relevant competent courts and tribunals located in the State of California.

  8.2. These Rules contain the entire agreement governing the use and access to the Platform and supersedes any prior communications, representations, or agreements, whether oral or written, with respect to the subject matter of these Rules. Cascale reserves the right, from time to time, in its sole discretion, to modify these Rules. When modifications are made, Cascale will provide notice to User. Cascale may, but is not obligated to, require User to provide consent to the modified Rules. If User does not agree to any change(s) after receiving notice of such change(s), User may elect to cease accessing or using the Platform when the modifications would become effective. User’s continued use of the Platform shall constitute User’s acceptance of such modifications to the Rules.

  8.3. A waiver of any provision of these Rules, or a delay by either party in the enforcement of any right hereunder, will neither be construed as a continuing waiver, nor create an expectation of non-enforcement, of that or any other provision or right.

  8.4. If one or more of the provisions of these Rules shall be found, by a court or arbitration forum with proper jurisdiction and authority, to be illegal, invalid, or unenforceable, it shall not affect the legality, validity or enforceability of any of the remaining provisions of these Rules.

  8.5. User represents and warrants that the execution, delivery, and performance of these Rules, as well as the consummation of the transactions contemplated herein, have been duly authorized by User, and that these Rules have been or will be duly executed and delivered by User, constituting legal, valid, and binding obligations enforceable against User in accordance with their terms, except as may be limited by applicable bankruptcy, insolvency or similar laws affecting creditors’ rights generally or the availability of equitable remedies. EXCEPT AS EXPRESSLY STATED IN THESE RULES, CASCALE MAKES NO EXPRESS OR IMPLIED REPRESENTATION OR WARRANTY TO USER REGARDING THE NATURE, USEFULNESS OR FUNCTIONALITY OF THE SERVICES AND INFORMATION, AND SPECIFICALLY DISCLAIMS ANY AND ALL IMPLIED WARRANTIES, INCLUDING BUT NOT LIMITED TO ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. EXCEPT AS EXPRESSLY STATED IN THESE RULES, USER ACKNOWLEDGES THAT THE SERVICES AND INFORMATION ARE PROVIDED “AS IS” AND “AVAILABLE” WITHOUT GURANTEES AS TO THEIR PERFORMANCE, ACCURACY, OR SUITABILITY FOR USER’S NEEDS.

  8.6. Except as expressly set forth in these Rules, the exercise by a party of any of its remedies under these Rules will not be deemed an election of remedies and will be without prejudice to its other remedies under these Rules or available at law or in equity or otherwise.

  8.7. These Rules are for the sole benefit of the parties, and nothing herein is intended to or shall confer upon any other person or entity any legal or equitable right, benefit, or remedy of any nature whatsoever under or by reason of these Rules.

  8.8. The Rules have been prepared in English, and English shall control its interpretation. In addition, all notices required or permitted to be given hereunder, and all written, electronic, oral or other communications between the parties regarding the Rules, shall be in English.

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  ANTITRUST POLICY STATEMENT

• Cascale acknowledges and understands that their activities must at all times be undertaken in compliance with all applicable laws and regulations, including but not limited to laws and regulations relating to antitrust.

  Therefore, in carrying out its activities, it is the policy of Cascale to act at all times in accordance with, and strictly adhere to, the letter and the spirit of all applicable national and international antitrust laws and regulations (Antitrust Laws).

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  HANDLING OF PERSONAL DATA

• Each person that uses the Platform is required to provide the following data when creating a user account: first name, last name, email address, phone number, parent account (company name), and parent account (company name) address. The personal data provided by each user are saved and used by Cascale solely for purposes of administration of the user accounts and provision of services. The personal data are not forwarded or disclosed to any third party or used for any other purpose. By accessing the Platform, each user agrees to the aforementioned use of its personal data and confirms that the data provided are correct.

You may also download the Better Buying Privacy and Data Protection Policy Click here

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