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  1. General

(a) These terms and conditions (the General Terms and Conditions), together with EVO Human Performance’s Privacy Policy, any Separate Terms, any further terms and conditions which are incorporated into, appended to, or linked by a hyperlink in, the General Terms and Conditions, an Order or any of the foregoing (together, the Additional Terms and Conditions) and Orders govern the supply and use of the Products, Software and Services. The Additional Terms and Conditions are hereby incorporated by reference in and form part of, these General Terms and Conditions as if set out in full herein. Unless otherwise agreed in writing and signed by a statutory Director of EVO Human Performance (“EVO Human Performance”) any Professional Services set out in a Quotation/Work Order or other applicable agreement and/or provided by EVO Human Performance to the Customer shall be provided pursuant to the following terms and conditions (this “Agreement”).

1/ Definitions

“Acceptance” has the meaning detailed in Clause 19.1.4 or 19.2.

“Conditions” means these Conditions of Sale.

“Contract” means the contract between the Customer and EVO Human Performance (EVO Human Performance hereafter) in which these Conditions are incorporated;

a. for the supply and purchase of the Hardware and/or Services and/or

b.to supply in relation to the Software, a developer’s software licence or in the absence of the same a non-exclusive, non-transferable licence to use the Software.

“Contract Price” has the meaning detailed in Clause 5.1.

“Customer” means the person, firm, or company to which EVO Human Performance is supplying or licensing the Products.

 “Delivery” means delivery of all or some of the Products and/or Services, included within this Contract, to the Customer’s site or any other site notified to EVO Human Performance by the Customer.

“Hardware” means physical, tangible materials of the Product(s).

“Hardware Warranty” and “Hardware Warranty Period” has the meaning detailed in Clause 11.1.

 “PC” means a personal computer and/or data server, including its hardware, firmware and operating system software.

“EVO Human Performance'' means EVO Human Performance IKE, its employees, agents or sub-contractors.

“Product” or “Products” or “Product(s)” means any configuration of hardware and/or software, including documentation, sold or licensed to the Customer within the Contract.

“Quotations” means quotations, proposals, tenders or such other similar documents issued to the Customer by EVO Human Performance.

“Services” means those services detailed in the Customer’s order which may include, but are not limited to, project management, installation, commissioning and training.

“Software” means one or more programs capable of operating on a controller, processor or other hardware (“Device”) and related documentation. Software is either a separate Product (“Unbundled”), included with another Product (“Bundled Software”), or fixed in a device and not removable in normal operation within the Product (“Firmware”).

“Software Warranty” and “Software Warranty Period” has the meaning detailed in Clause 11.2.

“Telephone Network” means the public switched telephone network and/or leased lines.

2/ Order Acceptance

2.1 A Customer order for Products and/or Services will not be considered binding on EVO Human Performance until it is officially accepted in writing and evidenced by an order acknowledgement. Order acceptance is subject to EVO Human Performance receiving a satisfactory credit clearance in respect of the Customer.

2.2 These Conditions may not be modified or varied unless evidenced in writing and signed by a duly authorised representative of EVO Human Performance.

2.3 These Conditions are the only terms and conditions that apply to the Contract, unless varied in accordance with Clause 2.2. Delivery of all or part of the Products shall be deemed to be an unqualified acceptance of these Conditions.

2.4 The Customer must accompany an order with sufficient information, to enable EVO Human Performance to proceed with the Contract. EVO Human Performance reserves the right to amend the prices quoted to cover any increase in cost and extend the time of delivery of the Products where insufficient information has been supplied.

2.5 Any changes in specification, configuration, implementation date, traffic requirements, installation hours or block-wiring requested by the Customer after order acceptance may result in a revised date of implementation of the order and/or a change of Contract Price.

 3/ Validity

3.1 Unless otherwise stated in writing, all Quotations are valid for thirty (30) days from date of the Quotation. After expiry of this period, all Quotations shall lapse unless revised or confirmed by EVO Human Performance in writing.

3.2 The validity of our quotation and any resulting Contract, may be subject to the granting of a governmental export licence. In the event that such a licence or end-use statement is required, the Customer shall provide EVO Human Performance with such a document on written request. In case the delivery of the Goods is restricted or forbidden due to export control laws, the rights and obligations of the Customer will be suspended for the duration of such laws, and this Contract may be cancelled.

 4/ Customer Obligations

4.1 The Customer shall provide EVO Human Performance with reasonable access to the premises, adequate working and storage space and such other facilities as EVO Human Performance may reasonably require.

4.2 The Customer shall procure the co-operation of its employees, as may reasonably be required, for EVO Human Performance to carry out the supply of the Products and Services.

4.3 The Customer shall provide EVO Human Performance with copies of all materials in the Customer’s possession that EVO Human Performance may reasonably request to assist EVO Human Performance in the provision of the Products and/or Services. All such materials shall be provided at no charge to EVO Human Performance. EVO Human Performance shall use such materials only in connection with the provision of the Products and/or Services to the Customer. The Customer warrants that it has all the necessary intellectual property rights needed to permit EVO Human Performance to use such materials, and shall indemnify and hold EVO Human Performance harmless from any breach of this warranty. The Customer shall permit EVO Human Performance or its designee access to its Data Network and any other facilities or infrastructure as may be reasonably necessary.

4.4 The Customer shall appoint a single point of contact who shall be the primary contact point for EVO Human Performance regarding the provision of the Products and/or Services.

4.5 To ensure that the Products operate and function successfully the Customer shall provide the necessary integration with and/or management of its Data Network in accordance with EVO Human Performance’ recommendations. EVO Human Performance will not be responsible for quality of service issues related to the Data Network. The Customer is and remains responsible for the Data Network and all Data Network related issues.

4.6 The Customer shall be responsible for the connection of the incoming mains electricity supply to the rectifier/battery combination or any uninterrupted power supply unit and shall provide EVO Human Performance with the requisite certification.

4.7 The Customer shall ensure that it complies with all the appropriate health and safety at work requirements in respect of those representing EVO Human Performance on the Customer’s site. Furthermore, if required the Customer will assist EVO Human Performance with its obligations in respect of its health and safety duties.

4.8 It is the Customer’s responsibility to ensure that there is sufficient available capacity within its Telephone and/or Data Network(s) to support any additional products.

4.9 It is the Customer’s responsibility to ensure that the Products remain free from computer viruses.

4.10 If the Customer fails to meet any of its obligations detailed in this Clause 4 and EVO Human Performance has incurred extra costs due to the same then the Customer will reimburse EVO Human Performance accordingly.

5/ Price

5.1 The contract price shall be that detailed in the Quotation or, if the Quotation has expired, shall be the prices for the Products and/or Services ruling at the date of EVO Human Performance’ acceptance of the Customer order (the “Contract Price”).

5.2 In the event that the delivery lead time required by the Customer for any of the Products is more than three months from the date of order acceptance, EVO Human Performance reserves the right to change the Contract Price to take account of any variations in cost.

5.3 All prices quoted are exclusive of Value Added Tax, which shall be charged in addition at the rate applicable at the time of invoicing.

5.4 Prices will not be subject to discounts other than as may be specified in the Quotation.

5.5 Prices do not include the costs of any environmental charges arising out of the Directive 2002/96/EC on Waste Electrical and Electronic Equipment or any similar or derived legislation, and such additional costs will be invoiced to and payable by the Customer.

6/ Payment Terms

6.1 Unless EVO Human Performance agrees otherwise in writing, EVO Human Performance will invoice the Customer for the Contract Price in the following manner:

6.1.1 Products shall be invoiced for on the date of Product Delivery.

6.2 All invoices must be paid not later than thirty (30) days from date on the invoice.

6.3 In the event of default in payment by the due date, EVO Human Performance reserves the right to charge compound interest on money overdue accruing at the rate of that stipulated in by the Late Payment of Commercial Debts (Interest) Laws 2940/2001 and 3091/2002 or such legislation that may amend or replace the aforementioned laws until full payment is received. EVO Human Performance further reserves the right to suspend delivery or terminate any contract in respect of Products to be delivered and/or Services to be provided and/or to terminate any other order received by EVO Human Performance from the Customer.

6.4 Should any sum due for payment be in arrears for fourteen (14) days or more EVO Human Performance shall be under no obligation to provide the Products and/or Services.

6.5 Where the Customer requests a credit and re-invoice for the same value, the amount must be paid within thirty (30) days of the original invoice date.

6.6 Where any significant project milestone is delayed by the Customer by more than thirty (30) days from the agreed date, EVO Human Performance shall be entitled to invoice the Customer the whole of the Contract Price and to levy an additional charge on the Customer for installation support.

7/ Delivery

7.1 A delivery date shall be treated as being approximate. Whilst EVO Human Performance will use reasonable endeavours to conform to the estimated delivery date quoted, no liability is accepted for delay in despatch or Delivery. Estimated delivery dates quoted will commence from the date of order acceptance.

7.2 Where there is a requirement for a variation to the initial Products and/or Services ordered (such additional items being referred to as “Enhancement Items”), EVO Human Performance reserves the right to despatch and invoice such Enhancement Items separately and the Customer shall honour all invoices raised in respect of such deliveries in accordance with the payment terms set out in Clause 6.

7.3 If the Customer;

7.3.1 fails to take delivery or give adequate instructions, or

7.3.2 requests EVO Human Performance to hold the Products after the agreed date for delivery, an invoice will be issued on the date the Products were available for despatch. EVO Human Performance also reserves the right to charge for any additional costs incurred due to the delay.

7.4 EVO Human Performance will use reasonable endeavours to agree a delivery date with the Customer. In the event that the Customer delays Delivery for a period exceeding 3 months from placing the order EVO Human Performance reserves the right to invoice the Customer for the full Contract Price.

7.5 EVO Human Performance shall not be required to provide proof of Delivery. 

8/ Retention of Title And Risk

8.1 Immediately upon Delivery, risk in the Products will pass to the Customer.

8.2 Title in the Products will not pass to the Customer until EVO Human Performance has received full payment for the Products and for any other amounts due from the Customer to EVO Human Performance on whatsoever grounds. Until title passes the Customer holds the Products on behalf of EVO Human Performance as Bailee.

8.3 In the event of termination under Clause 14 of these Conditions, EVO Human Performance will be entitled;

8.3.1 to withhold delivery of any undelivered Products, and

8.3.2 to withhold the performance of any service under this or any other contract between the Customer and EVO Human Performance including but not limited to maintenance services, and

8.3.3 to cancel, terminate and/or suspend without liability any contract with the Customer.

Nothing in this Clause confers any right on the Customer to return the Products to EVO Human Performance or to create any agency between EVO Human Performance and the Customer.

8.4 EVO Human Performance will not be liable to the Customer for any loss or damage to the Products that occurs after Delivery, unless such loss or damage is caused directly by EVO Human Performance’ negligence or wilful misconduct.

9/ Damage or Loss In Transit

The packaging provided with the Products may not be suitable for storage. Claims for Products damaged or lost in transit must be received in writing by the carrier and EVO Human Performance within 24 hours after Delivery date or after the expected Delivery date. All packaging associated with damaged Products must be retained by the Customer and delivered to either the carrier or EVO Human Performance on demand.

10/ Cancellation

EVO Human Performance may at its absolute discretion allow the Customer to cancel an order or part of any order prior to Delivery but in that event may make an appropriate cancellation charge to cover reasonable costs, expenses and losses incurred, the cancellation charge being a minimum of 20% of the cancelled order. EVO Human Performance will not accept cancellation of an order after Delivery.

11/ Warranty

11.1 Hardware Warranty

11.1.1 EVO Human Performance warrants that at the time of Acceptance the Hardware will correspond with its specification and will be free from defects in material and workmanship for a period of twelve (12) months from Delivery (the “Hardware Warranty Period”) subject to the following conditions:

11.1.1(i) EVO Human Performance shall be under no liability in respect of any defect in the Hardware arising from designs or specifications supplied to EVO Human Performance by the Customer;

11.1.1(ii) EVO Human Performance shall be under no liability in respect of any defect arising from the Customer’s failure to follow EVO Human Performance’ or the manufacturer’s instructions in relation to proper use and storage of the Hardware;

11.1.1(iii) EVO Human Performance shall be under no liability in respect of any defect arising from fair wear and tear, accident, wilful damage, negligence (other than by EVO Human Performance), unusual physical or electrical stress, failure of power, alteration, modification or repair of the Hardware by any non-EVO Human Performance approved personnel;

11.1.1(iv) The above warranty does not extend to materials, parts or equipment not manufactured by EVO Human Performance (“Third Party Products“). The Customer shall only be entitled to the benefit of any Third Party Products warranty or guarantee, which EVO Human Performance is capable of assigning to the Customer.

11.1.2 Subject to Clause 11.3.6 below, in the event of any material defect in the Hardware arising within the Hardware Warranty Period, and provided that all monies due to EVO Human Performance have been paid in full, the Customer shall be entitled to return the Hardware in appropriate packaging for safe transit to EVO Human Performance at the Customer’s own cost. Upon return of the Hardware, EVO Human Performance shall undertake to examine the Hardware alleged to be defective, and if EVO Human Performance confirms that any fault has arisen after proper use of the Hardware (subject to Clause 11.3.3) solely due to defective design, manufacture or installation, EVO Human Performance shall repair or at its discretion replace the Hardware or parts thereof at EVO Human Performance’ expense.

11.1.3 The Customer shall notify EVO Human Performance of a claim for defective Hardware within 24 hours from the date of Delivery or, where the defect was not apparent on reasonable inspection, within 24 hours after discovery of the defect.

11.2 Software Warranty

11.2.1 The Customer acknowledges that software in general is not error-free and agrees that the existence of such errors shall not constitute a breach of this Contract.

11.2.2 In the event that the Customer discovers a material error in the Software which substantially affects the Customer’s use of the Products and notifies EVO Human Performance of the error within ninety (90) days from the date of despatch of the Software to the Customer (the “Software Warranty Period”) EVO Human Performance shall at its sole option either refund the licence fee in respect of the Software or use all reasonable endeavours to correct by a patch or new release (at its option) that part of the Software which does not comply PROVIDED THAT such non-compliance has not been caused by

11.2.2(i) any modification, variation or addition to the Software performed by the Customer or other third party, or

11.2.2(ii) incorrect use, abuse or corruption of the Software, or

11.2.2(iii) use of the Software with other software not approved by EVO Human Performance, or

11.2.2(iv) use of the Software on equipment with which it is incompatible.

11.2.3 EVO Human Performance does not warrant or represent that the Software will be free from all possible methods of access, attack or intrusion.

11.2.4 Any claim made by the Customer under this Software Warranty shall be sent in writing to EVO Human Performance specifying the nature of the defect. Upon receipt of such written notice EVO Human Performance shall investigate the reported defect.

11.3 General Warranty Clauses applicable to both Hardware and Software

11.3.1 The Customer shall notify EVO Human Performance of any intention to return any of the Products or parts thereof for whatever reason. EVO Human Performance will only accept returned Products when EVO Human Performance has sent the Customer written authorisation to return the Products.

11.3.2 In the event of any claim presented under either the Hardware or Software Warranty being found on investigation by EVO Human Performance either to be outside the scope or duration of the warranty or the fault being unconfirmed then the costs of such investigation shall be borne by the Customer.

11.3.3 EVO Human Performance shall not be liable at any time for damage or defects in the Hardware or Software caused by improper use, abuse, mismanagement, accident, unusual physical or electrical stress, or where the Products have been modified or repaired without EVO Human Performance’ consent, or by using the Hardware or Software outside the specifications detailed in the manuals and documentation relating to the same.

11.3.4 These warranties shall not be assigned without the prior written consent of EVO Human Performance.

11.3.5 The above warranties for both Hardware and Software shall be in lieu of all warranties or conditions, express or implied by law, as to the quality or fitness for any purpose or satisfactory quality in respect of the Hardware and/or Software.

11.3.6 If the Customer and EVO Human Performance shall have executed a separate maintenance agreement in respect of the Products, any repairs or replacements of defective Products arising during the respective Warranty Periods shall be carried out in accordance with the terms of such separate agreement.

12/ Liability

12.1 The following Clause 12 sets out EVO Human Performance’ liability to the Customer in respect of these Conditions, whether in contract or tort, including negligence and are the Customer’s sole remedies in respect of any act or default on the part of EVO Human Performance.

12.2 EVO Human Performance will accept liability for death or personal injury resulting from its negligence and, where applicable, for any breach by it under Part I of the Consumer Protection Law 3844/2010.

12.3 EVO Human Performance will accept liability for direct physical damage to the tangible property of the Customer to the extent that it is caused by the negligence of EVO Human Performance, subject to the exclusions set out in Clause 12.5 below and up to a maximum limit of € 100.000 in aggregate.

12.4 Except as provided in Clauses 12.2 and 12.3 above, EVO Human Performance’ total liability in respect of any one default will not exceed 125% of the total price paid by the Customer for the purchase of the Product(s) and the supply of a licence for the Product(s) in respect of which EVO Human Performance is in default. If a number of defaults give rise to substantially the same loss or are attributable to the same or similar cause, then they will be regarded as giving rise to only one claim. EVO Human Performance will be given a reasonable opportunity to remedy any default.

12.5 Except as provided by Section 12.2 above neither EVO Human Performance nor its affiliates, subcontractors or suppliers be liable for any of the following:

12.5.1 loss of business, revenue, profits, anticipated savings, contracts, goodwill; or

12.5.2 damages relating to the Customer’s procurement of substitute products or services, or

12.5.3 damages for loss of data, data traffic, software programs (whether or not supplied by EVO Human Performance), interruption in the use or availability of data, stoppage of other work, or

12.5.4 damages, losses or costs arising from fraudulent use of the Products, or

12.5.5 special, indirect or consequential loss, even if such loss is foreseeable by or in the contemplation of EVO Human Performance or

12.5.6 any claim made against the Customer by any other third party.

12.6 The Customer shall use its best endeavours to mitigate any loss suffered under this Clause 12.

12.7 Except as expressly stated in this Clause 12 all conditions and warranties implied, statutory or otherwise are excluded to the maximum extent permitted by law.

13/ Patents

13.1 EVO Human Performance at its expense, will defend any suit brought against the Customer if the suit is based on a claim that any Products supplied by EVO Human Performance directly infringe any GR patent right or other intellectual property right and will indemnify the Customer against any final award of damages and costs, subject to the clauses below and the Customer giving EVO Human Performance prompt notice in writing of any suit for infringement, full assistance and cooperation in that defence and full authority to conduct and settle it. The Customer will neither incur any expense in this regard without EVO Human Performance’ written consent nor make admission of liability. Should the Products constitute infringement and should their use be prohibited, EVO Human Performance will either procure for the Customer the right to continue using the Products or it will replace the infringing Products or, on return of the Products, grant the Customer a credit for the price paid for the Products.

EVO Human Performance assumes no liability for:

13.1.1 infringements of intellectual property rights covering any combination of any Products with any other product, whether or not supplied by the Customer or any method of process in which any Products may be used;

13.1.2 infringements of intellectual property rights where the Products were subsequently modified by or on behalf of the Customer by a party other than EVO Human Performance; or

13.1.3 infringements of intellectual property rights where the Products are not used in accordance with the instructions;

13.1.4 infringements of intellectual property rights of an old version of the Products where a subsequent non infringing version of the Products had been made available and the Customer had failed to use the non-infringing version;

13.1.4 any patent or intellectual property right infringement arising from compliance with the Customer’s design, specification or instruction except to the extent that the infringement arises from the manufacturing process used by the Customer. EVO Human Performance will indemnify the Customer against any final award of damages and costs for any such infringement and EVO Human Performance will reimburse all the Customer’s costs in defending any suit provided the Customer gives EVO Human Performance prompt notice in writing and, if requested, full authority to conduct the defence and full assistance and cooperation.

Except as stated in this Clause 13.1 EVO Human Performance will not be liable for any loss or damage of any kind suffered by the Customer or any person in respect of the infringement of any intellectual property right.

13.2 The sale or license of the Products does not convey any licence by implication, under any proprietary or intellectual property rights covering any combination in which any Products supplied by EVO Human Performance are combined with any other products (whether or not supplied by EVO Human Performance) or any method or process in which any Products may be used.

14/ Termination

14.1 Without prejudice to any other rights or remedies EVO Human Performance may cease to supply the Products and/or Service or, at its option, terminate this Contract with immediate effect: –

14.1.1 if the Customer is in breach of any of its obligations within these Conditions which are incapable of remedy, or

14.1.2 in the event of a breach capable of being remedied, the Customer fails to remedy the breach within fourteen (14) days of receipt of written notice thereof, or

14.1.3 if the Customer is in default of any payment, or

14.1.4 if the Customer or its parent or subsidiary companies makes any voluntary arrangement with creditors or becomes subject to an administration order, or if an individual or a firm becomes bankrupt, or if a company goes into liquidation; or

14.1.5 if a receiver or administrative receiver is appointed over, or an encumbrancer takes possession of the Customer’s property or assets or the property or assets of its parent or subsidiary companies; or

14.1.6 if the Customer ceases trading or threatens to cease trading; or

14.1.7 if any distress or execution is levied on the Customer, its goods or assets; or

14.1.8 if EVO Human Performance has reasonable cause to believe that any of the events in Clauses 14.1.4 – 14.1.7 are about to occur; or

14.1.9 if the Customer is in breach of any other contract with EVO Human Performance.

14.2 Payments shall become due immediately upon the commencement of any act or proceedings in which the Customer’s solvency is involved. On the appointment of an Administrative Receiver the Customer’s power to deal in any way with EVO Human Performance’ Products is automatically terminated.

15/ Drawings and Specifications

Unless otherwise stipulated all specifications, drawings and particulars of weights, dimensions and performance submitted with the Quotations are approximate only and the description and illustrations contained in catalogues, price lists and other printed matter are by way of general descriptions and approximate only and shall not form part of any contract with EVO Human Performance.

16/ Software and Firmware

16.1 Software provided by EVO Human Performance or its licensors shall not become the property of the Customer regardless of whether it was or was not developed specifically for use by the Customer.

16.2 Software licenses and dongles remain the property of EVO Human Performance and may not be transferred to any third party without the prior written consent of EVO Human Performance.

16.3 No rights to any intellectual property residing in the Products, documentation or any data furnished by EVO Human Performance are granted to the Customer except the right to use such intellectual property in conjunction with the Products.

16.4 Where the Customer is furnished with a developer’s software license the Customer’s entitlement to use the Software will be in accordance with the said license. In the absence of a developer’s software license the Customer is granted a non-exclusive, non-transferrable license to use such Software and/or firmware in conjunction with the Products for which it was supplied only.

16.5 Except where entitled to do so by law, the Customer may not copy or modify or disclose Software to a third party without EVO Human Performance’ written consent.

17/ Environmental Suitability and Installation

Where EVO Human Performance is responsible for installation of the Products: –

17.1 Before delivery, EVO Human Performance will provide the Customer with details of the specifications required for a suitable environment to accommodate the Products. EVO Human Performance may carry out, or require the Customer to carry out, a generic or specialised survey of the installation site and/or its Data Network, in advance of delivery, in order to ensure suitability. The Customer shall promptly provide free of charge such drawings, plans, and other information pertaining to the site and structures of the site as may be necessary for the survey.

17.2 The Customer shall be responsible for carrying out at its expense the remedial work detailed in the survey report pursuant to Clause 17.1 in advance of the agreed delivery date, including where necessary the obtaining of the requisite permits, licences, planning permission and way-leaves.

17.3 The Customer shall be responsible for ensuring that the site and equipment on which the Products are to be installed are prepared and made ready for installation prior to the time scheduled for Delivery and without prejudice to the generality of the foregoing the Customer agrees and undertakes to ensure that:

17.3.1 the PCs, hardware and communications infrastructure which are to be used in conjunction with the Products have been installed, configured and tested in accordance with the manufacturer’s product documentation and in accordance with EVO Human Performance’ requirements and recommendations.

17.3.2 its equipment, software, Telephone Network and Data Network have been dimensioned and configured as recommended by EVO Human Performance.

17.4 The Customer is advised that any future changes to the structure, fabric, decoration, furniture or any other object within the Customer’s site may affect the characteristics of the coverage of any wireless-based equipment supplied. If this is the case and coverage needs to be amended and/or improved to take account of the changes then any subsequent costs will be borne by the Customer.

17.5 The Customer is further advised that any changes made to either its Telephone Network or Data Network may affect the performance and/or functioning of the Products.

17.6 Where attachment to the services of a Telephone Network or Data Network provider is necessary for installation, the Customer shall at its expense procure that those services are available in advance of the agreed ready-for-service date. EVO Human Performance shall not be liable for any delay or failure to make such services available in compliance with the agreed specifications and standards.

17.7 Work such as cutting away and making good wall surfaces, ceilings, floors, furniture, etc., and any redecoration, is excluded from this Contract.

17.8 Except where expressly otherwise provided, installation prices are quoted on the assumption that work is carried out during normal working hours and proceeds without hindrance to completion. For the purpose of this Contract normal working hours are 0900 to 1700 Monday to Friday, excluding statutory holidays in Greece.

18/ Confidentiality and Data Protection

18.1 EVO Human Performance and the Customer shall use reasonable care not to disclose at any time whether during the continuance of the Contract or after its completion or termination to any person, firm or corporation any confidential or proprietary information belonging to the other party in any manner whatsoever, including information which relates to the other party’s know-how, data, drawings or specifications, except:

18.1.1 to the extent that the receiving party can show that the information is publicly available, through no fault of the receiving party;

18.1.2 to the extent that the receiving party can show that the information was in its possession prior to the date of disclosure by the disclosing party;

18.1.3 where the party whose confidential information has been disclosed has previously given its written consent to the disclosing party to disclose the information to the receiving party;

18.1.4 to the extent that the receiving party can prove that the information has been independently developed within its own organisation;

18.1.5 where the information is lawfully received from a third party which is lawfully in possession and free to disclose the information.

18.2 Both parties shall ensure that they comply with all laws and regulations in relation to data protection or privacy to the extent that such laws apply to them in connection with this Contract.

18.3 Nothing in Clause 18 shall prohibit EVO Human Performance from supplying the same or similar Products to other parties.

19/ Acceptance

19.1 Where EVO Human Performance is responsible for installation:

19.1.1 EVO Human Performance shall carry out its standard tests on the completion of either an agreed deliverable detailed within the contract and/or the completion of the entire contract (“Completion Tests”) which can be witnessed by the Customer or its authorised representative, to show that the Products perform as specified and signify acceptance of the same. Any tests of the Products other than those normally carried out by EVO Human Performance, which may be requested by the Customer, if agreed to by EVO Human Performance, may be the subject of extra charges.

19.1.2 The Customer and EVO Human Performance shall commence the Completion Tests at an agreed date and time. If an agreed date cannot be established, then EVO Human Performance will advise the Customer of a reasonable date and time for such tests to take place. Completion Tests will not be delayed in the event that the Customer’s representative fails to attend on the date notified.

19.1.3 Following any unsuccessful Completion Tests, EVO Human Performance shall have the opportunity to adjust or modify the Products, prior to repeating the Completion Tests, until the Products or replacement Products successfully pass the Completion Tests. In the event of minor failures or omissions or if the failure is due to items provided by the Customer the Completion Tests will still be considered successful.

19.1.4 The Products shall be deemed to have been accepted by the Customer on

19.1.4(i) the successful execution of the Completion Tests with 19.1.1, or 19.1.3, or

19.1.4(ii) the date the Products are put into commercial use by the Customer, or

19.1.4(iii) three (3) months after Delivery

whichever is the soonest.

19.2 Where EVO Human Performance is not responsible for installation, acceptance of the Products will be deemed to have occurred on Delivery in accordance with Clause 7.

20/ Maintenance

EVO Human Performance is under no obligation to maintain any of the Products unless EVO Human Performance and the Customer shall execute a separate maintenance agreement. If the Customer has not signed a maintenance contract on Acceptance, then the Customer shall use the procedure detailed in Clause 11 for any Hardware or Software faults.

21/ Market Surveillance

EVO Human Performance is not responsible for elements that are an integral part of the production/delivery system but are not supplied or certified by EVO Human Performance.

22/ Dispute Resolution Procedure

22.1 This Clause 23 sets out the steps to be followed in the event of a dispute between the Parties (the “Dispute Resolution Procedure”).

22.2 Where a dispute arises a notice of dispute shall be sent by one Party to the other setting out the material particulars of the dispute and why the person serving the notice believes the dispute has arisen. In such an event, the Parties shall continue to comply with their respective obligations under the Agreement regardless of the nature of the dispute and notwithstanding the referral to the Dispute Resolution Procedure.

22.3 The Parties to this Agreement will attempt in good faith to resolve any dispute or claim arising out of or relating to this Agreement promptly through negotiations between the respective senior executives of the Parties who have authority to settle the same.

22.4 If the matter is not resolved through negotiation within thirty (30) calendar days from the date of the notice, the Parties will attempt in good faith to resolve the dispute using a procedure such as mediation or executive tribunal or other dispute resolution technique.

22.5 The fees and the costs of such Procedure shall be borne equally by the parties.

22.6 Nothing in this Clause 22 shall prevent either party from seeking injunctive relief and/or applying for summary judgement at any time.

22.7 Except in relation to matters referred to in Clause 22.6 neither party shall be entitled to institute court proceedings in respect of a dispute unless and until they have attempted to resolve the dispute in accordance with Clause 22.3.

24/ Miscellaneous

24.1 No waiver by either party of any of its rights shall prejudice its ability to enforce such rights.

24.2 The headings of the terms and conditions are for convenience of reference only and do not form part of these Conditions nor affect their interpretation.

24.3 All notices shall be in writing addressed to the other party at its registered office or principal place of business.

24.4 Neither party shall be liable to the other for events of force majeure and beyond the reasonable control of the other party or its sub-contractors including but not limited to war, riot, fire, strikes, lock-outs or other forms of industrial action.

24.5 The Contract may not be assigned by the Customer without the prior written permission of EVO Human Performance, which shall not be unreasonably withheld.

24.6 If any provision of these Conditions is found to be invalid or unenforceable in whole or in part, the validity of the other provisions and the remainder of the provision in question shall not be affected by invalidity or unenforceability.

24.7 This Contract shall be subject to Greek law and the jurisdiction of the Greek Courts.

24.9 Any terms and conditions, which by their nature extend beyond expiration or termination of these Conditions shall survive and remain in effect.

24.10 These Conditions, the Customer’s order (excluding any Customer terms and conditions) and EVO Human Performance’ acceptance of the order constitute the entire agreement and understanding of the parties with respect to its subject matter. Each of the parties acknowledges that in entering into this agreement it has not relied on any oral or written representation, warranty, or other assurance (except as provided for or referred to in these Conditions) and waives all rights and remedies which might otherwise be available to it, provided always that nothing in these Conditions shall limit or exclude any liability of a party for fraud.

  1. General

(a) These terms and conditions (the General Terms and Conditions), together with EVO Human Performance’s Privacy Policy, any Separate Terms, any further terms and conditions which are incorporated into, appended to, or linked by a hyperlink in, the General Terms and Conditions, an Order or any of the foregoing (together, the Additional Terms and Conditions) and Orders govern the supply and use of the Products, Software and Services. The Additional Terms and Conditions are hereby incorporated by reference in and form part of, these General Terms and Conditions as if set out in full herein. Unless otherwise agreed in writing and signed by a statutory Director of EVO Human Performance (“EVO Human Performance”) any Professional Services set out in a Quotation/Work Order or other applicable agreement and/or provided by EVO Human Performance to the Customer shall be provided pursuant to the following terms and conditions (this “Agreement”).

1/ Definitions

In this Agreement, unless the context otherwise requires, the following expressions shall have the following meanings:
a) “Acceptance Criteria” means any criteria for acceptance by Customer of the Professional Services and//or Deliverable as set out in a Work Order;
b) “Agreement” means these terms and conditions, as may be varied by a Work Order;
c) “Change Control Note” means a written agreement to change any part of this Agreement as part of an agreed change control process signed by the authorised signatories of each party;
d) “Charges” means the charges for the Professional Services as specified in the Work Order and/or Quotation;
e) “Customer” means the party purchasing the Professional Services from EVO Human Performance
f) “Deliverables” are defined in clause 13a);
g) “Expenses” means any travel or subsistence expenses that become payable to the Personnel by EVO Human Performance, in accordance with the relevant Work Order, whilst undertaking the Professional Services;
h) “Locations” are the premises as detailed in the Work Order and such other premises as may be agreed in writing from time to time;
i) “Personnel” means any individual, including employees of a third party, provided by EVO Human Performance to Customer to perform the Professional Services;
j) “Professional Services” means the work undertaken, and expertise provided by, the Personnel as specified in a Work Order.
k) “Quotation” means a quotation from EVO Human Performance in respect of a Work Order, capable of acceptance by Customer.
l) “Work Order” means specification of work to be performed by EVO Human Performance, subject to acceptance of EVO Human Performance’ Quotation by Customer.

2/ Commencement and Term

a) This Agreement will come into effect on the earlier of (a) the date in which the Customer accepts a Quotation; or (b) the date in which EVO Human Performance start to deliver the Professional Services (the “Commencement Date”) and shall run until all the Professional Services have been provided, or the Agreement is terminated pursuant to clause 10.

3/ Customer’s Obligations

During the term of this Agreement Customer agrees as follows:

a) From time to time, to issue Work Orders requesting Quotations from EVO Human Performance in respect of Professional Services. For the avoidance of doubt, Customer shall be under no obligation to (i) issue Work Orders, or (ii) use EVO Human Performance for the provision of Professional Services, or (iii) to accept any Quotation provided by EVO Human Performance.

b) Where Customer accepts a Quotation from EVO Human Performance, to issue purchase orders referencing the Agreement to EVO Human Performance in respect of the Professional Services to be provided;


c) To reimburse EVO Human Performance for such Expenses as may be specified in the Work Order. For the avoidance of doubt, where Expenses are not specified in a Work Order or an accepted Quotation, Customer shall be under no obligation to reimburse EVO Human Performance;


d) To furnish the Personnel with such information and documents as are available to Customer and as the Personnel may reasonably request for the proper performance of the Professional Services;


e) To provide the Personnel, at no cost to EVO Human Performance, with access to the Locations and a safe and secure workplace and such facilities (including, but not limited to, desks, storage, PCs/Laptops, properly licensed software, printing facilities, telephones, fax facilities and network access) as the Personnel may reasonably require while at the Locations;


f) To provide such environments, facilities and staff as may be specified in the Work Order and to use all reasonable endeavours to ensure that any dependencies specified in the Work Order are met.


g) Customer shall be solely responsible for the management of any timetable for the delivery of the Professional Services, and (unless the Work Order specifies otherwise) for the implementation of any resultant Deliverables in which the Personnel were involved in the performance of the Professional Services hereunder.

4/ EVO Human Performance’ Obligations

During the term of this Agreement EVO Human Performance agrees as follows:


a) EVO Human Performance undertakes to respond in a timely manner to Work Orders provided by Customer with Quotations. For the avoidance of doubt, EVO Human Performance shall be under no obligation to provide a Quotation in respect of any Work Order, but shall notify Customer as soon as practicable if it declines to do so.


b) EVO Human Performance undertakes to provide the Personnel to perform the Professional Services as specified in each Work Order for which a Quotation has been provided and Customer has accepted.


c) As and when reasonably required to do so, EVO Human Performance shall provide the necessary evidence to Customer to show that the standards of training relevant to the Professional Services are of the standard required by Customer and all relevant legislation and regulations.


d) EVO Human Performance shall bear sole responsibility for payment of the salaries or other remuneration to the Personnel. EVO Human Performance shall be solely responsible for any health or disability insurance, retirement benefits, or other welfare or pension benefits (if any) to which such Personnel may be entitled. EVO Human Performance agrees to defend, indemnify, and hold harmless Customer from and against any claims, liabilities or expenses relating to such remuneration, tax, national insurance, or benefits provided that Customer shall promptly notify EVO Human Performance of any such claim when and as it comes to Customer’s attention, co-operate with EVO Human Performance in the defence and resolution of such claim and not settle or otherwise dispose of such claim without EVO Human Performance’ prior written consent.


e) The Personnel shall not, at any time, be deemed to be employed by Customer, and EVO Human Performance shall be responsible for claims relating to the Personnel.


f) The Personnel shall adhere to security and safety procedures as reasonably instructed by Customer or Customer’s customer during the delivery of the Professional Service at the Locations.


g) EVO Human Performance shall use reasonable endeavours to perform the Professional Services in accordance with any agreed timetable set out in the Work Order.

5/ Payment and Credit

a) Unless otherwise agreed in writing, EVO Human Performance shall invoice for the Charges and Expenses (if any) monthly in arrears, providing also such additional documentation, such as timesheets, as may be agreed by the parties from time to time or specified in the Work Order.


b) Invoices shall be paid within thirty (30) days of the date of invoice.


c) If Customer fails to make payment when due, then EVO Human Performance may charge Customer interest on such overdue amounts at the rate and in the manner provided by the Late Payment of Commercial Debts (Interest) Laws 2940/2001 and 3091/2002 and, on amounts outstanding until the date of actual receipt by EVO Human Performance, together with its costs of enforcing its right to payment. EVO Human Performance shall not suspend or terminate the provision of any or all of the Professional Services under the Agreement as a result of late payment.


d) The parties agree that, where required in a Work Order, the signature of time sheets by Customer shall demonstrate acceptance of the Professional Services referred to in such time sheets. Upon acceptance of the Professional Services, EVO Human Performance shall be deemed to have discharged all of its obligations under this Agreement and EVO Human Performance shall have no further liability whatsoever except for such liabilities as may be expressly provided herein as continuing thereafter.

6/ Taxes

a) All prices or charges stated or referred to in this Agreement are exclusive of value added tax, which shall be charged in addition at the rate ruling at the tax point.

7/ Intellectual Property

a) EVO Human Performance will indemnify Customer against all liabilities arising from a claim of infringement of any intellectual property rights of a third party caused by any act, or omission, of EVO Human Performance directly relating to the execution of its obligations under the Agreement. This indemnity shall be subject to EVO Human Performance’ right to control all acts and deeds of Customer pursuant to any such claim and to appoint, on behalf of Customer, counsel, or other legal advisors to defend such proceedings and to direct Customer to take, at EVO Human Performance’ expense, all such steps in respect of any such proceedings as EVO Human Performance may require, including the negotiation of any settlement in relation to any such proceedings.


b) Alternatively, if such a claim is made, Customer agrees that EVO Human Performance shall have the right, at its option and its own expense, to either:

i) modify any aspect of the Professional Services or a Deliverable so it does not infringe; and/or


ii) replace any aspect of the Professional Services or a Deliverable with comparable and non-infringing components; or


iii) procure for Customer the right for Customer to continue its use of any infringing Professional Services or Deliverable.

c) EVO Human Performance shall have no liability in respect of claims for infringement of any intellectual property rights of a third party arising from the execution of its obligations under the Agreement in accordance with Customer’s designs, plans, specifications, or specific instructions. Customers shall indemnify EVO Human Performance against all liabilities arising from such claims.


d) Customer will indemnify EVO Human Performance against all liabilities arising from a claim of infringement of any intellectual property rights of a third party caused by any act, or omission, of Customer. This indemnity shall be subject to Customer’s right to control all acts and deeds of EVO Human Performance pursuant to any such claim and to appoint, on behalf of EVO Human Performance, counsel, or other legal advisors to defend such proceedings and to direct EVO Human Performance to take, at Customer’s expense, all such steps in respect of any such proceedings as Customer may require, including the negotiation of any settlement in relation to any such proceedings.


e) Alternatively, if such a claim is made, EVO Human Performance agrees that Customer shall have the right, at its option and its own expense, to either:

i) modify the cause of the infringement so it does not infringe; or


ii) replace any aspect of infringing components with comparable and non-infringing components; or


iii) procure for EVO Human Performance the right for EVO Human Performance to continue its use of any infringing components.

f) Customer shall have no liability in respect of claims for infringement of any intellectual property rights of a third party arising from the execution of its obligations under the Agreement in accordance with EVO Human Performance’ designs, plans, specifications, or specific instructions. EVO Human Performance shall indemnify Customer against all liabilities arising from such claims.
g) EVO Human Performance shall assign to Customer with full title the intellectual property rights vesting in any Deliverable created pursuant to a Work Order subject to payment in full of any Charges or Expenses due to EVO Human Performance.

8/ Confidential Information

a) Each party agrees to maintain in confidence and not to disclose, reproduce or copy any materials, documentation, or specifications, which are provided by the other party hereunder. Each party shall take all reasonable steps to ensure that its employees, contractors and agents are bound by the same obligations and that such obligations endure beyond any termination of contracts of employment or other contracts.

9/ Warranties

a) EVO Human Performance warrants that it will use all reasonable skill and care in carrying out the Professional Services


b) EVO Human Performance warrants that (i) it has the power and has taken all actions necessary to enter into this Agreement, and (ii) that it has in place and shall maintain all rights, licences, consents and permits required to perform the Professional Services in accordance with all applicable laws.


c) Customer agrees and accepts that the express obligations and warranties made by EVO Human Performance in this Agreement are in lieu of and to the exclusion (so far as permitted by applicable law) of any other warranty, condition, term, undertaking or representation of any kind, (excluding always any fraudulent misrepresentations) express or implied, statutory or otherwise relating to the Professional Services provided under or in connection with this Agreement, including (without limitation) those as to the condition, quality and performance of Professional Services

10/ Termination

10.1 Either party may terminate this Agreement upon thirty (30) days’ written notice without liability, save that any Work Orders then in effect shall remain in force until terminated.


10.2 Either party shall have the right, without prejudice to any other remedies, at any time by giving notice in writing to the other party to terminate forthwith this Agreement and all Work Orders then in force in any of the following events:


a) If a party commits any other breach of any of the terms and conditions of this Agreement provided that if the breach in question is one which the breaching party can effectively remedy then the said notice of termination shall not be effective to terminate this Agreement unless the breaching party fails within thirty (30) days of the date of such notice effectively to remedy the breach complained of, or;


b) If a party ceases to carry on business or a substantial part thereof, commits an act of bankruptcy or is adjudicated bankrupt or enters into liquidation whether compulsory or voluntary other than for the purposes of amalgamation or reconstruction or compounds with its creditors generally or has a receiver or manager appointed over all or any part of its assets or suffers execution or distress or takes or suffers any similar action in consequence of debt or becomes unable to pay its debts as they fall due.

11/ Limits of Liability

a) Subject to clause 11b), neither party will be liable for:

i) any indirect, consequential, incidental, special, exemplary or punitive damages, costs or expenses; or
ii) any losses of production, losses caused by delay or corruption to data, loss of profits, revenue, contracts, goodwill or anticipated savings, or loss of operational or management time of any kind whatever and however caused, and whether based on an action or claim in contract, tort (including negligence), breach of statutory duty or otherwise, and even if foreseeable or suffered in circumstances where the party has been advised of the possibility of such losses; or
iii) any losses, costs or damages claimed under or in connection with the Agreement, where such claim is not notified to the other party within two years of the occurrence of the breach or circumstances giving rise to the claim or (if later) such time as the party should reasonably have become aware of the facts constituting such breach or circumstances.

b) Nothing in this Agreement shall limit either party’s liability for:

i) losses, liability for which may not be otherwise limited or excluded under applicable law;


ii) fraud and fraudulent misrepresentation;


iii) death or personal injury caused by the negligence of either party, its employees, agents or sub-contractors in the course of their engagement under the Agreement; and
iv) losses recoverable under Part I of the Consumer Protection Law 3844/2010.

c) EVO Human Performance’ liability for physical damage to or loss of tangible property of Customer or Customer’s customers to the extent it results from the negligence of EVO Human Performance, its employees, agents or sub-contractors within the course of their engagement under the Agreement shall be limited to one million euros (1,000,000) in respect of each incident or series of connected incidents.


d) Except as set out in clause 11c) and subject to clause 11b), EVO Human Performance’ total aggregate liability to Customer whether based on an action in contract, tort (including negligence), breach of statutory duty or otherwise, arising out of or in connection with the Agreement will be limited to, in any one calendar year, the one hundred and twelve and a half percent (112.5%) of the aggregate amount actually paid by Customer for the Professional Services provided under the Agreement during that calendar year (excluding value added tax).


e) The parties acknowledge and agree that the limitations of liability and allocations of risk contained in this clause have been considered and determined by the parties to be reasonable limitations and are reflected in the level of Charges for the Professional Services.

12/ Insurance

a) EVO Human Performance will maintain during the term of this Agreement such insurance policies as are consistent with the extent of the liabilities assumed by EVO Human Performance under this Agreement.


b) EVO Human Performance will upon request provide evidence that the insurance policies maintained under this clause 12 are in force.

13/ Acceptance

a) The Work Order and/or Quotation shall describe, as appropriate, the Professional Services to be performed by EVO Human Performance, the tangible work product resulting from the delivery of the Professional Services (the “Deliverables”), the projected schedule for performance of the Services or completion of the Deliverables, any applicable acceptance criteria for any Deliverables, the Charges to be paid by Customer and the payment schedule, and will be subject to the terms and conditions of this Agreement.


b) Acceptance of the Deliverables (if any) will occur upon the earlier of:

i) successful completion of acceptance tests which demonstrate compliance in all material respects of the Deliverables with the Acceptance Criteria as provided in the acceptance procedures set forth in the attached Statement of Work.; or;


ii) Customer’s use of the Deliverables for any purpose other than acceptance testing. Customer hereby acknowledges and agrees that the availability, operation, performance or functionality of any hardware, software, services or systems which may interface with, otherwise affect or be affected in any way by all or any part of the Deliverables shall be disregarded for the purposes of, and shall not in any way affect, delay or prevent Acceptance.

c) Acceptance of Professional Services (which are not Deliverables) will occur upon EVO Human Performance’ performance of such Professional Services. EVO Human Performance will provide notice to Customer when the Deliverables are ready for acceptance.


d) Upon acceptance as set out above, EVO Human Performance shall be deemed to have discharged all of its obligations under this Agreement and EVO Human Performance shall have no further liability whatsoever except for such liabilities as may be expressly provided herein as continuing thereafter.

14/ Notices

a) All notices to be given shall be in writing and shall be sent out to the respective addresses of Customer and EVO Human Performance set out in the Work Order or the registered office of the company to be served.

15/ Non-Solicitation

a) Each party agrees not to solicit the employees, or the subcontractors, of the other, whether as an employee or in any other capacity, during the term of this Agreement and for a period of six months after its expiry or termination.


b) The restriction in clause 15a) shall not apply to offers of employment or engagement made further to a good faith response to an openly advertised job vacancy.


c) A party in breach of the terms of this clause shall pay to the other by way of liquidated damages a sum equal to the annual salary of the employee concerned.

16/ Ethical Behaviour

a) Each party shall and shall procure that its officers, employees, agents and service providers shall:

i) comply with all applicable anti-corruption laws including and


ii) not, directly or indirectly, either in private business dealings or in dealings with the public sector, offer, promise or give (or agree to offer, promise or give) any financial or other advantage with respect to any matters which are the subject of any agreement between the parties and/or for either party to obtain any benefit from the other party which would violate any Anti-Corruption Laws.

b) If either party becomes aware of any breach or suspected breach of this clause 16, that party shall promptly notify the other party and the non-breaching party may immediately suspend operation of all or part of this Agreement by giving written notice to the other party, pending an investigation into the breach or suspected breach. Each party shall assist the other party in any such investigation, including by providing access to relevant personnel, documents and systems.


c) If, in the reasonable opinion of the non-breaching party, the breach of this clause 16 was directly ordered or authorised by the breaching party, or the breaching party otherwise failed to take reasonable action that would have prevented a breach of the obligations in this clause 16, the non-breaching party may immediately terminate any or all agreements between the parties by giving written notice to the other party.

17/ Miscellaneous

a) This Agreement is not assignable by either party without the prior written consent of the other party, any such attempted assignment shall be void.


b) This Agreement and the terms and conditions contained herein can only be modified by a Change Control Note or a written agreement signed by duly authorised representatives of both parties. Where a Work Order includes additions or variations to this Agreement, these shall only apply to that Work Order during its term.


c) The parties hereto agree that the terms, conditions, and Charges contained herein will prevail notwithstanding any conflicting or additional terms on any Quotations, purchase orders or other notifications submitted by EVO Human Performance.


d) No failure to exercise, and no delay in exercising, on the part of either party, any right, power or privilege hereunder will operate as a waiver thereof, nor will any single or partial exercise of any right, power or privilege hereunder preclude further exercise of the same right or the exercise of any right hereunder.


e) The invalidity or unenforceability for any reason of any part of these terms and conditions shall not prejudice the continuation in force of the remainder of the terms and conditions.


f) This Agreement shall be deemed to have been made in, and shall be construed in accordance to the laws of Greece.


g) No liability shall attach to EVO Human Performance, its agents or employees, in respect of any representations, other than fraudulent misrepresentations, made or advice given unless confirmed in writing by EVO Human Performance.


h) Neither party shall be liable to the other for any delay in or failure to perform its obligations hereunder (other than a payment of money) provided that such delay or failure is due to causes beyond its reasonable control.


i) The parties do not intend any term of this Agreement to confer rights on a person who is not a party to this Agreement.


j) Customer acknowledges that it has read these terms and conditions and understands and agrees to be bound by them. Customer further agrees that the Agreement is the complete and exclusive statement of the mutual understanding of the parties and supersedes and cancels all previous written and oral agreements and communications relating to the subject matter.

The Gender Equality Plan was approved by Decision 7 of EVO Human Performance Board on the 4th of February 2022
 
Athens, 04.02.2022
 
Table of content
 
Introduction Regulatory framework Operational regime Objectives
The Digital Gender Divide
Methodology
Key Area 1:  Governance and decision making;
Key Area 2:  Recruitment, Selection procedures, and Career Progression
Key Area 3:  Flexible and Agile Working; 
Key Area 4:  Gender Strategy in Workplace
Key Area 5:  Gender in events, courses and activities 
Key Area 6:  Gender in Company Culture Definitions References
 
 
Introduction
 
This action plan sets out company priorities for addressing gender equality, and identifies activities and monitoring plans. Equality of opportunity is core to EVO Human Performance mission and gender balance is a critical component for the Company to ensure fair access and equity for our employees. EVO Human Performance following international, community and internal standards, commits to the promotion of equality of opportunities between women and men in its principles and priorities.
 
Regulatory framework
This GEP legitimates and protects every strategy aiming to achieve gender equality at EVO Human Performance. GEP is devised according to national and European laws and aligns with national initiatives and actions focusing on:   equality of women and men, rights, discrimination banning, equality treatment, harassment in workplace, social responsibility of organisations etc. Specific articles, policies and directives can be found below:
 
European Union Law
 
TFEU
 Article 157 TFEU states:
“1. Each Member State shall ensure that the principle of equal pay for male and female workers for equal work or work of equal value is applied.
 
2.  For the purpose of this Article, ‘pay’ means the ordinary basic or minimum wage or salary and any other consideration, whether in cash or in kind, which the worker receives directly or indirectly, in respect of his employment, from his employer.
 
Equal pay without discrimination based on sex means:
 
(a) That pay for the same work at piece rates shall be calculated on the basis of the same unit of measurement; (b) that pay for work at time rates shall be the same for the same job.
3.  The European Parliament and the Council, acting in accordance with the ordinary legislative procedure, and after consulting the Economic
and Social Committee, shall adopt measures to ensure the application of the principle of equal opportunities and equal treatment of men and women in matters of employment and occupation, including the principle of equal pay for equal work or work of equal value.
 
 
4.  With a view to ensuring full equality in practice between men and women in working life, the principle of equal treatment sha ll not prevent any  Member  State  from  maintaining  or  adopting  measures  providing  for  specific  advantages  in  order  to  make  it  easier  for  the underrepresented sex to pursue a vocational activity or to prevent or compensate for disadvantages in professional careers.”
 
Chapter of Fundamental Rights of the EU
 
- Article 21(1) states: “Any discrimination based on any ground such as sex, race, colour, ethnic or social origin, genetic features, language e, religion or belief, political or any other opinion, membership of a national minority, property, birth, disability, age or se xual orientation shall be prohibited”.
- Article 23 states: “Equality between women and men must be ensured in all areas, including employment, work and pay. The principle of equality shall not prevent the maintenance or adoption of measures providing for specific advantages in favour of the under-represented sex”.
 
Directives
- Directive (EU) 2019/1158 of the European Parliament and of the Council of 20 June 2019 on work-life balance for parents and careers and repealing Council Directive 2010/18/EU
-        Council  Directive  2010/18/EU  of  8  March  2010  implementing  the  revised  Framework  Agreement  on  parental  leave  concluded  by
BUSINESSEUROPE, UEAPME, CEEP and ETUC and repealing Directive 96/34/EC (Text with EEA relevance)
- Directive 2010/41/EU of the European Parliament and of the Council of 7 July 2010 on the application of the principle of equal treatment between men and women engaged in an activity in a self-employed capacity and repealing Council Directive 86/613/EEC
- Directive 2006/54/EC of the European Parliament and of the Council of 5 July 2006 on the implementation of the principle of equal opportunities and equal treatment of men and women in matters of employment and occupation (recast)
-        Council Directive 2000/78/EC of 27 November 2000 establishing a general framework for equal treatment in employment and occupation
- Council Directive 2000/43/EC of 29 June 2000 implementing the principle of equal treatment between persons irrespective of racial or ethnic origin
-        Council Directive 96/34/EC of 3 June 1996 on the framework agreement on parental leave concluded by UNICE, CEEP and the ETUC
- Council Directive 92/85/EEC of 19 October 1992 on the introduction of measures to encourage improvements in the safety and health at work of pregnant workers and workers who have recently given birth or are breastfeeding (tenth individual Directive within the meaning of Article 16 (1) of Directive 89/391/EEC)
 
 
- Council Directive 79/7/EEC of 19 December 1978 on the progressive implementation of the principle of equal treatment for men and women in matters of social security
- Council Directive 76/207/EEC of 9 February 1976 on the implementation of the principle of equal treatment for men and women as regards access to employment, vocational training and promotion, and working conditions
- Council Directive 75/117/EEC of 10 February 1975 on the approximation of the laws of the Member States relating to the application of the principle of equal pay for men and women Greek Law
 
Greek Law
 
Constitution
-        Article 4(2) provides: ‘Greek men and women have equal rights and obligations’
-        Article 22(1)(b) states: ‘All workers, irrespective of sex or other distinctions, have a right to equal pay for work of equal value’
-        Article 116(2) states that: ‘Positive measures aiming at promoting equality between men and women do not constitute discrimination on
grounds of sex. The State shall take measures to eliminate inequalities existing in practice, in particular those detrimental to women’
 
Laws
- Act 4808/2021, ‘On the protection of the work - Establishment of the Independent Authority “Labour Inspectorate”- Ratification of International Labor Organization Convention 190 on the Elimination of Violence and Harassment in the world of work - Ratification of International Labor Organization Convention 187 on the Framework for the Promotion of Safety and Health at Work- Implementation of Directive (EU) 2019/1158 of the European Parliament and of the Council of 20 June 2019 on the balance between work and private life, other provisions of the Ministry of Labor and Social Affairs and other urgent arrangements’, OJ A 101/19.6.2021,
-        Act 4604/2019, ‘On the promotion of substantive gender equality etc.’, OJ A 50/26.3.2019,
- Act 4443/2016, ‘1) Transposition of Directive 2000/43/ΕC on the implementation of the principle of equal treatment between persons irrespective of racial or ethnic origin, of Directive 2000/78/ΕC establishing a general framework for equal treatment in employment and occupation and of Directive 2014/54/ΕU on measures facilitating the exercise of rights conferred on workers in the context of freedom of movement for workers (…)’, OJ A 232/9.12.2016 [replacing Act 3304/2005 which had initially transposed Directives 2000/43/EC and
2000/78/EC], OJ A 16/27.1.2005].
- Act 4097/2012, ‘Implementation of the Principle of Equal Treatment of Men and Women Engaged in an Activity in a Self -Employed Capacity – Harmonisation of the legislation with Directive 2010/41/EU of the European Parliament and the Council’, OJ A 235/3.12.2012 (Directive 86/613/EEC had not been transposed).
 
 
- Act 4075/2012, Articles 48-54, ‘Incorporation into Greek Law of Directive 2010/18/EU of the Council of the EU Implementing the Revised Framework Agreement on Parental Leave Concluded by BUSINESSEUROPE, UEAPME, CEEP and ETUC and Repealing Directive 96/34/EC’, OJ A 89/11.4.2012.
-        Presidential Decree 80/2012, ‘Granting of Parental Leave and Leave of Absence to Workers under a Contract of Maritime Work on Vessels
Bearing the Greek Flag, in accordance with Directive 2010/18/EU’, OJ 138/14.6.2012.
-        Act 1756/1988, Code on the Status of Judges, OJ A 35/2.2.1988.
-        Act 3896/2010, ‘Implementation of the Principle of Equal Treatment of Men and Women in Matters of Employment and Occupation.
Harmonisation of Existing Legislation with Directive 2006/54/EC of the European Parliament and the Council’, OJ A 207/8.12.2010.
- Act 3769/2009, ‘Implementation of the Principle of Equal Treatment of Men and Women Regarding Access to Goods and Services and Their Supply’, transposing Directive 2004/113/EC, OJ A 105/1.7.2009, as amended by Article 162 of Act 4099/2012 implementing the CJEU Test-Achats judgment, OJ A 250/20.11.2012.
-        Act 3488/2006, ‘Implementation of the Principle of Equal Treatment of Men and Women Regarding Access to Employment, Professional
Training and Evolution and Terms and Conditions of Work’, transposing Directive 2002/73/EC, OJ A 191/11.2006.
-        Presidential Decree 105/2003, ‘Adaptation of Domestic Law to Directive 97/80/EC on the Burden of Proof in Cases of Sex Discrimination,’
OJ A 96/23.4.2003; repealed by Article 30(5) of Act 3896/2010 transposing Directive 2006/54/EC.
-        Presidential Decree 87/2002, ‘Implementation of the Principle of Equal Treatment of Men and Women in Occupational Social Security
Schemes in Compliance with Directives 96/97/ΕC and 86/378/ΕEC’; repealed by Article 30(5) of Act 3896/2010 transposing Directive
2006/54/EC.
-        Presidential Decree 176/1997, ‘Measures for the Improvement of the Safety and Health at Work of Pregnant Workers and Workers Who
Have Recently Given Birth or are Breastfeeding in Compliance with Directive 92/85/EEC’, OJ A 150/15.7.1997, as amended by Decree
41/2003, OJ A 44/21.2.2003.
-        Act 1483/1984, ‘Protection and Facilitation of Workers with Family Responsibilities’, as amended by Αrticle 25 οf Act 2639/1998, OJ Α
205/2.9.1998 implementing Directive 96/34/EC and by Article 46 of Act 4488/2017,7 and Article 54(1) of Act 4075/2012 transposing
Directive 2010/18/EU.
-        Act 1414/1984, ‘Implementation of the Principle of Εqual+ Treatment of the Sexes in Employment Relationships’, transposing Directives
75/117/EEC and 76/207/EEC, OJ Α 10/2.1984.
-        Presidential Decree 1362/1981, ‘Replacement of Paragraph 1 of Article 33 of Act 1846/1951 “on Social Security” in compliance with
Directive 79/7/EEC’, OJ A 339/30.12.1981.
-        National General Collective Agreements (NGCAs).
 
 
Relevant national legislation
• Act 4531/2018 (OJ A 62/5.4.2018) ratifying the Istanbul Convention on preventing and combating violence against women and domestic violence of the Council of Europe (IC), signed by Greece on May 2011.
• Act 4491/2017, ‘Legal recognition of gender identity… etc.’, OJ A 152/13.10.2017.
• Act 927/1979, OJ A 139/28.6.1979, implementing the CERD, as amended by Act 4285/2014, OJ A 191/10.9.2014 and Act 4491/2017, OJ A
152/13.10.2017.
 
 
 
Operational regime
The Gender Action Plan is embedded within the work of the Company and is monitored by the Gender Equality Board (GEB) with the support of a) the HR department, b) the Legal department and c) the Accounting office. The approval of the plan has been made by the Board of the Company.
 
 
 
Objectives
The EVO Human Performance GEP has eight tangible objectives towards gender equality, namely:
1.   Embedding a gender aware culture in the Company by shifting traditional perceptions
2.   Improving the research quality of the Company by having heterogeneous research groups
3.   Practicing excellence through female staff (researchers, managers and support) career development and training
4.   Making decision-making more inclusive by inviting women in the process thus ensuring diversification of views
5.   Strengthening links with industry by encouraging females to cooperate with other partners and translate their experience into tangible products
6.   Becoming an attractive company for female digital experts and talents from Greece and abroad
7.   Contributing to the national and European needs for female digital experts
8.   Assisting in reversing brain – drain by attracting highly skilled females from abroad
 
To achieve those objectives EVO Human Performance will focus on six key areas, following the guidelines of the European Company for Gender Equality (EIGE) aiming to “identify and implement innovative strategies to promote cultural change and equal opportunities in the workplace” (EIGE, http://eige.europa.eu). These areas are:
 
 
Key Area 1:   Governance and decision making;
Key Area 2:   Recruitment, Selection procedures, and Career Progression
Key Area 3:   Flexible and Agile Working; 
Key Area 4:   Gender Strategy in Workplace
Key Area 5:   Gender in events and activities
Key Area 6:   Gender in Company Culture
 
The selected Key Areas, comprise sets of objectives, measures, targets and KPIs, where the gender dimension will be studied and monitored, the respective timeline, the personnel responsible for each action, as well as the relevance of the Key Areas to Sustainable Development Goals (SDGs).
Through these Key Areas EVO Human Performance will aim to contribute to reducing the Digital Gender Divide at institutional and national levels.
 
 
The Digital Gender Divide
Both men and women use digital technologies and need to be involved in building our digital future.  53% of European companies trying to recruit ICT specialists report difficulties in finding qualified people. This translates into a lack of around 1 million digital specialists. Considering that this field is male dominated we can see that by recruiting more women will help meet Europe’s increasing demand for digital experts. Women’s active participation is crucial in order to shape a sustainable, fair and equitable digital economy and society. Unfortunately, women are underrepresented in the digital economy and as EU statistics reveal, only 1 in 6 ICT specialists is a woman, while only 1 in 5 becomes an ICT entrepreneur.
EVO Human Performance is privileged to be a company dedicated to ICT as it recruits employees and developers with a genuine interest in digital technologies. It is a mandate for us to stimulate them to evolve their skills, expand their professional potential, broaden their horizons and enrich their knowledge without any gender or other form of discrimination.
With the gender oriented measures and interventions it proposes, EVO Human Performance will aim to contribute to reducing the Digital Gender Divide observed. It will empower female employees and provide them with the necessary resources to advance their careers.
 
EVO Human Performance will:
Provide women with career advancement pipelines, continued professional development and leadership training
-    Offer welcoming work environments, including providing pay equity; flexibility; parental policies; and inclusion
-    Develop schemes for mentorship for female employees.
-    Make women more active in decision making by including them into boards and processes thus changing power dynamics.
-    Assist employees affected by career breaks and leaves in regaining momentum as quickly as possible on return.
 
 
-    Protect them through anti-discrimination and anti-harassment policies.
 
 
 
Methodology
 
Despite the fact that the plan has been formally established in 2021 work towards monitoring gender aspects within the organisation started a few years ago. Therefore in the tables below where the Key areas are presented, we have included actions that have been matur ing since
2019.
 
Following the methodological steps of Understanding -- Planning -- Implementing -- Monitoring [EIGE] for each Key Area, we have begun to undertake initial work to understand and analyse the current situation with the aim to address imbalances.
 
NOTE: EVO Human Performance recognizes that its community may include people who do not identify with the binary construct of being either male or female, and who may be gender diverse, including those who affirm their gender as being different to the sex assigned at birth; who were born intersex or whose sex is indeterminate; or who identify as transgender or no gender.
 
 
 
Key areas of study
 
Key area 1 : Governance and Decision Making
Objectives
Measures
2020
2021
2022
I. Gender balance in all key decision-making bodies
II. Creation of structures to support gender equality
III. Oversight of organizational
processes in relation to gender
1.   Seek equality expertise for managerial positions
 
-
-
 
2.   Establishment of Gender
Equality Βoard
 
 
-
 
-
 
3.   Monitor the application of the
Gender plan
 
 
 
 
-
 
4.   Equality, diversity and inclusion principles embedded into to governance and Strategic Planning
 
 
-
Who:
1.   HR and Gender Equality
Board (GEB)
2.   Board of Company (BoC)
3.   GEB
4.   BoC
KPIS and Targets:
1.   To the maximum extend possible
2.   Completed in 2022
3.   In progress
4.   In progress
SDG
 
 
 
 
 
 
 
 
 
 
10
 
 
 
Key area 2 : Recruitment, Selection procedures and Career Progression
Objectives
Measures
2020
2021
2022
I. Career advancement interventions for female employees
II. To gender proof recruitment selection
III. Monitor pay gaps
IV. Attract female applicants in senior posts
V. Amend Company policies with a view to gender
1.   Analysis of applications vs admissions data to assess gender balance ratio
 
-
-
 
2.   Sharing career good practices and training female role models
 
 
 
-
 
3.   Offering attractive packages for highly skilled females
 
-
 
-
 
-
 
4.   Monitoring retention rate (RR) of female staff, substitution practices and career progression
 
 
-
 
-
 
5.   Existence of a person in charge of implementing the equality policies
 
 
-
 
-
 
6.   Annual review of pay gaps. Raising awareness to staff and directors
 
-
-
Who:
1.   GEB and HR
2.   GEB and employees
3.   BoC
4.   GEB and HR
5.   GEB
6.   GEB and Accounting
KPIS and Targets:
1. Variable ratios for professional, management and support staff
2.   1 event per year
3.   Increase offerings (quality/quantity)
4.  Average RR/Substituting a F by a F/Career progression M vs W (and years to get there)
5.   Over a certain amount to have
equal number of applicants
6.   1 article/announcement per year
 
SDG
 
 
 
 
11
 
 
 
Key area 3 : Flexible and Agile Working
Objectives
Measures
2020
2021
2022
I. Structures for supporting staff members with caring responsibilities
II. Promote integration of work with family and personal life (+ on site)
III. Creation of guidelines for work life balance
1. Flexible working models (part time/remote working etc.)
 
-
 
-
 
-
 
2. Encouragement of men to take parental leaves
-
-
-
 
3. ICT based systems for improving staff member connectivity when on leave
 
 
-
-
-
Who:
1.   BoC and GEB
2.   GEB and HR
3.   GEB
KPIS and Targets:
1.   In place since 2020
2.   In compliance with all applicable EU and national laws and Directives
3.   In place since 2020
SDG
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
12
 
 
 
Key area 4 : Gender Strategy in Workplace
Objectives
Measures
2020
2021
2022
I. Gender monitoring in professional processes
IΙ. Women hired in research positions
III. Women career development
IV. Connection with industry
/women practice
V. Better access to resources
1. Monitoring applications' gender balance received in research positions
 
 
-
 
-
 
2. Applying for funding in national/European calls targeting female employees
 
-
-
 
3. Promoting women in open posts for research / research projects
 
 
-
-
 
4. Facilitating access to funding, computer time, enabling research group set up
-
-
-
 
5. Supporting women returning from maternity leave
 
-
-
Who:
1.   GEB
2.   GEB
3.   GEB
4.   GEB
5.   HR and GEB
KPIS and Targets:
1.   In progress
2.   In progress
3.   To the maximum extend possible
4.   Offering extra resources (- esp. on new mothers)
5.   Sessions with the HR
SDG
 
 
 
 
 
 
 
 
 
 
13
 
 
 
 
 
 
Key area 5 : Gender in events and activities
Objectives
Measures
2020
2021
2022
I. Participation of balanced number of men/women in events/business days etc.
II. Visibility of women in the activities of the Company
III. Exposure of women in media and social media.
1. Monitoring participation M/F in the
Company's events/campaigns/info days
 
-
-
 
2. Appoint women in leading positions of
research and communication activities
 
 
 
-
 
3. Assign women to manage research projects
 
 
 
-
 
4. Make visible women and their contribution to the results and success of the company in the website/ center screens/ local press.
 
-
-
 
5. Participation of women in events targeting female access to R & I
 
-
-
Who:
1.   GEB + Marketing and Communication Associate (MCA)
2.   GEB and MCA
3.   GEB and BoC
4.   GEB and MCA
5.   GEB
 
KPIS and Targets:
1.   To the maximum extend possible
2.   To the maximum extend possible
3.   To the maximum extend possible
4.   Biannual newsletter flagging the contribution of outstanding research of woman in the Company
5.   To the maximum extend possible
 
SDG
 
 
 
 
 
14
 
 
 
 
Key area 6 : Gender in Organisation Culture
Objectives
Measures
2020
2021
2022
I. Diffusing /publishing current plan
II. Create event on sensitive topics
III. Encourage women
report incidents
IV. Designated area for women and child care
1. Publication of current plan and future versions on website
 
-
-
 
2. Organisation of events on diversity and gender for raising awareness
 
 
 
-
 
3. Offering a support service for the prevention, detection and report of discrimination and behaviors of harassment or violence based on gender
 
-
-
Who:
1.   GEB and MCA
2.   GEB and MCA
3.   HR and GEB
KPIS and Targets:
1.   1 update per year
2.   1 per year
3.   Board of 3 members (Gender Equality Board) and yearly evaluation of services by the Company
SDG
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
15
Definitions
 
 
Binary construct (relating to gender) is a social construct that identifies an individual as either male/man or female/woman, and does not take account of other sex or gender identities or presentations.
Gender is part of a person’s social and personal identity. It is typically used with reference to social and cultural differences rather than biological, referring to the characteristics that a culture delineates as masculine/male or feminine/female (see definition f or ‘gender diverse’). Gender diverse is a term used to recognise people who do not fall within the gender binary construct of male and female.
Intersex refers to people who have genetic, hormonal or physical characteristics that are not exclusively ‘male’ or ‘female’. A person who is
intersex may identify as male, female, intersex or as being of indeterminate sex.
Pay equity means individuals receiving equal pay for work of equal or comparable value and there is no gender bias at any point in the remuneration process (for example at commencement, base salary, out-of-cycle pay reviews, discretionary loadings and bonuses, and movement within the total remuneration range).
Sex means the characteristics associated with biological sex, generally assigned at birth usually described as being male or female. A person’s
sex and gender identity or presentation may not necessarily be the same.
Transgender is a general term for a person whose gender identity is different from their sex assigned at birth. A transgender person may take steps to live permanently in their nominated sex, with or without medical treatment.
Unconscious bias is a form of discrimination also known as implicit bias or implicit social cognition. It arises from the attitudes or stereotypes that affect our understanding, actions, and decisions in an unconscious manner.
 
References
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 

1.EVO Human Performance is an innovative IT professional services company, providing a broad range of services and solutions. Our stockholders, customers, suppliers, and employees represent virtually every race, national origin, religion, culture, political philosophy, and language. This diversity is the foundation of our business excellence and embodies EVO Human Performance respect for human rights and dignity of all people.

2. EVO Human Performance procures a variety of goods and services both for internal use and for that of our customers.

Procured goods include:

  • ICT products and spares to meet both external and internal requirements
  • ICT software
  • Office Consumable and Equipment Supplies.

Procured Services include:

  • Third Party Maintenance
  • Logistics
  • Financial, legal, insurance and other Professional services
  • Recruitment
  • Service Desks
  • Fleet Services
  • Training

The original manufacturer of goods procured by EVO Human Performance could be from locations across the globe. It would not be feasible for EVO Human Performance to audit the end-to-end supply chain. EVO Human Performance can and will however work to ensure the goods and services which EVO Human Performance procures are from manufacturers who have a strong anti-slavery policy and are taking action themselves to remove the risk of modern-day slavery from their supply chain. EVO Human Performance are committed to eradicating human exploitation from our supply chain. All EVO Human Performance suppliers must comply with the EVO Human Performance Supplier Code of Conduct

2. Human Rights

All EVO Human Performance Suppliers will support and respect the protection of internationally proclaimed human rights and will operate in the spirit of the Universal Declaration of Human Rights. This includes, but is not limited to, the following subjects:

All EVO Human Performance Suppliers will recognize and respect:

  • Fundamental human rights, social justice and human dignity
  • Diversity of local cultures.

3. Labour

All EVO Human Performance Suppliers will support and respect the internationally proclaimed labor rights and will operate in the spirit of the core Conventions of the International Labour Organisation (ILO). This includes, but is not limited to, the following subjects:

 All EVO Human Performance Suppliers will recognize and respect employees’ rights to:

  • Collective bargaining
  • Freedom of association.

All EVO Human Performance Suppliers will not indulge in acts of:

  • Discrimination
  • Child labor
  • Forced labor.

All EVO Human Performance Suppliers will:

  • Compensate workers in accordance with all applicable wage laws
  • Limit the working hours to the maximum as set by applicable laws
  • Ensure a safe working environment.

EVO Human Performance have implemented and continue to update and strengthen its processes to achieve the level of transparency and traceability necessary to ensure that EVO Human Performance procurement practices do not contribute to modern day slavery at any stage in the EVO Human Performance supply chain.

Steps to achieve this aim include:

  • All new EVO Human Performance Suppliers will certify their compliance with the EVO Human Performance Supplier Code of Conduct
  • All existing suppliers will upon the renewal of their agreement with EVO Human Performance will certify their compliance with EVO Human Performance Supplier Code of Conduct
  • EVO Human Performance will map and assess the EVO Human Performance supply chain to identify potential areas of risk of forced labor and people trafficking within it
  • EVO Human Performance ensuring workers in the EVO Human Performance supply chain are paid at least the minimum or living wage required by local law
  • EVO Human Performance ensures that robust immigration checks are in place with EVO Human Performance suppliers
  • EVO Human Performance does where appropriate raise awareness of modern-day slavery within the EVO Human Performance  business.

Below are some useful links in relation to Modern Day Slavery and Human Trafficking:

Walk Free Global Slavery Index – http://www.globalslaveryindex.org/

ILO Resources on Forced Labour, Human Trafficking and Slavery – http://www.ilo.org/global/topics/forced-labour/lang–en/index.htm

Verité eLearning on Supply Chain Accountability – http://www.verite.org/research/elearning

Version updated on February 7th 2022

We attach great importance to the protection of your personal data. As such, when collecting and processing it we are guided by these four principles:

  • Transparency: we explain what we collect and why we collect it, so that you can make the most well-informed decision possible;
  • Security: all the data that you have entrusted to us benefits from strong security;
  • Legal guarantees: we respect data protection laws;
  • User benefit: when we collect data, it is in order to improve the service and experience we offer, on our websites, App and with our products.

These principles are the foundations on which we wish to grow: in an increasingly connected world, we choose to give our users the widest possible control of their data and to protect the data that is entrusted to us. Our aim is to offer you the best products and the best services.

This Privacy Policy is therefore intended to provide you with a more detailed overview of our approach to your personal data, to explain those cases in which we still need to collect information about you, the reasons we therefore collect this data, and how we use it. It also outlines the security measures we use to protect its confidentiality, and remind you of your rights and how to exercise them.

                           

CONTENTS

1.      GENERAL INFORMATION.

2.      PROCESSING DATA COLLECTED BY EVO HUMAN PERFORMANCE.

3.      DATA RETENTION AND DELETION.

4.      SHARING PERSONAL DATA WITH THIRD PARTIES.

5.      TRANSFER OF DATA OUTSIDE THE EUROPEAN UNION.

6.      CONTROLLING PERSONAL INFORMATION SHARED WITH EVO HUMAN PERFORMANCE.

7.      LOGIN WITH GOOGLE/APPLE AND SOCIAL MEDIA PLUG-INS.

8.      PROCEDURES FOR SECURITY AND PROTECTION OF PERSONAL DATA.

9.      MANAGEMENT OF PERSONAL DATA OF MINORS.

10.    INFORMATION ON BANKING DATA.

11.    COOKIE INFORMATION.

12.    AMENDMENT OF OUR POLICY.

13.    CONTACT US.

 APPENDIX 1 - AIMS OF PROCESSES UNDERTAKEN BY EVO HUMAN PERFORMANCE.

APPENDIX 2 - THIRD PARTY ACTING ON THE WEBSITE.

1. GENERAL INFORMATION

EVO Human Performance PC whose head office is located at Grammou 10, in Melissia Athens (15127), Greece (hereinafter "EVO Human Performance" or "we") is responsible for processing your personal data. EVO Human Performance has appointed one Data Protection Officer for EVO Human Performance. The EVO Human Performance Data Protection Officer can be contacted via e-mail This email address is being protected from spambots. You need JavaScript enabled to view it. or via telephone …... The EVO Human Performance Data Protection Officer is supported by other responsible EVO Human Performance employees in the local country EVO Human Performance offices in order to implement the local country data protection applications.

This Privacy Policy (hereinafter the "Policy") intends to inform you of our practices regarding the collection, use and sharing of information that you provide or that we collect through our website www.evo4hp.com the "Website") or our mobile applications (the "App"); and tell you how to exercise your rights.

The Regulations on Personal Data (hereinafter the "Regulations") encompass the regulation (EU) 2016/679 of 27 April 2016 on the protection of personal data (regulation known as "GDPR") and any law or regulation that might apply these.

Personal data (hereinafter "Personal data") refers to any information relating to an identified or identifiable natural person who may be identified personally, directly or indirectly, in particular by means of an identifier, such as a surname, first name, an identification number, location data or an online username. The data we collect may therefore include your strictly personal data, insofar as it allows you to be identified as a particular person. Conversely, some data does not allow us to identify you directly, such as your profession or your browsing data (the type of browser, terminal and operating system, the path followed on the website, etc.) but is nevertheless considered as Personal Data because it is attached and/or attributable to the former.

This Policy is an integral part of the terms and conditions of sale on the Website and the conditions of use of the App. By accepting the general conditions of sale of the Website and the conditions of use of the App you expressly accept the provisions of this Policy.

Please read this document carefully in order to be aware of and understand the practices regarding the processing of your Personal Data that we implement and the rights that you are entitled to.

2. PROCESSING DATA COLLECTED BY EVO HUMAN PERFORMANCE

When you use our Website and/or our App, your consent will be required prior to any collection of your Personal Data. EVO Human Performance and its affiliates may exchange such Personal Data and use it in accordance with this Policy. You do not have to give us all of the Personal Data that we ask for. However, if you choose not to share it, access to certain services implemented by our Website and/or our App may be limited.

Any information that you may have provided to EVO Human Performance during your visits to our Website or when using our App is strictly confidential. Among other things, this information is necessary for processing orders on the Website or implementing the services offered by the App.

For more information, please consult the table that appears in Appendix 1, summarizing how EVO Human Performance processes Personal Data through its Website and App.

2.1. Legal basis for the processing of Personal Data

In accordance with the Regulations, most of the processing referred to in this Policy has received your prior consent.

Processing that has not received your consent are rendered necessary for carrying out our contractual obligations in relation to the services offered on the Website and/or our App, are dictated by a legal obligation incumbent upon us or based on a legitimate interest.

2.2. Types of Personal Data collected by EVO Human Performance

Personal Data that you share with us

When you use the Website and/or the App, you may be required to voluntarily share your Personal Data with us. Most particularly, this Personal Data is transmitted to EVO Human Performance when:

  • You create an EVO Human Performance Cloud user account via the Website and/or the App;
  • You use the Website and/or the App;
  • You contact our customer services department.

These Personal Data includes the following elements: your surname, first name(s), password, email address, date of birth, telephone number, other technical data (including geolocation and serial number of relevant equipment/accessories). The optional nature of the data is communicated to you when it is collected.

Personal Data that EVO Human Performance automatically collects

By browsing our Website, we automatically collect cookie data that allows or facilitates electronic communication or is strictly necessary for the provision of an online communication service.

Personal Data that EVO Human Performance obtains from third parties

If you download an app through an app download platform and make in-app purchases, if you connect to our Website and/or our App via social media, we will have access to certain Personal Data in accordance with the general conditions of use of the platforms and the social network concerned (for more details on social media, please refer to article 7 "LOGIN WITH GOOGLE/APPLE AND SOCIAL MEDIA PLUG-INS").

2.3. Authorisation to access the features of the Terminal

Our App enables the products sold by EVO Human Performance to be used on a computer, tablet, smartphone, phone, etc. (Hereinafter the "Terminal"). A request to access the geolocation services or storage of the Terminal may be required for the proper functioning of our App. We invite you to read the instructions on your Terminal to learn how to modify the authorization settings granted to an app and to control the sharing of personal details or access to the storage of the Terminal. Under no circumstances will EVO Human Performance collect Personal Data relating to these authorizations.

3. DATA RETENTION AND DELETION

We keep your Personal Data as long as necessary, particularly to fulfill our contractual obligations, comply with our legal obligations or resolve disputes. We retain some of your Personal Data for as long as you have a EVO Human Performance account.

Upon your request, we will delete or anonymize your Personal Data so that you can no longer be identified, unless the law authorizes or compels us to retain certain Personal Data, particularly in the following situations:

  • If there is an unresolved issue with your account, such as an outstanding debt or an unresolved claim or litigation, we will retain the necessary Personal Data until the issue is resolved;
  • If we are required to retain Personal Data as a result of legal, tax, auditing and accounting obligations, we will retain the necessary Personal Data for the period required by the applicable law; and/or
  • If this data is required for our legitimate interests, such as fraud prevention or the security of our users.

In addition, EVO Human Performance may on its own initiative anonymize some of your Personal Data.

In all other circumstances, we will retain your Personal Data for a period that we deem reasonable.

For more information, please consult the table that appears in Appendix 1, summarizing how long EVO Human Performance retains your Personal Data for processing it via its Website and App.

4. SHARING PERSONAL DATA WITH THIRD PARTIES

We will not transmit your Personal Data to third parties who may use it for commercial purposes without your express consent.

In accordance with applicable law and with your consent when required, we may aggregate the Personal Data that we receive or send to our business partners, including any or all of your Data collected via cookies.

We rely on trusted third parties to carry out various operations on our behalf. We can provide them with the information they need to carry out a given service and request that they do not use your Personal Data for any other purposes. We may be required to transfer certain Personal Data to them if it is required for (i) the operation, management, maintenance of our Website and/or our App; (ii) ensuring that the tasks necessary for the fulfilment of your order on the Website (technical services, payment services, verification of identity) are completed or ensuring the fulfilment of the services offered by the App; (iii) implementing certain elements of the after-sales service; (iv) combating fraud; (v) responding to requests from the authorities.

Your Personal Data may therefore be transferred to a third party when we have a legal obligation to do so or if we believe in good faith that this is necessary to (a) comply with any legal request; (b) comply with any requests from the authorities; (c) in an emergency involving public health or the physical integrity of a person; (d) in the course of enquiries and investigations; or (e) to secure the rights, property and safety of EVO Human Performance and more generally any third party.

5. TRANSFER OF DATA OUTSIDE THE EUROPEAN UNION

We store your Personal Data in servers located in the European Union. However, it is possible that the Personal Data we collect when you use our Website and/or our App are transferred to other countries, some of which may have less protective personal data protection legislation than the one in force in the country where you reside. We undertake to take all the measures required to ensure that contractual commitments with these third parties are in accordance with the Regulations. These measures may include checking the standards applied by these third parties for the protection of personal data and security and/or the signing of appropriate contracts (based on the model adopted by the European Commission).

We can use the services of subcontractors located outside the European Union, particularly for managing your order on the Website, responding to your requests for after-sales services, providing online payment tools or providing us with commercial and advertising services. This is also the case for EVO Human Performance affiliates located outside the European Union to whom we may transfer some of your Personal Data for the purposes of providing our services in those countries.

For more details on the transfer of your Personal Data outside the European Union, please contact us at the following address: This email address is being protected from spambots. You need JavaScript enabled to view it.

6. CONTROLLING PERSONAL INFORMATION SHARED WITH EVO HUMAN PERFORMANCE

6.1 Rights relating to your Personal Data

In accordance with the Regulations in force, you have a set of rights relating to the Personal Data relevant to you, including:

  • A right of access:you can obtain a copy of all your data processed by EVO Human Performance, as well as information about the nature of the processing of your data.
  • A right to rectification:you can obtain the rectification and/or completeness of your inaccurate and/or incomplete data.
  • A right to erasure:you can obtain the erasure of your data when (i) this data is no longer necessary for the purposes for which it was collected, (ii) you exercise your right to oppose the processing concerned, or (iii) the processing concerned is illicit. However, this right does not apply when it is necessary for EVO Human Performance to store your data to comply with a legal obligation or to exercise rights in court;
  • A right to restriction of processing:you can obtain a restriction of processing of your data when you dispute the accuracy of the data for a period of time that allows EVO Human Performance to carry out the appropriate verifications. It is the same when EVO Human Performance no longer needs the data but it is still required by you to defend a right in court, or when you exercise your right of opposition, for the time required by EVO Human Performance to examine your request. When such a limit is put in place, the data can only be processed, except for its retention, with your consent or for the defense of a right in court.
  • A right to portability:you can obtain the data that you have provided to EVO Human Performance and which is used by EVO Human Performance as part of the processing necessary to fulfill your contract, in a structured, commonly used and machine-readable format, and its transmission by EVO Human Performance to another provider where this is technically possible.
  • A right to object:you can request that EVO Human Performance, for reasons relating to your particular situation, stops processing your data in order to pursue its legitimate interests. EVO Human Performance will then cease such processing unless it justifies its legitimate and compelling interests over your rights and freedoms.
  • A right to define general and specific guidelinesdefining the manner in which you intend to exercise the above rights after your death.

6.2 Procedure for exercising your rights

To exercise your rights over your Personal Data, you can e-mail your request (i) to the address This email address is being protected from spambots. You need JavaScript enabled to view it. or (ii) send it by mail to EVO Human Performance PC, Grammou, 10, 15127 Melissia (Greece); giving your surname, first name, email address and if possible, your customer reference. In accordance with the regulations in force, your application must be signed and accompanied by a photocopy of an identity card bearing your signature and provide the address to which we must send you our response.

Please note that we may retain certain information about you when required by law or if there is a legitimate interest such as fraud or EVO Human Performance providing feedback to the authorities in charge of civil aviation. For example, this is the case if we consider that you have committed fraud or violated the Terms of Use of the Website and/or App and we want to prevent you bypassing the rules applicable to our community.

6.3 Lodging a complaint with the supervisory authority

You also have the right to lodge a complaint with the French supervisory authority or that of the country in which your habitual residence is located if you consider that the processing carried out by EVO Human Performance violates the provisions of the European Regulation on the protection of personal data. As an example, in Greece, the supervisory authority in charge of compliance with personal data obligations is the Hellenic Data Protection Authority (HDPA).

7. LOGIN WITH GOOGLE/APPLE AND SOCIAL MEDIA PLUG-INS

7.1. Login to EVO Human Performance via Google/Apple unique authentication mechanism

You have the option of connecting to an EVO Human Performance account through Google/Apple unique authentication mechanism, which makes it easier to register or connect. A first connection via Google/Apple unique authentication mechanism means that you will always be able to connect to your EVO Human Performance account this way. You can unlink these accounts at any time if you wish.

We draw your attention to the fact that if you decide to let us access some of your information, including your Personal Data, through connection services provided by third parties, their privacy policies can also legally bind you. We have no control over the collection or processing of your Personal Data carried out by third parties on their own platform.

When you choose to connect to your EVO Human Performance account via Google/Apple unique authentication mechanism, Google/Apple may ask you to share information with EVO Human Performance. If you choose to share information, Google/Apple will usually ask you to specify what information you want to share.

7.2. Social media plug-ins

Social media plug-ins may be present on the App. By clicking on one of these buttons (for example Facebook's "Share" button), information is exchanged with the social media site concerned. If you are connected to the social media site at the same time, information may be relayed to your account by the social media site. This social media site can also display it on your profile and share it with other members of your network.

8. PROCEDURES FOR SECURITY AND PROTECTION OF PERSONAL DATA

In order to ensure the protection and confidentiality of the Personal Data communicated to us, we use the technical, physical and procedural control measures that are implemented during the collection, processing and transfer of your Personal Data. As such, we have put in place various measures, including pseudonymization, encryption, access and retention policies.

We also apply security procedures limiting the use and access to your Personal Data on our servers. Only authorized personnel are permitted, in the course of their work, to access your Personal Data.

9. MANAGEMENT OF PERSONAL DATA OF MINORS

In accordance with Regulation on Personal Data, the collection of Personal Data of a child under sixteen (16) is permitted only with the valid consent of the person who has parental authority. If you are under the age of sixteen (16) and do not have the consent of your parent or legal guardian, please do not provide any Personal Data. If we learn that we have collected the Personal Data of a child under the age of sixteen (16) without the valid consent of the parent or legal guardian, we will remove them unless otherwise agreed by the parent or legal guardian.

10. INFORMATION ON BANKING DATA

For the purpose of paying for orders, bank details are collected and kept by our service providers in terms of payment. These comply with the PCI-DSS requirements, an international security standard whose objectives are to ensure the confidentiality and integrity of cardholder data, and thus secure the protection of card and transaction data.

11. COOKIE INFORMATION

Technical cookies that make the Website working: they are indispensable and allow you to use the basic functionalities of the Website. These cookies allow you especially to: navigate on the Website in a secure way, add products in your purchasing basket. These cookies are always activated on the Website. Personal data collected is: IP address. The data controller is: EVO Human Performance.

Web analytics cookies: they allow us to collect information on the way people browse our Website, like the number of people browsing the Website or the more visited webpages. We use this information to make sure people browsing the Website find appropriate content, measure performance indicators of the Website, identify error messages for solving bugs. These cookies are used by EVO Human Performance. If you don’t accept these cookies, we won’t be informed of your visit to our Website. The consent for using these cookies is valid for 6 months. Personal data collected is user ID determined in a random way. The data controller is EVO Human Performance.

Performance cookies: these cookies allow us to see if people scrolled down the screen and where they clicked on the site. These cookies are used by EVO Human Performance. The consent for using these cookies is valid for 6 months. Personal data collected are the device’s IP address and user ID. The data controller is EVO Human Performance.

Third party cookies linked to web views in the App: when opening web views from an App, the third-party website you access may use cookies. We invite you to read the cookies policy of these third-party websites to gain knowledge of the use aims of the information they collect.

12. AMENDMENT OF OUR POLICY

It may be the case that we have to make changes to this Policy. We advise you to regularly consult the page dedicated to the collection and processing of Personal Data on the Website to be aware of any changes or updates to our Policy.

13. CONTACT US

If you have any questions relating to this Policy or any requests relating to your Personal Data and/or you wish to exercise your rights, you can contact us (i) via the following email address: This email address is being protected from spambots. You need JavaScript enabled to view it.; or (ii) by post to EVO Human Performance PC, Grammou, 10, 15127 Melissia (Greece). In accordance with the regulations in force, your application must be signed and accompanied by a photocopy of an identity card bearing your signature and provide the address to which we must send you our response.

 

 APPENDIX 1 - AIMS OF PROCESSES UNDERTAKEN BY EVO HUMAN PERFORMANCE.

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APPENDIX 2 - THIRD PARTY ACTING ON THE WEBSITE.

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EVO Human Performance IKE, in compliance with Law 34/2002, of July 11, about information on society services and e-commerce, informs you that:

Its corporate name is 'EVO Human Performance '

Its EU VAT Nr: EL801544967

Telephone: +30……

It is registered in the Chamber of Athens, Greece.

Its registered main office is in Grammou St, 10, 15127 Melissia, Athens, Greece.

To communicate with us, we provide you different means of contact you can find in our Contact section.

For the purposes of this Legal Notice, EVO Human Performance IKE will be denominated, from now on, “EVO4HP".

We hereby inform you that the website https://www.evo4hp.com/ (hereinafter referred to as "the Web") is intended to provide the public, in general, with knowledge about the activities that the company carries out and the products and services it provides.

In accordance with the General Data Protection Regulation (RGPD), we guarantee the security and confidentiality of the data provided. See Privacy policy and Data Protection.

The intellectual property rights on the Web, its source code, design, navigation structure, databases and the different elements contained therein are property of EVO4HP, our exclusive exercise of the rights of any way exploitation and, in particular, rights of reproduction, distribution, public communication, availability and transformation.

Any link from any third party to this Web must be made to its home page or entry.

EVO4HP does not assume any responsibility resulting from the connection or link contents to third parties referred to on the Web.

Concerning the presentation of products and services of third parties, EVO4HP recognizes in favor of its owners the corresponding industrial and intellectual property rights, not implying its mere mention or appearance on the Web the existence of rights or any responsibility on the support, sponsorship or recommendation.

The unauthorized use of the information contained in this Website, as well as the infringement of the corresponding Intellectual or Industrial Property rights, will give rise to legally established responsibilities.

EVO4HP reserves the right to make at any time and without prior notice, modifications and updates of the information contained in its Web or in the configuration and presentation thereof.

EVO4HP does not guarantee that there are no errors in accessing the Web, in its content, nor that it is updated, however EVO4HP will do its utmost to avoid, correct or update them if necessary.

EVO4HP shall not be liable for any possible security errors that may occur nor for the possible damages that may be caused to the User’s computer system (hardware and software), files or documents stored therein, as a result of virus on the User’s computer used to connect to Web services and contents, a malfunction or unused versions of the browser.

EVO4HP and the User, expressly waiving any other jurisdiction, submit themselves to courts and tribunals of the User’s domicile for any controversy that may arise from the access to this Web. In case of the user is domiciled outside Greece, EVO4HPand the User submit, with express waiver to any other jurisdiction, the courts and tribunals of the city of Athens (Greece).