Conditions for receiving the goCircular Pass seal
GoCircular Pass holder
ECOEMBALAJES ESPAÑA, S.A. (hereinafter ECOEMBES), with registered office in Madrid, Calle de Cardenal Marcelo Spínola, 14, planta 2, 28016 and tax ID No. A-81601700, has launched the goCircular Pass initiative through TheCircularLab, ECOEMBES’s open innovation laboratory based in Logroño.
The purpose of the goCircular Pass initiative is to create a seal that recognises recently created innovative companies (hereinafter, the Startup(s)) that exhibit high growth potential, have sufficient capacities to help develop the circular economy in the packaging sector, and comply with the requirements and procedure specified herein for receiving the goCircular Pass seal (hereinafter, the Conditions). The two configurations (horizontal and vertical) of the goCircular Pass seal identified below, registered as European Union trademark no. 18438244, applied for on 03/25/2021, granted and in force in class 42 (hereinafter the Seal) are shown below:
The Seal can be requested by any Startup that meets the following requirements:
- Be listed in the goCircular Radar Registry launched by ECOEMBES (more information at https://radar.thecircularlab.com)
- Be chartered as a commercial entity or a Social Economy company (cooperatives, labor companies or special employment centers) and be no more than 10 years old.
- Not be more than 50% owned by a non-SME (as per the definition of SME contained in EU Regulation No. 651/2014).
- Employ a high level of innovation in its products, services or business model.
- Offer a portfolio of solutions or products that can contribute to the circular economy in the packaging sector.
- Not be involved in bankruptcy proceedings and be up to date with its Social Security and tax obligations. This condition will not be verified, but the Startup will declare in the application form that it meets this requirement.
If according to the applicable legislation the Startup has to comply with legal obligations of Extended Responsibility, being considered as a producer of waste individually or collectively, it must be attached to a Collective System of Aggregated Producer Responsibility of the Waste Producer (SCRAP) and be up to date with the payments derived from these legal obligations. Specifically, if the startup were responsible for the first placing on the Spanish market of plastic, paper, cardboard, metal and brik household packaging, it should be adhering to the SCRAP offered by Ecoembes.
Receiving the Seal
Receiving the Seal does not entail any cost for the Startup. To receive it, the process is divided into the following phases:
- Completion of the online application form found at https://pass.thecircularlab.com/en/form
- Online interview with members of the TheCircularLab’s Startup Department. If the initial form from the company is approved by the management team of TheCircularLab, a work meeting will be held so the team can learn more about the activities and capabilities of the Startup
- Submission of the technical form and the corresponding attachments.
- Assessment by the ECOEMBES Evaluation Committee of the form and any attachments (hereinafter, the Evaluation Committee)
This Evaluation Committee may decide to award the Seal. The Evaluation Committee may also agree not to grant the Seal, justifying its decision. No response either way from the Evaluation Committee within three months after the technical form is submitted is to be interpreted as a denial of the application, although the Startup may apply for the seal again in the future.
Throughout any of these phases, TheCircularLab and ECOEMBES may request additional information from the Startup on certain relevant information.
ECOEMBES is the owner of the Seal; as a result, it can only be granted by this organisation and through the procedure specified herein.
Composition of the Committee
The Evaluation Committee will consist of a minimum of three experts in the field with positions of responsibility in TheCircularLab and/or ECOEMBES or other entities with extensive experience in the field of circular economy in the packaging sector, which composition will be made known to the startups if requested.
The committee members shall have no conflict of interest or have any connection to the Startups that are assessed at each meeting of the Evaluation Committee.
Once the Startups are verified to meet the eligibility requirements mentioned herein, the Evaluation Committee will assess and weigh the following criteria to award the Seal:
- Potential of the Startup to have a positive impact in the field of circular economy in the packaging sector.
- Degree of innovation of the Startup
- Viability and scalability of its business model; acceptance by the present and future market, as well as growth potential.
- Training and commitment of its work team.
- Achievements, including:
- Awards, seals and recognitions from third parties.
- Successful completion of demanding acceleration programs.
- Receipt of significant sums in demanding venture capital programs.
- Involvement in regional, national and/or European R&D programs.
- References from clients and relevant projects.
- Service contracts already executed successfully with ECOEMBES.
- Receipt of business quality certificates.
The Evaluation Committee will weigh these criteria and make its decision objectively, with no discrimination and based on facts.
GoCircular Pass registration
ECOEMBES will inform each Startup of the reason for its decision, assigning a reference number to each case that can be used to track it through the different phases of the evaluation process.
ECOEMBES has set up the goCircular Pass Registry at the following address, https://pass.thecircularlab.com/en/list-of-companies/ (hereinafter, the goCircular Pass Registry or the Registry) which lists those Startups that have been issued the Seal. This Registry contains only those companies with a valid Seal, meaning one that its Validity Period has not expired (term defined below) or that have not been deregistered by ECOEMBES in the established cases. The information provided includes:
- Seal registration number
- Name of the Startup
- Tax ID number of the Startup
- Website of the Startup
- Seal validity date
- Description of the Startup’s activity
The data provided by the Startups must be true and current, as well as the complementary information provided. In the event that these are false and the Seal has already been granted or its Renewal has been granted, its concession will be cancelled, and the Startup will be removed from the Registry.
The goCircular Pass Registry will be available for any interested party and will contain the essential public and non-confidential information of the Startup.
Notwithstanding the deregistration of the Registry that ECOEMBES may cause as established in these Conditions, listing in the Registry is voluntary, meaning that the companies that are contained therein may request to be de-listed at any time. Those that do shall no longer be entitled to display the Seal.
Rules for using the Seal
All intellectual, industrial and similar property rights over the Seal belong and will continue to belong exclusively to ECOEMBES. In this sense, ECOEMBES certifies that it is the owner of a wide portfolio of trademarks, among which are, for the purposes of these Conditions, the following European Union trademarks:
– nº 18438244 – “ ”, requested on 03/25/2021, granted and in force in class 42;
– nº 18438245 – “ ”, requested on 03/25/2021, granted and in force in class 42;
Only the Startups to which ECOEMBES has granted registration in the Registry and, if applicable, its Renewal, and while their registration in the Registry is active, may use the Seal, on a non-exclusive basis, under the conditions and forms specifically indicated in these Conditions and for the specifically authorised products. In particular, a Startup may:
- Display the Seal at its headquarters and locations.
- Include the Seal on its website.
- Include the Seal in its email communications with clients and all types of partners. These must be corporate messages sent from accounts with the same domain as the Startup’s main website, therefore their inclusion in private emails or sent from non-official company accounts is prohibited.
The powers of use contained in this section are exclusive to the Startup, non-transferable and non-sublicensable, and are limited to the territory of effects of the ECOEMBES brands that protect the Seal, that is, the European Union, for a merely informative purpose – exposed in the object of these Conditions-, during the Validity Period -defined below- (as long as the Registry continues to exist) and to the uses established in these Conditions, being expressly prohibited for the Startup to use the Seal for profit. Likewise, the Seal cannot be used by the Startup to identify products and services in the market, but only for the aforementioned purpose and that is stated in the object of these Conditions. In any case, any use other than those permitted or outside the territory of the European Union must obtain prior written authorisation from ECOEMBES. Notwithstanding the foregoing, ECOEMBES will not be in any case responsible for unauthorised uses or uses outside the territory of the European Union that Startups make of the Seal.
The Seal officially represents obtaining registration in the goCircular Pass Registry and its shapes are unalterable (both with respect to its colors, proportions, and spatial relationships). Startups must use the Seal in an ancillary fashion, meaning it may not be shown in a size that is equal to or larger than their own brand, nor be placed in a prominent location. The Seal may not be used as a substitute for the Startup’s own branding.
For clarification purposes, the Seal must be used as registered, and, therefore, with all the elements that make it up, without being able to use its elements independently.
The Seal may not be used as part of the Startup’s name, trade name, domain name or branding, nor in any way that creates the impression that the Startup’s brand and the Seal are one and the same, or that the Seal belongs to the Startup.
On electronic and online media, a link must be provided on the Seal that directs to the goCircular Pass Registry website, which will provide relevant data on the Startup as well as the validity date of the Seal. If the Seal is shown on a non-electronic medium, its valid-until date must be included. In both cases (electronic and non-electronic means), the reference to the condition of the Seal trademark, owned by ECOEMBES, must be included.
Once the Validity Period has expired (term defined below), and until its Renewal is granted (term defined below), the Seal must be removed from the website, communications, offices and premises and, in general, from any media, tangible or intangible, to which it has been incorporated. The expiration of the Validity Period (term defined below) will have the same effect as the refusal or non-registration in the goCircular Pass Registry, therefore, from that moment on, any use of the Seal will be prohibited for the Startup.
Startups may not use the Seal in a way that could directly or indirectly damage it image, reputation and/or notoriety (or that of ECOEMBES and/or TheCircularLab) or that could mislead consumers about its ownership.
Neither may the Startup, at any time and for an indefinite period, request registration either by itself or through third parties, in any territory, a distinctive sign or other industrial property title or perform works and/or creations (including, at merely illustrative and non-limiting title, software, web pages, applications, and their look and feel) that incorporate, comprise or are similar to the Seal and/or any of its elements.
For clarification purposes, the obligations contained in this section apply to all Startups that have submitted their application to participate in the goCircular Pass initiative, regardless of the final decision on whether or not to award the Seal by the Evaluation Committee.
In the event that ECOEMBES detects any anomaly regarding the use of the Seal or suspects that a Startup is making the normal development of the goCircular Pass initiative impossible, damaging its purposes, or carrying out any unauthorised use, or infringing the obligations contained in these Conditions, or is impairing the exclusive rights of ECOEMBES over the Seal, ECOEMBES reserves the right to revoke the registration in the Registry, deregistering the Startup, even before the expiration date of the Period of Validity and/or Renewal, without prejudice to the indemnity that corresponds to ECOEMBES for the damages that may arise and any other legal measures that ECOEMBES deems appropriate to undertake. In the event that the Startup has any knowledge, direct or indirect, of any infringement, forgery, misuse, claim (judicial or extrajudicial), complaint, etc. about the Seal or that affects it, you must notify ECOEMBES immediately so that ECOEMBES can carry out the actions and/or actions it deems pertinent for the defense of its rights and interests, the Startup committing to provide ECOEMBES with all the necessary information and collaboration. The legitimacy for the exercise of actions and actions in relation to the Seal corresponds to ECOEMBES.
Period of validity and renewal
The Seal shall remain valid for two years from the date it was issued by the Evaluation Committee (hereinafter, Validity Period). During this Validity Period, the Startup that is awarded the Seal may use it in accordance with the clauses relating to its use mentioned hereinabove and for the specified term.
The Startup must report any relevant change to the issuing entity, ECOEMBES, for its consideration.
Three months before the Seal expires, and with the prior approval of ECOEMBES, the Startup may request that the Seal be renewed, providing the corresponding updated information on the company (hereinafter, the Renewal).
ECOEMBES will write a report to update the data and, if necessary, online or in-person meetings will be scheduled to address any issues that need to be resolved in order to complete said report.
If the report is favorable, the update report will be presented to the Evaluation Committee for final validation. In this case, the certification website will be updated to extend the seal for an additional two-year period and this circumstance will be communicated to the Startup.
If the report is unfavorable, the details of the decision will be made known to the applicant.
ECOEMBES may likewise officially de-list a company that no longer meets the conditions that justified its registration in the goCircular Pass Registry.
GoCircular Pass timeline and deadlines
This initiative will go into effect on April 15, 2021.
Startups may submit applications at any time. In order to improve the efficiency of the selection process, calls may be published on the website https://pass.thecircularlab.com with deadlines for receiving applications, which will be evaluated in meetings of the Evaluation Committee already scheduled. If a Startup is not in time to submit its application on a certain date, its application will be assessed at the next Evaluation Committee meeting.
Authorisation of image rights
Startups that have been awarded the Seal authorise ECOEMBES to reproduce and use their name, description and images (hereinafter, the Image) in any advertising and/or promotional activity in any communication medium (TV, Internet, social media or other) related to this initiative goCircular Pass, worldwide and without this conferring the right to remuneration or any benefit to said Startups. The previous authorisation in favor of ECOEMBES is during the Validity Period. However, the Startup acknowledges and accepts that the advertising and promotional material and the publications made by ECOEMBES during the Validity Period with the name, description, biography, distinctive signs and/or images of the Startup may be in circulation and/or follow published after the Validity Period without time limit due to the difficulty that includes its elimination from the different channels and means of exploitation.
The creations and promotional materials related to goCircular Pass, tangible or intangible, on any medium, that ECOEMBES can develop in relation to goCircular Pass (with or without the inclusion of the Image), will be the property of ECOEMBES and will not be subject to any copyright. prior inspection or approval of the Startup.
Personal data protection
In compliance with the provisions of Regulation (EU) 2016/679, of April 27, General Data Protection (hereinafter, GDPR) and Organic Law 3/2018, of December 5, Protection of Personal Data and guarantee of digital rights (hereinafter, LOPDGDD), ECOEMBES informs the Startup that it is responsible for the personal data it collects on the occasion of its participation in the goCircular Pass initiative and that it will treat it in a lawful, loyal and transparent manner.
The purpose of the treatment is exclusively the management of the participation of the Startup in the goCircular Pass initiative. The legal basis for data processing is the consent granted by the Startup when participating in the goCircular Pass initiative, by submitting the online application form through the page https://pass.thecircularlab.com/formulario.
In the event that when participating in the goCircular Pass initiative the Startup provides ECOEMBES with data from third parties, prior to its communication, the Startup must inform said third party of this notice on data processing and obtain their consent.
Likewise, Startups may withdraw the consent given at any time. To exercise the aforementioned rights, please send an email to firstname.lastname@example.org or write to Calle de Cardenal Marcelo Spínola 14, 2ª Planta 28016 Madrid. Be sure to include a copy of your DNI/NIE or an official identification document.
ECOEMBES accepts no responsibility for any kind for damage or claim that may arise from this initiative, or any responsibility for damages resulting from the use of the Seal by any entity.
ECOEMBES is not liable to third parties or persons who purchase services or products from the Startups to which the Seal is awarded. Therefore, the trust generated by this Seal cannot lead to liability for ECOEMBES if any problems exist between the startup and third parties.
ECOEMBES does not guarantee that the information provided by the Startups during the application or renewal process is true.
These Conditions herein can be found on the website https://pass.thecircularlab.com/condiciones-de-participacion/
ECOEMBES reserves the right to modify, suspend, limit or expand these Conditions for legitimate reasons, as allowed by the applicable legislation, or in accordance with new situations and relevant circumstances, which it shall duly report on the same Website. To this end, it recommends that users review them periodically to stay apprised thereof.
Applicable law and jurisdiction
These Conditions on the goCircular Pass initiative are governed by the laws of Spain (Common Law). To settle any dispute or discrepancy that may arise regarding the interpretation or application of these Conditions, both ECOEMBES and the participating startups expressly submit to the jurisdiction and competence of the Courts of Madrid, and expressly renounce any other jurisdiction to which they may have recourse.
Notifications and communications with the Startups will be made electronically or online. The information exchanged and the content of the communications shall be private and confidential.
None of the individuals involved in the communications made within the framework of this initiative may make the conversations or messages exchanged public. Similarly, the information or documentation exchanged is private and confidential and may not be shared with third parties or entities. For such purposes, “Confidential Information” shall be defined as any information, in oral, written, electronic, digital and/or any other type of format, that is provided by ECOEMBES to the Startups within the framework of this initiative, whether or not it has been classified as private or confidential.
Startups shall keep the information confidential, as well as the information inherent to the services provided pursuant to this initiative. For these purposes, the Startups undertake to use the Confidential Information solely and exclusively for the purposes related to this initiative, and not to reveal, communicate, disclose, distribute and/or reproduce said Confidential Information to any third party.
Startups must adopt the appropriate legal, technical and organisational measures needed to guarantee the secrecy of the Confidential Information, such that it does not become public knowledge or is known by third parties.
This confidentiality requirement shall apply even after the validity period of the Seal expires, for the maximum time allowed by law.
Acceptance of the Conditions
All the Startups involved in goCircular Pass accept these Conditions and fully agree to their content when submitting their application to participate in the selection process.