Terms of Service

SustainCERT S.A. provides climate and sustainability impact certification services.  SustainCERT S.A. (“SustainCERT,” “we,” “us” or “our”) owns the Site at www.sustain-cert.com and any other web properties and mobile apps owned by SustainCERT (each individually a “Site” and collectively, “Sites”) .   These Terms of Use outline your obligations when visiting the Sites and is a binding agreement (“Agreement”) between SustainCERT and you (“you” and “your”).

PLEASE READ THESE TERMS OF USE CAREFULLY. BY ACCESSING, DOWNLOADING, OR USING ANY OF THE SITE, YOU AGREE TO BECOME BOUND BY THESE TERMS OF USE. IF YOU DO NOT AGREE TO ALL THE TERMS AND CONDITIONS, THEN YOU MAY NOT ACCESS AND USE THIS SITE.

Modifications to these Terms of Use

SustainCERT may, in its sole discretion, modify these Terms of Use at any time and the modified Terms of Use will take effect when posted on the Site.

Ordering SustainCERT Services

If you are a consumer seeking SustainCERT’s services (“Client“) you must accept our Terms and Conditions and our Services shall be subject to such agreement, posted notices, guidelines, or rules applicable to such features of our Site that may be posted on this Site from time to time, including these Terms of Use and our Privacy Policy.

Setting Up Profiles for Clients

If you are a Client and want to create a profile on our Site, you shall be subject to any signed agreements with us, as well as posted notices,  guidelines, or rules applicable to such services or features that may be posted on this Site from time to time, including these Terms of Use and our Privacy Policy.

Content on this Site

SustainCERT does not guarantee the accuracy, integrity, quality or appropriateness of any content transmitted to or through the Site. You acknowledge that SustainCERT simply acts as a passive conduit for the publication and distribution of content posted by a third-party. You understand that all content posted on, transmitted through, or linked through the Site, is the sole responsibility of the person from whom such content originated. You understand that SustainCERT does not control and is not responsible for content available through the Site, and that by using the Site, you may be exposed to content that is inaccurate, misleading, or offensive. The Site content does not reflect the views of SustainCERT, its officers, managers, owners, employees, agents, designees or other users.  You further acknowledge that SustainCERT has no obligation to screen, preview, monitor or approve any content published by you, any Client, or a third party. However, SustainCERT reserves the right to review and delete any content that, in its sole judgment, violates these Terms and Conditions.

Third-Party Links

This Site may provide links or otherwise direct you to other Sites of third parties. SustainCERT does not control or operate any such third-party Sites. Any information you provide to these third-parties Sites is subject to the respective policies of those third parties. SustainCERT will not be responsible or liable for, and does not endorse any content, advertising, goods or services provided on or through these outside Sites or for your use or inability to use such Sites.

Visitor Conduct

Subject to full compliance with these Terms of Use, you may access and use the Site for your personal use. You shall not access, reproduce, duplicate, copy, sell, re-sell, modify, distribute, transmit, or otherwise exploit the Site or any of its content for any purpose except for your personal use without the express written consent of SustainCERT.   SustainCERT may modify, update, suspend or discontinue the Site, in whole or in part, at our sole discretion for any or no reason, at any time and with or without notice.

As a condition of your access and use of the Site, you agree not to use the Site for any purpose that is unlawful or prohibited by these Terms of Use, or any other purpose not reasonably intended by SustainCERT. By way of example, and not as a limitation, you agree:

• you will not use the Site if you are under the age of eighteen (18);
• you will not use the Site in any manner that violates any relevant law or that infringes, misappropriates or violates any third party’s rights, including, but not limited to, transmitting any content that may infringe, misappropriate or violate a third party’s rights of publicity, contractual rights, fiduciary rights or intellectual property rights;
• you will not use the Site or its content for any purposes not authorized by these Terms of Use, including commercial, promotional or political purposes or any other form of solicitation;
• you will not reproduce, duplicate, copy, modify, sell, re-sell or exploit the Site or its content for any commercial, educational or any other non-personal purpose or any for any purpose unrelated to your personal purchasing decisions;
• you will not post (through our “Contact Us” page or our “Sign Up” page for subscriptions), any irrelevant content, repeatedly post the same or similar content or otherwise impose an unreasonable or disproportionately large load on our infrastructure, interfere or attempt to interfere with the proper working of the Site or any activities conducted on the Site;
• you will not harass, threaten, intimidate, impersonate, or attempt to impersonate, any other person, falsify your contact or other information, misrepresent a relationship with any person or entity, including misrepresenting a relationship with SustainCERT, or otherwise attempt to mislead others as to the identity of the sender or the origin of a review or rating;
• you will not knowingly provide or submit false or misleading information;
• you will not take any action that would undermine the review and rating process under the Site;
• you will not use the Site in any way that could interfere with the rights of SustainCERT or the rights of other users of the Site;
• you will not attempt to gain unauthorized access to the Site, other user accounts, any portion or feature of the Site, or any other systems or networks connected to the Site or to any server used by SustainCERT by hacking, password ‘mining’ or any other illegitimate or unauthorized means, including attempting to obtain password, account, or any other personal or private information from any other Site user;
• you will not transmit or submit any transmission or other materials that are encrypted or that contains viruses, Trojan horses, worms, time bombs, spiders, cancelbots or other computer programming routines that is likely or intended to damage, interfere with, disrupt, impair, disable or otherwise overburden the Site;
• you will not access, download, monitor, or copy any information contained on our Site through artificial means (including but not limited to use any ‘deep-link’, ‘scraper’, ‘robot’, ‘bot’, ‘spider’ or other automatic device, program, algorithm or methodology, or any similar or equivalent automatic or manual process, or in any way reproduce or circumvent the navigational structure or presentation of the Site or any content, to obtain or attempt to obtain any content, materials, documents or information through any means not purposely made available through the Site;
• you will not probe, scan or test the vulnerability of the Site or any network connected to the Site, nor breach the security or authentication measures on the Site or any network connected to the Site; or
• you will not reverse look-up, trace or seek to trace any information on any other user of the Site, or any other customer of SustainCERT or exploit the Site or any service or information made available or offered by or through the Site, in any way where the purpose is to reveal any information, including but not limited to personal identification or information other than your own information, except as expressly authorized by SustainCERT and provided for by the Site.

Notice for California Residents who Visit our Site

Under California Civil Code Section 1789.3, California web users are entitled to the following specific consumer rights notice: The Services are provided by SustainCERT located at 1 Rue de Turi, L-3378 Livange, Luxembourg. If you have any questions, concerns, or complaints regarding the Services, please contact SustainCERT by sending an email to help@sustain-cert.com or sending a letter, first class certified mail, to SustainCERT, care of Lisa Rosen, located at 1 Rue de Turi, L-3378 Livange, Luxembourg.  California residents may reach the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs may be contacted in writing at 1625 North Market Blvd., Suite N 112, Sacramento, California 95834, or by telephone at (800) 952-5210 or Hearing Impaired at TDD (800) 326-2297 or TDD (916) 322-1700.

Trademarks And Copyrights

SustainCERT is a trade names and trademark of SustainCERT.  Other trade names, trademarks, service marks, domain names, email addresses, graphics, logos, designs, page headers, icons, slogans, names and trade dress used on this Site (collectively the “Trademarks“) are owned by SustainCERT and/or its licensees in the U.S. and/or other countries. These Trademarks may not be used by you or any third party, or in connection with any product or service in any manner that is likely to cause confusion, including without limitation, as part of other trademarks, domain names, keyword advertisements, or email addresses.

You should assume all content and material made available on the Site is protected by copyright law. Other than personal contact information that you may submit to our “Contact Us,” login, or account registration pages, all other materials and other information on the Site, including, but not limited to, all text, reviews, graphics, logos, icons, images, audio and video clips, downloads, data compilations and software are the exclusive property of SustainCERT and/or its licensors and are protected by all United States and international copyright laws.

Privacy

The Site does not collect personally identifiable information that is not voluntarily provided to SustainCERT. SustainCERT uses the information collected by the Site to provide the Services and to improve the usability and other features of the Site, as described in our Privacy Policy.

DMCA

In accordance with the Digital Millennium Copyright Act of 1998, Title 17 of the United States Code, Section 512 (“DMCA”), [COMPANY] will respond promptly to claims of copyright or trademark infringement that are reported to the agent that we have designated to receive notifications of claims infringement (its “Designated Agent”).

Our Designated Agent is:

Name: Lisa Rosen

Address:  1 Rue de Turi, L-3378 Livange, Luxembourg

Email: lisa.rosen@sustain-cert.com

If you are a copyright or trademark owner (or authorized to act on behalf of the copyright or trademark owner) and believe that your work’s copyright or trademark has been infringed, please report your notice of infringement to us by providing our Designated Agent with a written notification of claimed infringement that includes substantially the following:

• A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
• Identification of the copyrighted work or trademark claimed to have been infringed, or, if multiple copyrighted works or trademarks at a single online site are covered by a single notification, a representative list of such works at that site;
• Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit us to locate the material;
• Information reasonably sufficient to permit us to contact you, such as an address, telephone number, and, if available, an electronic mail address at which you may be contacted;
• A statement that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright or trademark owner, its agent, or the law; and
• A statement that the information in the notification is accurate, and under penalty of perjury, that you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.

SustainCERT will investigate notices of copyright and trademark infringement and take appropriate actions under the DMCA. Inquiries that do not follow this procedure may not receive a response.

Delays And Accessibility

The Site may be subject to limitations, delays, failure, and other problems inherent in the use of the Internet and electronic communications. SustainCERT is not responsible for any delays, failures or other damage resulting from such problems.

WARRANTY DISCLAIMERS

SustainCERT makes no representations concerning any content contained in or accessed through the Site, and SustainCERT will not be responsible or liable for the accuracy, copyright compliance, legality or decency of material contained in or accessed through the Site. SustainCERT makes no guarantee or warranty, express or implied, as to the reliability, accuracy, timeliness or completeness of that information and assumes no responsibility for any errors or omissions therein.

THIS SITE IS PROVIDED “AS IS” AND AS AVAILABLE, WITH NO REPRESENTATION OR WARRANTY OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, OR ANY IMPLIED WARRANTY ARISING FROM STATUTE, COURSE OF DEALING, COURSE OF PERFORMANCE OR USAGE OF TRADE.

For purposes of this section titled “Warranty Disclaimers,” all references to SustainCERT include its predecessors, successors, direct and indirect parent companies, direct and indirect subsidiary companies, companies under common control with any of the foregoing, affiliates and assigns and its past, present, and future officers, directors, shareholders, interest holders, members, partners, attorneys, agents, employees, managers, representatives, assigns and successors in interest, and all persons acting by, through, under or in concert with it.

LIMITATION OF LIABILITY

SUSTAINCERT WILL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, EXEMPLARY, SPECIAL OR CONSEQUENTIAL DAMAGES, LOSS OR CORRUPTION OF DATA, LOSS OF REVENUES, PROFITS, GOODWILL OR ANTICIPATED SALES OR SAVINGS, LOSS OF REPUTATION, LOSS OF OPPORTUNITY, PROCUREMENT OF SUBSTITUTE SERVICES, OR INTERRUPTION TO BUSINESS OR WASTED ADMINISTRATIVE TIME.  TO THE EXTENT ALLOWED BY LAW, THE MAXIMUM AGGREGATE LIABILITY OF SUSTAINCERT (WHICH INCLUDES, COLLECTIVELY, ITS AFFILIATES, OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, SUPPLIES AND LICENSORS) SHALL NOT EXCEED $100.00. THIS LIMITATION OF LIABILITY APPLIES WHETHER THE CLAIMS ARE CONTRACT, TORT (INCLUDING NEGLIGENCE), OR OTHERWISE, AND EVEN IF SUSTAINCERT HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

Notices

All notices to SustainCERT may be sent either by email or regular mail to the following:

Address:  1 Rue de Turi, L-3378 Livange, Luxembourg

Email: help@sustain-cert.com

You agree that SustainCERT may communicate any notices to you under these Terms of Use, through electronic mail, regular mail or posting the notices on the Site.

Privacy Policy

SustainCERT (“SC”) is committed to protecting your privacy and providing a safe online experience. This Privacy Policy applies to the www.sustain-cert.com website and any other web properties which are owned or operated by SC (collectively, the “Site”) and governs data collection and usage by SC. By using the Site, you consent to the collection, storage, use and disclosure of your personal information as described in this Privacy Policy.  If you do not agree to the practices in this Privacy Policy, please do not use this Site.  Each time you use this Site, the current version of the Privacy Policy will govern your use.  Accordingly, when you use this Site, you should check the date of this Privacy Policy (which appears at the top) and review any changes since the last version.

Collection of your Personal Data

SC may collect and store personally identifiable information disclosed by you, such as your e-mail address, name, home or work address or telephone number. SC may also collect and store anonymous demographic information, which is not unique to you, such as your ZIP code, age, gender, preferences, or interests. Other information that may be gathered from you and stored by SC include, but is not limited to, community discussions, chats, correspondence through the Site, and correspondence sent to us.

SC also automatically collects and stores information about your computer hardware and software. This information may include: your IP address, browser type, domain names, access times and referring website addresses. This information is used by SC solely to provide general statistics regarding use of the Site.

This Privacy Policy only applies to information that is collected through the SC site; it does not apply to any information that may be collected by other Site users, such as through email communications between you and another user. If you disclose your information to other Site users, different rules may apply to their use or disclosure of your personal information. SC does not guarantee the privacy or security of the personal information you provide to others. We therefore encourage you to evaluate the privacy and security policies of the other Site user before sharing your information. You should also review the privacy statements of websites that have links within the SC Site and which you choose to navigate to from the SC Site so that you understand how those websites collect, use and share your information. SC is not responsible for the privacy statements or other content on websites outside of the Site.

Use of your Personal Data

The principal purpose of the collection your personal data is to offer you a safe, optimum, efficient and personalized experience. To this end, you agree and accept that SC may use your personal data to:

• operate and improve the Site,
• provide our services,
• inform you of other products or services available from SC and its marketing partners
• comply with legal and regulatory obligations,
• deliver any information you request,
• deliver any information that you disclose to third parties through the Site, and
• contact you to conduct research about your opinion of current services or of potential new services that may be offered.

SC may share your personal information with service providers under contract with SC to help with our business operations. Such service providers will be required to maintain the privacy of your information in a manner at least as restrictive as this Privacy Policy.

SC will not sell your personal information to third parties. If you do not wish to receive marketing communications from SC, simply send us an email indicating your preference at https://www.sustain-cert.com/home/contact-us/

If, through the use of the Site, you receive personal information about another Site user, you agree to (a) keep such information confidential and protect the personal information of such user in a manner at least as restrictive as the manner in which SC protects such information as set forth herein; (b) use the information only for Site transaction-related purposes; or (c) use the information for other purposes expressly authorized by the information owner.

SC may keep track of the pages our users visit within the Site, in order to determine what SC services are the most popular. This data may be used to deliver customized content and advertising within SC to users whose behavior indicates that they are interested in a particular subject area.

SC will disclose your personal information if required to do so by law or in the good faith belief that such action is necessary to: (a) conform to legal requirements or comply with legal process served on SC or the Site; (b) protect and defend the rights or property of SC; (c) enforce our policies; (d) respond to claims that a listing or other content violates the rights of others; (e) protect the personal safety of users of SC or the public; or (f) to report suspected illegal activity.  All such information will be disclosed in accordance with applicable laws and regulations.

Use of Cookies

The Site uses “cookies” to help you personalize your online experience. A cookie is a piece of text that is placed on your hard disk by a Web page server. Cookies cannot be used to run programs or deliver viruses to your computer.  Cookies are uniquely assigned to you, and can only be read by a web server in the domain that issued the cookie to you.

You have the ability to accept or decline cookies.  Most Web browsers automatically accept cookies, but you can usually modify your browser setting to decline cookies if you prefer.  If you choose to decline cookies, you may not be able to fully experience the interactive features of the Site.

Security of your Personal Information

SC will take reasonable precautions to protect your personal information from unauthorised access, use or disclosure.  Individuals who have been granted access to personal information are aware of their responsibilities to protect the security, confidentiality and integrity of that information. As effective as modern security practices are, no physical or electronic security system is impenetrable. We cannot guarantee the security of our database, nor can we guarantee that the information you supply will always remain private.  SC retains your personal information to comply with the law, prevent fraud, collect any fees owed, resolve disputes, troubleshoot problems, enforce our General Terms of Use, and take other actions as permitted by law.

GDPR Compliance

SC may process Personal Data as both a Processor and a Controller, as those terms are defined in the EU General Data Protection Regulation (“GDPR”). SC adheres to GDPR. As a result:

• You have the right to request access to the information we have on you. You can do this by contacting us at https://www.sustain-cert.com/home/contact-us/.In order to comply with your request, we may ask you to verify your identity.
• If you believe the information we have on you is incorrect, you can send us an email at https://www.sustain-cert.com/home/contact-us/ so we can update it.
• If at anytime you would like us to delete your information, please contact us at https://www.sustain-cert.com/home/contact-us/.

Contact Information

SC welcomes your comments regarding this Privacy Policy. If you believe that SC has not adhered to this Privacy Policy, please contact SC at https://www.sustain-cert.com/home/contact-us/.  We will use commercially reasonable efforts to promptly determine and remedy the problem.

Changes to this Policy

SC reserves the right to modify or amend this Policy at any time by posting the amended Policy on this Site. All amended terms take effect upon posting. Each time you use the Site, the current version of the Policy will govern your use. Accordingly, when you use the Site, you should check the date of this Policy (which appears at the top) and review any changes since the last version.