Welcome to the Request for Proposal (“RFP”) Portal (the “Portal”) managed and hosted by the Carbon Direct Inc. (“CD”) and its service providers to administer proposal submissions and reviews.
These terms govern your use of the Portal and the RFP process (“RFP Terms”). Please note that LOGGING INTO OR USING THE PORTAL WILL BE YOUR AGREEMENT TO THE RFP TERMS, WITHOUT MODIFICATION BY YOU. If you do not agree to the RFP Terms, do not log-in or use the Portal or respond to the RFP. You agree to the following:
Terms of Use. The RFP Terms include your agreement to CD Terms of Use and Privacy & Cookies Notice for www.carbon-direct.com located here ("CD Terms"). The CD Terms are incorporated into and made a part of the RFP Terms by this reference, and by logging into or using the Portal and/or responding to an RFP you acknowledge that you have reviewed and agree to CD Terms.
Definitions. Terms used but not defined in these RFP Terms have the definitions set forth in CD’s Terms or CD’s Privacy & Cookies Notice, except that (1) "Site" (as defined in CD Terms) shall include the Portal; and (2) “Content” (as defined in CD Terms) shall include Submission Materials.
Any information and associated materials submitted to CD in response to an RFP (collectively, “Submission Materials”) response is non-confidential, so please carefully consider the information included in the Submission Materials. You expressly agree CD may disclose Submission Materials including proposals, documents, communications, to CD’s potential and actual customers, its employees, contingent workers, service providers, consultants, independent subject matter experts, and other potential third parties. Submission Materials will not be treated as confidential, if you have any doubts about the wisdom of disclosure of confidential or proprietary information, CD recommends you consult with your legal counsel and take any steps you deem necessary to protect your intellectual property. You hereby grant CD a license to translate, modify and reproduce and otherwise act with respect to such Submissions Materials. You agree that the license you grant is royalty-free, perpetual, irrevocable, and worldwide.
The RFP is not an offer to contract or award grant funds. The CD assumes no responsibility for your cost to respond to this RFP. All responses generated by this RFP become the property of CD and/or CD’s customers.
Every effort has been made to provide accurate and current information; however, CD makes no representations or warranties whatsoever as to the content of the RFP and disclaims any and all responsibility, including, but not limited to, any inaccuracies, context errors, or omissions. The CD shall not be liable for damages associated with user reliance on information provided through the RFP.
Any information, comments, feedback, recommendations, and/or inquiries from CD, our service providers, our affiliates/subsidiaries or other actual or potential CD customers (collectively “Comments”), including, but not limited to, Comments provided and information requested by CD, our service providers, our affiliates/subsidiaries, or other actual or potential CD customers including, but not limited to, through the Portal, are solely and exclusively intended to facilitate clear communication and assist CD, our service providers, our affiliates/subsidiaries or other actual or potential customers to evaluate the proposal. The Comments are not intended in any way to provide directly or indirectly advice, counsel, or guidance on the design and/or conduct of proposal and CD, our service providers, our affiliates/subsidiaries, and other actual or potential CD customers take no responsibility for the design, compliance, and/or conduct of any proposal. Any proposer who participates in any way in the Portal or receives funding from CD, our service providers, our affiliates/subsidiaries or other potential customers is completely and exclusively responsible for all aspects of any such proposal and all related activities.
CD, OUR SERVICE PROVIDERS, OUR AFFILIATES/SUBSIDIARIES AND OUR ACTUAL OR POTENTIAL CUSTOMERS DISCLAIM ALL LIABILITIES, LOSSES, JUDGMENTS, COSTS, DAMAGES, EXPENSES (INCLUDING REASONABLE ATTORNEY’S FEES) DIRECT OR INDIRECT ARISING OUT OF OR RELATED TO SUBMISSION OF INFORMATION TO, OR PARTICIPATION IN, OR COMMENTS FROM CD, OUR SERVICE PROVIDERS, OUR AFFILIATES/SUBSIDIARIES OR CD’S ACTUAL OR POTENTIAL CUSTOMERS BY ANY PERSON FOR ANY PURPOSE. NO WARRANTY OR GUARANTY OF ANY KIND ARISES AS A RESULT OF ANY PARTY’S PARTICIPATION IN OR RELIANCE ON CD, OUR SERVICE PROVIDERS, OUR AFFILIATES/SUBSIDIARIES OR CD’S ACTUAL OR POTENTIAL CUSTOMERS UNDER APPLICABLE LAW, INCLUDING, BUT NOT LIMITED TO, MERCHANTABILITY, FITNESS FOR PURPOSE, WARRANTY AGAINST INFRINGEMENT OF INTELLECTUAL PROPERTY, OR OTHER WARRANTY OF QUALITY, WHETHER WRITTEN, ORAL, EXPRESS OR IMPLIED. BY PARTICIPATING IN, AGREEING TO AND ELECTRONICALLY SUBMITTING THIS SUBMISSION TO THE PORTAL, THE APPLICANT AGREES THAT IT HAS READ, UNDERSTANDS, ACKNOWLEDGES AND ACCEPTS THE ABOVE LIMITATIONS.
For access to the Portal, you will be required to set up and maintain a user account, including a username and password (“Credentials”) and accept the terms and conditions linked in the Portal. The Portal is only for use by persons who: (a) are submitting or have submitted a proposal, (b) have been invited to collaborate on the proposal by the individual or organization who is submitting a proposal though the Portal,(c) is a potential customer or a service provider, subject matter expert, or consultant that has been engaged by CD to review proposal submissions on CD’s behalf or (d) are CD personnel who have a need to access the Portal, including to provide technical and administrative support (persons described in (a),(b), (c), or (d) are hereafter called a "Member"). In accessing the Portal, you represent and warrant that you are a Member and that you have received a Credential as described in these RFP Terms. You agree that all uses of your Credential will be attributed to you and legally bind you and may be relied upon by CD, our affiliates/subsidiaries, our service providers and CD’s actual or potential customers as a use of the Portal being made by you. You agree to guard your Credentials as confidential information.
(i) Access to Portal. To create the Credentials for your Portal user account, you will be asked to provide your first/last name, password and email address.
(ii) Submission Materials. To submit your proposal, you will be asked to provide the following personal data: first/last name, job title, email address, phone number, country location or other personal data as expressly requested in the RFP contents.
Use of Personal Data. The CD may use your personal data in accordance with these RFP Terms and solely to (i) allow CD or its service providers to create your user account and provide your Credentials; (ii) communicate with you about the Submission Materials; (iii) review the Submission Materials; and (iv) to develop and improve the RFP process.
Sharing Personal Data. The CD may share your personal data with CD employees, contingent workers, consultants, service providers, independent subject matter experts, affiliates/subsidiaries and/or CD actual or potential customers for the purposes outlined in Section E(2) above.
F. Additional Terms for Proposal Reviewers
Your access to Portal is governed by these RFP Terms. To access the Portal to review proposals, you will be required to have a user account, including login Credentials and agree to the terms and conditions linked in the Portal. You agree to guard your Credentials as confidential information. You will also be able to provide comments to each proposal through the Portal. You acknowledge and agree that any information you provide through the Portal will be deemed to be Feedback, as that term is defined in Section 6 of CD Terms.
As part of CD’s review and evaluation of each proposal, CD may conduct due diligence with respect to your ability to meet that stated goals of CD and CD’s customers. CD and/or CD’s customer will make selection decisions based, in part, on whether your technologies and expertise is most appropriate for the success of the RFP.
In exchange for the opportunity to be awarded a grant or contract, you agree that CD may, in its sole discretion: (1) amend or cancel the RFP, in whole or in part, at any time; (2) extend the deadline for submitting responses; (3) determine whether a response does or does not substantially comply with the requirements of the RFP; (4) waive any minor irregularity, informality or nonconformance with the provisions or procedures of the RFP; (5) issue multiple awards; (6) share responses generated by this RFP with CD staff, consultants, contingent workers, service providers, subject matter experts, and actual and potential CD customers; and (7) copy the responses.
You agree not to bring a legal challenge of any kind against CD or CD’s customers relating to CD or CD’s customer’s selection and award of a grant or contract arising from this RFP.
You represent that you have responded to the RFP with complete honesty and accuracy. If facts provided in your response change, you will supplement your response in writing with any deletions, additions or changes within ten days of the changes, as necessary, throughout the selection process. You understand that any material misrepresentation, including omissions, may disqualify you from consideration for a grant or contract award.
These Terms of Use (“Terms”) are an agreement between you and Carbon Direct LLC and and our affiliates and subsidiaries (together, “CD,” “we,” “us,” or “our”) that governs your use of this website, any other CD registration, website, mobile application, online portal, electronic form, survey, interactive exhibit, and any other channel or mobile feature that is managed or operated by CD (collectively, “Sites”). The words “user,” “you,” and “your” refer to entities or individuals that access or use the Sites. These Terms do not alter in any way the terms or conditions of any other agreement you may have with us.
BY ACCESSING OR USING THE SITES, YOU ACKNOWLEDGE THAT YOU HAVE READ, UNDERSTOOD, AND AGREE TO BE BOUND BY THESE TERMS AS AMENDED FROM TIME TO TIME, INCLUDING THE DISCLAIMER OF WARRANTIES AND LIMITATIONS OF LIABILITY. DO NOT USE THE SITES IF YOU DO NOT AGREE TO THESE TERMS OR IF YOUR JURISDICTION WILL NOT HONOR THEM.
The Sites are only intended for users who can form legally binding contracts under applicable law. By accessing or using the Sites, you represent and warrant that (a) you are at least 18 years of age, or over the age of majority in the state or country where you are a resident or citizen, and (b) if you are using the Sites on behalf of an entity, you are authorized to accept these Terms on that entity’s behalf.
Any new or additional features, tools, sites, portals, or content that are added to the Sites will also be subject to these Terms unless expressly stated otherwise. Certain features of the Sites (“Additional Sites”) may be subject to additional terms (“Additional Terms”) presented within the Additional Sites. You must agree to any applicable Additional Terms before using those Additional Sites. Unless otherwise specified in any Additional Terms, the Additional Terms supplement and are incorporated into these Terms. If you do not agree to the Additional Terms, you may not use the Additional Sites. If any of the Additional Terms are inconsistent with these Terms, the Additional Terms will govern solely with respect to those Additional Sites.
(a) General Use Restrictions. The Sites may contain (without limitation) information, materials, data, text, software, music, sound, photographs, graphics, video, messages, instructional documents and any other materials (collectively, the “Content”). The Content is the sole and exclusive property of CD or its licensors. Subject to your compliance with these Terms, we grant to you a limited, non-exclusive, non-transferable, non-sublicensable license to access and use the Content and the Sites solely for your own noncommercial and internal purposes. Except as set forth in this Section, you may not download, copy, duplicate, sell, print, rent, lease, issue, distribute, transmit, broadcast, modify, perform, display, transfer, upload, post, create derivative works of, exploit, sublicense or otherwise assign to any third party the Sites or Content.
In addition, notwithstanding anything to the contrary herein, with respect to the Sites, Content, and User Contributions (as defined below), you are not permitted to:
remove any proprietary notices, or attempt to disable, bypass, modify, defeat, or otherwise circumvent any digital rights management, authentication, or security system used as part of the Sites, Content, or User Contributions or any host, network, system, or account related thereto;
interfere with or disrupt the proper functioning of the Sites, Content, User Contributions, or of any CD networks or systems, including those used by CD or CD Third Parties to host or provide the Sites;
infringe, misappropriate, or violate the intellectual property, proprietary, or privacy rights of any third party;
use the Sites, Content, or User Contributions for any purpose or in any manner that is unlawful or violates any applicable local, state, national, or international law;
provide or upload any content, data or information to the Sites that contains viruses or malicious code or is unlawful, harmful, threatening, abusive, harassing, tortious, defamatory, vulgar, obscene, libelous, invasive of another’s privacy or right of publicity, hateful, or racially, ethnically or otherwise objectionable;
provide or upload through the Sites or User Contributions information, including personal data, of others that you are not authorized to provide;
use the Sites, Content, or User Contributions to develop applications, websites, or any other functionalities that leverage the Sites, Content, or User Contributions;
provide the Sites, Content or User Contributions to the public, or otherwise make available any links, hypertext (Universal Resource Locator (URL) address) or otherwise grant access (other than a “bookmark” from a web browser) to the Sites, or any part thereof;
systematically retrieve data or other content from the Site to create or compile, directly or indirectly, a collection, compilation, database, or directory without written permission from us.
link or shortcut to our Sites from your website, blog or similar application;
use the Sites, Content, or User Contributions in a way that suggests you are a representative of CD or for any lobbying or political activities; or
cause damage to CD’s business, reputation, employees, members, facilities, or to any other person or legal entity.
Any scraping, automated access, or other unauthorized access to, and storage of, Sites or Content may, in our sole discretion, result in immediate suspension or termination of your access to the Sites, Content, your Credentials or your Account (as defined below). Use of the Sites or Content for any purpose other than what is described in this Section is prohibited.
We reserve the right to monitor and exercise all other rights of ours, and to modify or remove any Content or User Contribution (as defined below) at any time, but do not undertake any duty to do so. Any opinions, advice, statements, assistance, services, offers, or information expressed or made available by third parties, including users, are those of the respective author(s) or distributor(s) and not of CD.
(b) Non-Use of Content. YOU MAY NOT SELL OR EXPLOIT CD CONTENT OR OTHERWISE DISTRIBUTE IT FOR A FEE. YOU WILL NOT USE OR DISCLOSE CD CONTENT TO ANY THIRD PARTIES EXCEPT AS EXPRESSLY PERMITTED BY THESE TERMS.
The Sites and Content are protected by copyright, trademark, patent, and other intellectual property and proprietary right laws. All title, ownership rights, and intellectual property rights in and to the Content and Sites are owned by CD or our licensors. All rights not expressly granted to you are reserved. The Sites and Content may contain certain licensed materials, and our licensors may protect their rights in the event of any violation of these Terms. All trademarks, service marks, logos, trade names, and any other proprietary designations of CD used herein are trademarks or registered trademarks of CD, our affiliates, or suppliers. You may not use any of our trademarks, logos, or trade dress without our express written consent. If You receive such consent, you must use all assets in accordance with our brand guidelines, which may be updated from time to time.
Access to and use of some areas of our Sites may require you to create a profile or register for a user account (“Account”). For example, when you respond to a request for proposal you may need to create an Account through our proposal submission portal. If you register for an Account, you will create an Account username and password (“Credentials”). You must provide us with accurate, complete, and current information during Account registration and at all other times and update all information provided to us so that it remains accurate. You agree to keep your Credentials confidential and not provide them to or allow any third party to use your Credentials or Account. You are solely responsible for all use of your Account and your Credentials, whether it occurs with or without your knowledge. You agree that all uses of the identifier established for you during a registration or similar process will be attributed to and legally bind you and may be relied upon by us and any CD Third Party as being a use made by you, even if someone else used your identifier. “CD Third Party” means any third-party partner or service provider with whom we work to provide the Sites, Content, and any related services, or to pursue our mission including, but not limited to, their respective affiliates, officers, employees, partners, representatives, and agents. You agree to notify us immediately if you suspect any unauthorized use of your Account or Credentials or any other breach of security. You may not sell or otherwise transfer your Account. We have the right to cancel or suspend your Account for any reason or for no reason at any time, as determined in our sole discretion.
You may provide photographs, images, information, comments, data, text, or other materials, opinions or tips, all of which may be published or displayed (hereinafter, “posted”) in public areas of the Sites or transmitted to other users of the Sites or third parties, including, for example, third party websites and services like social media services that are integrated into or linked to the Sites (collectively, “User Contributions”). Your User Contributions are posted on the Site and transmitted to others at your own risk. We cannot control the actions of other users of the Sites or third parties with whom you may choose to share your User Contributions. Such third parties may have their own policies and terms that apply to your User Contributions, and we are not responsible for any third party’s policies or terms. We cannot and do not guarantee that unauthorized persons will not view your User Contributions.
You acknowledge, represent, and agree that all User Contributions that you post are provided voluntarily and that if you provide a User Contribution to any area of the Sites that is available to others, CD and CD Third Parties do not control and are not responsible for the use of your User Contribution by others. If you post your User Contributions on one of our online community Sites, such User Contributions are subject to the guidelines set out in Section 8 (Online Community Sites Guidelines). If you elect to submit, provide, or make available your User Contribution to CD, CD Third Parties, or the Sites, you:
(a) grant to us a worldwide, royalty-free, transferrable, sublicensable, non-exclusive, perpetual, irrevocable license under all of your intellectual property rights to make, use, copy, modify, adapt, create derivative works of, publicly perform or display, import, broadcast, transmit, distribute, license, publish, translate, offer to sell and sell, rent, lease or lend copies of your User Contribution (and derivative works thereof) in any form or medium (whether now known or later developed), without credit or compensation to you, and in CD or any CD Third Party’s sole discretion, to publish your name and other information about you in connection with your User Contribution;
(b) acknowledge and agree that, subject to applicable law, we may keep User Contributions indefinitely and disclose them for any purpose, including but not limited to: (i) comply with legal process; (ii) enforce these Terms; (iii) respond to claims that any User Contribution violates the rights of third parties; or (iv) without undertaking a duty to do so, protect the rights, property, or personal safety of CD, its users, and the public;
(c) acknowledge and agree that you receive no licenses to the Sites or Content except as expressly provided in these Terms. We are under no obligation to allow you to post your User Contributions on the Sites and may, in our sole discretion, use automated or other means to edit, block, refuse to post, or remove any User Contribution (including your User Contribution) at any time; and
(d) represent and warrant that you have the rights necessary to grant the rights in this Section and that your User Contributions do not infringe the rights of CD or any third party or violate these Terms or any applicable law.
If we suspect violations of the foregoing, we may institute legal action and cooperate with law enforcement authorities in bringing legal proceedings against violators. You are solely responsible for your User Contribution and any other User Contribution you provide to us or make available through the Sites. You are responsible for backing up your User Contribution and information that you upload to the Sites. To the extent applicable, you unconditionally and irrevocably waive (and to the extent that a waiver is not permissible under applicable law undertake not to assert) with respect to the User Contributions, all moral rights to which you may now or at any future time be entitled under applicable law.
CD TAKES NO RESPONSIBILITY AND ASSUMES NO LIABILITY FOR ANY USER CONTRIBUTION, INCLUDING LOSS OR DAMAGE RESULTING FROM YOUR RELIANCE ON INFORMATION OR OTHER MATERIALS CONTAINED IN USER CONTRIBUTIONS. UNDER NO CIRCUMSTANCES ARE YOU ENTITLED TO PAYMENT FOR YOUR USER CONTRIBUTIONS. ALL USER CONTRIBUTIONS ARE NON-CONFIDENTIAL AND NON-PROPRIETARY.
(a) General. You may provide to CD or a CD Third Party feedback, ideas, remarks, data, reports, surveys, or other suggestions regarding the Sites, Content, or any service of CD (“Feedback”). Separately, for the purposes including, responding to a request for proposal, seeking funding for a grant, proposing or otherwise providing information regarding actual or potential research, or for the general furtherance of our mission, you may submit to CD or a CD Third Party proposals, documents, communications, and associated materials (“Submissions”). You acknowledge, confirm, and agree that: (i) your Feedback or Submissions do not infringe or violate the rights of others or contain confidential or proprietary information of you or any third party; (ii) we are not under any obligations of confidentiality with respect to the Feedback or Submissions; (iii) we may freely use, reproduce, distribute, and otherwise exploit the Feedback or any Submission for any purpose; and (iv) you are not entitled to any compensation or funding of any kind from us for your Feedback or any Submission. You hereby grant to CD a worldwide, royalty-free, transferrable, sublicensable, non-exclusive, perpetual, irrevocable license under all of your intellectual property rights to make, use, copy, modify, adapt, create derivative works of, publicly perform or display, import, broadcast, transmit, distribute, license, publish, translate, offer to sell and sell, rent, lease or lend copies of your Feedback or any Submission (and derivative works thereof) in any form or medium (whether now known or later developed), without credit or compensation to you, and in CD or any CD Third Party’s sole discretion, to publish your name and other information about you in connection with your Feedback or Submissions. The foregoing license is in addition to any licenses (if any) that you may be required to provide under any separate agreement between us and you (including grants or other agreements).
(b) Communications Regarding Submissions. As related to any Submission, you may receive information, comments, feedback, recommendations, and/or other inquiries from CD or a CD Third Party (collectively, “Submission Comments”). Submission Comments are expressly subject to the disclaimers and limitations of liability in Sections 13-16. FOR THE AVOIDANCE OF DOUBT, SUBMISSION COMMENTS ARE SOLELY AND EXCLUSIVELY INTENDED TO FACILITATE CLEAR COMMUNICATION AND ASSIST THE FOUNDATION OR ANY FOUNDATION THIRD PARTY IN EVALUATING A SUBMISSION. SUBMISSION COMMENTS ARE NOT INTENDED IN ANY WAY TO PROVIDE DIRECTLY OR INDIRECTLY ADVICE, COUNSEL, OR GUIDANCE ON THE DESIGN AND/OR CONTENT OF A SUBMISSION AND CD AND ANY FOUNDATION THIRD PARTY TAKE NO RESPONSIBILITY FOR THE DESIGN, LEGAL OR REGULATORY COMPLIANCE, AND/OR CONTENT OF ANY SUBMISSION. YOU ARE COMPLETELY AND EXCLUSIVELY RESPONSIBLE FOR ALL ASPECTS OF ANY SUBMISSION AND ALL RELATED ACTIVITIES.
When you visit, join, or interact with any of our online community Sites, we expect that you will treat others with respect. These Sites are intended to provide space for meaningful, inclusive, and safe dialogue, and these Sites must not be used in a manner inconsistent with that purpose. In accordance with these Terms, you are solely responsible for your conduct and all of your User Contributions and for your compliance with the requirements of Section 3 (Restricted Use) above. Without limiting any of our rights or remedies under these Terms, we reserve the right to terminate your access to our Sites if you fail to interact with other users in a respectful or appropriate manner (for example, if you threaten, bully, or harass others, or if you intentionally spread false information). If you would like to report another user’s conduct, please contact us.
If you are a copyright owner and you believe your work has been copied and used improperly on the Sites, please contact our copyright compliance officer as outlined below. Pursuant to 17 U.S.C. § 512(c), to be effective, the notification to us must include the following information: (a) physical or electronic signature of a person authorized to act on behalf of the copyright owner; (b) description of the work you claim has been infringed and the description and location of the alleged infringement the Sites; (c) your contact information including address, telephone number and email address; (d) a written statement that you have a good faith belief the accused usage is infringing; and (e) a statement by you under penalty of perjury that the information in the notice is accurate and that you are duly authorized to act on behalf of the copyright owner.
Please note that under Section 512(f) of the Digital Millennium Copyright Act, any person who knowingly materially misrepresents that material is infringing may be subject to liability. If you are unsure whether material on the Sites is infringing, we suggest that you contact an attorney prior to sending notice. You may have similar rights under other local laws. Please also direct all such concerns to the address above.
The Sites may contain links to other websites and Sites that we think may interest you (collectively, “Linked Sites”). Linked Sites are not under the control of CD and CD is not responsible for Linked Sites, or for any information or materials on, or any form of transmission received from, any Linked Service. The inclusion of a link does not imply endorsement by CD of the Linked Sites or any association with the operators of the Linked Sites. The CD does not investigate, verify or monitor the Linked Sites. The CD provides links to Linked Sites for your convenience only. Linked Sites may have their own policies and terms and we are not responsible for any Linked Site’s policies or terms. You access Linked Sites at your own risk.
Please refer to our Privacy & Cookies Notice which describes our practices and policies related to the collection, use, and storage of personal data collected through the sites. You acknowledge and agree that you are solely responsible for the accuracy and content of your personal information.
CD provides users access through the Services to information relating to carbon projects. Users may choose to purchase carbon credits through the Services. Users may elect to purchase credits from project "portfolios" through CD. In that case, credits purchased will be retired from at least one of the projects listed in that portfolio. CD may purchase credits in advance from applicable registries to satisfy future orders placed through the Services, may group orders together, and purchase and retire verified carbon credits, or may, following receipt of an order, purchase or retire the identified carbon credits with the applicable registry on the user's behalf.
The price, project location, amount of carbon credit, and additional information will be made available through the Services at the time of your purchase. All purchases through the Services are subject to these Terms of Service. By purchasing carbon credits through the Services, you also agree to any additional information and terms provided at the time of purchase, and such information and terms are incorporated in these Terms of Service.
CD also uses proprietary methods to develop information relating to the validation of the respective credits of all CD Projects ("CD Project Information"). In developing CD Project Information, CD reviews project documentation including project descriptions provided on registry websites as well as applies our proprietary models to project boundaries as determined by files provided to us by the project developer. CD may provide access via the Services to certain CD Project Information, but unless expressly stated in an agreement between you and CD, CD does not commit to make available any particular CD Project Information in connection with a purchase or otherwise through the Services.
Although we endeavor to provide the most accurate CD Project Information possible, CD Project Information necessarily includes estimates and approximations, and information provided by registries, suppliers and other third parties, and we cannot guarantee the accuracy or reliability of the Project Monitoring Information. You acknowledge that we shall not be liable to you for any inaccuracy or inconsistency reflected in any CD Project Information you receive through the Services. Additionally, we reserve the right, in our sole discretion to narrow or modify the scope and nature of any project monitoring information made available with respect to CD Projects for which you have purchased carbon credits.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE SITES, CONTENT, SUBMISSION COMMENTS, AND USER CONTRIBUTIONS ARE PROVIDED “AS IS,” “WITH ALL FAULTS” AND “AS AVAILABLE” AND THE ENTIRE RISK OF USE AND PERFORMANCE REMAINS WITH YOU. THE FOUNDATION DOES NOT WARRANT THAT THE SITES, CONTENT, SUBMISSION COMMENTS, OR USER CONTRIBUTIONS CONTAIN ACCURATE INFORMATION OR WILL BE FREE FROM BUGS, DEFECTS OR ERRORS, OR ACCESSIBLE WITHOUT INTERRUPTION. THE FOUNDATION, FOUNDATION THIRD PARTIES, AND THEIR SELLERS AND SUPPLIERS DO NOT MAKE ANY REPRESENTATIONS, WARRANTIES, OR CONDITIONS, EXPRESS, IMPLIED, OR STATUTORY AND HEREBY DISCLAIM ANY IMPLIED WARRANTIES OF MERCHANTABILITY, MERCHANTABLE QUALITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, QUIET ENJOYMENT, OR NON-INFRINGEMENT. YOU MAY HAVE ADDITIONAL RIGHTS UNDER YOUR LOCAL LAWS THAT THESE TERMS CANNOT CHANGE. IN PARTICULAR, TO THE EXTENT LOCAL LEGISLATION IMPLIES STATUTORY TERMS WHICH CANNOT BE EXCLUDED, THOSE TERMS ARE DEEMED INCORPORATED INTO THIS DOCUMENT BUT THE FOUNDATION AND ANY FOUNDATION THIRD PARTY’S LIABILITY FOR A BREACH OF THOSE STATUTORY IMPLIED TERMS IS LIMITED IN ACCORDANCE WITH SECTIONS 14 (DISCLAIMER OF CERTAIN DAMAGES) AND 15 (LIMITATION OF LIABILITY AND EXCLUSIVE REMEDIES) TO THE EXTENT PERMISSIBLE UNDER THAT LEGISLATION.
IN NO EVENT WILL CD OR FOUNDATION THIRD PARTIES BE LIABLE FOR ANY CONSEQUENTIAL; SPECIAL; INCIDENTAL; INDIRECT; PUNITIVE DAMAGES; FOR LOSS OF PROFITS, BUSINESS, GOODWILL, ANTICIPATED SAVINGS, OR USE; LOSS OR CORRUPTION OF DATA, CONFIDENTIAL INFORMATION, OR OTHER INFORMATION; BUSINESS INTERRUPTION; PERSONAL INJURY; PROPERTY DAMAGE; LOSS OF PRIVACY; FAILURE TO MEET ANY DUTY OF GOOD FAITH OR REASONABLE CARE; NEGLIGENCE; AND ANY OTHER PECUNIARY OR OTHER LOSS WHATSOEVER, ARISING OUT OF, BASED ON, RESULTING FROM OR IN ANY WAY RELATED TO THE SITES, THE CONTENT, SUBMISSION COMMENTS, OR THESE TERMS, EVEN IF THE FOUNDATION OR FOUNDATION THIRD PARTIES HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW AND TO THE EXTENT THEY ARE NOT EXCLUDED OR DISCLAIMED UNDER SECTIONS 13 (DISCLAIMER OF WARRANTIES) OR 14 (DISCLAIMER OF CERTAIN DAMAGES) THE FOUNDATION AND FOUNDATION THIRD PARTIES’ MAXIMUM, AGGREGATE LIABILITY TO YOU, AND YOUR EXCLUSIVE REMEDY UNDER THESE TERMS FOR ANY AND ALL DAMAGES, INJURIES, AND LOSSES ARISING FROM ANY AND ALL CLAIMS AND CAUSES OF ACTION ARISING OUT OF, BASED ON, RESULTING FROM, OR IN ANY WAY RELATED TO THE SITES, THE CONTENT, USER CONTRIBUTIONS, SUBMISSION COMMENTS, OR THESE TERMS WILL BE AT OUR OPTION: (A) SUBSTITUTION, CORRECTION OR REPLACEMENT OF ALL OR PART OF THE CONTENT, SITES, OR SUBMISSION COMMENTS CAUSING YOUR DAMAGE (IF ANY); OR (B) THE AMOUNT OF YOUR DAMAGES THAT ARE NOT EXCLUDED AND WHICH YOU ACTUALLY INCUR IN REASONABLE RELIANCE, WHICH AMOUNT WILL BE THE LESSER OF THE AMOUNT YOU ACTUALLY PAID US FOR THE ITEM OR SERVICE CAUSING THE DAMAGE (IF ANY) OR THE AMOUNT OF SAID DAMAGES SO INCURRED. THE EXISTENCE OF MULTIPLE CLAIMS OR SUITS UNDER THESE TERMS OR RELATED TO THE CONTENT, SITES, USER CONTRIBUTIONS, OR SUBMISSION COMMENTS WILL NOT ENLARGE OR EXTEND THE LIMITATION OF MONEY DAMAGES.
SOME JURISDICTIONS DO NOT ALLOW EXCLUSIONS AND LIMITATIONS OF CERTAIN DAMAGES SUCH AS THE LIMITATION OF LOSS OR LIABILITY FROM INTENTIONAL ACTS (INCLUDING FRAUD, FRAUDULENT MISREPRESENTATION, AND FAILURE TO DISCLOSE DEFECTS), PRODUCT LIABILITY, OR FOR DEATH OR PERSONAL INJURY. NOTHING IN THESE TERMS WILL BE INTERPRETED AS EXCLUDING LIABILITY THAT CANNOT BE EXCLUDED UNDER APPLICABLE LAW. IF YOU LIVE OR ARE OTHERWISE SUBJECT TO THE LAWS IN ONE OF THOSE JURISDICTIONS ANY STATUTORY ENTITLEMENT AVAILABLE TO YOU WILL BE DEEMED LIMITED TO THE EXTENT (IF AT ALL) PERMISSIBLE UNDER THAT LAW AND, IF LIMITATION IS NOT PERMITTED, THE EXCLUSIONS IN THIS SECTION MAY NOT APPLY TO YOU.
The exclusion of damages under Section 14 (Disclaimer of Certain Damages) is independent of your exclusive remedy in Section 15 (Limitation of Liability and Exclusive Remedies) and it survives even if the exclusive remedy fails of its essential purpose or otherwise is deemed unenforceable. Each of the limitations of liability in Sections 14 and 15 apply without regard to whether loss, liability, or damage arise from (a) breach of contract, (b) breach of warranty, (c) fault or tort, including negligence and misrepresentation, (d) strict liability, or (e) any other cause of action, to the extent the exclusions and limitations are not prohibited by applicable law.
To the maximum extent allowed by applicable law, you agree to defend, indemnify, and hold harmless CD, CD Third Parties, its officers, employees, agents, partners, suppliers, affiliates, and licensors (“Indemnified Parties”), from and against all claims, suits, proceedings, losses, liabilities, and expenses, including attorneys’ fees and costs, whether in tort, contract or otherwise (“Claims”), relating to, arising from, or allegedly arising from (a) your use of the Sites, the Content, and/or any products or services provided by CD or CD Third Parties; (b) activities occurring under your Account; (c) any violation of these Terms; (d) User Contributions, Feedback, or Submissions; and (e) your violation of any other party’s rights or applicable law. You agree to cooperate fully in the defense of any of the foregoing. We reserve the right, at our own expense, to control exclusively the defense of any matter otherwise subject to indemnification by you and you will not settle any matter without our prior written consent in a non-electronic record. Your obligation to defend, indemnify, and hold harmless shall be limited to the extent that you are afforded sovereign immunity under applicable national federal, state or local laws. In such cases where your obligation to indemnify may be limited due to the requirements of national federal, state or local laws, you shall be responsible for the ordinary negligent acts and omissions of your agents and employees causing harm to persons not a party to these Terms.
Dispute Resolution by Binding Arbitration
Please read this section carefully as it affects your rights.
(a) Agreement to Arbitrate This Dispute Resolution by Binding Arbitration section is referred to in these Terms as the “Arbitration Agreement.” You agree that any and all disputes or claims that have arisen or may arise between you and CD, whether arising out of or relating to these Terms (including any alleged breach thereof, as well as any dispute related to this Arbitration Agreement), the Service, any advertising, or any aspect of the relationship or transactions between us, will be resolved exclusively through final and binding arbitration, rather than a court, in accordance with the terms of this Arbitration Agreement, except that you may assert individual claims in small claims court, if your claims qualify. You agree that, by entering into these Terms, you and CD are each waiving the right to a trial by jury or to participate in a class action. Your rights will be determined by a neutral arbitrator, not a judge or jury. The Federal Arbitration Act governs the interpretation and enforcement of this Arbitration Agreement.
(b) Prohibition of Class and Representative Actions and Non-Individualized Relief YOU AND CD AGREE THAT EACH OF US MAY BRING CLAIMS AGAINST THE OTHER ONLY ON AN INDIVIDUAL BASIS AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE ACTION OR PROCEEDING. UNLESS BOTH YOU AND PATCH AGREE OTHERWISE, THE ARBITRATOR MAY NOT CONSOLIDATE OR JOIN MORE THAN ONE PERSON’S OR PARTY’S CLAIMS AND MAY NOT OTHERWISE PRESIDE OVER ANY FORM OF A CONSOLIDATED, REPRESENTATIVE, OR CLASS PROCEEDING. ALSO, THE ARBITRATOR MAY AWARD RELIEF (INCLUDING MONETARY, INJUNCTIVE, AND DECLARATORY RELIEF) ONLY IN FAVOR OF THE INDIVIDUAL PARTY SEEKING RELIEF AND ONLY TO THE EXTENT NECESSARY TO PROVIDE RELIEF NECESSITATED BY THAT PARTY’S INDIVIDUAL CLAIM(S), EXCEPT THAT YOU MAY PURSUE A CLAIM FOR AND THE ARBITRATOR MAY AWARD PUBLIC INJUNCTIVE RELIEF UNDER APPLICABLE LAW TO THE EXTENT REQUIRED FOR THE ENFORCEABILITY OF THIS PROVISION.
(c) Pre-Arbitration Dispute Resolution CD is always interested in resolving disputes amicably and efficiently, and most customer concerns can be resolved quickly and to the customer’s satisfaction via email. If such efforts prove unsuccessful, a party who intends to seek arbitration must first send to the other, by certified mail, a written Notice of Dispute (“Notice”). The Notice to CD should be sent to 17 State Street, New York, NY 10004, Attn: Legal (“Notice Address”). The Notice must (i) describe the nature and basis of the claim or dispute and (ii) set forth the specific relief sought. If CD and you do not resolve the claim within sixty (60) calendar days after the Notice is received, you or CD may commence an arbitration proceeding. During the arbitration, the amount of any settlement offer made by CD or you will not be disclosed to the arbitrator until after the arbitrator determines the amount, if any, to which you or CD is entitled.
(d) Arbitration Procedures Arbitration will be conducted by a neutral arbitrator in accordance with the American Arbitration Association’s (“AAA”) rules and procedures, including the AAA’s Commercial Arbitration Rules (collectively, the “AAA Rules”), as modified by this Arbitration Agreement. For information on the AAA, please visit its website, http://www.adr.org. Information about the AAA Rules and fees for commercial disputes can be found at the AAA’s commercial arbitration page, https://www.adr.org/commercial. If there is any inconsistency between any term of the AAA Rules and any term of this Arbitration Agreement, the applicable terms of this Arbitration Agreement will control unless the arbitrator determines that the application of the inconsistent Arbitration Agreement terms would not result in a fundamentally fair arbitration. The arbitrator must also follow the provisions of these Terms as a court would. All issues are for the arbitrator to decide, including issues relating to the scope, enforceability, and arbitrability of this Arbitration Agreement. Although arbitration proceedings are usually simpler and more streamlined than trials and other judicial proceedings, the arbitrator can award the same damages and relief on an individual basis that a court can award to an individual under these Terms and applicable law. Decisions by the arbitrator are enforceable in court and may be overturned by a court only for very limited reasons. Unless CD and you agree otherwise, any arbitration hearings will take place in a reasonably convenient location for both parties with due consideration of their ability to travel and other pertinent circumstances. If the parties are unable to agree on a location, the determination will be made by AAA. If your claim is for $10,000 or less, CD agrees that you may choose whether the arbitration will be conducted solely on the basis of documents submitted to the arbitrator, through a telephonic hearing, or by an in-person hearing as established by the AAA Rules. If your claim exceeds $10,000, the right to a hearing will be determined by the AAA Rules. Regardless of the manner in which the arbitration is conducted, the arbitrator will issue a reasoned written decision sufficient to explain the essential findings and conclusions on which the award is based.
(e) Costs of Arbitration Payment of all filing, administration, and arbitrator fees (collectively, the “Arbitration Fees”) will be governed by the AAA Rules, unless otherwise provided in this Arbitration Agreement. Any payment of attorneys’ fees will be governed by the AAA Rules.
(f) Confidentiality All aspects of the arbitration proceeding, and any ruling, decision, or award by the arbitrator, will be strictly confidential for the benefit of all parties.
(g) Severability If a court or the arbitrator decides that any term or provision of this Arbitration Agreement (other than the subsection (b) above titled “Prohibition of Class and Representative Actions and Non-Individualized Relief” above) is invalid or unenforceable, the parties agree to replace such term or provision with a term or provision that is valid and enforceable and that comes closest to expressing the intention of the invalid or unenforceable term or provision, and this Arbitration Agreement will be enforceable as so modified. If a court or the arbitrator decides that any of the provisions of subsection (b) above titled “Prohibition of Class and Representative Actions and Non-Individualized Relief” are invalid or unenforceable, then the entirety of this Arbitration Agreement will be null and void, unless such provisions are deemed to be invalid or unenforceable solely with respect to claims for public injunctive relief. The remainder of these Terms will continue to apply.
(h) Future Changes to Arbitration Agreement Notwithstanding any provision in these Terms to the contrary, CD agrees that if it makes any future change to this Arbitration Agreement (other than a change to the Notice Address) while you are a user of the Service, you may reject any such change by sending CD written notice within thirty (30) calendar days of the change to the Notice Address provided above. By rejecting any future change, you are agreeing that you will arbitrate any dispute between us in accordance with the language of this Arbitration Agreement as of the date you first accepted these Terms (or accepted any subsequent changes to these Terms).
Governing Law and Venue These Terms will be governed by the laws of the State of New York, without regard to its conflict of laws provisions. With respect to any disputes or claims not subject to arbitration, you hereby agree to submit to the personal and exclusive jurisdiction of the state and federal courts located within the Southern District of New York.
NOTWITHSTANDING ANY PROVISION TO THE CONTRARY, IF FOR ANY REASON, ANY CLAIM OR CAUSE OF ACTION, OR ANY PROCEEDING OR OTHER LITIGATION OF ANY TYPE BROUGHT BY A PARTY AGAINST THE OTHER PARTY, BASED UPON, ARISING OUT OF, OR RELATED TO THE SITES, CONTENT, USER CONTRIBUTIONS OR THESE TERMS, WHETHER WITH RESPECT TO CONTRACT CLAIMS, TORT CLAIMS, OR OTHERWISE, PROCEEDS IN FEDERAL OR STATE COURT, THE PARTIES HEREBY WAIVE THEIR RESPECTIVE RIGHTS TO A TRIAL BY JURY. THIS WAIVER APPLIES TO ANY ADDITIONAL TERMS, SUBSEQUENT AMENDMENTS, RENEWALS, SUPPLEMENTS, OR MODIFICATIONS TO THESE TERMS.
The CD reserves the right to change these Terms at any time upon notice to you which may be provided any legally permissible means including by (a) updating these Terms and posting them on the Sites; or (b) emailing the address you provided in your Account. You agree to periodically review these Terms for changes. Updated Terms are binding on you as of the effective date indicated in our notice. Your continued use of the Sites after the effective date indicates your acceptance of the updated Terms, even if you have not reviewed them. If, at any time, you do not agree to the Terms, do not use the Sites.
We may deny or suspend access or terminate your use of the Sites in our sole and absolute discretion at any time and without prior notice. We may suspend or terminate the Sites and terminate these Terms, in our sole and absolute discretion at any time and without prior notice and take whatever action we deem necessary to preserve the integrity of the Sites and Content. Termination will not limit any of CD’s rights or remedies. Sections 4 (Ownership and Intellectual Property), 6 (User Contributions), 7 (User Feedback and Submissions), 9 (DMCA Copyright Notice and Takedown Policy), 10 (Linked Sites), 11 (Privacy Policy), 13 (Disclaimer of Warranties), 14 (Disclaimer of Certain Damages), 15 (Limitation of Liability and Exclusive Remedies), 16 (Important Notice Regarding Limitations), 17 (Independent Remedies), 18 (Indemnification), 19 (Governing Law and Exclusive Jurisdiction; Dispute Resolution), 21 (Termination), 22 (Notice to California Residents), 23 (Force Majeure), 24 (General Terms), and 25 (Notices) will survive termination. The foregoing does not impair the enforceability of additional agreements you enter into with us, such as an agreement for a grant.
BY USING THE SITES, YOU WAIVE YOUR RIGHTS WITH RESPECT TO CALIFORNIA CIVIL CODE SECTION 1542, WHICH SAYS, “A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS THAT THE CREDITOR OR RELEASING PARTY DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER FAVOR AT THE TIME OF EXECUTING THE RELEASE AND THAT, IF KNOWN BY HIM OR HER, WOULD HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR OR RELEASED PARTY.”
Please be aware that we are headquartered in the United States and that the Sites and Content are governed by United States law. If you are using the Sites or accessing the Content from outside of the United States, your information may be transferred to, stored, and processed in the United States or another location where our servers may be located. The CD makes no representation that the Sites or Content are appropriate or available for use in locations outside of the United States, and access to the Sites or Content from territories where the Sites or Content is illegal is prohibited. Those who choose to access the Sites and Content from locations outside of the United States do so on their own initiative and are responsible for compliance with applicable local laws. You may not use or export the Sites or Content in violation of United States export laws and regulations. If you use the Sites or access the Content outside of the United States you, (a) consent to the transfer, storage, and processing of your information to and in the United States; (b) will not access or use the Sites or Content if you are on the United States Treasury Department’s “Specially Designated Nationals and Blocked Persons List,” or are located in a country embargoed by the United States; and (c) agree to comply with all local laws, rules, and regulations including all laws, rules, and regulations in effect in the country in which you reside and the country from which you access the Sites or Content. The Sites and Content are not intended for distribution to, or use by, any person or entity in any jurisdiction or country where such distribution or use would be contrary to law or regulation, or that would subject CD or its affiliates to any registration requirement within such jurisdiction or country.
We are not liable or responsible to you and will not be in default or breach for any failure or delay in our performance when a failure or delay is caused by or results from acts or circumstances beyond our reasonable control, including acts of God, flood, fire, earthquake, explosion, governmental actions, war, invasion or hostilities (whether war is declared or not), terrorist threats or acts, riot or other civil unrest, national emergency, revolution, insurrection, epidemic, lockouts, strikes or other labor disputes (whether or not relating to our workforce), or restraints or delays affecting carriers or inability or delay in obtaining supplies of adequate or suitable materials, materials or telecommunication breakdown or power outage.
These Terms and any: (a) notices, terms, or other items incorporated herein; (b) additional terms and conditions contained on the Sites, as a part of your participation in a particular activity, or related to any Content; and (c) any additional consents or agreement provided by you on or in connection with the Sites or any Content, service or other activity, constitutes the entire agreement between you and CD regarding the Sites or the subject matter hereof. If any provision of these Terms is held by a court of competent jurisdiction to be illegal, invalid, or unenforceable, the remaining provisions will remain in full force and effect. You and CD intend that the provisions of these Terms be enforced to the fullest extent permitted by applicable law. Accordingly, you and CD agree that if any provision of these Terms is deemed unenforceable, where possible, it will be modified to the extent necessary to make it enforceable, which may include its deletion. Section titles are for convenience only and have no legal or contractual significance. Any list of examples following “including” or “e.g.,” is illustrative and not exhaustive, unless qualified by terms like “only” or “solely.” The CD may assign these Terms, in whole or in part, at any time with or without notice to you. You may not assign these Terms or assign, transfer, or sublicense any rights or delegate any duties hereunder. The CD’s failure to act with respect to a breach by you or others does not waive its right to act with respect to subsequent or similar breaches. A waiver will only be binding on CD if it is in a written document signed by CD. Both you and CD warrant to each other that, in entering these Terms, neither CD nor you have relied on, or will have any right or remedy based upon, any statement, representation, warranty, or assurance other than those expressly stated in these Terms. The preceding sentence will not limit or exclude any liability that cannot be limited or excluded under applicable law. No one other than you and CD, or CD’s successors and permitted assigns, will have any right to enforce any of these Terms. These Terms supersede all prior or contemporaneous representations, understandings, agreements, or communications between you and us, whether written or verbal, regarding the subject matter of these Terms.
The CD may give you all notices (including legal process) that CD is required to give by any lawful method, including by posting notice on the Sites or by sending it to any email or mailing address that you provide to CD. You agree to provide current and accurate contact information to CD and to check for notices posted on the Sites. You agree to send CD any notice (except for notices described in Section 9 (DMCA Copyright Notice and Takedown Policy) by mailing it to:
Mail: Carbon Direct
Attn: Legal
17 State Street New York, NY 10004
Email: legal@carbon-direct.com 2019-2022 Carbon Direct LLC. All rights reserved.
We use cookies and similar technologies to collect information and to personalize the site. By continuing to use this site, you consent to the placement of these cookies and similar technologies and to our privacy practices.
Carbon Direct LLC and its subsidiaries (“Carbon Direct”, “we” or “us”) are committed to the lawful, fair, and transparent collection and use of personal data. This notice is intended to help you understand how we collect and use your personal data, as well as how we share, store, and protect that data. If at any time you have questions about this notice, please let us know by contacting us at the information listed below in the section titled.
We may update this notice and any supplemental privacy notices to reflect changes in our practices and applicable law. We will post a notice of any material updates on our sites.
This notice applies to personal data we collect, including through this website, other CD registration or other website, mobile applications, online portals, electronic forms, surveys, interactive exhibits, and any other channel or mobile feature that we operate (collectively, “our sites”). In these instances, the CD is the controller responsible for your personal data.
This notice may be supplemented by a supplemental privacy notice applicable to a particular interaction with us, which may be either embedded in this notice or made available to you separately. We will tell you when a supplemental privacy notice applies.
This notice does not apply to any third-party sites that may link to, or be accessible from, our sites. We are not responsible for any of the content, features, functionality, or privacy practices of other linked sites or services. The data collection and use practices of any linked third-party site will be governed by that third party’s applicable privacy notice, statement, or policy, and its terms of use. We encourage you to read them.
We collect your personal data when you voluntarily provide it to us. For example, you may give us: your email address, country of residence, and areas of interest if you choose to receive newsletters, updates, or other information from us; your contact information, and any other personal data you choose to include, if you email, text, or instant message us, or contact us through our sites; and any personal data contained in, or included with, any proposal documents, feedback, comments, photos, videos, or other information you submit via online portals, forms, surveys, or interactive portions of our sites.
It is always your choice whether to provide this personal data. However, some personal data must be provided to participate in certain programs, activities, or events (such as to sign up for a newsletter, apply for a job, or register to participate in one of our events), so the decision not to provide information might limit or eliminate such functions of our sites or your ability to participate in such programs, activities, or events. Please do not disclose more personal data than is requested.
Do not provide personal data about others unless you are authorized or required to do so by contract or applicable law. You may provide personal data on behalf of another person if you have provided them with a copy of this notice and any applicable supplemental privacy notice, and obtained their explicit consent. We may ask you to provide evidence of that notice and consent.
We may receive personal data about you from other sources, including your company/organization, professional references, publicly-available sources, third-party analytics providers, and other third parties. For example, we may receive your personal data if: someone at your company/organization designates you as a contact person for that company/organization or includes information about you in proposal documents; another visitor includes it in any feedback, comments, photos, videos, or other information submitted via online portals, electronic forms, surveys, or interactive portions of our sites; or one of our employees or service providers provides or a third party acting on apparent authority provides it to us when registering you to access our facilities or our sites, apply for a job, or participate in one of our events.
If you make a donation or any purchase via the sites, the transaction may be handled by our service providers or third parties responsible for processing your transaction (“Payment Processors”). Please be aware that Payment Processors have their own privacy policies and those terms will apply to you regarding how that Payment Processor handles your personal data. Depending on your donation or purchase, it may be made via the sites or you may be re-directed to a third-party site for payment. If your donation or purchase is made via the sites, in order for the Payment Processor to process your transaction, we may require payment, credit card, or other credit-related information. If you are re-directed to a third-party site for your donation or purchase, please be sure to review any linked policies provided during payment processing as they will apply to you.
We may use third-party service providers to serve our advertisements across the Internet. These companies may use tracking technologies to collect information about your visits to our sites and other websites and your interaction with our advertising and other communications. Some advertisements may be personalized, meaning that they are intended to be relevant to you based on information collected about your visits to our sites and elsewhere over time. Other companies may also use such technology to advertise on our sites.
You have the choice to tell us not to collect and use this information, and in some jurisdictions, we will only engage in interest-based advertising if you opt-in. If you would like more information about this practice and to know your choices concerning interest-based advertisements, visit:http://www.networkadvertising.org/choices/www.aboutads.info/choicesIn Canada, please visit: http://youradchoices.ca/choices/In the EU, please visit: http://www.youronlinechoices.eu/
Data we collect automatically, including cookies, pixels, and similar technologies We may collect some personal data automatically. For example, when you visit our sites, we may collect your Internet Protocol (“IP”) address, Internet service provider (“ISP”) information, and browser type and language. We also may use cookies, pixels, and similar technologies to collect data about your interaction with our sites, including, for example, referring webpage, pages visited on our sites, and crash data. In addition, we may link the information we collect automatically or the information from any cookie or pixel with the information you provide in other contexts on our sites (newsletters, etc.) to personalize, connect and streamline your experience when visiting our sites. For example, this may include connecting your use of our site from your desktop, mobile, or other device.
We will not intentionally collect any “special categories of data” under the EU General Data Protection Regulation (GDPR), the UK General Data Protection Regulation (“UK GDPR”), or the Protection of Personal Information Act (“POPIA”) without your explicit consent for one or more specified purposes or as otherwise permitted or required by applicable law. Special categories of data include personal data (a) revealing racial or ethnic origin, political opinions, religious or philosophical beliefs, or trade union membership; or (b) concerning health or data concerning a natural person’s sex life or sexual orientation.
Our sites are not intended for minors (individuals under the age of 13, or equivalent minimum age depending on jurisdiction), and we do not knowingly collect personal data from minors. If you become aware of any personal data we have collected from a minor, please contact us. If we learn that we have collected personal data from a minor, we will take steps to delete the data without notice as soon as possible.
We may use your personal data to: send you information that you have expressly chosen to receive; review and respond to proposal documents, feedback, comments, photos, videos, or other information you submit via online portals, electronic forms, surveys, or interactive portions of our sites; administer and inform our program strategies; administer, safeguard, and improve our sites, systems, facilities, events, and other business operations; protect our rights and the safety of others; contribute to our archive of information in the public interest; and/or comply with applicable law, court order, subpoena, or legal process served on us.
Additional purposes for using your personal data may be described in a supplemental privacy notice.
If you are in the European Economic Area (EEA), the United Kingdom (UK) or South Africa, we will collect and use your personal data only if we have one or more legal bases for doing so under the GDPR, UK GDPR, or POPIA. The legal bases depend on your interaction with us and our sites. This means we collect and use your personal data only where: you have given your consent for one or more specific purposes; it is necessary to perform a contract we are about to enter into or have entered into with you; it is necessary for our legitimate interests (or those of a third party) and your interests and fundamental rights do not override those interests; it is necessary to protect the vital interests of you or another natural person; or it is necessary to comply with a legal obligation. We will indicate the legal basis or bases on which we are relying for each purpose. Where we are relying on consent as the legal basis, we will notify you and seek additional consent before using your personal data for a new purpose that is inconsistent with the original purpose for which we collected it.
We may share your personal data with our employees, agents, and affiliates who have a business need to know, our services providers (including contingent workers, consultants, contractors, vendors, and out-sourced service providers) to process it for us based on our instructions and for no other purpose, and with partners that are collaborating with us to fund projects or host events. We do not share your personal data with any third party (including our service providers) for marketing purposes unless you have provided consent for us to do so. If you believe personal data you provided to us is being misused by a third party, please contact us right away.
If you submit feedback, comments, photos, videos, or other information to interactive portions of our sites, such submission may be made publicly available to anyone who visits those areas of our sites. Other visitors may access, re-post, or use such submission. Even if you remove or delete your submission, copies may remain in cached or archived areas of our sites or retained by other visitors. Please use your discretion when submitting personal data in these contexts.
We may share your personal data with law enforcement, other government agencies or authorities, or third parties as required by applicable law, court order, subpoena, or legal process served on us.
Your personal data may be stored in your region or in any other country where we or our service providers have facilities. We may also allow employees and service providers located around the world to access personal data as provided in this notice. If your personal data is subject to GDPR, UK GDPR, or POPIA, we will ensure your legal rights and protections travel with any such “transfer” of your personal data as required by applicable law. We do this by signing “standard contractual clauses” approved by the European Commission that give personal data the same protection it has in the European Union, and/or otherwise requiring that our service providers protect personal data in accordance with applicable law. We will also comply with similar applicable laws regarding the storage and transfer of personal data in other jurisdictions where your personal data may be collected or provided.
We will store your personal data until it is no longer needed to fulfill the purpose(s) for which it was collected or as otherwise required or permitted by law. After such time, we will either delete or anonymize your personal data or, if this is not possible, we will securely store your personal data and isolate it from any further use until deletion is possible. We may dispose of any data in our discretion without notice, subject to applicable law. Please contact us if you would like more details regarding our retention periods for different categories of personal data.
As the transmission of data via the internet is not completely secure, we cannot guarantee the security of your information transmitted to our sites and any such transmission is at your own risk. However, we maintain appropriate technical and organizational measures, including performing regular self-assessments, to prevent unauthorized disclosure of, or access to, personal data. We limit access to personal data and require that employees authorized to access personal data maintain the confidentiality of that data.
Generally, newsletters, auto-generated emails, and updates from us will include links to access, correct, or delete your personal data and to manage any subscriptions directly. If you wish to obtain confirmation that we hold personal data about you, access, correct, or delete your personal data, withdraw any consent you previously provided to us, or object to or restrict our processing of your personal data in any other context, please contact us. We will respond to all legitimate requests within 30 days.
If you do not wish to receive promotional communications from us, you can opt-out by following the instructions contained in the messages you receive. Even if you opt-out of receiving these promotional communications, we reserve the right to send you certain communications relating to our sites, including administrative messages. We do not offer you the opportunity to opt-out of receiving those communications. For more information about interest-based advertising, including how you can manage advertising, please see above “Interest-based advertising.”
To the extent provided by applicable laws (including the GDPR, UK GDPR, and POPIA), you also may have the right to deactivate, block, anonymize, or delete personal data as appropriate; request and receive a copy of the personal data you have provided us and to transmit this data to a third party; and lodge a complaint with the applicable data protection authority.
To exercise any of these rights that you are not able to do directly, please contact us.
When you register to participate in a CD event, we will ask you to provide your name, company/organization, professional title, email address, phone number, emergency contact name and phone number, and any dietary or disability-based accommodation needs. In addition, if you participate as a presenter, panelist, or facilitator at the event, we may collect your photograph and presentation materials. We may also collect feedback and evaluations about you as a presenter, panelist, or facilitator. We may also collect other optional information. We will indicate on the event registration materials which data is required. Please contact us if you have any questions about why certain data is required.
For some large events, you may have the option to download a mobile application (each, a “mobile app”) for participant communication and information sharing. When you download a mobile app, the app store may require the device identifier associated with your device, but neither we nor our mobile app provider will collect any personal data through the mobile app.
For some events and participants, we may offer to book your travel/hotel, arrange ground transportation, or reimburse certain out-of-pocket expenses. If so, we may ask you to provide your full name, gender, date of birth, home airport, airline and seat preference, frequent flyer number, global entry number, special meal needs, hotel preference, and any other travel-related information. If booking international travel, we may ask you to provide your passport number, passport expiration date, and passport country of issuance. If arranging ground transportation, we may ask you to provide your flight arrival/departure information and mobile phone number. If reimbursing expenses, we may ask you to provide your bank account number and other personal data required to transfer funds to you.
We frequently take photos and record audio and/or video in public areas of our events. If so, we may make and store photographs containing your likeness and recordings of your voice and likeness. We may associate your image and the sound of your voice with your name if you are identified during the recording or identify yourself by name.
When you participate in our job application process, we will ask you to provide personal data such as: your name, email address, mailing address, and telephone number; your resume/CV, work experience, educational history, and skills; links to any relevant websites or your LinkedIn profile; whether you are legally authorized to work in the country in which the position you have applied for is located; whether you will require sponsorship to obtain legal authorization to work in a particular country; whether you are 18 years or older; and whether you are currently working for a grantee of ours. In addition, we will ask you to voluntarily provide information regarding your gender, veteran status, ethnicity, and disability status. This information, or your decision not to provide this information, will not impact your application in any way.
Before uploading a resume, please remove any sensitive personal data such as government-issued ID numbers, financial information, photos, dates of birth, etc. We do not require or wish to receive sensitive personal data in a resume.
We may receive personal data about you from other sources, your references, prior employers, a person or company/organization authorized by you to submit an application on your behalf, and/or publicly-available sources.
If we think you might be a good fit for a position, we may ask you to authorize us to obtain a consumer report or investigative consumer report. A consumer report is a report on credit worthiness, credit standing, credit capacity, character, general reputation, personal characteristics, or mode of living which is used as a factor in establishing an applicant’s eligibility for employment. An investigative consumer report is similar, but the information is obtained through personal interviews with neighbors, friends, associates, or acquaintances. Both kinds of reports may include information from court, administrative, or criminal records if and to the extent permitted by applicable law. If you choose not to provide this authorization upon request, we will not be able to offer you employment.
In addition to the uses specified under the Privacy & Cookies Notice, we may use personal data we collect in this context to: identify and contact applicants; evaluate applicants and make hiring decisions; match applicants to other career opportunities within the; prepare applicants for employment if a job has been offered and accepted; keep records related to our hiring practices; comply with applicable employment-related laws such as checking names against anti-terrorism lists, complying with immigration restrictions, assisting the government in an investigation, or to comply with legal obligations. If you are hired as a CD employee, this information may be used for additional employment and business purposes subject to any internal privacy policies and notices.
We believe our employees should reflect the rich diversity of the global populations we aim to serve, and we support this diversity through all our employment practices. Accordingly, we ask applicants to provide information regarding their gender, veteran status, and ethnicity. If you choose to provide this information, we will keep it separate from your application and use it solely for the purpose of monitoring, informing, reporting on our diversity efforts, and for the purposes of complying with our obligations under employment law to monitor the equality of our employment practices. We process criminal offence data in the context of a consumer report, or consumer investigative report and for the purposes of complying with our obligations to provide a safe workplace for our employees and guests.
We may share your personal data with service providers (including recruiters and other third parties) that assist us with recruiting, application, and employment processes and our affiliates and other third parties with whom you might work if you are offered and accept the job.
We store personal data of all applicants in accordance with the Privacy & Cookies Notice. If you accept a job with us, we may retain your application and any other information we relied on during the application process as part of your employee file. Please note that we have the right to delete accounts and application information at any time, so you may want to retain copies of any information, including resumes/CVs, you provide to us during the application process.
This notice describes the different types of cookies and similar technologies we may use in connection with our sites. Unless you have adjusted your browser setting so that it will refuse cookies, cookies may be issued when you visit our sites. For more information, see managing cookies and similar technologies below. By continuing to use our sites, you consent to the relevant cookies and similar technologies being placed on your computer or device.
Our sites may use cookies, which are small text files stored on your computer or device when you access a website. More information about cookies is available at www.aboutcookies.org. We may use cookies to: (1) allow you to use the sites without having to re-enter your user name and password; (2) understand how you engage with the sites and to enhance or personalize your experience, including across devices; (3) monitor the site usage; (4) manage the sites; and (5) improve the sites and our services, including providing you with interest-based ads. For more information on our advertising, see above: “Interest-based advertising."
We may also use web beacons on our sites, in our emails, and in our advertisements on other websites. Web beacons are tiny graphic images that are used to collect information about your visit to our sites, such as the pages you view and the features you use, as well as information about whether you open and/or act upon one of our emails or advertisements. We may also collect the URL of the website you visited immediately before coming to our sites. Web beacons help us analyze our site visitors' behavior and measure the effectiveness of our sites and our advertising. We may work with service providers that help us track, collect and analyze this information.
If you “opt in” to receive newsletters, updates, or other information from us, our emails may use a “click-through URL” linked to content on our sites. When you click one of these URLs, they pass through a separate web server before arriving at the destination page on our sites. We use this click-through data to help us understand how recipients respond to, or interact with, our emails.
We use third-party analytics services, including Google Analytics and others, to collect information about your use of our sites and enable us to improve our sites. You can learn about Google’s practices by going to www.google.com/policies/privacy/partners. Google Analytics and other third-party analytics services use cookies and similar technologies to collect information about use of our sites and to report website trends to us, without identifying individuals to us. We use this information to see the overall patterns of usage on our sites, help us record any difficulties you have with our sites, and tell us whether our communication efforts are effective. We may also link the information provided by third party analytics services with the information we collect, or you provide in other contexts on our site (newsletters, etc.), to personalize, connect and streamline your experience when visiting our sites.
If you choose to share our digital content with friends through social networks, such as Facebook and Twitter, or to watch a video posted to a third-party media site (such as YouTube), you may be sent cookies from these third-party websites. We do not control the setting of these cookies, so please check the third-party websites for more information about their cookies and how to manage them.
You do not need to have cookies enabled to browse our sites unless you want us to remember you and your preferences when you return. If you prefer not to allow cookies, most cookies can be managed or blocked through your browser. However, if your browser is set to reject cookies or you manually delete cookies, you may have some trouble accessing and using some of the pages and features that are currently on our sites, or that we may put on our sites in the future. Note that browser-management tools for cookies are outside of our control and we cannot guarantee their effectiveness.
If you prefer not to be tracked in this way, please do not click text or graphic links in emails you receive from us.
You can opt out of data collection or use by Google and other third-party analytics services we may use on some of our sites.
There is no standard for how online service should respond to “Do Not Track” signals or other mechanisms that may allow you to opt out of the collection of information across networks of websites and online services. Therefore, we do not honor “Do Not Track” signals. As standards develop, we will revisit this issue and update this notice if our practices change. More information about Do Not Track is available at www.allaboutdnt.org.
Mail: Carbon Direct
Attn: Legal
17 State Street New York, NY 10004
Email: legal@carbon-direct.com
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