Terms and Conditions for obtaining the Planet Positive Event sustainability assessment through the use of the Automated Assessment Tool (AAT)
These Terms and Conditions are describing your rights and conditions in using the Planet Positive Event automated assessment tool. ARCTUR RAČUNALNIŠKI INŽENIRING d.o.o. (from hereinafter referred to as the “ARCTUR”) is the initiator and author of the source code of the Automated Assessment Tool (AAT), as well as co-owner of the content of the Planet Positive Event together with TOLERANCA MARKETING d.o.o. (from hereinafter referred to as the “TOLERANCA”).
These Terms and Conditions also describe your rights and the conditions upon which you may use the PPE Automated Assessment Tool (from hereinafter referred to as the “PPE AAT”, the “AAT” or the “tool” meaning both, the content and the technical aspect). You should review the entire Terms and Conditions, including any supplemental license terms that accompany the tool and any linked terms, because all the terms are important and together create the rights that apply to you. You can review linked terms by pasting the applicable link into a browser window.
By accepting these Terms and Conditions or using the tool, you agree to all of the hereinunder stated provisions and agree to the collection, storage and processing of the data, including personal data, that you will provide when using the tool, all in accordance with the Section 4, 5, and 6 of these Terms and Conditions. If you do not accept and comply with these terms, you are not allowed to use the tool or its features.
- Overview
These Terms and Conditions apply to the:
Tool, any fonts, icons, images or sound files included with the tool, and also any updates, upgrades, supplements or services for the tool, unless other terms come with them.
Any supplemental documents that are used alongside tool and can come in different formats (.doc, .xls, .pdf etc.).
- Introductory findings
Planet Positive Event was developed in cooperation between Toleranca marketing d.o.o. and Arctur d.o.o.
Planet Positive Event was developed to address pressing challenges event organisers face on their path to sustainable transformation. The platform comprises know-how, curated content and a digital tool that enables event organisers to calculate the event’s sustainability rating, carbon footprint, an event report and a certificate evaluated by independent external assessors, as demanded by the CSRD Directive on corporate sustainability reporting.
Toleranca marketing d.o.o. is the official provider of the Planet Positive Event platform in Slovenia and abroad. The platform comprises the intellectual knowledge and content owned by Toleranca marketing and the digital tool (AAT) owned by Arctur d.o.o.
Clients of Planet Positive Event’s services can be any legal entity or event organiser who registers their interest and orders one of the packages on the website http://www.planet-positive-event.eu or via e-mail.
Before using the platform services, the partner must check whether the services suit their specific needs. The platform and corresponding services are sold “as is”. The provider is not responsible for the credibility or accuracy of information acquired from event organisers or third parties that process the data.
- Rights and Feedback
ARCTUR is the author and sole owner of the source code of the Automated Assessment Tool and all accompanying modules and retains exclusive copyright thereon in all cases, as well as co-owner of the content of the PPE AAT. Toleranca Marketing co-authored the content of the PPE.
Toleranca Marketing and ARCTUR reserve all rights for the use of the tool only for the use in the PPE AAT. All information and material, both written and graphic, of the tool is, to the extent permitted by law, the subject of copyright or otherwise protected intellectual property of the PPE AAT and ARCTUR.
The use of tool does not give you any right to, and you may not:
- use or virtualize features of the tool separately,
- publish, copy, rent, lease, or lend the tool,
- publish, share or give any personal data used in accessing the tool (e.g. contact details, passwords …),
- distribute or commercially exploit the tool without express written permission from ARCTUR,
- store or transfer the tool,
- work around any technical restrictions or limitations in the tool,
- use the tool as server tool, for commercial hosting, make the tool available for simultaneous use by multiple users over a network, install the tool on a server and allow users to access it remotely, or install the tool on a device for use only by remote users,
- reverse engineer, decompile, or disassemble the tool, or attempt to do so, except if the laws where you live (or, if a business, where your principal place of business is located) permit this even when this agreement does not. In that case, you may do only what your law permits,
- when using Internet-based features you may not use those features in any way that could interfere with anyone else’s use of them, or to try to gain access to or use any service, data, account, or network, in an unauthorized manner.
You are strongly encouraged to share any idea, proposal, suggestion or feedback about the tool primarily with ARCTUR and not disclose any information regarding the functioning and features of the tool to a third party.
- Use of non-personal and aggregated data and trade secrets
The tool collects non-personal data.
Non-personal data are used to provide tool features (e.g., automatically generated report).
By accepting these Terms and Conditions you are familiar with and you agree that:
During your use of the tool, you will be required to disclose information that may constitute a trade secret, with the disclosure of such information being necessary for the performance of the tool (e.g. generating the report).
It is specified, in the context of the performance of the tool, that limited number of the employees of the PPE AAT strategic partners and ARCTUR, have access to the collected non-encrypted and non-anonymized non-personal data and have an obligation to use such data in accordance with the provisions of the applicable legislation in terms of trade secret and data protection.
Non-personal data collected on the basis of your explicit consent will be stored by ARCTUR, the authors of the tool, in an electronic database. ARCTUR is responsible for sharing the collected non-personal data with Toleranca Marketing.
The raw non-personal data will not be used in any other way that is not compatible with these purposes.
Aggregated and/or anonymised data will be used for statistical purposes. Only aggregated and/or anonymised data might be shared as open data.
- Privacy and personal data protection
- About us
Toleranca Marketing assumes the role of controller and ARCTUR assumes the role of processor as per the Regulation (EU) 2016/679 of the European Parliament and of the Council of 27 April 2016 on the protection of natural persons with regard to the processing of personal data and on the free movement of such data, and repealing Directive 95/46/EC (hereinunder referred to as the “GDPR”).
By taking proper measures, Toleranca Marketing and ARCTUR ensure that unauthorised persons do not access your personal data, protects its confidentiality and integrity, and prevents its loss or unintentional destruction throughout the entire time of the processing.
Contact information about Toleranca Marketing :
Address: Štihova ulica 4, 1000 Ljubljana, Slovenia
Email: gorazd.cad@toleranca.eu
Data protection officer: Natalija Bah Čad
In case you have a complaint, you can contact the above listed Data Protection Officers or the Slovenian Data Protection Agency (https://www.ip-rs.si/en/).
By accepting these Terms and Conditions you are familiar with and you agree that:
The personal data will be collected and used for the purposes of providing services and implementing action as outlined within the PPE AAT (including but not limited to contacting the user in relation to their assessment of the sustainability ranking of their event with the use of the PPE AAT, preparing a report on the results of the PPE AAT, informing the user about other thematically related activities of Toleranca Marketing through news on the Planet Positive Event website, for the performance of the tool (including but not limited to provide access to the tool and activate content, to ensure that the tool is presented in the most effective manner for you and for your computer or other device from which you access the tool, to protect you from an unauthorized use of the account you use in accessing the tool and against fraud), to improve or modify the tool, for tax and legal purposes, for the accountability purposes as defined by EU legislation (GDPR), and for reporting indicators and implementing activities to European and national supervisory authorities.
It is specified, in the context of the performance of the tool, that limited number of employees of the PPE AAT project consortium partners and ARCTUR have access to the collected non-encrypted and non-anonymized personal data (first name, surname, email address, phone number, job title etc.) and have an obligation to use such data in accordance with the provisions of the applicable legislation in terms of data protection.
The personal data will not be used in any other way that is not compatible with these purposes.
- What personal data do we collect?
Personal data means any information relating to an identified or identifiable natural person (‘data subject’); an identifiable natural person is one who can be identified, directly or indirectly, in particular by reference to an identifier such as a name, an identification number, location data, an online identifier or to one or more factors specific to the physical, physiological, genetic, mental, economic, cultural or social identity of that natural person regardless of the form in which they are manifested.
When using the tool following categories of personal data may be collected to the extent necessary to achieve the purposes outlined in these Terms and Conditions:
- identification data (first name, surname, IP address, cookies, username, password,),
- contact data (email address, phone number),
- personal information (job title) etc.
- How and for how long will we be storing your personal data?
Personal data collected on the basis of your explicit consent will be stored by ARCTUR, the authors of the tool, in an electronic database. ARCTUR is responsible for sharing the collected personal data with Toleranca Marketing.
The collected personal data can be kept in a database until your withdrawal of consent or for as long as it is necessary to achieve the purpose for which your personal data is being processed.
- Processing and usage of your personal information
Under the Regulation (EU) 2016/679 on the protection of natural persons with regard to the processing of personal data (GDPR), your personal data can be managed, collected and processed only:
Based on your explicit written or digital consent by accepting these Terms and Conditions;
- processing is necessary for the performance of a contract to which the data subject is party or in order to take steps at the request of the data subject prior to entering into a contract;
- processing is necessary for compliance with a legal obligation to which the controller is subject;
- processing is necessary in order to protect the vital interests of the data subject or of another natural person;
- processing is necessary for the performance of a task carried out in the public interest or in the exercise of official authority vested in the controller;
- processing is necessary for the purposes of the legitimate interests pursued by the controller or by a third party, except where such interests are overridden by the interests or fundamental rights and freedoms of the data subject which require protection of personal data, in particular where the data subject is a child.
Point (f) of this subparagraph shall not apply to processing carried out by public authorities in the performance of their tasks.
- Withdrawal of consent for processing personal data
You have the right to withdraw your consent for the processing of personal data for one or all of the purposes for the processing of personal data at any time according Article 7 GDPR.
You have the right to withdraw your consent with the “Withdrawal of consent declaration” to data controller.
The written declaration for the withdrawal of consent can be sent to our address or our e-mail address:
e-mail: weare@planet-positive-event.eu
Address: Štihova ulica 4, 1000 Ljubljana, Slovenia
- Your rights as data subjects
As data subject, you have the following rights with respect to personal data we hold about you, subject to applicable legal restrictions:
- Right to erase and rectify inaccurate personal data:
You have the right to ask the controller to correct or supplement inaccurate personal data related to you. You have the right to request immediate erasure of your personal data processed by processor. In case of correction, addition or deletion of personal information controller must inform you without delay.
- Right to restrict the processing of personal data:
You have the right to demand restriction of processing your personal data in the event of their inaccuracy, illegality, termination of the purpose of the processing or the submission of an objection.
- The right to data portability:
You have the right to request from the processor to provide you with personal data that he processes in relation to you.
You have the right to request from the processor to forward personal data that he processes in relation to you another controller and/or processor.
- Right to object:
In addition to the right to revoke consent, you may, object to all or part of the processing of your personal data, when legally allowed.
You can request all rights by written request to the controller. You can send your request by mail to our address or e-mail address in this document.
- The right to access your personal data:
You have the right to obtain confirmation from the processor whether any personal data are processed in relation to you and gain access to the personal data related to you as well as to the following information: the purpose of the processing, the type of personal data, the users of your personal data, the estimated period of retention of personal data, personal data source.
- Personal data breaches:
In case your personal data is breached, you will be notified immediately.
In the event of a personal data breach, we will notify within the 72 hours after being informed of the personal data breach, the personal data breach to the supervisory authority competent in accordance with Article 51, 55 GDPR, unless the personal data breach is unlikely to result in a risk to the rights and freedoms of natural persons. This is Information commissioner.
- Right to withdraw consent:
If the processing of your personal data is based on your consent, you may withdraw such consent at any time. You may withdraw the consent in the same way as you provided it (e.g. electronically) or send email to: info@arctur.si or according to the provisions of the Section 4 paragraph E of these Terms and Conditions.
- Important information regarding the processing of your personal data:
We undertake to process all of the collected data only within the scope of the listed purposes for handling or processing of personal data and in compliance with the Personal Data Protection Act and other applicable regional legislation as well as in compliance with GDPR.
- Legal bits and pieces
- Changes
We reserve the right, at our sole discretion, to modify or replace these Terms and Conditions at any time. If a revision is material we will try to provide at least 30 days’ notice prior to any new terms taking effect. What constitutes a material change will be determined at our sole discretion.
If any of these Terms and Conditions are deemed invalid or unenforceable for any reason (including, but not limited to the exclusions and limitations set out above), then the invalid or unenforceable provision will be severed from these terms and the remaining terms will continue to apply. Failure to enforce any of the provisions set out in these Terms and Conditions, or failure to exercise any option to terminate, shall not be construed as waiver of such provisions and shall not affect the validity of these Terms and Conditions or any part thereof, or the right thereafter to enforce each and every provision. These Terms and Conditions shall not be amended, modified, varied or supplemented except in writing.
- The English version of the agreement applies
If these Terms and Conditions are translated into another language, the translation is for reference only and the English version will apply. By accepting these Terms and Conditions or using the tool, you confirm that you understand English language and agree to communicate with ARCTUR and Planet Positive Event in English language as far as the legal relations arising under these Terms and Conditions are concerned including with respect to submitting and resolving any complaints.
- Governing law and jurisdiction
These Terms and Conditions shall be construed according to and governed by the laws of Slovenia, excluding the conflict of law provisions. The courts of Ljubljana shall have exclusive jurisdiction.
Date: 04.05.2024