We are very pleased about your interest in our company. Data protection is of a particularly high priority for the management of GLOBAL CLIMATE® GmbH. The use of the Internet pages of the GLOBAL CLIMATE® GmbH is possible without any indication of personal data. However, if a data subject wants to use special services of our enterprise via our website, processing of personal data could become necessary. If processing of personal data is necessary and there is no legal basis for such processing, we will generally obtain the consent of the data subject.
The processing of personal data, such as the name, address, e-mail address, or telephone number of a data subject shall always be in line with the General Data Protection Regulation, and in accordance with the country-specific data protection regulations applicable to the GLOBAL CLIMATE® GmbH. By means of this data protection declaration, our company would like to inform the public about the type, scope and purpose of the personal data we collect, use and process. Furthermore, data subjects are informed of their rights by means of this data protection declaration.
As the controller, the GLOBAL CLIMATE® GmbH has implemented numerous technical and organizational measures to ensure the most complete protection of personal data processed through this website. Nevertheless, Internet-based data transmissions can always be vulnerable to security risks, so that absolute protection cannot be guaranteed. For this reason, every data subject is free to transmit personal data to us by alternative means, for example by telephone.
The data protection declaration of the GLOBAL CLIMATE® GmbH is based on the notions used by the European Directive and Ordinance when issuing the Data Protection Regulation (DS-GVO). Our data protection declaration should be easy to read and understand for the public as well as for our customers and business partners. To ensure this, we would like to explain the terminology used in advance.
We use the following terms, among others, in this data protection declaration:
a) personal data
Personal data is any information relating to an identified or identifiable natural person (hereinafter "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.
b) Data subject
Data subject means any identified or identifiable natural person whose personal data are processed by the controller.
Processing means any operation or set of operations which is performed upon personal data, whether or not by automatic means, such as collection, recording, organization, filing, storage, adaptation or alteration, retrieval, consultation, use, disclosure by transmission, dissemination or otherwise making available, alignment or combination, restriction, erasure or destruction.
d) Restriction of processing
Restriction of processing is the marking of stored personal data with the aim of limiting their future processing.
Profiling is any type of automated processing of personal data that consists of using such personal data to evaluate certain personal aspects relating to a natural person, in particular to analyze or predict aspects relating to that natural person's job performance, economic situation, health, personal preferences, interests, reliability, behavior, location or change of location.
Pseudonymization is the processing of personal data in such a way that the personal data can no longer be attributed to a specific data subject without the use of additional information, provided that such additional information is kept separate and is subject to technical and organizational measures to ensure that the personal data cannot be related to an identified or identifiable individual.
g) Controller or data controller
The controller or person responsible for processing is the natural or legal person, public authority, agency or other body which alone or jointly with others determines the purposes and means of the processing of personal data. Where the purposes and means of such processing are determined by Union or Member State law, the controller or the specific criteria for its designation may be provided for under Union or Member State law.
Processor means a natural or legal person, public authority, agency or other body which processes personal data on behalf of the Controller.
Recipient means a natural or legal person, public authority, agency or other body to whom personal data are disclosed, whether or not a third party. However, public authorities that may receive personal data in the context of a specific investigative task under Union or Member State law shall not be considered as recipients.
j) Third Party
Third party means a natural or legal person, public authority, agency or other body other than the data subject, the controller, the processor and the persons authorized to process the personal data under the direct responsibility of the controller or the processor.
Consent shall mean any freely given indication of the data subject's wishes for the specific case in an informed and unambiguous manner, in the form of a declaration or any other unambiguous affirmative act by which the data subject indicates that he or she consents to the processing of personal data relating to him or her.
2. Name and address of the controller
The controller within the meaning of the General Data Protection Regulation, other data protection laws applicable in the Member States of the European Union and other provisions of a data protection nature is:
GLOBAL CLIMATE® GmbH
Altan Günsoy, tax consultant
Phone: +49 89 693115100
3. Name and address of the data protection officer
The data protection officer of the controller is:
GLOBAL CLIMATE® GmbH
Phone: +49 89 693115100
GLOBAL CLIMATE GmbH
Any data subject may at any time contact our data protection officer directly with any questions or suggestions regarding data protection.
The company's data protection officer can be contacted at the above business address and at firstname.lastname@example.org.
4. Collection of general data and information
Change cookie selection
The website of the GLOBAL CLIMATE® GmbH collects a series of general data and information each time a data subject or automated system calls up the website. This general data and information is stored in the log files of the server. The following data may be collected: (1) the browser types and versions used, (2) the operating system used by the accessing system, (3) the website from which an accessing system accesses our website (so-called referrer), (4) the sub-websites that are accessed via an accessing system on our website, (5) the date and time of an access to the website, (6) an Internet protocol address (IP address), (7) the Internet service provider of the accessing system and (8) other similar data and information that serve to avert danger in the event of attacks on our information technology systems.
When using these general data and information, the GLOBAL CLIMATE® GmbH does not draw any conclusions about the data subject. Rather, this information is needed (1) to deliver the content of our website correctly, (2) to optimize the content of our website and the advertising for it, (3) to ensure the long-term functionality of our information technology systems and the technology of our website, and (4) to provide law enforcement authorities with the information necessary for prosecution in the event of a cyber attack. Therefore, the GLOBAL CLIMATE® GmbH analyzes anonymously collected data and information on one hand, and on the other hand, with the aim of increasing the data protection and data security of our enterprise, to ensure an optimal level of protection for the personal data we process. The anonymous data of the server log files are stored separately from any personal data provided by a data subject.
5. Contact possibility via the website
Based on statutory provisions, the website of the GLOBAL CLIMATE® GmbH contains data that enable a quick electronic contact to our enterprise, as well as direct communication with us, which also includes a general address of the so-called electronic mail (e-mail address). If a data subject contacts the controller by e-mail or by using a contact form, the personal data transmitted by the data subject will be stored automatically. Such personal data transmitted on a voluntary basis by a data subject to the controller will be stored for the purposes of processing or contacting the data subject. There is no disclosure of this personal data to third parties.
6 Routine erasure and blocking of personal data.
The controller processes and stores personal data of the data subject only for the period of time necessary to achieve the purpose of storage or insofar as this has been provided for by the European Directives and Regulations or other legislator in laws or regulations to which the controller is subject.
If the storage purpose ceases to apply or if a storage period prescribed by the European Directive and Regulation Maker or another competent legislator expires, the personal data will be routinely blocked or deleted in accordance with the statutory provisions.
7. Rights of the data subject
a) Right to confirmation
Every data subject has the right granted by the European Directive and Regulation to obtain confirmation from the controller as to whether personal data concerning him or her are being processed. If a data subject wishes to exercise this right of confirmation, he or she may, at any time, contact any employee of the controller.
b) Right of access
Any person affected by the processing of personal data has the right granted by the European Directive and Regulation to obtain at any time from the controller, free of charge, information about the personal data stored about him or her and a copy of that information. In addition, the European Directive and Regulation Legislator has granted the data subject access to the following information:
the purposes of processing
the categories of personal data processed
the recipients or categories of recipients to whom the personal data have been or will be disclosed, in particular in the case of recipients in third countries or international organizations
if possible, the planned duration for which the personal data will be stored or, if this is not possible, the criteria for determining this duration
the existence of a right to obtain the rectification or erasure of personal data concerning him or her, or to obtain the restriction of processing by the controller, or a right to object to such processing
the existence of a right of appeal to a supervisory authority
if the personal data are not collected from the data subject: Any available information about the origin of the data
the existence of automated decision-making, including profiling, pursuant to Article 22(1) and (4) of the GDPR and - at least in these cases - meaningful information about the logic involved and the scope and intended effects of such processing for the data subject.
Furthermore, the data subject shall have the right to obtain information as to whether personal data have been transferred to a third country or to an international organization. If this is the case, the data subject also has the right to obtain information about the appropriate safeguards in connection with the transfer.
If a data subject wishes to exercise this right of access, he or she may, at any time, contact an employee of the controller.
c) Right of rectification
Every data subject affected by the processing of personal data has the right granted by the European Directive and Regulation to request the immediate rectification of inaccurate personal data concerning him or her. Furthermore, the data subject has the right to request the completion of incomplete personal data - also by means of a supplementary declaration - taking into account the purposes of the processing.
If a data subject wishes to exercise this right of rectification, he or she may, at any time, contact any employee of the controller.
d) Right to erasure (right to be forgotten).
Any person affected by the processing of personal data has the right granted by the European Directive and Regulation to obtain from the controller the erasure without delay of personal data concerning him or her, where one of the following grounds applies and insofar as the processing is not necessary:
The personal data were collected or otherwise processed for such purposes for which they are no longer necessary.
The data subject revokes his or her consent on which the processing was based pursuant to Art. 6(1)(a) DS-GVO or Art. 9(2)(a) DS-GVO and there is no other legal basis for the processing.
The data subject objects to the processing pursuant to Article 21(1) DS-GVO and there are no overriding legitimate grounds for the processing, or the data subject objects to the processing pursuant to Article 21(2) DS-GVO.
The personal data have been processed unlawfully.
The erasure of the personal data is necessary for compliance with a legal obligation under Union or Member State law to which the controller is subject.
The personal data has been collected in relation to information society services offered pursuant to Article 8(1) DS-GVO.
If one of the aforementioned reasons applies, and a data subject wishes to arrange for the erasure of personal data stored by the GLOBAL CLIMATE® GmbH, he or she may, at any time, contact any employee of the controller. The employee of the GLOBAL CLIMATE® GmbH shall arrange for the erasure request to be complied with immediately (at the latest within one month).
If the personal data was made public by the GLOBAL CLIMATE® GmbH and our company is responsible for it pursuant to Art. 17 Para. 1 DS-GVO, GLOBAL CLIMATE® GmbH shall implement reasonable measures, including technical measures, to compensate other data controllers for processing the personal data published, taking into account the available technology and the cost of implementation, in order to inform the data subject that he or she has requested from those other data controllers to erase all links to the personal data or copies or replications of the personal data, unless the processing is necessary. The employee of the GLOBAL CLIMATE® GmbH will arrange the necessary in individual cases.
e) Right to restriction of processing
Any person concerned by the processing of personal data has the right granted by the European Directive and Regulation to obtain from the controller the restriction of processing where one of the following conditions is met:
The accuracy of the personal data is contested by the data subject for a period enabling the controller to verify the accuracy of the personal data.
The processing is unlawful, the data subject objects to the erasure of the personal data and requests instead the restriction of the use of the personal data.
The controller no longer needs the personal data for the purposes of the processing, but the data subject needs it for the assertion, exercise or defense of legal claims.
The data subject has objected to the processing pursuant to Article 21 (1) of the GDPR and it is not yet clear whether the legitimate grounds of the controller override those of the data subject.
If one of the aforementioned conditions is met, and a data subject wishes to request the restriction of personal data stored by the GLOBAL CLIMATE® GmbH, he or she may, at any time, contact any employee of the controller. The employee of the GLOBAL CLIMATE® GmbH will arrange the restriction of the processing.
f) Right to data portability
Each data subject concerned by the processing of personal data has the right, granted by the European Directive and Regulation, to obtain personal data concerning him or her, which have been provided by the data subject to a controller, in a structured, commonly used and machine-readable format. He or she also has the right to transmit this data to another controller without hindrance from the controller to whom the personal data have been provided, provided that the processing is based on consent pursuant to Article 6(1)(a) of the GDPR or Article 9(2)(a) of the GDPR or on a contract pursuant to Article 6(1)(b) of the GDPR and the processing is carried out by automated means, unless the 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.
Furthermore, when exercising the right to data portability pursuant to Article 20(1) of the GDPR, the data subject has the right to obtain that the personal data be transferred directly from one controller to another controller where technically feasible and provided that this does not adversely affect the rights and freedoms of other individuals.
In order to assert the right to data portability, the data subject may at any time contact any employee of the GLOBAL CLIMATE® GmbH.
g) Right to object
Any person affected by the processing of personal data has the right granted by the European Directive and Regulation to object at any time, on grounds relating to his or her particular situation, to the processing of personal data concerning him or her which is carried out on the basis of Article 6(1)(e) or (f) of the DS-GVO. This also applies to profiling based on these provisions.
The GLOBAL CLIMATE® GmbH shall no longer process the personal data in the event of the objection, unless we can demonstrate compelling legitimate grounds for the processing which override the interests, rights and freedoms of the data subject, or for the assertion, exercise or defence of legal claims.
If the GLOBAL CLIMATE® GmbH processes personal data for direct marketing purposes, the data subject shall have the right to object at any time to processing of personal data for such marketing. This also applies to profiling, insofar as it is related to such direct marketing. If the data subject objects to the GLOBAL CLIMATE® GmbH to the processing for direct marketing purposes, the GLOBAL CLIMATE® GmbH will no longer process the personal data for these purposes.
In addition, the data subject has the right, on grounds relating to his or her particular situation, to object to processing of personal data concerning him or her which is carried out by the GLOBAL CLIMATE® GmbH for scientific or historical research purposes, or for statistical purposes pursuant to Article 89(1) of the DS-GVO, unless such processing is necessary for the performance of a task carried out for reasons of public interest.
In order to exercise the right to object, the data subject may directly contact any employee of the GLOBAL CLIMATE® GmbH or another employee. The data subject is also free to exercise his/her right to object in connection with the use of information society services, notwithstanding Directive 2002/58/EC, by means of automated procedures using technical specifications.
h) Automated decisions in individual cases, including profiling.
Any person concerned by the processing of personal data shall have the right, granted by the European Directive and the Regulation, not to be subject to a decision based solely on automated processing, including profiling, which produces legal effects concerning him or her or similarly significantly affects him or her, unless the decision (1) is necessary for entering into, or the performance of, a contract between the data subject and the controller, or (2) is permitted by Union or Member State law to which the controller is subject and that law contains suitable measures to safeguard the data subject's rights and freedoms and legitimate interests, or (3) is made with the data subject's explicit consent.
If the decision (1) is necessary for entering into, or the performance of, a contract between the data subject and the data controller, or (2) it is made with the data subject's explicit consent, the GLOBAL CLIMATE® GmbH shall implement suitable measures to safeguard the data subject's rights and freedoms and legitimate interests, which include at least the right to obtain the data subject's involvement on the part of the controller, to express his or her point of view and contest the decision.
If the data subject wishes to exercise the rights concerning automated decisions, he or she may, at any time, contact any employee of the controller.
i) Right to withdraw consent under data protection law.
Any data subject concerned by the processing of personal data has the right, granted by the European Directive and Regulation Body, to withdraw his or her consent to the processing of personal data at any time.
If the data subject wishes to exercise the right to withdraw consent, he or she may, at any time, contact any employee of the controller.
8. Data protection during applications and the application process
The controller collects and processes the personal data of applicants for the purpose of handling the application procedure. The processing may also take place electronically. This is particularly the case if an applicant submits relevant application documents to the controller by electronic means, for example by e-mail or via a web form located on the website. If the controller concludes an employment contract with an applicant, the transmitted data will be stored for the purpose of processing the employment relationship in compliance with the statutory provisions. If the controller does not conclude an employment contract with the applicant, the application documents will be automatically deleted two months after notification of the rejection decision, provided that no other legitimate interests of the controller conflict with such deletion. Other legitimate interest in this sense is, for example, a duty to provide evidence in proceedings under the General Equal Treatment Act (AGG).
9. Legal basis of the processing
Article 6 I lit. a DS-GVO serves our company as the legal basis for processing operations in which we obtain consent for a specific processing purpose. If the processing of personal data is necessary for the performance of a contract to which the data subject is a party, as is the case, for example, with processing operations that are necessary for a delivery of goods or the provision of another service or consideration, the processing is based on Art. 6 I lit. b DS-GVO. The same applies to such processing operations that are necessary for the implementation of pre-contractual measures, for example in cases of inquiries about our products or services. If our company is subject to a legal obligation by which a processing of personal data becomes necessary, such as for the fulfillment of tax obligations, the processing is based on Art. 6 I lit. c DS-GVO. In rare cases, the processing of personal data might become necessary to protect vital interests of the data subject or another natural person. This would be the case, for example, if a visitor were to be injured on our premises and as a result his or her name, age, health insurance data or other vital information had to be passed on to a doctor, hospital or other third party. Then the processing would be based on Art. 6 I lit. d DS-GVO. Finally, processing operations could be based on Art. 6 I lit. f DS-GVO. Processing operations that are not covered by any of the aforementioned legal bases are based on this legal basis if the processing is necessary to protect a legitimate interest of our company or a third party, provided that the interests, fundamental rights and freedoms of the data subject are not overridden. Such processing operations are permitted to us in particular because they were specifically mentioned by the European legislator. In this respect, it took the view that a legitimate interest could be assumed if the data subject is a customer of the controller (Recital 47, Sentence 2 DS-GVO).
10. Legitimate interests in the processing pursued by the controller or a third party.
If the processing of personal data is based on Article 6 I lit. f DS-GVO, our legitimate interest is the conduct of our business for the benefit of the well-being of all our employees and our shareholders.
11. Duration for which the personal data are stored.
The criterion for the duration of the storage of personal data is the respective statutory retention period. After expiry of the period, the corresponding data is routinely deleted, provided that it is no longer required for the fulfillment or initiation of the contract.
12. Legal or contractual requirements to provide the personal data;
Necessity for the conclusion of the contract; obligation of the data subject to provide the personal data; possible consequences of non-provision.
We inform you that the provision of personal data is sometimes required by law (e.g. tax regulations) or may also result from contractual regulations (e.g. information on the contractual partner). Sometimes, in order to conclude a contract, it may be necessary for a data subject to provide us with personal data that must subsequently be processed by us. For example, the data subject is obliged to provide us with personal data if our company concludes a contract with him or her. Failure to provide the personal data would mean that the contract with the data subject could not be concluded. Before providing personal data by the data subject, the data subject must contact one of our employees. Our employee will inform the data subject on a case-by-case basis whether the provision of the personal data is required by law or contract or is necessary for the conclusion of the contract, whether there is an obligation to provide the personal data, and what the consequences of not providing the personal data would be.
13. Existence of automated decision-making
As a responsible company, we do not use automated decision-making or profiling.
This data protection declaration was created by the data protection declaration generator of the DGD Deutsche Gesellschaft für Datenschutz GmbH, which acts as the External Data Protection Officer Dortmund, in cooperation with the Cologne data protection lawyer Christian Solmecke.
SSL or TLS encryption
For security reasons and to protect the transmission of confidential content, such as orders or requests that you send to us as the site operator, this site uses SSL or TLS encryption. You can recognize an encrypted connection by the fact that the address line of the browser changes from "http://" to "https://" and by the lock symbol in your browser line.
If SSL or TLS encryption is activated, the data you transmit to us cannot be read by third parties.
Google Web Fonts
This site uses so-called web fonts provided by Google for the uniform display of fonts. When you call up a page, your browser loads the required web fonts into its browser cache in order to display texts and fonts correctly.
For this purpose, the browser you are using must connect to Google's servers. This enables Google to know that our website has been accessed via your IP address. Google Web Fonts are used in the interest of a uniform and appealing presentation of our online offers. This represents a legitimate interest within the meaning of Art. 6 (1) lit. f DSGVO.
If your browser does not support web fonts, a standard font will be used by your computer.
This site uses the map service Google Maps via an API. The provider is Google Inc, 1600 Amphitheatre Parkway, Mountain View, CA 94043, USA.
To use the functions of Google Maps, it is necessary to store your IP address. This information is usually transferred to a Google server in the USA and stored there. The provider of this site has no influence on this data transmission.
The use of Google Maps is in the interest of an appealing presentation of our online offers and an easy location of the places indicated by us on the website. This represents a legitimate interest within the meaning of Art. 6 para. 1 lit. f DSGVO.
GLOBAL CLIMATE GmbH - General Terms and Conditions of business – as of 19th June 2023
1 Scopes and Definitions
1.1 These General Terms and Conditions ("GTC") apply to all services (including software, services and consulting) provided by GLOBAL CLIMATE GmbH ("GLOBAL CLIMATE" or "GC"), Gewerbestr 13, 82064 Straßlach, to entrepreneurs, legal entities under public law or special funds under public law, but not to consumers.
1.2 These contractual partners of GLOBAL CLIMATE are also referred to in these GTC as "client", “customer” or "commissioning company".
1.3 "Assessed company/entity" means any professional company that enters into a contract with GLOBAL CLIMATE by accepting these terms and conditions, registering on the GC platform and paying the license fee to provide information about its sustainability practices, whether at the request of a requesting company or voluntarily.
1.4 The GTC apply exclusively. Conflicting provisions or deviating terms and conditions of purchase of the client shall not be recognized, even if GC provides a service in knowledge of the deviating provisions, unless GC has expressly agreed to the deviation in writing.
1.5 Even in the event that a contract is concluded online or by installing and/or using software provided by GC (cf. 2.4 of these GTC), the client agrees to these GTC and accepts them as binding without restriction; insofar as separate terms and conditions are included by GC in the conclusion of the contract for the use of the software or the software service, these shall have priority. Otherwise, the client is not entitled to install or use the software.
2 Conclusion of contract
2.1 GC offers the client comprehensive services and platform-based IT solutions in the area of sustainability. The definition and specification of the concretely ordered services shall be made in the respective individual order by the client. Access to these services and the use of the platform shall only be granted after full payment of the corresponding remuneration.
2.2 The contract between GC shall come into effect with the countersignature of the signed offer of GC by the client or another bilateral contractual agreement of the contracting parties.
2.3 In the event of an order by the client deviating from the offer, the order shall only become binding if GC has confirmed the order in writing or executes the order without reservation.
2.4 A contract for certain services can also be concluded online on the GC website after registration and payment of the license fee for the GC software. Orders that a client only enters and saves in draft form are non-binding for both parties as long as no final order is placed. Drafts can be deleted by GC without the client's consent if they have been stored in the system for more than 30 days without further commissioning to GC.
2.5 If a client himself creates orders for end customers or other third parties, this shall not constitute a separate contractual relationship between GC and the end customer. GC shall perform its services exclusively on behalf of the contractual client, unless otherwise explicitly agreed.
3. Performance of services and duties to cooperate
3.1 The scope and nature of the services to be provided by GC shall be determined by the signed offer in conjunction with the service description attached to the offer. Changes are only possible by mutual agreement and in writing or by email.
3.2 GC's obligation to perform shall be subject to the fulfilled cooperation obligations of the client. The client undertakes to cooperate free of charge, truthfully and completely, insofar as this is necessary for the provision of services by GC. Necessary cooperation services can take the form of providing necessary data, documents, naming contact persons, providing information, providing technical environments, etc. The customer must also ensure that its access data to the GLOBAL CLIMATE platform is kept secure and not passed on to third parties. The customer shall be liable for any damage resulting from unauthorized or reckless disclosure of access data to third parties.
4.1 Unless expressly authorized by the client, GLOBAL CLIMATE and third party platform users may only use the information and documents (of whatever nature, concerning the commissioning company and to which they have access during or in connection with the use of the software services) for the purposes of these services.
4.2 The content of evaluation questionnaires and the (evaluation/analysis) methodology applied by GC as well as information related to it or to CO2 calculation are considered confidential information.
4.3 The above statements on confidentiality do not apply to publicly available information or to information known to the other party prior to the provision of the service.
4.4 Either party (GC or customer) may disclose confidential information required to be disclosed by law or for audit purposes to tax authorities, local or state authorities and courts, as well as to their representatives without prior notice, authorization or consent of the other party.
4.5 For the purposes of the service, the commissioning company grants GLOBAL CLIMATE the non-exclusive and royalty-free right to host, cache, process, reproduce and display the information it provides in connection with the use of the GC Platform, within Germany, and to use such data to develop the GC database. The commissioning company warrants and represents that it has all rights and authority necessary to use the data for the purposes of the service.
5 Remuneration, invoicing and default
5.1 Remuneration and terms of payment for services rendered by GC shall be governed by the terms and conditions set forth in the respective individual order. In all other respects the following shall apply:
5.2 Expenses and travel costs are not included in the remuneration but shall be invoiced separately.
5.3 Unless otherwise agreed, technical support and consulting shall be charged separately.
5.4 All prices are quoted without value added tax.
5.5 For clients within the EU: Clients and assessed companies with an invoice address within the European Union shall only be invoiced in Euros. The client shall owe GC the statutory value-added tax applicable to the prices quoted. Payment of the invoice shall be made cashless to one of the accounts specified in the invoice. Invoices from GC shall be due for payment without deduction in each case no later than 10 days after the invoice is issued. When using the GC software platform, the payment methods offered there can be used alternatively. In the event of payment by direct debit, an amount of EUR 10.00 shall be charged in addition to the invoice amount in the event of a return debit note, which shall consist of the return debit note fee and compensation for additional expenses. GC shall be entitled to claim damages in excess thereof if the damage caused to GC by the delay is higher than the fees claimed by GC. The customer shall be free to prove, if necessary, that GC had a lower damage.
5.6 For customers outside the EU: Customers and assessed companies with a billing address outside the European Union can choose between invoicing in Euros or in US dollars. Bank charges (fees for wire transfers and currency exchange, etc.) and all fees for collection services will be borne by the customer or assessed company in addition to the agreed fee. Late payments may result in late fees of 0.5% of the amount due.
5.7 If the customer does not pay within 30 days after the due date and receipt of the invoice (or equivalent payment schedule), he shall be in default. If the customer is in default or if circumstances exist which noticeably impair the creditworthiness of the customer, e.g. application for the initiation of composition or bankruptcy proceedings, GC shall be entitled to temporarily suspend any further services to which GC has committed itself, to make all outstanding amounts immediately due and payable, and to extraordinarily terminate all still existing contracts with the customer. Any agreed deadlines for the execution of outstanding work on the part of GC shall automatically lose their validity in this case. The customer shall not be entitled to exercise a right of retention vis-à-vis GC due to another claim not arising from the respective contract with GC. In the event of premature termination of consulting contracts by the customer, GC may demand the corresponding remuneration for services rendered up to that point (including travel costs and expenses incurred), insofar as these have not been paid in advance. A refund of payments already made shall not be made.
5.8 The performance dates stated in the contract shall apply only approximately, unless they are expressly marked as fixed and binding in the contract. GC shall always be in default only after a reminder from the client, even if the performance time is determined or determinable according to the calendar.
5.9 Compliance with fixed delivery dates shall be subject to the timely cooperation and delivery of documents and information by the client as agreed or usually required according to the type of service. If these prerequisites are not fulfilled in time, the deadlines shall be extended accordingly. The customer shall bear any additional expenses incurred due to the fact that services have to be repeated or are delayed as a result of late, incorrect or incomplete information or improper cooperation.
6 Term and termination
6.1 Unless otherwise stipulated in the individual order, the contract shall be automatically renewed for the period specified in the individual order if the contract is not terminated in writing with 4 weeks' notice to the end of the contract term. If a period of more than one year is specified in the individual order, the contract shall be extended by one year in each case if the contract is not terminated in writing with a notice period of 4 weeks to the end of the contract term.
6.2 The use of GLOBAL CLIMATE services by customers and assessed companies is subject to the condition that all fees shown in the offer or on the website are paid in due time.
6.3 GLOBAL CLIMATE may terminate the contract with client / assessed company without notice if client or assessed Company is found to be in material breach of any of the terms of this Agreement. In case of early termination, there will be no refund of the fee already paid.
7.1 The customer shall in principle receive a non-exclusive right of use and exploitation for an unlimited period of time to the work results provided by GC.
7.2 All copyrights and property rights of GC, among others with regard to software provided for use, know-how, materials provided in writing or electronically and other intellectual property shall remain with GC. The commissioning of GC shall not constitute any transfer of these rights. GC shall only grant the customer rights of use to the extent expressly named in the respective individual order. The customer is expressly prohibited from any use outside the contractual relationship between GC and the customer, in particular also copying and passing on to third parties. The granting of rights of use or other expressly granted rights shall not become effective until payment has been made in full. The rights granted to the customer by GC are not transferable. A transfer of rights and obligations from the contracts concluded with GC by the customer to a third party requires the prior written consent of GC. In the event of consent to a transfer, the customer undertakes to return or delete all documents, information, access, etc. received from GC under the contract.
7.3 In the case of contracts with GC, GC grants the customer a non-exclusive, non-transferable right of use, limited to the duration of the respective term, to the registered trademarks of GC or one of its affiliated companies, which GC makes available to the customer. The right of use shall be limited to the use of the trademarks for the purpose of promoting customer's relationship with GC and related sustainability and compliance services. GC may withdraw the granting of the right of use at any time, whereby it shall immediately expire. In this case, the customer shall immediately delete or remove the trademarks from all corporate appearances or corporate documents and immediately cease any further use for advertising purposes beyond this.
8.1 The liability of GC is excluded unless intent or gross negligence can be proven. Liability for slight negligence is excluded, unless a breach of cardinal obligations is involved. Cardinal obligations are those obligations whose fulfillment makes the proper execution of the contract possible in the first place and on whose compliance the contractual partner regularly relies and may rely. In the event of liability, such liability shall be limited to the contractual foreseeable damage typical for the contract.
8.2 The limitation of liability shall also apply to third parties insofar as they fall within the scope of protection of the contractual relationship. Further claims for damages are excluded. In particular, GC shall not be liable for incorrect information provided by the customer, incorrect information provided by certificate providers or assessed companies (e.g. suppliers), incorrect calculations of CO2 emissions due to improper use of the software, nor for any other actions or omissions on the part of the latter which are not within the sphere of influence of GC and which could result in damage to the customer.
8.3 Insofar as liability is excluded or limited in accordance with this clause 8, this shall also apply to the personal liability of the employees, representatives, organs and other staff of GC as well as their vicarious agents.
8.4 The customer shall be liable to GC for the correctness of the data supplied or entered by him. GC cannot verify the accuracy of the data provided. Any liability of GC for results resulting from incorrectly supplied or entered data is expressly excluded. Any contributory negligence on the part of the customer, e.g. due to insufficient data backup, shall be imputed to the customer.
8.5 The GC Platform shall be accessible to users at all times, 24 hours a day, 7 days a week, except during maintenance periods. GLOBAL CLIMATE is not responsible for network-related outages, interruptions, failures, delays, system availability and other connectivity issues affecting platform services. In the event that GLOBAL CLIMATE becomes aware of a data breach that could seriously compromise the security of the service or users' data, GLOBAL CLIMATE may, without notice, temporarily suspend access to the service in order to remedy the security breach in a timely manner. In such event, GLOBAL CLIMATE shall have no liability to users and users may not seek any compensation from GLOBAL CLIMATE.
8.6 The client or assessed entity will receive the results of the rating (e.g. score) or risk analysis based on the disclosed information and news sources available to GLOBAL CLIMATE at the time of the rating. If information or circumstances change materially during the validity period of the analysis, GLOBAL CLIMATE reserves the right to add a note to the assessment of the assessed company/financial asset and, if necessary, to reassess it.
9 Confidentiality, data protection, reference
9.1 Both contractual partners undertake to ensure that the persons involved in the project treat all mutual, confidential information as strictly confidential, are aware of the provisions on data protection and observe the regulations of the Federal Data Protection Act. This applies to employees, external consultants as well as to any subcontractors of both contractual partners that may be engaged.
9.2 Confidential information on the part of the customer shall only be deemed to exist if the customer expressly identifies a matter as a trade or business secret, unless it is quite obviously a trade or business secret. The customer shall mark such documents accordingly at an early stage, which GC is to secure in particular and treat as a secret due to their special need for protection.
9.3 GC shall be obliged in accordance with the law to maintain secrecy about all facts which come to its knowledge in connection with the execution of the order, unless the customer releases it from this obligation. The obligation to maintain secrecy shall continue to exist even after termination of the contractual relationship. The duty of confidentiality shall also apply to the same extent to employees of GC. GC shall be entitled to collect personal data of the client by machine within the scope of the orders placed and to process such data in an automated file. Confidential information on the part of GC exists with respect to all the trade and business secrets of GC, this includes in particular, but not exclusively, software provided by GC, interfaces, know-how with respect to calculation models, methodology etc., as well as the conditions of the respective individual orders.
10. Final provisions
10.1 The place of performance for all deliveries and services of GC shall be the registered office of GC, unless expressly agreed otherwise in the respective individual order.
10.2 All communication by GC vis-à-vis the customer shall take place electronically, insofar as this is legally permissible. GC reserves the right to choose another form, e.g. the written form, in individual cases.
10.3 German law shall apply to all contractual relationships between the customer and GC, in particular the German Civil Code and the German Commercial Code.
10.4 Insofar as the customer is a registered trader, the place of jurisdiction for all disputes arising directly or indirectly from the contractual relationship shall be the registered office of GC.
10.5 The invalidity of one or more provisions of this contract shall not affect the validity of the remaining provisions of this contract. The contracting parties undertake to replace invalid provisions by a valid provision which comes as close as possible to the economic purpose pursued by the invalid provision. Until such a provision is made, the invalid provision shall be replaced by a provision that comes as close as possible to the economic purpose of the invalid provision. The same shall apply in the event of a loophole in the contract requiring regulation. Amendments and supplements to the respective individual order shall only be effective if they have been expressly agreed in writing by both parties (GC and customer).
10.6 GC expressly reserves the right to change the provisions of its general and special terms and conditions of business at any time and without giving reasons. GC will notify the customer of the change in the terms and conditions by email in due time before the changes come into effect. The amendments shall be deemed accepted unless the customer objects to the amended terms and conditions within six weeks. GC shall separately inform the customer in its notification email of the six-week period and the legal consequences of acceptance in the absence of an objection.