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www.oneresilientearth.org is the official website of the non-profit organization OneResilientEarth gGmbH, which works in close collaboration with One Resilient Earth Inc., registered in New York, USA, as a 501(c)(3) charitable organization, EIN 84-3903501.

Disclosures in accordance with § 5 TMG:

OneResilientEarth gGmbH
Rollbergstrasse 28A, 12053 Berlin, Germany
E-mail: contact@oneresilientearth.org
Website: www.oneresilientearth.org
Registry court: District Court Charlottenburg – Berlin
Register number: HRB 264170 B (former HRB 25148 when in Bonn)
Authorized representative/ Executive Director: Laureline Simon Krichewsky

Responsible for this content on the blog  in accordance with § 55 Abs. 2 RStV:
Laureline Simon Krichewsky

A. Privacy statement according to the GDPR

I. Name and address of the responsible person

The person responsible within the meaning of the basic data protection
regulation and other national data protection laws of the member states as well
as other data protection regulations is:

OneResilientEarth gGmbH
Rollbergstrasse 28A, 12053 Berlin, Germany
E-Mail: contact@oneresilientearth.org
Website: www.oneresilientearth.org

Operational Team:

Founder & Executive Director: Laureline Simon Krichewsky
Rochstrasse 9, 10178 Berlin, Germany
E-Mail: laureline@oneresilientearth.org

 

II. General information about data processing

1. Extent of processing of personal data
In principle, we process personal data of our users only insofar as this is necessary to provide a functioning website and our content and services. The processing of personal data of our users takes place regularly only with the consent of the user. An exception applies to cases in which prior consent can not be obtained for reasons of fact and the processing of the data is permitted by law.

2. Legal basis for the processing of personal data
Insofar as we obtain the consent of the data subject for processing of personal data, Article 6 (1)(a) EU General Data Protection Regulation (GDPR) as legal basis.
In the processing of personal data necessary for the performance of a contract of which the data subject is a party, Article 6 (1)(b) GDPR as legal basis. This also applies to processing operations required to carry out pre-contractual actions.
If processing of personal data is required to fulfill a legal obligation that our company is subject to, Article 6 (1)(c) GDPR as legal basis.
In the event that vital interests of the data subject or any other natural person require the processing of personal data, Article 6 (1)(d) GDPR as legal basis.
If the processing is necessary to safeguard the legitimate interests of our company or a third party and if the interests, fundamental rights and fundamental freedoms of the data subject do not prevail over the first interest, then Article 6 (1)(f) GDPR as legal basis for processing.

3. Data erasure and storage duration
The personal data of the data subject will be deleted or blocked as soon as the purpose of the storage is deleted. In addition, such storage may be provided for by the European or national legislator in EU regulations, laws or other regulations to which the controller is subject. Blocking or deletion of the data also takes place when a storage period prescribed by the standards mentioned expires, unless there is a need for further storage of the data for conclusion of a contract or fulfillment of the contract.

III. Provision of the website and creation of log files

1. Description and scope of data processing
Each time our website is accessed, our system automatically collects data and information from the computer system of the calling computer.
The following data is collected here:
(1) Information about the browser type and version used
(2) The operating system of the user
(3) The Internet service provider of the user
(4) The IP address of the user
(5) Date and time of access
(6) Websites from which the system of the user comes to our website
(7) Websites that are accessed by the user’s system through our website

2. Legal basis for data processing
The legal basis for the temporary storage of data is Article 6 (1)(f) GDPR.

3. Purpose of data processing
The temporary storage of the IP address by the system is necessary to allow delivery of the website to the computer of the user. To do this, the user’s IP address must be kept for the duration of the session.
For these purposes, our legitimate interest in the processing of data according to Article 6 (1)(f) GDPR.

4. Duration of storage
The data will be deleted as soon as it is no longer necessary for the purpose of its collection. In the case of collecting the data for providing the website, this is the case when the respective session is completed.

5. Opposition and removal possibility
The collection of data for the provision of the website and the storage of the data in log files is essential for the operation of the website. There is consequently no contradiction on the part of the user.

IV. E-mail contact

1. Description and scope of data processing
On our website a contact section is available, which can be used for electronic contact.
If a user makes use of this option, the user’s personal data transmitted by E-mail will be stored.
In this context, there is no disclosure of the data to third parties. The data is used exclusively for processing the conversation.

2. Legal basis for data processing
The legal basis for the processing of the data transmitted in the course of sending an E-mail is Article 6 (1)(f) GDPR. If the E-mail contact aims to conclude a contract, then additional legal basis for the processing is Article 6 (1)(b) GDPR.

3. Purpose of data processing
In the case of contact via E-mail, this also includes the required legitimate interest in the processing of the data.

4. Duration of storage
The data will be deleted as soon as it is no longer necessary for the purpose of its collection. For the personal data sent by E-mail, this is the case when the respective conversation with the user has ended. The conversation is ended when it can be inferred from the circumstances that the relevant facts have been finally clarified.
The additional personal data collected during the sending process will be deleted at the latest after a period of seven days.

5. Opposition and removal possibility
The user has the possibility at any time to revoke his consent to the processing of the personal data. If the user contacts us by E-mail, he may object to the storage of his personal data at any time. In such a case, the conversation can not continue.
All personal data stored in the course of contacting will be deleted in this case.

V. Rights of the person concerned

If personal data is processed by you, you are a victim within the meaning of the GDPR and you have the following rights to the person responsible:

1. Right of access to information
You may ask the person in charge to confirm if personal data concerning you is processed by us.
If such processing is available, you can request information from the person responsible about the following information:
(1) the purposes for which the personal data are processed;
(2) the categories of personal data that are processed;
(3) the recipients or categories of recipients to whom the personal data relating to you have been disclosed or are still being disclosed;
(4) the planned duration of the storage of your personal data or, if specific information is not available, criteria for determining the duration of storage;
(5) the existence of a right to rectification or erasure of personal data concerning you, a right to restriction of processing by the controller or a right to object to such processing;
(6) the existence of a right of appeal to a supervisory authority;
(7) all available information on the source of the data if the personal data are not collected from the data subject;
(8) the existence of automated decision-making including profiling under Article 22 (1) and (4) GDPR and, at least in these cases, meaningful information about the logic involved, and the scope and intended impact of such processing on the data subject.
You have the right to request information about whether your personal information relates to a third country or an international organization. In this connection, you can request the appropriate guarantees in accordance with Article 46 GDPR in connection with the transfer.

2. Right to rectification
You have a right to rectification and/or completion to the controller, if the personal data you process is incorrect or incomplete. The responsible person must make the correction without delay.

3. Right to restriction of processing
You may request the restriction of the processing of your personal data under the following conditions:
(1) if you contest the accuracy of your personal information for a period of time that enables the controller to verify the accuracy of your personal information;
(2) the processing is unlawful and you refuse to delete the personal data and instead request the restriction of the use of the personal data;
(3) the controller no longer requires personal data for the purposes of processing, but you need them to assert, exercise or defend legal claims, or
(4) if you objected to the processing pursuant to Article 21 (1) GDPR and it is not yet certain whether the legitimate reasons of the person responsible prevail over your reasons.
If the processing of personal data concerning you has been restricted, this data may only be used with your consent or for the purpose of asserting, exercising or defending legal claims or protecting the rights of another natural or legal person
or for reasons of important public interest Union or a Member State.
If the restriction on processing has been restricted in accordance with the above conditions, you will be notified by the person responsible before the restriction is lifted.

4. Right to delete
a) Deletion obligations
You may require the controller to delete your personal information without delay, and the controller is required to delete that information immediately if one of the following is true:
(1) Your personal data are no longer necessary for the purposes for which they were collected or otherwise processed.
(2) You revoke your consent to the processing in accordance with Article 6 (1)(a) or Article 9 (2)(a) GDPR and there is no other legal basis for processing.
(3) In accordance with Article 21 (1) of the GDPR, you object to the processing and there are no legitimate reasons for the processing, or you object to the processing according to Article 21 (2) GDPR.
(4) Your personal data has been processed unlawfully.
(5) The deletion of personal data concerning you is required to fulfill a legal obligation under Union law or the law of the Member States to which the controller is subject.
(6) The personal data concerning you were collected in relation to information society services offered pursuant to Article 8 (1) GDPR.
b) Information to third parties
If the person responsible has made public the personal data relating to you and is obliged to delete them in accordance with Article 17 (1) GDPR, he shall take appropriate measures, including technical ones, to inform data controllers, taking into account available technology and implementation costs. who are processing the personal data, informing you as the data subject that you have requested the deletion of all links to such personal data or of copies or replications of such personal data.
c) Exceptions
The right to erasure does not exist if the processing is necessary
(1) to exercise the right to freedom of expression and information;
(2) to fulfill a legal obligation required by the law of the Union or of the Member States to which the controller is subject, or to carry out a task of public interest or in the exercise of official authority conferred on the controller;
(3) for reasons of public interest in the field of public health as referred to in Article 9 (2)(h) and (i) and Article 9 (3) GDPR;
(4) for archival purposes of public interest, scientific or historical research purposes or for statistical purposes pursuant to Article 89 (1) GDPR, to the extent that the law referred to in (a) is likely to render impossible or seriously prejudice the achievement of the objectives of that processing, or
(5) to assert, exercise or defend legal claims.

5. Right to information
If you have the right of rectification, erasure or restriction of processing to the controller, he/she is obliged to notify all recipients to whom your personal data have been disclosed of this correction or deletion of the data or restriction of processing, unless: this proves to be impossible or involves a disproportionate
effort.
You have a right to the person responsible to be informed about these recipients.

6. Right to data portability
You have the right to receive personally identifiable information you provide to the controller in a structured, common and machine-readable format. In addition, you have the right to transfer this data to another person without hindrance by
the person responsible for providing the personal data, provided that
(1) processing on consent in accordance with Article 6 (1)(a) GDPR or Art. 9 (2)(a) GDPR or on a contract pursuant to Art. 6 (1)(b) GDPR is based and
(2) the processing is done using automated procedures.
In exercising this right, you also have the right to obtain that your personal data relating to you are transmitted directly from one person to another, insofar as this is technically feasible. Freedoms and rights of other persons may not be affected.
The right to data portability does not apply to the processing of personal data necessary for the performance of a task in the public interest or in the exercise of official authority delegated to the controller.

7. Right to objection
You have the right at any time, for reasons arising out of your particular situation, to prevent the processing of personal data concerning you which, pursuant to Article 6 (1)(e) or (f) GDPR takes an objection; this also applies to profiling based on these provisions.
The controller will no longer process the personal data concerning you unless he can demonstrate compelling legitimate grounds for processing that outweigh your interests, rights and freedoms, or the processing is for the purpose of enforcing, exercising or defending legal claims.
If the personal data relating to you are processed for direct marketing purposes, you have the right to object at any time to the processing of your personal data for the purpose of such advertising; this also applies to profiling insofar as it is
associated with such direct mail.
If you object to processing for direct marketing purposes, your personal data will no longer be processed for these purposes.
Regardless of Directive 2002/58/EC, you have the option, in the context of the use of information society services, of exercising your right to object through automated procedures that use technical specifications.

8. Right to revoke the data protection consent declaration
You have the right to revoke your data protection declaration at any time. The revocation of consent does not affect the legality of the processing carried out on the basis of the consent until the revocation.

9. Automated decision on an individual basis including profiling
You have the right not to be subjected to a decision based solely on automated processing – including profiling – that will have legal effect or similarly affect you in a similar manner. This does not apply if the decision
(1) is required for the conclusion or performance of a contract between you and the controller,
(2) is permissible on the basis of Union or Member State legislation to which the controller is subject, and that legislation contains adequate measures to safeguard your rights and freedoms and your legitimate interests, or
(3) with your express consent.
However, these decisions may not be based on specific categories of personal data under Article 9 (1) GDPR, unless Article 9 (2)(a) or (g) GDPR applies and reasonable measures have been taken to protect the rights and freedoms as well as your legitimate interests.
With regard to the cases referred to in (1) and (3), the person responsible shall take appropriate measures to uphold the rights and freedoms and their legitimate interests, including at least the right to obtain the intervention of a person by the controller, to express his / her own position and heard on challenge of the decision.

10. Right to complain to a supervisory authority
Without prejudice to any other administrative or judicial remedy, you shall have the right to complain to a supervisory authority, in particular in the Member State of its residence, place of work or place of alleged infringement, if you believe that the processing of the personal data concerning you is against the GDPR violates.
The supervisory authority to which the complaint has been submitted shall inform the complainant of the status and results of the complaint, including the possibility of a judicial remedy pursuant to Article 78 of the GDPR.

B. Terms of Service

This website is operated by OneResilientEarth gGmbH. Throughout the site, the terms “we”, “us” and “our” refer to OneResilientEarth gGmbH. OneResilientEarth gGmbH offers this website, including all information, tools, products and services available from this site to you, the user, conditioned upon your acceptance of all terms, conditions, policies and notices stated here.

By visiting our site, downloading products and/ or purchasing something from us, you engage in our “Service” and agree to be bound by the following terms and conditions (“Terms of Service”, “Terms”), including those additional terms and conditions and policies referenced herein and/or available by hyperlink. These Terms of Service apply  to all users of the site, including without limitation users who are browsers, vendors, customers, merchants, and/ or contributors of content.

Please read these Terms of Service carefully before accessing or using our website. By accessing or using any part of the site, you agree to be bound by these Terms of Service. If you do not agree to all the terms and conditions of this agreement, then you may not access the website or use any services. If these Terms of Service are considered an offer, acceptance is expressly limited to these Terms of Service.

Our store, including for the Gifts project, is hosted on WooCommerce. They provide us with the online e-commerce platform that allows us to share and/or sell our products and services to you.

Any new features, products or tools which are added to the current store shall also be subject to the Terms of Service. You can review the most current version of the Terms of Service at any time on this page. We reserve the right to update, change or replace any part of these Terms of Service by posting updates and/or changes to our website. It is your responsibility to check this page periodically for changes. Your continued use of or access to the website following the posting of any changes constitutes acceptance of those changes.

1. General conditions

You agree not to reproduce, duplicate, copy, sell, resell or exploit any portion of the Service, use of the Service, or access to the Service or any contact on the website through which the service is provided, without express written permission by us.

The headings used in this agreement are included for convenience only and will not limit or otherwise affect these Terms.

2. Accuracy, completeness and timeliness of information

We are not responsible if information made available on this site is not accurate, complete or current. The material on this site is provided for general information only and should not be relied upon or used as the sole basis for making decisions without consulting primary, more accurate, more complete or more timely sources of information. Any reliance on the material on this site is at your own risk.

We reserve the right to modify the contents of this site at any time, but we have no obligation to update any information on our site. You agree that it is your responsibility to monitor changes to our site.

3. Products or services

We have made every effort to display as accurately as possible the colors and images of our products that appear at the store. We cannot guarantee that your computer monitor’s display of any color will be accurate.

We do not warrant that the quality of any products, services, information, or other material purchased or obtained by you will meet your expectations, or that any errors in the Service will be corrected.

4. Third-party content

We may provide you with access to third-party content, including through interviews, which we neither monitor nor have any control nor input upon.

You acknowledge and agree that we provide access to such content ”as is” and “as available” without any warranties, representations or conditions of any kind and without any endorsement. We shall have no liability whatsoever arising from or relating to your use of third-party content.

Any use by you of third-party content offered through the site is entirely at your own risk and discretion and you should ensure that you are familiar with and approve of the terms on which content is provided by the relevant third-party provider(s).

We may also, in the future, offer new services and/or features through the website. Such new features and/or services shall also be subject to these Terms of Service.

5. Third-party links

Certain content, products and services available via our Service may include materials from third-parties. A permanent monitoring of the contents of linked websites cannot be imposed without reasonable indications that there has been a violation of law. Illegal links will be removed immediately at the time we get knowledge of them.

Third-party links on this site may direct you to third-party websites that are not affiliated with us. We are not responsible for examining or evaluating the content or accuracy and we do not warrant and will not have any liability or responsibility for any third-party materials or websites, or for any other materials, products, or services of third-parties.

We are not liable for any harm or damages related to the purchase or use of goods, services, resources, content, or any other transactions made in connection with any third-party websites. Please review carefully the third-party’s policies and practices and make sure you understand them before you engage in any transaction. Complaints, claims, concerns, or questions regarding third-party products should be directed to the third-party.

6. User comments, feedback and other submissions

If, at our request, you send certain specific submissions (for example contest entries) or without a request from us you send creative ideas, suggestions, proposals, plans, or other materials, whether online, by email, by postal mail, or otherwise (collectively, ‘comments’), you agree that we may, at any time, without restriction, edit, copy, publish, distribute, translate and otherwise use in any medium any comments that you forward to us. We are and shall be under no obligation (1) to maintain any comments in confidence; (2) to pay compensation for any comments; or (3) to respond to any comments.

We may, but have no obligation to, monitor, edit or remove content that we determine in our sole discretion are unlawful, offensive, threatening, libelous, defamatory, pornographic, obscene or otherwise objectionable or violates any party’s intellectual property or these Terms of Service.

You agree that your comments will not violate any right of any third-party, including copyright, trademark, privacy, personality or other personal or proprietary right. You further agree that your comments will not contain libelous or otherwise unlawful, abusive or obscene material, or contain any computer virus or other malware that could in any way affect the operation of the Service or any related website. You may not use a false e-mail address, pretend to be someone other than yourself, or otherwise mislead us or third-parties as to the origin of any comments. You are solely responsible for any comments you make and their accuracy. We take no responsibility and assume no liability for any comments posted by you or any third-party.

7. Personal information

Your submission of personal information through the store is governed by our Privacy Policy above.

8. Errors, inaccuracies and omissions

Occasionally there may be information on our site or in the Service that contains typographical errors, inaccuracies or omissions that may relate to product descriptions, pricing, promotions, offers, product shipping charges, transit times and availability. We reserve the right to correct any errors, inaccuracies or omissions, and to change or update information or cancel orders if any information in the Service or on any related website is inaccurate at any time without prior notice (including after you have submitted your order).

We undertake no obligation to update, amend or clarify information in the Service or on any related website, including without limitation, pricing information, except as required by law. No specified update or refresh date applied in the Service or on any related website, should be taken to indicate that all information in the Service or on any related website has been modified or updated.

9. Prohibited uses

In addition to other prohibitions as set forth in the Terms of Service, you are prohibited from using the site or its content: (a)  to infringe upon or violate our intellectual property rights or the intellectual property rights of others; (b) to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability; (c) to submit false or misleading information; (d) to upload or transmit viruses or any other type of malicious code that will or may be used in any way that will affect the functionality or operation of the Service or of any related website, other websites, or the Internet; (e) to collect or track the personal information of others; (f) to spam, phish, pharm, pretext, spider, crawl, or scrape; or (g) to interfere with or circumvent the security features of the Service or any related website, other websites, or the Internet. We reserve the right to terminate your use of the Service or any related website for violating any of the prohibited uses.

10. Disclaimer of warranties; limitation of liability

We do not guarantee, represent or warrant that your use of our service will be uninterrupted, timely, secure or error-free.

We do not warrant that the results that may be obtained from the use of the service will be accurate or reliable.

You agree that from time to time we may remove the service for indefinite periods of time or cancel the service at any time, without notice to you.

You expressly agree that your use of, or inability to use, the service is at your sole risk. The service and all products and services delivered to you through the service are (except as expressly stated by us) provided ‘as is’ and ‘as available’ for your use, without any representation, warranties or conditions of any kind, either express or implied, including all implied warranties or conditions of merchantability, merchantable quality, fitness for a particular purpose, durability, title, and non-infringement.

As service providers, we are liable for our own content on this website according to Sec. 7, paragraph 1 German Telemedia Act (TMG). However, according to Sec. 8 to 10 German Telemedia Act (TMG), service providers are not obligated to permanently monitor submitted or stored information or to search for evidences that indicate illegal activities. Legal obligations to removing information or to blocking the use of information remain unchallenged. In this case, liability is only possible at the time of knowledge about a specific violation of law. Illegal contents will be removed immediately at the time we get knowledge of them.

In no case shall OneResilientEarth gGmbH, our directors, officers, employees, affiliates, agents, contractors, interns, suppliers, service providers or licensors be liable for any injury, loss, claim, or any direct, indirect, incidental, punitive, special, or consequential damages of any kind, including, without limitation lost profits, lost revenue, lost savings, loss of data, replacement costs, or any similar damages, whether based in contract, tort (including negligence), strict liability or otherwise, arising from your use of any of the service or any products procured using the service, or for any other claim related in any way to your use of the service or any product, including, but not limited to, any errors or omissions in any content, or any loss or damage of any kind incurred as a result of the use of the service or any content (or product) posted, transmitted, or otherwise made available via the service, even if advised of their possibility. Because some states or jurisdictions do not allow the exclusion or the limitation of liability for consequential or incidental damages, in such states or jurisdictions, our liability shall be limited to the maximum extent permitted by law.

11. Severability

In the event that any provision of these Terms of Service is determined to be unlawful, void or unenforceable, such provision shall nonetheless be enforceable to the fullest extent permitted by applicable law, and the unenforceable portion shall be deemed to be severed from these Terms of Service, such determination shall not affect the validity and enforceability of any other remaining provisions.

12. Termination

The obligations and liabilities of the parties incurred prior to the termination date shall survive the termination of this agreement for all purposes.

These Terms of Service are effective unless and until terminated by either you or us. You may terminate these Terms of Service at any time by notifying us that you no longer wish to use our Services, or when you cease using our site.

If in our sole judgment you fail, or we suspect that you have failed, to comply with any term or provision of these Terms of Service, we also may terminate this agreement at any time without notice and you will remain liable for all amounts due up to and including the date of termination; and/or accordingly may deny you access to our Services (or any part thereof).

13. Entire agreement

The failure of us to exercise or enforce any right or provision of these Terms of Service shall not constitute a waiver of such right or provision.

These Terms of Service and any policies or operating rules posted by us on this site or in respect to the Service constitutes the entire agreement and understanding between you and us and govern your use of the Service, superseding any prior or contemporaneous agreements, communications and proposals, whether oral or written, between you and us (including, but not limited to, any prior versions of the Terms of Service).

Any ambiguities in the interpretation of these Terms of Service shall not be construed against the drafting party.

14. Governing Law

These Terms of Service and any separate agreements whereby we provide you Services shall be governed by and construed in accordance with the laws of Hohenzollernstrasse 15, 53173 Bonn, Germany.

15. Changes to terms of service

You can review the most current version of the Terms of Service at any time at this page.

We reserve the right, at our sole discretion, to update, change or replace any part of these Terms of Service by posting updates and changes to our website. It is your responsibility to check our website periodically for changes. Your continued use of or access to our website or the Service following the posting of any changes to these Terms of Service constitutes acceptance of those changes.

16. Contact information

Questions about the Terms of Service should be sent to us at contact@oneresilientearth.org.

 

Copyright: © 2019-2020 OneResilientEarth gGmbH
All rights reserved.

Contents and compilations published on these websites by the providers are subject to German copyright laws. Reproduction, editing, distribution as well as the use of any kind outside the scope of the copyright law require a written permission of the author or originator. Downloads and copies of this website are permitted for private use only. The commercial use of our contents without written permission of the originator is prohibited. Copyright laws of third parties are respected as long as the contents on these websites do not originate from the provider. Contributions of third parties on this site are indicated as such. However, if you notice any violations of copyright law, please inform us. Such contents will be removed immediately.