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    Last modified on April 20, 2021

    1. Definitions

    1.1. Terms which are capitalized in this Disclaimer have the following meaning:
    (a) Content means all information, data, images, streams, videos, blogs, vlogs or other content or services provided to Visitor on or through the Website;
    (b) EarthToday means EarthToday.Com BV;
    (c) Intellectual Property Rights means all intellectual property rights, including copyrights, patents, utility models, trademarks, service marks, design rights, database rights, proprietary information rights, know-how, trade secrets and all other intellectual or industrial proprietary rights as may or may hereinafter exist anywhere in the world;
    (d) Visitor means each person or entity that accesses or uses the Website;
    (e) Users means any person that has an EarthToday account;
    (f) Website means all pages of the EarthToday.com website, and any other website or domain that is made available by EarthToday to Visitor.

    2. Intellectual Property

    2.1. All Intellectual Property Rights in or related to the Website or the Content remain vested in EarthToday, its licensors or the owner or publisher of the Content.
    2.2. EarthToday grants Visitor a limited, non-exclusive, non-transferable, non-sublicensable license to access and use the Website and review the Content, solely for the purposes of EarthToday. Except as expressly permitted by EarthToday in writing, Visitor will not reproduce, store, redistribute, sell, create derivative works from, decompile, reverse engineer or disassemble the Website (except in cases where Visitor has the right to do so under the applicable mandatory law), nor will Visitor take any measures to interfere with or damage the Website or Content.

    3. Content and Liability

    3.1. The Website contains Content. This Content is linked to or added by our Users. Each Visitor can review the Content for general information purposes only. The Content does not constitute advice or recommendations. Statements and opinions expressed in announcements and articles are those of the author(s) and not (necessarily) those of EarthToday.
    3.2. EarthToday is not responsible for the Content and is not liable for any damages that may result from the Visitor’s use of the Content.
    3.3. EarthToday is not responsible for the content of linked sites and/or the way those sites handle your (personal) data.
    3.4. If you are of the opinion that any part of the Content is illegal, abusive, offensive or otherwise inappropriate, please contact us so we can take action where necessary.

    4. Website and Liability

    4.1. Visitor accepts the Website "as is" with any faults or failings and without any representation, warranty or guarantee whatsoever, express or implied, including without limitation any implied warranty of accuracy, completeness, quality, merchantability, fitness for a particular purpose or non-infringement.
    4.2. EarthToday shall not be liable for any damages resulting from the access to or use of (or inability to access or use) the Website, unless such damage is the result of any willful misconduct or gross negligence on the part of EarthToday.

    Last modified on April 20, 2021

    Introduction

    1.Applicability and Parties

    1.1. We call ourselves ‘EarthToday’. We are the Dutch company EarthToday.Com BV, a limited liability company established and existing under the laws of the Netherlands, located at Veemarkt 36D, 1019DD Amsterdam, The Netherlands and registered under company registration number 72614439. Our email address is support@earthtoday.com.
    1.2. EarthToday offers a digital media platform (‘Platform’) currently located at earthtoday.com, that may be used by you with an account (hereinafter referred to as ‘Account’). These terms of service (hereinafter referred to as ‘Terms’) form the agreement between EarthToday.Com BV and its related companies (‘EarthToday’, ‘us’, ‘our’, or ‘we’) and you (‘user’, ‘you’ or ‘your’) that governs your use of the Platform.
    1.3. Using the Platform and the services we offer at the Platform (‘Platform Services’) is referred to as ‘Usage’, and the person doing so is referred to as a ‘User’. By using the Platform, you acknowledge that you have read, understood and agree to be bound by these Terms.
    1.4. No Usage is allowed without agreement to these Terms. You, being the User, acknowledge that you are over the age at which you in your country you can legitimately enter into a legal agreement and provide consent to data processing.
    1.5. Subject to your compliance with these Terms, EarthToday grants you a limited, personal, revocable, non-exclusive, non-sublicensable and non-transferable right of Usage for the purpose mentioned in these Terms.
    1.6. As we are constantly improving and developing EarthToday, we reserve the right to update these Terms, which we may do for reasons that include, but are not limited to, complying with changes to the law or reflecting enhancements to the Platform. If the changes affect your Usage or your legal rights, we will inform you of any changes to the Terms (‘Updated Terms’) by posting the Updated Terms on our Platform and informing you before the date on which they come into effect. If you do not agree to the Updated Terms, you should refrain from further Usage.

    2. Our Services

    2.1. The Platform provides these Platform Services:
    allowing you to create, access, value and share content including (hyperlinks to) articles, videos, music, photos, comments, URLs and other materials (‘Content’) on the Platform;
    enabling you to claim units of nature (protected square meters) through the Platform, therewith fund nature protection, and receive digital proof of protection; and
    enabling you to make donations through the Platform, as set out in clause 9.
    2.2. We make reasonable efforts to provide the Platform Services with due care. However, your Usage is your own risk and responsibility.
    2.3. EarthToday is constantly improving the Platform and the Platform Services in order to optimize the experience for its Users. We may at all times, without prior notification and without becoming liable towards you for any damages, make functional or technical changes or improvements to the Platform and/or the Platform Services or (temporarily or permanently) stop providing the Platform or Platform Services.

    Your Account & Privacy

    3. Your Account and Usage

    3.1. The use of the Platform by Visitors is governed by our Privacy Policy.
    3.2. To create an Account, you must follow a registration process on the Platform. When you create an Account, you must provide us with accurate and complete information.
    3.3. You are not permitted to create or use an Account for another person or entity, unless they have expressly authorized you to do so.
    3.4. For security reasons, you are not allowed to provide access to your Account to someone else in any way. In each and every event, you are solely responsible and liable (to EarthToday and to others) for all activity that occurs using your Account.
    3.5. Your Account may be suspended, cancelled or deleted if we have a reason to believe that you violated these Terms or otherwise the Account is used in an unacceptable or inappropriate manner.
    3.6. Curator - Role; Users by default are assigned the privileged Curator Role. With that role Users become a ‘Content Curator’. The Content Curator curates inspiring content about nature protection and sustainable lifestyle. EarthToday does not create Content itself but enables Content Curators to link to existing online content in a way to make the invisible visible and to group, tag and contextualize this Content to provide (personal) perspective and meaning. You agree that you will only link to online content that you are allowed to link to from our Platform. Your Curator Role may be unassigned if we have a reason to believe that you violated these Terms.
    3.7. Campaigning - Role; Users can request the privileged Campaigning Role. With that role Users become a ‘Campaigner’. The Campaigner collaborates on accelerating nature protection by challenging the Users' social followers. Your Campaigning Role may be unassigned if we have a reason to believe that you violated these Terms.
    3.8. Other roles; our Platform offers other services, additional to the Platform Services, for professional or business purposes. We offer partnerships for Nature Protection organizations, Charity, nonprofit and for-purpose organizations, and for-profit Brand organizations. These services may be subject to additional terms and conditions. If you are interested in using our Platform for such purposes, please contact us at partnerships@earthtoday.com.
    3.9. When you register for an Account using your email address, you will be asked to choose a password. You are responsible for maintaining the confidentiality of your password and all use of your Account. You agree to notify us immediately if you suspect any unauthorized use of your Account or access to your password and take all necessary steps to prevent unauthorized access (such as changing relevant passwords).
    3.10. When you delete your Account, we will remove all the data that we are not legally bound to retain. This means that all your content will be removed, but references may be retained. It also means we will archive your personal data with the data on your transactions and payments for the legally required term. Any units of nature (protected square meters) claimed by you will no longer be visible on the Platform.

    4. Usage Restrictions, fake Account or anonymous Usage

    4.1. You are not permitted to do the following during your Usage:
    use any other tools than those which are approved by EarthToday to search the Platform, or to use data mining, robots, crawlers or any other means to collect data from the Platform;
    collect or harvest any personal data, or deal with personal data in a way that is contrary to applicable law;
    send any commercial or charitable communication as well as any other unsolicited communication to other Users (including soliciting, for commercial purposes, any User with respect to their Content);
    use the Platform Services for any reason other than your personal, non-commercial use, as intended and facilitated through the functionality of the Platform Services;
    copy, reproduce, sell, license or otherwise commercially exploit any Content of other Users, without prior written consent and clear attribution of EarthToday and/or the respective licensors of the Content;
    reproduce or decompile the Platform or apply reverse engineering to it (other than expressly allowed by mandatory law);
    remove or circumvent any security measures or technical limitations of the Platform Services and the Platform; or
    engage third parties to perform any of the abovementioned acts.
    4.2. We cannot prevent you from creating an Account with fake or anonymous names or contact information. But that would be a pity. We aim to build EarthToday on trust and not making yourself known to others prevents that from happening. It will also mean that you will not be entitled to any stock certificates and become a joint owner of EarthToday as described in clause 9.4.

    Content, Curation, Moderation & Takedown

    5. Use of Content on the Platform

    5.1. In using the Platform Services, you may be exposed to Content that is factually inaccurate, offensive, indecent, or otherwise objectionable to you. You are responsible for the use of any such information, and you should make your own inquiries to check if the information is accurate and complete. You agree to waive, and hereby do waive, any legal or equitable rights or remedies you have or may have against EarthToday with respect to any such Content.
    5.2. EarthToday does not endorse or promote any Content made available through the Platform Services by its Users, other than for discovery of the Content. EarthToday expressly disclaims any and all liability in connection with such Content.
    5.3. The Platform may contain links to third-party websites, advertisers, services or other events or activities that are not owned or controlled by EarthToday. EarthToday is not responsible for the contents (including the accuracy, completeness or suitability) of any linked site, or any link contained in a linked site. EarthToday does not endorse any information on linked sites or any associated organization, product or service.
    5.4. If you think that certain Content is in violation of these Terms or applicable law, you should notify us under our Notice and Takedown Policy.

    6. Your Content

    6.1. EarthToday allows you to add, access, group, tag, value, share and contextualize Content on the Platform, and to share Content via public channels. You are solely responsible for the Content you add, use, link to or share and the consequences of sharing it.
    6.2. You are not permitted to make Content available which, at the discretion of EarthToday:
    is conflicting with the EarthToday values and purposes;
    is discriminatory, hurtful, offensive or inappropriate;
    is false or misleading;
    incites violence against or harassment of others;
    contains violence or pornographic material;
    is illegal or promoting illegal activities;
    infringes the copyrights, database rights, trade names rights, trademark rights, or other intellectual property right (‘IP Rights’) of a third party;
    infringes third party privacy or publicity rights;
    contains viruses, trojan horses, worms, bots, or other software which can cause any interference, loss or damage to the Platform or any data, or which makes it unusable or inaccessible or deletes it;
    is directed at individuals younger than 16 years of age.
    6.3. You represent and warrant that your Usage, and all Content you link to or (otherwise) add to the Platform (‘Your Content’), complies with the Terms. You also represent and warrant that you have all necessary licenses, rights, consents, and permissions so that EarthToday can use Your Content for the provision of the Platform Services and can otherwise use Your Content in the manner contemplated by the Platform Services and these Terms.
    6.4. EarthToday reserves the right, without prior notice, to remove, refuse, alter and/or abridge any Content in its absolute discretion.
    6.5. You retain all rights in the Content you share on EarthToday. What is yours stays yours. When you post Content on the Platform, you automatically grant:
    to EarthToday a royalty-free, worldwide, irrevocable, sub-licensable and transferable right to use this Content for, and related to, the provision of the Platform Services to all of the Users;
    to each User, a royalty-free, worldwide, irrevocable, sub-licensable and transferable right to access your Content through the Platform Services, and to (re-)use, store, display, modify and prepare derivative works of such Content to the extent facilitated by the functionality of the Platform and under these Terms.

    7. Trademarks, Copyrights and Intellectual Property

    7.1. Apart from Your Content, all other Content on the Platform and the Platform itself is owned by or licensed by EarthToday and may be subject to IP Rights of EarthToday or EarthToday’s licensors. Nothing in these Terms or the Platform is intended to transfer IP Rights to you.
    7.2. In order to avoid any risk of confusion, the EarthToday name, logo or other trademarks (such as UON, uon or M2) should not be used to endorse any product, entity or idea without our express written permission.
    7.3. EarthToday and its employees do not accept or consider unsolicited materials or ideas, including ideas for new or improved technologies, processes, services, materials, promotions or plans. Unless we have a prior agreement with you, please don’t submit unsolicited materials, ideas, concepts, suggestions or other works in any form to us. However, if you do submit anything, and regardless of what you state in your submission, you agree that we are free to use any such submission or content for any purposes whatsoever, including, without limitation, developing and marketing products and services, without any liability or obligation of any kind to you.
    7.4. If you are a content owner (or agent) and have evidence that a User is using the Platform to share your copyrighted materials without the right to do so, you should contact us under our Notice and Takedown Policy. We may terminate the Account of repeat copyright infringers in appropriate circumstances.
    7.5. Please note that EarthToday is a passive provider of Content, and any copyrighted materials do not reside on our Platform (except for a preview image retrieved from the linked site). If you are seeking removal of the infringing materials from the Internet, please contact the service responsible for hosting them.

    Financial Responsibility

    8. uon, UON-store and your Account

    8.1. (‘UON’) (uppercase) is the Union Of Nature Foundation or UON Foundation. EarthToday is a distributor for UON.
    8.2. A unit of nature (“uon”) is either 1 m2 of land, or 9 m2 of sea. A uon is a unique digital proof of a sustainably protected unit of nature, registered to your name. uon (lowercase) is used in both singular and plural form.
    8.3. uon are issued by UON on behalf of the Nature Protection Organizations (‘NPO’) that are members and suppliers of UON, and are distributed by EarthToday. All uon are issued and administered in the registration platform (‘UON-store’) that is governed by or on behalf of the Union of Nature Foundation.
    8.4. In order to claim and register the uon the User will need an account at the UON-store. If there is no UON-store account linked with the EarthToday Account, we will request UON to create a linked UON-store account. You acknowledge that for the creation of this linked UON-store account, we will provide some personal data to UON. UON will be the data controller of the further processing of your personal data.
    8.5. At some point in the future when UON-store will add other distributors we will provide the option to Users to create a new separate UON-store account or link to an UON-store account that you have created yourself.
    8.6. You can see the details of your uon, including the stewarding NPO and the exact location thereof in your Account. EarthToday does not claim to own, manage or have any rights to any of the underlying land or water. EarthToday uses reasonable efforts to ensure that the owning and/or stewarding NPO shall sustainably protect the land and water. A uon does not grant you any rights of ownership or other rights to the related land or water. You acknowledge that UON has concluded contractual arrangements with NPOs that have in our view a sufficient form of control over the land and/or water, but protection of the land/water remains subject to circumstances beyond the reasonable control of UON and EarthToday. If the land or water to which you have received uon is no longer available under the UON program, the uon you have received will be replaced by (an)other uon.

    9. Protect m2, purchase retail uon

    9.1. Users can protect m2 of nature directly by paying the appropriate standard amount (currently €1,20/ m2) or any multiplication of this standard amount. Payments can be made via iDeal and by credit card. EarthToday may add or remove methods of payment. Payments must always be made for an amount of at least €1,20 or a multiplication thereof. EarthToday may change this amount from time to time, but such changes will not affect any uon already registered to you.
    9.2. Upon payment the User: 1) will receive 1 uon, or any multiplication thereof, and 2) asks us to make a donation to a charity organization on your behalf. We shall select the relevant uon that you have claimed (after your own purchase or by using the code you received from one of our participating brands) and show the uon in your Account.
    9.3. We receive your donations for the charities (Nature Protection Organizations that partner with UON and EarthToday, or selected charities that partner with EarthToday) that are supported with the donations. For the moment, we shall distribute the donations to the various charities on your behalf. In the future, you will be able to select the charities you want us to donate to on your behalf.
    9.4. Additionally, for every uon that you have directly paid for you are rewarded with an option on a non-tradable stock certificate in EarthToday.Media BV, the parent company of EarthToday.Com BV, subject to the terms of administration of the shareholding trust foundation EarthToday.Force (‘Administratievoorwaarden STAK EarthToday.Force’). This de-facto makes you a non-voting shareholder of EarthToday. This way we share ownership and responsibility. At some point in the future, these certificates will be registered to your name, and additional verification will be required.
    9.5. Please be aware that your legal right to revoke the purchase will only affect your claim of uon and not your donation to charity. If you decide to insert your right to revoke, you must send an email to uon-revoke@earthtoday.com within fourteen days after the day you received your uon. If you exercise your right to revoke the claimed nature protection, we will refund you the part of the price paid that relates to the claimed uon and remove the digital proof of your claimed nature protection.

    Other

    10. Exclusion of warranties

    10.1. Nothing in the Terms shall affect any statutory rights that you are always entitled to as a consumer and that you cannot contractually agree to alter or waive.
    10.2. The Platform is provided “as is” and EarthToday makes no warranty or representation to you with respect to it. In particular, EarthToday does not represent or warrant that your Usage will meet your requirements; be uninterrupted or otherwise free from error; that any information obtained through your Usage will be accurate or reliable; or that any defects in the functionality of the Platform will be corrected. No conditions, warranties or other terms (including any implied terms as to satisfactory quality, fitness for purpose or conformance with description) apply to the Platform Services except to the extent that they are expressly set out in these Terms.

    11. Limitation of liability

    11.1. To the extent permitted by applicable law, EarthToday excludes any and all liability, to you or to any third party, whether in contract, tort or otherwise, for any loss (including direct and indirect loss and damage) howsoever caused (including through our negligence) suffered or incurred by you, arising from or in connection with your Usage.
    11.2. In the event that EarthToday cannot lawfully exclude its liability under applicable law, EarthToday expressly excludes any and all liability for indirect damages such as loss of profits, loss of reputation, loss and damage of data and loss of goodwill. In the event that EarthToday shall be liable for any direct or indirect damage, such liability will not exceed the amount of €500 per event.
    11.3. You are liable for and indemnify EarthToday completely against any damages and costs which EarthToday may suffer or incur as a result of a breach of the Terms by you, your Usage or any unlawful act by you or relating to Your Content. You will have to reimburse all costs and damages that in any way relate to such a claim.
    11.4. Nothing in this article shall operate to exclude or limit the liability of either party for death or personal injury resulting from that party’s negligence; for fraud or fraudulent misrepresentation; for damages caused by intentional misconduct or gross negligence or for any loss or damage which may not be validly excluded or limited by applicable law.

    12. Miscellaneous

    12.1. We may assign or subcontract rights and obligations arising from these Terms to third parties and will notify you of this. You are not permitted to assign or purport to assign to third parties any right derived from the Account without our prior written consent.
    12.2. If any provision of these Terms is held to be void, invalid, unenforceable or illegal for any reason, it is to be read down to give it as much effect as possible, or if it is not capable of having any effect at all, it is to be severed from these Terms, in which case, the remainder of these Terms shall continue in full force.
    12.3. The latest version of the Terms constitutes the entire agreement between you and EarthToday and govern your Usage and completely replace any prior agreements between you and EarthToday in relation to the Usage.
    12.4. You acknowledge and agree that each member of the group of companies of which EarthToday is a part shall be third-party beneficiaries to these Terms and that such other companies shall be entitled to directly enforce, and rely upon, any provision of these Terms which confers a benefit on (or rights in favor of) them. Other than this, no other person or company shall be a third-party beneficiary of these Terms.
    12.5. These Terms and the Usage shall be governed by Dutch law. To the extent that national or international law do not prescribe otherwise as mandatory, any disputes that arise or are related to agreements subject to these Terms, or arise therefrom, will solely be submitted to the Amsterdam district court.

    Last modified on April 20, 2021

    1. Introduction: processing of your personal data

    We call ourselves ‘EarthToday’. We are the Dutch company EarthToday.Com BV, a limited liability company established and existing under the laws of the Netherlands, located at Veemarkt 36D, 1019DD Amsterdam, The Netherlands and registered under company registration number 72614439. Our email address is support@earthtoday.com.
    To enable your visit to and use of our digital media platform (‘Platform’) currently located at earthtoday.com, we have to process some of your personal data. Using the Platform is referred to as ‘Usage’. In this document we explain what data we process in relation to your Usage, for what purposes, how we protect your personal data and what your rights with respect to this processing are. With respect to the processing of your personal data, we distinguish between the people that just visit the Platform (‘Visitors’) and the people that have created an account with us for use of the Platform (‘Users’).
    As a data controller, we process certain personal data that you have provided to us about yourself. Most of the personal data we process, we receive directly from you. Either because you choose to provide the personal data to us, or in the course of your Usage of the Platform.

    2. General processing for Visitors and Users

    2.1. The Platform uses cookies to optimize your experience and to help us improve our Platform. We will never use cookies for profiling or for advertisements. The use of cookies is set out in our Cookie Policy.
    2.2. For Visitors, we do not process any personal data other than as described in the Cookie Policy.
    2.3. If you decide to become a User, you must provide us with the following personal information as part of the account registration process:
    When signing in using your email address and password: your first and last name; and your email address.
    When signing in using a social provider such as Facebook or Google: permission for storing a limited-time session identifier; permission to store your first and last name, your email address, obtained through the social provider; and permission to store your social provider image reference (we do not store or copy the image itself, just a link to it).
    2.4. If you are a User and depending on how you interact with our Platform, through your Usage, we may collect the following personal information about you, which we have grouped together as follows (the underlined data objects are publicly visible):
    Identity Data, which may include first name, last name, title.
    Contact Data, which may include email address, links to your social media accounts, and phone numbers. This data will only become publicly visible if you explicitly decide to share it.
    Profile Data, which may include username and password, location, organizational roles, customer service requests, profile pictures, personal quotes, your interests, Platform preferences, feedback and responses; and preferences in receiving communications from us.
    Content Data, which includes Decks, Cards and comments you create, share, follow or value. This information is coupled directly to your personal account. Please note that you should only post Content on the Platform if you are comfortable with this information becoming public. You may want to be especially cautious when posting sensitive personal data, such as data revealing racial or ethnic origin, political opinions, religious or philosophical beliefs, trade union membership or data concerning your health or sex life. Also, we must ask you to only post personal data about other people if you have the explicit consent from this person.
    Transaction Data, which includes details about units of nature (protected square meters) purchases made by you and related payments from you, including your location to determine applicable VAT; units of nature (protected square meters) claimed by you and what brands donated those units of nature to you. This information will not be visible to other Users (with exception of the Leaderboards), it will only become publicly visible if you explicitly decide to share it.
    The information in the two groups below is stored in an anonymized or aggregated way only and such aggregate information will only be used by EarthToday for internal business purposes, to help us improve the Platform Services:
    Website Technical Data, which may include the following information: Internet protocol (IP) address, device type, browser type and version, time zone setting and location, operating system and platform.
    Website Analytical Data, about the ways in which you use or interact with our Platform including data about your browsing/usage habits of the Platform: which decks you’ve visited, and how often you access the Platform.

    3. Purposes and legal basis of processing the data

    Your personal data will primarily be processed as this is necessary for the performance of the agreement concluded between you and us for your access to the Platform and your use of the Platform services.
    3.1. We use your personal data for the following purposes:
    to create your Account and to provide access to the Platform;
    to enable the Platform services;
    to store your consent;
    to communicate with you, including responding to messages from you;
    to analyze the use of the Platform for purposes of improving our services;
    to ensure safety, integrity and security of the Platform, by verifying login credentials and detecting and preventing spam or other harmful or unlawful conduct;
    customer service;
    legal compliance.
    3.2. We will not be processing your personal data for any other purposes than the ones mentioned above. If, in due course, we plan to process your personal data for purposes other than the ones mentioned above, we will communicate these purposes to you prior to the use for such other purposes.

    4. Consent and other grounds for the use of your data

    4.1. Your personal data might be processed based on the legitimate interests pursued by us for example, for administrative purposes, or for the purpose of research and development. This legal basis applies, for example, when we process your personal data to communicate with you, to improve the quality of our products and/or services, to provide you with marketing information (incl. direct marketing) about our Platform or the Platform services, and to manage our business operations and IT infrastructure.
    4.2. You can update certain information by accessing your profile via ‘Settings’. You can also unsubscribe from certain emails by clicking the ‘unsubscribe’ link they contain. You can opt out from certain cookie-related processing by following the instructions in our Cookie Policy.

    5. Security and storage of data

    5.1. In general, we will not store your personal data for longer than necessary for the performance of our contract and/or for achieving one of the other above-mentioned purposes. Data may persist in copies made for backup and business continuity purposes for additional time. More specifically, we use the following maximum storage periods:
    delete data from our “live Platform” immediately or within a day after Account deletion or Content deletion;
    delete data from aggregated logging systems after 30 days;
    delete data from aggregated analytics system after 180 days;
    delete data from backups after 180 days.
    5.2. We will perform regular checks to identify personal data which no longer serve any purpose in order to delete them or otherwise anonymize them.
    5.3. Please notice that we may be legally obliged to store your personal data for a longer period of time to comply with statutory requirements.
    5.4. We highly value the security of your data. We take all the reasonable administrative, technical and organizational measures to ensure the security and confidentiality of your personal data and to protect your personal data against unauthorized or accidental access, loss, misuse, disclosure, alteration or destruction.
    5.5. Although we endeavor to keep information secure, we cannot guarantee that our security measures will prevent every unauthorized attempt to access, use or disclose personal information. We maintain procedures to deal with any suspected breach of personal information, and we will notify you and any applicable regulator of a breach where we are legally required to do so.

    6. Disclosure to third parties

    6.1. We will only disclose your personal data in compliance with the applicable data protection legislation and only to parties providing sufficient guarantees to ensure the protection of your data and the realization of your rights as a data subject.
    6.2. In providing our services, we use third parties in order to achieve the above mentioned purposes. These parties are our data processors. We enter into processing agreements with all data processors and only share personal data with them on a ‘need to know’ basis and subject to confidentiality and sufficient security.
    6.3. Data processors we use are:
    IT service providers; to host and maintain our online services, perform backup and storage services, transmit communications, and perform analytics services;
    other third party outsourced technical services, that assist us in carrying out our business activities;
    payment service providers, to process payments.
    6.4. We may also share aggregated and anonymized identifiable information for business purposes with:
    brand and content partners;
    agents, consultants and related third parties in the field of analytics, research and development;
    insurance companies.
    6.5. If we are legally obligated to do so, we may also disclose your personal data to government, public authorities, statutory or regulatory bodies and enforcement bodies.

    7. Transfer of your personal data outside of the EEA

    7.1. In principle we process your personal data solely within the European Economic Area (“EEA”), but, in exceptional cases in order to achieve one of the above mentioned purposes, your personal data may have to be transferred to countries outside of the EEA. We will only transfer your data to a third-party located outside of the EEA after a careful check and the signing of a specific agreement (if the country where your data will be transferred to, we will use the Standard Contractual Clauses of the European Commission), in order to ensure that this third party:
    provides appropriate safeguards regarding the level of protection of your personal data;
    ensures the enforceability of your rights as a data subject; and
    provides effective legal remedies to you.

    8. Your rights as Data Subject

    As a data subject, you have the following rights:
    8.1. The right to access: you may at any time request access to the personal data we process concerning you. Upon request, we will provide a copy of your personal data. For any further copies, we may charge a reasonable fee based on administrative costs. If you request a copy of your data by electronic means, and unless otherwise requested, we will provide you all relevant information in a commonly used electronic form.
    8.2. The right to rectification: you have the right to obtain from us the rectification or completion of any inaccurate or incomplete personal data concerning you.
    8.3. The right to erasure: you may request us to delete (part of) your personal data in the following situations:
    the personal data are no longer necessary for achieving the purposes for which they were collected or otherwise processed;
    when the processing was based on your consent and you have withdrawn that consent and there is no other legal basis for processing;
    when you objected to the processing of your data (see ‘right to object’ below), and it appeared upon verification that your rights, freedoms or personal interests prevail over our legitimate interests;
    when your personal data have been unlawfully processed;
    when your personal data have to be erased in compliance with a legal obligation to which we are subject; or
    the personal data have been collected in relation to the offer of information society service directly to a person that is below the age of 16 years.
    8.4. The right to object: you may object at any time to the processing of (part of) your personal data when used for profiling or direct marketing purposes, in which cases (that part of) your personal data shall no longer be processed for such purposes. You may also object to the processing of your personal data, when such processing is based on our legitimate interests. In that latter case, we will no longer process your personal data, unless we have compelling legitimate grounds to continue processing, or because such a processing is necessary in the establishment, exercise or defense of a legal claim.
    8.5. The right to restriction of processing: you may request us to restrict the processing of your personal data in the following situations:
    when contesting the accuracy of your data;
    when the processing is unlawful;
    when we no longer need your personal data for the purposes of the processing; or
    pending verification whether our legitimate grounds override yours in the framework of the exercise of your right to objection.
    8.6. The right to data portability: you may request us to receive all your personal data which you have provided to us in a structured, commonly used and machine-readable format, in order to transmit those data to another entity. Where technically feasible, you may also request from us to transfer your personal data directly to this other entity.
    To exercise one of these rights, you can send us an email to support@earthtoday.com and we will try to respond and process your request within 4 weeks.
    If you have a question, request or complaint in relation to our processing of your personal data, we encourage you to contact us at: support@earthtoday.com.
    You may also lodge a complaint with the data protection supervisory authority in the Member State of your habitual residence, place of work or of an alleged infringement of the GDPR. The data protection supervisory authority in The Netherlands, where EarthToday.Com BV is established, is the Autoriteit Persoonsgegevens (autoriteitpersoonsgegevens.nl).

    Last modified on April 20, 2021

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    Last modified on April 20, 2021

    Notice and Takedown Policy

    EarthToday does not create Content but enables Content Curators to link to existing online content and to group, tag, value share and contextualize this content to provide (personal) perspective and meaning. EarthToday does not moderate or monitor Content and does not mediate disputes. For details, please refer to the clauses 5-7 in our Terms of Service.
    If you come across a message that appears to be in conflict with our Terms, you can report it directly to us. We may take a number of steps including issuing a warning, removing the Content, or removing the Accounts responsible.

    Complaints Procedure

    If you believe that certain Content on EarthToday infringes your rights, is unlawful, or in conflict with our Terms, you can notify us by completing and submitting the notification form. Please note that in order to assess your complaint, we need a precise indication of the Content in question, a detailed description of your complaint, and your contact details.
    We take notifications very seriously. Please note that the notification form must be fully completed otherwise we cannot process your complaint.
    Complaints sent by any other means than the notifications form cannot be processed.
    Please note that our assessment may involve notifying a Content Curator of your complaint on your behalf without disclosing your identity.
    If we decide to take action in response to your complaint, we will take appropriate measures to prevent new people from seeing that Content in question. Please note that the Content may have been accessed and/or downloaded on devices and/or used further by people. We cannot ensure the removal of such content from any services, systems or devices under the control and operated by a third party, nor can we prevent such third party from using this Content any longer.
    If you are a Content Curator and believe that EarthToday blocked or removed your Content or Account in error, you may send an objection to support@earthtoday.com. Once your objection is received, we will assess the issue and consider further steps. Whether EarthToday will restore the Content and/or Account is at its sole discretion.

    Standard notification form – EarthToday.com

    If you see something on EarthToday and believe it violates your rights, applicable law or our Terms of Service, please let us know using this form. We take notifications very seriously and kindly ask for your patience while assessing them. Please note that resending notifications does not speed things up.
    We will only use your personal information provided here, for the purpose of this notification.
    Your Contact Information:
    • First name and last name:
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    Disputed Content:
    In order to process your notification, we need a description of where the material that you complain about is precisely located on the Earth Today. The only way to let us know in an accurate manner which content you are complaining about is to provide the link (a.k.a. URL or hyperlink) to the relevant page on our website.
    If there is more than one page you wish to dispute, you must add additional links. If the allegedly unlawful content is a picture or video, please provide a detailed description of the picture/video in question so that we may locate it on the link in question.
    • Link(s) of the content that your complaint is about:
    Issue:
    Please explain the nature of your complaint below, as well as the territories in which you are asserting your rights. We kindly request you to provide us with a detailed explanation.
    For example, if you complain about infringement of an intellectual property right, please identify the exact intellectual property right(s) that you believe have been infringed as well as the reason(s) why this is so. Where possible, please attach relevant supporting documentation when sending this notification form to us.
    • Explanation:
    • Territories in which you are asserting your right(s):
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    Signature:
    By submitting this notification, you warrant that:
    • you are convinced that use of the material being complained of is indeed in violation of your rights or applicable law, and
    • all the information provided herein is accurate, and
    • you are authorized to complain about the disputed content (e.g. in case of a copyright claim, you are the rights holder or authorized to act on behalf of the owner of the exclusive right that is allegedly infringed).
    By submitting this notification, you recognize that your personal data will be used by EarthToday in the context of its Notice and Takedown Policy. This may include forwarding your notification, including your contact details, to the relevant content provider.
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