GIZ as operator of the website www.ssct-revision.org
GIZ (hereinafter referred to as "GIZ") is the operator of the website www.ssct-revision.org (hereinafter referred to as "website") and the services offered on it. The content of the website is developed by GIZ.
The following provisions ("Terms of Use") govern your and our (GIZ) rights and obligations in connection with the use of the website. The current version of the Terms of Use is available on the website.
Processor polidia GmbH
The Website is technically part of the DIALOG BOX client platform (hereinafter referred to as "DIALOG BOX"), which is operated by polidia GmbH, Mühlenstr. 40, 10243 Berlin (hereinafter referred to as "polidia"). The website represents a so-called DIALOG BOX client. The data will not be used for advertising or newsletter distribution by polidia. Likewise, polidia will not pass on your data to third parties without your consent.
If, in addition and independently of this, you register on other DIALOG BOX clients of polidia (also referred to as "participation websites") for the purpose of active participation in online participations your master data for the creation of the user profile of each further DIALOG BOX client will be taken from the central user account created. You will then have to accept the specific local data protection declarations and terms of use, In this case, registration is possible with a uniform login, as polidia processes this master data uniformly.
Clause 1 Contract of use
a) Subject matter of the contract
The subject of the contract between you and GIZ is the free use of the website. You have no claim to the maintenance of individual functions of the website or to the maintenance of the website itself. GIZ is entitled at any time to change or remove content and functions provided on the website, to make new content and functions available or to discontinue the website altogether.
b) Conclusion of contract
In the case of a first-time registration on the Website, the contract is concluded when you complete the online registration process and then click on the activation link in the confirmation e-mail. Your registration will be deleted if you do not click on the activation link within 48 hours of the e-mail being sent.
If you have already entered your master data on the DIALOG BOX, the contract is concluded by your consent ("Opt-In") on the website.
In both cases, the terms of use must be accepted and the privacy policy of the website acknowledged.
c) Eligible users
The use of the Website is permitted to natural persons from the age of 16. Use by minors requires the permission of their parents or legal guardian(s).
d) Actions of natural persons
If you do not act in your own name, you assure to GIZ that you have been authorised or commissioned to perform the relevant act by the person who authorised you.
e) Availability of the website
polidia endeavors to offer a trouble-free operation of the website. This is naturally limited to services over which polidia has an influence. However, a complete and uninterrupted availability of the website is not technically feasible. polidia endeavors to keep the website available as long as possible. A claim to this does not exist. In particular, access to the website may be restricted in whole or in part, temporarily or permanently, due to maintenance work, capacity constraints and events beyond polidia's control.
Section 2 Access to the website (registration and login data)
a) Registration / Opt-In on the website as a user
In order to use the website for the purpose of participating in stakeholder dialogue offerings, a one-time and voluntary registration on the website is required. Login to the website takes place via e-mail address and password (the "login data").
By registering on the website, a master data record (=name, first name, e-mail, password) is stored on the DIALOG BOX servers. In case of your registration on another DIALOG BOX client via opt-in, the master data for your user profile of this client (central user account) will be taken over.
b) Confidential treatment of login data
You are obliged to handle your login data with care, to treat them confidentially and to prevent misuse of the login data by third parties. This means in particular that the login data must be protected against unauthorised access, modification and other unauthorised access or attacks of any kind by you.
c) User-binding of the user account
Without the express consent of GIZ, you are not authorised to allow third parties to access the Website using your login data. Your membership of the Website is non-transferable.
Section 3: Storage and publication of your user-generated content
You have the possibility to post so-called user-generated content on the website and to participate in the public discussion on the credibility criteria for sustainability standards. User-generated content specifically includes: comments and assessments of the credibility criteria for sustainability standards.
You can post/upload your user-generated content on the website. The content you post may not violate applicable law and may not infringe the rights of third parties, in particular copyright, other intellectual property rights and the personal rights of others. Content of others made accessible on the Website may not be used by you, either in whole or in part or in extracts, for commercial data exploitation or the provision of information and/or for any other commercial exploitation.
Please note: Your user-generated content will be displayed publicly and thus visible to third parties on the website for the duration of the project. This also means that the content you generate can be indexed and found by search engines.
Clause 4 Obligations when using the website
a) Obligation to comply with legal requirements
When using the website, you can communicate with other users of the website in various ways. In doing so, you are obliged to comply with applicable law and not to infringe the rights of third parties (e.g. copyrights and personal rights) and to behave objectively, politely and respectfully towards third parties and their views and customs. This means for you in particular
- not to express yourself in an insulting or otherwise disparaging manner towards others;
- not to behave in a way that may damage the reputation of others, e.g. mentioning their names or disclosing personal details about third parties;
- not to express themselves in an anti-constitutional, racist, sexist, discriminatory, anti-religious, or violence-glorifying or similar manner;
- threaten others;
- not to post any content if copyrights or ancillary copyrights or other intellectual property rights exist in favour of third parties and the entitled parties have not declared their consent to the specific use;
- not to post texts, videos or photographs that make third parties identifiable unless these persons have given their consent.
Netiquette must be observed.
b) Prohibition of technical interference
You are prohibited from any actions that are likely to manipulate, impair and/or excessively burden the operation of the website or the technical infrastructure behind it and its functions/access options. This includes in particular
- the use of software, viruses, robots, scripts or databases in connection with the use of the website;
- blocking, overwriting, modifying, copying data and/or other content, unless this is necessary for the proper use of the Website.
c) Rights to the Website
Insofar as copyrights or ancillary copyrights exist in the Website or the content provided on it, these rights are held by GIZ or by the contractual partners of GIZ who use the Website. You may only use the content available on the website for retrieval on the website. Content may only be reproduced if it has been expressly approved for reproduction (e.g. for downloading) on the website. The use of such content is only permitted for the user's own non-commercial use. Any disclosure to third parties requires our express consent. This does not apply to content that you have posted yourself (see section 3).
Section 5 Blocking access; blocking/deleting content
a) Blocking access
GIZ is entitled to block your access to the website temporarily or permanently if there are concrete indications that you are in breach of your obligations under these Terms of Use, in particular the obligations under Clause 4. In this case, you will be notified of the blocking by e-mail. The same applies to the lifting of the block. The option of extraordinary termination in accordance with section 7 remains unaffected.
b) Blocking/deletion of content
GIZ is entitled to remove individual content (e.g. comments) posted by you on the website or to temporarily or permanently block users' access to it if there are concrete indications that this content violates applicable law or the rights of third parties or the obligations under section 4.
c) Administrator rights of the websites
The powers referred to in Clauses 5 a and b shall also be vested in the operator of the DIALOG BOX, polidia. This means that polidia is also entitled to block/delete content or users on the website, insofar as the actions of the users are based on this website.
Section 6 Correction and deletion of user-generated content
You can delete or correct your user profile at any time. In case of deletion, you will not be able to use the website and, if applicable, the DIALOG BOX, or will not be able to use them to their full extent (see section 2 a). In the event of deletion of your user profile, the content generated by you on the website will be anonymised.
Clause 7 Term of contract and termination of contract
a) Term of the contract
The contract for the use of the Website runs for an indefinite period and may be terminated by you or by GIZ at any time without notice and without giving reasons.
b) Form of termination
Notice of termination may be given in writing to GIZ (GIZ GmbH, Friedrich-Ebert-Allee 32 + 36, 53113 Bonn / Dag-Hammarskjöld-Weg 1-5, 65760 Eschborn, Germany) or by email (ssct@giz.de ). It is equivalent to a termination if the operation of the website is discontinued or if you terminate your registration on the website. When giving notice of termination, please inform polidia whether the termination is to apply only to this website or also to other DIALOG BOX clients used by you. In this case your master data will be completely deleted. If no such notice is given, only your profile on the Website will expire upon termination of your registration for the Website and the master data will be available to other DIALOG BOX clients used by you.
c) Consequences in case of termination of the contract
After termination of the contract you will no longer have write access to the Website and - depending on your notification - to other DIALOG BOX clients you may have used. All contents posted by you will be anonymised.
Section 8 Your Liability / Right to Indemnification
If any actions taken by you in connection with the use of the website violate these terms of use or any legal provisions, in particular if they infringe the rights of third parties, you shall be liable for all claims of third parties arising therefrom. You also undertake to bear all costs, if any, incurred by GIZ and our employees or agents on behalf of third parties. Reimbursable costs also include the costs of reasonable legal prosecution and legal defence incurred to defend against the claims of third parties. GIZ is entitled to assign to injured parties, without your consent, claims arising from the contract which you have negligently or intentionally caused by a breach of your contractual obligations under Clause 4 and which are asserted against GIZ.
Section 9 Liability of GIZ or polidia
Any liability of GIZ and polidia for damages of the user(s) resulting from the use of the information offered on the portal or the retrieval or downloading of data is excluded.
Excluded from this is the liability of GIZ and polidia for intent and gross negligence. GIZ and polidia shall be liable for slight negligence in accordance with the provisions of the Product Liability Act as well as for damages resulting from injury to life, body or health of persons.
In the event of slight negligence, GIZ and polidia shall otherwise only be liable in the event of a breach of a material contractual obligation, the fulfilment of which is a prerequisite for the proper performance of the contract and on the observance of which the contractual partner may regularly rely (cardinal obligation).
The content available on the portal comes partly from GIZ and polidia and partly from users. Content from users is hereinafter referred to as "third-party content". GIZ and polidia do not check the completeness, accuracy and legality of third-party content and therefore do not assume any responsibility or warranty for the completeness, accuracy, legality and timeliness of the third-party content. This also applies with regard to the quality of the third-party content and its suitability for a particular purpose, and also insofar as it concerns third-party content on linked external websites.
Section 10 Rights of use to user-generated content
You grant GIZ and polidia a simple, spatially and temporally unrestricted, irrevocable right of use, free of charge, to user-generated content posted by you on the website for the purpose of storing the content on polidia's servers for the purpose of permanently reproducing the content on the website. Insofar as this is necessary to prevent damage to GIZ, polidia or third parties, GIZ and polidia shall be entitled to delete the contents in whole or in part, to block access to them or to make the contents unrecognisable.
Furthermore, by posting content, you also grant GIZ a free, irrevocable and transferable right to use such content for internal documentation purposes as part of the revision of the Credibility Criteria for Sustainability Standards, esp.
- for internal analysis and reproduction
- to grant or transfer rights of use to other users in accordance with clauses 3 and 4. c) of these Terms of Use, as well as to other third parties (no personal data (anonymized content).
There will be no publication of the content beyond this website.
You are fully responsible for the content you post. GIZ and polidia do not assume any responsibility to review the content for completeness, accuracy, legality, timeliness, quality, or suitability for a particular purpose.
You declare and ensure to GIZ and polidia that you are the sole owner of all rights of the content you post on the website, or are otherwise authorized (e.g., by effective permission from the rights holder) to post the content on the website and to grant the rights of use and exploitation in accordance with these Terms of Use.
Clause 11 Security
GIZ and polidia use appropriate technical and organisational security measures to protect your data against accidental or intentional manipulation, partial or complete loss, destruction or against unauthorised access by third parties. The security measures are continuously improved in line with technological developments.
Clause 12 Amendment of the Terms of Use
GIZ reserves the right to amend these Terms of Use at any time. You will be notified of the changes at least 14 calendar days before they are scheduled to come into force. You have a special right of termination in the event of changes to the Terms of Use, which must be exercised within the notice period. You will be informed of this special right of termination in the announcement. Your termination options pursuant to Clause 7 shall remain unaffected.
Clause 13 Final provisions
a) Ineffectiveness of individual clauses
Should one or more provisions of these Terms of Use be or become invalid, this shall not affect the validity of the remaining provisions.
b) Applicable law and place of jurisdiction
The law of the Federal Republic of Germany shall apply to the exclusion of the UN Convention on Contracts for the International Sale of Goods. The exclusive place of jurisdiction for all disputes arising from and in connection with this contract, irrespective of the legal basis, is the registered office of GIZ at the time of conclusion of the contract.
c. Amendments or supplements
All amendments or additions to the contract must be made in text form (e.g. by e-mail). This also applies to any amendment of these provisions.
d. Assumption of Contract
GIZ is entitled to transfer this contract with all rights and obligations to a company of our choice. The transfer will take effect 28 days after it is notified to you. If this contract is transferred to another company, you will have a special right of termination which must be exercised within the notice period. You will be advised of your special right of termination at the time of notification.
