Climate Impact Calculator

TERMS AND CONDITIONS OF USE OF THE CLIMATE IMPACT CALCULATOR

Version #1, June 2023

These Terms and Conditions of Use (“ Terms ”) establish the general conditions for the use of the Climate Impact Calculator, through the website www.aondaverde.com.br/calculadora, (“Platform”), by CLIMATE VENTURES (“ CLIMATE VENTURES ” or “ we ”), applicable to any mobile device and computer.

To use the Platform, you must indicate that you have read, accept and agree to comply with these Terms in their entirety by clicking the button below “I DECLARE that I have read, understood and agree with these Terms and Conditions of Use”.

If you do not agree with these Terms, you may not access or use the Platform in any way. If you wish to stop using the Platform at any time, simply stop using the services.

We emphasize that these Terms may be changed at any time by publishing updated versions. Therefore, in order to guarantee the transparency and accuracy of the information contained herein, you will be notified if there are any substantial changes to these Terms. If you do not agree with these changes, you will no longer be able to use the services available on the Platform.

1. ABOUT THE PLATFORM

1.1. The Platform refers to the “Climate Impact Calculator” project and consists of collecting information regarding the impact produced by the solutions. By filling in data on the Platform, information is sought about the participating organization, the key sector of activity, the related impact factors, the extent of the impacted area, the types of inputs to be reduced, among other information.

1.2. By gathering such information, the Platform calculates the climate impact of each organization's solution and provides information on tons of carbon, equivalent emissions in cars, share of avoided emissions per area of impact of the initiative, etc.

2. OUR USERS: WHO CAN USE THE PLATFORM

2.1. The Platform can be used by any natural person (“USER” or “you”), within the limits established by law and these Terms, as it does not have content subject to age restrictions.

3. OBJECT OF THE PLATFORM

3.1. CLIMATE VENTURES makes its Platform available for public and free use to its USERS, to enable the calculation of the climate impact of a given initiative, based on data provided by USERS.

3.2. The USER may use the Platform for the purpose listed above based on their business. Improper use of the Platform may result in the limitation or suspension of the USER's use of the Platform, as provided for in these Terms.

4. LIMITS TO POSTS ON THE PLATFORM

4.1. CLIMATE VENTURES values the free expression of USERS on the Platform, with freedom of expression, communication and expression of thought being guaranteed, safeguarding the limits provided for by law and outlined in this Item of the Terms.

4.1. USERS understand their obligation not to share, transmit or otherwise publish through the Platform any content that:

i) Is unlawful, racist, sexist, defamatory, hateful, harassing, threatening, invasive of privacy or publicity rights, abusive, inflammatory, fraudulent or otherwise objectionable or harmful;

ii) Would constitute, encourage or provide instructions for a crime, violate the rights of any party, endanger the safety of USERS or otherwise create liability or violate any local, state, national or international law;

iiii) May infringe or violate any patent, trademark, trade secret, copyright or other intellectual or proprietary rights of any party;

iv) Configure advertising content containing promotions, political campaigns, advertising or requests;

v)Include links or files that contain or are viruses, spyware, malware or other content harmful to the Platform or USERS; or even if

vi) Restricts or inhibits any USER from using or enjoying the Platform, or that may expose CLIMATE VENTURES or its USERS to any danger or liability of any nature.

4.3. The USER further acknowledges that they must have the express authorization of the owners or authors to share content or make publications that are not their own or exclusive authorship.

4.4. The USER acknowledges that they are exclusively responsible for the content they post or transmit using the Platform, and CLIMATE VENTURES does not have any responsibility, including prior editorial control, over the content published on the Platform.

5. SECURITY AND LIMITS TO THE USE OF THE PLATFORM

5.1. The USER must not in any way impair the perfect functioning of the Platform, including, but not limited to:

i) The introduction of viruses, trojans, worms or any other malicious or harmful device;

ii) Unauthorized access to the platform or any server, computer or database related to the Platform;

iii) To carry out any action that imposes or may impose, at our discretion, an unjustifiable or disproportionate burden on CLIMATE VENTURES' infrastructure.

5.2. The USER further agrees not to:

i) Modify or otherwise copy, distribute, transmit, display, perform, reproduce, publish, license, create derivative works, transfer, sell or resell any information, software, products or services obtained from or through the Platform;

iii) Access, monitor or copy any content or information from the Platform using any type of bot or other automated means or any manual process for any purpose, without the express authorization of CLIMATE VENTURES to do so;

iii) Frame, mirror or otherwise incorporate any part of the Platform into any other website or application without the express authorization of CLIMATE VENTURES to do so; or

iv) Attempt to modify, translate, adapt, edit, decompile, disassemble or reverse engineer any software program related to the Platform.

5.3. CLIMATE VENTURES will make every effort to ensure that its virtual security is not breached. However, in view of the technological advancement of cyber invasions, CLIMATE VENTURES is not responsible for any loss, damage or damage resulting from the violation of our virtual security by third parties, except with regard to those arising from incidents involving USERS' Personal Data and that result in relevant risk or damage to these holders, in accordance with the provisions of the General Data Protection Law (“LGPD” or “Law 13,709/2018”).

6. PLATFORM AVAILABILITY

6.1. Access to the Platform will be available, as a rule, on an uninterrupted basis.

6.1.1. Exceptionally, the USER acknowledges that the Platform may experience interruptions scheduled by CLIMATE VENTURES for maintenance or testing of the Platform, or due to possible problems inherent to the use of technologies, software and systems.

6.1.2. Without prejudice to the provisions above, the USER further acknowledges that technical or operational failures may occur that make the use of the Platform difficult or impossible, for any reason.

6.2. In any case, CLIMATE VENTURES will not be held responsible for damages caused as a result of any interruption, suspension, discontinuation or unavailability of the Platform services for any reason, nor in any way for any technical malfunction that may occur on the Platform. CLIMATE VENTURES will not be held responsible for any direct or indirect damages that may arise due to technical defects, failures or short- or long-term malfunctions.

6.3. Your use of the Platform may be limited or suspended in case of misuse of the tool or legal violation or of these terms. Therefore, CLIMATE VENTURES reserves the right to unilaterally cancel, suspend, deactivate, block or terminate the USER's access to the Platform, with unilateral termination of the Terms, if:

i) Any violation of current legislation, these Terms or the CLIMATE VENTURES Privacy Policy is identified from your account;

ii) The practice of fraudulent attitudes is identified, directly or indirectly, through the use of the Platform;

iii) Your actions result in any direct or indirect damage to CLIMATE VENTURES, its USERS or third parties;

iv) You use the Platform for commercial or advertising purposes;

v) Requested to CLIMATE VENTURES through a request from a competent judicial or administrative authority;

vi) CLIMATE VENTURES identifies other scenarios in which, at its sole and discretionary discretion, it deems the adoption of these measures necessary.

7. PROTECTION OF PERSONAL DATA

7.1. Upon acceptance of these Terms by the USER, CLIMATE VENTURES may process the user's Personal Data in accordance with the provisions of its Privacy Notice, which is an integral part of these Terms and prepared in accordance with the requirements established by current legislation.

8. INTELLECTUAL PROPERTY

8.1. Unless otherwise specified, you must assume that all information and content that is available through the Platform is protected under copyright legislation and must not be used in any way other than that established in these Terms or without the express authorization of CLIMATE VENTURES and any other party that CLIMATE VENTURES deems necessary.

8.2. You undertake not to copy, reproduce, modify, republish, upload, publish, transmit or distribute any documents or information from the Platform in any form or by any means, without the prior authorization of CLIMATE VENTURES.

8.3. CLIMATE VENTURES' trademarks may not be used commercially, in whole or in part, without prior authorization.

8.4. Any products, services, programs or technologies described on the website and the Platform may be protected by intellectual property rights (which includes, but is not limited to, copyrights, software, trademarks or patents) owned by CLIMATE VENTURES or third parties. Any of these rights that are not expressly licensed in this document are reserved to CLIMATE VENTURES or their respective holders, as applicable.

9. RESPONSIBILITY OF THE PARTIES

9.1. Under no circumstances will CLIMATE VENTURES or its advisors, partners, employees or agents be liable for any damages, indirect or unforeseen, or for any other damages of any kind, arising from or in any way linked to the use of or inability to use or view the Platform , services, products, USER content or other materials on the Platform, or due to the improper and/or intentional use by third parties of the content published on the Platform by USERS.

9.2. No responsibility of any kind, be it accessibility, veracity, legality of the content or any other, may be attributed to CLIMATE VENTURES when the USER, through the Platform, accesses websites or links owned, administered and/or third party control.

9.3. Any and all material, data or information included by the USER on the Platform will be their full and total responsibility, being exclusively responsible for any losses caused to third parties or to CLIMATE VENTURES.

10. GENERAL PROVISIONS AND ACCEPTANCE OF TERMS

10.1. New tools, services and activities may be added to the Platform at any time, as well as existing ones may be excluded, without any prior notice to the USER. Any and all new tools or activities included in CLIMATE VENTURES will automatically be linked and subordinated to these Terms.

10.2. If any of the conditions of these Terms are considered invalid, illegal or unenforceable, the provision in question will be enforced to the maximum extent permitted by applicable law, without affecting the validity, legality and enforceability of the other conditions.

10.3. Any concession or tolerance for non-compliance with any obligation related to these Terms will be considered mere liberality, not constituting a novation, invocable precedent, tacit alteration of the Terms, waiver of rights or acquired rights of the USER of the Platform.

10.4. If you have any questions regarding the interpretation and scope of these Terms, you can contact us via email contato@aondaverde.com.br.

10.5 By using the Platform you represent, warrant and agree that your access and use do not violate any applicable law or regulation.

PRIVACY NOTICE FOR CLIMATE IMPACT CALCULATOR

Version No. 1, June 2023

This Privacy Notice (“ Notice ”) establishes the rules on the use of Personal Data collected from users (“ you ”, “ yours ” and “ yours ”), through the Climate Impact Calculator, on the website www.aondaverde.com. br/calculadora, from CLIMATE VENTURES (“ CLIMATE VENTURES ” or “ us ”), applicable to any mobile device and computer.

The main objective of this Notice is to make the Processing of Personal Data transparent, as well as to inform and clarify which Personal Data is collected and used by us, in general.
We may change the Notice at any time, but you will be notified when we make any material changes.

If you do not agree with the Processing carried out by us, do not fill out any form available on our Platform and do not provide us, by any means, with your Personal Data.

1. OUR COMMITMENT TO YOUR PRIVACY

At CLIMATE VENTURES we are committed to protecting your privacy, ensuring that your Personal Data is treated in accordance with the LGPD and best market practices. Therefore, we are transparent about our practices and are available to talk whenever you want.

Therefore, see below some of the principles that guide the way in which we process your Personal Data:

(i) All collection and Processing of Personal Data will be carried out in accordance with this Notice and strictly to fulfill the purposes specified herein.

(ii) Your Personal Data will not be transferred, sold, rented or disclosed in any way other than what we indicate in this Notice.

(iii) When any Personal Data is no longer necessary and we do not have a legal obligation to store it, our intention is to delete, destroy or anonymize it.

(iv) Our intention is to collect the smallest amount of Personal Data possible, therefore, we intend to collect only the Personal Data that is necessary to fulfill the purposes described here.

2. IMPORTANT DEFINITIONS

See below some important definitions to better understand the protection we apply to your Personal Data, the limits of our use and your rights:

(i) “Personal Data” means all information related to an identified or identifiable natural person, under the terms of the LGPD, originating or collected by the Controller; or those collected, generated, or in any way Processed by the Controller.

(ii) “Holder” means an identified or identifiable natural person to whom the Personal Data that is the subject of Processing refers.

(iii) “Processing” means any operation carried out with Personal Data, such as those relating to collection, production, reception, classification, use, access, reproduction, transmission, distribution, processing, archiving, storage, elimination, evaluation or control of information, modification, communication, transfer, dissemination or extraction, under the terms of the LGPD.

(iv) “Controller” means the natural or legal person responsible for decisions regarding the Processing of Personal Data, in this case, CLIMATE VENTURES.

(v) “Operator” means natural or legal person who carries out the Processing of Personal Data on behalf of the Controller.

(vi) “General Data Protection Law” (“LGPD”) means Law No. 13,709/2018, responsible for providing for the Processing of Personal Data, in physical and digital media, which is applicable to all Processing operations carried out in the territory Brazilian national; any operation that aims to provide goods or services in the Brazilian national territory; any operation involving Personal Data of Holders located in the Brazilian national territory; or any operation whose Personal Data was collected in the Brazilian national territory.

3. DATA SUBJECTS’ RIGHTS AND HOW TO EXERCISE THEM

In certain circumstances, you, as the Personal Data Holder, have the following rights:

(i) Confirm whether we are processing any Personal Data relating to you.

(ii) Obtain information, in a clear, adequate and clear manner, about the Processing of your Personal Data, such as the purpose of the Processing, the period for which it will be stored and with whom we share it, and what Personal Data we have about you.

(iii) Access the Personal Data we have about you, including obtaining a copy, if the Processing is based on your consent.

(iv) Correct any incorrect, incomplete or out-of-date information about you.

(v) Request the deletion of your Personal Data that is being processed based on your consent – however, we cannot delete Personal Data that is necessary to comply with legal obligations.

(vi) Request, at any time, the anonymization or blocking of your Personal Data that is not necessary or processed in accordance with the law.

(vii) Be informed, if any, about the public and private entities with whom we share your Personal Data.

(viii) Revoke your consent, at any time, to the Processing of your Personal Data.

4. PURPOSE OF PERSONAL DATA PROCESSING CARRIED OUT BY US

See below the Personal Data we may collect and store, what we intend to do with it and what we transfer it to. Where necessary, we will ask you to consent to each of these uses in specific consent terms.

CLIMATE VENTURES will use and/or share your Personal Data in accordance with what you consent to below, according to our Data use purpose table:

Furthermore, the Personal Data indicated above will be kept in our system as long as necessary to fulfill the purposes described or as long as a relationship exists between us, unless before that, you request their removal from our database.

5. LIMITATIONS ON COLLECTION, USE AND DISTRIBUTION OF PERSONAL DATA

When collecting your Personal Data, through the Platform, CLIMATE VENTURES:

(i) Does not use your Personal Data for marketing purposes, without first requesting your consent or identifying a commercial relationship between us;

(ii) Takes all appropriate measures, by contract or otherwise, to provide adequate protection to Personal Data that is transferred to third parties;

(iii) Uses the Personal Data collected for browsing the Platform, as well as for the purposes eventually chosen by the user, during access and when duly requested by him.

6. TRANSFER OF DATA TO THIRD PARTIES

We may share your Personal Data with other companies that provide cloud/database storage services or other technology service providers that serve to enable the use of the Platform. We always advise these third parties on how to process your Data, keep it secure and comply with the law.

Your Personal Data will not be transferred, sold, rented or disclosed in any way that is not written in this Notice.

7. SECURITY MEASURES TO PROTECT PERSONAL DATA

The Data collected will be stored in a secure environment, subject to the state of the art available, and may only be accessed by qualified people authorized by CLIMATE VENTURES.

We have tools to protect your Personal Data from malicious or unauthorized third parties. We adopt appropriate security measures to protect against unauthorized access, alteration, disclosure or destruction of Personal Data. These measures include internal reviews of our Data collection, storage and processing practices.

Although we use security measures that help protect your Personal Data against unauthorized distribution, misuse or alteration, as with all computer networks linked to the Internet, we cannot guarantee the security of information provided over the Internet and are not responsible for breaches security issues that are beyond our reasonable control.

If there is a breach of security systems, we will attempt to notify you electronically so that you can take protective measures.

8. RETENTION OF PERSONAL DATA

CLIMATE VENTURES retains Personal Data collected on our Platform as long as necessary to provide the functionalities presented on the Platform and provide requested information or as permitted or required by applicable legislation.

9. CONNECTION AND ACCESS REGISTRATION

Due to a legal obligation, set out in the Marco Civil da Internet, Law nº 12,965/14, we are obliged to store, for at least six months, browsing data on our Platform and, eventually, judicial authorities may request such information.

Browsing data includes: IP addresses, Uniform Resource Identifiers (URIs), request times, methods used to send requests to the server, size of files received in response, numeric codes indicating the status of the server's response, and other parameters related to the user's operating system and computing environment.

The computer systems and software designed to navigate this Platform collect, during normal use, certain Personal Data, the transmission of which is implicit in the use of Internet communication protocols. As a rule, this information is not collected to identify users, but, due to its nature, it may allow this identification through associations with other data.

10. THIRD PARTY SITES

The Platform may contain links to websites that are not managed by us, without us having a direct relationship with their activities, their content, or their administrators.

We declare that we are not responsible for the privacy practices of these sites and recommend that you review the privacy policy published on the sites you visit before using them or providing your personal data.

11. APPLICABLE LAW AND JURISDICTION

The Notice must be interpreted in accordance with applicable Brazilian legislation, more specifically in accordance with Laws No. 12,965/14 (“Marco Civil da Internet”) and No. 13,709/18 (“General Data Protection Law”).

The Forum of the District of São Paulo is elected to resolve any dispute, question or doubt arising, with the express waiver of any other.

12. CONTACT WITH CLIMATE VENTURES

If you have any questions, you can contact us via email contato@aondaverde.com.br.