Our general terms and conditions

Status: [September 2022]

These General Terms and Conditions ("GTC") apply to the use of our website (https://www.landler.io) as well as to the use of our analysis tool for natural capital valuation. Landbanking Group GmbH ("Landbanking Group", "we" or "us") is the operator of the website. Landbanking Group is a limited liability company registered in Germany with its registered office at Platzl 5, 80331 Munich, Germany. 

- Section A of the TOS contains the terms and conditions that apply to your use of our website, regardless of whether you use our analytics tool ("Terms of Use").

- Section B of the GTC contains general provisions that apply to both the use of our website and the analysis tool ("General Terms").

Our privacy policy explains what data we process from you when you use our website. 

SECTION A: TERMS OF USE 

1. Scope

1.1 The use of our website is subject to the provisions in section A (Terms of Use) of our GTC. You can access our terms and conditions online at any time via our website. 

1.2 You may not systematically extract other users' content from our website for use outside our website. The same applies to the use of computer programs for the automated extraction of files, e.g. crawlers, spiders. 

1.3 We cannot technically guarantee the unrestricted availability of our website, as its use requires access and connection to telecommunications networks that are beyond our control. We will endeavor to keep any interruptions to service (e.g. for repairs, maintenance or updating) as short as possible. We may update, amend, suspend, withdraw, discontinue or change all or part of our website and/or its content at any time and without notice.

1.4 Please note that the content on our website may not be up to date at all times. We are under no obligation to update any content. Unless otherwise stated, we do not warrant or guarantee the accuracy, timeliness or completeness of the information and materials on this website, even though we always strive to ensure the accuracy of the information accessible through this website.

2. Registration

2.1 You are obligated to ensure that the information you provide during registration is accurate, current and complete when you create an account through our website. You are obliged to inform us immediately if this information changes so that we can continue to communicate with you properly. 

2.2 You are required to provide us with certain necessary information (first and last name, e-mail address) and to choose a password in order to register on our website. Further information on the use of your data can be found in our privacy policy.

2.3 You are obliged to keep your password confidential as soon as you have registered on our website. You must not disclose your password to any third party and you must take reasonable steps to protect your password from disclosure to any third party. Please inform us immediately by e-mail (info@thelandbankinggroup.com) if your password has been misused or lost, or if you have a corresponding suspicion.

3. Deletion or temporary blocking

3.1 We are entitled to delete or temporarily block your account - after prior warning - and/or to exclude you from using our website if we have to assume that you violate these Terms of Use. 

3.2 Measures pursuant to Section 3.1 shall not affect the statutory rights and obligations of the Parties.

4. Intellectual property

4.1 This Website and all materials, text, code, content, software, video, music, sound, graphics, photographs, illustrations, artwork, names, logos, trademarks, formats, files, devices and links contained on or linked to it (collectively, "Content") are protected by copyright, trademark and other intellectual property rights. These rights are owned by us or licensed to us by third parties. Anyone accessing this Website is entitled to view any portion of the Website. However, the content may not be used or reproduced in whole or in part for any other purpose without our express written permission. The Content may not be used on any other website or for any other publication, or for any commercial purpose, without our express permission.

5. Third party content and links

5.1 We are not responsible for content provided by third parties. We merely grant you access to this content. Except in the case of a legal obligation applies: 

(a) We have no obligation to review the content of such information or to edit such information provided by third parties; and

(b) We have no control over third party content and do not endorse, support, represent or guarantee the truthfulness, accuracy or reliability of any third party information. If you rely on any third party content, you do so at your own risk.

5.2 Websites linked to our website (with the exception of other websites operated by us) are for information purposes only and have not been reviewed by us. We bear no responsibility for the content of such websites and accept no liability for any loss or damage of any kind that may arise from linking to them, unless we have been properly informed that such third-party websites contain illegal or harmful content and have not acted promptly upon becoming aware of it to remove the information or block access to it.

6. Malware

6.1 We do not warrant that our website or server is secure or free from bugs, errors, viruses, Trojan horses, worms or other malicious software. We will not be liable for any loss or damage that you may suffer as a result of using our website (including downloading content from our website or any website linked to it) as a result of technically harmful material that may infect your computer equipment, computer programs, data or other proprietary material. This does not apply if such loss or damage is due to our willful default or gross negligence. You should therefore use your own virus protection software.

6.2 You must not knowingly introduce any viruses, Trojan horses, worms or other malicious software that is harmful or technologically harmful content to our website. You must not gain unauthorized access to our Website, the server on which our Website is stored, or any server, computer or database connected to our Website. You may not use an attack to make our website inaccessible or render it inoperable. Violation of this provision constitutes a criminal offense, including, without limitation, under Sections 303(a) and (b) of the Penal Code and other applicable laws. We will report any such violation to the appropriate law enforcement authorities and will cooperate with such authorities by disclosing your identity to law enforcement authorities. In the event of such a breach, your right to use our website will immediately terminate. 

7. Changes to the terms of use

7.1 We reserve the right to change the Terms of Use at any time with effect for the future. 

7.2 If you have registered with an account with us, we will only change the Terms of Use if and to the extent that such a change is reasonable for you. We will inform you in due time by e-mail about the intended changes. If you do not object to the new Terms of Use within six weeks after they come into effect, you will be deemed to have accepted the new Terms of Use. We will inform you separately and in a suitable form about the significance of the six-week period and your objection as well as about the legal consequences of a failure to object at the beginning of the objection period.

SECTION B: GENERAL CONDITIONS

8. Limitation of liability

8.1 Subject to the provision in clause 1.1, Landbanking Group's statutory liability for damages shall be limited as follows:

(a) We assume no liability for the timeliness, accuracy and completeness of the content provided on this website. The contents were created with the greatest possible care; however, the accuracy of the contents cannot be guaranteed. 

(b) Landbanking Group's liability shall be limited to the amount of damages typically foreseeable at the time of the conclusion of the contract for the slightly negligent breach of material obligations under the contract (i.e. such contractual obligations whose fulfillment is essential for the proper performance of the contract, whose breach jeopardizes the achievement of the purpose of the contract and whose fulfillment you regularly rely on, so-called "cardinal obligations"); 

(c) Landbanking Group shall not be liable for the slightly negligent breach of non-essential obligations under the contract.

(d) We assume no liability for material or non-material damages, in particular also not for consequential damages, which were caused by the use of the information provided by us. 

8.2 The limitations of liability under this Section 1 shall not apply in the event of mandatory statutory liability, e.g. for liability under the Product Liability Act, liability arising from a warranty assumed or liability for damage caused intentionally or by gross negligence or any kind of culpably caused personal injury.

8.3 Insofar as our liability is limited or excluded, this shall apply in the same way to the liability of our legal representatives, employees and authorized agents.

9. Other

9.1 Insofar as paid content or services are made available on the Website, these are non-binding invitatio ad offerendum, which merely call for the submission of an offer by the User and do not themselves constitute a binding offer. 

9.2 This contract shall be governed by the laws of the Federal Republic of Germany to the exclusion of the UN Convention on Contracts for the International Sale of Goods. Mandatory statutory provisions shall remain unaffected, in particular those of the EU member state in which you are domiciled.

9.3 The exclusive place of jurisdiction for all disputes arising out of or in connection with this Agreement shall be Munich, Germany, provided that (i) you are not a consumer, (ii) you do not have a general place of jurisdiction in Germany, you have moved your habitual residence out of Germany after the conclusion of the Agreement or (iii) your habitual residence is unknown at the time of the commencement of the legal proceedings. 

9.4 We do not participate in dispute resolution proceedings before a consumer arbitration board and are not obliged to do so.

9.5 Should any provision of these GTC be or become invalid or unenforceable or should these GTC contain a gap, this shall not affect the validity and enforceability of the remaining provisions of the GTC. In place of the invalid provision in question or to fill the gap, the parties are obliged to agree on the valid provision that comes closest to the economic purpose of the GTC.

When you visit our website www.landler.io, the browser used on your end device automatically sends information to the server of our website. This information is temporarily stored in a so-called log file. In the course of this process, the following information is collected and stored without your intervention until automatic deletion

IP address of the requesting computer,
date and time of access,
name and URL of the accessed file,
website from which the access is made (referrer URL) and
if necessary the operating system of your computer and the name of your access provider.
The data provided will be processed by us for the following purposes:

Ensuring a smooth connection to the website,
ensuring a comfortable use of our website,
assessing system security and stability, and for other administrative purposes.
The legal basis for the data processing is Art. 6 para. 1 sentence 1 letter f) DSGVO. Our legitimate interest results from the above-mentioned purposes of data collection. In no case do we use the collected data for the purpose of drawing conclusions about your person.
When you visit our website, we also use cookies and analysis services. You can find more information on this in sections 6 and 7 of this privacy policy.

3.) Contact form and e-mail contact

If you have any questions of any kind, we offer you the possibility to contact us via a form provided on the website. For this purpose, it is necessary to provide a valid e-mail address and your name so that we know from whom the request originates and so that we can answer it. Further information can be provided voluntarily.

Data processing for the purpose of contacting us is based on Art. 6 para. 1 p. 1 lit. a) DSGVO on the basis of your voluntarily given consent.

The personal data collected by us for the use of the contact form will be automatically deleted after completion of your request.

4.) Registration for further information
If you have expressly consented, we will use your e-mail address in accordance with Art. 6 para. 1 p. 1 lit. a) DSGVO to send you our newsletter on a regular basis. Providing an email address is sufficient to receive news from The Landbanking Group.

The provision of further data is voluntary and is used so that we can address you personally. We use the so-called double opt-in procedure. This means that we will only send you e-mails once you have expressly confirmed that you agree to receive information. We will then send you a confirmation e-mail asking you to confirm by clicking on a link provided.
By activating the confirmation link, you give us your consent to use your personal data in accordance with Art. 6 (1) sentence 1 a) DSGVO.

As soon as you have revoked your consent by sending us an e-mail, your e-mail address will be deleted from our distribution list immediately, unless you have expressly consented to a different use of your data or we have reserved another legally permissible use of data, which we have informed you about in this statement.

5) Disclosure of data
Your personal data will not be disclosed to third parties for purposes other than those mentioned below.

We will only share your personal information with third parties if:

you have expressly consented, pursuant to Art. 6 (1) sentence 1 letter a) DSGVO,
the disclosure is necessary pursuant to Art. 6 (1) sentence 1 letter f) DSGVO for the assertion, exercise or defense of legal claims and there is no reason to believe that you have an overriding legitimate interest in not disclosing your data,
a legal obligation to disclose pursuant to Art. 6 (1) sentence 1 letter c) of the GDPR and
the disclosure is permitted by law and for the performance of the contractual relationship with you under Art. 6 (1), sentence 1, point (b) of the GDPR.

Your information is only accessible to The Landbanking Group employees and contractors and is used within the network with trusted partners for the sole purpose of managing our activities, providing you with the services and operating the platforms for which you have registered.

6.) Cookies
We use cookies on our website. Cookies are small files that are automatically generated by your browser and stored on your end device (laptop, tablet, smartphone or similar) when you visit our website. Cookies are not harmful to your end device and do not contain viruses, Trojans or other malware.
The cookie contains information about the respective end device. However, this does not mean that we gain direct knowledge of your identity through cookies.

The purpose of cookies is on the one hand to make the use of our offer more pleasant for you. We use so-called session cookies to recognize whether you have already visited individual pages of our website. Such cookies are automatically deleted when you leave our website.

In order to optimize the user experience, we also use temporary cookies that are stored on your terminal device for a certain period of time. When you visit our website again to use our services, it is automatically recognized that you have been there before and which entries and settings you have made, so that they do not have to be entered again.

On the other hand, we use cookies to compile statistics about the use of our website and to optimize our offer for you (see section 7). When you return to our website, we can use these cookies to automatically recognize that you have already been there. Such cookies are automatically deleted after a certain time.

The data processed by cookies is necessary for the aforementioned purposes to protect our legitimate interests or those of third parties pursuant to Art. 6 (1) p. 1 lit. f) DSGVO.

Most browsers accept cookies automatically. However, you can configure your browser so that no cookies are stored on your computer or that a notice always appears before a new cookie is stored. However, the complete deactivation of cookies may mean that you cannot use all the functions of our website.

7) Analysis tools/tracking
The tracking measures mentioned below that we use are based on Art. 6 (1), Sentence 1, Point (f) of the GDPR. With the use of these tracking measures, we want to ensure on the one hand that our website is user-oriented and can be continuously optimized. On the other hand, we use tracking measures to create statistics about the use of our website and to evaluate the website for the purpose of optimizing our product offering. These interests are considered legitimate in the sense of the aforementioned provision.

The respective data processing purposes and data categories can be found in the corresponding tracking tools.

Google Analytics
For the purpose of demand-oriented design and continuous optimization of our pages, we use Google Analytics, a web analysis service of Google Inc. (https://www.google.com/intl/de/analytics/) (1600 Amphitheatre Parkway, Mountain View, CA 94043, USA; hereinafter "Google"). This involves the creation of pseudonymized usage profiles and the use of cookies (see section6). The information generated by the cookie about your use of our website or our mobile apps, such as.

Browser type/version,
Operating system used,
Referrer URL (the previously visited page),
Host name of the accessing computer (IP address),
Time of server request
The data is transferred to a Google server in the USA and stored there. The information is used to evaluate the use of our website or mobile apps, to compile reports on website activity and to provide other services related to website and internet use for the purposes of market research and demand-oriented design of our website or mobile apps. This information may also be transferred to third parties if required by law or if third parties process this data on our behalf. Your IP address will not be associated with any other data held by Google. IP addresses are anonymized to make assignment impossible (IP masking).

You may refuse the use of cookies by selecting the appropriate settings on your browser, however please note that if you do this you may not be able to use the full functionality of this website.

You can also prevent the collection of data generated by the cookie and related to your use of the website (including your IP address) to Google and the processing of this data by Google by downloading and installing a browser add-on (https://tools.google.com/dlpage/gaoptout?hl=de). As an alternative to the browser add-on, especially for browsers on mobile devices, you can also prevent the collection by Google Analytics. In doing so, an opt-out cookie is set that prevents the future collection of your data when visiting our website. The opt-out cookie is only active in this browser and only for our website and is stored on your device. If you delete cookies in this browser, you must replace the opt-out cookie. For more information on data protection in connection with Google Analytics, please refer to the Google Analytics Help (https://support.google.com/analytics/answer/6004245?hl=de).

8) Social media plugins
Based on Art. 6 (1) p. 1 lit. f) DSGVO, we use so-called social plugins ("plugin") of the social networks Facebook, Twitter, Instagram and LinkedIn on our website in order to make our company better known in these ways. The underlying advertising purpose is to be considered a legitimate interest within the meaning of the DSGVO. The responsibility for data protection-compliant operation lies with the respective providers. We integrate these plugins in the so-called two-click process in order to offer our website visitors the best possible protection.

9.) Data subjects' rights
You have the right:

to obtain information about your personal data processed by us in accordance with Art. 15 DSGVO. In particular, you may request information about the purposes of processing, the category of personal data, the categories of recipients to whom your data have been or will be disclosed, the intended storage period, the existence of a right to rectification, erasure, restriction of processing or objection, the existence of a right of complaint, the source of your data in the case of data not collected by us and the existence of automated decision-making, including profiling, and, where applicable, meaningful information about its details;
pursuant to Art. 16 DSGVO to demand the correction of incorrect personal data stored by us or the completion of incomplete personal data without delay;
pursuant to Art. 17 DSGVO to obtain the erasure of your personal data stored by us if the processing is no longer necessary for the exercise of the right to freedom of expression and information, for compliance with a legal obligation, for reasons of public interest or for the establishment, exercise or defense of legal claims;
to request, pursuant to Art. 18 of the DSGVO to restrict the processing of your personal data if the accuracy of the data is disputed by you, the processing is unlawful, but you object to its erasure and we no longer need the data, but it is required by you for the establishment, exercise or defense of legal claims or you object to the processing pursuant to Art. 21 of the GDPR;
to obtain, pursuant to Art. 20 of the GDPR, your personal data that you have provided to us in a structured, commonly used and machine-readable format or to obtain the transfer to another controller;
the right to withdraw your consent given to us at any time pursuant to Art. 7 (3) GDPR. This means that from that moment on we may no longer continue processing data on the basis of this consent and
to lodge a complaint with a supervisory authority pursuant to Art. 77 of the GDPR. As a rule, you can do this at the supervisory authority of your usual place of residence or workplace or the registered office of our company.
10.) Right to object
If your personal data are processed on the basis of legitimate interests pursuant to Art. 6 (1) sentence 1 lit. f) DSGVO, you have the right to object to the processing of your personal data pursuant to Art. 21 DSGVO if there are grounds for doing so that arise from your particular situation or if the objection relates to direct marketing. In the latter case, you have a general right of objection, which is implemented by us without specifying a particular situation.

You may exercise your right to withdraw or object by sending an email to info@thelandbankinggroup.com.

11) Data security
We use appropriate technical and organizational measures to protect your data against accidental or intentional manipulation, partial or complete loss, destruction or unauthorized access by third parties. Our security measures are continuously improved in line with technological developments.

12) Status and changes of this privacy policy
This privacy policy is currently valid and has the status April 2022.

Due to the further development of our website and offers on it or due to changed legal or official requirements, it may become necessary to change this data protection declaration. You can retrieve and print the current data protection declaration from us at any time.

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