Compensate Terms of Use – Magento Plugin

Hey there, great to have you join us in climate action! There are some things we want you to know before getting started with the Compensate Extension, so please read through this agreement carefully. After setting up, you can find this document here at  https://compensate.com/terms-of-use-platforms . If you have any questions, you can reach us via support@compensate.com .

Here on out, we’ll refer to the Compensate Extension as the “Application”. Who’s we? Compensate has an innovative organizational structure. So...

We” or “Compensate” refers to a limited liability company, Compensate Operations Oy, incorporated under the Finnish laws, with the business ID 2993434-1. Compensate HQ is at Lönnrotinkatu 7 B, 00120 Helsinki, Finland. 

The Compensate Foundation (the “Foundation”) owns 100% of Compensate Operations Ltd, which is responsible for the daily operations of the Foundation. The Foundation has the business ID 2914937-8, and its registered office is located in the exact same address at Lönnrotinkatu 7 B, 00120 Helsinki, Finland.

Compensate is the developer of the Application and is responsible for all operations under this Agreement. The Foundation receives the Compensation fees and purchases the carbon credits. Together, Compensate and the Foundation are jointly referred to as the “Compensate Group”. 

This Agreement is made between you and Compensate. Now, let’s get to the details.

1. Accepting the Terms of Use

While we aim for easy setup, this document is the agreement between us and you.

This Agreement (hereinafter referred to as the “Terms of Use”)governs your (hereinafter “You” or the “Customer”) installation and use of the Application. If You are using the Application and/or entering into the Agreement on behalf of a company, organization, entity or brand (hereinafter jointly referred to as the “Company”), the term “You”, as used throughout the Agreement, apply both You and the Company, as applicable. In addition, please note that We need to collect certain information relating to You and Your online store powered by Magento (hereinafter referred to as “Your Store”) We use this information to provide You the services through the Application.

You and Compensate are hereinafter jointly referred to as the "Parties". 

For more on how we handle data and information, we’ve created a Privacy Policy. In addition, the Data Processing Agreement is attached to the Terms of Use. Your and your customer’s privacy is important to us!

We have created a privacy policy (hereinafter referred to as the “Compensate Privacy Policy”) that can be found here on  https://compensate.com/magento-privacy-policy. It tells You more how we collect, use and store any information relating to You or Your Store. In addition, by accepting the Terms of Use You also accept the Data Processing Agreement (hereinafter referred to as the “DPA”) attached to it. The DPA is needed because You allow us to process some personal data on Your behalf and therefore certain data protection laws require us to make one. The Terms of Use also include an End-User License Agreement (hereinafter referred to as the “EULA”) and it is an integral part of it. 

The Terms of Use, including the EULA, the DPA attached to it and the Compensate Privacy Policy constitute the entire agreement between You and Compensate (hereinafter the Terms of Use, the DPA and the Compensate Privacy Policy jointly referred to as the “Developer’s Commercial Terms” or the "Agreement"). You must accept the Developer’s Commercial Terms to install and use the Application. You must ensure you have the necessary authority to sign the Developer’s Commercial Terms on behalf of the entity using the Application. By installing the Application, You are accepting the Developer’s Commercial Terms. When using the Application, You must provide correct, up-to-date information as requested by us and must not use any other person’s identity. When filling in your contact details (such as e-mail address), please give Your business email address. We will use the e-mail address when communicating with You and Your Store_._

2. The Application

The Application enables you to take climate action with your customers.

The Application provides You a service in which your customers (hereinafter referred to as “Your Customers”) can offset the carbon footprint of the shipping of products or services available at Your Store (hereinafter the products and services available at Your Store jointly referred to as the “Products”). 

The Application will add an extra fee to the shopping cart and checkout in Your Store which enables your customer to choose to offset the shipping of the Products. To calculate the carbon footprint of the Products, You will answer simple setup questions in the installation phase. With the Application, Your Customers can choose to offset the shipment of the Products they purchase. The price of offsetting the Products is referred to as the “Compensation fee”.

We use Stripe in order to collect the Compensation fees and handle the payouts to the Foundation. 

As previously said, we take no cuts from Your Customers’ Compensation fees. Instead, we use them in full to carbon offsets.

The Foundation purchases carbon offsets from different initiatives that reduce the amount of carbon dioxide in the atmosphere or prevent the creation of further carbon dioxide emissions (hereinafter referred jointly to as the “Projects”). The Foundation uses the entirety of the Compensation fees it receives from Your Customers to purchase carbon offsets from the Projects.  

As you’re most likely aware, Stripe does, however, take its own fees from each transaction. We’ve taken this into consideration in the Compensation fees to ensure the climate impact of Your products and services can still be compensated for. You can find Stripe’s current pricing details here .

3. License

3.1. We grant you a limited license to use the Application and Our trademarks

Then let’s move on to rights.

Subject to this Terms of Use, We grant You a non-exclusive, inalienable, royalty-free, non-transferable, non-sublicensable, revocable and limited license to use the Application solely in the manner described in the Developer’s Commercial Terms and the Master Terms of Magento ( HTTPS://MAGENTO.COM/LEGAL/TERMS/MARKETPLACE-XCELERATE .

All the rights related to the Application belong to Compensate and its subcontractors and its potential licensors. The Terms of Use does not grant You any intellectual property rights to the Application. 

You shall not, during or after the termination of the Agreement, register any trademark, model, trade name, domain name, email address, or social media account that can be confused with the Compensate trademark or trademarks, slogans, or identifiers of Us or Our licensors. 

You have a non-exclusive and limited right to use Our marketing materials (hereinafter referred to as the “Materials”) and any trademarks owned by Us (hereinafter referred to as the “Compensate trademarks”) under this Terms of Use pertaining to the sale and marketing of the Application as a part of Your Store, and only in the form in which we have provided them to You or in a manner separately agreed in writing, during the term and for the purposes of this Agreement. To be clear, the Application itself includes Compensate trademarks and You may use them at Your Store as such during the Term of the Agreement. 

When you use the Materials and Compensate trademarks, you agree to follow the following instructions:

  • You have the right to use Compensate’s trademarked logo and symbol in your store through the Application, on your social media, and on possible other channels, platforms and instances where it’s clearly meant for marketing and communications purposes.
  • You may add the logo as is to images and visual backgrounds on said channels and fit it to size. You shall not alter, edit, skew or modify the logo nor the symbol in any way.
  • You must always use the primary logo with the symbol and the word mark. The vertical version of the logo can be used as a secondary logo. 
  • The logos and symbol should always have at least the equivalent amount of the two innermost C-shapes clear space around them in all directions.
  • The logos and the symbol must be used in either black or white. You shall not alter or edit the coloring, nor add shading and shadowing to it. The logo must always stand out from its background.
  • The logo is aligned either to the center of the layout or to one of the four corners of the layout. When placing the Compensate logo next to another logo, always maintain the clear space around the logo.
  • You can use #WeCompensate in your communications where suitable and when talking about the Application and/or the possibility to offset.
  • You can tag Compensate in any social media channels with the appropriate handles. 
  • You can link to Compensate’s materials and website on any occasion where it suits your marketing and communications needs. 
  • You can use any text material, phrasing or wording in Compensate’s Application, Application page in Magento, and on Compensate’s website in your captions, copy text, customer service, and communications if and when it suits your needs.
  • If you use the Materials provided by Compensate, you must credit Compensate for the materials where applicable. As an example: If using a photo provided by Compensate in a social media post, you should include a mention of Compensate in the caption or tag Compensate. If you use a photo provided by Compensate as a web store banner, and crediting Compensate doesn’t fit the layout, you do not have to do so.
  • 3.2.  Limitations to the use of the Application Basically, we hope the Application enables you to take climate action with your community. That’s what it’s for! You really shouldn’t use it for any nefarious purposes. There are some limitations to what you can do with it.

When using the Application, You must provide correct, up-to-date information as requested by us and must not use any other person’s identity. You may only use the Application in accordance with the purposes stated in the Terms of Use. You must not take any action that Compensate considers contradictory to the purpose of the Application. This means that, You should not, for instance: 

a) Bypass or attempt to bypass any of the features of the Application related to controlling usage or preventing copying;

b) Study, scan, or test any vulnerabilities in the Application;

c) Use any data mining, robots, or other corresponding data collection or data analysis method or bots or other automated methods to use the Application;

d) Use, copy, sell, rent, transfer, license, or otherwise offer the Application to third parties;

e) Reverse engineer, decompile, open, or otherwise attempt to source code of the Application or ancillary technology in whole or in part;

f) Use the Application via any user interfaces other than those provided by Magento;

g) Use the Application in violation of applicable legislation or in a way that violates the intellectual property rights, business secrets, or privacy of third parties;

h) Use the Application for unauthorized, inappropriate, or unethical purposes or activities;

i) Use the Application for transferring material that includes adware, malware, or spyware, software viruses, or any other computer code designed to disrupt, destroy, or restrict the functioning of computer software or hardware;

j) Modify or cause modifications to files that are part of the Application without Compensate’s written consent;

k) Attempt to purchase or sell the Application or provide or rent it to another party, or use the Application if Compensate has previously taken measures to cancel Your use of the Application or You have previously been blocked from using the Application; or

l) Use the Application to advertise or convey any commercial advertisements to anybody, including chain letters, advertisements, or spam, or repeated or misleading messages.

We really don’t wish to stop you from using the Application but will do so if necessary – if you get into that nefarious business, for example.

We reserve the right to specify which activities are considered violations of this Agreement. We also reserve the right to take measures, if necessary, that may result in cancelling Your use of the Application and/or blocking Your from installing it.

4. Terms of Payment of the Compensation fees

The price for compensation – the one that Your Customer’s see – is based on the carbon footprint of the shipping.

The amount of the Compensation fee is based on the carbon footprint of the shipping of Your Products and the price of a carbon dioxide tonne set by the Compensate Group. The carbon footprint of the shipping of Your Products is based on i) the weight (either average weight set by Us OR the information you give us) of Your Products and ii) the distance of the shipping of Your Product to Your Customer. You can amend the weight of Your Product anytime. 

We reserve the right to amend i) the price of the carbon dioxide tonne and ii) the factors and formulas for calculating the carbon footprint of Your Products by updating the Application with or without a notice to You. The new price is applicable upon the update. If You do not accept the new price, Your sole legal remedy is to terminate the Terms of Use by discontinuing the use of the Application. 

All Compensation fees are final and non-refundable, and they cannot be returned to You or Your Customers by Compensate. For the sake of clarity, You must comply with all applicable legislation, including but not limited to the all applicable tax legislation and the consumer protection with dealings with Your Customers. This is further defined in Section 7 (Limitation of Liability). 

5. Updates

We might sometimes make adjustments, improvements or general updates to the Application.

We constantly seek to improve the Application and reserve the right to updates. We may change or discontinue the availability of some or all parts of the Application at any time for any reason, with or without a notice. 

That means we might sometimes make updates to this agreement as well.

We shall be entitled to alter the Terms of Use with or without a notice to You. The latest version of the Terms of Use can be found here at  https://compensate.com/terms-of-use-platforms and is applicable immediately after publishing. 

6. Non-Disclosure of Confidential Information

You shall, while these Terms of Use is in force and also three (3) years after the termination of these Terms of Use, keep secret all the negotiations relating to the Service and all information and material received from Compensate that relate to the business or other activities of Compensate or its affiliate organizations’, including trade secrets and proprietary information and material, regardless of the form they as presented as (hereinafter referred to as the "Confidential Information"). You shall refrain from using Confidential Information for purposes other than those of these Terms of Use. 

You have the right to share Confidential Information with such advisers, third-party agents and organisation executives and employees, who need the information in connection with the preparation or implementation of the Terms of Use, however only in a manner that You are responsible to the other Party for ensuring that shared information remains confidential. You shall be responsible for ensuring that all persons and entities involved in the implementation of the Terms of Use, including any advisers to such Party, are committed to the obligations referred to in this Section 6. 

It's, however, okay to share confidential information in certain situations, for instance, when the information is needed to implement this Agreement.

However, You may, as an exemption from this Section 6, provide Confidential Information to third Parties if required by law or regulatory decision. 

The Confidentiality Agreement does not apply to Confidential Information

a) that is public knowledge at the time of the disclosure of the Confidential Information or subsequently comes to the public knowledge without You having been in breach of the Terms of Use;

b) that was already known or processed by You, before receiving the Confidential Information from Compensate; or that

c) You have demonstrably received from a third Party not under the obligation of confidentiality. 

7. Limitation of Liability

Please note that we offer the Application and its services to You as described in the Developer’s Commercial Terms, but there are several limitations to our liability.

We offer the Application and its services to You as it is described in the Developer’s Commercial Terms. We endeavor to maintain the functionality of the Application, but please be aware that We may temporarily or permanently suspend the Application any time. This includes, but is not limited to, the situation when the Masters Terms of Magento ( HTTPS://MAGENTO.COM/LEGAL/TERMS/MARKETPLACE-XCELERATE ) terminate due to any reason. In that case, You understand that You as a Customer have an obligation to delete, remove or otherwise destroy copies of the Application, if requested by Us.  

If We, temporarily or permanently, suspend the Application, this might affect You negatively but by accepting the Terms of Use you are aware of this risk. Compensate shall not be liable to You for any indirect, consequential, or other corresponding damages, including loss of revenues or profits, lost information, or business disruption that are in any way due or related to the Developer’s Commercial Terms or the use of the Application. 

In any case, the total joint liability of Compensate and the Foundation shall be limited to the sum You have paid to Compensate in accordance with the Terms of Use over two months preceding the date when Your original claim was made. If You have not paid anything to Compensate during this period, Your sole legal remedy is to discontinue the use of the Application and terminate the Agreement. 

While Magento enables both us and you to do wonderful things, Magento is not an active player in developing the Application.

The Application is developed by Compensate. Therefore i) Compensate is solely responsible for the Application, (ii) Magento is not liable for any fault in the Application or any harm that may result from its installation or use; (iii) except where expressly stated by Magento, Magento cannot provide assistance with the installation or use of the Application; and (iv) Compensate is solely responsible for any liability which may arise from Your access to or use of the Application, including: (A) the development, use, marketing or distribution of or access to the Application, including support of the Application; or (B) Compensate’s access, use, distribution or storage of any information relating to You or Your Store. 

On that note, you are responsible for all taxes, all applicable legislation, consumer protection and privacy issues regarding your operations and Your Customers.

You are responsible for all applicable taxes that arise from or as a result of Your use of the Application under this Agreement or with dealings with Your Customers. You must comply with all applicable legislation, including but not limited to the tax, consumer protection and privacy laws with dealings with Your Customers. You must not provide us any other personal identifiable information of Your Customers than defined in the Privacy Policy and the DPA. You undertake to protect and defend Compensate, the Foundation and Magento (including Our executives, managers, brokers, joint projects, and employees) from all claims, demands, claims for damages, and losses, including reasonable legal fees, claimed by a third party, including Your Customers, due to Your use of the Application or Your breach of the Developer’s Commercial Terms.   

Carbon capture is a necessary component in fighting climate change, and we have a higher demand for sustainability than many players in the field. We do mitigate risks associated with carbon capture, and you can read more about our project selection here.

Compensate is solely responsible for ensuring that the Compensation fees it, or the Foundation receives are used to purchase carbon offsets. We do our best to select the Projects with care but are not responsible for removing a certain level of carbon dioxide or any flaws found in the Projects.

8. Term and termination

If you wish to stop using our Application, it’s very easy for you to do so.

The Terms of Use shall be valid for as long as You continue using the Application. You may cancel the Agreement by ceasing the use of the Application any time. We may terminate or suspend Your right to use the Application any time with or without a notice to You. This also terminates the Terms of Use.

In that unfortunate event, remember to follow all these instructions:

Upon termination of the Terms of Use: (i) Compensate and You shall return to the other party, or destroy (and provide certification of such destruction), all property of the other party in its possession or control (including all Confidential Information); (ii) the Customer shall immediately cease displaying any Compensate trademarks on any website or otherwise; and (iii) all rights granted to You hereunder will immediately cease. 

9. Assignment of the Agreement

We are the only one entitled to assign rights and obligations under this agreement.

You shall not be entitled to assign the rights or obligations deriving from the Terms of Use. Compensate and the Foundation shall be entitled to assign all of the rights and obligations deriving from the Terms of Use (including intellectual property rights and licenses) to Our Compensate Group companies or any other party as part of the transfer or sale of Our business or other corporate transaction.

10. Governing law and the dispute resolution

We believe the best way to solve any disputes, controversies and claims is talking it out! So, in case you have any questions or concerns, you can always contact our customer service team via legal@compensate.com .

Finnish law shall apply to the Terms of Use, and the Terms of Use shall be interpreted according to Finnish law, without regard to conflict of laws principles. 

If the dispute, controversy or a claim arising out relating to the Terms of Use, or the breach, termination or validity thereof cannot be settled in a mutual negotiations between You and Compensate, it shall be finally settled by arbitration in accordance with the Arbitration Rules of the Finland Chamber of Commerce. The number of arbitrators shall be one (1), the seat of arbitration shall be in Helsinki, Finland and the language of the arbitration shall be English. 

You can always find this agreement again on  https://compensate.com/terms-of-use-platforms .

Please also read the Data Processing Agreement below.

The Compensate privacy policy can be found here .

Any questions in mind? You can always contact us via support@compensate.com !

Customer Support Compensate Operations Oy

support@compensate.com

Applicable from 20.8.2020.

Data Processing Agreement

Hey there,

Still some paperwork to be done! Because we exchange data to make the Application work, we must legally agree on exchanging that data.

Because you might be subject to the the Regulation (EU) 2016/679 on the protection of natural persons with regard to the processing of personal data and on the free movement of such data (hereinafter referred to as the “GDPR”) you must have a written agreement in place with all the entities you rely on in processing personal data. You rely on us in collecting certain information about you and your online store powered by Magento (hereinafter referred to as “Your Store” or “Customer Store”). This is why we need to have this Data Processing Agreement (hereinafter referred to as the “DPA”) signed. This DPA is an internal part of the Terms of Use and the Developer’s Commercial Terms. 

1. Background and purpose

The purpose of this document is to agree on how we exchange the data, i.e. how the processing happens, how we protect personal data, and how we fulfil the requirements under GDPR.

We” or “Compensate” Compensate Operations Oy, incorporated under the Finnish laws, with the business ID 2993434-1, address Lönnrotinkatu 7 B, 00120 Helsinki, Finland and you agreeing to this DPA (hereinafter “You” or the “Customer”) have entered into agreement (hereinafter referred to as the “Terms of Use”) under which Compensate provides You a service in which your customers (hereinafter referred to as “Your Customers”) can offset the carbon footprint of the shipping of products or services available at Your Store. As part of the services, We will process certain personal data, such as shipping details of Your Customers, on Your behalf.

You and We are jointly referred to as the “Parties”. 

The terms “personal data”, “process”, “controller”, “processor” and “data subject” used in this DPA shall have the meaning set forth in the GDPR. 

The purpose of this DPA is to agree on the processing, protect personal data and to fulfil the requirements under the GDPR. Compensate shall process personal data in accordance with the GDPR and any applicable national privacy and/or data protection legislation in Finland (hereinafter referred jointly to as the “Privacy Legislation”)

2. Processing of personal data

The Customer shall be the controller and Compensate shall be the processor of personal data under this DPA. 

If and when dealing with personal data, you have to make sure that you follow the Privacy Legislation

You shall ensure that there is a legal basis for the processing of personal data and that the processing of personal data on Your own part complies with the Privacy Legislation. The Customer shall provide Compensate with all necessary, written instructions regarding Compensate’s processing of personal data. The Customer shall also inform Compensate of any erroneous, rectified, updated or deleted personal data. The Customer shall exclusively determine the purposes of the processing of personal data. 

If and when we process any personal data, we do so only to fulfil the obligations under the Developer’s Commercial Terms.

Compensate shall process personal data only in accordance with the Customer’s written instructions and the Developer’s Commercial Terms, unless it is required to process the personal data in a certain manner under the Privacy Legislation or any other national legislation Compensate is subject. In such case Compensate shall inform the Customer of such legal requirement before processing the personal data, unless such informing is prohibited. Compensate is only entitled to process personal data for the purpose and manner which is necessary to perform its obligations under the Developer’s Commercial Terms.

3. Security measures

When dealing with data, we both make sure there are reasonable security measures in place.

Parties’ Security Measures.

The Parties shall agree upon implementation of appropriate technical and organizational security measures for the processing of personal data as referred to in Article 32(1) of the GDPR. The agreed security measures may be described in more detail in Appendix 1.

Compensate’s Security Assistance

Compensate shall reasonably assist You in ensuring compliance with the obligations pursuant to Articles 32–36 of the GDPR taking into account the nature of the processing and the information available to Compensate. Compensate shall notify You of any personal data breach without undue delay after having become aware of it.

Security Compliance by Compensate Staff

Compensate shall ensure that that personnel with access to personal data have received training regarding processing of personal data and have committed themselves to confidentiality.

We will refer you the data requests from any data protection authority and cease to process the personal data when this DPA is terminated, if the processing of the data is not required by law.

If Compensate receives a request for information from any data protection authority, data subject or any other third party with regard to personal data, such request shall without undue delay be forwarded to personal data to You to the email address You have provided to us. 

In connection with the termination of this DPA for whatever reason, Compensate and any third parties authorized as another processor under this DPA to have a logical access and process personal data in order to provide parts of the services of the Application (hereinafter referred to as the “Subprocessor”) shall immediately cease to process personal data, and delete or return personal data to You. Compensate and any Subprocessors shall also destroy any copies of personal data in its possession or control unless storage is required under applicable law.

4. Subcontracting

Here’s what we need to agree on when it comes to third parties or Subprocessors dealing with personal data.

The Customer specifically authorizes the engagement as Subpocessors of the entities defined in the Appendix 1. 

In addition, the Customer generally authorizes the engagement as Subprocessors of any other third parties (hereinafter referred to as the “New Third Party Subprocessors”). When engaging any New Third Party Subprocessor, Compensate will

i) ensure a written contract that:

-      The Subprocessor only accesses and uses personal data to the extent required to perform the obligations subcontracted to it and does so in accordance with the Developer’s Commercial Terms.

-      The data protection obligations described in the Article 28(3) of the GDPR, as described in this DPA, are imposed on the Subprocessor; and

ii) remain fully liable for all obligations subcontracted to, and all acts and omissions of the Subprocessor. 

Compensate informs you about Subprocessor changes. You may object by terminating the Terms of Use and the DPA.

When any New Third Party Subprocessor is engaged during the term of this DPA, Compensate will, at least fourteen (14) days before the New Third Party Subprocessor starts processing any Customer Data, notify the Customer of the engagement (including the name and location of the relevant Subprocessor and the activities it will perform).

The Customer may, within thirty (30) days after being notified of the engagement of a New Third Party Subprocessor, object by terminating the Terms of Use and this DPA immediately upon written notice to Compensate. This termination right is the Customer’s sole and exclusive remedy if the Customer objects to any New Third Party Subprocessor.

5. Transfers outside of EU/EEA

Because GDPR is legislation of the European Union (EU), we also have to agree on how any data can be transferred from the EU/European Economic Area (EEA).

Compensate may transfer personal data outside the EU or the EEA without the Customer’s prior written approval. Any such transfer shall be subject to an execution of standard data protection clauses adopted in accordance with Article 46(2) of the GDPR between Compensate and its Subprocessors, as applicable, or other appropriate safeguards as prescribed under Chapter V of the GDPR.

6. Processing records

Under GDPR we also agree on how any of these records can be processed.

To the extent the GDPR requires Compensate to collect and maintain records of certain information relating to the Customer or Your Store, Compensate will, where requested, to supply such information and keep it accurate and up to date. Compensate may make any such information available to the Supervisory Authorities if required by the GDPR.

7. Follow-up of processing personal data

Under this agreement and the GDPR, you have the right to request an audit or inspection. Data protection authorities also have the right to the same.

Compensate shall make available to the Customer on its request the information necessary to demonstrate compliance with Compensate’s obligations laid down in this DPA and allow for and contribute to audits or inspections conducted by the Customer, an audito mandated by the Customer or any data protection authority. Compensate may require any person participating in such an audit to sign a reasonable confidentiality undertaking.

Each Party shall be liable for its own part of the audit or inspection costs.

8**. Liability**

Here’s what we agree on liabilities:

Compensate shall compensate You in respect of damages incurred by the Customer due to and to the extent processing carried out by Compensate being in breach of its obligations under this DPA or the Privacy Legislation. Notwithstanding the aforementioned, Compensate shall not be liable to You for any indirect, consequential, or other corresponding damages, including loss of revenues or profits, lost information, or business disruption that are in any way due or related to the use of the Application or the DPA. 

In any case, the total joint liability of Compensate and the Foundation shall be limited to the sum You have paid to Compensate in accordance with the Terms of Use over two months preceding the date when Your original claim was made. If You have not paid anything to Compensate during this period, Your sole legal remedy is to discontinue the use of the Application and terminate the Agreement.

9. Term and Termination

This agreement comes to effect when you start using the Application and stands as long as the Terms of Use is also valid.

The DPA shall apply from the day it has been accepted as a part of the Terms of Use by the Parties. By installing the Application, You are accepting the Terms of Use, the DPA and the Compensate Privacy Policy. 

The DPA is valid as long as the Terms of Use is applicable. Please see Section 8 (Term and Termination) and other relevant sections in the Terms of Use. 

What has been agreed upon the assignment of the agreement and the governing law and the dispute resolution in the Terms of Use, shall also apply to this DPA.

10. Appendices

The following Appendices shall form an integral part of this DPA:

Appendix 1   Personal Data Description

When referring to the DPA the reference shall include all Appendices to this DPA. If the content of the Terms of Use or the Appendices conflict with the contents of the DPA, the content of the DPA shall take precedence. If the contents of the Appendices deviate from each other, the Appendix with the lower sequence number shall take priority.

Appendix 1 Personal Data Description

1.   The Nature and Purpose of Processing

The subject matter and the purpose of the processing of personal data is to provide You a service in which Your Customers can offset the carbon footprint of the shipping of products or services available at Your Store.

2.   Categories of personal data and Data Subjects

The following categories of personal data of the following data subjects will be processed by Compensate: 

Category of Data Subjects: Your Customers Category of personal data: Information that Your Customer added to their shipping details, such as shipping address (city and country), billing address (city and country), Category of personal data: Information on how often Your Customers are interacting with the Application (such as how often they have clicked the checkbox or read more - icons), device type (mobile/desktop), geolocation from the IP address and browser information. 

Category of Data Subjects: Customers Category of personal data Your Store details such as the email address you have listed in your Magento account, billing details such as name, country of registration, address, business and VAT ID. 

3.   The Parties have agreed upon the following technical and organizational security measures for processing of personal data

We use administrative, organizational, technical, and physical safeguards to protect the personal data we collect and process. Measures include, for example, encryption of personal data using the 256-bit Advanced Encryption Standard (AES-256) or better symmetric keys and two-factor authentication. We are committed to improving the safety and security of the Services and will, for example, create an internal reporting system.  

Only a limited number of people, trained on the data protection issues, have access to the personal data.

4.   Approved Subprocessors and their transfers

The Application is integrated with Magento. The Customer approves the use of the following Subprocessors for processing personal data: 

Name of the Company Compensate Foundation Service location Finland Country of registration Finland Service provided to us Compensate Foundation receives the Compensation fees and purchases carbon offsets.

Name of the Company Google Ireland Limited  Service location The data is hosted in the Netherlands, see  the privacy policy of Google  on data transfers. Country of registration Ireland Service provided to us We are using Google Cloud Platform to be able to deliver the service to you.

Name of the Company Stripe Payments Europe Ltd.  Service location EU, U.S., other. See  the privacy policy of Stripe. Country of registration Ireland Service provided to us We use Stripe to process the payments.

Applicable from 20.8.2020