1. TreememberMe.com

Welcome to our webpage! The use of our website (the “Site”) and the services we provide (the “Services”) are subject to these Terms & Conditions (the “Terms”) and all applicable laws. By using the Site and Services, you (collectively the “Users”) accept these Terms and our Privacy Policy. This creates a binding legal agreement between you and TreememberMe that you will comply with the Terms and use the Site and Services in a way that is consistent with the Terms. These Terms do not give right to any third parties. You cannot transfer your rights or obligations under these Terms without our consent.

The Terms can be updated and amended without prior notice. The amended version will be posted on the Site.

2. About us

Our principal business address is Hafnargata 15, 230 Keflavik, Iceland. Reg. No.: 6802191680. Tax ID No: 134628

3. Your Profile Page

To use some of the Site functionalities you will need to register and create a personal Profile (the “Profile”) by providing your full name and your email and by setting a password. The Profile can only be created in conjunction with orders of planted trees. The Profile can be used to track your “planting” and carbon offsetting history, sharing the data and connecting to others.

You don’t have to disclose your identity on TreememberMe, but you must provide us with accurate and up to date information (including registration information). Also, you may not impersonate someone you aren’t, and you can’t create a Profile for someone else unless you have their express permission. You will be solely responsible for all false and misleading information, as well as for any harms or damages that might result from your provision of false or misleading information on your Profile.

Your profile is non-assignable and non-transferable. You should take all required steps to prevent the knowledge, access or use of your password by third parties, and you are responsible for keeping your password confidential and for all the activity on your Profile.

You can delete your Profile at any time.

4. Minors

To use the Site, you must have reached the legal age of majority in your country. Minors may use the site only with the express authorization of his/her parents or legal representatives, who will assume all legal responsibility for the minor’s use of the Services. It will be the responsibility of the minor to get his/her parents or legal representatives’ approval before proceeding to use the Site or contract Services from the Site.

5. Ownership of content

We do not claim ownership of your content that you post on or through the Service. Instead, when you upload content that is covered by intellectual property rights (like photos or videos) on or in connection with our Service, you hereby grant to us a non-exclusive, royalty-free, worldwide license to host, use, distribute, modify, run, copy, publicly perform or display, translate, and create derivative works of your content (consistent with our Privacy Policy). You can end this license anytime by deleting your content or account. However, the content will continue to appear if you shared it with others and they have not deleted it.

You are fully responsible for the materials that you have submitted to the Site and accept all legal responsibilities for any consequences thereof. TreememberMe makes no representation or warranty, either expressed or implied, of any kind concerning the materials posted on the Site. Any materials that you or any other user post on the Site or passes through the Site for whatever reasons will be treated as non-confidential.

You accept and agree that, as a condition of your Profile on the Site, you agree to let TreememberMe freely use the materials posted on the Site, without any compensation, for any purposes including but not limited to, marketing, advertising or developing products by using such information.

6. Common Courtesy

Please play nicely with others online! You must always use our site in good faith. These are just examples of a few things we would rather you wouldn’t do on the Site:

• It is forbidden to attempt to buy, sell, or transfer any aspect of your Profile (including your username) or solicit, collect or use user information (including Profile credentials) of other users.
• Upload content that is illegal, hateful, violent, obscene, abusive, racist or inappropriate in any other way. We will remove all such material and are not liable for any loss of data as a result of this action.
• Create Profiles or collect information in an automated way without our permission.
• Any use that might violate any laws or that might infringe on the rights of third-parties.
• Upload your personal data that is not needed for the Services. This includes confidential information.
• Upload any personal data of other Users or individuals without their consent.
• Any use that might help to distribute Spam, phishing or any other activity that might result in sabotage, fraud or any other crime.
• Abuse or harassment of other users of the Site.
• Any modification or hacking of the Site.
• We can prohibit users from receiving any aspect of our Service if they fail to comply with our Terms. We also reserve the right to disable User Profiles of users that fail to comply with the Terms.

7. Technical Stuff

All actions that interfere with TreememberMe’s operations or services is strictly prohibited. This includes entering into, modifying visualizing the configuration, structure of or data included within TreememberMe’s servers. Please keep in mind that you will bear full legal liability for any damage or harm to our servers and systems caused by your negligent intervention.

TreememberMe is not responsible for any harms or losses that might result from the use of the Site. You are fully responsible for your use of the Site. TreememberMe does not claim any responsibility or liability for any direct, indirect, consequential, incidental or punitive damages of any kind arising out of your use of, access to, ability or inability to use the Site. Furthermore, TreememberMe is not responsible for any content of any sites that are linked to the Site.

8. This Is Not a Market Place

Users can not market, advertise or communicate with other TreememberMe users for commercial purpose. Users are forbidden from advertising or suggesting commercial or non-profit products or services on the Site without TreememberMe’s written approval.

9. Our Services

9.1

For each tree that you order we will grow a tree from seed or a cutting. The planted trees which become part of managed forests that meet the standards of additionality, permanence and leakage (see below). Each tree includes a carbon offset credit. The carbon credits are based on a weighted average of all trees that have entered TreememberMe’s inventory. This average is updated every time new inventory is added, and posted on our webpage.
Your tree can be of various species. Popular species include Pine, Larch, Spruce, Birch and Aspen. When choosing tree species, our partner takes into consideration several factors such as environmental conditions, survival rates and the CO2 binding rate. If a seedling dies in early stages of growth, it will be replaced by a comparable seedling.

9.2

Additionality: We guarantee that your tree is an addition to the trees that would otherwise have been planted. This means that your tree will have to be grown from a seed/cutting and there is a delay from the time of sale to the planting of your tree. This delay can be anywhere between 6 and 30 months.

Permanence: We guarantee that your tree will be part of a permanent forest. However, in accordance with best forest management practices, a forest may be thinned, replanted or otherwise maintained to ensure forest health. In the unlikely event of an unforeseen catastrophic event, such as forest fire or disease outbreak, the forest will be assessed and managed on a case by case basis by TreememberMe and its partner.

Leakage: We guarantee that your tree will be planted on land with little or no productive use and it will not cause increased carbon emissions in areas outside of the forest boundaries.

9.3

Buying a planted tree from TreememberMe does not grant the right of ownership for a physical tree, the land that it is planted on or any utilization of the tree during its lifetime. This right will solely remain with TreememberMe’s partner responsible for the seeding, planting and managing the trees.

9.4

All sales are final and planted trees cannot be returned for credit or cash. All sale transactions will be managed by an accredited third party which will maintain the purchase security and protection of our customers. A resale of a purchased tree is prohibited.

9.5

Your Profile can be used to You can request the deletion of your Profile and your account at any time. In compliance with the General Data Protection Regulation (GDPR) we will delete your account’s personal information with the exception of content we may need to comply with legal obligations. All provisions of these Terms will survive such termination. Your trees will continue to exist on our electronic map without your information.

9.6

You can activate our services by a direct purchase on our webpage or by entering a valid code that you have received legally from one of TreememberMe’s approved distributors. You cannot share your code with other people. Your code contains information regarding the name of the distributor and the number of trees that you received. Each code can only be used once.

9.7

We show the location of all trees on an electronic map on our webpage. The map is generated with our software that distributes the trees throughout the planned forest area. On average, the actual trees are within 1,5 metres from the location that appears on the map on our webpage. By creating a Profile, you can link your information to the trees that you have ordered.

9.8

If you suspect that information on our webpage or on your Profile is wrong, please send us a e-mail with an explanation. We will review the matter and respond as soon as possible.

10. Our Intellectual Property

You can only use our name, logo, ideas, registered trademarks etc. with our prior written permission. This does not include the use of the Site or our Services.

We reserve all intellectual and industrial property rights, and the Site and its content are protected by all relevant laws governing intellectual property. TreememberMe retains all rights available under Icelandic law and European Law (where applicable) with regard to our Site, source code, graphic designs, images, photographs, software, texts, as well as the Intellectual Property described above. This also includes our product and services and any other material on the Site. Nothing on our Site can be reproduced, distributed or modified without our written approval.

Please do not modify, abbreviate or translate TreememberMe to a different language or by using non-English characters. Please do not use our name or logo in connection with any other services or products.

11. Copyright Infringements

Is there any material on our Site that shouldn’t be there? If you believe that the copyright of your pictures or other materials has been infringed, please contact us immediately via e-mail. Please provide us with all relevant information, including location of the copyrighted material on our Site and your full name and contact information. We will then review and investigate the complaint and will reply as soon as possible.

12. Updating These Terms

We may need to make changes to these Terms so that they accurately reflect our Service and policies. Unless otherwise required by law, we will notify you (for example, through our Service) at least 30 days before we make changes to these Terms and give you an opportunity to review them before they go into effect. Then, if you continue to use the Service, you will be bound by the updated Terms.

/ Revised: May, 2019

Introduction

The TreememeberMe team respects your right to privacy and takes your privacy seriously. TreememeberMe is committed to protecting and securing any personal information you give us. This Privacy Policy explains who we are; how we collect, use and share personal information about you; how you can manage the information you give us and exercise your privacy rights; and how we protect your information. This Privacy Policy relates to our use of any personal information we collect from you via our website TreememeberMe.com (“Online Services”) or provide us with in any other way (the “Services”)

What do we do?

TreememberMe sells trees to its customers, sometimes directly and sometimes trough one of our many partners. For each tree that you order online we will grow a tree from a seed or a cutting. You can activate our services by a direct purchase on our webpage or by entering a valid code that you have received legally from one of our approved distributors. Your code contains information regarding the name of the distributor and the number of trees that you received.

Remember: You don’t have to disclose your identity on TreememberMe, but you must provide us with accurate and up to date information (including registration information). Whether you want to give us your personal information is up to you! If you do, we promise to do everything we can to protect such information. Please review our Terms & Conditions or contact us if you have any questions regarding our services or our privacy policy.

Important things you should know about how we use your information:

• We use your information for the purpose of allowing you to have a profile with us and link your information (for instance your name) with purchased trees that are gathered on our electronic map on our website.
• We do not share your personal information with any third-party.
• We do engage third-party vendors who provide services or functions on our behalf. They may have access to some of your information we gather.
• You can contact us about updating, accessing or deleting your information.
• We use information like cookies to improve your experience on Online Services; provide us with analytics information that will help us improve our Services generally.
• The data controller of your personal information is TreememberMe ehf., Hafnargata 15, 230 Keflavik, Iceland.

We recommend that you read this Privacy Policy in full to ensure you are completely informed.

What personal information do we collect and why?

The personal information that we may collect about you broadly falls into the following categories:

Information that you provide directly to us to generate a profile or to link your information to purchased trees.
We may ask you to provide personal information directly to us. For example, we may ask you to provide your full name, e-mail address in order to create or register your profile.

Payments on our webpage are handled by a third party, Borgun. They may ask you to review and accept their terms and condition. You will need to provide your billing information (such as credit card number, cardholder name, and expiration date) to make a payment.

We do not collect any sensitive information about you such as government-issued id- numbers etc.

Information that we collect automatically
When you visit us on our Online Services, we may collect certain information automatically from your device. In some countries, including countries in the European Economic Area, this information may be considered personal information under applicable data protection laws.

Specifically, the information we collect automatically may include information like your IP address, device type, unique device identification numbers, browser-type (such as Firefox, Safari, or Internet Explorer), your Internet Service Provider (ISP), your operating system and carrier. For website users, details of any referring website or exit pages, as well as broad geographic location (e.g., country or city level location), are also collected.

We may also collect other technical information such as how your device has interacted with our Online Services, including the pages accessed and links clicked and the time and date of these.

Collecting this information enables us to better understand the visitors who come to our Online Services, where they come from, and what content on our Online Services is of interest to them. Some of this information may be collected using cookies and similar tracking technology.

Who do we share your personal information with?

We may disclose your personal information to the following categories of recipients:

Third party services providers who provide data processing services to, or who otherwise process personal information for purposes such as credit card processing, where third-party service providers have access to data, they will only collect information as needed to perform their functions. They are not permitted to share or use the information for any other purpose.

Social media providers when you access certain social media features through our Online Services, you will share information with the social media provider (such as Facebook). The information you share will be governed by the social media’s privacy policy (including any data we may access via the social media provider). Social media providers should inform you about how you can modify your privacy settings on their site.

Any law enforcement body, regulatory, government agency, court or other third parties where we believe disclosure is necessary because of applicable law or regulations or to exercise or defend our your legal rights.

Any other party with your consent to the disclosure.

How do we use your information?

Our legal bases for processing personal information (EEA visitors only)

If you are a visitor from the European Economic Area, our legal basis for collecting and using the personal information described in this Privacy Policy will depend on the personal information concerned and the specific context in which we collect it.

We will normally collect personal information from you only (i) where we need the personal information to make a purchase on our website, (ii) where the processing is in our legitimate interests and not overridden by your rights, or (iii) where we have your consent to do so.

If we collect and use your personal information in reliance on our legitimate interests (or those of any third party), this interest will normally be to operate our online services and communicate with you as necessary to provide our services to you,

How do we determine what our Legitimate Business Interests are?

We carry out an assessment to ensure that:
(i) Our interest in the use of your data is legitimate (i.e., we have a clear business need); and
(ii) The business need, on balance, does not override your privacy rights.

When determining this, we assess the potential impact a specific use of the data may have on you as a customer and weigh this against our own business needs to ensure that we get the balance right. We also apply a series of security measures to minimise any potential risks.

In accordance with the legal grounds above, we use the information we collect to:

• fulfil the purchase/order that you make,
• create or register your profile on our webpage,
• manage your profile, including processing payments,
• communicate with you in general, for instance, to respond to any inquiry you make,
• resolve disputes, collect fees, or troubleshoot problems and,
• enforce our Terms and other agreements.

How do we protect your personal information?

No Online Service platform can guarantee absolute security. But the TreememberMe team has put in place appropriate technical and organizational measures to protect the personal information that we collect and process about you.
Furthermore, only authorized employees are permitted to access personal information, and they may only do so for permitted business functions.

All data on the website and information it collects is stored and maintained on web servers within the European Union and operates in compliance with GDPR (General Data Protection Regulation). Personal data will not be kept for no longer than necessary for the purposes for which it is being processed. Your Profile will be kept open until you decide to delete it.

Remember: You can delete your profile at any time. In compliance with General Data Protection Regulation (GDPR) we will delete your account’s personal information with the content we may need to comply with legal obligations. Keep in mind that your trees will continue to exist on our electronic map without your information.

Your data protection rights [EEA residents]

If you are a resident of the European Economic Area, you have the following data protection rights:

• If you wish to access, correct, update or request deletion of your personal information, you
  can do so at any time by contacting us.
• If you request access to your personal data we will confirm whether we hold your
  information and provide you with a copy, explaining how we process it and why, how long
  we store it for and your rights associated with it.
• If you request deletion of your personal information, we will erase it. Please do note that we
  will need to retain any information that we require to fulfill our legal obligations or to
  establish, exercise or defend a legal claim.
• You can object to the processing of your personal information, ask us to restrict the processing of
  your personal information or request portability of your personal information.

External Links

If any parts of our Online Services link you to other websites or Apps, those newly opened links do not operate under this Privacy Policy. We, therefore, recommend you examine the privacy policies posted on those other online areas to understand their procedures for collecting, using, and disclosing personal information.

Changes to This Notice

Changes to this Privacy Policy will be made when required in response to changing legal, technical or business developments. When we update our Privacy Policy, we will take appropriate measures to inform you, consistent with the significance of the changes we make. We will obtain your consent to any material Privacy Policy changes if and where this is required by applicable data protection laws.

Last updated May 24, 2019