This Notice of Terms of Use (the “Use”) contains the terms and conditions upon which Sustainalytics (“Sustainalytics”), grants the Authorized User access to Sustainalytics’ Platform.
PLEASE CAREFULLY READ THESE TERMS AND CONDITIONS. YOUR ACCESS AND USE OF THE INFORMATION MADE AVAILABLE BY MEANS OF THIS SUSTAINALYTICS PLATFORM IS EXPRESSLY CONDITIONED UPON YOUR ACCEPTANCE OF THESE TERMS AND CONDITIONS. BY INDICATING YOUR ACCEPTANCE OF THESE TERMS AND CONDITIONS AND/ OR BY ACCESSING AND USING ANY OF THE INFORMATION CONTAINED WITHIN THIS PLATFORM, YOU AND THE ENTITY ON WHOSE BEHALF YOU ARE ACCESSING THE INFORMATION AGREE TO THE FOLLOWING:
This Use is subject to the following terms and conditions:
1. Definitions: The terms below will be defined as follows:
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Authorized User:
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specific employee, director, officer of the Licensee that are authorized to use the Content in accordance with the license granted and the Intended Use under the License Agreement;
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Content:
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the information and materials made available to the Authorized User through this Platform;
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Licensee:
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the entity on whose behalf the Authorized User is accessing the Content made available by means of the Platform, who has entered into a separate License Agreement with Sustainalytics for the use of the Licensed Research and Data;
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License Agreement:
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the separate license agreement entered into by Licensee and Sustainalytics regarding the access and use of the Licensed Research and Data and the Content;
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Licensed Research and Data:
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information licensed by Sustainalytics to the Licensee in physical and/or electronic form, in accordance with the Intended Use, as defined in the License Agreement. The Licensed Research and Data accessible by the Licensee’s Authorized Users includes, without limitation, the research data, reports, analyses, assessments, documentation and other data, information, design, specification, instruction, service, or material made available by Sustainalytics to Licensee as part of the License Agreement through any delivery method specified the License Agreement;
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Platform:
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This web-based portal providing User access to the Content herein. Access is provided by means of a personal, password protected login;
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Sustainalytics:
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means any entity of Sustainalytics group providing User access to the Platform;
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2. Term: This Use starts at the acceptance of these Notice of Terms of Use for the same term as the one specified in the License Agreement or when an Authorized User is no longer authorized by the Licensee, whichever is earlier.
3. License: Unless otherwise provided in the License Agreement, the Authorized User is allowed to access and use the Content only internally for information purposes, during the Term, exclusively for the Licensee’s internal activities. Authorized User agrees that it will not engage in any commercial activities using the information contained herein.
Authorized User agrees not to: (i) modify or create derivative works of the Content; (ii) sublicense, lease, rent, assign, distribute, repackage, rebrand, or otherwise transfer or disclose the Content, any portion thereof or any documentation to any third party; or (iii) cause, assist or permit any third party to do any of the foregoing.
4. Intellectual property rights: Ownership of all worldwide rights, titles and interests, including all intellectual and property rights, in and to the Platform, Licensed Research and Data and Content, including, but not limited to, models, techniques, methods and instruments, software and other information and/or know-how embedded in or used for the Platform are and will remain vested in Sustainalytics and/or its suppliers or licensors. If the Authorized User is authorized to and downloads any information from the Platform, the Authorized User agrees not to remove or obscure any copyright or other notices or legends contained therein. Authorized User acknowledges that all proprietary rights in the information received shall remain the property of either Sustainalytics or its suppliers of information.
5. Confidentiality: The information made available to the Authorized User by means of the Platform is considered confidential. Confidential information includes, but is not limited to: the Licensed Research and Data, the Content as well as any other technical, commercial or financial information, research methodology or samples made available and disclosed to the Authorized User by means of the Platform either directly or indirectly, in writing or in any format. The Authorized User undertakes to protect the confidential nature of any such information with no less than the same degree of care used to protect the Licensee’s own confidential information, to observe strict secrecy with respect to such information and not to use such information for any purpose other than that which is in accordance with the license granted and the Intended Use under the License Agreement and to refrain from disclosing such to third parties, without Sustainalytics’ prior written permission. For any and all confidential information made available by means of the Platform, the obligation of confidentiality described herein shall be incumbent to the Authorized User for a period no shorter than the one set forth within the License Agreement.
6. Login credentials: Sustainalytics provides the Authorized User with an access code. This enables the Authorized User to create a login ID and password to permit access to the Platform. Authorized User shall safeguard the ID and password and shall be responsible for all activity carried out under such accounts.
7. Personal data: Sustainalytics uses the personal data provided by the Licensee to grant you, in your capacity as Authorized User, access to the Platform, to personalize Authorized User’s site experience, to analyze the IP and browser information to determine the effectiveness of the Platform and to help identify ways to improve it. The personal data that Sustainalytics processes in order to provide the Authorized User with Content is the information provided for Platform access, namely: name, e-mail address, details about the Licensee. Also, the website site collects information about Authorized User’s computer, including (where available) its IP address, operating system and browser type. This information is used for system administration, to filter Platform traffic, to look up user domains, and to report on Platform statistics. Details of Authorized User’s visits to our Platform and resources the Authorized Users access are also processed for the same purpose (including but not limited to, traffic data, location data, weblogs and other communication data).
Any and all such personal data is processed according to Sustainalytics’ privacy policy at www.sustainalytics.com/privacy-and-cookie-policy, for the purpose of providing the Authorized User with the content, or to comply with applicable laws, and shall be kept as long as they are necessary for providing Content or longer, if and as long as required by law. Sustainalytics may transfer this information to its affiliates within or outside EEA according to the requirements set forth in Chapter V of GDPR. A list of such affiliates is available at https://www.sustainalytics.com/get-in-touch/#locationNavEurope. No personal data will be sold or otherwise transmitted to third parties.
8. Updates and Modifications: Sustainalytics may, in its sole discretion, modify and release subsequent versions of the Content or the Platform and the Authorized User hereby agrees to obtain and use the most current version.
9. No warranty: The Content, Licensed Research and Data or Platform is provided on an "as is" basis and Sustainalytics and its suppliers and licensors make no warranties regarding the information and data made available to the Authorized User, express or implied, including but not limited to implied warranties of originality, accuracy, adequacy, completeness, timeliness, non-infringement, merchantability, fitness for a particular purpose, uninterrupted access or error free delivery of Content, Licensed Research or the Platform.
10. Exclusion of damages: In no event will Sustainalytics or its suppliers and licensors be liable to the Authorized User or Licensee or any other party for damages of any kind arising from or related to these Terms of Use or the access and use of the Content, whether resulting from tort (including negligence), breach of contract or any other form of action, including but not limited to direct, indirect, special, incidental, punitive and consequential damages (including lost profits) of any kind, even if advised of the possibility of such damages.
This limitation on liability includes, but is not limited to, the transmission of any viruses which may infect the Authorized User’s or Licensee's equipment, failure of mechanical or electronic equipment or communication lines, telephone or other interconnect problems (e.g., the licensee cannot access its internet service provider), the provision or failure to provide access to the Platform, downtime, response time, delay or inability to use Platform, any and all technical malfunctions or difficulties arising from the Platform usage or pertaining to contained data availability, unauthorized access, theft, operator errors, strikes or other labor problems or any force majeure. Sustainalytics nor its suppliers accept any liability for damage arising from the use of this publication or information contained herein in any manner whatsoever.
11. No investment or other advice: Neither Sustainalytics, its affiliates nor any of their third-party suppliers provide investment advice (as defined in the applicable jurisdiction) or any other form of advice, financial or otherwise, and nothing within the Content, Licensed Research and Data or Platform constitutes such advice. For the avoidance of doubt, nothing within the Content: (i) recommends any financial product; (ii) recommends that any particular financial product should be bought, sold or held by the User, the Licensee or Licensee’s customers; or (iii) gives any opinion on the creditworthiness of any company.
12. Third Party Data: In the provision of the Content or the Licensed Research and Data, Sustainalytics might use data owned by third parties (“Third Party Data”). The Authorized User must comply with the third party terms of use, which can be accessed at: https://www.sustainalytics.com/third-party-terms-of-use.These Third-Party Data terms of use are subject to change and it is the Authorized User’s responsibility to regularly check for any updates. Redistribution of any Third-Party Data delivered by Sustainalytics is not allowed. For such Third-Party Data that the Authorized User or the Licensee is required to obtain a separate license to receive, no license for use is granted under this Use and Sustainalytics shall have no liability hereunder for any use of the Third Party Data by the Authorized User or Licensee.
Where Sustainalytics is bound by an obligation to its Third Party Data suppliers to inform such Third Party Data supplier about the identity of the Authorized User or Licensee receiving access to the Third Party Data, the Authorized User hereby authorizes Sustainalytics to provide Third Party Data suppliers with the required information about the Authorized User and the Licensee. (name, title, address, email address, phone number).
If the Authorized User does not comply with a Third Party Data terms of use, or if requested by a Third Party Data supplier, Sustainalytics may be required to terminate the Authorized User’s access to the Content containing any Third Party Data, without any remedy to the Authorized User or Licensee.
13. General: The Authorized User agrees that the foregoing terms and conditions shall survive any termination of its right of access to the materials identified above, and shall in no way exclude or limit the Licensee’s liability for Authorized Users’ access and use of the Content or Licensed Research and Data. For the avoidance of doubt, this Notice of Terms of Use does not affect the License Agreement and such agreement remains in full force and effect. No amendment or modification shall be binding unless in writing and signed by a duly authorized representative of both parties.
By clicking “I AGREE” by mouse click, the Authorized User acknowledges that has read and agreed with the terms and conditions of this Notice of Terms of Use in its entirety. These Terms of Use will terminate immediately without notice from Sustainalytics, at Sustainalytics’ sole discretion, if the Authorized User fails to comply with any provision of this Notice of Terms of Use, any applicable law or regulation, or acts outside the limits drawn up by any standing agreement concluded between the Licensee and Sustainalytics. Upon either such termination, or upon the termination of any Agreement concluded between the Licensee and Sustainalytics (including, but not limited to the License Agreement), Authorized User must discontinue the use of the Platform and promptly delete and destroy all materials obtained via the website and any copies thereof.
THE AUTHORIZED USER REPRESENTS TO HAVE THE AUTHORITY TO ACKNOWLEDGE AND AGREE TO THE ABOVE TERMS AND CONDITIONS ALSO ON BEHALF OF THE LICENSEE.
