TERMS OF USE FOR CLARA CARBON

1 Scope of application and relationship to other regulations

These terms of use herein (Terms of Use for Clara Carbon) (“Clara Carbon Terms of Use”) govern the use of the Clara Carbon platform and participation in the programme (referred to as “Clara Carbon” or the “Clara Carbon platform”). The Clara Carbon platform is provided by Clara Terra Limited ( or “we”). The Clara Carbon platform is aimed at consumers (referred to as “Users” or “you”) who wish to participate in climate action. The Clara Carbon platform aims to ensure that Users receive relevant content that is of interest to the Users. The Clara Carbon platform is provided on the basis of the following Clara Carbon Terms of Use.

2 Requirements for participation

You must be 18-years-old or over and using the Clara Carbon platform for your personal, noncommercial use to join and use our Clara Carbon platform.

3 Registration and Account

In order to use our Clara Carbon Platform, you will need to register an account. Further details relating to your Clara Carbon account and the terms that apply to your account are set out in Section B below. When you download the Clara Carbon app, you will be prompted to create an account. We are entitled to refuse the set-up of the Clara Carbon platform by a user in individual cases without giving a reason.

4 Service Objectives

4.1 Clara Carbon platform
The purpose of the Clara Carbon platform is to send you relevant information via the Clara Carbon app, which is relevant to you and – as far as possible – to personalise our offers and services for you. With Clara Carbon, you can enjoy a wide range of services. These include special offers tailored to your needs and wishes, participation in prize draws, competitions and discounts. We will try to determine your interests and preferences with regard to the products and services that we offer.

4.2 Data collection and storage
The data and information provided to us by you enables us to determine suitable offers for you. If we ask you for your consent for the processing of your data as described below, the information concerned will only be processed for the purposes of Clara Carbon if you have given your consent. Since Clara Carbon is designed to provide you with information and offers that are as accurate as possible on the basis of your identified needs and wishes, you can unfortunately only use our service in its basic version without giving your consent to the analysis of your usage behaviour in this app.

4.2.1 Registration for Clara Carbon
During the registration process, we require the following details from you: e-mail address and mobile phone number. The geolocation function of your mobile device can be used to determine your preferred offsetting projects.

4.2.3 Customer service
When you contact the Customer Service Team, we use the data you provide to process your request.

4.2.4 App usage
If you use the Clara Carbon app, we will keep a record of the stores where you offset. In addition, we also keep a record of QR Codes that have been scanned and activated, and your notification settings. In addition, we collect information on the operating system version used, the device identification, the system language and the chosen country as well as the app version that you are using.

4.2.5 Login data
Your login data will be collected and used so that you are able to login automatically, so that you do not have to log in each time that you use the app. Your login data will be saved in an encrypted format in the app until you log out of your account.

4.2.6 Partner offers
Within the Clara Carbon app, you may receive discounted offers from business partners from time to time. These offers will contain a generic or individualised identification number (promotional code) assigned by the respective business partner, which you must provide to the business partner when redeeming the offer. Some of these offers require you to identify yourself as a Clara Carbon customer using your digital customer card rather than a promotional code. The receipt and use of the offers is subject exclusively to the conditions and data protection information of the relevant business partner concerned. The app may contain links to partner or other independent websites which are not provided by us. Such partner or independent sites are not under our control, and we are not responsible for and not checked or approved their content.

4.2.7 Newsletter/ Push Notifications/ SMS
Furthermore, we collect your user behaviour with regard to information which we may send you as push notifications or SMS, store it and, if possible, assign it to you, your e-mail address or your customer number. We also collect the time of opening the links and areas you clicked on, selected products, time, duration and frequency of use.

4.3 Data analysis
We will compile the data described in section 4.2 in our database. We evaluate the data with the aim of identifying information in which you may be interested, so that we can send you or display such information. We also use mathematical-statistical methods to determine possible product interests. For this purpose, your personal data is compared with the data of other customers. Based on this comparison, we can then determine which other products and promotions that other customers with similar interests might be interested in. We do not process special category data which includes: personal data revealing racial or ethnic origin; personal data revealing political opinions; personal data revealing religious or philosophical beliefs; personal data revealing trade union membership; genetic data; biometric data (to identify); data concerning health; or data concerning a person’s sex life or sexual orientation. The categories of your personal data which we will take into account in the evaluation described in this section 4.3 are set out in the Privacy Notice.

5 General requirements for the use of the Clara Carbon Platform

To use the Clara Carbon app, a valid mobile phone number and e-mail address are required. In order to use the Clara Carbon App, participants must download the software through the Apple App store or Google Play store. You must have a device with a minimum operating system of iOS 11 (on an Apple device) or Android 5 (on an Android device) in order to use the Clara Carbon App.

However, Clara Carbon endeavours to offer the software for as many different model types as
possible. Due to the constantly changing product ranges on the market for mobile devices, Clara  Carbon is not able to offer an up-to-date list of all applicable mobile phones. The installation of the software and the use of the Clara Carbon platform requires regular mobile data use from your mobile phone. The extent and frequency of data transmission depends on the type and extent of use of the Clara Carbon platform. You must bear the connection costs and charges incurred for any mobile data use. The amount depends on the existing contract between you and your mobile phone provider. The costs of setting up and maintaining an Internet connection and/or mobile data services are not part of the Clara Carbon platform. Only your mobile phone service/Internet provider is responsible for this. The use of the Clara Carbon platform also requires sufficient battery power and screen brightness to scan the QR codes during the check-out process. From time to time, Clara Carbon may issue updates to the app to improve performance, enhance functionality, reflect changes to the operating system or address security issues. Updates will be made available through the App Store.

Depending on the update, you may not be able to use the Clara Carbon platform until you have downloaded the latest version of the app and accepted any new terms.

6 Your duties

You must:

  • enter your data correctly when registering and keep your profile up to date; and
  • keep your password private and change it regularly, or if you know or suspect that someone else knows your access data information or has used or has tried to use them.

You must not:

  • use the app in any unlawful or malicious manner, for any unlawful purpose, or in any manner
    inconsistent with these terms and conditions;
  • act fraudulently or maliciously, for example, by hacking into or inserting malicious code, such as
    viruses, or harmful data, into the app, the Clara Carbon platform or any operating system;
  • not infringe our intellectual property rights or those of any third party in relation to your use of the
    app or the Clara Carbon platform (to the extent that such use is not licensed by these terms);
  • not transmit any material that is defamatory, offensive or otherwise objectionable in relation to
    your use of the app or the Clara Carbon platform;
  • not use the app or the Clara Carbon platform in a way that could damage, disable, overburden,
    impair or compromise our systems or security or interfere with other users; and
  • not collect or harvest any information or data from any Clara Carbon platform or our systems or
    attempt to decipher any transmissions to or from the servers running any Clara Carbon platform.

7 Liability

If we fail to comply with these terms we are responsible to you for loss or damage that you suffer which are a direct, foreseeable consequence of us breaking these terms, or any losses or damage you suffer as a result of our failing to use reasonable care and skill.

We do not accept any responsibility to you:

  • if you are unable to access the app due to there being no or limited WLAN connection or internet connectivity being available through your mobile device; or
  • if the scanning device at the checkout does not function correctly and you are unable to identify yourself to link your purchase to the app.

Any offers that are made available to you via the Clara Carbon App are subject to availability. We do not exclude or limit in any way liability to you where it would be unlawful to do so. This includes liability for death or personal injury caused by our negligence or the negligence of our employees, agents or subcontractors, or for fraud or fraudulent misrepresentation.

We are not responsible for events outside our control. If there is any interruption to the operation or availability of the app and the Clara Carbon platform due to an event outside our control, we will let you know as soon as possible and take steps to minimise the impact.

Provided we do this we will not be responsible for any loss which may be incurred by you as a result of any suspension or, interruption to the availability of the app.
Access to the app may need to be suspended temporarily from time to time in the case of system failure, maintenance or repair required for these purposes

8 Termination, deletion

You may terminate participation in Clara Carbon at any time without giving any reason by activating the “Delete user account” function in the Clara Carbon app.
Termination by Clara Terra Limited is also possible at any time by giving you notice of 10 days, without stating a reason.

We may also suspend or terminate your rights to use the app and Clara Carbon platform at any time by contacting you if you have seriously or persistently breached these Lidl Plus Terms of Use.

Upon termination for any reason, your right to use the app and the Clara Carbon platform will end, and you must stop using the app and delete it from your mobile device.

9 Changes to the Clara Carbon Terms of Use

We may amend these Clara Carbon Terms of Use in accordance with this section.
We can make changes to these Clara Carbon Terms of Use for one or more of the following reasons:

  • to reflect changes in law or regulations or meet any relevant regulatory requirements;
  • to reflect new (or changes to) statements of code of practice or industry guidance designed to enhance consumer protection;
  • to reflect changes in technology and any changes to the functionality of the app, including the removal of out of date functionality; and
  • to change the way the Clara Carbon Terms of Use are drafted to make them fairer or clearer to you.

If we change the Clara Carbon Terms of Use, we will inform you by means of a corresponding notice in the app and you be will asked to confirm the new Clara Carbon Terms of Use. If you do not accept the notified changes you will not be permitted to use the app and platform.

10 Final provisions

We may transfer all or some of our rights under these Clara Carbon Terms of Use to someone else any at any time, however such transfer will not affect your rights under the contract.

If any term of these Clara Carbon Terms of Use is found to be unenforceable, this will not affect the validity of the other terms. These Clara Carbon Terms of Use are in English and any communications we send to you will be in English.

These Clara Carbon Terms of Use are governed by Irish law and any disputes or court proceedings arising from them are subject to the nonexclusive jurisdiction of the Irish courts.