TERMS AND CONDITIONS OF USE CHERRY GREEN REWARDS APPLICATION
These terms and conditions govern the access and use of the Cherry Green Rewards (“Application”). The Application is owned, managed and operated by GT Global Limited and its affiliates (collectively, “Cherry Green”, “we”, “us” and/or “our”).
These Terms constitute the entire agreement between you and the Cherry Green concerning your use of the Application. By creating an Account and using the Application, you agree to these terms and conditions (“Terms”). We reserve the right to modify these Terms at any time.
Cherry Green is committed to evolving to meet the needs of its Users. As such, Users accept and acknowledge that the form and nature of the Application may be modified without prior notice.
Definitions
User or You: An individual, at least 18 years old, who registers for an Account and uses the Application. Users may act as collectors or partners creating challenges.
Account: A set of data associated with a User during registration and subsequent use of the Application.
Action: An activity consisting any one or a combination of the below activities:
- Recycling: The completion of any of the following actions on the Application: (1) The deposit of used plastic bottles at collection points for recycling and (2) the reporting of new collection points for validation on the Application.
- Consumption: The completion of each of the following actions on the Application: (1) a completed purchase at a restaurant designated on the Application, (2) the uploading of a photograph of the receipt or meal while at the restaurant with either (i) geolocation detection turned on or (ii) manual input of price, date, restaurant name and location.
- Mission Completing: The completion of an Eco Mission as directed by the Application.
- Community Building: The (i) sending of a referral link to a potential new User and the referred User registers for an Account and/or (ii) completion of a daily login-on to the Application.
- Plogging: The completion of physical activity (walking or jogging) combined with the picking up of litter and recording the same on the Application.
- Other: The participation in challenges organized by Cherry Green partners.
Points: One or both of Leaf Points or Reward Points which may be earned through Actions and collected on the Application by Users.
Using Cherry Green Rewards
Registration: To register on the Application, Users must create an Account and accept these Terms during registration. Acceptance is deemed effective once the User clicks on the button to register an Account. After accepting these Terms and providing complete and accurate personal information, validated by the Company, the User becomes a member of the Cherry Green community. By registering for an Account, You warrant that the information provided to Cherry Green on registration is accurate and complete, and you agree to notify the Company of any subsequent changes.
Rewards: You will be rewarded in Points for successfully performing the Actions. The Points are distributed free of charge by the Cherry Green via the Application.
In the absence of contrary evidence provided by computerized records stored in Cherry Green’s and its partners’ computer systems, under reasonable security conditions, will be considered proof of Actions.
The distribution or allocation of Points is irreversible and immutable. Points are personal to Users, transferable, and exchangeable. Cherry Green cannot be held responsible for any loss, erroneous, or accidental transfer of Points or the private key of the account providing access to these Points.
Points are specific to the Application and serve the utility described in these Terms for actions carried out within the Application. Under no circumstances do the Points grant the holder any rights to a share in Cherry Green’s capital, partnership or shareholder rights in Cherry Green, participation in its management, or dividends. Cherry Green reserves the right to correct the allocation of Points in cases of incorrect declaration of an Action. If fraud is detected, Cherry Green may block the User’s account. Cherry Green reserves the right to change the number allocated per Action performed within the Application at its discretion.
User Responsibility
Each User acknowledges being solely responsible for any activity conducted on their Account. We cannot be held responsible for content published or interactions with other Users, as we have no control or monitoring capability as an automatic collaborative platform. Users are solely responsible for messages, content, and actions within and outside the Application.
Users must declare they are at least 18 years of age and possess legal capacity or have parental permission to register an Account. Users agree not to use the Application for regular and/or remunerated activities associated with employment or entrepreneurial ventures.
The following are examples of the kind of content and/or use that is illegal or prohibited by Cherry Green. Cherry Green reserves the right to investigate and take appropriate legal action against anyone who, in Cherry Green’s sole discretion, violates this provision, including without limitation, removing the offending content, suspending or terminating the account of such violators and reporting you to the law enforcement authorities.
Users agree to not use the Application to:
- Infringe upon the intellectual property rights of third parties or Cherry Green; Users will not reproduce, distribute, or publicly communicate elements protected by copyright or other intellectual property rights without prior and express consent from the rights holder(s), nor alter, modify, copy, transmit, sell, or distribute any part of the Application without our prior written consent.
- Endorse crimes or publishing illegal, hateful, threatening, paedophilic, pornographic, defamatory, obscene, racist, anti-Semitic, xenophobic, revisionist, or content contrary to public order and morality.
- Invade privacy or violate the dignity of individuals.
- Incite violence, fanaticism, crime, suicide, or hatred based on religion, race, sex, sexual orientation, or ethnicity.
- Harass other Cherry Green community members.
- Promote or encourage criminal activity or enterprises.
- Solicit and/or communicate passwords and/or personal information for commercial or illegal purposes.
- Upload external site addresses or hyperlinks with content contrary to laws, regulations, third-party rights, or these conditions.
- Upload malicious content such as malware, Trojans, viruses, or interfering with access to the Application.
- Violate any applicable local or international law, or any regulations having the force of law.
- Impersonate any person or entity, or falsely state or otherwise misrepresent your affiliation with a person or entity.
- Solicit personal information from anyone under the age of 18.
- Harvest or collect email addresses or other contact information of other Users by electronic or other means for the purposes of sending unsolicited emails or other unsolicited communications.
- Advertise or offer to sell or buy any goods or services for any business purpose that is not specifically authorized.
- Further or promote any criminal activity or enterprise or provide instructional information about illegal activities.
- Obtain or attempt to access or otherwise obtain any materials or information through any means not intentionally made available or provided for through the Application.
Users are solely responsible for maintaining the confidentiality of their password and agree not to disclose it to any person or use another User’s account, pseudonym, or password.
Users must immediately notify Cherry Green of any security breach or unauthorized use of Account and take corrective and protective measures offered within and outside the Application.
We reserve the right, in the event a User violates applicable legislation, breaches these Terms, or infringes upon third-party rights, to provide any information or elements facilitating the identification of the offending User upon request from any law enforcement or judicial authority (jurisdiction, administrative authority, police, etc.) or injured User. We may, in accordance with the law, remove or block any manifestly illicit information or content upon request from a legitimate authority and/or close the Account of the offending User.
Intellectual Property
The design, form, title, brands, and all elements contained on the Application, whether registered internationally under copyright and trademark law, are the exclusive property of GT Global Limited or have been subject to prior authorization for use by Cherry Green.
Users acknowledge and agree that the Application may contain content or features (“Content”) that are protected by copyright, patent, trademark, trade secret or other proprietary rights and laws. Except as expressly authorized by Cherry Green, Users agree not to modify, copy, frame, scrape, rent, lease, loan, sell, distribute or create derivative works based on the Content, in whole or in part, except that the foregoing does not apply to User’s own content that Users legally upload while using the Application. In connection with your use of the Application you will not engage in or use any data mining, robots, scraping or similar data gathering or extraction methods.
Any total or partial reproduction of the Application and/or its components by any means, without our express prior authorization, is prohibited and constitutes infringement of our intellectual property rights.
Under no circumstances will Cherry Green be liable in any way for any content or materials of any third parties, including, but not limited to, for any errors or omissions in any content, or for any loss or damage of any kind incurred as a result of the use of any such content. Without limiting the foregoing, Cherry Green and its designees will have the right to remove any content that violates these Terms or is deemed by Cherry Green, in its sole discretion, to be otherwise objectionable.
With respect to the content or other materials you upload through the Application (collectively, “User Content”), you represent and warrant that you own all right, title and interest in and to such User Content, including, without limitation, all copyrights and rights of publicity contained therein. By uploading any User Content you hereby grant and will grant Cherry Green and its affiliated companies a nonexclusive, worldwide, royalty free, fully paid up, transferable, sublicensable, perpetual, irrevocable license to copy, display, upload, perform, distribute, store, modify and otherwise use your User Content for any Cherry Green-related purpose in any form, medium or technology now known or later developed.
You acknowledge and agree that any questions, comments, suggestions, ideas, feedback or other information about the Application (“Submissions”) provided by you to Cherry Green are non-confidential and Cherry Green will be entitled to the unrestricted use and dissemination of these Submissions for any purpose, without acknowledgment or compensation to you.
Without limiting the foregoing, you acknowledge and agree that Cherry Green may preserve content and may also disclose content if required to do so by law or in the good faith belief that such preservation or disclosure is reasonably necessary to: (a) comply with legal process, applicable laws or government requests; (b) enforce these Terms of Use; (c) respond to claims that any content violates the rights of third parties; or (d) protect the rights, property, or personal safety of Cherry Green, its users and the public. You understand that the technical processing and transmission of the Application, including your content, may involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices.
We respect the intellectual property of others and ask Users to do the same. Any individual, User, or third party may report a copyright infringement. After verifying the request, Cherry Green will delete the offender’s account and may take legal action against the infringer if the infringement is found and is harmful.
Liability of Cherry Green
It is expressly agreed that Cherry Green’s liability cannot be sought in any way whatsoever for the content published on the Application by Users, or for actions or remarks made outside the Application. Within the scope of these Terms, it is expressly understood that Cherry Green acts as a platform identifying collection Points and connecting users. As such, Cherry Green is not obligated to monitor any content submitted or disseminated via the Application or the quality of collection Points in terms of post-consumer processing. Cherry Green assumes no responsibility for Users’ content and does not endorse any opinions expressed.
The User may inform Cherry Green if they believe that content published on the Application infringes on their personal or intellectual property right or infringes on the rights of other Users or causes any damage. It is expressly agreed that Cherry Green cannot be held responsible for any fraudulent exploitation of data that occurs without its knowledge or in contravention of these Terms, particularly for any damage or harm suffered by Users during actions or other acts that do not respect the laws and rights of other Users.
Cherry Green cannot be held responsible for technical issues beyond its control, such as maintenance or network problems attributable to the Internet service provider, which could lead to temporary network interruptions. Users acknowledge and accept the constraints and limitations of the Internet networks, particularly regarding data transmission and data breaches. In any case, Cherry Green cannot be held responsible if the services offered are incompatible with certain equipment and/or functionalities of the User’s devices or related IT equipment. Cherry Green’s liability cannot be invoked solely due to the malfunction of hyperlinks on the Application referring to third-party websites or their content, including advertisements, products, services, and/or other materials available on and from said third-party sites, nor for their inaccuracy.
Cherry Green cannot be held liable for non-performance or poor performance of rewards due to insurmountable and unforeseeable acts by a third party, public force, or force majeure. To the extent permitted by law, Cherry Green and its representatives cannot be held responsible for any damages, including loss of data, indirect damages, damage to reputation, or third-party requests resulting from the use of the Application or its services. Cherry Green may cease to offer services (or any other function of the Application) to Users in general, at its sole discretion without notice and without liability to Users.
Termination of the relationship between the User and Cherry Green
These Terms will continue to apply until terminated by the User or by Cherry Green under the conditions set out below. If the User wishes to terminate their commitment to Cherry Green, they can do so by closing their Account. Cherry Green may terminate the contract at any time if (i) the User does not comply with any of these Terms (or acts in a way that clearly shows they do not intend or are unable to comply with these Terms); or (ii) Cherry Green is required to do so by law; or (iii) Cherry Green plans to cease providing the services to Users in their country of residence or in the country where they use the services; or (iv) the services that Cherry Green makes available to the User are no longer commercially viable from Cherry Green’s perspective.
When possible, Cherry Green may notify the affected party of this termination within a reasonable period of time.
Termination of the relationship between the User and Cherry Green
These Terms will continue to apply until terminated by the User or by Cherry Green under the conditions set out below. If the User wishes to terminate their commitment to Cherry Green, they can do so by closing their Account. Cherry Green may terminate the contract at any time if (i) the User does not comply with any of these Terms (or acts in a way that clearly shows they do not intend or are unable to comply with these Terms); or (ii) Cherry Green is required to do so by law; or (iii) Cherry Green plans to cease providing the services to Users in their country of residence or in the country where they use the services; or (iv) the services that Cherry Green makes available to the User are no longer commercially viable from Cherry Green’s perspective.
When possible, Cherry Green may notify the affected party of this termination within a reasonable period of time.
Privacy Policy
This privacy statement (“Privacy Statement”) will explain how we handle User’s personal data. “Personal Data,” as used in this Privacy Statement, is information that identifies or can reasonably be linked directly or indirectly to an identifiable person. The privacy practices and standards detailed in this Privacy Statement apply to all data subjects globally, unless specifically noted otherwise.
This Privacy Statement applies to the services provided by the Application (“Services”).
What Personal Data does Cherry Green collect about me?
The categories of Personal Data collected by Cherry Green change depending on the Services you use. We have described below which Services correlate with the processing in each Personal Data category.
Information you provide directly
We collect the Personal Data you provide to us, for example:
Registration information: When you register for an Account, we collect information that identifies you such as your name, username, email address, password and mobile number. Please note only your username will be visible to other users of the Services.
Marketing contact information: If you request us to contact you, or sign up for marketing materials or events, Cherry Green may collect information such as your Discord username.
Other content you submit: We may also collect other content that you submit to our Services. For example: feedback, comments and blog posts, or when you participate in any interactive features, surveys, contests, promotions, prize draws, activities or events. When you participate in interactive channels, we may collect and process information for demographic analysis. Such collection is not tied to any specific products, but may be collected through the Application.
Information about your use of the Services we collect automatically
We may collect certain Personal Data automatically through your use of the Services, for example:
Device information and identifiers: When you access and use our Services, we automatically collect information about your device, which may include: device type, your device operating system, browser type and version, language preference, IP address, hardware identifiers, and mobile IDs. This information may be collected through any use of the Services.
Email marketing: When we send you emails, they may include technology such as a web beacon, that tells us your device type, email client, and whether you have received and opened an email, or clicked on any links contained in the email. The information we obtain in this manner enables us to customize the services we offer, as well as measure the overall effectiveness of our online content, advertising campaigns, and the products and services we offer through.
Buttons, tools, and content from other companies: The Services may include links or buttons to third-party services such as Discord, Instagram, Facebook and Twitter. We may collect information about your use of these features. In addition, when you see or interact with these buttons, tools, or content, some information from your browser may automatically be sent to the other company. Please read that company’s privacy statement for more information.
What Personal Data is not collected by Cherry Green?
We do not intentionally collect sensitive Personal Data, such as genetic data, health information, or religious information.
If you are under the age of 18, you may not register for an Account. Cherry Green does not knowingly collect information from, or direct any of our Services to, persons under 18. If we learn or have reason to suspect that a user is under the age of 18, we will close that registered Account.
How does Cherry Green use my Personal Data?
Cherry Green uses your Personal Data for the following purposes:
- To create your registered Account or otherwise process your registration, identify and authenticate your access to the Services, and provide you with the Services you have requested;
- To notify or update you about Actions, such as eco mission challenges, or to send vouchers for redemption;
- To understand how our Services are used and to improve our Services;
- To provide personalized experiences;
- To conduct user research and development;
- To send you important information about the Services;
- To send you information you have requested;
- To send you advertising, marketing content, offers, promotions, newsletters, surveys or other information;
- To create digital productions and manage events;
- To provide trainings and learning opportunities;
- To provide workload and code review recommendations through machine-learning;
- To respond to your requests for customer support;
- To improve the security of and troubleshoot our Services, as necessary to perform the contract governing your use of our applications or to communicate with you;
- To detect, prevent, or otherwise address fraud and abuse to protect you, Cherry Green, and third-parties;
- To enforce the legal terms that govern our Services;
- To comply with our legal obligations;
- To protect the rights, safety and property of Cherry Green, you, or any third-party; and
- For other purposes, for which we obtain your consent.
Legal basis for the processing of your Personal Data
When our processing is subject to international laws, including but not limited to the General Data Protection Regulation (“GDPR”) that governs individuals located in the European Economic Area (“EEA”), we collect and process your Personal Data using one or more of the following legal bases set out by applicable law:
Performance of a contract: We use your Personal Data to provide the Services you have applied or subscribed to, and to complete and administer the contract you have entered into with Cherry Green, which includes these Terms.
Legitimate interests: We use your Personal Data for our legitimate interests, such as to provide you with relevant content, improve our products and services, and for administrative, security, fraud prevention and legal purposes. You may object to the processing of your Personal Data for these purposes at any time.
Consent: We may use your Personal Data, with your consent, for specific purposes such as marketing, surveys, and research. You may withdraw your consent for the specific purpose or object to the processing of your Personal Data at any time.
Compliance with a legal obligation: We may use your Personal Data in connection with legal claims, regulatory compliance, and audits.
With whom does Cherry Green share my Personal Data?
We may share each of the categories of Personal Data we collect with the types of third-parties described below, for the following business purposes:
Sharing with users and the public: Only your username will be visible to other Users of the Application.
Sharing with service providers: We may share your Personal Data with our service providers. These are companies who provide services on our behalf, such as hosting our Services, marketing, advertising, social, analytics, security and other such similar services. These companies are subject to contractual requirements that govern the security and confidentiality of your information.
For example, we use analytics providers, such as Google Analytics, to help us understand the operation and performance of our Services. To learn about how Google uses and shares data it collects through its services, please visit https://www.google.com/policies/privacy/partners/.
Sharing with third-parties: We work with third-parties who provide sales, consulting, support and technical services for our Services. Where permitted and with your consent (if required), we may share your data with these partners.
Sharing with affiliated companies: We will share information collected with companies owned and operated by us.
Sharing for fraud and prevention abuse: We may share your information when we have a good faith belief that the disclosure is necessary to prevent fraud, abuse of our services, defend against attacks, and to protect the safety of Cherry Green and our users.
Law enforcement: We may disclose Personal Data or other information we collect about you to law enforcement if required in response to a valid subpoena, court order, search warrant, a similar government order, or when we believe in good faith that disclosure is necessary to comply with our legal obligations, to protect our property or rights, or those of third-parties or the public at large.
Merger or acquisition: We may share your Personal Data if we are involved in a merger, sale, or acquisition of corporate entities or business units. If any such change of ownership happens, we will ensure that it is under terms that preserve the confidentiality of your Personal Data, and we will notify you on our website or by email before any transfer of your Personal Data.
Sharing Personal Data across national borders
Our Services are hosted in Hong Kong and information we collect will be stored and processed in Hong Kong. Our vendors are based in the United Arab Emirates, France and Canada. Our employees, contractors, affiliated organizations, service providers, and sub-processors that process Personal Data may be located in Hong Kong or other countries outside of your home country. If you reside in the EEA, United Kingdom, or Switzerland, and we transfer information about you to a jurisdiction that has not been found by the European Commission to have adequate data protections, we will use available safeguards and legal mechanisms to help ensure your rights and protections, including using Standard Contractual Clauses or obtaining your consent.
How does Cherry Green secure my Personal Data?
We work hard to protect your Personal Data. We employ administrative, technical, and physical security controls where appropriate, to protect your information.
Data retention
In order to protect your Personal Data, Cherry Green will only retain your Personal Data for as long as your registered Account is active or as needed to perform our contractual obligations, provide you the Services, comply with legal obligations, resolve disputes, preserve legal rights, or enforce our agreements. Cherry Green reserves the right to delete inactive Accounts and associated content. Cherry Green may deem an Account inactive based on various criteria, including, but not limited to, the Account creation date and the date of the last contribution or information submission. If we plan to delete your Account, we will provide advance notice by sending a message to the email address registered to your Account.
What are my rights and choices regarding Personal Data?
You have the right to access, correct, restrict or delete your Personal Data. While these rights may vary by jurisdiction, Cherry Green provides you with the same rights and choices, no matter where you live. We provide these rights free of charge unless your requests are manifestly unfounded and excessive.
You may exercise your choices and rights as follows:
To opt out of email marketing: You may opt-out of email marketing by clicking the “unsubscribe” link located at the bottom of any marketing email you receive. You may continue to receive transactional email messages about your Account and the Service after you have unsubscribed.
To opt-out of interest-based advertising: If you wish to opt-out of interest-based advertising, please visit the Cookie Policy to see your options.
Request a copy of your information: You may email cherry@greentoken.org to request a copy of the personal data Cherry Green has about you.
Update your information: If you already have an Account, you may access, update, or alter your information by logging into your Account.
To delete your Account: If you only want to delete your Account, you may do so by emailing cherry@greentoken.org. If your Account is tied to a company that has entered into a contractual relationship with Cherry Green, you will have to confirm that you have permission from the company to do so or provide a replacement contact person to associate with that company Account.
To inform your Supervisory Authority: In the unlikely event you disagree with our handling of your request, you have the right to file a complaint with the competent supervisory authority in your jurisdiction.
Other important privacy information
Statement changes: We may change its Privacy Statement from time to time. When we do, we will update the date at the top of this Statement. We may also provide notification via email of any material changes to our Privacy Statement.
Contact us: Your information is controlled by GT Global Limited. If you have questions or concerns about the way we are handling your Personal Data, please email us with the subject line “Privacy Concern” at cherry@greentoken.org.
Applicable law and general provisions
(i) These Terms constitute an agreement between the User and Cherry Green concerning their use of the Application’s services and supersede any previous agreements entered into between the User and Cherry Green. These Terms and the User’s relationship with Cherry Green under these Terms are subject to the law of Hong Kong. (ii) Any dispute, controversy or claim arising out of, relating to or in connection with these Terms, including any questions regarding their existence, validity or termination, shall be resolved by arbitration administered by the Singapore International Arbitration Centre (“SIAC”) in accordance with the SIAC Arbitration Rules for the time being in force. The seat of arbitration shall be Singapore. The language of the arbitration shall be English. The number of arbitrators shall be one. (iii) If any term of these Terms is found invalid by a decision of a competent court, it will be deleted without affecting the other terms of the Terms. The remaining terms will remain valid and enforceable.
