We would like to thank you (hereinafter referred to as the "user") for using the SustainSymphony portal to determine your CO2 event footprint. We are making the portal available to you via this platform (hereinafter referred to as the "service"). Would you please read these Terms of Use carefully since a contract will come about between you and d&b solutions GmbH & Co. KG when you accept the Terms of Use.

For reasons of better legibility and legal certainty, these Terms of Use do not include any simultaneous references to the language forms "male", "female" and "diverse" (m/f/d). All personal designations apply equally to all genders.

General Information

I. Scope of Application

The following General Terms of Use shall apply to the utilisation of the service operated by d&b solutions GmbH & Co. KG ("d&b") and the content, documents and functions ("content") which are included in the service and are made available worldwide.

The service shall be intended solely for use by companies, traders, associations, craft enterprises, self-employed persons within the meaning of § 14 of the German Civil Code (BGB) or legal persons under public law ("B2B area"). Private use of the service shall be prohibited.

II. Description of the Service

The service shall enable the user to determine the sustainability footprint of events free of charge by means of the categories contained in the SustainSymphony portal and to prepare for sustainability certification processes.

III. Service Provider

The service is provided by d&b solutions GmbH & Co. KG, a company which is registered and operated under German law (HRA: 737867), and has its head office at Eugen-Adolff-Strasse 134, 71522 Backnang, Germany.

The "ESG Cockpit" software analyses the data from the entered parameters and the resultant generation of the results within the supplied service. This software is provided and operated by akaryon GmbH, a company registered and operated under Austrian law (Company Register number FN 403298 k), and has its head office at Grazer Strasse 77, 8665 Langenwang, Austria ("akaryon").

1. Subject of the Agreement

1. The user shall gain access to the service by creating a customer account via the SustainSymphony portal. Subject to the provisions in these Terms of Use, the user shall be permitted to utilise the content contained in the service for his own purposes free of charge in accordance with these Terms of Use.
   
   
2. Use of certain content may be subject to special conditions. These separately shown conditions shall then apply each time in addition to the General Terms of Use. The ESG Cockpit software shall be subject to separate Terms of Use which can be found under the following link:
   
   By acknowledging these Terms of Use, the user shall also accept the Terms of Use relating to the "ESG Cockpit" software.
   
   
3. d&b shall reserve the right to amend, end or remove all or some of the content and functions, and/or to stop operating the service entirely at any time.
   
   
4. d&b shall be entitled to use its own personnel to fulfil the obligations arising from this Agreement or subcontract or outsource at its own discretion services or parts thereof to a company affiliated with d&b or other subcontractors. Unless otherwise agreed, d&b shall remain responsible for fulfilling its obligations from this Agreement.
   
   
5. d&b and subcontractors used by d&b to fulfil the obligations arising from this Agreement shall be entitled to use information and data, which are collected, are generated or arise during the provision of the services, in an aggregated and anonymised form for service provision, as well as statistical analyses for the purpose of improving its products and services, market research to identify customer needs and trends, internal reports and a business plan, and for the development of new products and services. d&b shall also reserve the right to transfer to third parties the aggregated data for scientific research purposes in the area of sustainability. During the processing of aggregated data, steps shall be taken to ensure that the data and information are anonymised so that individual users, companies and persons can no longer be identified, that data is processed in accordance with valid data protection legislation, especially the General Data Protection Regulation (GDPR), and that suitable technical and organisational measures are implemented to protect the data against unauthorised access or processing. The user shall not be entitled to claim any remuneration for this use of the data and information by d&b and its subcontractors.
   
   

2. Registration / Obligations of the User

1. The user shall be obliged to create an account in order to access the service. The service shall be provided free of charge in its existing form.
   
   
2. The user shall ensure that the account information is correct, up to date and complete, and that passwords and other access data for the offered service are treated with strict confidence and are not passed on to third parties. If the user becomes aware of any misuse of his access data, he shall inform d&b immediately and prevent this misuse by changing the registration information. The user shall assume full responsibility for all actions which are taken when using his account.
   
   
3. If individual account information is changed, the user shall be obliged to notify d&b immediately and/or make changes himself in the portal.
   
   The user's registered information may be amended or updated at any time in the user's account. This provision shall not apply to master data (name, e-mail address, company name).
   
   
4. The user shall only enter truthful information in the system. Entry of untruthful information will lead to incorrect results. d&b shall not be responsible for the correctness of the information entered by the user. Personal data of third persons may only be entered if these persons have given their consent.
   
   
5. By activating the "share with others" function, the user may provide other users of the service with information (for example about event venues or products / services) and documents (hereinafter referred to together as "information"). The user may only share this information if it is truthful, the user is entitled to pass it on and the information does not infringe third-party rights. The user may personally stop the release of information for other users at any time by resetting the "share with others" function. This shall mean that the other users are no longer able to see and utilise the information. However, this provision shall not apply to information which is already in evaluations created by other users at this point in time. d&b shall be entitled to deactivate the "share with others" function at any time if d&b becomes aware that the information shared by the user does not correspond to the truth, may not be passed on or infringes third-party rights. In the event of a corresponding suspicion, d&b shall first contact the user. If this suspicion cannot clearly be dispelled with sufficient certainty for d&b, d&b shall also be entitled to deactivate the "share with others" function. d&b shall not be liable for any resulting damage.
   
   
6. If third parties take legal action against d&b due to the infringement of the above-mentioned provisions by the user, the user shall release d&b and its organs and employees from these claims. This provision shall not apply if the user is not responsible for the infringement.
   
   
7. The user shall comply with the behavioural rules and values which are defined for d&b in the Code of Conduct. This Code of Conduct can be found under the following link: https://www.dbaudio.com/global/en/about-db/corporate-social-responsibility/environmental-vigilance/code-of-conduct/
   
   It shall be forbidden to make discriminatory, racist and anti-competitive statements, as well as comments and announcements which could damage the reputation of d&b and its affiliated companies within the meaning of § 15 of the German Stock Corporation Act (AktG). d&b shall reserve the right to report these violations.
   
   

3. Obligations of d&b

1. d&b shall provide the service and the additional content. This provision shall not apply to the ESG Cockpit software which is provided by Akaryon.
   
   
2. d&b shall not guarantee any continuous availability of the service and shall endeavour to announce downtimes and unplanned maintenance work as early as possible.
   
   

4. Copyright and Intellectual Property

1. Unless otherwise identified, all industrial property rights to the supplied content, including trademark rights, rights to the company name or other marks, shall accrue to d&b.
   
   
2. All provided content of the service (e.g. texts, images, graphics, sound, animations, videos and their design) shall be protected by copyright. Rights to use this content shall only be granted insofar and as long as this is necessary for legal use of the service. Any further use of the content (especially reproduction, amendment or making it accessible to third parties) shall not be permitted.
   
   

5. Liability

1. The results of the service shall be based on the data which is entered and stored by the user. d&b shall have no influence over the accuracy of this data since it is only provided by the user and therefore lies solely within the area of responsibility of the respective user. Consequently, d&b shall not accept any liability for the topicality, accuracy and completeness of the provided data and results.
   
   
2. The CO2 footprint shall be calculated by the "ESG Cockpit" software from akaryon. d&b shall accept no responsibility or liability for the topicality, accuracy and completeness of this calculation basis.
   
   
3. The service and the content shall also be provided to the exclusion of defect warranty rights. d&b shall only be liable for material and legal defects if it maliciously concealed the defect. d&b shall therefore not accept any other explicit or tacit legal warranty or guarantee relating to the results, quality, performance, functionality or accessibility of the service.
   
   
4. d&b shall only be liable for damage suffered by the user outside the defect warranty in accordance with valid legal regulations if the damage was caused intentionally or through gross negligence. In addition, d&b shall be liable for damage caused through the loss of life, physical injury or injury to health, as well as under the Product Liability Act or other compelling liability based on valid law.
   
   
5. Any further liability of d&b shall be excluded irrespective of the legal reason. This provision shall also apply to any liability for damage (e.g. loss of data, damage to hardware or software) caused by viruses or other malicious software.
   
   
6. If the liability of d&b is restricted or excluded according to the above-mentioned provisions, this shall also apply to the personal liability of the legal representatives and employees of d&b and its affiliated companies within the meaning of § 15 of the German Stock Corporation Act (AktG), as well as to indirect damage and consequential damage such as loss of data and business interruptions.
   
   
7. d&b shall not be liable for damage which is caused by the ESG Cockpit software since this software is provided and operated by akaryon. Claims in connection with this damage or these defects shall be enforced directly against akaryon. The provisions and restrictions of the ESG Cockpit End User Agreement shall apply.
   
   

6. Duration, Amendments and Termination of the Terms of Use

1. These Terms of Use shall apply from the date of registration and shall be valid for an unlimited period of time.
   
   
2. d&b shall announce amendments or additions to these Terms of Use via the service at least 30 days in advance. d&b shall ensure that the respective amendments are appropriate after taking account of the specific interests of the user. In order to continue utilising the service, the user shall agree to the new Terms of Use via the service after the 30-day notice period. If the user no longer wants to permanently utilise the service based on the amended Terms of Use, he shall terminate the service in accordance with § 6.3.
   
   
3. The user may terminate utilisation of the service at any time. Notice of termination shall be sent by e-mail to: support@my.dbsustainsymphony.com.Once the notice of termination has been received, the possibility to use the service shall end and the user's data (including personal data) shall be deleted.
   
   
4. d&b shall reserve the right to temporarily block or terminate with immediate effect the user's SustainSymphony account or access by the user to all or part of the service if (i) the user infringes an important contractual obligation in this Agreement, (ii) d&b is forced to take such action in order to comply with legislation, court orders or other official decrees, or (iii) there are specific and actual grounds for assuming that the competitiveness or the reputation of d&b is being damaged by the user's behaviour or through discriminatory or racist comments made by the user.
   
   
5. On termination of this Agreement, the user's right to utilise the service shall end with immediate effect. The user shall also be obliged to immediately delete or, at the request of d&b, return all copies of the documentation, passwords or access codes, as well as all other confidential information of d&b which is in the possession, in the care or under the control of the user.
   
   

7. Data Protection

The data protection regulations relating to the service shall apply: Privacy Policy

8. Transfer of the Agreement to Third Parties

d&b shall be entitled to transfer in whole or in part all rights and obligations from the Agreement with the user to third parties. Transfer of the Agreement shall be notified expressly to the user without observation of the written form, but at the latest one month before the transfer date. If the user does not object to the transfer of the Agreement in writing or in text form within one additional month after receipt of notification, this shall be regarded as approval.

9. Final Provisions and Amendments

1. If legally permissible, the user and d&b shall agree that the sole place of jurisdiction for all disputes arising from and in connection with these Terms of Use shall be the courts in Stuttgart. However, d&b shall be entitled to take legal action at any other responsible court.
   
   
2. These Terms of Use shall be subject solely to German law to the exclusion of the United Nations Convention on the International Sale of Goods (CISG) dated 11 April 1980.
   
   
3. If one of the provisions of these Terms of Use is or becomes wholly or partially void, invalid or unenforceable, or if the Terms of Use include a loophole, the validity and enforceability of all other provisions of these Terms of Use shall not be affected. The contracting parties shall replace the void, invalid or unenforceable provisions, or close the loophole by agreeing a legally permissible provision which comes as close as possible to the intention of the contracting parties or what they would have agreed according to the meaning and purpose of these Terms of Use if they had recognised the invalid provisions or the loophole. If the invalidity of a provision is based on a measurement of performance or time (period or date) defined therein, the contracting parties shall agree on a provision with a legally permissible measurement of performance coming as close as possible to the original measurement of performance. This saving clause shall not result in any reversal of the burden of proof, § 139 of the German Civil Code (BGB) shall be waived entirely.
   
   

SustainSymphony data privacy protection policy

The protection and security of personal data is an important concern of d&b. Therefore, d&b conducts its activities in accordance with the applicable laws for the protection of personal data and data security. This privacy policy informs you what information d&b collects, how d&b uses and safeguards it, and to whom d&b may share it.

With this information on data protection we would therefore like to inform you when we store which data and for what purpose we use it - naturally in compliance with the applicable data protection regulations.

Should you have any further questions regarding the handling of your personal data, please do not hesitate to contact our data protection officer, whose contact details you will find below.

The constant technological development, changes in our services or the legal situation as well as other reasons may require adjustments to our data protection information. We therefore reserve the right to change this data protection declaration at any time and ask you to inform yourself regularly about the current status.

Basic information

Unless otherwise stated in the following sections, no personal data is collected, processed or used when using the SustainSymphony Portal.

Definition of personal data

The term personal data is defined in the German Federal Data Protection Act. According to this, these are individual details about personal or factual circumstances of a specific or identifiable natural person. This includes, for example, your real name, your address, your telephone number or your date of birth.

In the basic EU data protection regulation (DSGVO), personal data are defined as follows:

All information relating to an identified or identifiable natural person (hereinafter "data subject"); an identifiable natural person is one who can be identified directly or indirectly, in particular by reference to an identifier such as a name, an identification number, location data, an online identifier or to one or more factors specific to the physical, physiological, genetic, mental, economic, cultural or social identity of that natural person.

Legal basis for the collection of personal data

Insofar as we obtain your consent for the processing of personal data, Art. 6 para. 1 lit. a GDPR serves as the legal basis for the processing of your personal data.

When processing your personal data to fulfil a contract between you and d&b solutions, Art. 6 Para. 1 lit. b GDPR serves as the legal basis. This also applies to processing operations that are necessary to carry out pre-contractual measures.

Insofar as the processing of personal data is required to fulfil a legal obligation to which our company is subject, Art. 6 para. 1 lit. c GDPR serves as the legal basis.

If processing is necessary to safeguard a legitimate interest of our company or a third party and if the interests, fundamental rights and freedoms of the data subject do not outweigh the first-mentioned interest, Art. 6 para. 1 lit. f GDPR serves as the legal basis for processing.

Data erasure and storage time

The personal data of the person concerned will be deleted or blocked as soon as the purpose of storage ceases to apply. Furthermore, data may be stored if this has been provided for by the European or national legislator in EU regulations, laws or other provisions to which the person responsible is subject. The data will also be blocked or deleted if a storage period prescribed by the aforementioned standards expires, unless there is a need for further storage of the data for the conclusion or fulfilment of a contract.

Collection and processing of personal data

Personal data is only collected if you provide it voluntarily, for example to carry out an order, a survey, a competition or a registration for personalised services. There you will be informed about the intended purpose of processing and, if necessary, asked for your consent to storage.

The personal data collected within the framework of the SustainSymphony Portal will only be used without your consent for order processing or processing your enquiries and, if necessary, passed on to the responsible company. Only with your consent will your data be used in a centrally managed customer and prospective customer database managed under the responsibility of d&b solutions, and your data will be merged at d&b solutions. The use of this data is restricted to purposes of advertising and market and opinion research. You can revoke your consent at any time with effect for the future.

Your data is encrypted before transmission and processing in order to protect it from access by unauthorised persons. Please note that unencrypted e-mails are not transmitted with access protection.

Your data will not be sold, rented or made available to third parties in any other way than described here. Personal data will only be transferred to state institutions and authorities within the framework of mandatory national legislation. Our employees, agencies and dealers are bound by us to the strictest confidentiality.

Registration for SustainSymphony

To register for the SustainSymphony service, it is necessary to create a user account. When the user account is created, the following personal data is collected and processed:

• e-mail address
• name of user
• authentication data (password)
• business information

The data is collected and processed on our behalf by

akaryon GmbH
Laurenzgasse 12, A-1050 Vienna, Austria

The purpose is creation of an user account for the SustainSymphony service. The legal basis for this is Art. 6 (1b) GDPR or alternatively Art. 6 (1a). If the user gives consent, the email address will be used for advertising. The legal basis in this case is Art. 6 (1a) GDPR. Processing of personal data outside the European Union does not take place.

Use of SustainSymphony Portal

When using the SystemSymphony Portal, following personal data is collected and processed:

• e-mail address
• name of user
• authentication data (password)
• business information
• IP address
• company stakeholder names and functions (if applicable)

The data is collected and processed on our behalf by

akaryon GmbH
Laurenzgasse 12, A-1050 Vienna, Austria

The purpose is usage of the SustainSymphony services, in particular the creation of a Carbon Footprint report. The legal basis for the usage is Art. 6 (1b) GDPR or alternatively Art. 6 (1f) GDPR. If the user gives consent, the email address will be used for advertising. The legal basis in this case is Art. 6 (1a) GDPR. Processing of personal data outside the European Union does not take place.

Integration of OpenStreetMaps

We use the open source map service "OpenStreetMaps" ("OSM") to provide geodata. The provider is the OpenStreetMap Foundation. OSM is used to make it easier to find locations that you record in the course of creating your carbon footprint in the SustainSymphony Portal. To use OSM, it is necessary to save the IP address of your device and the map material is loaded from an external server.

The use of OSM is in the interest of simplifying the use of the SustainSymphony portal and making it easier to find the locations you have specified in the portal; this constitutes a legitimate interest within the meaning of Art. 6 para. 1 lit. f GDPR (legitimate interest in data processing).

Address and link to the privacy policy of the third-party provider:

OpenStreetMap Foundation CLG, 132 Maney Hill Road, Sutton Coldfield, West Midlands, B72 1JU, United Kingdom

Information on the handling of personal data can be found in OSM's privacy policy at https://wiki.osmfoundation.org/wiki/Privacy_Policy

Data transmission to other d&b companies

We will not transfer your data to third parties outside the d&b Group, unless we are legally obliged to do so, or the transfer of data is necessary for the performance of the contractual relationship, or you have given your express prior consent to the transfer of your data. External service providers and partner companies only receive your data if this is necessary to process their request. In these cases, however, the scope of the transmitted data is limited to the required minimum. As far as our service providers come into contact with your personal data, we ensure that they comply with the regulations of the data protection laws in the same way. Please also note the respective data protection information of the providers. The respective service provider is responsible for the contents of external services, whereby we check the services within the scope of reasonability for compliance with legal requirements.

Data transmission to external service providers (processors)

Your data will be passed on to service partners if they work on our behalf and support d&b solutions in the provision of their services.

Processing of your personal data by contracted service providers takes place within the scope of order processing in accordance with Art. 28 GDPR.

The aforementioned service providers only have access to such personal information as is necessary for the performance of their respective activities. These service providers are prohibited from disclosing your personal information or using it for other purposes, in particular for their own advertising purposes.

Where external service providers come into contact with your personal data, we have taken legal, technical and organisational measures and carried out regular checks to ensure that they also comply with the applicable data protection regulations.

Your personal data will not be passed on commercially to other companies.

Data security

d&b solutions uses technical and organizational security measures to protect your data managed by us against accidental or intentional manipulation, loss, destruction or access by unauthorized persons. Our security measures are continuously improved in line with technological developments.

Rights of the data subjects

If your personal data are processed, you are affected within the meaning of the GDPR and you have the following rights against the controller:

• Right to information according to article 15 GDPR
  You can ask us to confirm whether personal data concerning you will be processed by us. Once we have processed your data, you have further rights to information as set out in Article 15 of the GDPR.


• Right to correction
  If the information we have collected from you is incorrect or incomplete, you may immediately request us to correct it in accordance with Article 16 of the GDPR.


• Right to limitation of processing
  Under the conditions of Article 18 of the GDPR, you may also request that the processing of personal data concerning you be restricted. After the restriction, your data may only be processed with your consent or for the purpose of asserting, exercising or defending rights, or for the protection of the rights of another natural or legal person, or on grounds of an important public interest of the Union or a Member State. We will inform you before the restriction is lifted.


• Right to erasure
  If one of the reasons in Article 17 para. 1 GDPR applies, you can request us to delete your personal data immediately, unless there is an exception to the deletion obligation in accordance with Article 17 para. 3 GDPR.


• Right to information
  If you have exercised your right to correct, delete or restrict processing against us, we are obliged under Article 19 GDPR to inform all recipients of your personal data of this, unless the notification is impossible or involves disproportionate effort. They also have the right to be informed of the recipients. The person responsible shall have the right to be informed of such recipients.


• Right to data portability
  In addition, according to Article 20 GDPR, you have the right to receive personal data concerning you from us in machine-readable format and to transmit the data to another person responsible without obstruction, provided that the requirements of Article 20 para. 1 lit. a GDPR are met, or to obtain that your personal data are transmitted directly by us to another person responsible, provided that this is technically feasible and no freedoms and rights of other persons are impaired thereby. This right shall not apply to the processing of personal data necessary for the performance of a task in the public interest or for the exercise of official authority.


• Right of objection
  You have the right to object at any time to d&b solutions GmbH & Co. KG processing your personal data in accordance with Art. 6 para. 1 lit. f GDPR. As soon as you have filed an objection, we will no longer process your personal data, unless there are legitimate reasons for the processing outweigh your interests, rights and freedoms, or the processing serves to assert, exercise or defend legal claims.


• Right to revoke the data protection declaration of consent
  You have the right to revoke your data protection declaration of consent with declaration to d&b solutions GmbH & Co. KG at any time. The revocation of consent shall not affect the legality of the processing carried out on the basis of the consent until revocation.


• Right of appeal to the supervisory authority
  They shall at all times, without prejudice to any other administrative or judicial remedy, have the right of appeal to a supervisory authority, in particular in the Member State of your place of residence, of work or of the place of suspected infringement, if you consider that the processing of personal data concerning them is contrary to this Regulation.

Changes to this Privacy Policy

This privacy policy is constantly being adapted in the course of the further development of the Internet or our offer. Changes will be announced on this page in due time. In order to keep up to date with the current status of our data usage regulations, this page should be accessed regularly.

Data protection officer

c/o d&b solutions GmbH & Co. KG
Eugen-Adolff-Straße 134
71522 Backnang
E-Mail: datenschutz@dbaudio.com

Contact details of the Controller

d&b solutions GmbH & Co. KG
Eugen-Adolff-Straße 134
71522 Backnang
Tel: +49-7191-9669-0
Fax: +49-7191-95 00 00
E-mail: info@dbaudio.com

Represented by its sole General Partner

d&b solutions Management GmbH
Eugen-Adolff-Straße 134
71522 Backnang
Tel: +49-7191-9669-0
Fax: +49-7191-95 00 00
E-mail: info@dbaudio.com


Which is represented by its Managing Directors:
Harman, Amnon (CEO)
Nilsson, Jens
Aldinger, Michael

As of April 2024