Terms & Conditions for responding cities:

Cities 2022 Questionnaire

1. DEFINITIONS

CDP means CDP Worldwide, a charitable company registered with the Charity Commission of England and Wales (registered charity no. 1122330 and a company number 05013650). References to “we”, “our” and “us” in these terms are references to CDP.

CDP-ICLEI Track means the platform that collects climate data from cities via the Questionnaire.

C40 City means a city that is a member or affiliate city of the C40 Cities Climate Leadership Group administered by C40 Cities Climate Leadership Group, Inc. (“C40”) and is identified as such on CDP’s online dashboard.

Cities Race to Resilience means an initiative to accelerate adaptation action in cities, contributing to the resilience of 4 billion people from vulnerable groups and communities to climate risks.

Cities Race to Zero means an initiative to mobilize cities to commit to setting science-based targets and start implementing climate action.

Deadline means 27 July 2022 (unless otherwise stated by CDP).

GCoM City means a city committed to the Global Covenant of Mayors for Climate & Energy (“GCoM”) and is identified as such on CDP’s online dashboard.

ICLEI means ICLEI – Local Governments for Sustainability e.V, World Secretariat.

European Climate Pact means an initiative of the European Commission to build a greener Europe through concrete climate and environmental actions.

Personal Data means data which relates to an individual who can be uniquely identified from the data, such as your city leader’s name and title.

Questionnaire means the Cities 2022 Questionnaire. This comprises questions common to all cities and additional questions under our partner initiatives including with C40, GCoM, and ICLEI.

Responding City means the city responding to the Questionnaire. References to “you” and “your” in these terms are references to the Responding City.

2. PARTIES

The parties to these terms shall be CDP and the Responding City.

3. THESE TERMS

These are the terms that apply when you submit a response to our Questionnaire. If you do not agree to these terms, please contact us at [email protected] to discuss them with us.

4. RESPONDING TO THE QUESTIONNAIRE

General. When responding to the Questionnaire, you will be given a choice as to whether your response can be made public or whether your response is non-public, unless your city decides to participate in the GCoM initiative and/or European Climate Pact and/or Cities Race to Zero and/or Race to Resilience in which case you can only respond publicly.

We strongly encourage you to make your response public. When responding to the Questionnaire, you are responsible for checking that the data you submit through any third party (e.g. Google Environmental Insights Explorer, GCoM’s and WRI’s Data Portal for Cities or C40’s City Inventory Reporting and Information System (CIRIS)) is complete and correct.

Deadline for responding. You must submit your response to us using our online response system by the Deadline to ensure it is eligible for CDP scoring and inclusion in reports.

Public responses. If you agree that your response can be made public, we may use it in furtherance of our charitable mission, including by:

(a) making it available as soon as it is received by CDP to our partners (including C40, GCoM, ICLEI, and the European Climate Pact), appointed report writers and any other parties we deem appropriate;

(b) making it publicly available, for example through our Open Data Portal (https://data.cdp.net/) and stored and preserved on our servers indefinitely thereafter;

(c) compiling it in CDP databases and making it available in original, modified or adapted form for use by commercial (for a fee or otherwise) and non-commercial organizations;

(d) amalgamating it with information about the Responding City from other public sources; and

(e) using in any other way that accords with our charitable mission.

Non-public responses. If your response is non-public, we may use the data you submit only as follows:

(a) for all cities, make it available as soon as it is received by CDP to our group companies and to companies we license to operate using the CDP name and brand (for example, CDP North America, Inc. and CDP Europe AISBL), our country partners, research partners, data management partners, report writers and scoring partners (each from time to time):

(i) to score your response; and
(ii) for any other use within their organizations but not for publication unless any data from your response has been anonymized or aggregated in such manner that it has the effect of being anonymized. CDP and its agents will make all reasonable efforts to safeguard the confidentiality of the data in your response;

(b) for all cities, we may make it available as soon as it is received by CDP to ICLEI for any use within their organization and who will be entitled to make it available to its report writers but who will not publish or otherwise make available any data from your response unless it has been anonymized or aggregated in such manner that is has the effect of being anonymized. ICLEI and its report writers are required to make all reasonable efforts to safeguard the confidentiality of the data in your response; and

(c) for C40 Cities, make it available as soon as it is received by CDP to C40 for any use within their organization and who may make it available to its report writers, but shall not publish or otherwise make available any data from your response unless it has been anonymized or aggregated in such manner that is has the effect of being anonymized. C40 and its report writers shall make all reasonable efforts to safeguard the confidentiality of the data in your response.

Amending your response. You may amend a response you have submitted at any time before 7 December 2022, but please note that any changes you make to your response after the Deadline may not be reflected in any CDP score or any publication.

Scoring of responses. If you submit your response to the Questionnaire using CDP-ICLEI Track we may score your response.

Publication and use of scores. If your response is scored and you receive an A grade, we may make your score public and publish it. If you do not receive an A grade, we will only disclose your score to you and to our group companies, companies we license to operate using the CDP name and brand (for example, CDP North America, Inc. and CDP Europe AISBL), our reporting partners (including ICLEI, C40 and GCoM), research partners, report writers and scoring partners, in each case for use only within their organizations and not for publication.

Future Questionnaires. Your submission of your response for the current year also constitutes your request to us to invite you and to remind you to respond in future years but you acknowledge that any future responses will be made upon the then-current version of these terms which you will need to accept at that time.

5. RIGHTS IN THE RESPONSES

Ownership. All intellectual property rights in your response will be owned by you or your licensors.

License. You grant to us, or shall procure for us, a perpetual, irrevocable, non-exclusive, assignable, sub-licensable, royalty-free and global license to use your response and any intellectual property rights including copyright and data base rights in your response for the uses set out in these terms (including creating scores).

6. IMPORTANT REPRESENTATIONS

You confirm that:

(a) the person submitting the response to us is authorized by you to submit the response;

(b) you have obtained all necessary consents and permissions to submit the response to us; and

(i) does not infringe the rights of any third party (including privacy, publicity or intellectual property rights);
(ii) does not defame any third party; and
(iii) does not include any Personal Data.

7. LIABILITY

We do not exclude or limit in any way our 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 liable for financial losses. Subject to these terms, CDP has no liability to you in any circumstances for any loss of revenue, loss of profit, loss of business, business interruption, loss of business opportunity, loss of goodwill, loss of reputation, loss of, damage to or corruption of data or software.

We are not liable for consequential losses. Subject to these terms, CDP has no liability to you in any circumstances for any indirect or consequential loss or damage of any nature whatsoever.

Exclusion of liability. Subject to these terms, CDP has no liability to you in any circumstances arising from the content or submission of your response to us, our use of your response, our publication of your A grade score and/or the use of or any reliance placed upon your response or your A grade score by you or by any third parties.

Limitation of liability. Subject to these terms, CDP’s total liability to you in all circumstances shall be limited to £625.

8. DATA PROTECTION

Each party acknowledges that during the course of their relationship CDP may process personal data including personal data which may be provided to it by or on behalf of the Responding City including the personal data of its registered users of the CDP dashboard and other contacts. CDP will only process such personal data for purposes related to its relationship with the Responding City including inviting and assisting the Responding City to complete the reporting process. The Responding City shall ensure that any relevant data subjects receive a fair processing notice which includes the above information and includes a reference to CDP’s privacy notice available at www.cdp.net/en/privacy-policy and shall otherwise ensure that CDP is able to process all personal data provided to it by or on behalf of the Responding City for the above purposes in compliance with applicable data protection legislation including the Data Protection Act 2018 as amended by the Data Protection, Privacy and Electronic Communications (Amendments etc.) (EU Exit) Regulations 2019 which merge the previous requirements of that Act with the requirements of the General Data Protection Regulation ((EU) 2016/679) (“UK GDPR”).

9. GENERAL

We may transfer our rights to someone else. We may transfer our rights and obligations under these terms to another organization.

Nobody else has any rights under these terms. These terms are between you and us. No other person shall have any rights to enforce any of its terms. Entire agreement. These terms constitute the entire agreement between you and us.

Variation. CDP reserves the right to change these terms at any time. Such changes shall be effective immediately or at such other time as CDP elects. In the event of any materially adverse changes, you may request to withdraw your response within 30 days of us notifying you of the change.

If a court finds part of these terms illegal, the rest will continue in force. Each of the paragraphs of these terms operates separately. If any court or relevant authority decides that any of them are unlawful, the remaining paragraphs will remain in full force and effect.

Governing law and jurisdiction. These terms are governed by English law and you and us both submit to the exclusive jurisdiction of the English courts to resolve any dispute or claim arising out of or in connection with these terms or their subject matter or formation.

Language. If these terms are translated into any language other than English, the English language version will prevail.

2022 Cities Reporting Guidance