Update December 2019
The purpose of these general terms and conditions of use (hereinafter the “GTC”) is to set out the rules governing the use of the “FARMI” mobile app (hereinafter the “App”) published by SOUFFLET AGRICULTURE.
The FARMI App offers different categories of Services that depend on the country where the Services are ordered. To know the Services available in the User’s country, the User is invited to set his compatible telephone or his mobile device to the language of the relevant country or refer to the GTC of said country.
Clause 1: Definitions
Capitalized terms beginning used in these GTC, regardless of whether they are used in the singular or plural, shall have the following meaning:
“App” means the mobile app named “FARMI” published and distributed by SOUFFLET AGRICULTURE which grants access to the Services and is available for download free of charge from the “Apple Store” operated by Apple and the “Google Play Store” operated by Google by the User to a device which runs on an Apple iOS or Android operating system.
“GTC” means these General Terms and Conditions of Use applicable to the App.
“Services” means the various features and services offered by the App.
Three types of Services are offered by the App:
- “Open Services” that are constituted by the features open to all Users of the App, whether or not they are Customers;
- “Restricted Services” that are constituted by the features accessible for Customers and their Agents;
- “Merchandise Purchase Service” that is constituted by features allowing Customers and Agents to consult offers for the purchase of merchandise proposed by SOUFFLET AGRICULTURE and only Customers (excluding agents) to contract with the latter on the basis of the offer that it decides, with complete autonomy and under its entire liability, to select.
“SOUFFLET AGRICULTURE” means SOUFFLET AGRICULTURE, a French société par actions simplifiée with a share capital of EUR 3,126,000, having its registered office at Quai du Général Sarrail, NOGENT SUR SEINE (10400), registered under No. 706 980 182 with the TROYES RCS.
“User” means any individual, whether or not a Customer or Agent, having access to the App and Services, adult or underage, having first obtained, in the latter case, the authorization from his parents or legal guardian.
Furthermore, for present purposes, the terms “Personal Data”, “Processing”, “Controller”, “Processor” have the definition ascribed to these terms in Article 4 of European Regulation 2016/679 dated 27 April 2016 (hereinafter « GDPR »).
Clause 2: Acceptance of the GTC
Access to and use of the App, the Content and the Services shall be subject to acceptance of these GTC without reservation by the User. By using the App, the User accepts unconditionally and without reservation the entirety of the GTC set out hereinafter. These GTC accordingly constitute a contract between the User and SOUFFLET AGRICULTURE. Should the User not accept the GTC, he undertakes not to use or access the App’s Services and to uninstall the App.
REMINDER: Use of the App implies acceptance of these GTC. The Customer agrees to use the App only according to these terms and conditions.
Clause 3: Purpose of the App
The purpose of the App is to provide the following Services to the User:
- an agro-meteorological information service;
- market prices for agricultural goods;
- agricultural news;
- For Soufflet customers, access to account information/invoices, orders of supplies, collection monitoring, consultation and acceptance of purchase offers made by Soufflet Agriculture under the conditions and within the limits defined in Article 8 hereof;
- information on Soufflet silos.
This list is non-exhaustive and may be amended at any time by SOUFFLET AGRICULTURE without incurring its liability or that of the Soufflet Group to which it belongs for any reason by anyone whatsoever.
Clause 4: Financial terms
The App is offered to Users free of charge, excluding costs of acquisition of the mobile devices or telephones necessary from suppliers of this type of equipment, subscription with the mobile telephone operator, excluding the costs associated with internet connection and access and any additional costs invoiced in respect of data downloads. The acquisition of the appropriate equipment and use of a provider fall under the sole choice, exclusive liability and are exclusively borne by the User.
Clause 5: Access to the App
In order to access and use the App, the User
Clause 6: Creating an Account
Access to the Open Services available on the App shall be available to any User. However, access to certain Services such as “Live price quotations”, “Connected weather stations”, “Selected news”, or certain Services available in “My space” require that the User create an account or use a pre-existing account.
Access to the “Merchandise Offer” Service is only available to Customers using an account to which their farm business is attached. The creation of a farm business (or any modification relating thereto) in the Soufflet Group’s systems is governed by a commercial process, independent from use of the App. Any Customer wishing to create its farm business or modify the elements thereof in the Soufflet Group’s systems must first contact SOUFFLET AGRICULTURE’s commercial services.
An account may only be created in the name of a legal person by an adult person with legal capacity who has the authority required to contract on behalf of and contractually bind such legal person in accordance with Articles 1145 and 1153 and following of the French Civil Code.
The User must, in order to create an account, submit the necessary personal information (including a surname, first name, e-mail address…) and expressly accept these GTC via the digital click procedure by clicking on the button “I agree”. When creating an account, a User who is an existing SOUFFLET AGRICULTURE Customer may request that his farm be attached to such account. An Agent of the Customer may also request that the farm business be attached to him by way of a delegation, subject to the Customer’s prior agreement, given in the context of an e-mail sent to it for such purpose by SOUFFLET AGRICULTURE. Once such consent is given by the SOUFFLET AGRICULTURE Customer, the latter acknowledges that it is fully aware that the Agent in question has the same rights and options as the Customer itself with regard to such farm (notably regarding the consultation of information relating to the account) except from the possibility to contract in the name and on behalf of the Customer in the context of the Merchandize Offer Service that it is only open to the Customer itself in accordance with Clause 8 of these GTC and releases SOUFFLET AGRICULTURE from any liability in respect of such delegation and its consequences.
The Customer may at any time request to deactivate the consultation of its account via the App using this feature accessible in the “My space” area.
REMINDER: The Customer is the only person able to decide whether or not to grant the delegation to access its account to one of its Agents. In this respect, it bears alone full liability of this delegation and its consequences, if any.
Clause 7: Geolocation
Use of the geolocation feature in the App requires that the User expressly consent to being GPS-located. To this end, the User must activate, should he wish to do so, the geolocation function directly in the settings of his mobile device and consent to the App using such geolocation function. This feature may be activated or deactivated at any time and at no cost by the User himself. It should be noted that the geolocation data is not recorded or stored in SOUFFLET AGRICULTURE’s IT systems: it disappears as soon as the User exits the App.
After acceptance of the GPS-based geolocation function in the mobile telephone, the User may access weather forecasts and a list of the nearest silos, determining his position on radar maps displaying rainfall and silos.
Clause 8: Merchandise Purchase Offer
The App allows SOUFFLET AGRICULTURE’s existing Customers to consult the merchandise purchase offers (including notably their general terms and conditions) to which the latter can decide to subscribe depending on criteria that they determine alone and elements inherent in the Customer’s business that the latter alone is able to control (merchandise produced, early or owned production, desired price and risk …). This Merchandise Purchase Offer is only available to Customers connecting to the App using their account to which they have attached their farm business.
The Customer is reminded that, acting as a professional of the crops concerned by the merchandise purchase offer it has selected, it is up to it to examine all the conditions applicable to this offer before any final contractual commitment without reservation to the conditions of the offer accepted and acknowledgment in this respect that it
- has received from SOUFFLET AGRICULTURE all the information necessary to make its choice with full knowledge of the facts,
- has reviewed the technical specifications and operating procedures prior to accepting the offer; and
- has verified the perfect adequacy of the offer accepted with its needs and the level of risk it agrees to take.
As from the acceptance of the offer by the Customer, SOUFFLET AGRICULTURE shall acknowledge receipt, without undue delay, of the conditions defined in Article 1127-2 of the French Civil Code, this acknowledgment of receipt constituting sole evidence in case of a dispute, which the Parties expressly acknowledge. SOUFFLET AGRICULTURE makes available to the Customer in the Customer account’s secure personal space all the contractual documents signed electronically with guaranteed integrity.
By derogation from Articles 1359 and following of the French Civil Code, the Parties agree that the electronic records kept by SOUFFLET AGRICULTURE constitute proof of the Parties’ contractual obligations. The Customer may produce evidence to the contrary.
Clause 9: Intellectual Property in the App
SOUFFLET AGRICULTURE is the sole owner of all the intellectual property rights associated with the App and its Content, subject to the rights of the companies having granted licences to SOUFFLET AGRICULTURE, including Interactive Data (www.interactivedata.com).
None of the provisions of these GTC may be construed as an assignment, transfer, sale, concession, licence, loan, lease or commercial exploitation authorisation granted directly or indirectly by SOUFFLET AGRICULTURE to the User in connection with the App and/or the Services.
Clause 10. Undertakings of the User
The User undertakes expressly:
- not to reproduce either permanently or temporarily all or part the App by any means or in any form;
- not to use any software or implement any processes seeking to copy the Content without SOUFFLET AGRICULTURE’s prior written consent;
- not to adapt, modify, translate, transcribe, arrange, compile, decompile, assemble, disassemble, transcode or reverse-engineer all or part of the App, Services and/or Content;
- not to export the App or merge all or part of the App with other computer programmes;
- not to produce short quotations, analyses or reproductions intended for press reviews or any other uses expressly authorised by the law subject to the restrictions and conditions of the law and subject in particular to the obligation to cite the name of the relevant authors and the editorial source;
- to waive expressly any right to use software or systems capable of disrupting the proper operation of the App and not to take any action capable of imposing a disproportionate burden on SOUFFLET AGRICULTURE’s infrastructure;
- not to extract or reuse, including for private purposes, without SOUFFLET AGRICULTURE’s prior written consent, any substantial or non-substantial portion of the content of the databases and archives constituted by the App;
- not to put in place systems capable of hacking all or part of the App and/or Content, or likely to breach these GTC;
- to inform SOUFFLET AGRICULTURE of any hack and in particular any unlawful or non-contractual use of the App and/or Content, irrespective of the method of transmission; and
- not to sell, lease, sub-license or distribute the App and/or Content to third parties in any manner whatsoever.
Clause 11. Personal data protection
As part of use of the App,
Clause 12. Availability of the App
Clause 13. Hyperlinks
The App may contain hyperlinks to third-party websites not subject to these GTC.
SOUFFLET AGRICULTURE has no control over the content offered by any such third-party websites to which links may be provided. Such websites are operated by companies unrelated to SOUFFLET AGRICULTURE. SOUFFLET AGRICULTURE shall not in any circumstances be liable for the content, advertisements, products, services or any other information or data accessible on or from such websites. Accordingly, the User acknowledges that he shall be solely responsible for consulting and using such websites. SOUFFLET AGRICULTURE (and more generally the Soufflet Group) may not be held liable for any proven or alleged damage or loss resulting from or in connection with any use of or reliance on the content, goods or services offered by such websites.
Clause 14. Warranties and liability
The information provided through the App shall be provided strictly and exclusively for information purposes and on an indicative basis except for the merchandise purchase offers by which it remains bound as long as they are accessible on its own initiative electronically pursuant to Article 1127-1 of the French Civil Code. SOUFFLET AGRICULTURE shall use its best endeavours to ensure that the App and the Services are up-to-date and to provide reliable, lawful and up-to-date information.
SOUFFLET AGRICULTURE does not however give any warranty in relation to the integrity, accuracy, completeness, up-to-datedness or any other characteristic of any information provided through the App.
The User shall be solely responsible for the proper and discerning use of the Services made available on the App. SOUFFLET AGRICULTURE may not be held liable for any direct and indirect, material or immaterial, consequences of any consultation, use and/or interpretation by the User of any information and/or advice appearing in the App.
Clause 15. Amendments to the GTC
Clause 16. Contact details
Clause 17. Governing law
PERSONAL DATA PROTECTION POLICY
FARMI MOBILE APP
Updated: January 2019
For present purposes, the terms "Personal Data", "Processing", "Controller", "Processor" have the definition these terms are assigned in Article 4 of the GDPR.
Other capitalized terms used herein, whether used in the singular or plural, shall have the meaning ascribed to them in Article 1 of the GTC.
“App”: means the mobile app named “FARMI” published and distributed by SOUFFLET AGRICULTURE which grants access to the Services and is available for download free of charge from the “Apple Store” operated by Apple and the “Google Play Store” operated by Google by the User to a device which runs on an Apple iOS or Android operating system.
"Controller": means Soufflet Agriculture, a French société par actions simplifiée, having its registered office at NOGENT SUR SEINE (10400) Quai du Général Sarrail, registered under No. 706 980 182 with the TROYES RCS.
For all practical purposes, it is stated that the Controller is part of the Soufflet Group.
- Collection of Personal Data
The Controller shall only collect and process Personal Data that is strictly necessary for the purpose for which it is processed.
The purpose of the Personal Data collected from Users creating or having an account or Customers is to make the Services available, improve and maintain the Services, depending on the relevant Service, in a secure environment and notably provide access to the Services, use of their features, verification, identification, authentication of the Personal Data transmitted, the customization of the Services through the display of advertisements according to the User or Customer’s browsing history and preferences, as the case may be, the management of any disputes and the sending of commercial information according to the User’s preferences.
In addition, the collection of Personal Data within the App assumes a contractual nature but does not under any circumstances condition the conclusion of any contract with the Controller, other than adherence to the App's GTC and use of the Merchandise Offer Service.
Failure to provide the Personal Data required for account creation or use shall result in restricted use of the App, limited to the features open to a connection without an account (see below).
The following Personal Data is collected to allow access to and use of the App:
- Connection without account creation or without use of pre-existing account
When the User connects without creating an account or using a pre-existing account, the App records his connection data and identifies his location data if the User has activated this function. The location data is not recorded or stored in the Controller’s IT systems: it disappears when the User exits the App.
Connection without account creation allows the following to be viewed:
- Agricultural meteorological forecasts (treatment advice);
- Rainfall radars;
- Real-time quotations on agricultural raw materials markets (Euronext, Chicago, etc.);
- News related to agriculture, crop-raising and markets;
- Connection with account creation or use of pre-existing account
If the User wants to create an account or uses a pre-existing account, the App collects, in addition to the data collected without account creation (connection data and location data if the User has activated this function), the User's surname, first name, email address and mobile and/or fixed-line telephone number.
Connection with account creation allows the following to be viewed, in addition to the services accessible without account creation:
- Advice from the Controller in relation to agriculture with the possibility of viewing product catalogues from the Soufflet Group, if applicable.
- Agricultural meteorological forecasts (connected weather stations).
In addition, in order to benefit fully from the App’s features, the Customer may also add, if he so wishes, the customer number assigned to it by the Soufflet Group (hereinafter the "Soufflet Customer Number") as well as its farm’s postal code.
In this case, the customer can:
Access the Restricted Services:
- Delivery contracts concluded with the Controller (tender wheat, rape, maize, spring barley, etc.) in the context of the annual collection;
- Supply contracts concluded with the Controller (fertiliser, plant protection products, seeds, fuel, etc.);
- Balances and history of deliveries and supplies;
- The quality characteristics of the products delivered to the Controller.
Access the Merchandise Purchase Service:
Monitor and accept the conditions and limits defined in Article 8 of the GTC and in accordance with SOUFFLET AGRICULTURE’s general terms and conditions of purchase.
- The purchase offers made by SOUFFLET AGRICULTURE.
Note that filling in the fields marked with an asterisk is mandatory in order to create an account or use the App. If these fields are not filled in, the account creation or use of certain Services cannot be authorized. Filling in the other fields is optional.
The principal purpose for the Processing of the Personal Data collected from Users is to provide App Services consisting of a decision-making aid tool for agricultural matters. More precisely, the subsidiary purposes for the Processing of the Personal Data of the Users are, in particular, the following:
- Provision of information about agricultural meteorological forecasts:
- Provision of information about quotations on agricultural raw materials markets;
- Provision of news about general agriculture and agricultural products;
- Provision of real-time information on the silos of the Controller (opening hours, details, contacts, etc.)
- For Users having filled in their Soufflet Customer Number, monitoring of orders, balances of collection, contracts and delivery slips
- Implementation of "product advice" for Users (agricultural products)
- Customisation of Services by displaying, if applicable, information based on the User's browsing history and his Soufflet Customer Number, whether it has been entered into the App or not
- Sending of commercial information according to the User's preferences.
- Merchandise purchase offer made by the Controller to Customers when available to such Customers.
Similarly, and if no objection is made, Users can receive newsletters, information content on different professional and agricultural subjects, press releases, invitations to events by the Controller, market research questionnaires, all within an exclusively and strictly professional context.
- Legal basis of the Processing
The Processing of Personal Data is based on:
- The performance of a contract or pre-contractual measures taken at a Customer’s request: this is Processing whose purpose is the monitoring of deliveries, orders and invoicing.
- The legitimate interest of the Controller and more particularly its economic interest: this is Processing linked to the provision of information about meteorological forecasts, quotations for agricultural raw materials and agriculture-related news, it being understood that this information forms part of the Controller's commercial prospecting activities. This Processing contributes to the promotion and improvement of the services of the Controller and benefits both the Users of the App and the Controller, without infringing the Users’ fundamental rights and freedoms.
- Compliance with legal obligations by the Controller: this is Processing linked to monitoring of the invoicing and accounting of the Controller.
- Retention of the Personal Data Collected
The Users’ Personal Data is kept, in an active database, for three (3) years from the date of the User's last activity in the App. After this period, the User’s profile is considered "inactive" and will be deactivated automatically. It will therefore be the User's responsibility to create a new one to access any new connection.
On the other hand, the audience measurement statistics and the App's raw visit Data are not retained for more than thirteen (13) months.
However, at the end of the periods previously mentioned, including insofar as necessary from a request for deletion by a User, his Personal Data may be subject to intermediate Archiving to meet the legal, accounting and fiscal obligations of the Controller (such as the obligation to keep invoices for ten (10) years imposed by Article L.123-22 of the
French Commercial Code) and/or at least during the applicable statute of limitations (such as the ordinary statute of limitations of five (5) years provided for by Article 2224 of the French Civil Code), but also in order to prevent any unlawful behaviour after deletion of the User account (re-use of an old User account by a third party, for example) or in order to meet the requests of Users after the closure of accounts, etc.
In case of litigation proceedings, including those that concern only the Controller and/or the Soufflet Group, for example with regard to the administration, the aforementioned Personal Data, as well as any information, documents or papers containing Personal Data which may establish facts likely to be the subject of complaint or dealing with the identification of the persons involved, victims, witnesses and legal officials (surname, legal name, first names, address, telephone numbers, email address) may be kept for the duration of the proceedings, including for a duration greater than that indicated above.
- Transfer of the Personal Data collected
The Personal Data may be shared with companies within the Soufflet Group.
The information collected, and in particular the Personal Data, may be communicated to third parties acting as processors linked to the Controller or any other company within the Soufflet Group by a subcontracting agreement to implement services for the processing purposes mentioned in section 3 Purposes for processing the Personal Data collected. These processors shall only act on the instructions of the Controller and have limited access to the User’s data, in the context of performing these services and have a contractual obligation to use it in compliance with applicable Personal Data Protection regulations. They are bound by the same security and confidentiality obligations as the Controller.
- If the law requires it, the App may perform data transfers following complaints made against the App and to comply with administrative and judicial procedures.
- If the Controller is involved in a restructuring operation within the Soufflet Group, in a merger, acquisition, transfer of assets or bankruptcy procedures, it may have to transfer or share some or all of its assets including the Personal Data collected in the context of the App. If the Personal Data is transferred outside of the Soufflet Group, the Users shall be informed before the Personal Data is transferred to a third party.
Finally, the Personal Data of the Users is collected, processed and hosted within the European Union and is not transferred outside of the European Union.
- Implementation of User rights
In accordance with the regulations applicable to Personal Data, Users have the following rights:
- Right of information and access
- Right of rectification
- Right of erasure ("right to be forgotten") and, more specifically, right to send the Controller special instructions about what is to be done with the Users' Personal Data after their death.
- Right to restriction of Processing
- Right of objection
- Right to the portability of Personal Data
- Right not to be the subject of any automated individual decision including profiling
Users can update or delete the Personal Data managed through the App either by connecting to their account and configuring the account parameters, or, for Users without an account, by sending their request to email@example.com specifying their surname, forename, address and attaching a double-sided copy of an identification document.
The exercise of their rights by the Users does not affect the lawfulness of the processing performed previously.
Users have the right to send a complaint to the French CNIL (lead authority) if they think their rights have not been respected. However, we invite Users to contact us before filing a complaint with the CNIL (www.cnil.fr).