GENERAL TERMS AND CONDITIONS GOVERNING USE OF THE FARMI MOBILE APP
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.
Clause 1: Definitions
Terms beginning with a capital letter in these GTC, regardless of whether they are used in their singular or plural forms, 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.
“Content” means without limitation the structure of the App, editorial content, designs, illustrations, images, photographs, graphics, marks, logos, abbreviations, corporate names, audiovisual works, multimedia works, visual content, audio content and sound content, as well as any other content appearing in the App and/or any other component comprising the App.
“Services” means the various features and services offered by the App.
“SOUFFLET AGRICULTURE” means SOUFFLET AGRICULTURE, a French société par actions simplifiée (simplified joint stock company) with share capital of €3,126,000, which has its registered office at Quai du Général Sarrail, NOGENT SUR SEINE (10400), FRANCE and is registered under number 706 980 182 in the Trade and Companies Register of TROYES.
“User” means any adult person or minor person authorised to use the App by a parent or legal guardian with access to the App and the Services.
Furthermore, for present purposes, the terms « Personal Data », « Processing », « Controller », « Processors » have the definition these termes are assigned 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 installing 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 neither to use nor access the App or its Services.
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;
access to account information/invoices, orders of supplies or collection monitoring (for Soufflet customers); and
information on Soufflet silos.
This list is non-exhaustive and may be amended at any time by SOUFFLET AGRICULTURE without incurring any liability to anyone whomsoever.
Clause 4: Financial terms and conditions
The App is offered to Users free of charge, but subscription costs and the costs associated with internet connection and access and any additional costs invoiced in respect of data downloads shall be payable to the User’s mobile telephone network operator or internet provider.
Clause 5: Access to the App
In order to access and use the App, the User must have a compatible mobile phone or mobile device and internet access.
The App may be downloaded free of charge from the “Apple Store” and “Google Play Store” platforms to the following mobile devices:
- an iPhone® mobile phone manufactured by Apple® which has the iOS operating system in its iOS 9 or any subsequent version; and
- a mobile phone with the Android® operating system in its OS 4.4 or any subsequent version.
The version of the software incorporated into the App may be updated from time to time in order to add new features or new services.
Clause 6: Creating an account
Access to the 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”, “My space”…require that the User create an account. 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.
The User must, in order to create an account, submit the necessary personal information (including a surname, first name, e-mail address…). When creating an account, a User who is a client of SOUFFLET AGRICULTURE may request that his farm be attached to such account. An employee of such a User who is a client of SOUFFLET may also request that the agricultural business be attached to himself by way of a delegation. Such attachment by way of a delegation to an employee shall require the consent of the User given in the context of an e-mail sent to him for such purpose by SOUFFLET AGRICULTURE. Once such consent is given by the User who is a client of SOUFFLET AGRICULTURE, such operator shall acknowledge that he is fully aware that the employee in question has the same rights and options as the operator of the client User himself with regard to such farm and shall release SOUFFLET AGRICULTURE from any liability in respect of such delegation.
The User may at any time request the closure of his account using the account closure feature accessible in the “My space” user area.
Clause 7: Geolocation
The 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.
After acceptance of the GPS-based geolocation function in the mobile telephone and the App, the User may access weather forecasts and a list of the nearest silos, determining his or her position on radar maps displaying rainfall and silos.
Clause 8: 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 9. Undertakings of the User
The User undertakes expressly:
- not to reproduce either permanently or temporarily all or part the Application by any means or in any form;
- not to use any software or implement any processes seeking to copy the Content without the prior written consent of SOUFFLET AGRICULTURE;
- not to adapt, modify, translate, transcribe, arrange, compile, decompile, assemble, disassemble, transcode, apply or reverse-engineer all or part of the App, the Services and/or the Content;
- not to export the Application or merge all or part of the App with other 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 author and the editorial source;
- to waive expressly any right to use software or systems capable of disrupting the proper operation of the Application and not to take any action capable of imposing a disproportionate burden on the infrastructure of SOUFFLET AGRICULTURE;
- not to extract or reuse, including for private purposes, without the prior written consent of SOUFFLET AGRICULTURE 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 the Content or capable of breaching these GTC;
- to inform SOUFFLET AGRICULTURE of any hack and in particular any unlawful or non-contractual use of the App and/or the Content, irrespective of the method of transmission; and
- not to sell, lease, sub-license or distribute the App and/or the Content to third parties in any manner whatsoever.
Clause 10. Protection of personal data
In the framework of the use of the Application, SOUFFLET AGRICULTURE processes Users' Personal Data.
These processing operations are carried out in accordance with GDPR, the Data Protection Act No. 78-017 dated 6 January 1978 modified by Act No. 2018-493 dated 20 June 2018 concerning personal data protection and the personal data protection policy of SOUFFLET AGRICULTURE accessible (see below "Personal Data Protection Policy, Mobile Application" FARMI)
Clause 11. Availability of the App
SOUFFLET AGRICULTURE undertakes to use its best endeavours to render access to and the consultation and use of the Services offered by the App secure. The App shall be accessible 24 hours a day, seven days a week, unless an event of force majeure or an event beyond the control of SOUFFLET AGRICULTURE occurs, and subject to any malfunctions and maintenance work which may be necessary in order to ensure the proper functioning of the App. Maintenance work may be undertaken without informing the Users thereof in advance.
SOUFFLET AGRICULTURE is bound by an obligation of means as far as the accessibility, operation and/or availability of the App and/or the Services are concerned. SOUFFLET AGRICULTURE reserves the right to interrupt, suspend or limit access to all or part of the App and/or the Services, in particular on account of any technical or legal constraints.
Clause 12. 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 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 13. Warranties and liability
The information disseminated through the App shall be provided strictly for information purposes and on an indicative basis. SOUFFLET AGRICULTURE shall use its best endeavours to ensure that the App and the Services are up-to-date and to disseminate 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 disseminated 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/or 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.
The User shall access and use the App at his own risk.
The App is provided in its “as-is” and “as available” state, without any warranty whatsoever.
It shall be incumbent upon each User to take all appropriate measures to protect against any breach of his own data and/or software stored in his own IT and phone equipment.
The User represents that he is aware of and accepts the characteristics and limits of the internet and in particular the functional and/or performance-related characteristics of the internet, the problems associated with connecting to and/or accessing the internet and/or websites, the problems associated with network availability and congestion, the problems associated with network failures and saturation, the problems associated with transit times, access to information placed online, response times for the purposes of displaying, consulting, questioning or otherwise transferring data, the risk of disruption, the lack of protection for certain data against potential theft or hacking, the risk of infection by viruses existing within such networks, etc., in respect of which SOUFFLET AGRICULTURE shall have no liability.
SOUFFLET AGRICULTURE may not be held liable:
- for any defect, loss, delay or error in the transmission of data which is beyond its control;
- for the dispatch of messages and/or data to a false, inaccurate or incomplete address;
- if data does not reach it for any reason whatsoever or if data received by it is illegible or impossible to process;
- if the User is unable to access or use the Site, the App and/or the Services for any reason whatsoever;
- if a connection must be terminated for any reason whatsoever.
In addition, SOUFFLET AGRICULTURE shall not be liable in the event of any misuse of the relevant device and/or any incident attributable to use of the relevant device during use of the App. SOUFFLET AGRICULTURE shall not be liable for damage of any nature whatsoever caused to Users, their devices, their hardware and phone equipment and any data stored thereon or for any consequences thereof affecting their personal, professional or commercial activities.
Clause 14. Amendments to the GTC
The applicable GTC shall be those in force on the date on which the User connects to and uses the App.
SOUFFLET AGRICULTURE reserves the right to modify at any time all or any of the provisions of the GTC without delivering any notice or providing any information in advance to Users, in order to adapt the GTC to changes made to the Services, technical developments or changes to the law or case law, or when new services are added.
Any amendments made by SOUFFLET AGRICULTURE to the GTC shall be brought to the knowledge of Users by means of their publication online. Such amendments shall be deemed to have been accepted without reservation by any User who accesses the App after the amendments are published online. SOUFFLET AGRICULTURE therefore invites all Users to consult the GTC on a regulator basis.
Any new Service incorporating new technologies or characteristics improving the quality of existing Services shall also be governed by these GTC, in the absence of any express contrary provision.
Clause 15. Contact details
Any question relating to the App and/or the Services must be submitted by letter to the following address: SOUFFLET AGRICULTURE, Service Marketing - BP 12 - 10400 NOGENT-SUR-SEINE.
Clause 16. Governing law
These GTC shall be governed by French law.
Any dispute or disagreement relating to the performance or interpretation of these provisions which is not settled amicably by the Parties shall be submitted to the competent courts located within the geographical jurisdiction of the Appeal Court of Troyes.
PERSONAL DATA PROTECTION POLICY
FARMI MOBILE APPLICATION
Updated: August 2018
Any Personal Data collected in the context of the use of the Application shall be processed and retained in accordance with European Regulation 2016/679 dated 27 April 2016 (hereinafter "GDPR") and the Data Protection Act No. 78-017 dated 6 January 1978 modified by Act No. 2018-493 dated 20 June 2018 concerning personal data protection.
For present purposes, the terms "Personal Data", "Processing", "Controller", "Processor" have the definition these terms are assigned in article 4 of the GDPR.
"Controller": designates the company Soufflet Agriculture, a simplified joint-stock company, with a capital of €3,126,000 whose registered office is at NOGENT SUR SEINE (10400) Quai du Général Sarrail, registered under the number 706 980 182 in the TROYES Trade and Companies Register, represented by Didier THIERRY, as President.
"Soufflet Group": designates the group constituted by the company Etablissements J. Soufflet, a public limited company with a capital of €1,103,000, whose registered office is at NOGENT SUR SEINE (10400) Quai du Général Sarrail, registered under the number 642 880 785 in the TROYES Trade and Companies Register, as well as its consolidated subsidiaries in the meaning of article L233-3 of the Commercial Code. For all practical purposes, it is stated that the Controller forms 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.
In addition, the collection of Personal Data within the Application assumes a contractual character and is under no circumstances dependent on the conclusion of a contract with the Controller, other than adherence to the Application's general terms and conditions of use.
Failure to provide the Personal Data required for account creation shall result in restricted use of the Application, limited to the functionality that is open to a connection without an account (see below).
The following Personal Data is collected to allow access to and use of the Application:
Connection without account creation
When the User connects without creating an account, the Application records his or her connection data and identifies his or her location data if the User has activated this function. In reference to the location data, it is not recorded or stored in the IT systems of the Controller: it disappears when the User exits the Application.
Connection without account creation allows the following to be viewed:
Agricultural meteorological forecasts;
Real-time quotations on agricultural raw materials markets (Euronext, Chicago, physical, etc.);
News related to agriculture, crop-raising and markets;
Advice from the Controller in relation to agriculture with the possibility of viewing product catalogues from the Soufflet Group, if applicable, in order to meet the needs of the User in an appropriate manner.
Connection with account creation
If the User wants to create an account, the Application collects, in addition to the data collected without account creation (connection data and location data if the User has activated this function), the surname, first name, email address and the User's mobile and/or fixed-line telephone number.
In addition, in order to benefit fully from the Application functionality, the User may also add, if he or she so wishes, the customer number assigned to him or her by the Soufflet Group (hereinafter the "Soufflet Customer Number") as well as the postal code of his or her farm.
In this case, the customer can monitor:
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.
Note that filling in the fields marked with an asterisk is mandatory in order to create an account or use the Application. If these fields are not filled in, the account creation cannot be validated. Filling in the other fields is optional.
Purposes for processing the Personal Data collected
The principal purpose for the Processing of the Personal Data collected from Users is to provide Application 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 navigation history and his or her Soufflet Customer Number, whether it has been entered into the Application or not
Sending of commercial information according to the User's preferences.
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 implementation of a contract or pre-contractual measures taken at the User'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 Application and the Controller, without infringing the fundamental rights and liberties of the Users.
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 Personal Data of the Users is kept, in an active database, for three (3) years from the date of the User's last activity in the Application. After this period, the User 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 Application'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 or her 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
Commercial Code) and/or at least during the applicable prescription period (such as the common law prescription period of five (5) years provided for by article 2224 of the 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 contract 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 data in the context of performing the services and have a contractual obligation to use it in compliance with applicable Personal Data Protection regulations. They are bound to the same security and confidentiality obligations as the Controller.
If the law requires it, the Application may perform data transfers following complaints made against the Application and to comply with administrative and judicial procedures.
If the Controller is involved in a restructuring operation within the Soufflet Group, in a merger, an acquisition, transfer of assets or collective procedures, it may have cause to transfer or share some or all of its assets including the Personal Data collected within the context of the Application. 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 his or her death.
Right to restriction of Processing
Right of objection
Right to the portability of Personal Data
Users can update or delete Personal Data that relates to them 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 CNIL 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).