Syngenta España, S.A., with NIF A59542928 and address in Madrid, Calle Ribera del Loira 8-10, 3rd Floor, 28042, registered in the Mercantile Registry of Madrid, Volume 30,043, Folio 159, Section 8, Registration Sheet M285699, Entry 62.
Hereinafter, “the Owner”.
The Owner makes the App available to any user who, in compliance with the General Terms and Conditions and the Licence of Use thereof, downloads and installs it on their device.
The Owner provides the email address dataprivacy.es@syngenta.com as the main means of contact with users and for the reception and attention of doubts, queries, suggestions and/or complaints.
1. Identification of the parties
1.1. These General Terms and Conditions and Licence of Use are subscribed, on the one hand, by Syngenta España, S.A., as the owner of the App (hereinafter, the Owner) and, on the other hand, by the user, understood as the natural or legal person who freely and voluntarily downloads, installs and/or accesses the App. regardless of whether or not you make use of the services and functionalities offered therein.
1.2. The user, by accessing, downloading and/or installing the App, accepts these General Conditions in all that may apply to any Internet user who simply downloads the App. If, in addition, by registering on the App, you accept these General Terms and Conditions, the user is subject without reservation to all that is stated herein. The Owner recommends a careful reading of this text, as well as a periodic review of its content.
2. The App
2.1. Purpose of the App
The main use of the App is to provide a platform focused on professionals in the agricultural sector, with various functionalities aimed at providing information about agricultural products and events of the Owner, providing a line of contact with the Owner’s commercial staff through instant messaging, as well as with additional functionalities of cooking recipes with agricultural products, scanning QR codes of the products of the Owner, conducting surveys, etc.
The App is designed to be used on devices with Internet access. However, the App does not include access to the Internet or mobile phone networks, so users must pay the fees of the corresponding Internet access provider or mobile operator. Before downloading and installing the App, check the access and pricing conditions of your provider.
The App is available for Android and iOS operating systems.
Users will have access to the catalogue of agricultural products offered by the Owner, whose QR codes can be scanned to obtain additional information about them, make notes on them, etc.
Users will have access to a calendar that will include a series of events organized by the Owner, to which they can confirm their attendance through the App. Attendance at such events may be subject to the fulfillment of additional conditions, so it is recommended to pay attention to the specific terms of each event, if applicable. Likewise, users will be able to set personal events in the calendar, only visible by them, with their own activities among those typified in the App.
Users will have access to an instant messaging functionality through which they will be able to communicate with the Owner’s sales staff and, thus, obtain additional information about a certain product, an event, etc.
The User undertakes to:
a. Make diligent, correct and lawful use of the App, respecting current legislation (and in particular, that relating to the protection of personal and nonpersonal data and intellectual and industrial property), morality and good customs, as well as public order.
b. Periodically review these General Conditions or any others that may be applicable, checking the changes that, if any, they may have undergone.
c. To control the notifications that, where appropriate, are sent to it by the Owner, since they may include important information about the App, its functionalities and its use.
d. Not to use the App for commercial purposes, or to collect information or content in order to provide services that clearly constitute competition for the Owner.
e. Not to modify or attempt to modify in any way, or to take any action or use any means designed to simulate the appearance or functions of the App.
f. Not to damage, disable, overburden, or hinder the provision of the App’s services (or the network(s) connected to them, or interfere with their use and enjoyment.
g. Not to use reverse engineering techniques and/or decipher, decompile or use any other system intended to know the source code of the App or any element subject to copyright or underlying intellectual property.
h. Refrain from carrying out any action that involves the introduction of computer viruses, worms, Trojan horses or any other type of malicious code intended to interrupt, destroy or limit the functionalities of the App.
i. In any case, not to carry out any type of act that may violate the rights or interests of the Owner or third parties, such as, for example, intellectual or industrial property rights (patents, trademarks, copyright rights, trade secrets, etc.).
The Owner intends to improve and expand the App, as well as its content and the services and functionalities offered therein. However, the App will be displayed as it is at all times, according to availability, limitations and other concurrent circumstances.
These Specific Registration Conditions are subscribed, on the one hand, by the Owner and, on the other, by those users who have completed the process of creating an account in the App, together with the acceptance of these Specific Conditions.
5.1. Requirements and procedure for creating an account
In order to create an account on the App, it is essential that the User is a natural person of legal age in accordance with the provisions of Spanish law. The user must access the option “Create an account” and provide an email address backing it up with a password, or select the registration options in the App through pre-existing LinkedIn or Google accounts. Subsequently, the user must provide their identification and professional data, as well as their type of cultivation and characteristics, completing all the steps for the purposes of creating an account and including reading and accepting the Privacy Policy and these General Conditions.
Registration will be confirmed by sending a welcome communication to the email address indicated by the user. The Owner reserves the right to check and verify the identity of the user at any time. Failure to comply with the requirements set out in this section or deception as to identity, entitles the Owner to unsubscribe such user at any time, exempting the Owner from any type of liability for such action.
5.2. Benefits of registration in the App
Registration in the App allows access to all its functionalities.
5.3. Obligations of the Registered User
The Registered User has the following obligations:
5.4. Modification and cancellation of the user account
At any time, the registered user may change his/her data and preferences or cancel the account via the user area.
6.1. The user may confirm his/her attendance at the events and conferences organized by the Owner, which will appear in the calendar and in other sections of the App.
6.2. Each event will be subject to its respective conditions of registration and attendance, depending on the nature of the event, the entry requirements for it, etc.
6.3. The possible specific conditions of each event will appear on the presentation page of each one, so that the user can find out about them before proceeding to confirm or not their attendance at it.
7.1. By virtue of the acceptance of these General Conditions, and provided that the user complies with all their obligations in accordance with the provisions of the same or any others that may be applicable, the Owner grants the user a right to use the App, as it is offered to the public at any time, on a non-exclusive basis, without the possibility of assignment or sub-licensing, throughout the world and for as long as the App remains installed on the user’s device, by virtue of which:
7.2. Under no circumstances is the user entitled to use the App for commercial purposes and/or purposes other than those provided for in the previous section.
7.3. This licence of use does not imply the transfer of any intellectual or industrial property rights over the App or any content present therein, and the intellectual property rights over the App and all the elements that make it up (programming, design, graphics, codes, texts, images, etc.) are the exclusive property of the Owner. or they have sufficient rights or authorisations to operate them. Consequently, the reproduction, distribution, public communication, making available or transformation of the App or any element integrated therein is prohibited.
7.4. Similarly, the domain name, trademarks, trade names and, in general, any distinctive sign related to the App, is the exclusive property of the Owner, or they have the necessary licenses to use them.
7.5. If you detect any infringement of intellectual and/or industrial property rights in the App, we ask you to notify us as soon as possible by writing to us at dataprivacy.es@syngenta.com.
8.1. The App may include links to third-party pages or websites. The Owner does not assume any responsibility for them or for their content or correct functioning, or for the consequences arising from access to them.
8.2. With respect to the links published by the Owner, the user acknowledges and accepts that such links lead to external sites outside the App and the Owner, and that the Owner does not approve or review the functions, advertising or, in general, the content included in third-party pages, even when they are linked from the App; therefore, it cannot guarantee that they do not contain computer threats, viruses or malware, or that they host illegal or inappropriate content or other links that, in turn, lead to sites with one or more of the above characteristics.
8.3. The inclusion of links to third-party websites on the services and functionalities of the App does not imply approval or acceptance of the linked site or platform by the Owner. If the user decides to leave the Apps and access third-party sites, they do so at their own risk. The Owner recommends reading the terms of use and privacy policies of third-party sites.
9.1. The Account Holder works to ensure that the services and functionalities of the App are always available. However, the App will be shown “as is”, according to availability and according to the concurrent limitations at any time.
9.2. Despite the continuous efforts made by the Owner to protect the systems and content included in the App, for which purpose they use the usual security standards in the sector, it is not possible to offer full guarantees in relation to intrusions or loss of information that may occur. In the same way, the absence of viruses or other harmful elements in the App or on third-party sites that may cause alterations to the user’s device, both software and hardware, cannot be guaranteed. For this reason, the user assumes and understands that there are situations that may be beyond the control of the Owner.
9.3. The Owner is exempt from all liability for improper access to content as a result of the registration made by the user by deliberately providing false or inaccurate data.
9.4. The Owner declines all liability arising from misuse of the App, as well as for non-compliance with the obligations or commitments assumed under these General Conditions and Licence of Use or any others that may be applicable.
10.1. The Owner may sanction users who fail to comply with the conditions applicable to them, with the impossibility of accessing, temporarily or indefinitely, the App. The duration of the sanction will depend on the type of infraction committed. The restriction of access will not entail in any case the right to compensation.
10.2. Any type of damage, loss, loss or cost (including lawyers’ and/or solicitors’ fees) arising from a breach by the user of these General Conditions or any others that may be applicable, incurred by the Owner, must be compensated by the user who originated it. This includes any claims by third parties arising from such breaches.
These Terms and Conditions may be modified and/or updated at any time without prior notice. The modifications made will come into force as of their publication on the Website, regardless of the means and form used to do so.
The modification will only affect users who have accepted them after said modification.
12.1. The duration of these conditions is indefinite and extends for as long as the user keeps his account active on the App.
12.2. At any time, the user may terminate these conditions simply by cancelling their user account through the functions of the App intended for this purpose.
12.3. For its part, the Owner reserves the right to terminate these conditions or to block or delete the user’s account as a result of serious and/or repeated breach of the General Conditions set forth herein or of any other conditions that may be applicable.
The collection and processing of the user’s personal data by the Owner through the App is governed by our Privacy Policy.
14.1. These conditions constitute a single agreement between the user and the Owner.
14.2. If the Competent Authority declares any provision to be illegal, invalid or unenforceable, it shall mean that the provision must be interpreted in the manner closest to the original intent of such provision. However, such a declaration with respect to one or more clauses shall not prejudice the validity of the remaining clauses.
14.3. The failure of the Owner to strictly comply with any of the terms of these conditions does not constitute and may not be interpreted in any case as a waiver on its part to demand it in the future.
15.1. The language applicable to these conditions is Spanish. If versions in other languages are provided, it will be only as a courtesy and for the convenience of the user. Therefore, the user expressly accepts that they are governed by their Spanish version.
15.2. If there is any contradiction between what is indicated in the Spanish version of the General Terms and Conditions and what is indicated in any of its versions in other languages, the Spanish version will prevail.
Joint Data Controllers
Syngenta España, S.A., with NIF A59542928 and address in Madrid, Calle Ribera del Loira 8-10, 3rd Floor, 28042, registered in the Mercantile Registry of Madrid, Volume 30,043, Folio 159, Section 8, Registration Sheet M-285699, Entry 62.
As the owner of the App (hereinafter, “the Owner”).
This Privacy Policy regulates the collection and processing of personal data provided by users when they download, install, access and/or make use of the functionalities of the App.
Data collection, purposes, legal basis and storage periods:
a. Registration: in order to create an account on the App, the user will need to provide their identification and contact details, such as name, surname, email address, etc., as well as others related to their type of crop and preferred agricultural products for this purpose; all for the processing of registration in the App and allowing the user access to its functionalities.
The legal basis for the processing of such data is based on the execution of a contract or license of use to which the user is a party.
The data will be kept for as long as the user keeps their account in the App active, unless other periods apply.
b. Contact: the user may contact the Owner through the means established for this purpose in the App. To do this, they must provide their identification data, as well as the reason, subject or question; data that the Owner will use to process the query and contact the user.
The legal basis for the processing of such data is based on the user’s consent.
The period of storage of the data for this purpose will be one year, unless other periods are applicable.
c. Geolocation: when the user has consented to it, the Owner will collect information about their location to provide updated weather information on their location.
The legal basis for the processing of such data is based on the user’s consent.
The data retention period will be one year. In any case, the user will be able to manage the geolocation preferences on their device, and manage the corresponding permissions in their personal account on the App.
d. QR scanner: when the user has consented, the Owner will access the camera and storage of the user’s device in order to execute the QR code scanner functionality of the Owner’s products and that the user can obtain additional information about them. The legal basis for the processing of such data is based on the user’s consent.
The data will be kept for as long as the user keeps their account in the App active, unless other periods apply. In any case, the user will be able to manage the corresponding permissions in their personal account on the App.
e. Events: the App allows you to view and register for events and conferences organized by the Owner.
The data collected, which will be used to manage registrations, will be those already in the user’s account.
The legal basis for the processing of such data is based on the performance of a contract to which the user is a party.
The data will be kept for as long as the user keeps their account in the App active, unless other periods apply.
f. Calendar: the App allows you to set personal events in the calendar of the app, only visible to the user. Any data provided by the user for this purpose will be used to manage the posting of events in the personal calendar of the user’s account on the App.
The legal basis for the processing of such data is based on the performance of a contract to which the user is a party.
The data will be kept for as long as the user keeps their account in the App active, unless other periods apply.
g. Messaging: the user, if they wish, can access the instant messaging service to contact the Owner’s sales staff and request additional information about products and their events. The provision of this service does not require any data other than those already in the user’s account in the App.
The legal basis for the processing of such data is based on the performance of a contract to which the user is a party.
The data will be kept for as long as the user keeps their account in the App active, unless other periods apply.
h. Surveys: the user can participate in the surveys available through the App. To do this, they must fill in the form established for this purpose and provide their identification data. The information provided will be used to manage participation and the results of the surveys carried out.
The legal basis for the processing of such data is based on the user’s consent.
The retention period of the data provided in the surveys will be one year.
i. Personalised content: depending on the preferences indicated by the user during the registration process in the App regarding the Owner’s products and the nature of their cultivation, the content displayed in the App will be adjusted to such tastes and preferences as far as possible.
The legal basis for the processing of such data is based on the user’s consent.
The data about the user’s preferences will be kept for as long as the user keeps his account in the App active.
j. Advertising: if expressly authorised by the user, the Owner may send advertising for its products and services, activities and promotions, etc.
The legal basis for the processing of such data is based on the user’s consent.
The period of data storage will be the time that you remain registered in the system for the sending of advertising and have not revoked your consent.
The user may revoke consent at any time through the links provided or by writing to us at dataprivacy.es@syngenta.com
Exercise of rights
The user may revoke consent to the processing and exercise the rights of access, rectification, deletion, portability, opposition and limitation of processing, informing the Owner by sending an email to dataprivacy.es@syngenta.com or indicating it to the address postcard indicated above, indicating “Data Protection” as the subject.
When there are doubts about the identity of the applicant, proof of their identity may be required by providing a copy of an official identification document, in order to prevent unauthorized access to the data by third parties.
The user may communicate any modification in writing or request the cancellation of their account in the App by indicating it at any of the addresses provided.
At any time, the user may file a complaint with the Spanish Data Protection Agency to assert their rights.
Modification of the Privacy Policy
The Owner reserves the right to modify this privacy policy at any time, in compliance with current legislation on data protection and after due notice to the interested parties.
Language applicable to this Privacy Policy
The language applicable to this Privacy Policy is Spanish. Any version of this in a different language is offered for the convenience of the user and to facilitate understanding.
However, this Privacy Policy will always be governed by its Spanish version. In the event of a contradiction between the Privacy Policy in any language and its Spanish version, the Spanish version shall prevail.
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