Plantix

An Easy Plant Disease Diagnostic & Monitoring Tool

Terms & Conditions and Privacy Policy for Plantix-App

 

General

By accepting these Terms and Conditions and installing the application (“App Plantix” or “App”), you (“User”) agree to these Terms and Conditions.

Please read this carefully before you agree and proceed with the application.

If you do not agree with any provision of these Terms and Conditions, you may not use, download, install or run the software.

Plantix app or app refers to the software provided by the provider and the corresponding service products. The term also refers to possible upgrades and any other software or documentation that enables the use of the application. The provider of the app is the legal person named in the legal notice.

 

Plantix Application

a) The Plantix app is a tool for analyzing and determining the distribution of plant diseases and pests. The identification and analysis is carried via the transfer of photos and location information initiated by the user. Submitted photos are examined for plant diseases and pests and later analyzed statistically. The results of the analysis are later anonymized, used to produce informatonal graphics including maps and published. Furthermore, the Plantix app contains a library which lists various plant diseases and provides information, for example, about possible ways to fight the disease or the pest.

b) Plantix app is currently only available in a beta-test version. The Plantix app is available for download. The app’s use as a test version is free for personal, non-commercial use.

c) As a test version, the Plantix app may contain errors and is not permitted for production use. The provider does not guarantee that the app is suitable for the intended use of the user. There can be no assurance that the use of the app is possible without error and without interruption. Furthermore, data transmission over the Internet may have security gaps. Thus, despite preventative measures, it is not possible to guarantee complete security against third-party access. In particular, there is no guarantee that the app will be free of security problems such as malware, data loss and unauthorized access.

d) Provision of the app and the community platform is subject to change and non-binding. The provider expressly reserves the right to change, add or remove (temporarily or permanently) parts of the application or the entire app without prior notice. In accordance with these Terms and Conditions, the provider reserves the right to edit the application or withdraw it from the market for any reason at any time and without notice.

 

System Requirements

To use the application, you need a compatible mobile phone or handheld and, optionally, internet access.

The application can be used with the operating system Android OS (version 4.0.3 and higher). In addition, your device requires a camera. Flash is not necessary, but recommended. The fulfillment of these system requirements is the responsibility of the user.

 

Property rights and licenses

a) The information published in this application is subject to German copyright and intellectual property law. Any use not permitted by German copyright and intellectual copyright law requires the prior written consent of the provider or the respective copyright holder. This applies in particular to copying, editing, translation, storage, processing or reproduction of content in databases or other electronic media and systems. Third-party content and rights are marked as such.

The unauthorized reproduction or distribution of content or complete pages is not permitted and punishable. The production of copies and downloads is only permitted for personal, private and non-commercial use.

b) The user grants the provider free of charge the simple, irrevocable right, unlimited with regard to subject matter, time or territory, to process the submitted photos and, in particular, location details and to evaluate, compare, reproduce, copy, adapt, modify, perform, exhibit, broadcast, publish and disclose them to third parties. This granting of rights is valid for all known and future uses.

c) The user guarantees that he is the owner of the transferred rights and that he is legally capable of effectively granting these rights. The user also guarantees that the photos are free of third-party rights, which might impede the contractual assignment of rights. The user indemnifies the provider from all third-party claims, especially claims of copyright or intellectual copyright violations which may be raised against the provider in connection with the exercise of the contractual rights, upon first request. If the user becomes aware of impairment of the contractual rights of these, he must inform the provider immediately. The provider is itself entitled to take appropriate measures to defend itself against the claims of third parties or to pursue its own claims. The indemnification also includes compensation for necessary and reasonable expenses incurred by the provider in court proceedings or legal defense.

d) Ideas or suggestions proposed by the user on an Internet site of the provider (e.g. peat.ai, www.plantix.net, facebook page, Twitter account, www.pflanzen-krankheiten.de) may be used by the provider free of charge, in particular for the development, improvement and marketing of the app.

Plantix Community

a) In the Plantix community, users can exchange information among themselves. The user can create Posts and answers for this purpose. Posts and answers can contain uploads. The provider saves the Posts, replies and uploads (in the following: “Content”) for the respective user. The user may, in principle, freely dispose of his / her contents, and in particular modify and delete them.

b) The provider is entitled to change or delete content, if this is legally required. Foreign law must also be taken into account. The provider can apply a cautious standard. Contents may only be shortened meaningfully; Is this not possible for the provider, without any doubt; The provider is under no obligation to prefer the shortening to the deletion.

c) The deletion of a Post – whether by the user or the provider – results in the deletion of the replies made by other users as well as the deletion of the uploads to the post and the uploads to the replies.

d) It is the responsibility of the user to create backup copies of his content. The permanent and fail-safe storage of the contents is expressly not the object of the service. The provider owes only to the usual diligence for Internet discussion forums and can assume that the contents are not important for the user or are secured by himself.

e) The provider will not check the contents in advance or at all regularly. It can therefore not be ruled out that individual content is generally inappropriate or infringing, or even violates the user directly in his personality rights. Such content may be reported to the provider, who will act against such content in accordance with the statutory provisions.

f) It is the object of the service that contents of users can be evaluated. This can lead to negative evaluations of the user’s content. The user has the possibility to report untrue or manipulated reviews.

g) It is forbidden to make content available that:

infringe the intellectual property rights of a third party or the provider;

– harm the personality rights of a person;

– shows sexuality or violence

– Offensive, defamatory or offensive;

– contains false statements about a third party or the provider;

– are unlawful for other reasons.

The User shall indemnify the Provider against all claims of third parties which are to be levied against the Provider in connection with the aforementioned prohibitions of the terms . The exemption also includes compensation for the costs incurred or incurred by the provider by law enforcement / defense.

Disclaimer

a) In the case of deliberate and gross negligence, also on the part of its legal representatives and agents, each party shall be liable under the statutory provisions. The same applies to culpably caused damages arising from injury to life, limb or health, where such damages were caused by the lack of warranted quality and in the case of bad faith failure to disclose defects.

In the case of simple negligence caused by a party, its legal representatives or agents, that party shall only be liable for property and financial damages in cases of breach of a contractual obligation and in an amount limited to that of typical damages foreseeable upon entry into the contract.

Liability under the product liability law remains unaffected. In all other cases, the liability of the parties shall be excluded.

b) The provider accepts no responsibility for access to the app or information from the app from locations outside Germany.

Users outside Germany who access the app are solely responsible for compliance with all applicable local laws.

c) This app contains links (“external links”) to websites and third-party applications. The respective providers are responsible for these websites and applications. In initially creating the external links, the provider reviewed the external content to establish whether any legal violations were present.

At that time, no legal violations were apparent. The provider has no influence on the current and future design and content of the linked pages. The inclusion of external links does not mean that the provider supports or owns the reference or link content “A constant control of the external links is unreasonable for the provider without concrete references to legal violations. However, in the case of knowledge of legal violations, such external links shall be immediately deleted. “Shall be published in the German version. Is this intentionally omitted in English?.

 

Notice and Take Down

If a user feels that any information provided within the app infringes his or any third party’s rights, he shall notify the provider before taking any legal action.

Upon such notification, the provider will expeditiously check the objectionable information and will, where necessary, remove or disable access to this information (“notice and take down” process).

The provider will respond to any such notification within two business days.

Users shall not take any legal action before the Provider has dismissed the notification or two business days have elapsed without response.

The provider disclaims liability for expenditures, including court and lawyer fees, if legal action is taken earlier, unless the provider has caused the infringement intentionally, recklessly or negligently.

 

Data Protection

The provider takes your privacy very seriously.

The provider is entitled to use the personal information and data that you provide when using the application in accordance with the privacy policy.

 

Mobile Operator

You hereby acknowledge that the terms and conditions of your mobile network operator (“Operator”) are still valid when you use this app. Therefore, it may be that your operator or a third party will charge you for access to network connection while you use the app. You assume all costs incurred.

Misuse of the Plantix Application

The Plantix app was developed solely for the purpose described in section “Plantix Application”.

Any other use of the app is prohibited.

The provider reserves the right to take legal action against possible abuse of Plantix. This particularly applies to the posting of pornographic, racist, abusive, sexist, discriminatory, violent or other illegal content or content that is harmful to minors.

 

Change of the Terms and Conditions

The provider reserves the right to update these Terms and Conditions from time to time and to provide the amended terms for inspection. The provider will inform the user about the change (e.g. via push notifications), if he has agreed to such alerts. The use of the application and, in particular, the use of services and modules is then determined by the modified Terms and Conditions

 

Notice of Cancellation

a) Withdrawal

You have the right to withdraw from this contract without giving a reason within fourteen days.

The withdrawal period shall be fourteen days from the date of entry into the contract or the installation of the Plantix app.

To exercise your right, you must inform the provider (PEAT GmbH, Schwarzer Bär 1, 30449 Hannover, Germany. Phone: +49 – 160 – 7975582, e-mail: contact[at]peat.ai) by means of a clear declaration about your decision to withdraw from this contract. In observation of the withdrawal period, it is sufficient to send your communication concerning your execution of the withdrawal right before the expiration of the withdrawal period.

b) Effects of Withdrawal

If you withdraw from this contract, we will reimburse all payments we receive from you, including the costs of supply (with the exception of additional costs arising from the fact that you have chosen a different method of delivery than that offered by us) immediately and repay at the latest within fourteen days from the date on which we receive notice of your cancellation of this contract. For this repayment, we will use the same method of payment that you used in the original transaction, unless expressly agreed otherwise; in no case will you be charged fees because of this repayment.

If you requested services to begin during the withdrawal period, you must pay us a reasonable prorated amount for services rendered up to the date of your notification of the right of withdrawal in terms of this contract. This amount is based on the amount for the overall level of services provided for by the contract.

Miscellaneous: Final Provisions and Amendments to the Terms and Conditions of Use

This agreement shall be governed by the laws of the Federal Republic of Germany.

a) If you have no place of jurisdiction in Germany or in any other EU member state, if you have transferred your permanent domicile abroad after these Terms and Conditions take effect or if your domicile or usual place of residence is unknown at the time legal action is taken, the sole place of jurisdiction for all disputes arising from this agreement will be the location of our registered offices.

b) We reserve the right to amend and adapt these Terms and Conditions with effect for the future. You can request the currently valid version of the Terms and Conditions via contact[at]peat.ai or access them in the menu of the Plantix app. You will be notified by email no later than one month before new Terms and Conditions take effect. If you do not object to the validity of the new Terms and Conditions within one month after they take effect, you will be deemed to have accepted the new Terms and Conditions. We will inform you separately in suitable form about the significance of the one month’s notice period, your right to object and the legal consequences of non-objection. This amendment mechanism does not apply to amendments to the parties’ main contractual obligations.

 

Salvatorius Clause

If any provision or provisions of this Terms and Conditions and its additions shall be held to be or become invalid, illegal, unenforceable or in conflict with the law of any applicable jurisdiction, the validity, legality and enforceability of the remaining provisions shall not in any way be affected or impaired thereby.

 

 

Privacy Policy

Thank you for choosing to use the Plantix application.

The Plantix app is a system for automated recognition of plant diseases. Plantix also analyzes the distribution of plant diseases and pests using the photos of plant diseases and pests that you send in. Submitted photos are statistically evaluated; results are anonymized and used to produce distribution maps for publication.

In order to offer this service, some data must be collected. The following will explain exactly how the Plantix app works, which data are collected for the purpose of evaluating the distribution of plant diseases and pests, why these data are collected and how the information is processed.

The provider operates the service in full compliance with EU Directive 95/46/EC and German laws on privacy and data protection. The provider respects your privacy and therefore protects your personal data. Plantix is not a web service that exists primarily in order to collect personal data.

Nevertheless, this statement is a binding agreement between the provider and each user. The user expressly consents to storage and processing of his or her personal data, as described and defined in this policy.

Controller

 

The controller within the meaning of German data protection laws is:

PEAT GmbH

(Progressive Environmental & Agricultural Technologies)

Schwarzer Bär 1

30449 Hannover

EU // Germany

Contact:

Web: www.Peat.ai

Mail: contact[at-sign]peat.ai

Tel.: +49 – 160 – 7975582

Register Court: District Court Hannover

Company Registration Number: HRB 213082

Sales Tax Identification Number (VAT-Number): DE303589874

 

Principles

The careful handling of your data is very important for the developer of the Plantix app. In particular, the developer places priority on the privacy-compliant collection, storage and processing of your data. At this juncture, we would like to thank you for the trust you place in us, and we want to assure you that you will remain anonymous as a user. In this context of trust, we would nonetheless like to point out that data transmission over the Internet may have security gaps. Thus, despite preventative measures, it is not possible to guarantee complete security against third-party access.

During the development of Plantix, our focus was already on achieving a privacy-oriented design for the app (privacy by design), as well as privacy-friendly default app settings (privacy by default). We follow the principles of data reduction and data economy; the only data collected will be those that are necessary for a targeted function of the app and for subsequent evaluation.

Transfer of data to third parties will be restricted to selected and trusted partners (experts) whose expertise is necessary for the provision and the development of our service (contracted data processing).

Furthermore, the developer reserves the right to use collected data in developing new services of similar or dissimilar type. Such development can be done in-house or in cooperation with selected and trusted partners. No data will be sold to advertisers.

In all other cases, disclosure of your personal data to third parties will only occur if you have consented to the data transfer or if the developer is entitled or required to do so by law or official or judicial order .

What information is collected and why is this data collected?

Personal data covered by this Privacy Policy is specific information about personal or factual circumstances of an identified or identifiable natural person. These include not only name and e-mail address, but can also include information about the use of this app.

a) User Location / Geolocation

The app can collect, use and share users’ location data in order to provide location-based services. The default setting of most browsers and devices disables this feature. This application has access to the location data of the user only once explicit permission has been granted.

This is granted by pressing the “OK” button at the end of the introduction of the app.

Should you not agree to transfer of your location data, this can be by pressing the “Decline” button at the end of the introduction. Your, when creating a photo determined location information (GPS coordinates) are stored next to the photo itself, in an encrypted file on your device. Only the Plantix application has access to this file and is able to read it.

If you allow the photo to be uploaded, the two data points (photo and location information) are transmitted together as one file. We store your transmitted position data anonymously.

Saving your location and using anonymized location information to produce and publish maps is indispensable for our evaluation of the distribution and spread of plant diseases and pests, for the creation of map graphic material that is available to users and for provision of automated diagnosis.

In mapping, exact locations will not be displayed, only the regions where photos have been taken.

Example:

The developer receives a photo of a plant disease or a pest from a user of the Plantix app.

Without the associated location data, the experts would indeed be capable of identifying the plant disease or pests, but identifying the location would be impossible.In this case, the developer would not be able to inform other users in the region about the occurrence of the plant disease or pest in question, nor to produce infographic material.

Note:

Plantix can also be used without an Internet connection (“offline”)

The photos taken “offline” will be transferred to the provider the next time the device is connected to the Internet.

If you take pictures in “offline mode”, please bear in mind that deleting the photos from your device before their transfer results in the irretrievable loss of the photos.

The stored files remain encrypted on your device until transfer.

b) Your device

This information is required so that we can review and draw accurate conclusions about the functionality of Plantix on different devices. Information is collected on the manufacturer of your device and the model used (e.g. Samsung Galaxy S4, HTC one).

c) Android version of your device

Since there are now many different versions of the popular Android operating system, this information is important in order to ensure and possibly improve the continuous functionality of the app on all commonly used versions of Android . This information is especially important following Android version updates.

d) The time of installation

The developer receives information about the time at which you install Plantix.

e) Information about the photo and the camera used

Data are also collected on the photos you take, edit and transmit. This includes information about the current light intensity of the photo sensor of the camera, as well as the previous maximum light intensity of a shot. This information will help in the subsequent quality analysis of the photos, as this helps us define the technical conditions under which submitted photos were taken. In addition, the time of the photo transfer is also recorded.

f) The photo you take and upload

g) User account: To use the Plantix Community you need to set up a user account. For this purpose, the e-mail address (as a unique user ID) and a password are stored, the password being stored not as a plain text but as an irreversible hash value. The registration takes place in the so-called “double-opt-in” procedure, which means that after registering we send an e-mail message (plus a maximum of two reminders) whose receipt has to be confirmed by following a link contained in the user account to activate; This is used to authenticate the e-mail address. The internet protocol address with time stamp is stored permanently at the time of registration and confirmation so that we can document the registration.

Personal details and photo: The user account must also include the country of residence and the language (s) in order to provide localized information. In addition, the professional group must be specified, which serves the better classification of the user-provided content by other users. These data are stored for the duration of the usage ratio and can be changed by the user at any time. There should be truthful statements. There is also the option of uploading a photo as a file, which is linked to the user account and the contributions created with it. The photo can be changed or deleted at any time with effect for existing posts. The provisions of the Terms of Use on liability for infringements of intellectual property rights are pointed out.

Posts, answers and ratings: The user account can be used to write text contributions and answers to text contributions. These are linked to the user account. Posts and answers can contain uploaded photos, which can come directly from the camera or from the memory of the mobile phone; The Plantix app requires the appropriate permissions on the Android operating system. Posts and answers can be evaluated (upvote, downvote); This is anonymous to the outside, but we store for the purpose of the determination who has already assessed a contribution and for statistical purposes the evaluation by name. With contributions, answers, ratings and photos the internet protocol address with time stamps for the purpose of documentation, security and misuse control is stored. Own contributions and answers can be deleted at any time; The deletion of your own contribution entails the deletion of all your own and foreign responses to this contribution as well as the deletion of all ratings and all uploaded photos in the contribution and in the responses.

Follow and Block: The “Follow” function allows you to follow other users. You will be informed about new posts and replies of the other user, by e-mail and / or by push message. In the case of users who follow one, this can allow conclusions to be drawn regarding the usage behavior in the case of timely information. Users can block other specific users, i.e., these users can no longer follow them and are not informed. The following and blocking conditions are stored for these functions.

Termination of the User Agreement: The user account can be deleted at any time, which will lead to the deletion of all personal content and, if applicable, the responses of third parties, as well as the other personal data mentioned in this section. This does not apply to data that we have already separated from legitimate interests (for example, misuse of suspects). Furthermore, we reserve the right to keep data within the scope of backup copies of the data stock for a period of one year; We shall delete them within two months after expiry of this period.

 

 

The following data is not collected:

Specific device identification number

(IMEI: International Mobile Equipment Identity)

IMSI number

(IMSI: International Mobile Subscriber Identity)

Hardware address of a network adapter

(MAC address: Media Access Control Address)

Mobile phone number

(MSISDN: Mobile Subscriber ISDN Number)

In addition, no any personal access (account) is created. Accordingly, no data such as the user’s e-mail address or name are requested for this purpose.

Faulty data collection and transferring

In rare cases, data could be automatically transmitted to us, even when we have not requested these data.

One case may be that certain functions of the device are combined with other functions and released only as a “bundle” (e.g. where camera and microphone are combined).

All data extraneous to the functionality of the app and the subsequent evaluation of data will be deleted immediately.

 

Data Security

All information that we receive will be stored on servers within the European Union. Unfortunately, the transmission of information via the Internet is not completely secure. Therefore, we cannot guarantee the security of data transmitted over the Internet. However, our systems secure your data using technical and organizational measures to prevent loss, destruction, access, modification and distribution by unauthorized persons

 

System logs and maintenance

This app and third-party services may collect files for the purpose of operation and maintenance. This can include records of app interaction (system logs) and other personally identifiable information (e.g. IP addresses).

Server data / log files

a) Data is transmitted to and recorded by the developer or our contracted webspace provider for technical reasons and for the purpose of improving our service (these data are known as server log files).

b) This anonymous data is stored separately from any personal data you may provide and thus cannot be used to identify individuals. These are evaluated statistically for the purpose of optimizing the application.

We will transfer your data only to selected and trustworthy third parties. We may also transfer your data in the following exceptional cases as explained below:

a) If required for investigation of an illegal use of Plantix or for legal proceedings, personal data will be transferred to the criminal investigation authorities and, if appropriate, to injured third parties. We will only do this if there are concrete indications of illegal and/or abusive behavior. We can only transfer your personal data in the case that it will be used to enforce general Terms and Conditions or other agreements. We are also legally obliged to give certain public authorities information. These are criminal investigation authorities, public authorities responsible for prosecuting administrative offences entailing fines and the German finance authorities.

b) Occasionally, we use contractually affiliated external companies and external service providers to supply services such as advertising (only if you have given your explicit prior consent), processing payments (PayPal, credit card, etc.), storing your data and customer service. In such cases, information is transferred to these companies or individuals in order to enable them to process this information further. We carefully select these external service providers and review them regularly to ensure that your privacy is preserved. The service providers may only use the data for the purposes stipulated by us. We also contractually require the service providers to treat your data solely in accordance with this Privacy Policy and the German data protection laws.

c) In order to further develop our business, we may alter the corporate structure of PEAT GmbH by changing its legal form. We may also form, sell or buy subsidiaries, divisions or parts of the company. In such transactions, customer information will be passed on along with the part of the company sold or bought. Any time personal data are transferred to third parties to the extent prescribed, PEAT GmbH will ensure that this is done in accordance with this Privacy Policy and the relevant data protection laws.

 

Push Notifications

The app can provide push notifications to users who consent to receiving them.

In particular, these notify the user of current news including: changes to the Privacy Policy, technical amendments to the app, information and warnings on the regional spread of plant diseases and pests.

You can decide whether you want to receive push notifications and make your choice using the application settings.

 

Contact via E-Mail

You can contact the provider by e-mail.

In the case of e-mail contact, the information provided by the user are stored for the purpose of processing and responding to the message. The information will only be shared with selected and trusted partners (experts) whose assistance is required for providing this service and for processing and responding to your message. These data will not be disclosed to advertisers. In addition, the data collected will not be compared or matched with data collected by other components of the app.

 

Amendments to this Privacy Policy

In the course of further development of the app and the implementation of new technologies, changes to this Privacy Policy may be required. Therefore, the developer recommends that you re-read this document at regular intervals.

 

Privacy Policy for use of Google Play and Google Play Store

To use Plantix, you must obtain the app from the Google Play Store.

The Google Play Store is a product of Google Inc., 1600 Amphitheatre Parkway, Mountain View, CA 94043, USA. It should be noted that the use of Google Play Stores may be governed by data privacy regulations different from those in this Privacy Policy.

For more information about of Google Inc.’s privacy policy, please see:

https://play.google.com/intl/de_de/about/play-terms.html

Privacy Policy for use of Amazon Web Services

For better app performance and faster processing of your submitted photos, the developer uses certain services provided by Amazon Web Services (e.g. e2c Cloud).

Amazon Web Services is provided by Amazon.com Inc., 1200 12th Avenue, Seattle, WA 98144, USA. It should be noted that Amazon.com Inc. will not receive access to the data transmitted.

For further information regarding the secured transmission paths and the data protection provisions of Amazon Web Services, please refer to the following documents:

http://aws.amazon.com/privacy/

http://d0.awsstatic.com/whitepapers/compliance/De_Whitepapers/AWS_EU_Data_Protection_Whitepaper_DE_October_2014.pdf

 

Google Analytics

Plantix uses Google Analytics, a web analysis service of Google Inc. (“Google”). Google Analytics uses cookies, text files which are stored on your computer and which enable you to analyse your use of Plantix. The information generated by the cookie on your use of Plantix (including your abbreviated IP address) is transmitted to a Google server in the USA and stored there. Google will use this information to assess your use of Plantix, to produce reports for us on app activity and to provide additional services connected with use of Plantix and the Internet. It is also possible that Google may transmit this information to third parties if this is prescribed by law or if third parties process this information on behalf of Google. For Google Analytics, your IP address will be masked by truncating the last octet in order to protect your privacy.

More information about data privacy and security with regard to Google Analytics can be found here. Please also see Google’s terms and policies for further information.

More information about Terms of Use and Privacy Policy can be found at:

http://www.google.com/analytics/terms/de.html and https://www.google.de/intl/de/policies/.

Please note that the Google Analytics code in this app has been expanded with “anonymizeIp” to ensure the anonymized collection of IP addresses (i.e. IP masking).

 

Right to Information and Correction

You have the right to receive information about the data about you that is held and stored by PEAT GmbH. In addition, you have the right to have incorrect data corrected or blocked. To have this done, please contact the developer at the e-mail, contact[at]peat.ai, or by mailing a letter to the address provided above.