Imprint

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

PEAT GMBH

(Progressive Environmental & Agricultural Technologies)

REGISTER COURT:

District Court Charlottenburg

COMPANY REGISTRATION NUMBER:

HRB 192 727 B

TAX IDENTIFICATION NUMBER (VAT-NUMBER)

DE303589874

Responsible for content according to German Law § 55 Abs. 2 RStV:

ROBERT STREY

(address available to the right/below)

Using contact information in this imprint for commercial advertising is expressly prohibited unless the provider has given written consent or there is an existing business relationship. The provider and all persons named in this declaration hereby oppose any commercial use and disclosure of their data.

Phone:

+49 - (0)176 43537145

E-Mail:

contact [at] peat.ai

Address:

PEAT - Progressive Environmental & Agricultural Technologies
Kastanienallee 4

10435 Berlin
Germany

Terms of Use

GENERAL

By using this website you agree to this Terms and Conditions. Please read them carefully before proceeding with your visit to this website. If you do not agree with any provision of these Terms and Conditions, it is sufficient to leave this website.

COSTS OF USING THIS WEBSITE

The website is currently free of charge for personal, non commercial use available.

In accordance with these terms and conditions, the provider reserves the right to edit the website, withdraw it from the market, or to begin invoicing for website services at any time, without notice and for any reason.

DEFINITON

The website refers to the visible information content provided by the supplier at this domain.

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.

COPYRIGHT AND OTHER INTELLECTUAL PROPERTY RIGHTS

The software running the service, the site design, the logos and other graphics, articles and other texts as well as the database are protected by copyright and are property of the provider.

The information published on this website is subject to German copyright and intellectual property law. Any use not permitted by German copyright and ancillary copyright law requires the prior written consent of the provider or the owner of the rights. This applies in particular to the reproduction, adaptation, translation, storage, processing or dissemination of content in databases or in other electronic media and systems. Third party content and rights are marked as such. The unauthorized reproduction or distribution of content or entire pages is not permitted and is a punishable offence. Only the production of copies and downloads for personal, private and non-commercial use is permitted.

Display of this website in external frames is only allowed with written permission.

If the user leaves ideas and/or suggestions on an Internet site of the provider (e.g. www.peat.ai, Facebook page, Twitter account) the provider is allowed to use such ideas free of charge in direct connection with the development, improvement and marketing of the website.

DISCLAIMER

Each party shall be liable under the statutory provisions in cases of intent and gross negligence and in cases of intent and gross negligence on the part of its legal representatives and agents. The same applies to culpably caused damages resulting from injury to life, limb or health, to damages caused by the absence of a guaranteed quality and in the case of fraudulently concealed defects.

In the case of ordinary negligence on the part of a party, its legal representatives or agents, the party shall only be liable for property and financial losses in cases of a breach of a contractual obligation; this liability shall be limited to typical damages that could be anticipated upon entering into the contract.

Liability under the Product Liability Act (ProdHaftG) remains unaffected. Parties have no liability in any other circumstances.

The provider accepts no responsibility for ensuring that the website or information may be retrieved from locations outside Germany.

Users from outside Germany accessing this website have sole responsibility for compliance with all applicable local laws.

This site contains links (external links) to websites and third-party applications. These websites are the responsibility of their respective operators. The provider reviews links to external content for legal violations before creating an initial link.

At that time no legal violations were apparent. The provider has no influence on the current and future design and content of linked external pages. The inclusion of external links does not mean that the provider owns or endorses the content the link contains.

MOBILE OPERATOR

You hereby acknowledge that the terms and conditions of your mobile network operator (“operator”) apply when you use this website. It may be the case that your operator or a third party provides access to network connections for the duration of use of the website. You assume all costs incurred.

If you are not the person responsible for paying for the mobile phone or handheld the app runs on, it is assumed that you have received permission to use the app from the person liable for payment.

NOTICE AND TAKE DOWN

If a user feels that any information provided within the service infringes his/her or any third-party rights, s/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 has no liability for expenditures, including court and lawyer fees, if legal action is taken, except in cases in which the provider has caused the infringement intentionally, recklessly or negligently.

MISUSE OF THIS WEBSITE

The provider reserves the right to take legal action against possible abuse of this site.

This particularly applies to publication on this site of content that is pornographic, racist, abusive, sexist, discriminatory, harmful to minors, violent or otherwise illegal.

Neither you nor any third party on your behalf may:

Create and distribute copies of the website
or try to copy, reproduce, alter, modify, reverse engineer, disassemble, decompile, transfer, exchange or translate the website
or create products of any kind derived from the website.

CHANGE OF THE TERMS AND CONDITIONS

The provider reserves the right to update these Terms and conditions from time to time and provide the amended Terms and conditions for your inspection.

The provider will inform the user about the change provided that they agreed to the notification.The use of the website and in particular of services and modules is then determined by the modified Terms and Conditions.

APPLICABLE LAW

These Terms and Conditions, including its additions are an agreement solely under the law of the Federal Republic of Germany and the law of the European Union (European Communities), insofar as it is directly applicable within Germany. The Provider and the User waive all other law, including the law at the place of residence or usage of the User (if other than Germany) and any international trade law.

TRADEMARKS AND SERVICE MARKS

Marks for Goods and Services can possibly be used without any identification, such as the ® or TM symbols. This does not mean that such marks were not registered trademarks or service marks or such marks were not protected by any applicable law. Such trademarks and service marks are property of their respective owners and must not be used by Users in any infringing manner.

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.

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 of Use 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.

Should individual provisions of these Terms of Use be or become invalid and/or contrary to the statutory provisions, this will not affect the validity remaining Terms of Use. In place of the invalid, unenforceable term, the Parties shall mutually agree on such valid commercial terms which the Parties would reasonably have agreed otherwise. The above-mentioned provision will apply correspondingly in the case of omissions in these provisions.

We reserve the right to amend and adapt these Terms and Conditions with effect for the future. You can request the currently applicable version of the Terms of Use via contact@peat.ai or access them at www.peat.ai/terms-of-use. 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 of Use within one month after they take effect, you will be deemed to have accepted the new Terms of Use. 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 Notice

Last updated on: [2019-07-11]

The Controller is:
PEAT GmbH
Kastanienallee 4
10435 Berlin
Germany
Geschäftsführerin (Managing Director): Simone Strey
E-Mail: PrivacyTeam@plantix.net

The Data Protection Officer of the Controller is:
Dennis R. Jlussi
paxaru Rechtsanwaltsgesellschaft mbH
Berliner Allee 13
30175 Hannover
E-Mail: datenschutz@paxaru.com

This Privacy Notice applies to the processing of personal data in the context of

the websites www.peat.ai and www.plantix.net (“Website”), and

the mobile applications Plantix and Plantix -Preview (“App”),

the digital community Plantix Community (“Community”).

The Website, the App and the Community are collectively referred to as the “Services”.

Website

When using the Website for information purposes only, i.e. if you do not register or otherwise provide us with information, we only collect the data that your browser transmits to our server. If you view our Website, we collect the following data:

IP address
D ate and time of the request

C ontent of the request (specific page URL, but not the content of the page as such )
Access status/HTTP status code
Web page where the user was referred from (" referer ")
Information about operating system and browser software
Preferred language setting and screen resolution

This data will be processed by us for the following purposes:

Provision of the Website
E valuation of system security and stability
Compile aggregated, anonymous usage statistics that serve to improve the Website

This data may only be personally identifiable via the IP address. Depending on your way of access to the Internet, the IP address may be completely anonymous, or your access provider stores the assignment of a dynamic IP address to you. In the latter case, combining the above-mentioned data with that of your access provider can eventually make a connection between you personally and the above-mentioned data. However, we will only initiate this if this is appropriate in individual cases for the purposes of legal prosecution, and we will otherwise only cooperate in this if this is ordered by competent authorities or courts in individual cases.

The legal basis for the provision of the Website is Performance of Contract. For the other purposes, the legal basis is the Legitimate Interest in keeping the Website and the underlying systems secure, and to improve the usability and performance of the Website. Under no circumstances do we use the data collected for the purpose of drawing conclusions about you personally. The data will be stored until the end of the calendar month following use and then be deleted or anonymized (unless required in individual cases for the purpose of legal prosecution) within two working days.

App

App download

When downloading the App, the necessary information is transferred to the App store, in particular user name, e-mail address and customer ID of your account with the App store provider, time of download, and the individual device identification number. This data processing happens in the context of your use of the App store and within the legal framework you have with your App store provider. We are not controlling this data processing and have no access to this data. However, we may receive anonymous aggregated statistical data from the App store providers based on this personal data.

App usage

The main functionality of the App is to upload pictures of plants that are affected by a disease or pest in order to receive an automated analysis of what the disease or pest possibly is.

If you upload a picture of a plant, we collect in connection with such picture the following data:

User ID (internal) in case you are logged in as a Community user

Location (latitude, longitude, alteration, mobile network provider)
Timestamp

This data is processed for Performance of Contract in order to analyze the possible disease of pest, and (if you are logged in as a Community user) in order to connect the image to your account. We also use the data, together with other data collected:

Image source (image taken with App or uploaded from device storage)
Locale of the App and your device (ISO country code)

Network type (e.g. mobile 3G, mobile 4G, WiFi )

for the purpose of improving the analysis results and algorithms, and improving the performance, stability, security and user experience of the App, based on a Legitimate Interest in these purposes. Under no circumstances do we use the data collected for the purpose of drawing conclusions about you personally. For the latter purposes, we will store and process the data for the lifetime of the Services (without prejudice for any ‘right to be forgotten’ request from you – see below). Generally, after your Community User ID has been deleted (see below for details) or if you take the image without being logged in, the data is anonymous. However, in individual cases you may still be indirectly identifiable through the location data (e.g. if you take images on your private property); we will not undertake any efforts to identify you by this data, and will not co-operate in doing so unless we are legally obliged and ordered to do so by a competent authority or court.

Push Notifications

The App provides Push Notifications that appear in the notification pane of your device. The notifications include information about responses to your Community contributions and important information from us. We do not use push notifications for advertising purposes. You can disable push notifications for individual Community contributions ‘unsubscribing’ from the respective contribution, or disable push notifications entirely in the App settings.

Community

Community as a part of the App

If you use the Community as a part of the App, all information above about the App is applicable to the Community as well.

Community account

If you use the Community as a part of the App, all information above about the App is applicable to the Community as well.

Nickname (pseudonym)
User-ID (internal)
E-mail address
Telephone number
User picture
Selected language(s)

This data is processed by us for the purpose of providing the Community to you and other users. In particular, the base data is required to maintain your user account, and to contact you via e-mail or push notifications. This data is processed for Performance of Contract. We will restrict the processing of this data once you delete your user account. Your data will further be stored in order to document your Community participation for the purposes of legal defense, which is a Legitimate Interest, for the duration of three full years, and afterwards be deleted.

Community usage

In the course of you using the Community, we collect, compute and process the following personal data of you:

Follower connections
User page views
User contributions (public messages)
- User information (your user ID)
- Message subject and body (and any personal data contained therein)
- Timestamp
- Picture uploaded or referenced with the message
- Location data
- Message tags (reference to certain topic categories, e.g. particular plant disease)
- Language of the message
- Message votings
User rank
Reputation

The data bases on interactions of users within the Community and is processed in order to make the Community work in a way that users can interact and trust each other. The follower connections base on you following other users or other users following you, respectively, within the Community. Also, we allow users to up-vote or down-vote certain Community contributions of other users in order to support the quality of contributions. Based on the interactions, we compute users ranks and reputation for your user account in order for other users to get an idea of your seniority within the Community. This data is processed for Performance of Contract. If you choose to delete your Community account, you may request from us to anonymize the data (your contributions will be marked as being from a deleted user). Otherwise, we will continue to store this data out of our Legitimate Interest to maintain Community content that bases on interactions usable for all users (without prejudice for any ‘right to be forgotten’ request from you – see below).

Information Stored on your Device (Cookies etc.)

When you use the Website, the App or the Community, we use technologies to store information on your device. We refer to these technologies as “cookies”, while, for the purpose of this Privacy Notice, this also includes functionally similar technologies (e.g. HTML5 storage objects). Our web server supplying the Website and our servers the App (including the Community) connects to can store cookies on your computer or mobile device, respectively. The cookie data are then transmitted back if your computer or mobile device requests information from our servers, so that cookie data can be processed in order to provide the requested information.

If you use the Website, you can inspect the cookies in your internet browser. You can also adjust your browser settings to accept cookies or not. Also, we ask you whether or not you want to accept cookies on our Website (your choice is stored in a cookie).

We use:

Session cookies which are deleted automatically if you close your browser or the App;
Persistent cookies which remain on your device for a pre-defined period of time.

We use cookies to:

identify anonymous users (so you are re-identified, but the information is not connected you personally)

identify registered users in the App, including the Community

We do only use first-party cookies, i.e. cookies that are only functional towards our servers (including servers of others that process data on our behalf). We do not use any third-party cookies, including cookies that allow others to track your behavior.

Contact Form and E-Mail

When you contact us by e-mail or via a contact form, we will store and process your e-mail address and, if you provide it, your name and telephone number in order to respond to your message. We will restrict the processing of the data arising in this context after processing is no longer necessary. Your message and our response will further be stored in order to fulfill legal obligations (German trade and tax laws, §§ 257 HGB, 147 AO) for the duration of six full years, and afterwards be deleted.

Analytics

For our App, we use Google Fabric and Google Analytics for Firebase, services provided to us by Google, LLC, 1600 Amphitheatre Parkway, Mountain View, CA 94043, USA (“Google”). With both services, we track the behavior of the App (in terms of performance and crash reports) as well as the usage by users. This includes ‘clickstreams’, i.e. which functions of the App you use in which order. You can find the privacy notice for Google Fabric here and the privacy notice for Google Analytics for Firebase here.

We collect the following data in this context:

Special pseudonymous ID
Unique device identifier

Clickstream
App performance data
Basic information about your device (model and operating system)
IP address (truncated and anonymized instantly by Google)

We collect this data in order to fix eventual problems and further improve our App in terms of technology, stability, security and user experience, based on a Legitimate Interest in these purposes. We will fully anonymize the data within a couple of minutes after your usage session. Under no circumstances do we use the data collected for the purpose of drawing conclusions about you personally. Our Services use use Google Analytics, a web analysis service provided by Google. With this service, we track the behavior of users in order to generate anonymous statistics. This included ‘clickstreams’, i.e. which functions of the Website or the App you see in which order. Google Analytics uses Cookies. You can find further information about Google Analytics’ Privacy Policy at http://www.google.com/intl/de/analytics/privacyoverview.html. We collect the following data in this context:

We collect the following data in this context:

Special pseudonymous Cookie ID

Clickstream
IP address
Date and time of the request
Content of the request (specific page URL, but not the content of the page as such)
Information about operating system and browser software

Preferred language setting and screen resolution

We collect this data in order to fix eventual problems and further improve our Services in terms of technology, stability, security and user experience, based on a Legitimate Interest in these purposes. We will fully anonymize the data within 26 months after your usage session. Under no circumstances do we use the data collected for the purpose of drawing conclusions about you personally.

Opt-Out: Within the App, y ou can opt-out from the collection of data through all mentioned Google services by the use of the opt-out switch in the App settings.
On the Website, you can opt-out from the use of Google Analytics by clicking this link: Deactivate Google Analytics

Data Transfers (including third-country transfers)

Ordinary course of internet connections

All Services are based on internet connections. Your data is transferred to us via the internet and vice versa. Also, the data you make public through the Services (e.g. your plant pictures, profile information, Community contributions) are transferred to other users of the service via the Internet. This happens in the course of Performance of Contract. Internet connections are potentially worldwide. Depending on your location, or the locations of other users respectively, data may be transferred to and from countries that have no adequate level of data protection.

Sign-In via Google

You may optionally choose to sign up for the Community via Google Sign-In, using a pre-existing Google account. By doing so, you instruct Google to transfer your personal data (as indicated in the sign-up process by Google; we may request nickname, e-mail address, telephone number and user picture) to us, while Google in return receives the information that you signed up for the Community. Google, LLC, is located in a third county, the United States of America, and has certified itself under the EU-US Privacy Shield program that the EU Commission found to provide adequate protection of personal data. Please consult Google’s terms and privacy policy for more details. The legal basis is Performance of Contract.

Sign-In via Facebook Connect

You may optionally choose to sign up for the Community via Google Sign-In, using a pre-existing Google account. By doing so, you instruct Google to transfer your personal data (as indicated in the sign-up process by Google; we may request nickname, e-mail address, telephone number and user picture) to us, while Google in return receives the information that you signed up for the Community. Google, LLC, is located in a third county, the United States of America, and has certified itself under the EU-US Privacy Shield program that the EU Commission found to provide adequate protection of personal data. Please consult Google’s terms and privacy policy for more details. The legal basis is Performance of Contract.

Legal Bases

We refer to different legal bases in this Privacy Notice. Such terms refer to certain provisions of the General Data Protection Regulation (GDPR):

“Consent” refers to Art 6 para 1 sentence 1 lit a GDPR.
“Performance of C ontract” refers to Art 6 para 1 sentence 1 lit b GDPR.
“Legal O bligation” refers to Art 6 para 1 sentence 1 lit c GDPR (in conjunction with the legal obligation named for each individual case).
“Legitimate Interest” refers to Art 6 para 1 sentence 1 lit f GDPR.

Withdrawal of Consent and Objection to Data Processing

If you have given your Consent to the processing of your data and/or the receipt of marketing e-mails, you can withdraw your Consent at any time with effect for the future. To do this, notify (e.g. by e-mail) the Controller mentioned under 1. above or its data protection officer.

To the extent we base the processing of your personal data on a Legitimate Interest, you may object to the processing. To do this, notify (e.g. by e-mail) the Controller mentioned under 1. above or its data protection officer. If you wish to file such an objection, we kindly ask you to explain the reasons why your interest outweighs ours. In the event of your objection, we will check the situation and either stop or adjust our processing of your data, or point out to you our overriding interest, on the basis of which we will continue our processing.

Your rights

You are entitled to request from us:

Access to your personal data (right to information) pursuant to Art icle 15 GDPR,
Rectification of any inaccurate personal data pursuant to Art icle 16 GDPR .

Erasure of your personal data (“right to be forgotten”) in particular cases in accordance with Art icle 17 GDPR .
Restriction of processing your personal data for the period during which a rectification or erasure request is examined, in accordance with Art icle 18 GDPR.
To receive your personal data in a structured, commonly used and machine-readable format for transmission to another controller ( right to data portability) in accordance with Art icle 20 GDPR .

If you wish to exercise one or several of these rights , please notify (e.g. by e-mail) the Controller mentioned under 1. above or its data protection officer.

Complaints

If you wish to complain about data processing, please notify (e.g. by e-mail) the Controller mentioned under 1. above or its data protection officer. You also have the right to file a complaint with the competent data protection supervisory authority. This is the Berliner Beauftragte für Datenschutz und Informationsfreiheit (Berlin Commissioner for Data Protection and Freedom of Information). If you reside within the European Economic Area (EEA), you may also choose to file your complaint with your local data protection supervisory authority.

Amendments to this Privacy Notice

This Privacy Notice is currently valid as of May 24th, 2018. We reserve the right to amend this Privacy Notice. You can refer to the current version of the Privacy Notice at any time at: http://peat.technology/privacy-notice/ and https://plantix.net/imprint#privacy-notice

Country-Specific Terms for India

Your use of the Services will be subject to our Terms of Use. You will have the rights, and be subject to liabilities, regarding your personal data as are specified under applicable laws.

Consent

By accessing and/ or using the Services, you consent to the collection, use, storage, transfer and processing of your personal data in accordance with this policy. Please read this Privacy Policy carefully to understand how your personal data is handled and your rights in its regard. If you do not agree with any of the terms contained in this Privacy Policy, please do not use or access the Services.

Processing Personal Data of Children

You must be aged 18 years or over to avail of the Services offered by us. If you are aged below 18 years, please ensure your use of our Services is consented to by your parent or legal guardian.

Data Retention

If an individual deletes or deactivates their account, then their personal data will be deleted as per requirements under applicable law.

Changes to Privacy Notice

If we make any material changes to this Privacy Notice, we will notify you either through the email address you have provided us, or by placing a prominent notice on our Website, App and Community. Your continued use of the Service after we post any modifications to the Privacy Notice will constitute your acknowledgment of the modifications and your consent to abide and be bound by the modified Privacy Notice.

Security Standards

We are committed to protecting your personal data from loss, theft and misuse. We take all reasonable precautions to safeguard the confidentiality of your personal data, including through use of appropriate organizational and technical measures.

Data Transfers

While transferring your personal data to another body corporate or natural person, for purposes necessary to perform contractual obligations to you, we will make sure that this is done as required by applicable laws, and that the same level of data protection adhered to by us is adhered to by such entity to whom the data is being transferred.