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Terms of Service
By visiting www.agroptimizer.com (Agroptimizer), you verify that you are a user from the USA. When viewing, accessing, or otherwise using any of the services or generated information, you agree to be bound by the following Terms and Conditions of Service. If you do not want to be bound by our Terms your only option is not to visit, view or otherwise use the services of Agroptimizer. You understand, agree, and acknowledge that these Terms constitute a legally binding agreement between you and Agroptimizer and that your use of Agroptimizer shall indicate your conclusive acceptance of this agreement. You acknowledge and agree that Agroptimizer may contain proprietary and confidential information including trademarks, service marks and patents protected by intellectual property laws and international intellectual property treaties. Agroptimizer authorizes you to view and make a single copy of portions of its content for offline, personal, non-commercial use. Our content may not be sold, reproduced, or distributed without our written permission. Agroptimizer may include hyperlinks to third-party content, advertising or websites. You acknowledge and agree that Agroptimizer is not responsible for and does not endorse any advertising, products or resource available from such resources or websites. Any third-party trademarks, service marks and logos are the property of their respective owners. Any further rights not specifically granted herein are reserved.
When you submit content to Agroptimizer you simultaneously grant Agroptimizer an irrevocable, worldwide, royalty free license to publish, display, modify, distribute and syndicate your content worldwide. You confirm and warrant that you have the required authority to grant the above license to Agroptimizer. The Terms of this agreement will continue to apply in perpetuity until terminated by Agroptimizer without notice at any time for any reason. Terms that are to continue in perpetuity shall be unaffected by the termination of this agreement.
When you create an account, you will be asked to provide a username and password. To protect your account, keep your account details, login credentials, and password confidential. You are responsible for preventing unauthorized users from using your login credentials to access our services. You are solely responsible for the activities of anyone accessing your account using your login credentials. You must promptly notify us of any unauthorized use of your login credentials and promptly change your password if your account has been compromised. You agree not to create an account using any false, inaccurate, or misleading information. You further agree you will not maintain more than one account at any given time.
You understand and agree that your use of Agroptimizer is entirely at your own risk. The content and generated information in Agroptimizer website does not constitute individual professional advice or recommendations of any kind and is not suitable to replace individual advice by experts, taking into account the specific circumstances of the individual case. Your use of, and any reliance upon information from Agroptimizer, including, but not limited to, any information, materials, agronomic information, yield data, historical data, advice, commodity prices, or land valuation is at your own risk. The results of any report, output, or recommendation from Agroptimizer are based by completeness, timeliness, truth, and accuracy of your information. Any incorrect information inputted by you will affect such report, output, or recommendation in a negative manner, potentially rendering them incorrect and/or damaging. Even if your information is complete, timely, true, and accurate, we do not warrant that any output, report, or recommendation made available by or through Agroptimizer will be correct, suitable, or useful for you or your location, increase yields and/or profits, act as a substitute for sound field monitoring and management practices, or any other result or otherwise allow you to meet your goals. You must use your own judgment in determining whether to adopt, use, or comply, in whole or in part, with any report, output, or recommendation from the Agroptimizer.Individual results may vary and are subject to a variety of environmental factors (e.g., weather, disease and pest pressure, soil type, moisture level, and management practices). We are not responsible for any of your acts or omissions resulting from your action or inaction resulting from such report, output, or recommendation.
All of the text, images, products, and materials (including, without limitation, third party products and services, and submissions and creations) made available through or in connection with Agroptimizer are provided to you on an “as is”, “as available”, “with all faults”, and “where-is” basis. Agroptimizer does not make any express or implied warranties, endorsements or representations whatsoever as to the operation of the Agroptimizer website, information, content, materials, or products. This shall include, but not be limited to, implied warranties of merchantability and fitness for a particular purpose and non-infringement, and warranties that access to or use of the service will be uninterrupted or error-free or that defects in the service will be corrected.
You understand and agree that Agroptimizer and any of its subsidiaries or affiliates shall in no event be liable for any direct, indirect, incidental, consequential, or exemplary damages. This shall include, but not be limited to damages for loss of profits, business interruption, business reputation or goodwill, loss of programs or information or other intangible loss arising out of the use of or the inability to use the service, or information, or any permanent or temporary cessation of such service or access to information, or the deletion or corruption of any content or information, or the failure to store any content or information. The above limitation shall apply whether or not Agroptimizer has been advised of or should have been aware of the possibility of such damages. In jurisdictions where the exclusion or limitation of liability for consequential or incidental damages is not allowed the liability of Agroptimizer is limited to the greatest extent permitted by law.
Under no circumstances and under no legal theory (whether in contract, tort, negligence, or otherwise) will we be liable to you or any third party for any indirect, incidental, special, exemplary, consequential, punitive, or other similar damages, including lost profits or business, business interruption, or any other loss incurred by you related to, or in connection with this Agreement or the use of, or inability to use Agroptimizer, regardless of whether we have been advised of the possibility of or could have foreseen such damages.
You understand and agree that the above Terms constitute the entire general agreement between you and Agroptimizer. You may be subject to additional Terms and conditions when you use, purchase or access other services, affiliate services or third-party content or material. Agroptimizer reserves the right to modify these Terms from time to time at our sole discretion and without any notice. Changes to our Terms become effective on the date they are posted and your continued use of Agroptimizer after any changes to Terms will signify your agreement to be bound by them.
In consideration of you making Confidential Information available to us, we agree to the terms set out below:
1.The Term “Confidential Information” shall collectively refer to all non-public information disclosed or provided by one party to the other, either orally or in writing, or obtained by the recipient party from a third party or any other source, concerning any aspect of the business or affairs of the other party or its “affiliates”, including without limitation, any information or material with third parties. Confidential Information also includes any notes, analyses, compilations, studies or other material or documents prepared by the recipient party which contain, reflect or are based, in whole or in part, on the Confidential Information. Notwithstanding the foregoing, Confidential Information shall not include information or material that: (i) is publicly available or becomes publicly available though no action or fault of the recipient party, (ii) was already in the recipient party’s possession or known to the recipient party prior to being disclosed or provided to the recipient party by or on behalf of the other party, provided, that, the source of such information or material was not bound by a contractual, legal or fiduciary obligation of confidentiality to the non-disclosing party or any other party with respect thereto, (iii) was or is obtained by the recipient party from a third party, provided that, such third party was not bound by a contractual, legal or fiduciary obligation of confidentiality to the non-disclosing party or any other party with respect to such information or material, or (iv) is independently developed by the recipient party without reference to the Confidential Information.
- We shall treat all Confidential Information as strictly private and confidential and take all steps necessary to preserve such confidentiality.
- We shall use the Confidential Information solely for the performance of the Services.
- We shall not disclose any Confidential Information to any other person or firm, other than as permitted by item 6 below.
- We shall not disclose or divulge any of the Confidential Information directly or indirectly to any other party.
- Shall not be prohibited the disclosure of Confidential Information:
- To our partners who need to know such Confidential Information to assist with the performance of the Services.
- To our partnerswho need to know such Confidential Information to perform our company’s quality performance review processes.
- With your prior written consent, such consent not to be unreasonably withheld.
- To the extent that such disclosure is required by law, regulation, or professional standards.
- To the extent that such disclosure is required by any rule or requirement of any regulatory authority with which we are bound to comply.
Interpretation and Definitions
The words of which the initial letter is capitalized have meanings defined under the following conditions. The following definitions shall have the same meaning regardless of whether they appear in singular or in plural.
- Account means a unique account created for You to access our Service or parts of our Service.
- Company (referred to as either “the Company”, “We”, “Us” or “Our” in this Agreement) refers to Agstat, 22 DrosiniLechena Elias, Greece.
- Cookies are small files that are placed on Your computer, mobile device or any other device by a website, containing the details of Your browsing history on that website among its many uses.
- Country refers to: Greece
- Device means any device that can access the Service such as a computer, a cellphone or a digital tablet.
- Personal Data is any information that relates to an identified or identifiable individual.
- Service refers to the Website.
- Service Provider means any natural or legal person who processes the data on behalf of the Company. It refers to third-party companies or individuals employed by the Company to facilitate the Service, to provide the Service on behalf of the Company, to perform services related to the Service or to assist the Company in analyzing how the Service is used.
- Usage Data refers to data collected automatically, either generated by the use of the Service or from the Service infrastructure itself (for example, the duration of a page visit).
- Website refers to agroptimizer, accessible from www.agroptimizer.com
- Youmeans the individual accessing or using the Service, or the company, or other legal entity on behalf of which such individual is accessing or using the Service, as applicable.
Collecting and Using Your Personal Data
Types of Data Collected
While using Our Service, We may ask You to provide Us with certain personally identifiable information that can be used to contact or identify You. Personally identifiable information may include, but is not limited to:
- Email address
- First name and last name
- Usage Data
Usage Data is collected automatically when using the Service.Usage Data may include information such as Your Device’s Internet Protocol address (e.g. IP address), browser type, browser version, the pages of our Service that You visit, the time and date of Your visit, the time spent on those pages, unique device identifiers and other diagnostic data.When You access the Service by or through a mobile device, We may collect certain information automatically, including, but not limited to, the type of mobile device You use, Your mobile device unique ID, the IP address of Your mobile device, Your mobile operating system, the type of mobile Internet browser You use, unique device identifiers and other diagnostic data.We may also collect information that Your browser sends whenever You visit our Service or when You access the Service by or through a mobile device.
Tracking Technologies and Cookies
- Flash Cookies. Certain features of our Service may use local stored objects (or Flash Cookies) to collect and store information about Your preferences or Your activity on our Service. Flash Cookies are not managed by the same browser settings as those used for Browser Cookies. For more information on how You can delete Flash Cookies, please read “Where can I change the settings for disabling, or deleting local shared objects?” available at https://helpx.adobe.com/flash-player/kb/disable-local-shared-objects-flash.html#main_Where_can_I_change_the_settings_for_disabling__or_deleting_local_shared_objects_
- Web Beacons. Certain sections of our Service and our emails may contain small electronic files known as web beacons (also referred to as clear gifs, pixel tags, and single-pixel gifs) that permit the Company, for example, to count users who have visited those pages or opened an email and for other related website statistics (for example, recording the popularity of a certain section and verifying system and server integrity).
Cookies can be “Persistent” or “Session” Cookies. Persistent Cookies remain on Your personal computer or mobile device when You go offline, while Session Cookies are deleted as soon as You close Your web browser.
We use both Session and Persistent Cookies for the purposes set out below:
- Necessary / Essential Cookies
Type: Session Cookies
Administered by: Us
Purpose: These Cookies are essential to provide You with services available through the Website and to enable You to use some of its features. They help to authenticate users and prevent fraudulent use of user accounts. Without these Cookies, the services that You have asked for cannot be provided, and We only use these Cookies to provide You with those services.
- Cookies Policy / Notice Acceptance Cookies
Type: Persistent Cookies
Administered by: Us
- Functionality Cookies
Type: Persistent Cookies
Administered by: Us
Purpose: These Cookies allow us to remember choices You make when You use the Website, such as remembering your login details or language preference. The purpose of these Cookies is to provide You with a more personal experience and to avoid You having to re-enter your preferences every time You use the Website.
Use of Your Personal Data
The Company may use Personal Data for the following purposes:
- To provide and maintain our Service, including to monitor the usage of our Service.
- To manage Your Account: to manage Your registration as a user of the Service. The Personal Data You provide can give You access to different functionalities of the Service that are available to You as a registered user.
- For the performance of a contract: the development, compliance and undertaking of the purchase contract for the products, items or services You have purchased or of any other contract with Us through the Service.
- To contact You: To contact You by email regarding updates or informative communications related to the functionalities, products or contracted services, including the security updates, when necessary or reasonable for their implementation.
- To provide You with news, special offers and general information about other goods, services and events which we offer that are similar to those that you have already purchased or enquired about unless You have opted not to receive such information.
- To manage Your requests: To attend and manage Your requests to Us.
- For business transfers: We may use Your information to evaluate or conduct a merger, divestiture, restructuring, reorganization, dissolution, or other sale or transfer of some or all of Our assets, whether as a going concern or as part of bankruptcy, liquidation, or similar proceeding, in which Personal Data held by Us about our Service users is among the assets transferred.
- For other purposes: We may use Your information for other purposes, such as data analysis, identifying usage trends, determining the effectiveness of our promotional campaigns and to evaluate and improve our Service, products, services, marketing and your experience.
Supplier undertakes to comply with all applicable laws and regulations in force on processing of personal data and in particular with Regulation No. 2016/679 (General Data Protection Regulation – GDPR, hereinafter the “Applicable Regulation”), L. 4264/2019 (Protection of Personal Data).
Supplier in its capacity as a data processor guarantees that it:
- does not use the personal data on its own behalf, or for purposes other than those that are necessary
- does not communicate, nor transfer the personal data to unauthorized third parties;
- on data controller’s request, collaborates closely for the completion of any formality or data protection impact assessment or consultation of the authorities relating to the processing in relation to the Services and notably assists the data controller in the event of a request for information or inspection from the competent authorities; furthermore, Supplier informs the data controller of any request or inspection carried out by an authority that it is subject to;
- applies, the data protection by design and by default principles to the tools, products, applications or services that it provides to the data controller;
- does not communicate at any time the personal data to a government entity or any other authority including under legal or regulatory requisition without notifying the data controller beforehand, unless it is obligated to proceed by virtue of the Data Protection Laws to which Supplier is subject. Supplier then informs the data controllerof this legal obligation before the processing, unless the law concerned prohibits such information for important grounds of public interest subject to compliance with article 48 of the Applicable Regulation or other applicable Data Protection Laws;
- collaborates with and assists the data controller, by implementing technical and organizational measures appropriate to the nature of the processing, in order to respond to the requests of the persons concerned with a view to exercising their rights provided for by the Applicable Regulation and any other applicable Data Protection Laws;
- provides to the data controller all the information and any assistance required for the fulfilment of its obligations;
- provides to the data controller all the information required to demonstrate compliance with the obligations stipulated in this article.
- in case of damage caused by the processing of personal data and of a breach of one of the provisions of the Applicable Regulation or any other Data Protection Laws, Supplier, if it fails to prove that the said damage is not imputable to it, agrees to compensate for the material or moral injury suffered by any person.
Nature and purpose of the processing of personal data:
- The Supplier will keep a secured file of and process the person’s personal data, such as general information. The above personal data may be transferred, if required, to third parties, in Greece, or abroad, such as a) associates or b) national or foreign authorities.
Right to object: The person has the right to object to the processing of Data, carried out for the purposes of the Supplier’s legitimate interests or of third parties.
Retention of Your Personal Data
Transfer of Your Personal Data
Disclosure of Your Personal Data
Under certain circumstances, the Company may be required to disclose Your Personal Data if required to do so by law or in response to valid requests by public authorities (e.g. a court or a government agency).
Other legal requirements
The Company may disclose Your Personal Data in the good faith belief that such action is necessary to:
- Comply with a legal obligation
- Protect and defend the rights or property of the Company
- Prevent or investigate possible wrongdoing in connection with the Service
- Protect the personal safety of Users of the Service or the public
- Protect against legal liability
Security of Transactions
All payments made with card are processed through Alpha Bank’s “Alpha e-Commerce” electronic payment platform and use TLS 1.2 encryption with a 128-bit encryption protocol (secure sockets Layer – SSL). Encryption is a way of encoding information until it reaches its assigned recipient, who can decode it by using the appropriate key.
Security of Your Personal Data
The security of Your Personal Data is important to Us, but remember that no method of transmission over the Internet, or method of electronic storage is 100% secure. While We strive to use commercially acceptable means to protect Your Personal Data, We cannot guarantee its absolute security.
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