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Privacy Policy

Your data, your trust, our responsibility

Privacy Policy

Tellus Mater GmbH, registered address at c/o Diamerc AG, Lorzenparkstrasse 2, Cham, Switzerland 6330, telephone: +41 41 508 0394, e-mail: [email protected], acting under the brand name “SeedSoft” (hereinafter “SeedSoft”) takes your privacy seriously. This privacy policy explains how we collect, use, share, and protect your personal information while providing B2B services. If you do not want us to handle your personal information in this manner, please do not use the SeedSoft platform. By accessing https://seedsoft.io (the “Website”) or by using our mobile application Ag SeedSoft (the “App”) you accept and agree to the Terms and Conditions of SeedSoft (“Terms”), which includes your consent to, and authorisation of, the collection, use and disclosure of your personal data in accordance with this privacy policy (“Privacy Policy”).

1. DEFINITIONS

In the Privacy Policy definitions and expressions, which are written in the capital letter, shall have the same meaning as defined down below:

1.1. Personal Data – any information about you, as a natural person, whose identity has been identified directly (using an identifier such as name and surname) or indirectly (according to one or more physical, physiological, genetic, psychological, economic, cultural or social identity features);

1.2. Anonymous Information or non-personal data – information, which is not related to your Personal Data; anonymous information does not allow to identify specific persons and is collected automatically or created using the Personal Data but excluding data (including such as your name or surname), which would allow to identify your identity;

1.3. GDPR – Regulation (EU) 2016/679 of European Parliament and of the Council of dated 27 April 2016 on the protection of natural persons with regard to the processing of personal data and on the free movement of such data, and repealing Directive 95/46/EC;

1.4. User(s), you – any person, who submits Personal Data to SeedSoft while using the SeedSoft platform (services);

1.5. Visitor – any natural person, who visits the Website;

1.6. Personal Data Breach – means a breach of security leading to the accidental or unlawful destruction, loss, alteration, unauthorized disclosure of, or access to, Personal Data transmitted, stored or otherwise processed;

1.7. Privacy Policy – the rules and requirements that are indicated in the Website and establishes the procedure of collection, storage and use of information related to the use of the Website, as well as other relevant provisions;

1.8. SeedSoft or Data Controller, or we, or us, or our – Tellus Mater GmbH, registered address at c/o Diamerc AG, Lorzenparkstrasse 2, Cham, Switzerland 6330, telephone: +41 41 508 0394, e-mail: [email protected];

1.9. Website – website that is available at https://seedsoft.io.

2. GENERAL PROVISIONS

2.1. SeedSoft ensures security and confidentiality of your Personal Data, which is submitted while using Website’s tools, contact details of SeedSoft or submitted in any other way to SeedSoft under the terms and conditions that are set in the Privacy Policy.

2.2. By transmitting Personal Data through the Website or contacting SeedSoft you confirm that you agree with the Privacy Policy, also confirm that your Personal Data would be processed in accordance with the Privacy Policy, except the cases when you give explicit consent using tools available on the Website.

2.3. The Privacy Policy is mandatory to any person, who visits the Website and in any other way uses the Website, any services, tools available on the Website, or any content of the Website, contacts SeedSoft or whose Personal Data are submitted to SeedSoft. If you disagree with this Privacy Policy or any of its provision, you cannot use the Website and any services, tools available on the Website, or any other content of the Website, or contact SeedSoft.

2.4. SeedSoft reserves a right to revise (including to modify, amend, supplement, annul) this Privacy Policy or any part thereof and any linked information. Therefore, you should every time get acquainted with the Privacy Policy valid at the moment of submission of the Personal Data to SeedSoft.

2.5. SeedSoft reserves the right, at its sole discretion, to change, modify, add, remove, discontinue, annul or terminate any portion of the Website and (or) the Website services without prior notice.

3. CONNECTION TO THE WEBSITE

3.1. Each time you as a User use the Website, servers of the Website store information about the connecting device in the login file. In this procedure, regardless your actions, the following data is automatically collected and stored for as long as it is automatically and (or) manually deleted, i. e. the IP address of connecting device, date and time of connection, information about browser you are using and its version, type of the device, and other technical details.

3.2. This information is collected and processed in order you could use our Website, also to guarantee the continued security and stability of the system, technical administration of the network infrastructure, as well as for optimization of SeedSoft service provision and for the internal statistical purposes. In addition, the IP address may be investigated and used in case of violations of the Privacy Policy, attacks against the Website’s infrastructure and in other cases, if this is provided in this Privacy Policy or applicable legal acts.

4. ANONIMITY AND AUTOMATIC PROCESSING OF ANONYMOUS INFORMATION

4.1. The Website creates an opportunity to use it anonymously, i. e. to use it in the way that only Anonymous Information would be collected about you through the Website’s tools. You can use the Website anonymously until you decide otherwise or until you decide to perform the actions, which requires you to disclose your Personal Data (for example, to create an account or to connect to your account, etc.).

5. PERSONAL DATA SECURITY

5.1. We use reasonable technical and organizational measures in order to secure the information (including Personal Data) that we have, from unauthorized access, loss, theft or any unauthorized use, disclosure or modification. For example, all Personal Data is protected by password access. If possible, all our personnel and service providers are required to sign a confidentiality agreement, if full confidentiality is not part of the main agreement between the parties.

5.2. We want to draw your attention to the fact that, despite the fact that we use reasonable measures to protect your Personal Data, SeedSoft may not fully guarantee the security of your information, because it is provided or collected online.

5.3. Please note that if you connect to the Website from, for example, a shared computer, certain information about you may also be visible to other people, including those, who will use the computer after you.

5.4. You may reduce the risk of unauthorized access to Personal Data, if you act with caution and choose the smart means of protection, such as the latest anti-virus software, etc.

5.5. However, in the event that your Personal Data is compromised, we will inform you and relevant institutions on this under procedure stipulated by the applicable legal acts.

6. INFORMATION COLLECTION THROUGH THE WEBSITE

6.1. Your Personal Data is collected directly from you and (or) passively through web beacons, log files.

6.2. When you use SeedSoft, we may collect the following Personal Data from you: full name, email, address, phone number.

6.3. When you send us feedback or contact us via email, we collect your (i) name, (ii) email address, and (iii) any other Personal Data you decide to provide us.

6.4. We shall not, in any manner, make your Personal Data public.

6.5. Our Website also may use web beacons to collect non-personal data about your use of our Website. The information collected by web beacons allows us to statistically monitor how many people are using our Website and selected sponsors’ sites; how many people open our emails; and for what purposes these actions are being taken. Our web beacons are not used to track your activity outside of our Website. We do not link non-personal data from web beacons to personally identifiable information without your permission.

6.6. Sensitive data. We do not collect, under any circumstances, any sensitive data from you, such as your health information, opinion about your religious and political beliefs, ethnic origins, membership of a professional or trade association, or information about your sexual orientation.

6.7. SeedSoft is intended for users 18 and older. We do not knowingly collect Personal Data from anyone younger than age 18. If we become aware that a child younger than 18 has provided us with Personal Data, we will use commercially reasonable efforts to delete such information from our files. If you are the parent or legal guardian of a child younger than age 18 and believe that SeedSoft has collected Personal Data from your child, please contact us at: [email protected].

7. INFORMATION COLLECTION THROUGH THE APP

7.1. Information You Provide. We may collect personal information that you voluntarily provide when you use the App. This may include user name, email address, password and any other information you provide when using the App’s features, such as creating an account or submitting user-generated content.

7.2. Automatically Collected Information. When you use the App, we may automatically collect certain information, including device information, i.e. we may collect information about the device you use to access the App, including the IP address, device type, operating system, unique device identifiers, actions performed in the App.

7.3. Location Information. With your permission, we may collect and process information about your precise location when you use location-based features of the App (this includes things such as your GPS location). You can control location data through your device settings or within the App. We also receive and use some location-related information even if location services is turned off, i.e. this includes IP address for communication with the server and for the usage of the logs in case of errors in the App.

7.4. Camera, voice (microphone) and media storage features. With your permission, we may collect and process content that you provide through our camera feature or your camera roll settings, or through our voice-enabled features. You can control these features through your device settings or within the App. You can review or delete your uploaded content within the App.

7.5. Notifications. With your permission, we may send you some notifications about upcoming events in the App. You can opt out of receiving push notifications from the App by adjusting your device settings.

8. INFORMATION USE

8.1. We use your Personal Data only for the purposes for which such Personal Data is provided. Main purposes are:

8.1.1. Provision of SeedSoft services;

8.1.2. Administration of the Website;

8.1.3. Enhance user’s experience by personalization;

8.1.4. Follow up from contact form submitted;

8.1.5. General, non-marketing communications;

8.1.6. Email / App notifications (with your consent);

8.1.7. Marketing communications;

8.1.8. Access to the SeedSoft platform, logging of activity.

8.2. In certain exceptional cases, the Personal Data collected by us may also be used for audit and security purposes.

8.3. We may use non-personal data that is aggregated for reporting about the Website usability, performance, and effectiveness. It may be used to improve the experience, usability, and content of the Website.

8.4. The information collected by SeedSoft is used for purposes reasonably necessary to our functions and activities, including to fulfil your requests for products and services, to contact you, to improve our services, to conduct research, and to provide general statistics regarding use of the Website.

8.5. Payment processing services may be provided by a third-party payment service, and a management company external to SeedSoft may provide support for the financial activities of SeedSoft.

8.6. Upon your permission, SeedSoft may also use your Personal Data to inform you of other products or services available from SeedSoft and its affiliates, to send you news and information about our activities, and general promotional material which we believe may be useful to you. Upon you permission, SeedSoft may also contact you via surveys to conduct research about your opinion of current services or of potential new services that may be offered.

9. INFORMATION SHARING AND DISCLOSURE

9.1. SeedSoft does not sell, rent, or lease any individual’s Personal Data or lists of email addresses to anyone for marketing purposes, and we take commercially reasonable steps to maintain the security of this information. However, SeedSoft reserves the right to supply any such information to any organization into which SeedSoft may merge in the future or to which it may make any transfer in order to enable a third party to continue part or all of its mission. We also reserve the right to access Personal Data to protect our systems or business, when we reasonably believe you to be in violation of our Terms or if we reasonably believe you to have initiated or participated in any illegal activity. In addition, please be aware that in certain circumstances, SeedSoft may be obligated to access or share your Personal Data to judicial or other government institutions pursuant to applicable law.

9.2. Given the international scope of SeedSoft, Personal Data may be visible to persons outside your country of residence, including to persons in countries that your own country’s privacy laws and regulations deem deficient in ensuring an adequate level of protection for such information. If you are unsure whether this Privacy Policy is in conflict with applicable local rules, you should not submit your information..

9.3. It may be necessary to share information in order to investigate, prevent, or take action regarding illegal activities, suspected fraud, and situations involving potential threats to the physical safety of any person, violations of SeedSofts terms, or as otherwise required by law..

9.4. We may disclose your Personal Data only on the legitimate basis (for example, when required by the law or when we have your consent) and in accordance with the requirements of the applicable laws..

9.5. You agree and confirm that SeedSoft has a right to provide your Personal Data:.

9.5.1. to service providers, who act as processors of Personal Data and provide services to SeedSoft;.

9.5.2. to authorities in the cases specified in legal acts;.

9.5.3. to other third parties, when you submit appropriate request to submit your Personal Data (or to third parties, about who you are clearly informed in the other way and providing of the information is agreed while using the specific service);.

9.5.4. to other business subjects, in case SeedSoft merges with other legal entity, SeedSoft acquires other legal entity or other legal entity acquires SeedSoft, also in cases where the Website or assets related to the Website would be transferred..

9.6. Currently, your Personal Data may be disclosed to third parties that provide professional, technical, and other types of support to us. Current list can be found at: https://seedsoft.io/seed/sub-processors

10. YOUR RIGHTS AND OBLIGATIONS RELATED TO PROCESSING OF YOUR PERSONAL DATA BY SEEDSOFT

10.1. right to be provided with all information about your Personal Data that is processed by us;

10.2. right to revoke the given consent. If you have given us your consent to process your Personal Data, you may revoke it at any time (withdrawal of the consent shall not affect the legality of the consent to the processing of Personal Data performed prior the withdrawal of consent) by contacting us using the contact details specified below in the Privacy Policy;

10.3. right to request access to your Personal Data. You can access your Personal Data, which is processed by SeedSoft. You can get information on how it is collected, how much time your data is stored and who and to what extent they get your data. However, your right of access may be limited by the legal acts;

10.4. right to request rectification of Personal Data. You may require SeedSoft to correct Personal Data that is related to you, if it is incorrect, inaccurate or incomplete;

10.5. right to object. Under certain circumstances, you have the right to object to the processing of your Personal Data, including when your Personal Data is processed on the basis of the legitimate interest. You also have the right to oppose the use of your Personal Data for the direct marketing purposes (only if and when we process data for these purposes);

10.6. right to restriction of processing. If you think that your Personal Data processed by SeedSoft is incorrect or you disagree with the use of the data, you may require SeedSoft that the use of this data should be limited solely to storage. The use shall be limited to the storage, until the verification of the accuracy of the data, or it shall be checked that SeedSoft’s legitimate interests override your interests;

10.7. right to request deletion of Personal Data. If your Personal Data are processed illegally, you disagree to such processing of your Personal Data or there are other legal grounds, you have the right to request that the data be erased in accordance with the restrictions specified in legal acts;

10.8. right to data portability. You have the right to get Personal Data related to you, which you submitted to SeedSoft in a structured, commonly used and machine-readable format, and have the right to transmit those data to another controller in accordance with the procedure established by the legal acts;

10.9. right to be informed about third parties with which your Personal Data has been shared.

10.10. Also, you have a right to submit a claim to the relevant state data protection inspectorate, if you think that the processing of Personal Data that is related to you is performed in breach of the legal acts. However, you always have a right to contact us firstly using the contacts indicated below of this Privacy Policy, if you have additional questions or you want to implement your rights related to the processing of the Personal Data, mentioned above.

10.11. When submitting requests in order to implement rights related to processing of Personal Data, you will be asked to confirm your identity.

11. NEWSLETTER

11.1. One of our purposes for processing your personal data is to provide you several times a year with information on our activities and to let you know about upcoming events. The lawful basis we rely on for the processing is your consent.

11.2. In order to send you our newsletter(s) we need your e-mail address and, for certain newsletters, your name. Optionally you can also provide us with information about the post you occupy and your organisation.

11.3. We keep your data for the purpose of sending you our newsletter(s) for as long as you have not withdrawn your consent or objected to such processing of your data.

11.4. Where we rely on your consent to our processing your personal data for sending you the newsletter(s), you have the right to withdraw your consent. Where we rely on our legitimate interest, you can object to the processing of your personal data for this purpose at any time.

11.5. You may remove yourself from offers and promotional emails by clicking on the “unsubscribe” link in any communication from SeedSoft including e-mail marketing, or by sending your request to [email protected].

12. CHANGE OF INFORMATION

12.1. We take reasonable steps to ensure that all Personal Data we hold is accurate, complete and up to date. You should promptly notify us if there are any changes to the Personal Data we hold about you.

12.2. You may ask us at any time to correct Personal Data held by us about you, which you believe is incorrect or out of date. We will deal with such requests within a reasonable time.

12.3. If we disagree as to the accuracy of the information, you may request that we attach a statement to that information noting that you consider it to be inaccurate, incomplete or out of date.

13. RETENTION PERIOD

13.1. We will only retain your Personal Data for as long as necessary to fulfil the purposes we collected it for, including for the purposes of satisfying any legal, accounting, or reporting requirements.

13.2. To determine the appropriate retention period for Personal Data, we consider the amount, nature, and sensitivity of the Personal Data, the potential risk of harm from unauthorised use or disclosure of your Personal Data, the purposes for which we process your Personal Data and whether we can achieve those purposes through other means, and the applicable legal requirements.

13.3. In some circumstances we may anonymise your Personal Data (so that it can no longer be associated with you) for research or statistical purposes in which case we may use this information indefinitely without further notice to you.

14. ACCESS TO PERSONAL INFORMATION

14.1. You are entitled to request access to any Personal Data relating to you that has previously been supplied to us over this Website. You are entitled to edit or delete such information unless we are required by law to retain it.

14.2. We will process requests for access to Personal Data within a reasonable time, depending on the nature of the request. Appropriate identification of the individual concerned will be confirmed before access is provided. There is no fee charged for requesting access to your Personal Data..

15. CHANGES TO THIS PRIVACY POLICY

15.1. SeedSoft may update this Privacy Policy from time to time by posting an updated Privacy Policy on our Website. We encourage you to periodically review this Privacy Policy to remain updated about SeedSofts privacy practices.

16. THIRD PARTIES

16.1. This Privacy Policy does not apply to the practices of companies that SeedSoft does not own or control, or to people that SeedSoft does not employ or manage.

16.2. SeedSoft does not control, and does not accept any responsibility or liability for, the privacy policy of, and use of Personal Data by, any party other than SeedSoft, including any user of the Website and (or) SeedSoft platform (services);.

16.3. SeedSoft may transfer information about you if SeedSoft is legally acquired to. In this event, SeedSoft will notify you before information about you is transferred and becomes subject to a different privacy policy.

16.4. We may transfer to, and store the data we collect about you in, countries other than the country in which the data was originally collected, including the United States, Canada or other destinations outside the European Economic Area (“EEA”). Those countries may not have the same data protection laws as the country in which you provided the data. When we transfer your data to other countries, we will protect the data as described in this Privacy Policy and comply with applicable legal requirements providing adequate protection for the transfer of data to countries outside the EEA.

16.5. If you are located in the EEA, we will only transfer your personal data if:

16.5.1. the country to which the personal data will be transferred has been granted a European Commission adequacy decision; or

16.5.2. we have put in place appropriate safeguards in respect of the transfer, for example we have entered into EU standard contractual clauses and required additional safeguards with the recipient, or the recipient is a party to binding corporate rules approved by an EU supervisory authority.

16.6. You may request more information about the safeguards that we have put in place in respect of transfers of personal data by contacting us as at [email protected].

17. MISCELLANEOUS

17.1. The Website is hosted in the Federal Republic of Germany, through Hetzner Online GmbH as a main hosting services provider, and in the Swiss Confederation, through Infomaniak Network SA as a back-up hosting services provider. SeedSoft makes no claims that the content on the Website is appropriate or may be downloaded outside of the Federal Republic of Germany or the Swiss Confederation.

17.2. Access to the content may not be legal by certain persons or in certain countries. If you access the Website from outside the Federal Republic of Germany or the Swiss Confederation, you do so at your own risk and are responsible for compliance with the laws of your jurisdiction.

17.3. Section headings are for reference purposes only and do not define, limit, construe or describe the scope or extent of such section.

17.4. Any action or proceeding arising out of or related to the Privacy Policy of the Website must be brought in the court of the Federal Republic of Germany, and you consent to the exclusive personal jurisdiction and venue of such courts.

17.5. This Privacy Policy shall be governed by, and construed in accordance with, the laws of the Federal Republic of Germany, without regard to its conflict of law rules.

17.6. We shall not be liable for failure to perform or delay in performing any obligation under this Privacy Policy, if the failure or delay is caused by any circumstances beyond its reasonable control, including, without limitation, acts of God, war, hostilities, invasion, act of foreign enemies, terrorism or civil disorder, storm, earthquake or any other natural disaster of overwhelming proportions (“Force Majeure”).

18. NOTICES

18.1. The email address for support issues is [email protected].

18.2. The E-mail address for communications in relation to data subject rights is [email protected].

18.3. If you have questions regarding this Privacy Policy, if you want to know more about the Personal Data we have of yours, or if you want to raise a question with us then please contact us.

18.4. We may need to request specific information from you to help us confirm your identity and ensure your right to access your Personal Data (or to exercise any of your other rights). This is a security measure to ensure that Personal Data is not disclosed to any person who has no right to receive it. We may also contact you to ask you for further information in relation to your request to speed up our response.

18.5. We shall respond to all legitimate requests within one month unless your request is particularly complex or you have made a number of requests. In this case, we will notify you and keep you updated and may take longer to respond.

18.6. If you require further information regarding our Privacy Policy, or have any complaints or concerns, please contact us at the following address: E-mail: [email protected] or [email protected].

Last updated in September 2023