Privacy Policy

Privacy Policy

  • Your use of User personal information received through the Platform is governed by our Privacy Statement located at http://farmcrawlhamilton.ca

Use of Beacons

  • We shall deliver to you a Beacons order by You on the Order Form for Your use in Your Location in connection with Your Use of the Platform during the Term. [If the Beacons are leased, You agree to return the Beacons to Us at of the end of the Term , in the same condition as they were provided to You. You shall make the Beacon available for pick-up by an authorized FARMCRAWL representative during normal business hours, subject to Us providing at least four (4) hours prior notice. We will provide You assistance in the installation of the Beacon(s) and setting its range, at no additional cost. You shall be responsible for ensuring that the Beacon remains activated and are not lost, stolen or damaged in any way].

Intellectual Property Rights.

  • Ownership. You acknowledge and agree that, as between Us and you, We (or our licencors) are the sole owner of and retain all right, title and interest in and to the Intellectual Property (excluding Your Content provided through the Platform), and any usernames or other resources that may be assigned in connection with Your use of the Platform and all modifications, improvements and derivatives of any of the foregoing. You hereby assign and agree to assign to Us (or our licencors as applicable) all of Your rights that You might otherwise derive through Your use of the Intellectual Property including but not limited to all derivatives, enhancements and improvements thereof. Except for the limited rights and licenses expressly granted to You here under, neither these Terms nor Our performance of Our obligations here under shall be construed as conferring upon You any right or license in or to the Intellectual Property, by implication, estoppel or otherwise. All uses of the Marks will inure solely to the benefit of Us and our licencors. Upon the expiration or termination of these Terms for any reason, you agree to delete and otherwise discontinue all uses of the Intellectual Property. You disclaim any right, title or interest in or to the Marks and will not take any action to create a unitary composite mark involving a Mark. You agree that you will not contest or impair Our or our licencor’s rights in and to the Marks. You acknowledge that any relationship that You develop with Users is non-exclusive. We and Our other retail customers, advertisers and other partners have the right to communicate directly with Users, including but not limited through emails, push notifications and other forms of communication.
  • Feedback. In consideration of Your access to the Services, (i) You agree to notify Us of any problems, bugs, usability or performance or other issues You discover with respect to the Platform or any Services; and (ii) You may share with Us suggestions, improvements, ideas for enhancements or other feedback regarding the Platform and Services (together, (i) and (ii) are “Feedback”). All such Feedback shall be owned exclusively by our licencors and You hereby assign and agree to assign to our licencors all right, title and interest in and to such Feedback and all Intellectual Property Rights therein.
  • Usage and Performance Metrics. You acknowledge and agree that, We and our licencor’s may (i) collect anonymous usage and performance data with respect to Your use and performance of the Platform; and (ii) analyze Your usage on an anonymous aggregate basis; in each case to measure and analyze usage and performance metrics of the Platform and disclose such usage data in aggregate form (e.g., not specifically identifying You).
  • Your Ownership of Content and Your Marks and License to Us. As between You and Us, You own all Your Content (excluding any publicly available content incorporated into Your Content), Your Marks and Your Products. You hereby grant to Us and our subcontractors, licencors and vendors as applicable during the Term a non-exclusive, royalty-free, worldwide, revocable license to use, copy, store, publicly display, publicly perform, stream and modify (including standardize, optimize, crop or otherwise reformat for distribution) Your Content and Your Marks in connection with Your use of the Platform and streaming of Your Content to Users through the App. Except for the limited rights and licenses expressly granted by You to Us here under, neither these Terms nor Our performance of Our obligations here under shall be construed as conferring upon Us any right or license in or to Your Content or Your Marks, by implication, estoppel or otherwise. All uses of Your Marks inure solely to Your benefit. Upon the expiration or termination of these Terms for any reason, We will delete and discontinue all uses of Your Marks.
  • Promotion. You grant Us and our licencors the limited right for trade, promotional and marketing purposes to use Your name, Your Marks, URL, and other identifying indicia of any of Your Products, applications or uses of the Platform to indicate that You are a customer of Ours and/or the Platform.

Warranties and Disclaimers.

  • Our Warranties. We warrant that (i) We have full power and authority to enter into this Agreement and to carry out the transactions contemplated herein; and (ii) this Agreement has been duly and validly executed and delivered by Us and, once duly executed and delivered by You, constitutes a legal, valid and binding obligation of Ours.
  • WARRANTY DISCLAIMER. EXCEPT AS PROVIDED IN SECTION 7.1 ABOVE, THE PLATFORM, THE APP, THE BEACONS, USER INFORMATION, AND ALL DATA AND SERVICES ARE PROVIDED “AS IS” AND WE AND OUR LICENCORS MAKE NO OTHER WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, STATUTORY OR OTHERWISE, AND WE SPECIFICALLY DISCLAIM ALL IMPLIED WARRANTIES, INCLUDING, WITHOUT LIMITATION, ANY WARRANTIES OF MERCHANT-ABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT OR WARRANTIES THAT MAY ARISE BY OPERATION OF LAW. WITHOUT LIMITING THE FOREGOING, WE DO NOT MAKE ANY WARRANTIES THAT THE PLATFORM, DATA OR ANY RELATED SERVICES ARE FREE FROM ANY BUGS, ERRORS, DEFECTS OR OMISSIONS NOR THAT YOU WILL BE ABLE TO ACHIEVE ANY SPECIFIC RESULT OR SUCCESS AND YOU ACCEPT THE ENTIRE RISK ARISING OUT OF YOUR USE OF OR INABILITY TO USE THE PLATFORM, DATA, BEACON OR OTHER SERVICES OFFERED HERE UNDER. THE FOREGOING DISCLAIMERS WILL APPLY TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW.
  • Your Warranties. You represent, warrant and covenant that: (a) You have the legal power to enter into this Agreement, and doing so will not conflict with any agreements or obligations You owe to any third party; (b) You have the right and authority to and have obtained all necessary consents required to use and provide Your Content for the purposes described herein; (c) use of Your Content in connection with the Platform shall not infringe the Intellectual Property Rights or privacy rights of any third party; and (d) You shall comply with all applicable laws in connection with Your use of the Platform and all User Information and in connection with all of Your and Your Users actions under this Agreement.
  • Indemnity. You will defend, indemnify and hold Us and Our directors, officers, employees, suppliers, consultants, contractors, licencors, suppliers and agents (the “Indemnified Parties”) harmless from any claim, demand, action or suit asserted by a third party, and all costs, liabilities, judgments, expenses and damages, including reasonable attorneys’ fees (collectively, “Losses”) suffered, sustained, incurred or paid in connection therewith, arising out of, resulting from or related to Your Content and Your Products, Your misuse of any User Information or the Platform or Service or any other breach by You of these Terms, including but not limited to any claim that Your Content infringes any proprietary, intellectual property or personal right of any third party or violates any law rights of such third party or violate any law or any other violation by You of any applicable laws, rules, regulations or statutes. You will not enter into any settlement that imposes any liability or obligation on Us or other Indemnified Parties, or contains any admission or acknowledgement of wrongdoing (whether in tort or otherwise), without Our prior written consent.

LIMITATION OF LIABILITY

  IN NO EVENT WILL WE OR OUR LICENCORS OR SUPPLIERS BE LIABLE TO YOU, YOUR AFFILIATES, USERS OR ANY OTHER THIRD PARTY FOR ANY LOSS OF PROFITS, LOSS OF USE, LOSS OF REVENUE, LOSS OF GOODWILL, LOSS OF DATA OR ANY INTERRUPTION OF BUSINESS, OR FOR ANY INDIRECT, SPECIAL, INCIDENTAL, EXEMPLARY, PUNITIVE OR CONSEQUENTIAL DAMAGES OF ANY KIND ARISING OUT OF OR IN CONNECTION WITH THIS AGREEMENT OR THE PLATFORM OR SERVICES, REGARDLESS OF THE FORM OF ACTION, WHETHER IN CONTRACT, TORT, STRICT LIABILITY OR OTHERWISE, EVEN IF WE HAVE BEEN ADVISED OR IS OTHERWISE AWARE OF THE POSSIBILITY OF SUCH DAMAGES. THE FOREGOING DISCLAIMER WILL APPLY TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW. IN NO EVENT WILL OUR OR OUR LICENCOR’S TOTAL AGGREGATE LIABILITY ARISING OUT OF OR RELATED TO THIS AGREEMENT EXCEED THE GREATER OF (I) $100.00 OR (II) THE AMOUNTS PAID BY YOU TO US DURING THE THREE MONTH PERIOD PRECEDING THE INITIAL CLAIM. MULTIPLE CLAIMS WILL NOT EXPAND THIS LIMITATION. THE PARTIES ACKNOWLEDGE THAT THE FOREGOING LIMITATIONS ARE A FUNDAMENTAL BASIS FOR THE BARGAIN BETWEEN THE PARTIES. THE FOREGOING DISCLAIMER WILL APPLY TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW.

  • Termination. Without limiting its other rights or remedies, We may immediately terminate these Terms, or discontinue, suspend, terminate or block Your or any of Your User’s use of the Platform, the Platform Data and/or the Marks at any time in its sole discretion. Effective upon termination, you must cease using the Platform, the Marks and all other Intellectual Property. You agree to pay all Fees due for Your use of the Platform up until the effective date of termination. When these Terms come to an end, those terms and conditions that by their nature are intended to continue indefinitely will continue to apply, including but not limited to Sections 5 through 16. You acknowledge that if you violate these Terms, We have the right to terminate your use of the Platform and all other rights licensed to you here under and/or take legal action against you in its sole discretion.
  • Termination. Without limiting its other rights or remedies, We may immediately terminate these Terms, or discontinue, suspend, terminate or block Your or any of Your User’s use of the Platform, the Platform Data and/or the Marks at any time in its sole discretion. Effective upon termination, you must cease using the Platform, the Marks and all other Intellectual Property. You agree to pay all Fees due for Your use of the Platform up until the effective date of termination. When these Terms come to an end, those terms and conditions that by their nature are intended to continue indefinitely will continue to apply, including but not limited to Sections 5 through 16. You acknowledge that if you violate these Terms, We have the right to terminate your use of the Platform and all other rights licensed to you here under and/or take legal action against you in its sole discretion.
  • Governing Law and Jurisdiction. This Agreement shall be governed, construed and enforced in accordance with the laws of The Republic of South Africa, without regard to its conflict of laws provisions. You acknowledge that our licencor, Allxs is a third party beneficiary to this Agreement and shall have the right, jointly or severally, to bring a claim directly against You.

Privacy

This Privacy Policy describes how and when FARMCRAWL collects, uses, and shares your information when you use our websites and FARMCRAWL mobile applications (the “Services.”) FARMCRAWL receives your information through our mobile applications, websites, email notifications, and other interactions with our Services. When using any of our Services you consent to the collection, transfer, manipulation, storage, disclosure and other uses of your information as described in this Privacy Policy. Irrespective of which country you reside in or supply information from, you authorize FARMCRAWL to use your information in the Republic of South Africa and any other country where FARMCRAWL operates. Personal Information Collection and Use.

FARMCRAWL collects personal information from visitors to our Website that fill out a contact form. The personal information collected via the contact form could include, for example, first and last name, address, telephone number, email address, job position and company name. If you fill out the contact form, the personal information provided by you to FARMCRAWL could be used by us to initiate contact with you regarding your request for a quote, to process your order, deliver services and help provide better services to you, send you newsletters and updates and other information, update our records, communicate with you about our products and services including new products and services which we think might interest you, invite you to participate in a product or service-related surveys and generally maintain your accounts with us.

We also collect personal information you provide in connection with your use of our mobile application Services. The types of personal information we may collect include your name, email address, phone number birthday, Twitter and/or Facebook usernames, location, use information regarding how you use our Services and those of our partners and browser information. The personal information you provide is used for such purposes as allowing you to set up a user account and profile, improving the content of the Services, customizing the advertising and content you and your friends see (including third-party advertising and content), and communicating with you about specials and new features. Your Services account will be associated with your email and this account will be used for all our Services that you use. We may also collect non-personally identifiable information through automated means, as described below. Because the nature of our business does not appeal to children under the age of 13, we do not knowingly acquire or receive any information from children.

Location Information: You may tell us your exact location if you choose to enable your computer or mobile device to send us location information. We automatically receive your location when you use the Services. We use various technologies to determine location, such as location services of the applicable operating system or browser and sensor data from your device that may, for example, provide information on nearby Wi-Fi- access points and cell towers.

We may also determine your location based on beacons that may be located in stores and other partner locations. We may use and store information about your location to provide features of our Services, such as suggest nearby recommendations, and to improve and customize the Services. In addition, our business partners and other third parties with whom we do business or who provide services to us in connection with our Services may use your location to personalize offers, discounts and information that is made available to you through our Services. We may share your account name and preferences with our business partners, that you either up-load into the Service or that are generated through your use of the Services. We will not share your email address with our business partners for purposes of their marketing to you unless you opt-in to provide such personal information to such business partners. We may use the location information we receive to customize the content you see and to adapt the Services of our community to your needs, to research the effectiveness of our network and Services, and to develop new tools for the community. You may at any time disable the Bluetooth technology used in our Services that provides to us your location when you are in range of a beacon. In such case, you can still use our Services but will not receive notifications regarding deals, events, discounts or other offers from our business partners that rely on beacons to determine your location.

Automated Information Collection

Non-Personal Information

  • In addition to personal information, we may collect certain non­personally identifiable information. Non­personally identifiable information is information that does not personally identify you, including anonymous information and aggregate data. Examples include IP addresses, browser types, domain names, and other anonymous statistical data regarding your use of the Website. We may use this data in a way that does not disclose any of your personally identifiable information, including, but not limited to, for purposes of developing derivative product and/or service offerings. We may use this information to understand better how our visitors use our site and our Services, research our visitors’ and user’s demographics, interest, and behavior, improve the site and Services, provide customized services and information, determine your location and for other similar purposes. We may link this information to personal information you submit while on our site and using our Services. We may use this non-personally identifiable information and share non-personally identifiable information with others for information or promotional purposes, each to the extent permitted by law.
  • Links: We may keep track of how you interact with links across our Services, including our email notifications, third-party services, and client applications, by redirecting clicks or through other means. We do this to help improve our Services by learning from user behavior to make improvements.
  • Cookies: Like many websites, we use “cookie” technology to collect additional website usage data and to improve our Services, but we do not require cookies for many parts of our Services. A cookie is a small data file that is transferred to your computer’s hard disk. We may link information we store in cookies to personal information you submit while on our site. Cookies also allow us to make your visit to our Website easier by recognizing you when you return and help to provide you with a more customized experience. FARMCRAWL may use both session cookies and persistent cookies to better understand how you interact with our Services, to monitor aggregate usage by our users and web traffic routing on our Services, and to customize and improve our Services. Most Internet browsers automatically accept cookies. If you do not want cookies from 1App or other websites, you can instruct your browser, by changing its settings, to stop accepting cookies or to prompt you before accepting a cookie from the websites you visit. However, some Services may not function properly if you disable cookies.
  • Log Data: Our servers automatically record information (“Log Data”) created by your use of the Services. Log Data may include information such as your IP address, browser type, operating system, the referring web page, pages visited, location, your mobile carrier, device and application IDs, search terms, and cookie information. We receive Log Data when you interact with our Services, for example, when you visit our websites, use the mobile app, or interact with our email notifications. 1App uses Log Data to provide our Services and to measure, customize, and improve them.

Web Analytics and Internet-Based Advertisers

  • To help us understand our interactions with you, we may permit web analytics providers and other providers to collect, process and track information on our website and through our Services using the technologies described above. We may also share personal information with these companies. We may have similar arrangements with internet-based advertisers that might display ads when you visit our website and use our Services. These companies may collect personal and other information about your visits to this and other sites and locations you visit using our Services, to provide ads about products and services that might be of interest to you. The privacy policies and practices of these third party providers will govern their use and collection of this information. To opt out of interest-based website advertising, you can use Evidon’s Global Opt-Out tool at www.evidon.com.

Social Media Widgets

  • Our Website includes social media features such as the Facebook “Like” button and LinkedIn (that might include widgets such as the share this button or other interactive mini-programs). These features may collect your IP address, which page you are visiting on our site, and may set a cookie to enable the feature to function properly. These social media features are either hosted by a third party or hosted directly on our Website. Your interactions with these features are governed by the privacy policy of the company providing it.

Do Not Track

  • Our Website is not designed to respond to “do not track” requests from browsers. Third-Party Service Providers: FARMCRAWL uses a variety of third-party services to help provide our Services, such as hosting our various blogs and wikis, and to help us understand the use of our Services, such as Google Analytics. These third-party service providers may collect information sent by your browser as part of a web page request, such as cookies or your IP address.

Information Sharing and Disclosurek

    • Service Providers: We engage service providers to perform functions and provide services to us in the United States and abroad. We may share your personal information with such service providers subject to confidentiality obligations consistent with this Privacy Policy, and on the condition that the third parties use your personal information only on our behalf and pursuant to our instructions. Law and Harm: Notwithstanding anything to the contrary in this Policy, we may preserve or disclose your information if we believe that it is reasonably necessary to comply with a law, regulation or legal request or otherwise in cooperation with an ongoing investigation by a governmental authority or agency; to protect the safety of any person; to address fraud, security or technical issues or to enforce or apply our Terms of Service and Privacy Policy; or to protect FARMCRAWL’s rights or property. However, nothing in this Privacy Policy is intended to limit any legal defenses or objections that you may have to a third party’s, including a government’s, request to disclose your information.
    • Business Transfers: We may share your personal information with our parent company, subsidiaries, joint ventures or other companies under common control that we may have now or in the future, in which case we will require them to honor this Privacy Policy. In the event that FARMCRAWL is involved in a bankruptcy, merger, acquisition, reorganization or sale of assets, your information may be sold or transferred as part of that transaction. The promises in this Privacy Policy will apply to your information as transferred to the new entity or the new entity’s privacy policy.
    • Non-Private or Non-Personal Information: We may share or disclose your non-private, aggregated or otherwise non-personal information, such as the number of users who clicked on a particular link (even if only one did).
    • We do not collect sensitive personal information (such as medical or health conditions, racial or ethnic origin, political opinions, religious or philosophical beliefs, trade union membership or information specifying the sex life of an individual), but if we were to do so, we would require opt-in consent for the sharing of any sensitive personal information.

Security Measures

      • FARMCRAWL works hard to protect data it collects from loss, misuse, unauthorized access or disclosure, alteration and destruction. FARMCRAWL uses Secured Socket Layer (SSL) or other comparable technology to encrypt any sensitive information that you provide to us. In addition, all contact information provided by you is stored by FARMCRAWL in a password protected database on a secure server. However, no Internet or e­mail transmission is ever fully secure or error free. In particular, e­mail sent to or from our site may not be secure, and you should therefore take special care in deciding what information you send to us via e­mail. Although we take commercially reasonable measures to safeguard against unauthorized disclosures of information, we cannot assure you that your personal information will never be disclosed in a manner that is inconsistent with this Privacy Policy. You acknowledge that we are not responsible for any intercepted information sent via the internet.

Accessing, Correcting or Updating Personal Information

        • You have the right to access your personal information in order to correct, amend, update or delete information that is inaccurate or to request that we no longer use your personal information. If you have any questions or concerns regarding FARMCRAWL’s collection, use or disclosure of your personal information or if you wish to change, amend, delete or review your personal information, please send a letter or email with your request and current contact information to FARMCRAWL at:

farmcrawl@gmail.com

223 Weirs Ln, Dundas, ON L9H 5E1

Effective: Jan 01, 2015