“UCROP.IT” PRIVACY POLICY

 

  1. INTRODUCTION

 

UCROPIT S.A., taxpayer ID: CUIT N° 30-71698370-2, with offices at Paraguay 1225, 10th floor, City of Buenos Aires, Argentine Republic, and its controlling, controlled and directly and indirectly related companies (UCROP.IT S.A. and said companies are collectively referred to as “UCROP.IT“), has drawn up this Privacy Policy (the “Policy“) to inform the way in which it processes or could process the personal data that it collects or receives from: (i) farmers and their collaborators who register in the Application (as said term is defined below) to load data related to geo-referenced fields and crop production, among others (the “Farmers“); (ii) UCROP.IT customers who have agreed to access and use the Application in order to access all or certain data uploaded there by the Farmers, provided that they have granted them access to said information (the “Customers“); and (iii) reviewers hired by UCROP.IT, as the case may be and provided that the Farmers have granted them access to the data they upload to the Application, to monitor, control or audit the tasks carried out by the Farmers in order to verify that they comply with the obligations undertaken with UCROP.IT and, eventually, with the Customers (the “Reviewers“, and jointly with the Farmers and Customers, the “Holders“). 

 

  1. CONSENT

 

When entering and/or using the website https://ucrop.it/ and/or the mobile application called ucrop.it (jointly, the “Application“) and/or by providing their personal data to UCROP.IT and/or contracting with UCROP.IT, the Holders give their free, voluntary, prior, express and informed consent to UCROP.IT to process their personal data in accordance with the provisions set out in this Policy. 

 

The free, voluntary, prior, express and informed consent to this Policy by the Holders is an essential requirement for them to be able to use the Application. In order to accept this Policy, the Holders must analyze its terms in their entirety and click on the “I agree” button at the end of this Policy.

 

  1. PERSONAL DATA COLLECTION

 

UCROP.IT collects and processes the Holders’ personal data as confidential, in good faith and in accordance with applicable laws.

 

Unless otherwise provided for in the applicable laws, UCROP.IT may collect process and store in its databases the following Holders’ personal data (the “Data“), including but not limited to:

 

Farmers 

 

  • Registration in the Application: (i) full name or company name, as appropriate; (ii) email address; (iii) contact landline or mobile phone number; (iv) country of residence or legal place of business, as appropriate; (v) National Identity Document (DNI), Unique Labor Identification Code (CUIL), Unique Taxpayer Identification Code (CUIT) or equivalent document or ID used in the countries in which the Farmers reside -for example, Identity Card and/or Unique Taxpayer Registry (RUC) for those Farmers who reside in the Republic of Paraguay-, as appropriate; (vi) supporting documents proving the authority and/or representation invoked, if applicable; and (vii) supporting documents of the information provided during the registration process in the Application.

 

  • Crop Information. Use of the Application: (i) demographic information, location and details of crops; (ii) affidavits and data contained therein; (iii) digital maps, polygons corresponding to the fields and plots where the production of traceable crops is carried out; (iv) geo-located photos of sown/emerged crops, fertilizer and/or phytosanitary application documents, application letterhead, application recipe, work order, field report, yield estimate load to be obtained, geo-localized photos of machinery in the plots, tractors with harrows, sprayers, fertilizers and harvesters; (v) number of plots, (vi) number of hectares per lot, per crop and per field, (vii) planting plan, (viii) annual budget; (ix) property title of the field, lease agreement, sharecropping agreement, power of attorney, usufruct, proof to that effect obtained through the Simplified Agricultural Information System (SISA) at the portal of the Federal Administration of Public Revenue (AFIP) or other equivalent proof available in the Farmer’s country of residence, and any document that evidences the legal use and tenure of the lands for agricultural exploitation; (x) license agreements; (xi) inputs and various tax and payment receipts related to the purchase/acquisition of the land and to the right of use; (xii) information regarding the business benefits obtained and the fulfillment of the obligations undertaken before UCROP.IT and other users of the Application, if applicable; and (xiii) all other data relevant to the agricultural production, the sustainable practices as well as all other information that may be necessary and relevant for the construction of different indices and measurements related to the activity of the Farmers, such as toxicity indices of phytosanitary applications and CO2 emission and capture, among others. 

 

Customers

 

  • Registration in the Application: (i) full name or company name, as appropriate; (ii) email address; (iii) contact landline or mobile phone number; (iv) country of residence or legal place of business, as appropriate; (v) National Identity Document (DNI), Unique Labor Identification Code (CUIL), Unique Taxpayer Identification Code (CUIT) or equivalent document or ID used in the countries in which the Customers reside -for example, Identity Card and/or Unique Taxpayer Registry (RUC) for those Customers who reside in the Republic of Paraguay-, as appropriate; (vi) supporting documents proving the authority and/or representation invoked, if applicable; and (vii) supporting documents of the information provided during the registration process in the Application.

 

  • Crop Information. Use of the Application: (i) license agreements or other agreements entered into with UCROP.IT and other users of the Application, and all data included therein, and (ii) information related to the Customer’s fields of interest, the granting of business benefits and the compliance with the obligations undertaken with UCROP.IT and other users of the Application, if applicable. 

 

Reviewers

 

  • Registration in the Application: (i) full name or company name, as appropriate; (ii) email address; (iii) contact landline or mobile phone number; (iv) country of residence or legal place of business, as appropriate; (v) National Identity Document (DNI), Unique Labor Identification Code (CUIL), Unique Taxpayer Identification Code (CUIT) or equivalent document or ID used in the countries in which the Reviewers reside -for example, Identity Card and/or Unique Taxpayer Registry (RUC) for those Reviewers who reside in the Republic of Paraguay-, as appropriate; (vi) supporting documents proving the authority and/or representation invoked, if applicable; and (vii) supporting documents of the information provided during the registration process in the Application.

 

  • Crop Information. Use of the Application: (i) fields and plots object of the monitoring, control and/or audit tasks by the Reviewers and with respect to Farmers; (ii) results of the aforementioned monitoring, control and/or audit tasks; (iii) agreements entered into with UCROP.IT or other users of the Application; and (iv) compliance with the obligations undertaken with UCROP.IT and other users of the Application, if applicable.

 

UCROP.IT collects the Data through, among others, the Application, unrestricted public access sources, agreements and electronic transmission of data (Internet), as well as from the Holders.

 

  1. PURPOSES FOR WHICH UCROP.IT USES THE DATA

 

Unless otherwise provided in the applicable laws, UCROP.IT may use the Holders’ Data to enable access to the services offered by UCROP.IT through the Application, and more specifically for the following purposes: to register the Holders in the systems; to verify Holders’ identity in compliance with legal requirements; to generate traceability as a result of the registration of information regarding the Farmers’ crop cycle; to improve the services of the Application; general management of the Application; to create dashboards; to create documents with the evidence of the cultivation process; profile management; to conduct statistical analysis with dissociated/anonymized data; compliance with government reports and other legal requirements/obligations; promotion and marketing of services; and to send advertisements, offers and promotions. 

 

The Holders have the right to request UCROP.IT to stop sending advertisements, offers and/or promotions. For this reason, in all advertising, offers and/or promotions, UCROP.IT: (i) shall inform the Holders about the rights of withdrawal of or blocking, in whole or in part, their name from the corresponding databases and the procedure provided for the exercise of said rights; and (ii) shall offer the Holders the possibility of opting out of receiving more information related to UCROP.IT, the Application and/or the services offered through it.

 

  1. ACCESS TO DATA

 

Access to Data is restricted to those persons who must necessarily access them in order for UCROP.IT to be able to provide the services, operate the Application and fulfill the purposes established in Section 4 of this Policy, which could entail that, through the Application, some Holders have access to certain Holders’ Data, subject to restrictions set forth in Section 12 of this Policy.

 

  1. RIGHTS. ACCURACY OF DATA. OBLIGATION TO PROVIDE DATA. CONSERVATION PERIODS

 

Holders may exercise the rights conferred by applicable laws over their Data, such as: (i) access; (ii) rectification; (iii) deletion; (iv) exclusion from (i.e., opt-out of) advertisement lists, offers and promotions; and (v) revocation of consent. In order to exercise their rights, Holders shall previously submit proof of their identity and contact UCROP.IT personally, in writing, by email or by telephone, using the contact information set out in the heading of this Policy and in Section 14 hereof.

 

Holders residing in the Argentine Republic are informed that: “THE AGENCY FOR ACCESS TO PUBLIC INFORMATION (AGENCIA DE ACCESO A LA INFORMACIÓN PÚBLICA), in its capacity as the Control Body under Law No. 25,326, has the power to deal with complaints and claims filed by those whose rights have been affected due to non-compliance with the regulations in force on the subject of personal data protection”.

 

UCROP.IT complies with the requests of the Holders regarding the aforementioned rights within the terms provided by applicable laws. 

 

Unless otherwise provided for in the applicable laws, the Holders may only exercise the right of access free of charge at least every six (6) months, unless they prove to have a legitimate interest in doing it earlier.

 

To ensure that all Holders’ Data stored in the databases are accurate and up-to-date, the Holders shall notify UCROP.IT of any change and/or rectification thereof. In the absence of a notification by the Holders and in the event that UCROP.IT becomes aware of any error, false statement or inaccuracy in the Holders’ Data, UCROP.IT shall proceed to immediately correct the information at the first opportunity available. 

 

The provision of accurate Data by the Holders is voluntary, without prejudice to such provision being a necessary requirement to contract with UCROP.IT and/or use the services offered through the Application. Consequently, the lack of provision of the Data and/or the provision of inaccurate Data by the Holders could result in the inability to contract with UCROP.IT and/or use the services offered through the Application.

 

In some cases, UCROP.IT may, to the full extent permitted by applicable law, by means of a well-founded decision, deny the request for deletion, when it could cause damage to the legitimate rights or interests of third parties, or when there is a legal obligation to keep the Data. 

 

The Holders expressly acknowledge and accept that the data registered in the bitcoin blockchain cannot be deleted, updated or rectified by UCROP.IT, given the nature of the bitcoin blockchain. 

 

UCROP.IT stores the Holders’ Data for the time that is strictly necessary to fulfill the purposes described in this Policy. Consequently, UCROP.IT shall delete or dissociate/anonymize, as the case may be, the Data from its databases when they are unnecessary and, in any case, after the expiration of the maximum storage period provided in the applicable laws.

 

  1. DATA TRANSFER AND ASSIGNMENT

 

Unless otherwise provided for in the applicable laws, UCROP.IT may transfer or assign the Holders’ Data to its business partners, related companies, professional advisers, government entities, other Holders and/or service providers, only if necessary for UCROP.IT to exercise its rights and for the fulfillment of: (i) the purposes that originated their collection; or (ii) a legal obligation. Likewise, the Data may be shared with third parties in certain events including but not limited to corporate reorganization, merger, and sale of assets or transfer of shares. 

 

Although the majority of the recipients to whom UCROP.IT could eventually transfer or assign the Data may be located in the country of residence of each of the Holders, others could be located or carry out relevant business outside the territory of said countries and in jurisdictions whose degree of legally-required data protection may not be equivalent to that granted by the laws of the countries in which the Holders reside (for example, the Federative Republic of Brazil, the Republic of Paraguay, the Eastern Republic of Uruguay and the United States of America). 

 

Notwithstanding the foregoing, in the event that UCROP.IT transfers and/or assigns the Holders’ Data to recipients located in jurisdictions that do not offer adequate degrees of protection, UCROP.IT shall ensure that it complies with all applicable provisions regarding international transfer and/or transfer of personal data. In this sense, and without prejudice to the foregoing, the Holders give their free, voluntary, prior, express and informed consent for UCROP.IT to transfer and/or assign the Holders’ Data even to jurisdictions whose level of protection is not equivalent to that granted by the laws of the countries in which the Holders reside. 

 

  1. PROCESSING BY SERVICE PROVIDERS

 

In the event that UCROP.IT delegates the processing of the Holders’ Data to a third party service provider, UCROP.IT and the third party shall formalize said processing services through a service provision agreement, which will include the provisions required by applicable laws, such as that: (i) the service provider shall process the Data following UCROP.IT’s instructions; (ii) the provider may not apply or use the Data for a purpose other than that stated in the agreement; (iii) the provider shall adopt the necessary technical and organizational security and confidentiality measures; and (iv) once the contractual provision has been completed, the Holders’ Data shall be destroyed by the provider, unless there is an express authorization by UCROP.IT when the possibility of further orders is reasonably presumed, in which case the Data may be stored under proper security conditions for the periods allowed by the applicable laws.

 

  1. DATABASES. SECURITY

 

UCROP.IT stores the Holders’ Data in a database of Application users, and adopts the technical and organizational security and confidentiality measures that are appropriate to avoid any adulteration, loss, consultation or unauthorized treatment thereof.

 

UCROP.IT shall not be responsible for illegal interceptions or violation of its systems or databases, or for their use by unauthorized persons. UCROP.IT shall not be responsible for the improper use of the data obtained by these means.

 

  1. COOKIES

 

The Application and advertisements from UCROP.IT, among others, could use “cookies” or other similar technologies (for example, “web beacons”). Through this technology, UCROP.IT shall be able, among other things, to know the geographical location and behavior of Holders, quantify the effectiveness of advertisements, analyze trends and administer the Application. 

 

All information collected through the technologies mentioned in the preceding paragraph shall be processed in the same way as the Data.

 

In some cases, the Holders may deactivate the “cookies” and “web beacons”, although this depends on the device and software used by the Holders. At all events, it is understood that it is possible that by deactivating said technologies, the Holders shall not be able to use and enjoy all the functionalities offered by the Application.

 

  1. LINKS

 

The Application may contain links to third-party websites or applications. In this sense, it is understood that the data processing carried out by the third parties responsible for the aforementioned websites and applications are not covered by this Policy. Likewise, the Holders accept and acknowledge that UCROP.IT has no control over such websites and applications and, consequently, it is not and shall not be responsible for the content or for the services provided by such sites and applications, or for the way in which the Holders’ Data are processed through said sites and applications.

 

Consequently, UCROPT.IT suggests to the Holders that they analyze in detail the terms and conditions and privacy policies of said third-party websites and applications. 

 

  1. HOLDERS THAT USE THE APPLICATION

 

With the aim of, among other issues, providing its services, UCROP.IT could provide the Holders that use the Application with certain Data of other Holders that use the Application. The Holders represent and guarantee that at all times they shall use the Data of other Holders that use the Application in compliance with the applicable laws.

 

Each of the Holders -who receives or has access to Data from other Holders that use the Application – shall indemnify and hold harmless UCROP.IT, its directly or indirectly related companies and their shareholders, authorities and employees (the “Indemnified Party“) for any extrajudicial, administrative or court claim brought against the Indemnified Party by (i) the authorities of application of the applicable laws; and/or (ii) the Holders that use the Application whose Data has been accessed by another Holder that uses the Application , by virtue of the collection and processing of personal data by the Holders that uses the Application who have received or accessed Data from other Holders, and/or by virtue of non-compliance with the applicable regulations and/or this Policy.

 

  1. MINORS

 

UCROP.IT refrains from knowingly collecting Data from individuals under eighteen (18) years of age (i.e., minors). In the event that UCROP.IT identifies that a minor has provided its Data, UCROP.IT shall delete it immediately.

 

  1. QUERIES. EXERCISE OF RIGHTS

 

If you have questions or queries in relation to this Policy, or if you wish to exercise the rights set out in Section 6 of this Policy, please contact UCROP.IT through any of the means indicated in said Section 6, on business days in the Argentine Republic, from 10 am. at 5:00 p.m. (+54 9 11 3423-0092, hello@ucrop.it).

 

  1. POLICY CHANGES

 

In the event UCROP.IT decides to modify the way it collects, processes and/or uses the Data, the categories of Data it collects and/or any other aspect related to this Policy, UCROP.IT shall notify all Holders as soon as possible through the issuance of a new privacy policy that shall be sent in due course to the Holders to the email address that they previously provided to UCROP.IT. Likewise, this Policy and any other that may supersede it in the future shall be available to the Holders in the Application, since UCROP.IT may not have the contact details of all the Holders. If the Holders do not agree with the aforementioned new privacy policy, they should not use the Application or the services. Notwithstanding the foregoing, Holders shall expressly accept the new version of the Policy when required by virtue of the provisions of the applicable regulations.

 

  1. APPLICABLE LAW. JURISDICTION

 

This Policy is governed by the laws of the Argentine Republic. For any controversy or conflict including but not limited to conflicts related to the existence, interpretation, validity, execution, compliance or termination of this Policy, UCROP.IT and the Holders submit to the exclusive jurisdiction of the Ordinary National Courts based in and for the City of Buenos Aires.

 

In order to use the Application and the services offered by UCROP.IT, the Holders must click on the “I agree” button at the end of this Policy, thus giving their free, voluntary, prior, express and informed consent to UCROP.IT to collect and process their Data in the manner set out in this Policy, including, but not limited to, so that UCROP.IT may transfer and/or assign the Holders’ Data to countries that do not offer levels of protection equivalent to those offered by the country in which the Holders reside.

 

Updated version as of May 6, 2022. 

 

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