DeLaval App Terms of Use

These App Terms of Use (the “Terms”) govern the rights to and use of mobile applications made available by or on behalf of DeLaval International AB, corporate registration number 556012-3928, P.O. Box 39, Gustaf de Lavals väg 15, SE 147 21 Tumba, Sweden (“DeLaval”), and all documentation, data and online services made available or generated through or in connection with such mobile applications (collectively the “Apps”). By installing or using any App, you and any individual or entity on whose behalf you are acting (collectively “You”), agree to follow and be bound by these Terms. If you or any such individual or entity does not agree to these Terms, or if you are not authorised to agree, You are not allowed to use or otherwise exploit the App.

1. PRIVACY AND DATA

Your privacy is important to DeLaval. Please read the DeLaval App Privacy statement, available below, which describes when, how and for what purposes data will be processed (e.g. collected, generated, held, used and disclosed) in connection with the Apps. By installing or using the App, You consent to the processing of data described in the DeLaval App Privacy statement and grant DeLaval Holding AB and each entity directly or indirectly controlled by DeLaval Holding AB (the “DeLaval Group”), which includes DeLaval, a perpetual, royalty free, transferrable, sub-licensable and worldwide licence license to process the data as set out therein. If You withdraw Your consent, You must immediately cease all use of the App and destroy all copies, full or partial, of the App.

2. APPS FOR APPLE IOS ETC.

If the App is designed to operate on a device that run any Apple Inc. mobile operating system (e.g. Apple iOS), the “Licence Application End User License Agreement” published by Apple Inc. (http://www.apple.com/legal/internet-services/itunes/appstore/dev/stdeula/) shall govern the rights to and use of the App instead of the remainder of these Terms, except that section 17 below (Applicable Law and Disputes) shall govern applicable law and dispute procedure.

3. LICENSE

You have a limited non-exclusive, non-assignable, non-transferable, non-sublicensable license to install and use the App in object code form on a mobile device that You own or control, but solely for the App’s intended purpose and solely for Your internal business operations, and subject to Your acceptance and compliance with these Terms and payment of applicable license and/or subscription fees (the “License”).

You may allow Your employees, representatives, contractors and agents to use the App on Your behalf pursuant to the License, but is liable for all acts and omissions of such individuals and entities (whether authorised by You or not) as if that was acts and omissions of You.

The License is effective until terminated by You or DeLaval. The License terminates automatically in the event DeLaval withdraws Your right to use the App under section 9 (Suspension and Withdrawal). Upon termination of the License, You shall immediately cease all use of the App and destroy all copies, full or partial, of the App.

4. REGISTRATION

To use the App, You may have to register an account. You shall ensure that any information submitted to the DeLaval Group in connection with the registration and otherwise is truthful and accurate and shall maintain the accuracy of such information (including Your email address). The credentials (e.g. license key, user name and password) assigned or created for use of the App (if any) must be kept confidential by You and You must not disclose Your credentials to any third party or otherwise allow any third party to access the App (except as explicitly permitted by these Terms). If You have reason to believe that a third party has gained unauthorised access to Your credentials or to the App, You must immediately notify DeLaval.

5. Code of Conduct

You may use the App only in accordance with these Terms and applicable laws and regulations and must not otherwise exploit the App. Without limiting the foregoing, it is specifically noted that You must not: (a) distribute or otherwise make any part of the App available to any third party (except as explicitly permitted by these Terms); (b) reproduce, create derivative works of, modify, disassemble, decompile or reverse engineer any part of the App (except as explicitly permitted by compulsory law); (c) circumvent any technological measures against unauthorised acts (e.g. measures that restricts access to raw data held by the App); or (d) use the App in a way that is abusive or offensive or might damage, disable, overburden or impair the App or any related service or system. DeLaval reserves the right to embed mechanisms in the App to monitor usage of the App and to verify compliance with these Terms.

6. OWNERSHIP

DeLaval (or, as applicable, its affiliates or licensors) owns and retains all rights, titles and interests in and to all trademarks, trade names, patents, copyrights, neighbouring rights, confidential information, trade secrets, know-how and other intellectual property and intellectual property rights (whether or not any of them are registered, and including applications for registration of any of them) in or related to the App. All rights not expressly granted in these Terms are reserved by DeLaval.

7. MAINTENANCE

For the avoidance of doubt, except to the extent explicitly agreed in writing, DeLaval does not have any obligation to provide any support, maintenance or other service in relation to the App.

8. INDEMNIFICATION

You shall indemnify and hold the DeLaval Group harmless against any and all liability, claims, loss, damage, costs and expenses (including reasonable attorney fees) incurred or suffered as a result of any violation of these Terms or any negligence on the part of You, including any claim or demand made by any third party due to or arising out of any access to or use of the App, violation of these Terms, infringement or violation of any intellectual property right or any other right of any person or entity, by You or any third party using Your App account or App credentials.

9. SUSPENSION AND WITHDRAWAL

DeLaval may at any time suspend Your right to use the App if You have not paid applicable license and/or subscription fees or if, in DeLaval’s reasonable opinion: (a) You have violated these Terms; or (b) Your access or use of the App pose a threat to the security or functionality of the App or any related service or system. DeLaval will notify You of the suspension. If the cause of the suspension is reasonably capable of being cured, DeLaval will use reasonable efforts to re-establish Your access to the App promptly after DeLaval determines, in its reasonable discretion, that the cause of the suspension has been cured. DeLaval may permanently withdraw Your right to use the App if the cause of the suspension is not reasonably capable of being cured or the suspension is not cured within 30 days after DeLaval’s initial notice thereof.

10. LIMITATIONS OF LIABILITY

To the maximum extent permitted by applicable law, the App is provided "as is" and “as available” without any warranty, express, implied or otherwise, as to the accessibility, quality, suitability, security or accuracy of the App and with all warranties and conditions of merchantability, fitness for a particular purpose, title or non-infringement being expressly disclaimed. This disclaimer is applicable to any damage or injury resulting from negligence or omission of any entity in the DeLaval Group, from computer virus or other similar item, from telecommunications errors, or from unauthorized access to or use of Your information through theft or any other means. Neither the DeLaval nor any of its affiliates (e.g. the DeLaval Group) is liable for any criminal, tortious, or negligent act or omission of any third party that may affect the App.

Neither DeLaval nor any other entity in the DeLaval Group is liable under contract, tort, strict liability, negligence or other legal theory for any damage or loss (whether direct, indirect, incidental, special, punitive, consequential or other damage or loss), including lost profits and loss of data, or for any cost or expense, arising from or relating to these Terms or the use or inability to use all or part of the App, even if advised of the possibility of such damage, loss, cost or expense.

Any claim or cause of action by the You arising from or relating to these Terms or the use or inability to use all or part of the App must be filed within one year after such claim or cause of action arose, or will be forever barred.

The limitations of liability set out above in this section do not apply to the extent the relevant loss or damage is caused intentionally (wilful misconduct) or with reckless disregard for the consequences of its acts (gross negligence). Furthermore, nothing in these Terms shall limit or exclude any liability for fraud or fraudulent misrepresentation, for death or personal injury caused by negligence or for any other liability that may not be so limited or excluded under applicable law.

11. THIRD PARTY SOFTWARE AND SERVICES

The App may contain third party software that is licensed under separate terms and conditions, as further specified in the App’s specification, documentation or readme or notice files. In addition to these Terms, You must comply with such separate terms and conditions to be allowed to use the App.

The App may link to third party web sites or services. DeLaval is not responsible for such web sites or services or for any goods or services offered through or in connection with such web sites or services.

12. UPGRADES AND CHANGES

These Terms shall govern any upgrades that replace or supplement the App, unless such upgrade is accompanied by separate terms, in which case such terms will apply.

DeLaval may occasionally, at its discretion, make changes to these Terms. You will be notified that Terms have changed and Your continued use of the App after such notification constitutes Your acceptance of the changes, which shall enter into force on the date of such continued use.

13. NOTICES

Notices to DeLaval relating to these Terms shall be sent by letter to the address set out in section 1 in an envelope marked “DeLaval App Terms of Use” with attention “Legal Affairs”. Notices to You may be announced in the App or sent by mail or email to Your registered postal address or to any postal address or email address which You have notified or used in relation to the App or in communication with the DeLaval Group.

14. COMPLETE TERMS

These Terms set out the full scope of obligations and liabilities of DeLaval in relation to the App and any and all obligations and liabilities of DeLaval provided by law and possible to exclude are hereby excluded. Representations, promises and conditions related to the App but not explicitly set forth in these Terms are not binding on DeLaval.

15. SEVERABILITY

If any provision of these Terms is found to be invalid or unenforceable, the remaining provisions shall remain effective and such provision shall be replaced with another provision consistent with the purpose and intent of these Terms.

16. ASSIGNMENT

You may not assign or otherwise transfer any right or obligation under these Terms without prior written consent of DeLaval. DeLaval may assign its rights and obligations under these Terms to any other entity in the DeLaval Group.

17. APPLICABLE LAW AND DISPUTES

These Terms and any contractual or non-contractual obligations arising out of or in connection herewith are governed by and shall be construed and interpreted in accordance with the laws of Sweden, excluding its conflict of law rules. Any dispute, controversy or claim arising out of or in connection with these Terms or any contractual or non-contractual obligation arising out of or in connection herewith, or the breach, termination or invalidity thereof, shall be finally settled by arbitration in accordance with the Arbitration Rules of the Arbitration Institute of the Stockholm Chamber of Commerce. The seat of the arbitration shall be Stockholm, Sweden. The language to be used in the arbitral proceedings shall be English, unless otherwise agreed between the parties. The arbitral proceedings and the information and documentation disclosed in connection with the arbitration shall be kept confidential by all parties involved. Notwithstanding the above, DeLaval is always entitled to petition courts and authorities in any relevant jurisdiction, as well as to seek injunctive relief and other interim measures, to enforce the DeLaval Group’s intellectual property rights and/or secure claims of any payments due.

 

DeLaval App Privacy

This statement describes when, how and for what purposes DeLaval International AB, corporate registration number 556012-3928, P.O. Box 39, Gustaf de Lavals väg 15, SE 147 21 Tumba, Sweden (“DeLaval”) and its affiliates processes (e.g. collects, generates, holds, uses and discloses) data in connection with the mobile applications and connected online services made available by or on behalf of DeLaval (collectively the “Apps”).

By installing or using any App, you and any individual or entity on whose behalf you are acting (collectively “You”), consent to the processing of data described in this statement and grant DeLaval Holding AB and each entity directly or indirectly controlled by DeLaval Holding AB (the “DeLaval Group”), which includes DeLaval, a perpetual, royalty free, transferrable, sub-licensable and worldwide licence license to process the data as set out herein. If You withdraw Your consent, You must immediately cease all use of the App and destroy all copies, full or partial, of the App.

CATEGORIES OF DATA

The following categories of data may be processed by DeLaval in connection with the App:

  • (a) Data that is voluntary submitted by You about You and any individual authorised to use the App on Your behalf (e.g. name, e‑mail address, postal address and telephone number).
  • (b) Data concerning payment of applicable license and/or subscription fees (if applicable).
  • (c) Data that is automatically collected concerning the device and software used in connection with the App (e.g. IP address, device type and operating system) and concerning the use of the Apps (e.g. user, access times and, if applicable, license key).
  • (d) Data entered into the App or available through the App (as well as raw data upon which such available data is based) that is automatically transferred to DeLaval for storage or other processing.

Please note that all the above categories of data are not processed in relation to all Apps and that the processing of data may be prevented or limited by settings in Your device or in the App (in which case some functionality of the App may be lost). Please review the documentation of the App or contact DeLaval, as set out in the “Further Information” section below, to get more information about the specific categories of data, if any, that are processed by DeLaval in connection with the App that You use or consider using.

PURPOSES OF PROCESSING

The data that is collected or generated by DeLaval in connection with the App may be used to administer and operate the App, to detect and prevent unauthorised use of the App (e.g. validate that the user has a valid license, if applicable), to monitor and analyse the use of the App, to optimise the functionality and content of the App, to further develop the App and, if You allow us, to send You information about the DeLaval Group’s products and services. The data may also be used for market research, product development, dealer development, and development of customised offerings.

RECIPIENTS

The data that is collected or generated by DeLaval in connection with the App may for the purposes set out above be disclosed to and processed by any entity in the DeLaval Group and any of its authorised distributors, subject to the restrictions below concerning Personal Data (as defined below). DeLaval may, for the purposes set out above, use service providers to process data on DeLaval’s behalf (e.g. for data storage), in which case DeLaval takes steps to ensure that the data is processed only in accordance with this statement.

Except as set out above, the data that is collected or generated by DeLaval in connection with the App will be shared only in aggregated/anonymised form (names of individuals, legal entities, farms, etc. will be removed or replaced by anonymous or fictitious identifiers).

SECURITY

DeLaval (or, as applicable, its service providers) has implemented physical, technical and organisational measures to ensure a level of security appropriate to the risks represented by the processing and the nature of the data that is collected or generated by DeLaval in connection with the App. Such measures are implemented to: (a) ensure that the data can be accessed only by authorised personnel; (b) ensure that no personnel is authorised to access the data other than those requiring access to such data; (c) ensure that all such authorised personnel are subject to appropriate obligations to keep the data confidential; and (d) protect the data against unauthorised disclosure and access and accidental or unlawful destruction, loss and alteration.

PERSONAL DATA

It is normally not required to disclose any data about any identified or identifiable individual (“Personal Data”) in connection with the App except that basic data about the individuals authorised to use the App on Your behalf may be needed for the administration or operation of the App (failure to disclose such data may prevent use of the App). To the extent any of the data referred to above in this statement is Personal Data, DeLaval is the “controller” of the data and will process the Personal Data only as compatible with the purposes set out above and no longer than is necessary for such purposes. The legal basis for processing of the Personal Data is primarily the consent given under this statement. Where the relevant individual has not given such consent, or the consent has been withdrawn, the legal basis is that the processing is necessary for legitimate interests (the purposes specified above) pursued by DeLaval and which DeLaval, based on a balance of interests, deems not to be overridden by your interests or fundamental rights and freedoms. Certain processing of Personal Data may also be necessary for compliance with a legal obligations.

Personal Data will not without consent from the relevant individual be disclosed except to Your local DeLaval entity and/or distributor and to the extent needed for the administration or operation of the App and related services or as required under applicable law; please also note that service providers process data on DeLaval’s behalf as set out in the “Recipient” section above. Personal Data will primarily be held in the European Union but may, for the for the purposes and with the limitations set out above, be transferred to any location where You access the App, where Your local DeLaval entity and/or distributor is located, and where DeLaval’s service providers maintain their operations. Where, in any other case than when requested by You or necessary for administration or operation of the App, data will be transferred from the European Union, or other countries and territories that the EU Commission has determined to ensure an adequate level of protection of personal data, to a country or territory that does not ensure such level of protection, DeLaval will apply appropriate additional safeguards to ensure the data is sufficiently protected (e.g. the “Standard Contractual Clauses” contained in the Annex to the EU Commission Decision 2010/87/EC of 5 February 2010). The individual to whom the Personal Data relates may contact DeLaval at the address stated above (attention: “Data Protection Officer”) to get information about which service providers that are engaged to process the Personal Data, which countries and territories that data is transferred to and which safeguards that have been implemented.

Subject to restrictions under applicable law, the individual to whom the Personal Data relates has the right, by sending a signed written request to the address stated above (attention: “Data Protection Officer”), to request information about DeLaval’s processing of such Personal Data, to access such Personal Data (in an structured, commonly used and machine-readable format, with the right to forward such data) and to request DeLaval to correct, complete, update, lock or delete any such Personal Data that is inaccurate, incomplete, confusing, outdated or unlawful. Such individual also has the right to object, on legitimate grounds, to processing of data relating to him or her (in particular if entitled to do so under applicable data protection legislation) and to withdraw, with prospective effect only, any consent given by him or her regarding processing of such data. If the individual considers that the processing of personal data relating to him or her infringes applicable law, the individual may also lodge a complaint with the relevant supervisory authority.

FURTHER INFORMATION

Requests for further information concerning the processing of data in connection with the App can be made to DeLaval at the address stated above (attention: “Data Protection Officer”).

UPDATES OF THIS STATEMENT

Additional Apps and App functionalities may be provided by DeLaval in the future. DeLaval will update this notice to describe how and for what purposes DeLaval will process data in relation to such new Apps and functionalities. DeLaval may also update this notice to describe additional scope or purposes of processing of data in connection with the Apps.