Consent, privacy and withdrawing
When you use the app for first time, you will be asked to consent to our agreement terms and conditions. All data collected and used by our researchers will be stored securely, so your privacy will be protected at all times. Personally identifiable data will not be shared with third parties.
How to withdraw
CSIRO web portal and licence agreement
Our web portal and licence agreement that you’ll be asked to consent to in full is as follows:
THIS AGREEMENT SETS OUT THE TERMS THAT APPLY TO YOUR ACCESS OF THE WEB PORTAL AND ANY DATA AVAILABLE THROUGH IT.
You agree that the terms of this agreement are legally binding. Your acceptance of all of these terms is confirmed by your accessing and continuing to access the Web Portal and any Data.
If you intend to access the Web Portal or Data in connection with your employment or as an agent for a principal, you must only accept this agreement if you have been authorised to do so by your employer or principal (as applicable). By accepting this agreement, you warrant to CSIRO that you are authorised to do so on behalf of your employer or principal (as applicable).
If CSIRO has entered into a separate written agreement with you for access to the Web Portal or any Data, that separate agreement will operate concurrently with this agreement. If the terms of the separate agreement are inconsistent with this agreement, the terms of the separate agreement will apply to the extent of any inconsistency.
- Meaning of words
The following words have their defined meaning when used in this agreement:
- ‘access’ means to access, use, or otherwise benefit from the functionality of the Web Portal or Data, including by accessing, manipulating and downloading Data in accordance with the functionality of the Web Portal. ‘access’ includes carrying out one or more of these actions, either personally or via an agent or employee.
- ‘CSIRO’ means the Commonwealth Scientific and Industrial Research Organisation ABN 41 687 119 230 of Black Mountain Science and Innovation Park, Clunies Ross St, Black Mountain ACT 2601, Australia.
- ‘CSIRO Data’ means any Data provided by CSIRO via the Web Portal.
- ‘Data’ means data made available via the Web Portal, and includes CSIRO Data and/or Third Party Data.
- ‘Data Provider’ means the third party that makes the Third Party Data available (including where the third party provides a service for obtaining data).
- ‘Third Party Data’ means any third party Data available via the Web Portal that is not CSIRO Data.
- ‘Web Portal’ means the web portal site through which CSIRO will made available particular services to facilitate your access to Data. These services includes any changes, updates or other features that CSIRO may make available from time to time, unless they are provided under a separate licence and/or warranty terms and conditions.
- ‘you’ means each person that accesses the Web Portal or any Data, and also includes your employer or principal where you have authority to act on their behalf. ‘your’ has a corresponding meaning.
- Right to access Web Portal and CSIRO Data
CSIRO grants you a non-exclusive and non-transferable right to access the Web Portal in accordance with the standard functionality made available from time to time by CSIRO. CSIRO also grants you a non-exclusive and non-transferable right to use the CSIRO Data when accessing the Web Portal.
All intellectual property rights (including any copyright) and other rights in and to the Web Portal and CSIRO Data remain owned by CSIRO (or a relevant third party). CSIRO has no claim over any intellectual property or other rights that you create as a result of your access to the Web Portal.
You agree that CSIRO is not obligated to maintain the current or future functionality of the Web Portal and CSIRO may remove, vary or amend features of the Web Portal from time to time in its sole and absolute discretion.
- Rights to Third Party Data and other third party content
Third party offerings including Third Party Data, products or services, and links to third party websites and applications are not owned, provided, or endorsed by CSIRO and you access such third party offerings entirely at your own risk. CSIRO is not responsible for the content or privacy practices associated with third party offerings.
For any third party offerings you access, you agree CSIRO is not granting you any rights in relation to those offerings, and your access is subject to any separate legal agreement or obligations between you and the relevant third party and/or Data Provider. You must review the relevant Data Provider Terms before accessing Third Party Data.
- Your access
You agree you must not:
- attempt to obstruct, avoid, obscure or otherwise render ineffective any aspect of the Web Portal, including by removing or avoiding security features, attributions, or legal terms that are notified to users as part of accessing the Web Portal or Data;
- reverse engineer or otherwise seek to copy or reproduce any part of the functionality, design, software or Data incorporated into the Web Portal;
- make available the whole or part of the Web Portal or CSIRO Data for access by a third party (other than your employer or principal);
- attempt to access the Web Portal over multiple user accounts (you are only permitted to have a single account unless agreed by CSIRO in writing); or
- otherwise release or distribute log-in details for the Web Portal or CSIRO Data.
When visiting the Web Portal, a record of your visit is logged. By accessing the Web Portal and Data you will also be required to submit other information, including personal information as defined in the Privacy Act 1988 (Cth), to CSIRO and other third parties over the Internet.
CSIRO is required to treat your personal information in accordance with the Privacy Act 1988 (Cth). You agree that any personal information CSIRO collects may be used for purposes associated, or in connection with, your access and use of the Web Portal and Data, and for any related secondary purposes. CSIRO may also use your personal information as required for maintaining and operating the Web Portal or for processing any enquiries, and providing you with further information, including in relation to our products or services. De-identified information may be used by CSIRO and our collaborators or funders for the purpose of further research and development of the Web Portal and other technologies or products. As part of the operation of the Web Portal, other third party service providers may also have access to the information that CSIRO has collected. Further information about CSIRO’s privacy policies and procedures (including your right to access and update your personal information and to make a complaint) is available at http://www.csiro.au/en/About/Access-to-information/Privacy.
Data Providers are not acting on behalf of CSIRO. You may be submitting personal information to them directly as part of accessing Data. You must separately confirm their privacy and information handling policies before accessing relevant Data and associated services. They may be subject to different legal obligations with respect to handling and storage of your information.
- Use of Your Content
In relation to other information, data or material you submit or otherwise make available via or in connection with your use of the Web Portal, you grant to CSIRO a non-exclusive, irrevocable, perpetual, worldwide, royalty-free, transferable licence to collect, use, reproduce, store, modify, adapt, publish or communicate to the public such content for the reasonable purposes of CSIRO’s business, functions or activities, and the right to sub-license those rights to others. You also consent to any act or omission that would otherwise infringe any of your rights (including your moral rights) in your content.
Without limiting the foregoing, CSIRO may collect location information and data through your use of the Web Portal, as well as information and data relating to your farming business and activities (such as available farming land and type and size of crops), and you agree that CSIRO may use this content for the purposes of research and the development of the Web Portal and other technologies, products and services. In addition, you agree to CSIRO disclosing such content in an aggregated and de-identified form to its clients and collaborators for similar purposes.
- Removal of liability, warranty or representations
EXCEPT AS EXPRESSLY STATED IN THIS AGREEMENT AND TO THE FULL EXTENT PERMITTED BY APPLICABLE LAW, THE WEB PORTAL AND ANY DATA IS PROVIDED “AS-IS”. CSIRO MAKES NO REPRESENTATIONS, WARRANTIES OR CONDITIONS OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO ANY REPRESENTATIONS, WARRANTIES OR CONDITIONS REGARDING THE CONTENTS OR ACCURACY OF THE WEB PORTAL AND ANY DATA, OR OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, THE ABSENCE OF LATENT OR OTHER DEFECTS, OR THE PRESENCE OR ABSENCE OF ERRORS, WHETHER OR NOT DISCOVERABLE.
TO THE FULL EXTENT PERMITTED BY APPLICABLE LAW, YOU AGREE THAT IN NO EVENT SHALL CSIRO BE LIABLE FOR ANY CLAIM, LOSS, DAMAGES OR OTHER LIABILITY HOWSOEVER INCURRED ARISING FROM, OR IN CONNECTION WITH, YOUR USE OF THE WEB PORTAL AND DATA OR YOUR RELIANCE ON THE WEB PORTAL AND DATA. WITHOUT LIMITING THE SCOPE OF THE PREVIOUS SENTENCE THE EXCLUSION OF LIABILITY SHALL INCLUDE: LOSS OF PRODUCTION OR OPERATION TIME, LOSS, DAMAGE OR CORRUPTION OF DATA OR RECORDS; OR LOSS OF ANTICIPATED SAVINGS, OPPORTUNITY, REVENUE, PROFIT OR GOODWILL, OR OTHER ECONOMIC LOSS; OR ANY SPECIAL, INCIDENTAL, INDIRECT, CONSEQUENTIAL, PUNITIVE OR EXEMPLARY DAMAGES, ARISING OUT OF OR IN CONNECTION WITH THIS AGREEMENT, ACCESS OF THE WEB PORTAL AND ANY DATA OR ANY OTHER DEALINGS WITH THE WEB PORTAL AND ANY DATA, EVEN IF CSIRO HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH CLAIM, LOSS, DAMAGES OR OTHER LIABILITY.
APPLICABLE LEGISLATION SUCH AS THE AUSTRALIAN CONSUMER LAW MAY IMPLY REPRESENTATIONS, WARRANTIES, OR CONDITIONS, OR IMPOSE OBLIGATIONS OR LIABILITY ON CSIRO THAT CANNOT BE EXCLUDED, RESTRICTED OR MODIFIED TO THE FULL EXTENT SET OUT IN THE EXPRESS TERMS OF THIS CLAUSE ABOVE (CONSUMER GUARANTEES). TO THE EXTENT THAT SUCH CONSUMER GUARANTEES CONTINUE TO APPLY, THEN TO THE FULL EXTENT PERMITTED BY THE APPLICABLE LEGISLATION, THE LIABILITY OF CSIRO UNDER THE RELEVANT CONSUMER GUARANTEE IS LIMITED (WHERE PERMITTED AT CSIRO’S OPTION) TO ONE OF FOLLOWING REMEDIES OR SUBSTANTIALLY EQUIVALENT REMEDIES:
- THE REPLACEMENT OF THE WEB PORTAL OR ANY DATA, THE SUPPLY OF AN EQUIVALENT WEB PORTAL OR ANY DATA, OR SUPPLYING RELEVANT SERVICES AGAIN;
- THE REPAIR OF THE WEB PORTAL OR ANY DATA;
- THE PAYMENT OF THE COST OF REPLACING THE WEB PORTAL OR ANY DATA, OF ACQUIRING THE EQUIVALENT, HAVING THE RELEVANT SERVICES SUPPLIED AGAIN, OR HAVING THE WEB PORTAL OR ANY DATA REPAIRED.
IN THIS CLAUSE, CSIRO INCLUDES ANY THIRD PARTY AUTHOR OR OWNER OF ANY PART OF THE WEB PORTAL OR ANY DATA OR MATERIAL DISTRIBUTED WITH IT. CSIRO MAY ENFORCE ANY RIGHTS ON BEHALF OF THE RELEVANT THIRD PARTY.
YOU RELEASE AND INDEMNIFY CSIRO AGAINST ALL CLAIMS (INCLUDING CLAIMS FROM THIRD PARTIES), LOSS, DAMAGES OR OTHER LIABILITY HOWSOEVER INCURRED ARISING FROM, OR IN CONNECTION WITH, YOUR USE OF THE WEB PORTAL AND DATA OR YOUR RELIANCE ON THE WEB PORTAL AND DATA.
This agreement is effective until terminated. CSIRO may immediately terminate this agreement in its sole and absolute discretion and without cause or reason by:
- notifying you in writing; or
- by posting a notice on a website you accessed the Web Portal from.
The effective date of termination will be set out in the notice, and may be immediate at CSIRO’s absolute discretion.
On termination, all your rights to access the Web Portal cease. Your rights to any Data accessed are subject to any separate Data Provider Terms for the relevant Data. Termination does not affect CSIRO’s rights to any information, data or material it has obtained from you prior to termination.
Termination does not affect CSIRO’s ability to claim damages or other compensation for breach of this agreement or otherwise of CSIRO’s rights at law, including for access to the Web Portal and any Data without a valid right.
You agree that damages may not be appropriate as an exclusive remedy in respect of all breaches of this agreement and CSIRO will be entitled to seek and obtain an injunction (including on an interim basis) to prevent any alleged breach of this agreement or its rights to the Web Portal or any Data, in addition to any right to recover damages.
- No use of CSIRO name or logo
You must not use the name of CSIRO to claim any sponsorship, endorsement, approval or affiliation or other association with CSIRO by virtue of this agreement or your access to the Web Portal or any Data, unless you have prior express written permission from CSIRO. In no circumstances may you use the logo or any trademark of CSIRO unless you have prior express written permission from CSIRO.
- Resolving disputes
For any dispute arising out of or in connection with this agreement or the Web Portal, you agree to first negotiate in good faith with CSIRO to resolve it. If the dispute is not resolved by those negotiations within 30 days, either party may refer the dispute to the Australian Disputes Centre (ADC) for mediation in accordance with ADC’s rules. If the dispute is not resolved within 30 days after the parties have concluded their first ADC mediation meeting, either party may then take any court or other legal proceedings to resolve the dispute. However, this clause does not limit CSIRO’s rights under the agreement or prevent CSIRO from seeking any urgent interlocutory relief.
- Entire agreement
All international conventions that might import contractual terms into this agreement are excluded, including the United Nations Convention on Contracts for the International Sale of Goods.
Any provision of this agreement which is prohibited or unenforceable in a jurisdiction will be severed to the extent necessary to make this agreement valid and enforceable. The severance of a provision will not invalidate the remaining provisions of this agreement nor affect the validity or enforceability of that provision in any other jurisdiction.
This agreement is to be read subject to any laws (to the extent they are applicable in the circumstances) that cannot be excluded, so that the agreement will as far as possible be valid and enforceable by CSIRO in the relevant circumstance.
- The governing law
This agreement is governed by and construed in accordance with the laws of New South Wales, Australia and you agree to submit to the exclusive jurisdiction of the courts in that State.