You should read, and make sure that you understand, these all of the Fieldmargin Terms before downloading, installing, or accessing (i.e. "using") any of the Fieldmargin Platforms. If you do not agree with any of the Fieldmargin Terms, you cannot use any of the Fieldmargin Platforms, and by using any Fieldmargin Platform you are be deemed to agree to the Fieldmargin Terms.
(a) who can use the Fieldmargin Platforms;
(b) what you can and cannot do with the Fieldmargin Platforms;
(d) under what circumstances we can stop you from using the Fieldmargin Platforms;
(e) the extent to which we will be liable for any loses you suffer in connection with the Fieldmargin Platforms (see paragraph 13 in particular); and
(f) what you can do if you have any complaints or want to contact us.
(a) "you" and " your", which refers to you, the end-user and person responsible for the device and connection through which a Fieldmargin Platform is used;
(b) "us", "our" and "we", which refers to Field Margin Limited, a company incorporated in England & Wales (registration number 08062259 ), of 6 Ritherdon Road, London, SW17 8QD, with trading address: work.life, 20 Jerusalem Passage, London, EC1V 4JP;
(e) "use" and "using" means doing any of the following in relation to any of the Filedmargin Platforms: downloading, installing, using, or accessing;
(f) "App", which means the Fieldmargin mobile application from time to time available for download from the Appstores, and including the user guide and any other documents we provide which support or relate to your use of the App;
(h) "Fieldmargin Platforms", which means the App and the Website together; and
(i) "Appstores" means, as you would expect, those services which allow mobile device users to download mobile applications, including the App, such as the "Apple App Store" and "Google Play".
3.1 The App and the Website are primarily designed to provide an easy-to-use, visual record of your farm, which you can access while either out in the fields or back at the farmhouse, home, or office. The Fieldmargin Platforms allow you to draw maps, make notes, leave messages for your team, and more, with or without an internet connection.
3.2 The Fieldmargin Platforms may also display products and/or services from third-party suppliers which you may be interested in, and allow you to click-through to that supplier’s own website or mobile application to view products and place orders. It is important that you recognise that any such third party will probably require you to agree to its separate terms and conditions to both use their website or mobile application, and to place any order for their products and/or services. Fieldmargin will not be a party to any such terms and conditions, and cannot intervene in your relationship with the relevant third party.
3.3 We are committed to maintaining a free-to-use version of the Fieldmargin Platforms, but we may also offer paid-for features. Depending on whether you choose to sign-up for those features, you (or someone that you work with) may have to agree to another set of terms and conditions in order to have access to certain features which are not available to others users (or, conversely, they may have access to features which you do not).
4.1 You must be aged 18 or over use any of the Fieldmargin Platforms.
4.2 If you are a business using any of the Fieldmargin Platforms across multiple devices or users on your farm, in addition to each user individually agreeing to the Fieldmargin Terms every time that they use any of the Fieldmargin Platforms, you represent and warrant that each such use and user complies with the Fieldmargin Terms.
4.3 We strive to make the App available on as many platforms as possible, but you remain solely responsible for ensuring that your device, operating system, and internet connection are sufficient to use any of the Fieldmargin Platforms, and that you are permitted to use any such Fieldmargin Platform in whichever territory you are seeking to use it in.
5.3 If you do not accept any changes that we make to any of the Fieldmargin Terms, you cannot continue to use the App, and must immediately delete it from your device, or the Website.
6.1 From time to time, updates to the App may be issued through the Appstores. Depending on the update, you may not be able to fully use the App until you have downloaded the latest version of the App and accepted any amendments to the Fieldmargin Terms.
7.2 We must remind you that, although we make every effort to ensure the security of the App, the Website, and our servers, internet transmissions are never completely private or secure, and any information you send using the Fieldmargin Platforms may be read or intercepted by others, even if there is a special notice that a particular transmission is encrypted. We do not take responsibility for and cannot be held liable for any such compromise of your information.
8.1 The Fieldmargin Platforms may contain links to third-party websites and applications, including for example third party suppliers whose products and/or services are displayed on the Fieldmargin Platforms, and/or embedded, frame, or otherwise present third-party content, such as map services and weather information in your locality ("Third-Party Content" ). We have no control over Third-Party Content, and we are not responsible for and do not endorse it – you access and use such Third-Party Content entirely at your own risk. You should be aware that the relevant third party may require you to agree to its own terms and conditions to use such Third-Party Content, and other terms will apply (to which we are not a party and have no responsibility) if you choose to purchase any products and/or services from a third party.
You cannot use any of the Fieldmargin Platforms other than in the ways, and for the purposes, which we expressly allow you to (as explained in the "What can you do with the Fieldmargin Platforms?" section 9 above), or as is allowed by law. This means that, in particular, that unless permitted by law you cannot:
(a) copy any of the Fieldmargin Platforms, except to the extent such copying is incidental to normal use of the Fieldmargin Platforms;
(c) translate, merge, adapt, vary or modify any of the Fieldmargin Platforms or any part of them;
(d) disassemble, decompile, reverse-engineer or create derivative works based on the whole or any part of any of the Fieldmargin Platforms or attempt to do any such thing;
(e) remove any copyright notice on the Fieldmargin Platforms;
(f) provide or otherwise make available the App in whole or in part (including object and source code), in any form, to any person;
(g) use the Fieldmargin Platforms in any unlawful manner, for any unlawful purpose, or in any manner inconsistent with the Fieldmargin Terms, or act fraudulently or maliciously, for example, by hacking into or inserting malicious code, including viruses, or harmful data, into any of the Fieldmargin Platforms;
(h) infringe our intellectual property rights or those of any third party through your use of the Fieldmargin Platforms;
(i) transmit any material that is defamatory, offensive, or otherwise objectionable via or in connection with your use of the Fieldmargin Platforms;
(j) use the Fieldmargin Platforms in a way that could damage, disable, overburden, impair or compromise our systems or security or interfere with other users;
(k) disclose to any third party or allow any third party to discover any access code, password or pin that you use to use any of the Fieldmargin Platforms, and you must notify us immediately upon becoming aware of any such security breach or unauthorised use (you are responsible for any actions via the Fieldmargin Platforms effected through your access code, password, pin, device, or internet connection);
(l) collect or harvest any information or data from any of the Fieldmargin Platforms, or our systems, or attempt to decipher any transmissions to or from the servers running any service via the Fieldmargin Platforms; or
(m) provide false details to us.
11.3 If you upload to any of the Platforms or send us any content (for example, this includes, but is not limited to, any images you upload to your profile, any messages you leave for yourself or other users, any data about your farm or farming activities, and any images, maps, or plans of your farm) ("Your Content"), you hereby grant to us a royalty–free, worldwide, perpetual, irrevocable, non-exclusive licence to use such content in connection with the provision of our services (including the Fieldmargin Platforms). You represent and warrant that you have the necessary rights and authority to grant us such a licence and that our use of Your Content shall not breach and laws or infringe the rights of any third party.
11.4 If you send us any feedback in the relation to the Fieldmargin Platforms (which we will gratefully receive!), you hereby grant to us a royalty–free, worldwide, perpetual, irrevocable licence to use such feedback for such purposes as we see fit from time to time, including without limitation, to create new or enhance existing products or services offered by us, or to pass on to third parties for their use. We shall not be required to compensate you financially or otherwise for your feedback or the results of your feedback.
11.5 Clauses 11.2 to 11.5 shall survive the termination or expiry of the Fieldmargin Terms.
12.1 You agree to indemnify us, and our officers, employees, agents, and any of our other personnel, against any damages, losses, and reasonable professional costs and expenses, incurred or suffered as a result of your use of any of the Fieldmargin Platforms other than in accordance with the Fieldmargin Terms, and/or your breach of clause 11.3.
12.2 This clause 12 shall survive the termination or expiry of the Fieldmargin Terms.
13.1 The Fieldmargin Platforms are licensed to you "as is" and "as available" for the general purpose for which they were designed and licenced (i.e. without consideration for your particular intended use, of which Fieldmargin is not aware). As such and to the maximum extent permitted by law, the Fieldmargin Platforms are licensed without any representation, warranty or undertaking of any kind (whether express or implied), including but not limited to any assurances as to the availability, performance, accuracy, security or completeness of any of the Fieldmargin Platforms. We do not warrant, represent or undertake that use and availability of the Fieldmargin Platforms will be uninterrupted or error-free. If this exclusion is not permitted by mandatory law, the applicability of any implied assurance shall be limited to the greatest extent permitted by mandatory law.
13.2 We are not responsible for loss or damage you suffer as a result of decisions you make on the basis of information (including any Third-Party Content) displayed on the Fieldmargin Platforms, or any contract you enter into with any third party on or via any of the Fieldmargin Platforms.
13.3 We have no liability to you for any loss of profit, loss of business, business interruption, loss of business opportunity, loss or damage to data, damage caused by computer virus or malicious code, reputational damage, or any secondary, special, consequential or indirect loss.
13.4 Where it cannot be excluded, our maximum aggregate liability under or in connection with the Fieldmargin Terms whether in contract, tort (including negligence) or otherwise, shall in all circumstances be limited to five hundred pounds sterling (GBP £500). Notwithstanding the clauses above, nothing in the Fieldmargin Terms shall limit or exclude our liability for:
(a) death or personal injury resulting from our negligence;
(b) fraud or fraudulent misrepresentation; or
(c) any other liability that cannot be excluded or limited by law.
13.5 This clause13 shall survive the termination or expiry of the Fieldmargin Terms.
(a) we discover that you are under the age of 18;
(b) we stop providing the App or the Fieldmargin website for whatever reason;
(c) we decide to do so, at our absolute discretion; or
(d) you otherwise breach the Fieldmargin Terms.
14.2 You may, without restricting any rights you or we have accrued up to that point, stop using any of the Fieldmargin Platforms and/or notify us that you are terminating the Fieldmargin Terms at point.
15.1 If you wish to contact us, please feel free get in touch via any of the methods listed on our Website. We will get back to you as soon as we can.
15.2 If we wish to contact you (including to provide any notice of a change to the Fieldmargin Terms, Fieldmargin Platforms, or your access rights), we will do so by e-mail to any address you provide to us, or via the App itself.
15.3 If you wish to make a complaint about any of the Fieldmargin Platforms, we would love you to get in touch with us first so that we can try and resolve the issue. However, if we are unable to find a resolution, you could consider “alternative dispute resolution” (which is a form of structured resolution of a complaint other than through the courts). You can find more information about the European Commission’s Online Dispute Resolution platform is available at http://ec.europa.eu/odr.
16.1 We will not be liable or responsible for any failure to perform, or delay in performance of, any of our obligations under the Fieldmargin Terms that is caused by any act or event beyond our reasonable control, including failure of public or private telecommunications networks. If such an event outside our control occurs, our obligations under the Fieldmargin Terms will be suspended and the time for performance of our obligations will be extended for the duration of the relevant event.
17.1 We may, without notice to you and without your consent, assign or otherwise transfer our rights (or any of them) under the Fieldmargin Terms to another person or organisation. You also hereby agree that we may similarly assign or otherwise transfer our obligations (or any of them) under the Fieldmargin Terms, without further notice to you, and you agree, upon demand, to enter into any such contract or do any such thing (at our cost) as may be necessary to confirm this. However, you must obtain our prior written consent to assign or otherwise transfer any of your rights or obligations under the Fieldmargin Terms.
17.2 If we do not insist upon or enforce, or if we delay in any such insistence or enforcement, your performance of any of your obligations under the Fieldmargin Terms, that will not mean that we have no future intention to do so or that we have waived our rights against you, and neither will it mean that you do not have to comply with those obligations. If we do waive a default by you, we will only do so in writing, and that will not mean that we will automatically waive any later default by you.
17.3 Each of the terms of the Fieldmargin Terms operates separately. If any court or competent authority decides that any of them are unlawful or unenforceable, such terms shall be amended to least extent possible and reflective of the parties’ original intention, and the remaining conditions will remain in full force and effect.
For the purpose of data protection legislation, the controller of any personal data is Field Margin Ltd of Work.Life / Verizon, 20 Jerusalem Passage London EC1V 4JP.
Our Data Protection Compliance Manager ("DPCM") is Thomas Hughes. If you have any queries, complaints or requests please contact our DPCM at DPCM@fieldmargin.com.
We will collect and process the following data about you:
Information you give us. This is information about you that you give us by filling in forms on our site, our app or by corresponding with us by phone, email or otherwise. The information you give us may include your name, address, email address, phone number, photographs, location information and financial information.
Information we collect from your use of our site and app. With regard to each of your visits to our site or our app we will automatically collect the following information:
Information we collect throughout our relationship. This is information relating to or through your use of our app or our site including photographs, location data (where we have your consent), messages sent through the App or Website, contacts in your device (where we have your consent).
Information we collect when you call us. If you call us we will automatically collect the following information:
Providing us with your details online. This is information you may choose to provide us with using the https://notes.fieldmargin.com/register page on our site, or in our app. It includes your name, telephone number, email address and preferences for receiving emails from us. Please let us know if any of this information changes so we can keep our records up to date.
We process your personal information for the following reasons:
Pursuant to a contract in order to:
On the basis of your consent:
In our legitimate interests of providing the best service and improving and growing our business we will process information in order to:
We will carry out analytics to improve our site, our app and our services as set out above.
You have the right to object to processing carried out for our legitimate interests. See the What are your rights? section below for more information.
We will keep information about you for a maximum of 6 years after the end of our relationship with you unless obligations to our regulators require otherwise or we are required remove such data from our records.
Should you require any further information or have any further queries regarding the retention of your personal data, please contact us at DCPM@fieldmargin.com. We will respond to your request within one month.
For the purposes set out in the 'Why do we collect this information?' section above, we will share your personal information with:
the following categories of third parties, some of whom we appoint to provide services, including:
Any member of our group, which means our subsidiaries.
Additionally, we will disclose your personal information to the relevant third party:
At Fieldmargin, we take your safety and security very seriously and we are committed to protecting your personal and financial information. All information kept by us is stored on our secure servers. Where we have given you (or where you have chosen) a password that enables you to access certain parts of our service, you are responsible for keeping this password confidential. We ask you not to share a password with anyone.
We may transfer your data outside the European Economic Area ("EEA"). We will only do so if adequate protection measures are in place in compliance with data protection legislation. We use the following protection measures:
Once we have received your information, we will use strict procedures and security features to try to prevent unauthorised access. More information is available by contacting us.
Where processing of your personal data is based on consent, you can withdraw that consent at any time.
You have the following rights. You can exercise these rights at any time by contacting us at 20 Jerusalem Passage, London, EC1V 4JP, UK OR DPCM@fieldmargin.com. You have the right:
Should you have any issues, concerns or problems in relation to your data, or wish to notify us of data which is inaccurate, please let us know by contacting us using the contact details above.
In the event that you are not satisfied with our processing of your personal data, you have the right to lodge a complaint with the relevant supervisory authority, which is the Information Commissioner's Office (ICO) in the UK, at any time. The ICO's contact details are available here: https://ico.org.uk/concerns/.
We use the following cookies for the following purposes:
Strictly necessary cookies. These are cookies that are required for the operation of our website. They include, for example, cookies that enable you to log into secure areas of our website.
Analytical/performance cookies. They allow us to recognise and count the number of visitors and to see how visitors move around our website when they are using it. This helps us to improve the way our website works, for example, by ensuring that users are finding what they are looking for easily.
Functionality cookies. These are used to recognise you when you return to our website. This enables us to personalise our content for you and remember your preferences.
You can find more information about the individual cookies we use and the purposes for which we use them in the table below:
|JSESSIONID_||Strictly necessary||Session Identifier for Log in||Never|
|WEB_SESSION_UUID||Analytical||Session activity tracking||Never|
|XSRF_TOKEN||Strictly necessary||Prevents Cross-site request forgery||Never|
Third Party Cookies:
|Google Analytics||Analytical||Collects information about how visitors use the Websites, which website the user came from, the number of each user's visits and how long a user stays on the Websites||2 years|
|Analytical||Enable visitors to share website pages and content through third party social networking and other websites. The companies that serve these cookies may also use visitors information to serve targeted advertising on other websites.||2 years|
You can block cookies by activating the setting on your browser that allows you to refuse the setting of all or some cookies. However, if you use your browser settings to block all cookies (including essential cookies) you may not be able to access all or parts of our site.