Terms of Use
Preamble introduction
Last updated: 08 August 2021
Important Notice. These Terms of Use (“Terms”), together with our Privacy Policy (collectively, “Agreement”), govern your access to and use of this website omegacrop.com (this “Site”) and all products available thereon and the services available through our Site, or our mobile applications (collectively, these Terms will refer to the Site, any mobile applications and the services available through either or otherwise provided by us, as the “Services”).
Parties to this Agreement. You, as a Site visitor or user of our Services are entering into this Agreement with Dark Horse Technologies Ltd (Trading as “Omega Crop”), 71-75 Shelton Street, London, Greater London, United Kingdom, WC2H 9JQ. (“us/our/we/OMC”). In instances when you represent an entity or organization in this agreement, you thus warrant and assert that you have been authorized to agree to the provided Terms and to form a binding contract with us (for such cases, every reference to “you” and “your” in the Terms, with an exception of this paragraph, will concern that entity or organization which you have entered into this agreement on behalf of).
Legally binding. READ THESE TERMS CAREFULLY BEFORE USING OUR SITE AS USE OF THE SITE INDICATES THAT YOU HAVE BOTH READ AND ACCEPT THESE TERMS. YOU CANNOT USE THE SITE OR ANY OF OUR SERVICES IF YOU DO NOT ACCEPT THESE TERMS. Please read carefully Section 13 of these Terms which set out the arbitration provisions which is the agreed dispute resolution mechanism under these Terms, with the place of arbitration being England, UK.
Children. The Services are not aimed at anyone under the age of 18 years, and you warrant that, by using this Site and any Services, that you are aged over 18 or the appropriate age of legal capacity of the country in which you reside.
Changes. WE RESERVE THE RIGHT TO AMEND THESE TERMS AND ANY DOCUMENT REFERRED TO AT ANY TIME. YOU ARE EXPECTED TO CHECK THIS PAGE AND ITS LINKED PAGES FROM TIME TO TIME TO TAKE NOTICE OF ANY CHANGES WE MAKE AS THEY ARE BINDING ON YOU. SOME OF THE PROVISIONS CONTAINED IN THESE TERMS OF USE MAY ALSO BE SUPERSEDED BY PROVISIONS OR NOTICES PUBLISHED ELSEWHERE ON OUR SITE. Your continued use of any Services shall constitute your continuing acceptance of applicable Terms.
Due care. You should exercise due care when using the Services, as we do not conduct any criminal or other identity checks on any visitors or Services users, nor do we involve ourselves in any disputes between you and any other user (unless such dispute involves us being required by law or court order to take steps to remove content for example, in an intellectual property dispute). We are not responsible for anything that you do or say on the site, and we do not monitor the content of the site. However, if you post something in any area of the Services which allows users to post content, or in any communications with us, and we receive a complaint from a user or third party, we have the right to remove it if we believe it is in violation of any law or breaches these Terms of Use, or our Privacy Policy.
Through this Site we provide the information about the services as may be amended and provided from time to time. We strive to continually develop innovative services and functionalities, and we may offer your additional services or revise the scope of existing Services at our discretion, with or without notice to you, and these Terms shall apply to all such Services as provided at the relevant time of service provision. We may alter, modify, suspend or discontinue the Site, Services or any part thereof at any time.
You are permitted to use the Services for personal, consumer or your own internal business purposes (but not for commercial purposes including but not limited to whereby you re-sale or otherwise make profit from any third party by mispresenting the Services as your own, or by selling access to the Services to any third party (“Permitted Purpose”)).
In accessing the Site, or otherwise using any of the Services, you warrant and represent that you:
Any other use of this Site and the Services beyond the Permitted Purposes is prohibited and, therefore, constitutes unauthorized use of this Website. Unauthorized use of this Site may result in violation of various England and Wales and international copyright laws and other such similar software laws.
You warrant and represent that you will not use the Site or the Services in any way (nor seek to transmit, share, broadcast or other content, links to content or otherwise engage in any activity on or through the Site or Services), which, in our sole judgment is you using the Services:
Geo Location Terms. The Services include and make use of certain functionality and services provided by third-parties that allow us to include maps, geocoding, places and other Content from Google, Inc. (“Google”) as part of the Services (the “Geo-Location Services”). Your use of the Geo-Location Services is subject to Google’s then current Terms of Use for Google Maps/Google Earth (https://www.google.com/intl/en_us/help/terms_maps/) and by using the Geo-Location Services, you are agreeing to be bound by Google’s Terms of Use.
API. Subject to the terms and conditions contained in these Terms, we hereby grant you a non-exclusive, non-transferable right and license to access the third-party application programming interface available through the Site (collectively, the “API”) for the Permitted Purposes in connection with use of the Services as contemplated herein, conditioned on your compliance with these Terms. Such license is granted subject to any open source license terms presented prior to accessing the API. You will not make excessive or unrequired API calls. If you are deemed to be abusing the API network, you may be throttled or denied to stop potential attacks. You agree to comply with the Google API Terms of Service available at https://developers.google.com/terms/.
We offer certain Services for free. We also offer enhanced Services through a one-time use fee or through monthly or annual subscriptions (the “Subscription”), as described on our Site. You agree to pay all applicable fees related to Your use of this Site and Our Services which are described fully on https:// omegacrop.com/ or within the agreement between OMC and yourself. We may suspend or terminate Your account and/or access to Our Services and this Website if Your payment is late and/or Your offered payment method (e.g., credit card) cannot be processed. By providing a payment method, You expressly authorise Us to charge the applicable fees on said payment method as well as taxes and other charges incurred thereto at regular intervals, all of which depend on Your particular Subscription and utilised Services. All sales and payment of Subscription fees will be in either US Dollars or GBP depending on agreement with OMC. All Subscription fees are non-refundable. You agree that We may charge any unpaid fees to Your provided payment method and/or send You a bill for such unpaid fees.
We will charge Your credit card for Your first Subscription fee on the date that we process Your order for Your Subscription. Thereafter, we will charge Your credit card with the relevant Subscription fee monthly or annually (depending on Your Subscription) until You cancel Your Subscription in accordance with the terms below. If the credit card information You have provided is incorrect or incomplete or if We are unable to complete the transaction due to Your error or omission, We may attempt to contact You and inform You of the problem; however, failure to provide accurate and complete shipping and billing information may result in the delay or cancellation of Your Subscription. If You do not pay the Subscription fee, Your Subscription will be cancelled.
IMPORTANT NOTICE ON AUTOMATIC RENEWAL AND CANCELATION: WE WILL AUTOMATICALLY RENEW YOUR SUBSCRIPTION AND CHARGE YOU THE SUBSCRIPTION FEE ON EACH MONTHLY OR YEARLY ANNIVERSARY (DEPENDING ON THE SUBSCRIPTION YOU SELECTED) OF OR AROUND THAT DATE THAT WE FIRST CHARGE YOUR CREDIT CARD FOR THE FIRST SUBSCRIPTION FEE AND, AS AUTHORIZED BY YOU DURING THE SUBSCRIPTION SIGN-UP PROCESS, WE WILL CHARGE YOUR CREDIT CARD WITH THE APPLICABLE SUBSCRIPTION FEE, AND ANY SALES OR SIMILAR TAXES THAT MAY BE IMPOSED ON YOUR SUBSCRIPTION FEE PAYMENT, UNLESS YOU CANCEL ACCORDING TO THE CANCELLATION TERMS. TO CANCEL, PRIOR TO THE MONTHLY OR YEARLY ANNIVERSARY (DEPENDING ON THE SUBSCRIPTION YOU SELECTED) WHEN YOU FIRST SIGNED UP FOR YOUR SUBSCRIPTION, YOU MUST LOG INTO YOUR ACCOUNT AND CANCEL YOUR SUBSCRIPTION. EACH SUBSCRIPTION RENEWAL PERIOD IS MONTHLY OR YEARLY (DEPENDING ON THE SUBSCRIPTION YOU SELECTED). NO SUBSCRIPTION FEES CHARGED PRIOR TO THE EFFECTIVE DATE OF CANCELLATION WILL BE REFUNDED, IN WHOLE OR IN PART. WE REQUIRE A REASONABLE AMOUNT OF TIME TO PROCESS YOUR SUBSCRIPTION CANCELLATION REQUEST AND WE WILL SEND YOU A CONFIRMATION OF YOUR CANCELATION. IF YOU CANCEL YOUR SUBSCRIPTION, YOU WILL ENJOY YOUR SUBSCRIPTION BENEFITS UNTIL THE EXPIRATION OF THE THEN-CURRENT SUBSCRIPTION TERM FOR WHICH YOU HAVE PAID, AND YOUR SUBSCRIPTION BENEFITS WILL EXPIRE AT THE END OF THE THEN-CURRENT SUBSCRIPTION TERM.
These Terms and thus our agreement with you, will become effective from the point at which you first access the Site or otherwise first use the Services (whichever is earlier), and will remain in full force and effect unless and until your account is terminated.
If you have any queries about these Terms, the Services or if you wish to make a complaint, please contact us as follows:
email: support@omegacrop.com
postal mail: Dark Horse Technologies Ltd (Trading as “Omega Crop”), 71-75 Shelton Street, London, Greater London, United Kingdom, WC2H 9JQ
All provisions related to the proprietary rights, disclaimer of warranties, all warranties and representations made by you, indemnities, limitations of liability, and sections 11-13 of these Terms shall survive any termination of these Terms.
Privacy Policy. The terms of our Privacy Policy are expressly incorporated herein and form a part of your agreement with us.
Electronic communications. By using the Website and/or the Services provided on or through the Website, You consent to receiving electronic communications from Us. These electronic communications may include notices about applicable fees and charges, transactional information and other information concerning or related to the Website and/or Services provided on or through the Website. These electronic communications are part of Your relationship with Us. You agree that any notices, agreements, disclosures or other communications that We send You electronically will satisfy any legal communication requirements, including that such communications be in writing.
We sometimes provide links on this Site or through communications to third-party websites. We are not obligated to review any third-party websites that you link to from nor do we control any of the third-party websites. We are not responsible for any of the third-party websites (or the products, services, or content available through any of them) and we do not endorse or make any representations about such third-party websites, any information, software, products, services, or materials found there or any results that may be obtained from using them. If you decide to access any of the third-party websites linked to from this Site, you do this entirely at your own risk and you must follow the privacy policies and terms and conditions for those third-party websites.
You acknowledge and agree that the copyrights, trademarks and other intellectual property rights including registered and unregistered trademarks, across the Services and the content provided as part of the Services belongs to us or is used under exclusive license by us. No rights in respect of the Services or the content provided as part of the Services are granted to you other than those expressly set out in these terms of use. All rights not expressly granted herein are reserved. Except as otherwise required or limited by applicable law, any reproduction, distribution, modification, retransmission, or publication of any copyrighted material is strictly prohibited without the express written consent of the copyright owner or license.
Certain items of independent, third party code may be included in the Services and App(s) that are subject to open source licenses, including but not limited to those open source licenses found at https://opensource.org/licenses/MIT, https://creativecommons.org/licenses/by-sa/3.0/us/, https://www.apache.org/licenses/LICENSE-2.0, https://opensource.org/licenses/ISC, https://opensource.org/licenses/BSD-2-Clause, https://opensource.org/licenses/BSD-3-Clause, https://creativecommons.org/licenses/by-sa/2.0/uk/deed.en_GB and https://www.gnu.org/licenses/gpl-3.0.en.html (collectively, “Open Source Software”). The Open Source Software is licensed under the terms of the license that accompanies such Open Source Software. Nothing in these Terms limits your rights under, or grants You rights that supersede, the terms and conditions of any applicable end user license for such Open Source Software.
This section will apply to the maximum extent permitted by applicable law. We do not make or grant (and hereby exclude) any warranties, representations, conditions or terms of any kind, whether express, implied, statutory or otherwise with respect to the Services (including all information contained therein).
THIS SITE AND ALL OF OUR SERVICES ARE PROVIDED “AS IS” AND “WITH ALL FAULTS” AND THE ENTIRE RISK AS TO THE QUALITY AND PERFORMANCE OF THIS SITE AND SERVICES IS WITH YOU. WE EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KIND (EXPRESS, IMPLIED OR STATUTORY) WITH RESPECT TO THIS SITE OR ANY OF OUR SERVICES, WHICH INCLUDES BUT IS NOT LIMITED TO, ANY IMPLIED OR STATUTORY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR USE OR PURPOSE, TITLE, AND NON-INFRINGEMENT OF INTELLECTUAL PROPERTY RIGHTS. THIS MEANS THAT WE DO NOT PROMISE YOU THAT THE SITE AND/OR SERVICES IS FREE OF PROBLEMS.
Without limiting the generality of the foregoing, we make no warranty that your use of the Services will be secure, uninterrupted, always available, error-free or will meet your requirements, or that any defects in the Services will be corrected. We make no warranty as to the results that may be obtained from the use of this Site or our Services, or as to the accuracy or reliability of any information obtained through this Site or the Services. No advice or information, whether oral or written, obtained by you through this Site or the Services, or from us or our subsidiaries/other affiliated companies shall create any warranty. We disclaim all equitable indemnities.
To the maximum extent permitted by law, in no event will we be liable to you for any direct, indirect, exemplary, punitive, special or consequential loss or damage arising out of or relating, directly or indirectly, to these Terms, or your use or inability to use the Site or any Services, including, without limitation, loss of income or revenue, loss or corruption of data or programs, loss of goodwill and loss of anticipated savings or other economic advantage, even if we know or have been advised of the possibility of such loss arising.
Nothing in these terms of use will limit or exclude our liability for: (i) death or personal injury arising from our proven negligence; or (ii) fraud or fraudulent misrepresentations made by us.
You agree to indemnify us, our officers, directors, employees, agents, affiliates (and officers, directors, employees and agents of affiliate entities) for any claims, causes of action, debts, losses, costs, liabilities and expenses (including reasonable legal fees) relating to or arising, directly or indirectly, out of: (i) your, on anyone using your account’s use of or inability to use the Services, (ii) any content or information posted by you or anyone using your account, (iii) your or anyone using your account’s violation of these Terms, (iv) your or anyone using your account’s violation of any rights of a third party, or (iv) your or anyone using your account’s violation of any applicable laws, rules or regulations. We reserve the right to assume the exclusive defense and control of any matter otherwise subject to indemnification by you. You agree to provide us with full co-operation if we choose to exercise this right and all other terms of indemnification will continue to apply.
Entire agreement. These Terms, and any documents to which these Terms refer, such as our Privacy Policy, constitute a legally binding contract that governs the relationship between us and you. This agreement supersedes any conditions that may have been agreed to in the past, even if not directly withdrawn or amended, and constitute the entirety of the rights and obligations in place between us and you.
Language. These Terms are written in the English language and any proceedings relating to these Terms and any related dispute shall be conducted in English.
Severability and No Waiver. If any of these Terms are deemed inconsistent with applicable law, then such term(s) shall be interpreted to reflect the intentions of the parties, and no other terms will be modified. The failure of any party hereto to exercise any right, power or remedy provided under these Terms or otherwise available in respect hereof at law or in equity, or to insist upon compliance by any other party hereto with its obligations hereunder, and any custom or practice of the parties at variance with the terms hereof, shall not constitute a waiver by such party of its right to exercise any such or other right, power or remedy or to demand such compliance.
Governing Law and Jurisdiction. This agreement and any dispute or claim (including non-contractual disputes or claims) arising out of or in connection with it or its subject matter or formation shall be governed by and construed in accordance with the law of England and Wales.
Please read this section very carefully as it affects your legal rights.
In these Terms, “dispute” is given the broadest meaning enforceable by law and includes any claims against other parties relating to services or products provided or billed to You (whether by us, our licensors, affiliates, suppliers, dealers or third-party vendors) whenever You also assert claims against Us in the same proceeding. Any reference herein to “parties” means you, and us.
This Provision provides that all disputes between You and Us shall be resolved by binding arbitration because acceptance of These Terms constitutes a waiver of Your right to litigation claims and all opportunity to be heard by a judge or jury. To be clear, there is no judge or jury in arbitration, and court review of an arbitration award is limited. The arbitrator must follow this agreement and can award the same damages and relief as a court (including attorney’s fees).
You agree that you will not participate in any class action, and that no claim relating to any dispute can be brought by you unless you are acting solely as an individual in an individual action under any jurisdiction, and under no circumstances will class action procedures or rules apply to the arbitration or any other dispute process. IN ANY DISPUTE, NEITHER YOU NOR ANY OTHER PERSON SHALL BE ENTITLED TO JOIN OR CONSOLIDATE CLAIMS BY OR AGAINST OTHER AFFILIATES OR PERSONS, OR ARBITRATE ANY CLAIM AS A REPRESENTATIVE OR CLASS ACTION OR IN A PRIVATE ATTORNEY GENERAL CAPACITY. YOU ACKNOWLEDGE THAT YOU ARE GIVING UP YOUR RIGHTS TO PARTICIPATE IN A CLASS ACTION OR REPRESENTATIVE ACTION WITH RESPECT TO ANY SUCH CLAIM.
Any dispute, controversy, or claim arising out of, relating to, or in connection with this Agreement (including these Terms, the Site or Services) including with respect to the formation, applicability, breach, termination, validity or enforceability thereof, shall be determined by arbitration administered by the International Centre for Dispute Resolution (“ICDR”) in accordance with its International Arbitration Rules (“Rules”), except as such Rules may be modified herein or by mutual agreement of the parties. In certain cases, subject to the Rules, depending on the monetary value of any claim, expedited rules may be applicable in accordance with the Rules, and parties agree to follow any such expedited processes as determined by the Rules.
Notwithstanding clause 13 B above, either party may choose to submit any such dispute, controversy or claim to the courts of England and Wales, U.K., provided always that this election to litigate in court may only be made in the event that (a) the dispute has a monetary value which is low enough to qualify for the appropriate small claims court process, or (b) if you have opt-ed out and thus revoked your agreement to conduct proceedings by arbitration provided that such opt out has been completed within thirty (30) calendar days of the date on which you first accepted and consented to these Terms (in case of account holders, the date of account creation, and in case of site visitors, the date of first visit) (“the Opt Out Period”). In order to qualify as a valid opt out under these Terms, you must, within the Opt Out Period, email support@omegacrop.com with the following information: Your name; (2) Your address; (3) A clear statement that you do not wish to resolve disputes with us through arbitration. We will confirm receipt of this opt out request, and confirmation by us of receipt will constitute a valid opt out. Any request received out with the Opt Out Period will be deemed invalid. If arbitration has been commenced by a party at the time that the other party chooses to submit the matter to a court of competent jurisdiction as agreed, then it is agreed that such arbitration is to be discontinued, save where the party seeking to commence court proceedings has consented to the arbitration commencing previously, or has waived such right by filing an answering submission in the arbitration so as to render it inequitable to cause those proceedings to be stopped.
In the event of any dispute, controversy, or claim arising out of, relating to, or in connection with these Terms, or the breach, termination, or validity thereof, if you wish to commence arbitration (or court proceedings if applicable) (“Claim”) you shall first serve notice to us that a dispute has arisen and demand that negotiation commence. To do so, you must email us support@ omegacrop.com and include the following information: (1) Your name, (2) Your address, (3) A written description of your claim, and (4) A description of the specific relief/remedy that you are seeking, with an explanation of the legal basis for seeking such relief/remedy (“Claim Email”). If we fail to resolve the Claim amicably, you have the right to commence the arbitration (or litigation if permitted under these Terms), at any time after the date which falls thirty (30) days after we confirm receipt of your Claim Email.
The parties agree that the sole arbitrator shall be one of the persons listed on the ICDR Roster of Arbitrators. Within 30 days after receiving the request for arbitration, the respondent shall select one of those persons, and such person shall serve as arbitrator. In the event such person is unable to serve, the respondent shall, within five days after receipt from that person of notice of such inability, select another person from the ICDR Roster of Arbitrators, and such person shall serve as arbitrator. If necessary, this process shall continue until the arbitrator is so designated. If an arbitrator has not been appointed after three attempts, the Rules shall be followed and the ICDR shall be requested to appoint an arbitrator.
The seat of the arbitration shall be England and Wales and it shall be conducted in the English language provided that either party may submit testimony or documentary evidence in any language if it furnishes, upon the request of the other party, a translation into English of any such testimony or documentary evidence.
Either party has the right to apply to a court In England and Wales for interim relief necessary to preserve the party’s rights, including pre-arbitration attachments or injunctions, until the arbitrators are appointed. After appointment of the arbitrators, the arbitrators shall have exclusive jurisdiction to consider applications for interim relief.
The parties agree that they shall have no right to seek production of documents or any other discovery for purposes of the arbitration proceeding.
Except as otherwise provided in this Provision, the arbitrator may not consolidate more than one person’s claims and may not otherwise preside over any form of a class or representative proceeding or claims (such as a class action, consolidated action or private attorney general action) unless both you and we specifically agree to do so following initiation of the arbitration.
The arbitration award shall be final and binding on the parties. The parties undertake to carry out any award without delay and waive their right to any form of recourse based on grounds other than those contained in the United Nations Convention on the Recognition and Enforcement of Foreign Arbitral Awards of 1958 insofar as such waiver can validly be made. Judgment upon the award may be entered by any court having jurisdiction thereof or having jurisdiction over the relevant party or its assets. Any award shall be payable in Great British Pounds (GBP). Provided always that the prevailing party has complied with the Pre-Arbitration process laid out herein, the arbitrators shall award to the prevailing party its costs and expenses, including its reasonable legal fees and other costs of legal representation, as determined by the arbitrators.
The parties, any arbitrator, and their agents or representatives, shall keep confidential and not disclose to any non-party the existence of the arbitration, non-public materials and information provided in the arbitration by another party, and orders or awards made in the arbitration (together, the “Confidential Information”). If a party or an arbitrator wishes to involve in the arbitration a non-party including a fact or expert witness, stenographer, translator or any other person – the party or arbitrator shall make reasonable efforts to secure the non-party’s advance agreement to preserve the confidentiality of the Confidential Information. Notwithstanding the foregoing, a party may disclose Confidential Information to the extent necessary to: (1) prosecute or defend the arbitration or proceedings related to it (including enforcement or annulment proceedings), or to pursue a legal right; (2) respond to a compulsory order or request for information of a governmental or regulatory body; (3) make disclosure required by law or by the rules of a securities exchange; (4) seek legal, accounting or other professional services, or satisfy information requests of potential acquirers, investors or lenders, provided that in each case of any disclosure allowed under the foregoing circumstances (1) through (4), where possible, the producing party takes reasonable measures to ensure that the recipient preserves the confidentiality of the information provided. The arbitral tribunal may permit further disclosure of Confidential Information where there is a demonstrated need to disclose that outweighs any party’s legitimate interest in preserving confidentiality. This confidentiality provision survives termination of the contract and of any arbitration brought pursuant to the contract. This confidentiality provision may be enforced by an arbitral tribunal or any court of competent jurisdiction, and an application to a court to enforce this provision shall not waive or in any way derogate from the agreement to arbitrate.
If you have any questions about these Terms or otherwise need to contact us for any reason, you can reach us by email at support@omegacrop.com or by mail at Attn: Legal Department, Dark Horse Technologies Ltd, 71-75 Shelton Street, London, Greater London, United Kingdom, WC2H 9JQ.
Last updated: 08 August 2021
About: Dark Horse Technologies Ltd (Trading as “Omega Crop”), 71-75 Shelton Street, London, Greater London, United Kingdom, WC2H 9JQ. (“us/our/we/OMC”) recognises the importance of data privacy. In this Privacy Policy, we describe how we collect, use, and disclose information that we obtain about users of our website omegacrop.com (the “Site”) and all services available through our Site (collectively, the Site, and the services available through it, are the “Services”).
Acceptance: By using any of our Services (and provided consent where appropriate), you agree that any information that we collect from or about you through our Services, including personal information, anonymous information, and aggregate information, will be handled as described in this Privacy Policy.
Entire agreement: Your use of our Services, and any dispute over privacy, is subject to this Privacy Policy and any other applicable agreements between you and us, such as our Terms of Use, including any applicable limitations on damages and the resolution of disputes.
Changes: We reserve the right to make changes to this Policy at any given time. If you want to make sure that you are up to date with the latest changes, please be sure to check back periodically. We will post any changes, including any material changes, to this Privacy Policy on our Site.
Children and privacy: We do not solicit or target persons under 18 years of age. We do not knowingly collect any information relating to children under the age of 18. By submitting information to us you represent that you are over the age of 18 and if we discover that a child under 18 has provided us with personal information, we will promptly delete such personal information from our systems.
Applicable Laws: We value our users’ privacy, and we comply with all applicable data privacy laws of the jurisdictions in which we operate, including the General Data Protection Regulation ((EU) 2016/679); the UK’s Data Protection Act 2018; the Privacy and Electronic Communications Directive 2002/58/EC (as updated by Directive 2009/136/EC) and the Privacy and Electronic Communications Regulations 2003 (SI 2003/2426) as amended, collectively the “Data Laws”. The specific law that will apply to you and your data will be determined by the location in which you live: if you live in Europe, the EU GDPR will apply, and if you live in the UK, the UK’s Data Protection Act 2018 will apply. Any reference to ‘personal data’ within this Policy, has the meaning ascribed to it by either of these applicable regulations. If you are a resident of California, USA, the California Consumer Privacy Act may be applicable as explained in this Policy.
We collect information about you directly from you, from third parties, and automatically through your use of our Services. We may combine information collected from or about you from these various sources. You have choices about the data we collect. When you are asked to provide personal data, you may decline. But if you choose not to provide data that is necessary to provide a product or feature, you may not be able to use that product or feature. The data we collect depends on the context of your interactions with OMC, the choices you make, including your privacy settings, and the products and features you use.
We collect information about you directly from you as you input the information to our Services.
We will collect your personal details (which may or may not be considered personal data within the meaning of the Data Laws) including but not limited to your real name, username, telephone, location, email address and any other information you submit when you access our Site and opt to input data.
If you sign up to receive news or updates from us, we will collect information such as your email address, or your business name and location and other contact information if you provide us with it.
If you contact us in any manner we will keep any information you provide to us including records of correspondence, and you should be aware that from time to time we monitor and may record telephone calls and written correspondence for training and security purposes.
If you provide feedback or testimonials to us, or take part in any customer survey, or participate in events, promotions, product, feature or service launches, or competitions, we will keep any information you provide.
If you’re just browsing our Site or otherwise making any use of our Services we will collect different data as you do it, some of which may be considered personal data:
A record of all of your activity on our services including communication logs and search histories;
Some of these activities are a bit more detailed so please read below about the specifics of some of these data types and how we collect them from you.
We automatically collect information about you through your use of our Site or Services, including, without limitation:
Please see our Cookies and Other Tracking Mechanisms section below for more information. We may combine information we collect automatically with information we collect directly from you or from third parties.
We process data, including personal data (as may be defined by Data Laws), that we collect from you for the following legitimate purposes:
We use the information we collect about you:
We use the information we collect about you:
Our communications with you may include communications via email. Please see our section regarding Your Choices for more information about how to change your communications preferences.
We use the information we collect about you:
We use the information we collect about you:
We use the information we collect about you to comply with applicable legal or regulatory obligations, including as part of a judicial proceeding; to respond to a subpoena, warrant, court order, or other legal process; or as part of an investigation or request, whether formal or informal, from law enforcement or a governmental authority.
We use aggregate information about our users and non-personal information that we collect:
We may disclose your information, including personal information, as described to you at the time of collection and/or in accordance with this Privacy Policy as follows:
We may disclose your information to current or future affiliates or subsidiaries for research, marketing, and other purposes consistent with this Privacy Policy. Within our corporate family of companies, we may require to share your information to allow us to provide the services to you, if our companies support us in the context of being service providers, which may include, data hosting, server maintenance, customer support, data analytics, marketing, legal and financial services, payment processing and safety and security services.
We may disclose your information to our vendors, service providers, agents, or others who perform functions on our behalf. For example, we may disclose your information to third-party service providers to process payments on our behalf.
We may disclose your information to another entity in connection with, including during negotiations of, an acquisition or merger, sale or transfer of a business unit or assets, bankruptcy proceeding, or as part of any other similar business transfer to a buyer or prospective buyer of our business, our professional advisers, such as our lawyers, where it is necessary for them to advise and to any other persons if we are under a duty to disclose or share your information in order to comply with any legal obligation.
We may disclose your information to protect the safety, rights, property, or security of OMC, the Services, any third party, our users, or the general public; to detect, prevent, or otherwise address fraud, security, or technical issues, or loss or risk to life or threat of serious harm; to prevent or stop activity which OMC, in its sole discretion, may consider to be, or to pose a risk of being, an illegal, unethical, or legally actionable activity; to use as evidence in litigation; and to enforce this Privacy Policy or our Terms of Use.
We may be required by law e.g. through potential or actual litigation, court order, public or governmental authorities, or rules and regulations within or out with your country of residence to disclose all or part of your information to third parties. We may also deem it necessary to make such a disclosure in the event of an issue of national security, law enforcement or other such similar situations as we deem necessary including, for example, allegations of alleged infringement of copyright, trademarks or other third parties’ rights by users or any criminal activity, whether formal or informal, from law enforcement or a government official.
We may disclose aggregate, anonymous, or de-identified information about users for marketing, advertising, research, compliance, or other purposes.
We may share your information with our affiliates or third parties to develop and deliver targeted advertising to you of our or third party products and services, or to help us to prepare marketing reports. We may send you information about our or our affiliates’ products and services, news and offers, and selected third party products and services that we think may be of interest to you. We may do this by contacting you through your email address or mobile phone number that you have provided. Any communication received from us, as consented to by you, will clearly state that it is being sent by us. You have the option to opt-out of our marketing communications at any time (see below).
If you have consented to receive marketing communications from third parties your data may be passed on to such third parties as we enter into data sharing agreements with, from time to time, for marketing and analytical reporting purposes. We cannot be held liable for the content of the third party’s communications or products/services they are promoting. If you have provided this consent, but change your mind, you can opt-out at any time (see below). Please be advised that you will also require to contact the individual third parties who have been marketing to you if you wish to stop receiving their communications directly.
If you change your mind about the marketing consent you have granted to us, you can follow the opt out procedures contained in any marketing email, or you can opt out by emailing us at support@omegacrop.com
Please be aware that it may take up to ten (10) business days for us to process opt-out requests. Opting out of marketing emails will not impact upon email communications you may continue to receive which are relevant to the administration of your account, or relative to any other Services you have requested to receive from us (unless those have been opted out of also).
We, or our service providers, may collect information about your computer or mobile device by using Cookies. Cookies are small text files that are placed on your computer by websites that you visit and provide statistical data to us, that does not identify you personally but tell us a lot about your browsing habits to tailor your user experience to suit your needs. We use cookies to enhance our security, help us gather information during subscription and understand our web traffic trends and to share your non-personal information with carefully selected third parties for marketing purposes.
They enable us:
We use this cookie information to help improve the services we provide to you. When you visit the publicly available sections of the Services, a session ID cookie is placed on your computer that only lasts while you’re visiting. We also place persistent cookies (also known as local storage devices) on user computers, so that we remember them to make your login in process faster and easier.
You have the right to choose whether or not to accept cookies and we explain how you can exercise this right below. However, please note that if you choose to refuse cookies you may not be able to use the full functionality of our Sites and the websites of other companies. You may block cookies in several ways:
You can also block cookies by changing your browser settings so that cookies from this Site cannot be placed on your computer or mobile device. In order to do this follow the instructions provided by your browser (usually located within the “Help”, “Tools” or “Edit” facility). Disabling a cookie or category of cookie does not delete the cookie from your browser, you will need to do this yourself from within your browser.
Further information about cookies, including how to see what cookies have been set on your device and how to manage and delete them, visit www.aboutcookies.org and www.youronlinechoices.eu.
This table shows fully the cookie functions and why they are used, although our uses may change over time and it is important that you revisit this page to understand these uses:
COOKIE FUNCTIONS
COOKIE PURPOSES
Analytics and research
We use the information collected by Google Analytics to compile reports and to help us improve the site. The cookies collect information in an anonymous form, including the number of visitors to the site, where visitors have come to the site from and the pages they visited. You can opt-out of Google Analytics here: https://tools.google.com/dlpage/gaoptout?hl=en. We or our service providers use these tools to help us understand use of, and to improve, our Services, performance, and user experiences. These entities may use cookies and other tracking technologies, such as web beacons or local storage objects (LSOs), to perform their services.
We also use the information collected by Hotjar. If you have Cookies disabled, you won’t be tracked by any website using Hotjar. Most web browsers allow some control of most cookies through the browser settings. To find out what cookies have been set and how to manage and delete them, we recommend visiting All About Cookies (https://www.allaboutcookies.org/). You can opt-out of Hotjar here: https://help.hotjar.com/hc/en-us/articles/115011789248-Hotjar-Cookies
We may use cookies and other devices, such as CAPTCHAs, to help keep the Site and our users safe and secure by protecting the Site from fraud and spam attacks to keep your data safe.
These cookies and local storage devices provide the functionality that our users enjoy, such as uploading of photographs, chats, instant messaging, your account settings etc. We also use cookies to help provide experiences, such as links to other social media sites. In some cases, the site feature you choose may allow a third party to place cookies or local storage devices on your computer. The third party who places cookies on your device is responsible for how they process their data you should always read their privacy policies including Twitter and Facebook whose own privacy policies apply.
Our Services do not respond to Do Not Track signals. For more information about Do Not Track signals, please click here. You may, however, disable certain tracking as discussed in the Cookies and Other Tracking Mechanisms section above (e.g., by disabling cookies).
OMC retains the data collected pursuant to this Privacy Policy for the period necessary to fulfil the purposes outlined in this Privacy Policy unless a longer retention period is required or permitted by law. Thereafter if the collected data is no longer needed for purposes specified in this Privacy Policy, OMC deletes all aforementioned data in its possession within a reasonable timeframe (not more than 2 years).
Irrespective of the above, OMC may still retain some of the data to the extent such retention is necessary to resolve disputes, enforce OMC user agreements, and comply with technical and legal requirements and constraints related to the security, integrity and operation of Services and international law enforcement or matters of dispute.
If your account is ever terminated by us, or you have been identified by us as a potential or otherwise threat to our business, our Services, our Site or our users, your email address will be retained on our internal blacklist for as long as we deem necessary to protect the business and its users.
The personal data that we collect from you may be transferred to, and stored at, a location which is different to where you ordinarily reside, in particular, if you are a resident of the European Economic Area (‘EEA’) we may transfer your data outside of the EEA to countries including but not limited to United States where we host our servers. By submitting your personal data to us, you agree to this transfer, storing or processing. We will take all steps reasonably necessary to ensure that your data is treated securely and in accordance with this privacy policy and we enter into appropriate binding processor agreements with any such parties in compliance with Data Laws.
International Data Laws give users a number of rights which you are free to exercise at any time regarding any personal data that you have provided to us. Some of these are rights required by law, if you reside in UK or EU states, for example, however, others are applicable to all users as we wish to ensure that you have open access to your data, and the ability to amend your consents easily. You can view, edit, or delete your personal data online for many OMC products. You can make choices about OMC’s collection and use of your data. How you can access or control your personal data will depend on which products you use. You can always contact OMC by support@omegacrop.com. We will respond to requests to access or delete your personal data promptly and in any case within any time limits set by applicable Data Laws.
You can request a copy of the personal data that we hold about you and we aim to respond within 14 to 30 days. To obtain a copy of your data, simply email our data protection team at support@omegacrop.com. We may request you to provide additional information in order to verify your identity to protect the disclosure of information. We need to make sure you are who you claim to be when requesting copies of data, and once we are satisfied about your identity we will email or post a copy of your data to you. If this verification stage involves you providing us with any identification documents, these documents will be viewed for the purpose of verifying your identity prior to us making any personal data disclosures to you, and will the identification documents will not be stored for any period of time longer than this, nor will they be used for any purpose whatsoever other than facilitating your request for access. If you are not a resident of the UK or EU, we reserve the right to charge a small administration fee for provision of this information, if so permitted by the data laws governing your place of residence.
We want to make sure we have everything right in our database so please simply contact us at to make any amendments to our records by emailing support@omegacrop.com
It’s ok to change your mind about what personal data you are allowing us to use and keep and what you don’t want us to use or keep. You can contact support@omegacrop.com. We have to advise you however, that opting out of some personal data processing/storage will result in a loss of functionality of the services and a reduced user experience.
You have the right to have all of your personal data erased when you stop using the services. Sometimes we need to keep a record of some data for security purposes (for example to assist law enforcement agencies with any criminal investigations) or for payment processing (to prove to banks that we were authorised to take payments from you if you pay to use the services). To request erasure of all of your personal data please contact support@omegacrop.com
We may be required to act in compliance with the California Consumer Privacy Act (CCPA) and this section applies to you as an individual if you are a resident of California, USA, with references to personal information having the meaning given in that Act.
We collect the following categories of Personal Information, as defined by the CCPA:
Inferences, Identifiers, Commercial Information, Employment Information, all of which is described at Section 2 of this Policy. This information is collected for the purposes described in Sections 3 and 5 of this Policy and shared as described in Sections 4 and 5.
If you reside in California, then under the CCPA you have the following rights:
Please note that Your Right to Access and Right to Deletion are not absolute and are subject to certain exceptions. For instance, we cannot disclose specific pieces of Personal Information if the disclosure would create a substantial, articulable, and unreasonable risk to the security of the Personal Information, your account with us or the security of the business’s systems of networks.
You have the right to understand how we share or sell your personal information (as described in this Privacy Policy), and importantly you have the right to opt out of having your Personal Information sold as defined in the CCPA. For this purpose, we do not “sell” your information as defined by the CCPA, and any sharing of your data (which is not governed by the CCPA) is explained in this Privacy Policy.
You have the right to appoint an authorised agent to submit a request to opt-out of the sale of personal information on your behalf if you provide the authorised agent written permission to do so. If you use an authorised agent to submit a request, he or she must provide their name, email address, phone number, and written permission from you that includes your contact information. We will contact you using the information provided and verify your identity directly with us. We cannot respond to your request to provide additional disclosures or delete any personal information if we cannot verify your identity and the authorized agent’s authority to make the request on your behalf. Written permission is not required if the agent provides proof of power of attorney.
Unfortunately, the transmission of information via the internet is not completely secure. Although we will do our best to protect your personal data, we cannot guarantee the security of your data transmitted to the Site/Services; any transmission is at your own risk. We take reasonable administrative, physical, and electronic measures designed to safeguard and protect your information from unauthorised access or disclosure. This includes using secure software, which encrypts the personal information you input, and storing your information in encrypted form behind a firewall designed to block access from outside our network. Although we use commercially reasonable efforts to safeguard the privacy of your information, transmissions on the Internet cannot be made absolutely secure. Moreover, we cannot assure you that your personal information that we collect will not be used or disclosed inconsistently with this privacy policy. We assume no responsibility or liability for disclosure of any of your information due to errors in transmission, unauthorised third-party access, or other causes beyond our reasonable control.
In using your information for legitimate purposes, we may combine data we collect to give you a more personalised experience. However, to enhance privacy, we have built in technological and procedural safeguards designed to prevent certain data combinations. For example, we store data we collect from you when you are unauthenticated (not signed in) separately from any account information that directly identifies you, such as your name, email address or phone number. Where any information is required to be disclosed to third party service providers to ensure the provision of Services to you, all such third parties are subject to strict data processing agreements.
You should take steps to protect against unauthorised access to your device and account by, among other things, choosing a robust password that nobody else knows or can easily guess and keeping your log-in and password private. We are not responsible for any lost, stolen, or compromised passwords or for any activity on your account via unauthorised password activity.
SOME STATES OR JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES, SO THE FOLLOWING LIMITATION AND EXCLUSIONS MAY NOT APPLY TO YOU. TO THE FULLEST EXTENT ALLOWED BY APPLICABLE LAW, UNDER NO CIRCUMSTANCES AND UNDER NO LEGAL THEORY (INCLUDING, WITHOUT LIMITATION, TORT, CONTRACT, STRICT LIABILITY, OR OTHERWISE) SHALL OMC (OR ITS LICENSOR(S) OR SUPPLIER(S)) BE LIABLE TO YOU OR TO ANY OTHER PERSON FOR (A) ANY INDIRECT, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES OF ANY KIND, INCLUDING DAMAGES FOR LOST PROFITS, LOSS OF GOODWILL, WORK STOPPAGE, ACCURACY OF RESULTS, OR COMPUTER FAILURE OR MALFUNCTION, OR (B) ANY AMOUNT, IN THE AGGREGATE, IN EXCESS OF THE GREATER OF (I) $100 OR (II) THE AMOUNTS PAID BY YOU TO OMC IN CONNECTION WITH THE SERVICES IN THE THREE (3) MONTH PERIOD PRECEDING THIS APPLICABLE CLAIM, OR (C) ANY MATTER BEYOND OUR REASONABLE CONTROL.
Our Services may contain links to third-party websites and applications. Any access to and use of such linked websites and applications is not governed by this Privacy Policy but instead is governed by the privacy policies of those third parties. We are not responsible for the information practices of such third-party websites or applications and you should use caution and closely review any privacy policies applicable to any third-party websites or applications that may be linked to through our Site or Services.
This agreement and any dispute or claim (including non-contractual disputes or claims) arising out of or in connection with it or its subject matter or formation shall be governed by and construed in accordance with the law of England and Wales.
If you have questions about this Privacy Policy or the privacy aspects of our Services, please contact us at support@omegacrop.com
In accordance with the applicable UK and EU Data Laws, the following representatives are authorised to receive written communications on our behalf from the relevant supervising authorities and any data subjects exercising their rights under the UK Data Protection Act 2018, or the European General Data Protection Regulation:
UK Representative (in accordance with the UK Data Protection Act 2018):
Attn: Legal Department, Dark Horse Technologies Ltd, 71-75 Shelton Street, London, Greater London, United Kingdom, WC2H 9JQ.
We hope that we will be able to directly resolve any complaint that you may have, however, if you are not happy with how we handle any complaint, depending on your place of residence, you may be able to raise a complaint at any time to your country’s national data protection authority.