FoodChain ID’s mission is to assure the safety, quality and integrity of the global food supply chain and provide customers integrated solutions to do so. Central to our mission is our commitment to be transparent about the data we collect about you, how it is used, and with whom it is shared.
Acceptance of the Terms of Use
These terms of use are entered into by and between You and FoodChain ID Group, Inc., its affiliates and subsidiaries (“Company” or “we” or “us”). The following terms and conditions, together with any documents that expressly incorporate by reference (collectively, these “Terms of Use“), govern your access to and use of our websites: foodchainid.com, scc3.foodchainid.com, inSYTE.foodchainid.com, gcp.genetic-id.com (collectively, our “Websites“), including any content, functionality and services offered on or through the Website.
Please read the Terms of Use carefully before you start to use the Website. By using the Website or by clicking to accept or agree to the Terms of Use when this option is made available to you, you accept and agree to be bound and abide by these Terms of Use and our Privacy Policy, found at foodchainid.com/terms-of-use and foodchainid.com/privacy, incorporated herein by reference. If you do not want to agree to these Terms of Use or the Privacy Policy, you must not access or use the Website.
This Website is offered and available to users who are 18 years of age or older. By using this Website, you represent and warrant that you meet all of the foregoing eligibility requirements. If you do not meet all of these requirements, you must not access or use the Website.
For purposes of the General Data Protection Regulation, the Data Controller is FoodChain ID Group, Inc., and the EU Representative is FoodChain ID Certification Limited, whose Contact Information can be found below.
Throughout this Policy we use the term “Designated Countries” to refer to countries in the European Union (EU), European Economic Area (EEA), and Switzerland. If you reside in the Designated Countries, you have a number of important rights we want you to be aware of. These rights will be indicated by reference to the Designated Countries where applicable.
Changes to the Terms of Use
We may revise and update these Terms of Use from time to time at our sole discretion. All changes are effective immediately when we post them and apply to all access to and use of the Website thereafter. If we make material changes to these Terms of Use, we will provide you notice through our Website pop-ups, or by other means, to provide you the opportunity to review the changes before they become effective.
You acknowledge that your continued use of our Website after we publish or send a notice about our changes to these Terms of Use means that the collection, use and sharing of your personal data is subject to the updated Terms of Use. Your continued use of the Website following the posting of revised Terms of Use means that you accept and agree to the changes.
Obligations
Here are some promises that you make to us by your acceptance of these Terms of Use:
Your account
If you choose to create an Account on our Website, you agree to the following:
- You will keep your password a secret.
- You will not share an Account with anyone else and will follow our rules, including but not limited to these Terms of Use and our Privacy Policy, and the law.
- You are responsible for anything that happens through your Account unless you close it or report misuse.
Payment
If you choose to create an Account on our Website, you agree to the following:
- You will honor any payment obligations and you consent to us storing your payment information. You understand that there may be fees and taxes that are added to our prices.
- Your purchase may be subject to foreign exchange fees or differences in prices based on location (e.g. exchange rates).
Notices and messages
By accessing our Website, you agree to the following:
- You consent to us providing notices and messages to you regarding our Website or services. If your contact information is out of date, you may miss out on important notices.
- You agree that we will provide notices and messages to you in the following ways: (1) within the Website, or (2) sent to the contact information you provided us (e.g., email, mobile number, physical address). You agree to keep your contact information up to date.
Rights and limits
You own your information
You own all of the content, feedback, and personal information you provide to us. We’ll honor the choices you make about how we use your information. You and the Company agree that if any of your information includes personal data, it is subject to our Privacy Policy.
You and the Company agree that we may access, store, process and use any information and personal data that you provide in accordance with the terms of our Privacy Policy.
You agree to only provide information that does not violate the law nor anyone’s rights (including intellectual property rights). You also agree that information you provide will be truthful. The Company may be required by law to remove certain information.
Other content, sites and apps
By using our Website or services, you may encounter content or information that might be inaccurate, incomplete, delayed, misleading, illegal, offensive or otherwise harmful. We cannot always prevent this misuse of our services, and you agree that we are not responsible for any such misuse.
You are responsible for deciding if you want to access or use third-party apps or websites that may link from our Website or services. If you allow a third-party app or website to authenticate you, that app or website may be able to access information related to you. Third-party apps and websites have their own legal terms and privacy policies, and you may be giving others permission to use your information in ways we would not. Except to the limited extent it may be required by applicable law, the Company is not responsible for these other websites and apps––use these at your own risk. Please see our Privacy Policy.
Limits
The Company reserves the right to limit your use of our Website or services, including the number of your connections. The Company reserves the right to restrict, suspend, or terminate your Account if the Company believes that you may be in breach of these Terms of Use, our Privacy Policy, or law or are misusing the Website or our services.
Intellectual property rights
The Company reserves all of its intellectual property rights in our Website and services. Using the Website or services does not give you any ownership in our services or the content or information made available through our Website or services. Trademarks and logos used in connection with the Website or services are the trademarks of their respective owners.
Automated processing
We will use the information and data that you provide and that we obtain about you to make recommendations for connections, content and features that may be useful to you. For example, we may use data and information about you to recommend products to you. Keeping your information accurate and up-to-date helps us to make these recommendations more accurate and relevant.
Disclaimer and limit of liability
No warranty
TO THE EXTENT ALLOWED UNDER LAW, THE COMPANY AND ITS AFFILIATES (AND THOSE THAT THE COMPANY WORKS WITH TO PROVIDE THE SERVICES) (A) DISCLAIM ALL IMPLIED WARRANTIES AND REPRESENTATIONS (E.G. WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, ACCURACY OF DATA, AND NONINFRINGEMENT); (B) DO NOT GUARANTEE THAT THE SERVICES WILL FUNCTION WITHOUT INTERRUPTION OR ERRORS, AND (C) PROVIDE THE SERVICE (INCLUDING CONTENT AND INFORMATION) ON AN “AS IS” AND “AS AVAILABLE” BASIS.
SOME LAWS DO NOT ALLOW CERTAIN DISCLAIMERS, SO SOME OR ALL OF THESE DISCLAIMERS MAY NOT APPLY TO YOU.
Exclusion of liability
TO THE EXTENT PERMITTED UNDER LAW (AND UNLESS THE COMPANY HAS ENTERED INTO A SEPARATE WRITTEN AGREEMENT THAT OVERRIDES THIS CONTRACT), THE COMPANY AND ITS AFFILIATES (AND THOSE THAT THE COMPANY WORKS WITH TO PROVIDE THE SERVICES) SHALL NOT BE LIABLE TO YOU OR OTHERS FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, OR ANY LOSS OF DATA, OPPORTUNITIES, REPUTATION, PROFITS OR REVENUES, RELATED TO THE SERVICES (E.G. OFFENSIVE OR DEFAMATORY STATEMENTS, DOWN TIME OR LOSS, USE OF, OR CHANGES TO, YOUR INFORMATION OR CONTENT).
IN NO EVENT SHALL THE LIABILITY OF THE COMPANY AND ITS AFFILIATES (AND THOSE THAT THE COMPANY WORKS WITH TO PROVIDE THE SERVICES) EXCEED, IN THE AGGREGATE FOR ALL CLAIMS, AN AMOUNT THAT IS THE LESSER OF (A) FIVE TIMES THE MOST RECENT MONTHLY OR YEARLY FEE THAT YOU PAID FOR A SERVICE, IF ANY, OR (B) $1,000 USD.
THIS LIMITATION OF LIABILITY IS PART OF THE BASIS OF THE BARGAIN BETWEEN YOU AND THE COMPANY AND SHALL APPLY TO ALL CLAIMS OF LIABILITY (E.G. WARRANTY, TORT, NEGLIGENCE, CONTRACT, LAW) AND EVEN IF THE COMPANY OR ITS AFFILIATES HAS BEEN TOLD OF THE POSSIBILITY OF ANY SUCH DAMAGE, AND EVEN IF THESE REMEDIES FAIL THEIR ESSENTIAL PURPOSE.
SOME LAWS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY, SO THESE LIMITS MAY NOT APPLY TO YOU.
Termination
Both you and the Company may terminate their agreement under these Terms of Use at any time with notice to the other. On termination, you lose the right to access or use the services. The following shall survive termination:
- Our rights to use and disclose your feedback;
- The following Sections of these Terms of Use: Disclaimer and Limit of Liability; Governing Law and Dispute Resolution; and General Terms;
- Any amounts owed by either party prior to termination remain owed after termination.
If you created an Account, you can contact us using our Contact Information below to close your Account.
Governing law and dispute resolution
In the unlikely event we end up in a legal dispute, the Company and you agree to resolve it in Iowa courts using Iowa law. Specifically, you and the Company agree that the laws of the State of Iowa, U.S.A., excluding its conflict of laws rules, shall exclusively govern any dispute relating to these Terms of Use and/or the services. You and the Company both agree that all claims and disputes can be litigated only in the federal or state courts in Jefferson County, Iowa, USA, and you and the Company each agree to personal jurisdiction in those courts.
General terms
If a court with authority over these Terms of Use finds any part of them unenforceable, you and we agree that the court should modify the terms to make that part enforceable while still achieving its intent. If the court cannot do that, you and we agree to ask the court to remove that unenforceable part and still enforce the rest of these Terms of Use.
If we don’t act to enforce a breach of these Terms of Use, that does not mean that we have waived our right to enforce these Terms of Use. You may not assign or transfer your rights under these Terms of Use to anyone without our consent. However, you agree that we may assign our rights under these Terms of Use to our affiliates or a party that buys the Company without your consent. There are no third-party beneficiaries to these Terms of Use.
You agree that the only way to provide us legal notice is at the addresses provided in the “Contact Information” section below.
Contact information
All questions, comments and requests regarding these Terms of Use should be addressed to:
FoodChain ID Group, Inc.
Attn: Terms of Use Compliance
504 North 4th Street
Fairfield, IA 52556
641-472-9979
terms-of-use@foodchainid.com
For purposes of the General Data Protection Regulation, residents of the Designated Countries may contact our EU Representative with all questions, comments and requests regarding this Privacy Policy:
EU Representative:
FoodChain ID Certification Limited
Attn: Terms of Use Compliance
First Floor, Unit 50,
Drayton House, Drayton Manor Business Park,
Coleshill Road, Tamworth,
B78 3TL
+44 (0) 121 308 9130