EN
JP
Imprint
Published by:
Mirai Scien Co. Ltd.
Global gate 11th floor, Hiraike 4-60-12, Nakamura, Nagoya, Aichi, Japan
Managing Director:
Dr. Tomofumi Hatakeyama
Phone: +81 (0)50-5361-1586
Email: info@mirai-scien.com
Terms of Use
GENERAL
You agree to this Terms and Conditions by using the App (SCIBAI). Please read them carefully before proceeding with your visit to this App. Do not use this App if you disagree with this Terms and Conditions.
DEFINITION
The App refers to the visible information content provided by the provider in this domain.
DATA PROTECTION
The provider takes your privacy.
The provider is entitled to use the personal information and data that you provide when using the application in accordance with the privacy policy.
COSTS OF USING THIS APP
The App is basically free of charge but has in-app purchase.
In accordance with these terms and conditions, the provider reserves the right to edit the App,
withdraw it from the market, or to begin invoicing for App services at any time, without notice and for any reason.
COPYRIGHT AND OTHER INTELLECTUAL PROPERTY RIGHTS
The software running the service, the site design, the logos and other graphics, articles and other texts as well as the database are protected by copyright and are property of the provider.
The information published on this App is subject to Japanese copyright and intellectual property law. Any use not permitted by Japanese copyright and ancillary copyright law requires the prior written consent of the provider or the owner of the rights. This applies in particular to the reproduction, adaptation, translation, storage, processing or dissemination of content in databases or in other electronic media and systems. Third party content and rights are marked as such. The unauthorized reproduction or distribution of content or entire pages is not permitted and is a punishable offence.
Display of this App screen in external frames is only allowed with written permission.
If the user leaves ideas and/or suggestions on an Internet site of the provider (e.g. www.mirai-scien.com, Facebook page, Twitter account) the provider is allowed to use such ideas free of charge in direct connection with the development, improvement and marketing of the App.
DISCLAIMER
Each party shall be liable under the statutory provisions in cases of intent and gross negligence and in cases of intent and gross negligence on the part of its legal representatives and agents. The same applies to culpably caused damages resulting from injury to life, limb or health, to damages caused by the absence of a guaranteed quality and in the case of fraudulently concealed defects.
In the case of ordinary negligence on the part of a party, its legal representatives or agents, the party shall only be liable for property and financial losses in cases of a breach of a contractual obligation;
this liability shall be limited to typical damages that could be anticipated upon entering into the contract.
The provider accepts no responsibility for ensuring that the server or information may be retrieved from locations outside Japan.
Users from outside Japan accessing this server have sole responsibility for compliance with all applicable local laws.
This App contains links (external links) to websites and third-party applications. These websites are the responsibility of their respective operators. The provider reviews links to external content for legal violations before creating an initial link.
At that time no legal violations were apparent. The provider has no influence on the current and future design and content of linked external pages. The inclusion of external links does not mean that the provider owns or endorses the content the link contains.
MOBILE OPERATOR
You hereby acknowledge that the terms and conditions of your mobile network operator (“operator”) apply when you use this App. It may be the case that your operator or a third party provides access to network connections for the duration of use of the App. You assume all costs incurred.
If you are not the person responsible for paying for the mobile phone or handheld the app runs on, it is assumed that you have received permission to use the app from the person liable for payment.
NOTICE AND TAKE DOWN
If a user feels that any information provided within the service infringes his/her or any third-party rights, s/he shall notify the provider before taking any legal action.
Upon such notification, the provider will expeditiously check the objectionable information and will, where necessary, remove or disable access to this information (notice and take down process).
The provider will respond to any such notification within two business days. Users shall not take any legal action before the provider has dismissed the notification or two business days have elapsed without response.
The provider has no liability for expenditures, including court and lawyer fees, if legal action is taken, except in cases in which the provider has caused the infringement intentionally, recklessly or negligently.
MISUSE
The provider reserves the right to take legal action against possible abuse of the App.
This particularly applies to publication on this site of content that is pornographic, racist, abusive, sexist, discriminatory, harmful to minors, violent or otherwise illegal.
Neither you nor any third party on your behalf may:
1. Create and distribute copies of the App
2. or try to copy, reproduce, alter, modify, reverse engineer, disassemble, decompile, transfer,
exchange or translate the App contents.
3. or create products of any kind derived from the App.
CHANGE OF THE TERMS AND CONDITIONS
The provider reserves the right to update these Terms and conditions from time to time and provide the amended Terms and conditions for your inspection.
The provider will inform the user about the change provided that they agreed to the notification. The use of the App is then determined by the modified Terms and Conditions.
APPLICABLE LAW
These Terms and Conditions, including its additions are an agreement solely under the law of Japan insofar as it is directly applicable within Japan. The Provider and the User waive all other law, including the law at the place of residence or usage of the User (if other than Japan) and any international trade law.
MISCELLANEOUS: FINAL PROVISIONS AND AMENDMENTS TO THE TERMS AND CONDITIONS OF USE
This agreement shall be governed by the laws of Japan.
If you have no place of jurisdiction in Japan, if you have transferred your permanent domicile abroad after these Terms of Use take effect or if your domicile or usual place of residence is unknown at the time legal action is taken, the sole place of jurisdiction for all disputes arising from this agreement will be the location of our registered offices.
Should individual provisions of these Terms of Use be or become invalid and/or contrary to the statutory provisions, this will not affect the validity remaining Terms of Use. In place of the invalid, unenforceable term, the Parties shall mutually agree on such valid commercial terms which the Parties would reasonably have agreed otherwise. The above-mentioned provision will apply correspondingly in the case of omissions in these provisions.
We reserve the right to amend and adapt these Terms and Conditions with effect for the future. You can request the currently applicable version of the Terms of Use via info@mirai-scien.com or access them at https://www.mirai-scien.com/en/home/scibai/term-of-use/. You will be notified by email no later than one month before new Terms and Conditions take effect. If you do not object to the validity of the new Terms of Use within one month after they take effect, you will be deemed to have accepted the new Terms of Use. We will inform you separately in suitable form about the significance of the one month’s notice period, your right to object and the legal consequences of non-objection. This amendment mechanism does not apply to amendments to the parties’ main contractual obligations.
SALVATORIUS CLAUSE
If any provision or provisions of this Terms and Conditions and its additions shall be held to be or become invalid, illegal, unenforceable or in conflict with the law of any applicable jurisdiction, the validity, legality and enforceability of the remaining provisions shall not in any way be affected or impaired thereby.
Privacy Notice
Last updated on: [2022-04-29]
The Controller is:
Mirai Scien Co. Ltd.
Global gate 11th floor, Hiraike 4-60-12, Nakamura, Nagoya, Aichi, Japan
Managing Director:
Dr. Tomofumi Hatakeyama
E-Mail: info@mirai-scien.com
This Privacy Notice applies to the processing of personal data in the context of the mobile applications SCIBAI (“App”)
APP
1. App download
When downloading the App, the necessary information is transferred to the App store, in particular user name, e-mail address and customer ID of your account with the App store provider, time of download, and the individual device identification number. This data processing happens in the context of your use of the App store and within the legal framework you have with your App store provider. We are not controlling this data processing and have no access to this data. However, we may receive anonymous aggregated statistical data from the App store providers based on this personal data.
2. App usage
This app has two main functionalities. The first one is to upload pictures of plants that are affected by a disease or pest in order to receive an automated diagnosis of what the disease or pest possibly is. The second one is to communicate with other app users by posting pictures and comments on in-app social media.
If you upload a picture, we collect in connection with such picture the following data:
User ID (internal) in case you are logged in as a community user
Location (nation, state/province/prefecture, city/town entered by user)
Timestamp
This data is processed for Performance of Contract in order to analyze the possible disease of pest, and in order to connect the image to your account. We also use the data, together with other data collected:
Image source (image taken with App or uploaded from device storage)
Locale of the App and your device (ISO country code)
Network type (e.g. mobile 3G, mobile 4G, WiFi)
for the purpose of improving the analysis results and algorithms, and improving the performance, stability, security and user experience of the App, based on a Legitimate Interest in these purposes.
Under no circumstances do we use the data collected for the purpose of drawing conclusions about you personally. For the latter purposes, we will store and process the data for the lifetime of the Services (without prejudice for any ‘right to be forgotten’ request from you – see below). Generally, after your community user ID has been deleted (see below for details) or if you take the image without being logged in, the data is anonymous. However, in individual cases you may still be indirectly identifiable (e.g. based on IP address or location estimated from the uploaded image); we will not undertake any efforts to identify you by this data, and will not co-operate in doing so unless we are legally obliged and ordered to do so by a competent authority or court.
3. Push Notifications
The App provides Push Notifications that appear in the notification panel of your device. The notifications include information about responses to your community contributions and important information from us. You can disable push notifications in setting menu in the app, or disable push notifications entirely in the App settings.
4. Community
1. Community as a part of the App
If you use the community as a part of the App, all information above about the App is applicable to the community as well.
2. Community account
If you use the community as a part of the App, all information above about the App is applicable to the community as well.
Nickname (pseudonym)
User-ID (internal)
E-mail address
User picture
Selected language(s)
This data is processed by us for the purpose of providing the community to you and other users. In particular, the base data is required to maintain your user account, and to contact you via e-mail or push notifications. This data is processed for Performance of Contract. We will restrict the processing of this data once you delete your user account. Your data will further be stored in order to document your community participation for the purposes of legal defense, which is a Legitimate Interest, for the duration of three full years, and afterwards be deleted.
3. Community usage
In the course of you using the community, we collect, compute and process the following personal data of you:
Follower connections
User page views
User contributions (public messages)
User information (your user ID)
Message subject and body (and any personal data contained therein)
Timestamp
Picture uploaded or referenced with the message
Location data
Message tags (reference to certain topic categories)
Language of the message
Direct message between users
User rank
Reputation
The data bases on interactions of users within the App and is processed in order to make the community work in a way that users can interact and trust each other. The follower connections base on you following other users or other users following you, respectively, within the community. Based on the interactions, we compute users ranks and reputation for your user account in order for other users to get an idea of your seniority within the community. This data is processed for Performance of Contract. If you choose to delete your App account, you may request us to anonymize the data. Otherwise, we will continue to store this data out of our Legitimate Interest to maintain community content that bases on interactions usable for all users (without prejudice for any ‘right to be forgotten’ request from you – see below).
5. Information Stored on your Device (Cookies etc.)
When you use the App, we use technologies to store information on your device. We refer to these technologies as “cookies”, while, for the purpose of this Privacy Notice,
this also includes functionally similar technologies (e.g. HTML5 storage objects). Our web server supplying the App connects to can store cookies on your computer or mobile device, respectively. The cookie data are then transmitted back if your computer or mobile device requests information from our servers, so that cookie data can be processed in order to provide the requested information.
We use:
Session cookies which are deleted automatically if you close the App;
Persistent cookies which remain on your device for a pre-defined period of time.
We use cookies to:
identify anonymous users (so you are re-identified, but the information is not connected you
personally)
identify registered users in the App
We do only use first-party cookies, i.e. cookies that are only functional towards our servers (including servers of others that process data on our behalf). We do not use any third-party cookies, including cookies that allow others to track your behavior.
6. Contact Form and E-Mail
When you contact us by e-mail or via a contact form, we will store and process your e-mail address and, if you provide it, your name in order to respond to your message. We will restrict the processing of the data arising in this context after processing is no longer necessary.
Your message and our response will further be stored for the duration of six full years, and afterwards be deleted.
7. Analytics
For our App, we use Google Analytics for Firebase and Google Admob services provided to us by Google, LLC, 1600 Amphitheatre Parkway, Mountain View, CA 94043, USA (“Google”). With both services, we track the behavior of the App (in terms of performance and crash reports) as well as the usage by users.
We collect the following data in this context:
Special pseudonymous ID
Unique device identifier
App performance data
Basic information about your device (model and operating system)
IP address (truncated and anonymized instantly by Google)
We collect this data in order to fix eventual problems and further improve our App in terms of technology, stability, security and user experience, based on a Legitimate Interest in these purposes.
We will fully anonymize the data within a couple of minutes after your usage session. Under no circumstances do we use the data collected for the purpose of drawing conclusions about you personally. Our Services use Google Analytics, a web analysis service provided by Google. With this service, we track the behavior of users in order to generate anonymous statistics. This included ‘clickstreams’, i.e. which functions of the App you see in which order. Google Analytics uses Cookies. You can find further information about Google Analytics’ Privacy Policy at https://www.google.com/intl/de/analytics/privacyoverview.html. We collect the following data in this context:
Special pseudonymous Cookie ID
Clickstream
IP address
Date and time of the request
Content of the request (specific page URL, but not the content of the page as such)
Information about operating system and browser software
Preferred language setting and screen resolution
We collect this data in order to fix eventual problems and further improve our Services in terms of technology, stability, security and user experience, based on a Legitimate Interest in these purposes.
We will fully anonymize the data within 26 months after your usage session. Under no circumstances do we use the data collected for the purpose of drawing conclusions about you personally.
8. Data Transfers (including third-country transfers)
1. Ordinary course of internet connections
All Services are based on internet connections. Your data is transferred to us via the internet and vice versa. Also, the data you make public through the Services (e.g. your posted pictures, profile information, community contributions) are transferred to other users of the service via the Internet.
This happens in the course of Performance of Contract. Internet connections are potentially
worldwide. Depending on your location, or the locations of other users respectively, data may be transferred to and from countries that have no adequate level of data protection.
2. Sign-In via Google
You may optionally choose to sign up for the Community via Google Sign-In, using a pre-existing Google account. By doing so, you instruct Google to transfer your personal data (as indicated in the sign-up process by Google; we may request nickname, e-mail address, and user picture) to us, while Google in return receives the information that you signed up for the App.
Google, LLC, is located in a third county, the United States of America, and has certified itself under the EU-US Privacy Shield program that the EU Commission found to provide adequate protection of personal data. Please consult Google’s terms and privacy policy for more details. The legal basis is Performance of Contract.
3. Sign-In via Facebook Connect
You may optionally choose to sign up for the Community via Facebook Sign-In, using a pre-existing Facebook account. By doing so, you instruct Meta Platforms, Inc. to transfer your personal data (as indicated in the sign-up process by Meta; we may request nickname, e-mail address, and user picture) to us, while Meta in return receives the information that you signed up for the App.
Meta Platforms, Inc., is located in a third county, the United States of America, and has certified itself under the EU-US Privacy Shield program that the EU Commission found to provide adequate protection of personal data. Please consult Meta’s terms and privacy policy for more details. The legal basis is Performance of Contract.
10. Legal Bases
We refer to different legal bases in this Privacy Notice. Such terms refer to certain provisions of the General Data Protection Regulation (GDPR):
“Consent” refers to Art 6 para 1 sentence 1 lit a GDPR.
“Performance of Contract” refers to Art 6 para 1 sentence 1 lit b GDPR.
“Legal Obligation” refers to Art 6 para 1 sentence 1 lit c GDPR (in conjunction with the legal
obligation named for each individual case).
“Legitimate Interest” refers to Art 6 para 1 sentence 1 lit f GDPR.
11. Withdrawal of Consent and Objection to Data Processing
1. If you have given your Consent to the processing of your data and/or the receipt of marketing e-mails, you can withdraw your Consent at any time with effect for the future. To do this, notify (e.g. by e-mail) the Controller mentioned under 1. above or its data protection officer.
2. To the extent we base the processing of your personal data on a Legitimate Interest, you may object to the processing. To do this, notify (e.g. by e-mail) the Controller mentioned under 1.
above or its data protection officer. If you wish to file such an objection, we kindly ask you to explain the reasons why your interest outweighs ours. In the event of your objection, we will check the situation and either stop or adjust our processing of your data, or point out to you our overriding interest, on the basis of which we will continue our processing.
12. Your rights
You are entitled to request from us:
Access to your personal data (right to information) pursuant to Article 15 GDPR,
Rectification of any inaccurate personal data pursuant to Article 16 GDPR.
Erasure of your personal data (“right to be forgotten”) in particular cases in accordance with
Article 17 GDPR.
Restriction of processing your personal data for the period during which a rectification or
erasure request is examined, in accordance with Article 18 GDPR.
To receive your personal data in a structured, commonly used and machine-readable format for transmission to another controller (right to data portability) in accordance with Article 20
GDPR.
If you wish to exercise one or several of these rights, please notify (e.g. by e-mail) the Controller mentioned under 1. above or its data protection officer.
13. Complaints
If you wish to complain about data processing, please notify (e.g. by e-mail) the Controller mentioned under 1. above or its data protection officer. If you reside within the European Economic Area (EEA), you may also choose to file your complaint with your local data protection supervisory authority.
14. Amendments to this Privacy Notice
This Privacy Notice is currently valid as of Jan 18th, 2022. We reserve the right to amend this Privacy Notice.
Consent
By accessing and/ or using the Services, you consent to the collection, use, storage, transfer and processing of your personal data in accordance with this policy. Please read this Privacy Policy carefully to understand how your personal data is handled and your rights in its regard. If you do not agree with any of the terms contained in this Privacy Policy, please do not use or access the Services.
Processing Personal Data of Children
You must be aged 18 years or over to avail of the Services offered by us. If you are aged below 18 years, please ensure your use of our Services is consented to by your parent or legal guardian.
Data Retention
If an individual deletes or deactivates their account, then their personal data will be deleted as per requirements under applicable law.
Changes to Privacy Notice
If we make any material changes to this Privacy Notice, we will notify you either through the email address you have provided us, or by placing a prominent notice on our Website, App and Community.
Your continued use of the Service after we post any modifications to the Privacy Notice will
constitute your acknowledgment of the modifications and your consent to abide and be bound by the modified Privacy Notice.
Security Standards
We are committed to protecting your personal data from loss, theft and misuse. We take all
reasonable precautions to safeguard the confidentiality of your personal data, including through use of appropriate organizational and technical measures.
Data Transfers
While transferring your personal data to another body corporate or natural person, for purposes necessary to perform contractual obligations to you, we will make sure that this is done as required by applicable laws, and that the same level of data protection adhered to by us is adhered to by such entity to whom the data is being transferred.