Terms of Use

About the app

VitiCanopy allows the user to obtain canopy architectural parameters for plants, in particular grapevine, using cover digital photography and automated analysis by applying gap size assessment algorithms

The VitiCanopy App collects information about images you upload along with your personal information. This will allow a better understanding of canopy cover and the users of the app and how this changes over time. The data and material collected will provide a better understanding about canopy cover and the users of the app with the view to streamline the effective care for plants, in particular vineyards. For more information, visit the VitiCanopy website https://www.viticanopy.com.au. VitiCanopy is managed by the University of Adelaide ABN 61 249 878 937, a body corporate established under The University of Adelaide Act 1971 (SA) as amended, of North Terrace, Adelaide SA 5005 Australia (‘the “University of Adelaide”). All reference to “we” or “us” are references to the University of Adelaide.

Terms

By using the VitiCanopy App, you agree to these terms of use. If you do not agree, please do not use the VitiCanopy App. These terms of use may change from time to time. Please revisit these terms of use from time to time to ensure you are familiar with the current terms.

You agree that you are participating and submitting material (photographs and text) using the VitiCanopy App voluntarily and in good faith.

You retain ownership in all material you submit using the VitiCanopy App. If you submit others’ material, you must make sure that you have the owner’s permission. If you are not an adult, please make sure you have permission from your parent or guardian.

You are responsible for all the material submitted using the VitiCanopy App. You agree to make sure that the material you submit is as accurate as you can. Please do not upload any inappropriate content. Inappropriate content includes photographs that have been digitally altered and rude or obscene images or text. We reserve the right to remove any material submitted as we see fit. You are responsible to safeguard your password to the Services, and keep your account information current. Don’t share your account credentials or give others access to your account.

By using the VitiCanopy App and by submitting photos and information) you agree to grant permission to the University of Adelaide to access, use, reproduce and communicate (in hardcopy or electronic format) any photographs and/or video recordings submitted to VitiCanopy, for education, research (including publications) and promotional purposes (including but not limited to the University’s website and social media sites, promotional and marketing materials).

Privacy

You will need to provide a phone number and email address prior to entering information or images so we can register an account for you and store maps and images for you when you login and to keep you informed about the use of the information provided. You are not required to, but may provide other profile details. No other information identifying you will be made available.

We will collect the information you supply in your profile for our purposes including analysing quality of submissions. We will not sell or otherwise make available your personal information to any third parties unless required to do so by law, law enforcement agencies or authorised government direction.

For more information, please see the https://www.viticanopy.com.au/privacy.

If you would like to amend your personal details or wish to view the information we hold, please email support@viticanopy.com.au or by writing to VitiCanopy, room 2.11, School of Biological Sciences, University of Adelaide, South Australia 5005.

Disclaimer

We will do our best to ensure that the VitiCanopy App is working and kept updated. However, we do not promise that it will work all the time or that we will maintain the VitiCanopy App indefinitely.

We are not liable for any loss or damages (including personal injury, death or indirect, consequential or monetary damages) arising from the use of or the inability to use the VitiCanopy App or the VitiCanopy website at any time, the content of the website portal supplied by members of the public or from any event occurring as a result of use of the VitiCanopy App.

You expressly understand and agree that:

  1. • a. Your use of VitiCanopy is at your sole discretion and risk. VitiCanopy is provided on an "as is" and "as available" basis without any warranty of any kind. To the maximum extent permitted by law, ARI/University of Adelaide expressly disclaim all warranties and conditions of any kind, whether expressed or implied, including, but not limited to the implied warranties and conditions of merchantability, fitness for a particular purpose and non-infringement with respect to the application. With respect to any non-excludable guarantee or condition, ARI’s/the University’s liability is limited in the sole discretion of ARI/the University to re-supplying the application or refund of any fees paid.
  2. • b. ARI/University of Adelaide do not warrant that (i) VitiCanopy will meet your requirements, (ii) VitiCanopy will be uninterrupted, timely, secure or error-free, (iii) the results that may be obtained from the use of VitiCanopy will be accurate or reliable, (iv) the quality of any products, services, information or other material purchased or obtained by you through VitiCanopy will meet your expectations, and (v) any errors in the software will be corrected. VitiCanopy has been calibrated using a 43 degrees field of view camera. For cameras with different specifications we cannot guarantee that the results are correct and the user will need to recalibrate according to the cameras specifications.
  3. • c. Any material downloaded or otherwise obtained through the use of VitiCanopy is done at your own discretion and risk and that you will be solely responsible for any damage to your computer system or other mobile or other device or loss of data that results from the download or use of any such material.
  4. • d. You expressly understand and agree that ARI/University of Adelaide shall not be liable to you for any direct, indirect, incidental, special, consequential or exemplary damages, including but not limited to, damages for loss of profits, goodwill, use, data or other intangible losses (even if ARI/University of Adelaide have been advised of the possibility of such damages) resulting from: (i) the use or the inability to use VitiCanopy; (ii) any loss of data or damage to your mobile device; (iii) the cost of procurement of substitute goods and services resulting from any goods, data, information or services purchased or obtained or messages received or transactions entered into through or from ARI/University of Adelaide; (iii) unauthorised access to or alteration of your transmissions or data; (iv) statements or conduct of any third party; or (v) any other matter relating to VitiCanopy.

Acknowledgements

VitiCanopy was designed and developed by the School of Agriculture, Food and Wine, The University of Adelaide, www.agwine.adelaide.edu.au.

The School of Agriculture, Food and Wine represents a world-class concentration of scientific research and education, with infrastructure and resources at the Waite Campus of the University of Adelaide. The School is the centrepiece of the Southern Hemisphere’s largest collection of expertise in plant genomics, crop improvement, sustainable agriculture, animal science, dryland farming, horticulture, viticulture, oenology and wine business.

Supporters

The development of this App was supported and made possible by the former “Wine 2030” initiative of the University of Adelaide (now the University of Adelaide Wine Future-UAWF- http://www.adelaide.edu.au/wine-future). Additional funding was provided by the Australian Grape and Wine Authority (AGWA) through the project UA1207 “Optimising vine balance in Australian vineyards: developing a toolbox for industry to ensure best practice, sustainability and profitability”.

Privacy Policy

Thanks for using Viticanopy! Here we describe how we collect, use and handle your information when you use our websites, software and services ("Services").

Last updated: June 2019

The University of Adelaide ABN 61 249 878 937 a body corporate established under the University of Adelaide Act 1971 (SA) of North Terrace, Adelaide SA 5000 ("us", "we", or "our") operates VitiCanopy (the "App"). This page informs you of our policies regarding the collection, use and disclosure of Personal Information we receive from users of the App.

We use your Personal Information only for providing and improving the App. By using the App, you agree to the collection and use of information in accordance with this policy.

Commitment to the protection of your privacy

We are fully committed to the protection of your privacy under the Australian Privacy Principles (APP’s) as defined in the Privacy Act 1988 (Cth). We are also committed to the EU General Data Protection Regulation (GDPR) which is designed to strengthen and unify data protection laws for all individuals within the European Union. The regulation became effective and enforceable on the 25th of May 2018.

The University of Adelaide is fully committed to compliance with the APP’s and the GDPR. This policy is subject to the University of Adelaide Privacy Policy and the Privacy Management Plan.

What information do we collect?

All data, including photos, tracking and geographical data that is used by the App is stored in your device and on Amazon Web Services. If you take photos of individuals and upload them to the App, we do not take any responsibility, nor use this image for any purpose.

We collect certain personally identifiable information that can be used to contact, track or identify you and to monitor user interactions. Personally identifiable information may include, but is not limited to your name, company details, occupation, address, email address, mobile number, account activity and geographic data ("Personal Information").

We may collect this information through:

  • • The use of forms;
  • • The use of cookies, when you use web app;
  • • The uploading of images through the App;

Geographical and location information

We will also collect information about your location when you use the App, which will help us in mapping your vineyard for you and/or providing you with other services offered through the App.

Your location can be determined with varying degrees of accuracy by:

  • • GPS
  • • IP address
  • • Sensor data from your device
  • • Information about things near your device, such as Wi-Fi access points, cell towers, and Bluetooth-enabled devices

The types of location data we collect depend in part on your device and account settings. For example, you can turn your device’s location on or off using the device’s settings app. You can also turn on Location History if you want to save and manage your location information in your account.

If you do not want us to collect this information from you, you may not be able to use the App.

Use of information

We will only use the data for the purposes for which it is collected. For Personal Information and geographical data collected, the University may want to use this for further research purposes, and your use of the App means that you consent to the University using it for this use. Where this occurs, the University will de-identify this data and will use its best efforts to ensure that no personal information is disclosed. However, if you do not want this information to be used for further research purposes, please contact our Privacy Officer on the details below or uninstall the App from your device.

The App will use your information as follows:

  • • To use images uploaded through the App to map your vineyard and provide you with information about the vineyard canopy;
  • • Send information about the canopy to your device;
  • • Alert you to issues in relation to the canopy via colour coding in the map (e.g. where there is inconsistent growth) so that you can manage those issues.
  • • Send you updates in relation to the canopy;
  • • Provide you with further information about other apps owned by the University of Adelaide that you may be interested in.

Storage of information

To provide you with the Services, we may store, process and transmit photos and information in Australia and locations around the world - including those outside your country. Information may also be stored locally on the devices you use to access the Services.

Your information may be stored on the University of Adelaide servers or Amazon Web Services. For further information about how The University of Adelaide stores personal information, please refer to the University of Adelaide Privacy Policy.

Access/ Erasure of your Personal Information

Where the University of Adelaide collects any data that is the subject of the General Data Protection Regulation (EU), we will treat that data in accordance with the GDPR. Where this occurs, you will have a right to be forgotten under the GDPR and have the right to access, correct or erase your information under the APP’s. You have access to your information through the App at any time and amend your information or delete your account. You can also contact our Privacy Officer to access your personal information at any time on the details below.

To provide you with the Services, we may store, process and transmit information in the United States and locations around the world - including those outside your country. Information may also be stored locally on the devices you use to access the Services.

We'll retain the information you store on our Services for as long as we need it to provide you with the Services. If you delete your account, we'll also delete this information. But please note: (1) there might be some latency in deleting this information from our servers and back-up storage; and (2) we may retain this information if necessary to comply with our legal obligations, resolve disputes, or enforce our agreements. You can access your personal information by logging into your Viticanopy account.

Analytical Data

Like many App operators, we collect information that your browser sends whenever you visit our App ("Analytical Data").

This Analytical Data may include information such as your computer's Internet Protocol ("IP") address, browser type, browser version, the pages of our App that you visit, the time and date of your visit, the time spent on those pages and other statistics.

Third-party services

In addition, we may use third party services such as Google Analytics that collect, monitor and analyse the information that we collect from you. If you do not consent to the use of these third party services, you will not be able to use the App and will have to uninstall it from your device.

Analytical Data

The third party services we use include (but may not be limited to):

Communications

We may use your Personal Information to contact you with newsletters, marketing or promotional materials and other information that relates to our products and services.

Cookies

Cookies are files with small amount of data, which may include an anonymous unique identifier. Cookies are sent to your browser from a web App and stored on your computer's hard drive.

Like many Apps, we use "cookies" to collect information. You can instruct your browser to refuse all cookies or to indicate when a cookie is being sent. However, if you do not accept cookies, you may not be able to use some portions of our App.

Security

The security of your Personal Information is important to us, but remember that no method of transmission over the Internet, or method of electronic storage, is 100% secure. While we strive to use commercially acceptable means to protect your Personal Information, we cannot guarantee its absolute security. Where a breach of your data occurs, we will notify you in accordance with the University’s Data Breach Response Plan.

Changes to This Privacy Policy

We reserve the right to update or change our Privacy Policy at any time and you should check this Privacy Policy periodically. Any changes to the University of Adelaide Privacy Policy will also affect this Privacy Policy and we will endeavour to notify you of any changes wherever possible. Your continued use of the Service after we post any modifications to the Privacy Policy via the App will constitute your acknowledgment of the modifications and your consent to abide and be bound by the modified Privacy Policy.

Changes to This Privacy Policy

We reserve the right to update or change our Privacy Policy at any time and you should check this Privacy Policy periodically. Any changes to the University of Adelaide Privacy Policy will also affect this Privacy Policy and we will endeavour to notify you of any changes wherever possible. Your continued use of the Service after we post any modifications to the Privacy Policy via the App will constitute your acknowledgment of the modifications and your consent to abide and be bound by the modified Privacy Policy.

If we make any material changes to this Privacy Policy, we will notify you either through the email address you have provided us, or by placing a prominent notice on the App.

Complaints

Your privacy is important to us and we will make every effort to protect your personal information as much as possible. However, if you have a complaint or wish to remove your personal information from our systems, please contact our Privacy Officer in the first instance.

Contact Us

If you have any questions about this Privacy Policy, please contact:
Privacy Officer
Re: VitiCanopy
Manager, Compliance Legal and Risk The University of Adelaide SA 5005
email: helpdesklegal@adelaide.edu.au