Terms of use

TracaTerre is online software, published by BIONATURA (see the legal notice), that helps supply-chain organisations gather, check and transmit the information required by Regulation (EU) 2023/1115 on deforestation, as amended (“the Regulation”).

These terms govern access to and use of the service by client organisations (“the Client”) and the persons they authorise (“Users”). The price, plan and term of the subscription fall under the specific conditions (chosen plan, quote, invoices), which prevail in case of conflict.

• The service is reserved for professionals: companies, cooperatives, associations, authorities. It is not intended for consumers.
• Access is granted on request. The BIONATURA office reviews the request and opens the Client's workspace; it may refuse a request, in particular if the information provided is inaccurate.
• The Client guarantees that the information it provides about its organisation is accurate and keeps it up to date.
• The administrator who accepts these terms declares that they have the authority to bind the Client.

• Each account is personal: one person, one account. Passwords are not shared; two-factor authentication is strongly recommended, especially for administrators.
• The Client's administrator creates colleagues' accounts, chooses their roles and deactivates them when they leave. The Client is responsible for actions carried out with its organisation's accounts.
• The Client informs the BIONATURA office without delay of any unauthorised use of an account. BIONATURA may suspend an account that appears compromised while security is restored.

• TracaTerre is a support tool. Automatic checks (geolocation, comparison with forest maps, declared legality, volume consistency) produce indications; no decision is taken by the machine. The Client qualifies its roles, investigates alerts, validates and signs.
• The Client remains solely responsible for complying with the Regulation: its due diligence, the accuracy of the information, its due diligence statements and their submission in the European Commission's information system (TRACES).
• BIONATURA is neither an operator, a trader nor an authorised representative within the meaning of the Regulation. It submits no statement in its own name: TracaTerre transmits the statements signed by the Client, with the Client's TRACES credentials.
• Regulatory summaries, the guide and the glossary are indicative; only the text published in the Official Journal of the European Union is authentic.

• Data entered or imported by the Client belongs to it. It grants BIONATURA the right to host and process it only as far as necessary for the service.
• For the personal data it contains (producers, plots…), the Client is the controller and BIONATURA its processor, under the data processing agreement concluded between them and the privacy policy.
• The Client ensures it may collect and transmit this data and informs the persons concerned; a notice template for producers is provided in the privacy policy.
• The Regulation requires information to be kept for at least five years: nothing is deleted in TracaTerre, removed items are archived and every action is recorded in the audit log.

• The Client's showcase appears in the public registry only if it so chooses. Plot sharing, lot transfers and indicator sharing take place at the Client's decision and are visible only to the organisations concerned.
• TracaTerre puts organisations in contact. BIONATURA is not a party to contracts concluded between them: it guarantees neither the products, nor payments, nor the accuracy of information published by other clients.

In particular, it is forbidden:

• to enter information known to be false, or unlawful content;
• to infringe the rights of others, in particular producers' privacy;
• to attempt to access another organisation's data, bypass access controls or disrupt the service;
• to carry out penetration or load tests without BIONATURA's written consent;
• to extract data on a large scale by automated means, or to resell or sub-license access to the service.

A security flaw discovered in good faith is reported to the contact in the legal notice; it must not be exploited or disclosed before it is fixed.

• BIONATURA uses reasonable means to keep the service available, backed up daily and protected; it does not guarantee that it will never be interrupted.
• Maintenance work is announced in advance whenever possible.
• Some external services (the European Commission's TRACES, base maps, forest data) are beyond BIONATURA's control; their unavailability may delay certain functions.

• The Client pays the subscription of the chosen plan. Invoices are issued in TracaTerre, with their due date and applicable taxes.
• In case of late payment, and after a reminder that remains unanswered, access may be suspended until payment; data remains intact.

• BIONATURA may suspend the Client's access in case of non-payment, serious breach of these terms or a security risk; the reason is communicated to the Client.
• The Client may end its subscription under the conditions of its plan. Before the end, it may export its data from the software (evidence files, exports) or ask the BIONATURA office for a copy in a common format.
• At the end of the service, access is closed. Data is kept, archived, for the periods required by the Regulation and the law (at least five years), then deleted or anonymised.

TracaTerre, its texts and its brand belong to BIONATURA. The subscription gives the Client a personal, non-exclusive right to use the service for its duration. Base maps and third-party layers remain subject to their own licences (legal notice).

• BIONATURA is bound by an obligation of means.
• It is not liable for the Client's decisions, inaccurate information entered by the Client, refusals or penalties from competent authorities, or indirect damage (loss of turnover, market or opportunity).
• To the extent permitted by applicable law, BIONATURA's total liability is limited to the amounts paid by the Client for the twelve months preceding the event giving rise to the claim.

Each party keeps the other's non-public information confidential. Personal data is processed as described in the privacy policy, in compliance with the General Data Protection Regulation (GDPR) and Togolese Law No. 2019-014 on the protection of personal data.

BIONATURA may update these terms. Each version is dated and published on this page; the Client's administrator is asked to accept it at their next sign-in. A Client that refuses it may end its subscription.

These terms are governed by Togolese law, subject to mandatory provisions applicable to the Client. In case of dispute, the parties first seek an amicable solution for thirty days; failing that, the competent courts of Lomé have jurisdiction.

The French version of these terms is authentic; translations are provided for information.