AGDATA Privacy Statement
AGDATA and its direct and indirect affiliates and subsidiaries (collectively “AGDATA” “us” and “we”) understand the importance of protecting your personal data.
This Privacy Statement describes how we collect and use your personal data, who we share it with, and your choices and rights in relation to your personal data.
This Privacy Statement applies to personal data that we collect from you during your interactions with us, whether online, including through our website, including mobile sites (“Website”) and social media sites (“Sites”), mobile applications including online services and interactive applications (“Apps”) (collectively “Online Services”), the services we provide, including marketing, data collection and analytics, management of trait license agreements, rebate calculations and payments, and other related services which we may provide in the future (“Services”) or personal data that we may collect offline or receive from third parties.
Please read this Privacy Statement carefully before you use any of the AGDATA services or products so that you will understand our practices and your options before you choose to share personal data. By using this website or any AGDATA application and by providing us with your personal data, you consent to AGDATA’s collection, use, and disclosure of the information you share with us as explained in this Privacy Statement. If you do not agree with any of these terms, please do not use this website and do not submit any personal data.
2. Personal data that we collect
Personal data is any information that identifies you as an individual or relates to you as an identifiable individual.
Depending on how you interact with us, personal data we collect may include:
- Contact details including your name, home address, postal address, affiliated businesses, email address, phone number and fax number;
- Account login credentials, such as usernames and passwords, password hints and similar security information for authentication purposes and account access to the Services;
- Other account registration and profile information;
- Information about your agriculture business and plans, interests, communication preferences, including preferred language; details of your visit to our Online Services, including, but not limited to, traffic data, location data, weblogs and other communication data;
- information that you provide to us, including records of correspondence;
- marketing and other preference information;
- and social media account information.
We may also collect other information that does not personally identify you. Such other information includes browser and device information, website and application usage data, IP addresses, demographic information such as marketing preferences, geographic location, primary language, and information collected through cookies and other technologies or information that has been anonymized or aggregated. If we link this information with your personal data, we will treat that linked information as personal data.
You can choose not to provide personal data to us when requested. However, if this is necessary to provide you with our solutions and services, access to our Online Services, or to perform administrative functions, we may be unable to do these things.
3. Sensitive personal data
We do not collect sensitive personal data about you, e.g. information relating to your health, religion, political beliefs, race or sexual orientation and ask that you do not send or provide this information to us.
We do not knowingly collect personal data from children under the age of 13 unless we first obtain permission from the child’s parent or legal guardian. If we learn that we have inadvertently collected the personal data of a child under the age of 13 we will take steps to delete the personal data. You should be aware that our Services used by families may be used by minors without our knowledge. Any personal data collected as a result of such usage will be associated with an adult user of our Services, and will be treated accordingly under this Privacy Statement.
4. How we collect your personal data
We may collect your personal data from you in a variety of ways when you interact with us, including:
- Personal data disclosed by you:
- Personal data is obtained directly from you when you provide it to us on our Website, through our Online Services or by any other means, including your transactions with AGDATA, surveys, email, telephone, facsimile and mail.
- When you communicate with us. We collect personal data when we respond to your inquiries and requests, obtain feedback from you about our solutions and services or you apply for employment with us.
- Personal data is also collected from any registration forms completed by you at or in connection with any of our events. including by badge/business card scanners and/or through any event related applications.
- If you submit a job application or resume or send a request via our website, we use your personal data to communicate with you and, subject to applicable law, to make current hiring decisions, to make future hiring decisions (applicant information is retained for purposes of future job openings unless an applicant indicates otherwise) and to comply with legal obligations, including regarding hiring and workforce diversity.
- Third parties: We also may obtain personal data about you from third parties, including:
- Crop input manufacturers, distributors and retailers, animal health manufacturers, distributors and veterinary clinics and related businesses for which we provide Services and to whom you have provided your personal data; and
- Partners with which we offer co-branded services or engage in joint marketing activities (collectively, “Third Party or Third Parties”).Please note that when we receive personal data collected from you by Third Parties, this Privacy Statement only governs AGDATA’s use of such personal data and such Third Parties are governed by their own privacy policies. We therefore encourage you to review the privacy policies of any third party to whom you provide personal data in order to understand how your personal data will be used by them.
- Other sources: Personal data may also be obtained through publicly-available sources and data suppliers from which we obtain data to validate or supplement the information we hold.
- Personal data collected through cookies:
5. Legal basis for processing your personal data
When we process your personal data in connection with the purposes set out in this Privacy Statement, we may rely on one or more of the following legal bases, depending on the purpose for which the processing activity is undertaken and the nature of our relationship with you:
- our legitimate interests (or those of a Third Party with whom we share your personal data) for the purpose of managing, operating or promoting our business, including intra-company group transfers of personal data for business and administrative purposes, or where needed to affect the sale or transfer of business assets, or to support external auditing, compliance and corporate governance functions:
- where this is necessary to comply with a legal obligation on us;
- to protect the vital interests of any individual;
- where you have consented.
6. Use of your personal data
We may use your personal data to:
- enable you to effectively use and for us to improve our Services. For example, to:
- Provide, activate and manage your access to and use of the Services;
- Process and fulfil a request, order, download, subscription or other transaction;
- Provide technical, product and other support and to help keep the Services working, safe and secure;
- Verify you have signed a trait license agreement prior to purchasing seed which requires execution of a trait license agreement;
- Fulfillment of rebate and incentive programs;
- Enhance and improve the Services and our other products and services and to develop new products, services and benefits;
- Offer you customized content and other personalization to make the Services more relevant to your interests and geography;
- Respond to your requests, inquiries, comments and concerns;
- Notify you about changes, updates or other announcements related to our Services;
- Deliver targeted advertisements, promotional messages, notices and other information related to the Service, your interests and other products, events and services;
- Invite you to participate in user testing and surveys; and/or
- Identify usage trends and develop data analysis, including for purposes of research, audit, reporting and other business operations, including determining the effectiveness of our promotional campaigns and evaluating our business performance, or in other ways pursuant to a customer agreement.We engage in these activities to manage our contractual relationship with you, to comply with our legal obligations, or for our legitimate business interests
- provide you with communications and to personalize your experience. For example, to:
- send marketing communications to you;
- provide you with a more personalized experience when you interact with us;
- enable you to subscribe to our newsletters and mailing lists;
- enable you to register for events, workshops and seminars hosted by us.We engage in these activities with your consent or for our legitimate business interests to achieve our business purposes and analyze information. For example,to: establish, manage, and maintain our business relationship with you; process and respond to privacy requests, questions, concerns and complaints and fulfil legal and contractual obligations.
- We may collect and create non-user specific information, or anonymize personal data by removing any uniquely-identifiable information, on agricultural crops, crop protection chemicals, animal health products and other data in blind, collated, assembled or bundled reports (“Aggregated Information”). Examples of Aggregated Information may include sales reports for a geographic region. We may use Aggregated Information or other anonymous information and disclose it to Third Parties as we deem appropriate.
7. Sharing your personal data
We may share your personal data and Aggregated Information for the purposes set out in this Privacy Statement (as applicable):
- with our direct and indirect affiliates and subsidiaries for the purposes set out in this Privacy Statement. AGDATA is the party responsible for the management of jointly used personal data;
- where you consent to the sharing of your personal data;
- in connection with, any joint venture, merger, sale of company assets, consolidation or restructuring, financing, transfer or acquisition of all or a portion of our business operating unit by or to another company; and
- manage risk and otherwise operate our business as permitted by law;
- to comply with legal or regulatory requirements, including in response to a request for information by a competent authority in accordance with, or required by any applicable law, regulation or legal process, where necessary to comply with judicial proceedings, court orders or government orders or to protect the rights, property or safety of AGDATA, its business partners, you, or others, or as otherwise required by applicable law.
- We share information we collect, including personal data, with Third Parties to whom we provide Services including, but not limited to crop input manufacturers, animal health product manufacturers and other entities in the supply chain.
- We also share personal data with Third Parties that assist us in providing our Services and performing the activities to provide operational services or facilitate transactions on our behalf. Whenever we share personal data with Third Parties who perform services for us or on our behalf, we require them, through contractual means, to maintain appropriate safeguards designed to protect the security and the confidentiality of the personal data that we provide to them. Third Parties to whom we disclose your personal data are only permitted to access and collect information which is needed to deliver their services to us and are not authorized to use or distribute the information for any other purpose.
- We may share Aggregated Information with Third Parties for various purposes such as to enable third parties to perform data analysis and research for the purpose of developing, maintaining and improving our services; to assess the effectiveness of offers we provide on behalf of our business partners and other third parties; and to market and advertise Third Party products and services.
8. Security of your personal data
AGDATA is committed to protecting your personal data from accidental or unlawful destruction, loss, alteration, unauthorized access or disclosure by using a combination of physical, administrative and technical safeguards and contractually requiring that third parties to whom we disclose your personal data do the same.
However, while we have implemented reasonable technical and organizational precautions to protect the security and integrity of personal data, due to the inherent nature of the internet as an open global communications vehicle, we cannot guarantee that information, during transmission through the internet or while stored on our system or otherwise in our care, will be absolutely safe from intrusion by others, such as hackers.
We maintain physical, electronic and procedural safeguards to protect your personal data. We strive to protect information transmitted on or through the website or Online Services, however, we cannot and do not guarantee the security of any data or information you transmit on or through the websites, and you do so at your own risk. Wewant you to feel confident using our services, but we cannot ensure or warrant the security of any information you transmit to us; we cannot and do not guarantee the security of your data and information.
9. Cross border transfers
Your personal data may be stored and processed in your region or another country where AGDATA and our service providers maintain servers and facilities, including the United States and Canada. Through contractual provisions we take steps to protect your personal data wherever it is located in a manner consistent with the standards of protection required under applicable law. Your consent to this Privacy Statement followed by your submission of personal data represents your agreement to such transfers.
10. Cookies and Similar Technologies
- enabling you to sign in to our Online Services;
- authenticating you;
- keeping track of information you have provided to us;
- improving your browsing experience;
- customizing our interactions with you;
- storing and managing your preferences and settings;
- compiling statistical data;
- analyzing the performance and usability of our Online Services;
- measuring traffic patterns for our Online Services; and
- determining which areas of our Online Services have been visited.
These technologies collect information that your browser sends to our Online Services including your browser type, information about your IP address (a unique identifier assigned to your computer or device which allows your PC or device to communicate over the Internet), together with the date, time and duration of your visit, the pages you view and the links you click.
Our Online Services may also contain web beacons or similar technologies from third party analytics providers, through which they collect information about your activities across our Online Services to help us compile aggregated statistics.
11. Links to Third Party websites and applications
12. Retaining your personal data
We will retain your personal data only for as long as is necessary to fulfill the purpose for which it was collected unless a longer retention period is required to comply with legal obligations, resolve disputes, protect our assets, or enforce agreements. The criteria we use to determine retention periods include whether:
- we are under a legal, contractual or other obligation to retain personal data, or as part of an investigation or for litigation purposes;
- personal data is needed to maintain accurate business and financial records;
- you have consented to us retaining your personal data for a longer retention period, in which case, we will retain personal data in line with your consent.
When we dispose of personal data, we use reasonable procedures to erase or render it unreadable (for example, shredding documents and wiping electronic media). We may retain Aggregated Information for as long as we have a business need.
13. Updates to this Privacy Statement
We will only use personal data in the manner described in this Privacy Statement in effect when the data was collected from you. However, we reserve the right to change the terms of this Privacy Statement at any time by posting revisions to our site. If we make any material changes to this Privacy Statement, we will either notify you or place a prominent notice on our website. Users are bound by any changes to the Privacy Statement when they use the service after such changes have been first posted.
We encourage you to regularly review this Privacy Statement to stay informed about our privacy practices.
14. Your choices
You can always limit the data you provide to AGDATA, but if you choose not to provide certain requested information, you may be unable to access some of the services, offers, and content on our websites. You can also limit the communications that AGDATA may send to you by following a simple opt-out process. Simply follow the instructions in our advertisement/promotional emails to opt-out of receiving future marketing communications.
Please note that even if you opt-out of promotional emails, we may still need to contact you with important transactional data about your account or your purchase. For example, we may still send you a notification of changes to, expiration of, or discontinuation of a program you are enrolled in.
You have the right under certain privacy and data protection laws to request free of charge:
- access to and correction or deletion of your personal data,
- that we cease or limit our processing of your personal data,
- a copy of your personal data (right to data portability), and to
- object at any time to processing of personal data concerning you for direct marketing.
If you would like to exercise any of these rights, please contact us at the address set out below. We will respond to your request consistent with applicable laws. To protect your privacy and security, we may require you to verify your identity.
15. How to contact us
If you have any questions about how your personal data is handled by AGDATA, you have a privacy concern or you wish to make a request relating to your personal data, please contact us at firstname.lastname@example.org.
Privacy Statement last modified: 11 Aug 2020
California Privacy Statement
NOTE: If you are not a California consumer, this Privacy Statement does not apply to you. Instead please refer to AGDATA’s Privacy Statement.
1. Your rights and choices
The California Consumer Privacy Act 2018 (“CCPA”) provides users (California residents) with specific rights regarding their personal data. This section describes your CCPA rights and explains how to exercise those rights.
- Access to Specific Information and Data Portability Rights:
You have the right to request that we disclose certain information to you about our collection and use of your personal data over the past 12 months.Once we receive and confirm your verifiable consumer request, we will disclose to you:
- The categories of personal data we collected about you;
- The categories of sources for the personal data we collected about you;
- Our business purpose for collecting that personal data (including a list of personal data categories collected);
- The categories of Third Parties (if any) with whom we share that personal data;
- The specific pieces of personal data we collected about you (also called a data portability request).
- Deletion request rights:
You have the right to request that we delete any of your personal data that we collected from you and retained, subject to certain exceptions. Once we receive and confirm your verifiable consumer request, we will delete (and direct our service providers to delete) your personal data from our records, unless an exception applies.We may deny your deletion request if retaining the data is necessary for us or our service providers to:
- Provide the services that you requested and take actions reasonably anticipated within the context of an ongoing business or contractual relationship;
- Detect and resolve security incidents and issues of functionality;
- Comply with a legal obligation;
- Protect the right to exercise free speech;
- Engage in scientific, historical, or statistical research in the public interest;
- Perform actions solely for internal uses that are consistent with those you may expect, having regard to your relationship with us;
- Exercising Access, Data Portability and Deletion Rights:
To exercise the access, data portability, and deletion rights described above, please submit a verifiable consumer request to us by either:
- Calling us at 704.364.2186
- Emailing us at email@example.com. Only you or a person registered with the California Secretary of State that you authorize to act on your behalf, may make a verifiable consumer request related to your personal data. You may also make a verifiable consumer request on behalf of your minor child.You may only make a verifiable consumer request for access or data portability twice within a 12-month period. The verifiable consumer request must:
- Provide sufficient information that allows us to reasonably verify you are the person about whom we collected personal data or an authorized representative.
- Describe your request with sufficient detail that allows us to properly understand, evaluate, and respond to it.We cannot respond to your request or provide you with personal data if we cannot verify your identity or authority to make the request and confirm the personal data relates to you. We will only use personal data you provide to us in a verifiable consumer request to verify your identity or authority to make the request.We endeavor to respond to a verifiable consumer request within 45 days of its receipt.
We will not discriminate against you for exercising any of your CCPA rights. Unless permitted by the CCPA, we will not:
- Deny you goods or services.
- Charge you different prices or rates for goods or services, including through granting discounts or other benefits, or imposing penalties.
- Provide you with a different level or quality of goods or services.
- Suggest that you may be denied goods or services, receive a different price or rate for goods or services or a different level or quality of goods or services.
2. Changes to AGDATA’s Privacy Statement
We reserve the right to amend this privacy notice at our discretion and at any time. When we make changes to this privacy notice, we will notify you by email or through a notice on our website homepage.