Last Updated May 24, 2019

This Privacy Policy explains how Agrian® Inc., a California corporation (“Agrian”) uses and discloses your personal information. This Privacy Policy applies to any Agrian software (whether online or downloadable), services and data feeds made available by Agrian or made available through a third party provider, to you via websites and technology applications (the “Service”), and may specifically refer to other proprietary software and services in any format including without limitation online, offline, on a mobile device, a tablet or other hand-held device, through a document printed from the Service, any hardware or software platform, or any other similar or dissimilar use of the Service. Agrian has a non-exclusive right to use your data and the personal information collected in accordance with the Terms of Use by which Agrian offers you access to our software and services. Please read this Privacy Policy carefully before you use any of the Agrian services or products so that you will understand our practices and your options before you choose to share Client Data (defined below).

1. GATHERING OF INFORMATION

Personally Identifiable Information. Personally Identifiable Information means any information that identifies you as an individual or can be used to identify or contact you, whether provided by you or others prior to or after implementation of this Privacy Policy, including name; postal address (including billing and shipping addresses); telephone or fax number; email address; farm, ranch or orchard address, permit number, Section/Township/Range/Base, business license or registration numbers, passwords and reminder questions/answers if used.

Identification Data. Agrian collects identification information during account set up and through your use of our data services, farm management and decision support software, precision agriculture services and software, as well as our technology platforms, applications, services, and purchases made through our platforms.

Location Data. We may collect and process information about your actual location using various technologies to determine location, including IP address, GPS, sensor data from your devices, and other sensors that may, for example, provide us with information on nearby devices, WiFi access points, network access points, Bluetooth-enabled devices and cell towers.

Client Data. Some categories of data, such as agronomic data, plans or actual information related to planting, product use, recommendation and application, scouting, irrigation, harvesting, data files from machines that is imported by your behalf, information about a user’s land including digital shapefiles of field boundaries, farm management data, weather and climate data, which you elect to send to or receive through the Agrian System is collectively “Client Data”.

Non-Personal Information. Non-Personal Information means any information that does not reveal your specific identity, including browser information; Information collected through cookies, pixel tags and other technologies; demographic information, excluding Personally Identifiable Information, and other information provided by you; aggregated or anonymized information; and information about your agricultural operation, such as records or practices related to seeds, soil, irrigation and herbicides, pesticides, and fertilizers; geospatial data or map imaging, or preferences concerning how you receive information.

Your Information. We presume that you own the information and data that you provide to us when you use the online or mobile applications, set up an account for or use any Agrian product or service, including such information as the data generated from the farming equipment you own or lease. By providing Client Data, you represent that you have the right to share it with us and to allow us to use and disclose it as explained in this Privacy Policy.

Information Collected Through Opt-In Promotions. From time to time, we may offer contests, sweepstakes or other promotions. If you choose to participate in promotions that require registration, we will collect contact information such as your name, address, and email address and we may share this information with co-sponsors or other third parties involved in the promotion that we identify in the rules or entry materials. We may also share some of your entry information with third parties or the public in connection with the administration of the promotion, such as winner selection and prize fulfillment, and as permitted by the promotion’s official rules, such as on a winners’ list.

Control Use Of Personally Identifiable Information. You may withdraw your consent to the collection of your Personally Identifiable Information going forward by sending an email to info@agrian.com, visiting agrian.com and contacting us through our support system available on the Website to request deactivation of your account.

2. HOW WE USE INFORMATION AND DATA

Product Support and Improvement. Agrian may use data and information gathered as a result of using the applications, site navigation, electronic protocols and cookies (including third party cookies), to help create and personalize applications and website content, facilitate your use of the application websites (for example, to facilitate navigation and the login process), avoid duplicate data entry, enhance security, make product updates, product patches and fixes, determine and manage the effectiveness of our advertising and marketing, preserve information between sessions, improve website quality, and evaluate page response rates.

Processing of Transactions. Agrian may create, administer and communicate with you about your account (including any purchases and payments), use financial/credit card and payment information to accept online payments of license or contract fees, perform accounting, auditing, billing, reconciliation and collection activities, and other similarly situated third parties to complete the transaction. If you authorize a purchase through a mobile eCommerce application, we will use provided information to ship and bill you.

Tailored Marketing. Agrian may provide, administer and communicate with you about products, services, events, surveys and promotions by Agrian or our affiliates (including by sending you marketing communications). Agrian may use other companies to provide e-mail delivery or place advertising on our websites or in our applications; Agrian does not control these companies’ use of cookies. If you use our service to sign up for special email offers from third-party advertisers, we will also share your email address and any other information you provided with your request with the advertisers you selected. We will not sell or rent your email address to unaffiliated third parties for their email marketing purposes, without your consent.

Mobile Information Sharing. Agrian may provide some personal data to third-party partners that are providing services essential to your mobile user experience or to access third party services that you contracted for. All requests are sent through your mobile carrier’s network and your carrier may have access to it. Consult your carrier’s privacy policies for additional information.

Protect Against Fraud. Agrian may use your personal information to verify your identity, to protect against unauthorized transactions, and to conduct investigations, comply with and enforce applicable legal requirements or industry standards, and to ensure the safety of the websites, network services, information resources and employees.

Aggregated and Anonymous Information. We may collect and create non-user specific information, or anonymize information by removing any uniquely-identifiable information, on agricultural crops, crop protection chemicals, regional use, and other agricultural data in blind, collated, assembled or bundled reports which is referred to as “Aggregated Data”. Examples of Aggregated Data may include pest and disease reports for a geographic region, average yield in a county, average input costs for all growers in a geographic area, or a yield improvement estimates for a particular farming practice decision. We may use Aggregated Data and disclose it to third parties as we deem appropriate.

Crop and Product Use Data. When Agrian partners with an agricultural chemical supplier to develop a specific service or functionality within the Service, we share uniquely identifiable crop data with the sponsoring company. Furthermore, when you instruct Agrian to share Client Data, commodity or location permit information, crop management product usage and application data with crop advisors, pest control advisors, applicators, harvesters, packers, processors, shippers, handlers, and crop buyers (each a “handler”), we share uniquely identifiable crop data with the handler.

Client Data. By setting permissions for your account, you control which third party handlers or government agencies have access to or visibility into your Client Data.

To Comply with Legal Requirements. We may disclose Client Data if we believe it is reasonably necessary to:

  • Comply with enforceable or valid legal process in criminal investigations (e.g., subpoenas, warrants) or to protect our legal rights, such as pursuing available remedies or limiting the damages we may sustain;
  • Enforce or apply the Terms of Use; or
  • Protect the security or integrity of the Service or in connection with an investigation of suspected or actual illegal activity, including to meet national security or law enforcement requirements.

Civil Litigation. Agrian is committed to the policy that you own your data which is merely stored by Agrian for your use. Because you own your data, we are unable to provide information garnered through your account to respond to subpoenas for documents and business records in civil litigation. If we are compelled to provide your data including Client Data in any civil litigation matter, we will bill you for our costs to search and produce electronic data at our published rate. Note that your crop records may be available to civil litigants from other sources such as state regulatory departments, county agricultural commissioner’s offices with whom you share data.

3. COOKIES AND COLLECTION TECHNOLOGY

Cookies. Cookies are pieces of information stored on your computer that allow us to collect information such as browser type, time spent on using our, pages visited, language preferences, and other anonymous traffic data. We and our service providers use the information for security purposes, to facilitate navigation, display information more effectively, to improve functionality, and to personalize your experience while using the Service. Please refer to http://www.allaboutcookies.org/manage-cookies/index.html for information about cookies.

Essential Cookies. Some cookies serve an essential function and the websites cannot work properly without them. Where such essential cookies are used, they cannot be disabled.

Browser and Flash Cookies. Other cookies serve a functional purpose and improve the user experience of the websites. We use browser and flash cookies to tell us, for example, whether you’ve visited us before, and to help us identify site features in which you may have the greatest interest. Browser and flash cookies may enhance your online experience by saving your preferences while you are visiting a particular site so that you do not need to reset them each time you visit the website. You can decline any browser cookie through your browser however, without browser cookies you may not be able to take full advantage of all our website features. Similar to browser cookies, you may not be able to take full advantage of all website features once you have disabled Flash cookies.

Declining Cookies. Most browsers allow you to automatically decline cookies or be given the choice of declining or accepting the transfer to your computer of a particular cookie (or cookies) from a particular site. If you do not accept cookies, you may experience some inconvenience in your use of the online services. Unless you disable such technologies, by using our website and online services, you agree that we can place these types of cookies and related technologies on your device.

Web Beacons. Some types of cookies collect aggregate information which help us to improve our websites by providing information, for example, on loading errors and the most visited web pages. Certain pages on the Service may contain web beacons (also known as Internet tags, pixel tags, transparent GIFs, or clear GIFs) which are small strings of code that embed a small graphic image (usually visible) on a web page or in an email or advertisement. Agrian uses web beacons to store to display content to visitors such as previously-set cookies, the time and date that you viewed the page embedded with the beacon and a description of that page and to generate statistics regarding web traffic and trends. Web beacons cannot identify you as an individual.

IP Address. Your IP Address is a number that is automatically assigned to the computer, tablet or smartphone that you are using by your Internet Service Provider (ISP). An IP Address may be identified and logged automatically in our server log files whenever a user accesses our website, along with the time of the visit and the page(s) that were visited. Collecting IP Addresses is standard practice and is done automatically by many websites, applications and other services. We use IP Addresses for purposes such as calculating usage levels of the Agrian products and services, helping diagnose server problems. We also use IP address collection to ensure a secure system and to help find attack patterns against our services.

Browser and Online Services Information. When you use any online service, certain information is collected by most browsers or automatically through your device, such as your Media Access Control (MAC) address, computer type (Windows or Macintosh), screen resolution, operating system name and version, device manufacturer and model, language, Internet browser type and version and the name and version of the online services you are using. We use this information to ensure that the online services function properly.

Mobile Device IDs and Location-Based Information. When you access our software and services using a mobile device, we may collect and transmit unique device IDs and collect caller ID data, information about your wireless carrier, the make, model, operating system and settings of your device and information about how you navigate within our platform. Geolocation technology such as GPS or Wi-Fi triangulation allows us to collect information about the exact location of your mobile device. In some instances, you may be permitted to allow or deny such uses and/or sharing of your device’s location, but if you choose to deny such uses and/or sharing, we may not be able to provide you with the applicable personalized services and content.

4. PRIVACY POLICIES OF THIRD PARTIES

We are not responsible for the information, including Personally Identifiable Information, that you submit to a third party site , such as posting a question, answer, or blog. Any Personally Identifiable Information you submit there can be read, collected, or used by other users and could be used to send you unsolicited messages. The inclusion of a link does not imply an endorsement by Agrian of the linked site or service.

5. INFORMATION STORAGE AND DATA SECURITY

Data Security. Agrian uses commercially reasonable procedures to protect Personally Identifiable Information that we collect from you against loss, theft and misuse, as well as unauthorized access, disclosure, alteration and destruction. However, no security system is impenetrable. We cannot guarantee the security of our databases or the security during transmission to us of the information you supply over the Internet. You can help us by taking precautions to protect your personal information when you are on the Internet.  Change your passwords often using a combination of letters and numbers and make sure to use a secure web browser.

Transmission. We may transmit Personally Identifiable Information or Client Data through this Service sites to other countries where we do business, including websites accessed in the European Union, but we will do so only for the purposes described herein and in accordance with this Privacy Policy. By using the Agrian services, you consent to the transfer, processing, storage and access of information to countries outside of your country of residence, including the United States, Mexico, Canada, Australia, New Zealand or Europe, which may have different data protection rules than those of your country.

Data Retention. We may retain your Personally Identifiable Information and Client Data to fulfill the purposes outlined in this Privacy Policy for as long as needed, as allowed or as required by law. For instance, we may retain and use your Personally Identifiable Information as necessary to comply with our legal obligations, resolve disputes, prevent fraud and abuse and fulfill and enforce our agreements. All Personally Identifiable Information supplied to Agrian is stored on robust and reliable systems that are continually monitored and updated as per the latest security practices for data protection.

6. PRIVACY RIGHTS APPLICABLE TO CALIFORNIA RESIDENTS

California law requires that we provide you with a summary of your privacy rights under the California Online Privacy Protection Act (“COPPA”) and the California Business and Professions Code. As required by COPPA, this Privacy Policy identifies the categories of Personally Identifiable Information that we collect through our website about individual consumers who use or visit our website and the categories of third-party persons or entities with whom such Personally Identifiable Information may be shared. COPPA further defines “personally identifiable information” as individually identifiable information about an individual consumer collected online by us from an individual and maintained by us in an accessible form, and may include any of the following: (1) a first and last name; (2) a home or other physical address, including street name and name of a city or town; (3) an email address; (4) a telephone number; (5) a social security number; (6) any other identifier that permits the physical or online contacting of a specific individual; and (7) information concerning a user that the web site collects online from the use, and maintains in personally identifiable form, in combination with an identifier described within this privacy policy. California residents with an established a business relationship with us, may request a list of the personal information we have shared with third parties for their marketing purposes. We will also give you a list of the third parties that have received your information. You can make a request one time each year. To exercise your rights, email us at privacy@agrian.com. Please mention that you’re making a “California Shine the Light” inquiry.

The Opt-Out Choices below provide instructions to review and request changes to any tracking of Personally Identifiable Information that is collected through our Service.

Postal Lists – To remove your name and postal address from postal lists that we use for direct marketing purposes, please email us at privacy@agrian.com or send a letter addressed to us at the address below.

Email – You can opt-out from any email newsletter or commercial email list and prevent the collection of related email response information by our email service providers by using the unsubscribe link at the bottom of each message. If you no longer want to receive third-party email offers that you requested through the Service, follow the advertiser’s unsubscribe link or opt-out instructions that should be included in every commercial message you receive.

Interest-Based Advertising – To opt-out of our use of your online viewing behavior data to serve interest-based advertising on third-party websites and email newsletters, please email us at privacy@agrian.com. Note that you must opt-out separately from each computer or device and browser that you use to access our services and if you clear your cookies, you will need to repeat the opt-out process. If you would like to opt out of the cookies set by these third-party companies, you can do so by the following the options provided by the Network Advertising Initiative at:
http://www.networkadvertising.org/optout_nonppii.asp

7. PRIVACY RIGHTS FOR INDIVIDUALS SUBJECT TO THE EUROPEAN UNION GENERAL DATA PROTECTION REGULATION

Users who are within the European Union are entitled to certain principles and rules set forth under the General Data Protection Regulation (“GDPR”) regarding personal data, including important rights which include your right to:

  • access to your personal data
  • require Agrian to correct, update, or remove (in certain situations) your personal information
  • receive personal data you have provided to us, in a structured, commonly used and machine-readable format with the right to transmit those data to a third party in certain situations
  • object at any time to processing of personal data concerning you for direct marketing and in certain other situations
  • object to decisions being taken by automated means which produce legal effects concerning you or similarly significantly affect you
  • otherwise restrict our processing of your personal data in certain circumstances
  • claim compensation for damages caused by our breach of any data protection laws.

For further information on each of those rights, including the circumstances in which they apply, see the Guidance from the UK Information Commissioner’s Office on rights under the General Data Protection Regulation. To review your personal information collected by Agrian, please address your questions in writing to Agrian Privacy Officer at the address at the end of this Privacy Policy or by e-mail to privacy@agrian.com. To protect your privacy and security, we will take reasonable steps to verify your identity before granting access to information or making corrections.

Personal data of European Union users processed by Agrian or by third parties on behalf of Agrian may fall into the following legal bases:

  • Legal obligation. In certain jurisdictions, Agrian must provide personal data when submitting crop records to government bodies. We must also keep records when an individual exercises their rights granted under GDPR.
  • Consent. All processing that falls under consent may be reviewed, granted, and revoked within your account.
  • Legitimate interest.

Agrian may process European Union user’s personal data for the following business purposes:

  • processing related to crop records and other agricultural operations. This includes determining relevant history, the import or management of client data, generating records, using satellite imagery, and sending information to relevant recipients through email, SMS, fax, or APIs
  • managing your account, including authentication and authorization.
  • personalizing the Service for your account
  • ensuring the accuracy of any third party integrations that you have set up
  • using location data to mark or identify nearby items while you’re out in the field
  • remotely connecting to vehicles out in the field
  • managing customer relationships, including billing, contracts, support, and training
  • managing of and marketing the Service to potential customers
  • auditing the Service for information security purposes.
  • identifying and fixing issues with the Service
  • communication within Agrian
  • providing insights to prioritize feature support and improve the Service’s user experience.

Agrian complies with the EU-U.S. Privacy Shield Framework as set forth by the U.S. Department of Commerce regarding the collection, use, and retention of personal information transferred from the European Union to the United States. Agrian has certified to the Department of Commerce that it adheres to the Privacy Shield Principles. If there is any conflict between the terms in this privacy policy and the Privacy Shield Principles, the Privacy Shield Principles shall govern. To learn more about the Privacy Shield program, and to view our certification, please visit https://www.privacyshield.gov/.

Within the scope of this privacy notice, if a privacy complaint or dispute cannot be resolved through Agrian’s internal processes, Agrian has agreed to participate in the VeraSafe Privacy Shield Dispute Resolution Procedure. Subject to the terms of the VeraSafe Privacy Shield Dispute Resolution Procedure, VeraSafe will provide appropriate recourse free of charge to you. To file a complaint with VeraSafe under the Privacy Shield Dispute Resolution Procedure, please submit the required information to VeraSafe here:

https://www.verasafe.com/privacy-services/dispute-resolution/submit-dispute/

The General Data Protection Regulation also gives you right to lodge a complaint with a supervisory authority, in particular in the European Union (or European Economic Area) state where you work, normally live or where any alleged infringement of data protection laws occurred. The supervisory authority in the UK is the Information Commissioner who may be contacted at https://ico.org.uk/concerns/ or telephone: 0303 123 1113. Our representative in the European Union can be reached at:

VeraSafe Netherlands BV
Keizersgracht 391 A
1016 EJ Amsterdam
The Netherlands

Under certain circumstances, you may be able to escalate your complaint by invoking binding arbitration with the Privacy Shield Panel. For more information, please refer to the Privacy Shield website.

Please refer to our list of third party data processors for more information on companies that may receive your personal data from Agrian. Any additional companies, organizations, or other users you associate with within the Service may also have access to your personal and client data. Third parties used by Agrian to process the personal data of European Union residents are under contract to provide the same level of protection as required by the Privacy Shield Principles. Agrian remains liable under the Privacy Shield Principles if a third party processes personal data in a manner inconsistent with the Principles, unless Agrian proves that it is not responsible for the matter giving rise to the damage.

8. PERSONAL INFORMATION PROTECTION AND ELECTRONIC DOCUMENTS ACT OF CANADA

To challenge Agrian’s compliance with the Personal Information Protection and Electronic Documents Act of Canada, please address your concerns in writing to Agrian Privacy Officer at the address at the end of this Privacy Policy or by e-mail to privacy@agrian.com. To protect your privacy and security, we will take reasonable steps to verify your identity before granting access to information or making corrections. If you are not satisfied with our response to your challenge, you may within six months submit a complaint to the Federal Privacy Commissioner. Appeals of the commissioner’s decisions may be made to the Federal Court of Canada within 45 days after the commissioner’s report is sent.

9. NOTICES

Changes To This Privacy Policy. This Privacy Policy may be updated periodically and without prior notice to you to reflect changes in our online information practices. When changes are made to this Policy it will be posted to the website and the “last updated” date at the top of this policy will be revised. We also encourage users to periodically check this Policy to understand how Agrian protects and uses Client Data.

Children’s Privacy. Agrian’s products and services including web-based, online or access from a mobile platform are not directed to individuals under the age of eighteen (18), and we request that these individuals not provide us with any of their information or use our products and services.

Modifications Based on Local Law. To the extent the laws of a country from which Personally Identifiable Information is collected or in which Agrian Inc. is operating may prohibit Agrian Inc. from using and sharing Personally Identifiable Information in a way described in this Privacy Policy, the Privacy Policy shall be deemed modified to be consistent with such local laws.

Enforcement Authorities.
The Service may be regulated by or subject to the investigatory and enforcement powers of the U.S. Federal Trade Commission, the U.S. Department of Transportation or any other U.S. authorized statutory body.

QUESTIONS OR ADDITIONAL INFORMATION:

If you have questions or concerns regarding your privacy, please send an e-mail to privacy@agrian.com. or use the postal address below. To protect your privacy and security, we will take reasonable steps to verify your identity before granting access to information or making corrections.

Agrian Inc.
352 W. Spruce Ave.
Clovis CA 93611

© 2005-2019 Agrian Inc. All rights reserved.