Agrian Inc.

At Agrian we care about your personal privacy and the security of information that you choose to share with us 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. Because we are dedicated to serving your needs and respecting your preferences, Agrian Inc., a California corporation (“Agrian”) has adopted the policies and practices described in this Privacy Policy.

 

Your Acceptance of Our Privacy Policy

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). By using this website or any Agrian application, you signify your acceptance of Agrian’s collection, use, and disclosure of the information you share with us as explained in this Privacy Policy. If you do not agree with any of these terms, please do not use this website and do not submit any personal information.

 

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.

 

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.

 

 

OVERVIEW

 

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 Inc. (“Agrian”) offers you access to our software and services. Furthermore, Agrian is committed to the policy that you own your data which is merely stored by Agrian for your use.

 

Sites Covered By This Statement

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.

 

Third Party Services And User-Generated Content

This Privacy Policy does not address, and we are not responsible for, the information collection, use, disclosure or security policies or practices by, the information provided by, or other practices of any third party, including any third party operating any site or service linked from our website or platform, any other application developer or provider, social media platform provider, operating system provider, wireless service provider, or device manufacturer, including, for example, Facebook, Apple, Google, or Microsoft; and any channel partner and other user to whom you provide your information or Agrian account access. We are not responsible for the information, including personally identifiable information, that you submit in any user-generated content services, such as posting a question, answer, or blog on any public facing portion of the Agrian website or platform. 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.

 

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 passwords and reminder questions/answers if used.

 

Location Information

We may collect and process information about your actual location. We use

various technologies to determine location, including IP address, GPS, and other sensors that may, for example, provide us with information on nearby devices, Wi-Fi access points and cell towers.

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 (whether provided prior to or after implementation of this Privacy Policy); aggregated information; anonymized information; 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 (collectively “Client Data”). 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.

 

Security and Information Storage

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.

 

We may transfer, process, store or access Personally Identifiable Information in the United States and in other jurisdictions where we or our affiliates operate. Courts and other authorities in these jurisdictions may, in certain circumstances, be entitled to access your Personally Identifiable Information. By using Agrian’s services, you consent to this transfer, processing, storage and access of your personally-identifying information in and/or outside of the jurisdiction in which you reside.

 

 

                                                                                                                                                                             

 

GATHERING OF INFORMATION

 

Site Registration

When you register on our website in order to use or access any or all areas of the Service, you will be required to complete the registration process and to provide us with some Personally Identifiable Information which may include your name, mailing address and/or physical address such as the location of your farm or field, user name and password, reminder questions/answers, and communication preferences.

 

Information Collected Automatically

From time to time, we may offer contests, sweepstakes or other promotions. We may also automatically enter our users in some 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 don’t control these third parties’ privacy practices, and our Privacy Policy does not apply to their collection and use of your information. 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.

 

Online 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 Application Data

When you download and use any Agrian mobile application, we and our service providers or vendors may track and collect usage data, such as the date and time the mobile application on your device accesses our servers and what information and files have been downloaded to the mobile application based on your device number. The information is used for security purposes, to display information more effectively, and to personalize your experience while using the applications. We also gather statistical information about the usage of the mobile application in order to continually improve their functionality, understand how they are used and resolve questions regarding them.

 

Cookies

Cookies are pieces of information stored directly on the computer you are using. Cookies 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, and to personalize your experience while using the Service.   We also gather statistical information about the usage of the online services in order to improve their functionality, understand how they are used and resolve questions regarding them. If you do not want information collected through the use of 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. 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. Neither Browser nor Flash cookies can identify you as an individual. 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.

 

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.

 

Mobile Device IDs and Location-Based Information

If you use any location-enabled products, you may be sending us location information. For example, a mobile product may use GPS data to determine the boundaries of a field. Some mobile applications will utilize Google Analytics (or similar tool) to help us better serve our customers through improved products, services, and revisions to the mobile applications. 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. With your consent, we also may use precise geolocation technology such as GPS or Wi-Fi triangulation 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.

 

 

HOW WE USE YOUR DATA

 

To Engage in Transactions with You

Agrian may use personal information such as name, physical address, telephone number, email address, browser and device information, field location, information about your farming operation, and company to deliver, administer and enhance our services and products, including contacting you about your contract, to process, evaluate or respond to your requests and inquires, as well as product updates, product patches and fixes and other similar communications.

 

To Process Transactions

You may also provide to us your credit card number, debit card number, or bank account information, depending on how you choose to pay for Agrian products or services. 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.

 

To Protect Against Fraud

Agrian may use your personal information to verify your identity, to protect against and prevent fraud or unauthorized transactions, including managing risk exposure. Agrian may 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.

 

To Tailor Marketing to Your Needs

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.

 

To Select Content, Improve Quality and Facilitate Use of the Applications

Agrian may use Client Data, including the 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, improve our business, perform market research, determine and manage the effectiveness of our advertising and marketing, preserve information between sessions, improve website quality, and evaluate page response rates.

 

HOW WE DISCLOSE INFORMATION

 

Email

We share our users’ email addresses with service providers that send email messages and deliver targeted advertising in our emails on our behalf. These service providers may collect data about how you interact with those messages (including information about whether and when you opened a particular message or clicked on a link within a message and the device you used to do so) and analyze it in conjunction with similar information they collect when you respond to emails they send on behalf of their other clients who are not affiliated with us. They use this email response information in combination with your email address to target and optimize the delivery of emails and email advertising they send on our behalf and for their other clients. We do not authorize our email service providers to share your email address with their other clients.

 

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. Except as described in this policy, we will not sell or rent your email address to unaffiliated third parties for their email marketing purposes, without your consent.

 

Marketing and Advertising

We may use non-uniquely identifiable customer data for marketing and advertising to deliver, administer, develop and enhance Agrian’s products and services; to enable general marketing and advertising statements about our products and services; and for other purposes to which you expressly consent.

 

Billing and Payment

If we contract with other companies to provide specialized services to us, including but not limited to credit-card and billing processing, shipping, marketing, email and text message distribution, data processing, mobile and website analytics and promotions management, we reserve the right to share with these companies any information we collect about you and/or authorize them to collect information from you directly for purposes consistent with this Privacy Policy.

 

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.

 

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 information or other anonymous information 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.

 

To Comply with Legal Requirements

We may disclose Client Data or Aggregated Data if we believe it is reasonably necessary to:

  • Comply with 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;
  • Protect the security or integrity of the Service or in connection with an investigation of suspected or actual illegal activity; or
  • Protect the rights, property, or safety, of Agrian, our employees or users, including to prevent physical harm or financial loss.

 

Because you own your data, including Client Data, not us, 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, at no or minimal cost.

 

Lastly, we reserve the right to disclose or transfer any information we collect to third parties in connection with any proposed or actual purchase, sale, lease, merger, foreclosure, liquidation, amalgamation or any other type of acquisition, disposal, transfer, conveyance or financing of all or any portion of Agrian Inc.

 

Business Transfers.

Lastly, we reserve the right to disclose or transfer any information we collect to third parties in connection with any proposed or actual purchase, sale, lease, merger, foreclosure, liquidation, amalgamation or any other type of acquisition, disposal, transfer, conveyance or financing of all or any portion of Agrian Inc.

 

TRANSMISSION

We may transmit Client Data that we collect on this site or other Agrian 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 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.

 

CALIFORNIA PRIVACY RIGHTS

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.

 

See Opt-Out Choices below for instructions to review and request changes to any tracking of Personally Identifiable Information that is collected through our website.

 

OPT-OUT CHOICES

 

Postal Lists

To remove your name and postal address from postal lists that we use for direct marketing purposes, please email us at info@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 Agrian platform, 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 info@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

 

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.

CHANGES TO THIS PRIVACY STATEMENT

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.

 

QUESTIONS OR ADDITIONAL INFORMATION:

If you have questions or concerns regarding your privacy, please send an e-mail to info@Agrian.com or use the postal address below.

Agrian Inc.

352 W. Spruce Ave.

Clovis CA 93611

 

© 2005-2018 Agrian Inc. All rights reserved.

Revision Date: 01-31-2018