AgJunction Inc. ("Company", "we" or "us") respect your privacy and are committed to protecting it through our compliance with this policy.
This Policy applies to information we collect:
✓ through the Website or any other part of the Platform; and
✓ in e-mail, text and other electronic messages between you and us.
It does not apply to information collected by:
✓ us offline or through any other means, including on any other website operated by the Company (including our affiliates and subsidiaries) or any third party; or
✓ any third party, including through any application or content (including advertising) that may link to or be accessible from or on the Platform.
Please read this Policy carefully to understand our policies and practices regarding your information and how we will treat it. If you do not agree with our policies and practices, your choice is not to use the Platform. By accessing or using any part of the Platform, you agree to this Policy. This Policy may change from time to time. Your continued use of the Platform after we make changes is deemed to be acceptance of those changes, so please check the Policy periodically for updates.
People Under the Minimum Age
The Platform is not intended for people under 18 years of age (the "Minimum Age"), unless it is with the consent and supervision of a parent who is the main account holder and who assumes all obligations, liabilities, and responsibilities for, and provides or withholds all applicable consents for, such user who is under the Minimum Age. We do not knowingly collect personal information from people under the Minimum Age. If you are under the Minimum Age, do not use or provide any information on the Platform or on or through any of its features, make any purchases through the Platform, use any of the interactive or public comment features of the Platform or provide any information about yourself to us, including your name, address, telephone number, e-mail address or any screen name or user name you may use. If we learn we have collected or received personal information from a person under the Minimum Age without verification of parental consent, we will delete that information. If you believe we might have any information from or about a person under the Minimum Age, please contact us—see Section 12 of this Policy.
When we collect, use or disclose your personal information we will generally obtain your consent. Most of the time, we will obtain your consent before or at the same time we collect your personal information. In some instances, however, we may seek your consent after we have collected your personal information if we wish to make an additional use or disclosure of your personal information where we do not already have your consent for that new use or disclosure.
Depending on the circumstances, your consent may be express or implied. Express consent would arise if you specifically consented to a particular use of your personal information. Express consent can be given orally, electronically or in writing. Implied consent can be inferred from the circumstances. For example, if we indicate that we may send certain correspondence to your home address and you provide us with your home address, we would not normally obtain your explicit consent to use your home address to send you that correspondence—your consent would be implied in those circumstances.
If you voluntarily provide your personal information for a particular purpose, you have given your consent to the collection, use or disclosure of the information for that purpose.
In addition, certain collection, uses and disclosures of your personal information that we wish to make are specifically set out in this Policy. Be sure to review this Policy since by providing your personal information to us, you are consenting to the collection, use and disclosure of your personal information in accordance with the terms of this Policy.
Opting In, Opting Out and Changing Consent
We may, from time to time, provide you with an opportunity to opt out of certain collection, uses and disclosures of your personal information. At the same time, an implied consent to collect, use or disclose your personal information would arise if you fail to indicate that you wish to opt out of the particular collection, use or disclosure when you are given an opportunity to do so.
As well, we may, from time to time, provide you with an opportunity to opt-in to certain collection, uses and disclosures of your personal information. In that case, if you do not opt-in, we will assume that you do not consent to your personal information being collected, used or disclosed in that particular manner.
We will generally use an opt-out method when a particular use or disclosure is not unusual, the information is not particularly sensitive or when the Company believes that most people would likely consent to the particular use or disclosure. We will generally use the opt-in method in other circumstances.
You may change or withdraw your consent at any time on reasonable notice to us, subject to pre-existing legal and contractual obligations, by contacting us as set out in Section 12. If you withdraw certain consents, it may limit the manner in which you can make use of the Platform and to otherwise interact with the Company or you may be required to delete your account. For clarity, your ability to change or withdraw consent is not absolute. The Company reserves the right to continue handling your personal information in those circumstances required or permitted by law despite a change or withdrawal of consent.
Information We Collect About You and How We Collect It
Information we collect. We collect several types of information from and about users of the Platform, including information:
✓ by which you may be personally identified, such as name, postal address, e-mail address or telephone number ("personal information");
✓ that is about you but individually does not identify you, such as gender and age;
✓ about others you invite to use the platform;
✓ about your internet connection, the devices you use to access the Platform, and usage details; and
✓ about your farm, your farming equipment, how you farm and any other information you provide us in the course of using the Platform.
How we collect users' information. We collect this information in the following ways:
Information You Provide to Us
The information we collect on or through the Platform may include:
✓ information that you provide by filling in forms on the Platform. This includes information provided at the time of registering to use the Platform, subscribing to our services, using the Platform, signing up new users to the platform, posting material or requesting further services. We may also ask you for information when you enter a contest or promotion sponsored by us, and when you report a problem with the Platform;
✓ records and copies of your correspondence (including e-mail addresses), if you contact us;
✓ information about your usage of the Platform. This includes GPS position data, driving characteristics, farming behavior, and product usage on the devices, mobile apps, and websites you interact with when using the Platform;
✓ details of transactions you carry out through the Platform and of the fulfillment of your orders. You may be required to provide financial information before placing an order through the Platform; and
✓ your responses to surveys that we might ask you to complete for research purposes.
You also may provide information to be published or displayed ("posted") on public areas of the Platform, or transmitted to other users of the Platform or third parties (collectively, "User Contributions"). Your User Contributions are posted on and transmitted to others at your own risk. No security measures are perfect or impenetrable. Also, we cannot control the actions of other users of the Platform with whom you may choose to share your User Contributions. Therefore, we cannot and do not guarantee that your User Contributions will not be viewed by unauthorized persons.
Usage Details, IP Addresses and Other Technologies
As you navigate through and interact with the Platform, we may automatically collect certain information about your equipment, browsing actions and patterns, including:
✓ details of your visits to the Platform, including traffic data, location data, logs, and other communication data and the resources that you access and use on the Platform; and
✓ details about your device and internet connection, including your IP address, operating system, and browser type.
The information we collect automatically is statistical data. It helps us to improve the Platform and to deliver a better and more personalized service by enabling us to:
✓ estimate our audience size and usage patterns;
✓ improve the performance of the Platform;
✓ identify areas for new features or enhancements to the Platform; and
✓ recognize you when you return to the Platform.
The technologies we use for this automatic data collection may include:
✓ System logs. A system log is a file of information about your usage that is stored in the mobile application and transmitted to our servers.
How We Use Your Information
We use information that we collect about you or that you provide to us, including any personal information:
✓ to present the Platform and its contents to you;
✓ to provide you with information, products or services that you request from us;
✓ to fulfill any other purpose for which you provide it (for example, if you send us an e-mail with a question or comment, we will use your e-mail address to respond to you. Further, we may store your e-mail and e- mail address and a copy of our response for future reference);
✓ to provide you with notices about your account, including expiration and renewal notices;
✓ to carry out our obligations and enforce our rights arising from any contracts entered into between you and us, including for billing and collection;
✓ to notify you about changes to the Platform or any products or services we offer or provide though it;
✓ to allow you to participate in interactive features on the Platform;
✓ in any other way we may describe when you provide the information; and
✓ for any other purpose with your consent.
We may also use your information to contact you about our own and third-parties' goods and services that may be of interest to you. If you do not want us to use your information in this way, please check the relevant box located on the form on which we collect your data or on the registration form or adjust your user preferences in your account profile.
We may use the information we have collected from you to enable us to display advertisements to our advertisers' target audiences. Even though we do not disclose your personal information for these purposes without your consent, if you click on or otherwise interact with an advertisement, the advertiser may assume that you meet its target criteria.
The law permits or requires the collection, use and disclosure of personal information without the knowledge or consent of the individual in a number of circumstances. We reserve the rights to collect, use, and disclose your personal information in these circumstances without your knowledge or consent as the law may permit.
Disclosure of Your Information
We may disclose aggregated information about our users, and information that does not identify any individual, without restriction.
We may disclose personal information that we collect or you provide as described in this Policy:
✓ to our subsidiaries and affiliates;
✓ to contractors, service providers and other third parties we use to support our business;
✓ to a buyer or other successor in the event of an amalgamation, a merger, divestiture, restructuring, reorganization, dissolution or other sale or transfer of some or all of the Company's assets, whether as a going concern or as part of bankruptcy, liquidation or similar proceeding, in which personal information held by the Company about the Platform users is among the assets transferred;
✓ to third parties to market their products or services to you if you have consented to these disclosures;
✓ to fulfill the purpose for which you provide it (for example, if there is a feature of the Platform that allows you to send your contact information to another user through the Platform, when you use that feature, we will disclose your personal information to that other user);
✓ for any other purpose disclosed by us when you provide the information; or
✓ with your consent.
We may also disclose your personal information:
✓ to comply with any court order, law or legal process, including responding to any government or regulatory request;
✓ if we believe disclosure is necessary or appropriate to protect the rights, property, or safety of the Company, our customers or others.
Choices About How We Use and Disclose Your Information
We strive to provide you with choices regarding the personal information you provide to us. We have created mechanisms to provide you with the following control over your information:
✓ Disclosure of Your Information for Third-Party Advertising. If you do not want us to share your personal information with unaffiliated or non-agent third parties for promotional purposes, you can opt-out by contacting our customer support using the information provided in Section 12.
✓ Promotional Offers from the Company. If you do not wish to have your contact information used by the Company to promote our own or third parties' products or services, you can opt-out by contacting our customer support using the information provided in Section 12. If we have sent you a promotional e- mail, you may send us a return e-mail asking to be omitted from future e-mail distributions. This opt out does not apply to information provided to the Company as a result of a product purchase, warranty registration, product service experience or other transactions.
✓ Targeted Advertising. If you do not want us to use information that we collect or that you provide to us to deliver advertisements according to our advertisers' target-audience preferences, you can opt-out by contacting our customer support using the information provided in Section 12.
Accessing and Correcting Your Information
You can review and change your personal information by contacting our customer support using the information provided in Section 12.
You may also send us an e-mail at to request access to, corrections to or the deletion of any personal information that you have provided to us. We cannot delete your personal information except by also deleting your user account. We may not accommodate a request to change information if we believe the change would violate any law or legal requirement or cause the information to be incorrect.
An individual's ability to access his or her personal information under our control is not absolute. The Company reserves all rights to not disclose personal information in certain circumstances. For example, we may not disclose personal information where:
✓ the disclosure could reasonably be expected to threaten the safety or physical or mental health of an individual other than the individual who made the request;
✓ the disclosure would reveal personal information about another individual;
✓ the disclosure of the information would reveal confidential commercial information; or
✓ the personal information was collected by us for an investigation or legal proceeding.
We have implemented measures designed to secure your personal information from accidental loss and from unauthorized access, use, alteration and disclosure. However, the safety and security of your information also depends on you. Where we have given you (or where you have chosen) a password for access to certain parts of the Platform, you are responsible for keeping this password confidential. We ask you not to share your password with anyone.
The transmission of information via the internet is not completely secure. Although we do our best to protect your personal information, we cannot guarantee the security of your personal information transmitted to the Platform. Any transmission of personal information is at your own risk. We are not responsible for circumvention of any privacy settings or security measures contained on the Platform.
Retention and Destruction
For legal and business purposes we may retain your personal information for as long as it is reasonably needed. Upon expiry of the appropriate retention period, bearing in mind our reasonable legal and business requirements, your personal information will either be destroyed in a secure manner or made anonymous.
To ask questions or comment about this Policy and our privacy practices, contact us at:
9105 East Del Camino Drive
Scottsdale, AZ 85258
Version Date: 09/14/2018