Privacy Policy


Introduction

This Ag Pro Exchange, LLC (the “Company”, “we”, “us”, “our”) Privacy Policy describes the Company’s policy regarding the collection and use of your data and information, as a user of the Company’s services (“our Services”), including AgXchange™ and the website located at www.agxchange.com (the Company’s site). This Privacy Policy reflects our commitment to protect your privacy and ownership interest in your data on the Company’s platform, AgXchange™.

By accessing, using, or subscribing to our Services, including AgXchange™, you consent to the Company’s Terms of Service, which incorporate this Privacy Policy. If you have any questions regarding this Privacy Policy, please contact us at info@agproexchange.com.

AgXchange™ includes two types of users:

  • Growers – a sole proprietor or agent of a production agriculture operation who intends to use our Services for purposes related to the production agriculture operation; and
  • Service providers and vendors that support growers – an individual, business, or organization that provides goods or services to production agriculture operations and who intends to use our Services for purposes related to providing goods or services to farming operations

Principles underlining this Privacy Policy for our grower users:

  • You own your personal data: You retain all interest and title in the data that is submitted on your behalf and collected on your behalf by our Services. Your data is considered personal information (information that can identify you personally, or can be identified as information related to you) and includes production agriculture operation data (examples: farm boundaries and acres, planting data, yield data, expense and revenue data).
  • You control your data: You choose the data that is submitted, collected and stored in your repository (personal data account). You have control over with whom you share personal information and the extent of what is shared. We will not share your personal information without your explicit consent. (Note: certain data may be required to perform our Services – choosing not to provide that data may affect or prohibit some or all components of our Services).
  • You benefit from your data: As a user of our Services, you grant to the Company a license to create aggregated and anonymized data sets from non-personal data submitted to AgXchangeTM. These data sets may be sold to third parties including, but not limited to, third parties delivering products or services to the agriculture industry. These products and services may bring additional value to growers or other entities within agriculture. Users of AgXchangeTM who are also growers and members of Grower Information Services Cooperative (GiSC), may also benefit from GiSC’s Profit Sharing Agreement with the Company.

How Information will be Collected

From You

When you register for our Services, you will be asked to provide us with contact information, including first and last name, mailing address, email address, and phone number. Additional information may be collected from you to provide you with certain features of our Services. This could include sensitive information such as payment information for premium Services and personal identification numbers required by third parties for access to additional data or services.

We will also collect data you intentionally submit to our Services. This includes production agriculture operational data submitted and stored in your repository (personal data account).

From Other Users

Other users of our Services may also submit data and information to be stored in your repository on your behalf. Please be aware the user who submitted data to be stored in your repository is solely responsible for the accuracy of that information, and the Company has no liability for any errors or omissions in that information. To the extent another user of our Services submits data to your repository containing your personal information, that submitted data will be considered your personal information.

Users who submit data to your repository agree the submitted data may be used by you for any lawful purpose and that you may copy, download, upload, transfer, and/or delete such submitted data.

From Grower Information Services Cooperative (GiSC)

The Company may access certain information from GiSC regarding information you provided GiSC as a member of GiSC. This could include information about your operation, such as FSA control county and primary commodity raised.

From the Use of our Services

As you access and use our Services, we may collect data related to that use. Data may be collected and analyzed to improve and update our Services, offer relevant and beneficial third party services and applications, and provide tailored, specific content and advertising.

Data collected through the use of our Services could include utilizing “cookies” and other similar technologies placed on your browser. These cookies would provide us with data on how you use and interact with our Services. Your browser will likely allow you to set your cookies policy, including options to erase existing cookies, allow/deny cookies before they are stored, and block all cookies. Your browser may also have a “Do Not Track” option. This indicates your preference not to have your online activity tracked. In regards to all these options, the Company will accommodate according to the browser options chosen. Please be aware, however, that one or more of the options may impede or prevent certain components of our Services.

From Other Third Parties

The Company may also collect and store data about you and your production agriculture operation from third parties. Primarily, this would include third party services and applications procured from and integrated with our Services.

Alternatively, in certain situations, third party data and information related to you or your operation that would enhance our Services may be requested on your behalf as a user of our Services or as a member of GiSC. Any data collected in this manner would be collected with your explicit consent by signing or acknowledging a data release authorization that would be sent to the third party to evidence your consent.

As a user of our Services, including AgXchange™, you may have access to third party services and applications that are available on our Services platform. Additionally, links to third-party websites, and other potential third party interactions, may be available from our Services. The Company, regardless of the level of integration with the third party, is committed to ensure these third parties add value to your use and experience of our Services. The Company will also be diligent that these third parties acknowledge your privacy and ownership rights in your data and protect those rights. However, the Company would not own or control these third parties. Therefore, this Privacy Policy does not extend to third parties. You acknowledge you understand the information collected or used by these third parties is governed by that particular third party’s privacy policy and/or terms of service and release the Company of all liability related to any third party’s conduct or service. Please review those applicable third party privacy policies and terms of service agreements.

How the Information Collected will be Used and Treated

You own the data and information you submit to your repository and have access to that data, including the right and ability to copy or transfer that data at any time. We consider this data your personal information (information that can identify you personally, or can be identified as information related to you or your operation). To the extent another user of our Services submits data to your repository containing your personal information, that submitted data will be considered your personal information.

When data is submitted to your repository or on your behalf, either by you or another user, you grant the Company an irrevocable, non-exclusive, non-transferable, royalty-free license to access, use, and produce anonymized (de-identified) non-personal data. Non-personal information includes all information that cannot identify you personally, nor can it be identified as information related to you. The following details how the Company may use both your personal information, and non-personal information.

Personal Information

Personal information (information that can identify you personally, or can be identified as information related to you or your operation) may be used by the Company directly in the following ways.

  • Communication – The Company may contact you via the contact information you provide when registering for our Services. These communications will be almost exclusively email messages sent to the email address you provide at sign-up. These messages would include registration confirmation, updates to legal agreements, such as this Privacy Policy, promotional offers on behalf of the Company and other third parties, technical support and update messages, and other applicable messages. You will have the option to unsubscribe to the various types of messages you receive from the Company.
  • Provide/Improve our Services – We may use your personal information to provide certain components of our Services to you (payment information as an example). We may also use your personal information to analyze and implement upgrades and improvements to our Services, including technical support and customer service feedback.
  • Third Parties – We may share personal and non-personal information with third parties who offer additional services on our Services platform. You will control how, and to what extent the personal data is shared, by signing or acknowledging a data release authorization to consent to such sharing. We may also share personal information with third parties at your direction as a part of our Services to you. Additionally, data and information, personal and otherwise, from third party services and applications accessed through our Services platform may be integrated into your repository.

Third parties may also be utilized by the Company to deploy, improve, or facilitate our Services. In this situation, it may be necessary to share, or grant access to, user data to the particular third party to accomplish or complete the contracted tasks. Please be aware all such third parties will have executed a non-disclosure agreement with the Company that prohibits the third party from sharing or disclosing your information and is subject to the terms of this Privacy Policy.

  • De-identify Personal Information – We may anonymize your personal data (also known as de-identifying). In this process, the Company will ensure all data stored outside of your repository is edited for all information that could personally identify you or identify the information as your data (creating non-personal data). The anonymized data may also be combined with other anonymized or non-personal data into aggregated data sets.
  • Legally Compelled – Your data may be disclosed to the appropriate authority in the event the Company is compelled by court order, or similar legal demand, to disclose certain information.

Non-Personal Information

The Company exclusively owns all non-personal data and information stored or created by our Services and may use that data for any lawful purpose as the Company chooses. Non-personal information includes all information that cannot identify you personally, nor can it be identified as information related to you or your operation. This includes, but is not limited to:

  • Intellectual Property – All intellectual property related to our Services: software code and structure, business systems, updates and upgrades to our Services, logos and trademarks.
  • Derivative Data Sets – Data sets created from disparate data sources, such as users’ non-personal and anonymized data. These data sets could include aggregated data sets and analysis of such data sets.
  • Our Services Analytics – Data collected regarding the use of, and interaction with, our Services: web traffic (including date, time, and location), access and utilization of our Services’ features, devices used to access our Services.

Company profits related to our users’ use of our Services, both direct and tangential, such as compensation for access to derivative data sets of non-personal information, are included in the Company’s Profit Sharing Agreement with GiSC. Users of our Services will be eligible to participate in those profits through the Company’s profit-sharing agreement with GiSC, if the user is a:

  • Grower – a sole proprietor or agent of a production agriculture operation who uses our Services for purposes related to the production agriculture operation, and
  • GiSC member – the user is a member of Grower Information Services Cooperative.

Updating Information

The Company is committed to the accuracy of the information contained within our Services. The Company will be diligent to extend that commitment to the data in your repository, both personal and non-personal. Ultimately, however, you best know your operation and are in the best position to notice any inaccuracies. The Company has designed our Services to allow you the capability of updating and editing much of the data and information contained in your repository, especially your personal information.

Please be aware that if you edit or delete personal information in your repository, the information stored prior to the edit or deletion will be removed from the Company’s servers within a period of time not to exceed sixty (60) days. In regards to editing or deleting non-personal information, the information stored prior to the edit or deletion may be retained outside of your repository at the Company’s discretion.

If you choose to delete your account or terminate your subscription to our Services, all personal data will be deleted and removed from the Company’s servers within a period of time not to exceed sixty (60) days. All non-personal data will remain the property of the Company and may be retained by the Company at its discretion.

Security

Maintaining your privacy, and the security of your data, is an integral component of our Services. We are committed to industry leading policies and technical safeguards to reasonably ensure your information is protected. However, please be aware the Company cannot guarantee, or warrant, such protection to you.

Additional Terms

Privacy Rights of Children

The company does not knowingly solicit, collect, or store the personal information of children under the age of 13. All users – please do not submit any personal information of a child under the age of 13. If you are under the age of 13, please do not use our Services or submit personal information to our Services. If we discover any personal information of a child under the age of 13, the information will be deleted and removed for our Services and system platform.

Privacy Rights of California Residents

Under California law, California residents may ask for a notice detailing how their personal information is shared with third parties for direct marketing purposes. This notice specifies the categories of personal information shared and the contact information of the third parties with whom the information is shared. If you are a California resident and would like a copy of this notice, please contact us at info@agproexchange.com to request the notice.

Changes to Privacy Policy/Company Ownership

The Company may update, revise, or amend this Privacy Policy, along with the Terms of Service, from time to time. If a change is made to this Privacy Policy or Terms of Service, the company will notify you. Continued use of our Services will indicate your acceptance of the updated, revised, or amended Privacy Policy and/or Terms of Service.

In the event the Company is sold or is a party to a merger or acquisition, this Privacy Policy and the Terms of Service shall be assigned to the succeeding ownership, with all rights and obligations created by this Privacy Policy and the Terms of Service passing to the successor.

Definitions

Aggregated Data Set – A set of data that is the result of combining data elements from different sources. Data included in the aggregated data set will be anonymous, non-personal information.

Anonymized Data – A process of sufficiently editing data so that any and all data that could identify you or could be identified as your personal information is removed. Also known as de-identified information.

Non-personal Information – Includes all information that can neither identify you personally, nor be identified as information related to you.

Personal Information – Data or information that can identify you personally, or can be identified as information related to you.

Repository – A user’s personal data account within AgXchange™ in which the user’s data is submitted and collected. The data collected is normalized, integrated, and stored in the user’s repository.