Last updated April 10, 2019
Granular, Inc. and its affiliates (“Granular”, “We”, “Our”, or “Us”) believe that protecting Your individual privacy rights is a key obligation of Our relationship, and We want You to be familiar with how We collect, use, and disclose information. These Privacy Terms (“Terms”) describe Our practices regarding information that We collect through Our web-based and mobile service applications (“Services”) and other means.
For Your convenience, click here to view answers to questions frequently asked by Our customers.
There are several categories of information that You provide Us or We may have access to through Your use of the Services or through other interactions with Us. Some of these categories have more restrictions on what We can do with the information, both for Your benefit and Ours.
1. INFORMATION WE COLLECT AND HOW WE COLLECT IT
1.1 “Personal Information” is information that identifies You as an individual or relates to an identifiable individual and may include:
- Postal address (including billing and shipping addresses)
- Telephone or fax number
- Email address
- Date of birth
- Physical location and/or Global Positioning System (GPS) coordinates
- Purchase history for Services
- Operational and agronomic data such as plans or actuals related to planting, product application, scouting, irrigation, yield, harvesting, and other activities, including what products are used and which tasks are done when on Your operation
- Land data, such as Your ownership and lease information related to field boundaries
- Machine data that is imported on Your behalf from third-party equipment manufacturers or software companies
- Weather and climate data sourced through Your proprietary weather stations or otherwise provided by You
Other categories of Personal Information We may collect include:
1.1.1 Restricted Personal Information
- Personal identification numbers, such as a tax ID number or national ID number
- Banking information, such as debit card data or bank account details
- Information regarding income, assets, or debt
- Passwords and reminder questions/answers
1.1.2 Farm Financial Information related to You
1.2 Costs or financial data associated with operational or agronomic activities on Your farming operation, such as contracts, revenue, costs, or profit
1.3 “Other Information” is information We collect that may not specifically identify You. If We are required to treat Other Information as Personal Information under applicable law, then We will use and disclose it only for the purposes for which We use and disclose Personal Information as detailed in these Terms. Other Information We may collect includes:
1.3.1 Electronic information
- Browser and device information
- Services usage data
- Information collected through cookies, pixel tags, and other technologies
- Server access information
- IP address
1.3.2 Demographic information provided
- Demographic information and other information provided by You that does not reveal Your identity
1.3.3 Aggregated /anonymized information
- Information that has been aggregated or anonymized in a manner such that it no longer reveals Your specific identity
1.3.4 Farm operation information not related to You
- Operational and agronomic data such as plans or actuals related to planting, product application, scouting, irrigation, yield, harvesting, and other activities, not associated with an individual
- Land data, such as field boundaries, not associated with an individual
- Machine data not associated with an individual
- Weather and climate data not associated with an individual
1.4 We and Our service providers collect Information in a variety of ways, including:
1.4.1 Through the Services
- We collect Personal Information through the Services, for example, when You register an account to access the Services, use or subscribe to the Services, make a request or inquiry related to the Services, or register or participate in a forum or other communication through the Services.
- We collect Personal Information from You offline, for example, when You place an order over the phone, contact customer service, or attend a trade show. We may also collect Personal Information through various marketing efforts, such as requests for white papers or product demos, sales initiatives, and related activities.
1.4.3 From other sources
- We receive Your Personal Information from other sources, for example, publicly available databases and joint marketing partners, when they share the information with Us.
- We may also receive Personal Information when Your agent, such as a certified sales agent or duly authorized representative, submit(s) Personal Information on Your behalf.
1.4.4 Through Your browser or device
- Certain information is collected by most browsers or automatically through Your device, such as Your Media Access Control (MAC) address, computer type (Windows or Mac), screen resolution, operating system name and version, device manufacturer and model, language, Internet browser type and version, and the name and version of the Services (such as the App) You are using. We use this information to ensure that the Services function properly. We may also collect the physical location of Your device for example, using satellite, cell phone tower, or WiFi signals.
1.4.5 Through Your use of the Services application
- When You download and use the Services application, We and Our service providers may track and collect the application usage data, such as the date and time the application on Your device accesses Our servers, and what information and files have been downloaded to the application based on Your device number.
1.4.6 Using cookies, pixel tags and other similar technologies
1.4.8 Using Adobe Flash technology (including Flash Local Shared Objects (“Flash LSOs”)) and other similar technologies
- We may use Flash LSOs and other technologies to, among other things, collect and store information about Your use of the Services. If You do not want Flash LSOs stored on Your computer, You can adjust the settings of Your Flash player to block Flash LSO storage using the tools contained in the Website Storage Settings Panel. You can also go to the Global Storage Settings Panel and follow the instructions (which may explain, for example, how to delete existing Flash LSOs (referred to as “information”), how to prevent Flash LSOs from being placed on Your computer without Your being asked, and how to block Flash LSOs that are not being delivered by the operator of the page You are on at the time). Please note that setting the Flash Player to restrict or limit acceptance of Flash LSOs may reduce or impede the functionality of some Flash applications. We also use other similar technologies.
2. HOW WE USE AND SHARE INFORMATION
2.1 Restrictions on Our use and sharing of certain information
To protect Your more sensitive information, we restrict ways in which we use and share such information. We may share Your Restricted Personal Information and Farm Financial Information only with Our Service Providers, as required by law or, to the extent You authorize Our sharing it with third parties, such as agents, retailers, and distributors solely to facilitate providing the Services to You.
We will not, without Your consent, share Restricted Personal Information, Farm Financial Information, or aggregated Information that includes Farm Financial Information with (i) Our affiliates involved in the sale of seed or crop protection products; or (ii) Granular sales representatives or Granular affiliates’ field seed sales employees or independent seed sales representatives or certified services agents. Additionally, We will not use or share any of Your Farm Financial Information for purposes of seed or crop input pricing.
2.2 We and Our service providers use information collected through the Services and by other means for the following business purposes:
2.2.1 Providing the functionality of the Services and fulfilling Your requests
- To provide the Services to You, such as arranging access to Your registered account, and providing You with related customer service
- To respond to Your inquiries and fulfill Your requests when You contact Us, for example, when You send Us questions, suggestions, compliments or complaints, or when You request a quote for or other information about Our Services
- To facilitate the sale and distribution of Our products and Services (consistent with Your choices), offer You credit to purchase Our products and Services, and complete Your transactions
- To send administrative information to You, such as changes to Our terms, conditions and policies
We will engage in these activities to manage Our contractual relationship with You and/or to comply with a legal obligation.
2.2.2 Providing You with Our marketing materials and facilitating social sharing
- To communicate with You about Services or offers that may be of interest to You
- To send You information about new products and other news about Our company.
- To facilitate social sharing functionality that You choose to use
- To allow You to interact with others through the Services or other means, for example, through a blog, message board, or messaging or chat functionality
- If You provide Your consent to receive push notifications, We may send push notifications to Your mobile device to provide You with updates and other relevant information about products and promotional offerings. We may also send You push notifications to ask for Your feedback on Our products and services, and to inform You about other features We think may interest You. If You wish to stop receiving push notifications from Us, You can turn off push notifications in the settings of Your mobile device.
We will engage in this activity with Your consent or, if applicable, where We have a legitimate interest. You may opt out of receiving marketing materials at any time.
2.2.3 Allowing You to participate in sweepstakes, contests or other promotions
- We may offer You the opportunity to participate in a sweepstakes, contest, technology forum, or other promotion or activity.
- Some of these promotions have additional rules containing information about how We will use and disclose Your Personal Information.
We will use this information with Your consent or to manage Our contractual relationship with You.
2.2.4 Accomplishing Our business purposes
- To create aggregated information which does not contain Personal Information and which may be used for any purpose
- To improve, enhance, or modify the Services or services of Our affiliates, for example, by performing data analysis, audits, researching and developing new products and new product features, developing marketing events, and identifying usage trends, which may include licensing, joint development, or similar arrangements with third parties
- For audits, to verify that Our internal processes function as intended and are compliant with legal, regulatory, or contractual requirements
- For fraud and security monitoring purposes, for example, to detect and prevent cyberattacks or attempts to commit identity theft
- For determining the effectiveness of Our promotional campaigns, so that We can adapt Our campaigns to the needs and interests of Our users
- For operating and expanding Our business activities, for example, understanding which parts of Our Services are of most interest to Our users so We can focus Our energies on meeting Our users’ interests
We engage in these activities to manage Our contractual relationship with You, to comply with a legal obligation, and/or because We have a legitimate interest.
2.3 In addition to the above, when We collect Your information through means other than the Services, We may also use it to provide You with third party marketing materials.
- To communicate with You about services or offers from third parties that may be of interest to You
- To send You information about new products and other news about third party companies.
We will engage in this activity with Your consent or, if applicable, where We have a legitimate interest. You may opt out of receiving marketing materials at any time.
2.4 We disclose information collected through the Services and by other means for the following business purposes:
2.4.1 Our affiliates for the purposes described in these Terms
- An affiliate is any entity that directly or indirectly controls, is controlled by, or is under common control with the subject entity.
2.4.2 Our third party service providers, to facilitate services they provide to Us
- These can include providers of services such as website hosting, data analysis, payment processing, order fulfillment, information technology and related infrastructure provision, customer service, email delivery, auditing, and other services.
2.4.3 Agents, retailers, or distributors to facilitate the sale and distribution of Granular products and Services, which may include marketing, consistent with Your choices
2.4.4 Third parties that may offer You credit to purchase Our products or Services
2.4.5 Third party sponsors of sweepstakes, contests and similar promotions, consistent with Your choices
2.4.6 Third parties in connection with licensing, product development, or similar arrangements
2.4.7 When You elect to disclose Personal Information
- When You choose to share Personal Information through a message board, chat functionality, social media, or other third party interaction in connection with the Services, the information You submit, including Your name, location and email address, may be publicly available to others. We are not responsible for any information You choose to submit through these features and We strongly discourage You from disclosing any Restricted Personal Information, Farm Financial Information, or other sensitive Personal Information through these features. If You use these features, Personal Information may remain on the Services even after You cease use of the Services.
When We provide Personal Information to third parties, We will take reasonable steps to ensure those third parties protect that information.
2.5 In addition to the above, when We collect Your information through other means, We may also disclose it for additional marketing purposes.
- To send You promotional materials through third party vendor support
- To third party administrators or sponsors of sweepstakes, contests, and similar promotions
2.6 We also may use and disclose information collected through the Services or by other means:
2.6.1 To comply with applicable law and regulations
- This can include laws outside Your country of residence.
2.6.2 To cooperate with public and government authorities
- To respond to a request or to provide information We believe is important.
- These can include authorities outside Your country of residence.
2.6.3 To cooperate with law enforcement
- For example, when We respond to law enforcement requests, search warrants, orders, other legally valid inquiries or orders, or as otherwise may be required or permitted by applicable Canadian, U.S., or other law or legal process, which may include lawful access by U.S. or foreign courts, law enforcement, or other government authorities, as permitted by applicable law.
2.6.4 For other legal reasons
- To enforce Our Terms of Service
- To protect Our operations
- To allow Us to pursue available remedies, limit the damages that We may sustain, or establish, exercise, or defend legal claims and investigate or prevent actual or suspected loss or harm to persons or property.
- To otherwise protect Our rights, privacy, safety or property, and/or that of Our affiliates, You, or others
- To assist another organization for the purposes of investigating a breach of an agreement or contravention of law or detecting, suppressing or preventing fraud.
2.6.5 In connection with a sale or business transaction
- We may disclose or transfer Your Personal Information as an asset to a third party in the event of any reorganization, merger, sale, joint venture, assignment, transfer, or other disposition or change in corporate control of all or any portion of Our business, assets, or stock (including in connection with any bankruptcy or similar proceedings.) Such third parties may include, for example, an acquiring entity and its advisors.
2.7 Other Information and aggregated information that does not specifically identify You may be used or disclosed by Us for any purpose.
3. THIRD PARTY SERVICES
These Terms do not address, and We are not responsible for, the privacy, information, or other practices of any third parties, including any third party operating any website to which the Services link. The inclusion of a link on the Services does not imply endorsement of the linked site or service by Us.
We are not responsible for the information collection, use, disclosure, or security policies or practices of other organizations, such as any other app developer, app provider, social media platform provider, operating system provider, wireless service provider, or device manufacturer, including with respect to Personal Information You disclose to other organizations through or in connection with the Services or other means.
We seek to use reasonable organizational, technical, and administrative measures to protect Personal Information within Our organization. Unfortunately, no data transmission or storage system can be guaranteed to be 100% secure. If You suspect or have reason to believe that Your interaction with Us is no longer secure, immediately notify Us of the problem by any means described in the “Contacting Granular” section below.
5. CHOICES AND ACCESS.
5.1 Your choices regarding Our use and disclosure of Your Personal Information
We give You many choices regarding Our use and disclosure of Your Personal Information for marketing purposes. By contacting email@example.com, You may opt out from receiving future electronic marketing messages and request that We not share Your Personal Information with unaffiliated third parties for their marketing purposes.
We will try to comply with Your request(s) as soon as reasonably practicable. Please note that if You opt out of receiving marketing-related messages, We may still send You important administrative messages, from which You cannot opt out.
5.2 How You can access, change or suppress Your Personal Information
Subject to limited exceptions under applicable law, You have the right to access, update and correct inaccuracies in Your Personal Information in Our custody and control. You may request to access, review, correct, update, suppress, restrict, or delete Personal Information, or object to the processing of Personal Information in Our custody or control by emailing Us at firstname.lastname@example.org or writing to Us at the contact information set out below. We will respond, consistent with applicable law, and may request certain Personal Information for the purpose of verifying the identity of the individual seeking access to his or her Personal Information records.
In Your request, please make clear what information You would like to have changed, whether You would like to have Your Personal Information deleted from a Granular database, or otherwise what limitations You would like to put on Our use of Your Personal Information. We will try to comply with Your request in a reasonable time or the time period prescribed by applicable law.
6. RETENTION PERIOD.
We retain Personal Information for as long as needed or permitted in light of the purpose(s) for which it was obtained and consistent with applicable law.
The criteria used to determine Our retention periods include:
- The length of time We have an ongoing relationship with You and provide the Services to You (for example, for as long as You have an account with Us or keep using the Services);
- Whether there is a legal obligation to which We are subject (for example, certain laws require Us to keep records of Your transactions for a certain period of time before We can delete them); or
- Whether retention is advisable in light of Our legal position (such as in regard to applicable statutes of limitations, litigation or regulatory investigations.)
7. USE OF SERVICES BY CHILDREN.
We are committed to protecting the privacy needs of children, and We encourage parents and guardians to take an active role in their children’s online activities. The Services are not directed to individuals under the age of sixteen (16), and We do not knowingly collect Personal Information from individuals under 16.
8. JURISDICTION AND CROSS-BORDER TRANSFER.
Personal Information may be stored and processed in any country where We have facilities or where We engage a service provider, and by using the Services You understand that Personal information will be transferred to countries outside of Your country of residence, including the United States, which may have data protection rules that are different from those in Your country. In certain circumstances, courts, law enforcement agencies, regulatory agencies or security authorities in those other countries may be entitled to access Your Personal Information.
Additional Information Regarding the EEA: Some of the non-EEA countries are recognized by the European Commission as providing an adequate level of data protection according to EEA standards (see the full list of countries). For transfers from the EEA to countries not considered adequate by the European Commission, We have put in place adequate measures, such as standard contractual clauses adopted by the European Commission to protect Your Personal Information. You may obtain a copy of these measures by contacting Us in accordance with the “Contacting Granular” section below.
9. SENSITIVE INFORMATION.
We ask that You not send Us, and You not disclose through the use of the Services or other means to Us, any sensitive Personal Information (for example, social security numbers, information related to racial or ethnic origin, political opinions, religion or other beliefs, health, biometrics or genetic characteristics, criminal background, or trade union membership).
10. UPDATES TO THESE TERMS.
We may change these Terms at any time. The “LAST UPDATED” legend at the top of this page indicates when these Terms were last revised. Any changes will become effective when We post the revised Terms on the Services. Your use of the Services following these changes means that You accept the revised Terms and that the revised Terms will apply to any of Your Personal Information or Other Information in Our possession at that time.
11. CONTACTING GRANULAR.
Granular, Inc., located at 731 Market Street, 6th Floor, San Francisco, CA 94103, is the company responsible for the collection, use, and disclosure of Your information under these Terms.
If You have questions about these Terms, contact Us by phone at 888-435-4726 (toll-free), via email at email@example.com or write to the following address:
Data Privacy Inquiry Management
Granular Data Privacy
731 Market Street
San Francisco, CA 94103
12. ADDITIONAL INFORMATION FOR THE EEA.
If You are located in the EU, You may also lodge a complaint with a data protection authority for Your country or region, or where an alleged infringement of applicable data protection law occurs. A list of data protection authorities is available on the European Commission website.
13. LIMITATION OF LIABILITY AND DISPUTE RESOLUTION.
To the extent permitted by applicable law, the provisions of Section 7 (Limitation of Liability), Section 8 (Dispute Resolution), and 10.1 (Governing Law) of the Granular Terms of Service apply to any disputes arising out of or relating to these Terms in any way. These Terms limit Our liability to You and limit the ways in which You can bring a claim against Us arising out of or relating to these Terms. You should read those terms carefully before You provide any information to Us.