Privacy Policy

Last updated: January 5, 2022

AgriSecure, LLC (“AgriSecure” or “we”) respects your privacy and is committed to protecting it through our compliance with this policy. The following Privacy Policy outlines what information we collect when you visit the website https://agrisecure.com (the “Website”) and how we intend to use that information. By using the Website and accessing the Information (each as defined in the Terms of Use page), you are indicating your acceptance of the terms and conditions set forth below, as well as the terms and conditions set forth in the Terms of Use page. AgriSecure reserves the right to amend, modify, or update this Privacy Policy at any time for any reason. Your continued use of this Website after we make changes is deemed to be acceptance of those changes, so please check the policy periodically for updates.

This policy applies to information we collect:

• On this Website.
• On the MyFarm Platform available at https://myfarm.agrisecure.com/Home/Login (the “Platform”)
• In email, text, and other electronic messages between you and this Website.

It does not apply to information collected by:

• Us offline or through any other means, including on any other website operated by Company or any third party (including our affiliates and subsidiaries); or
• Any third party (including our affiliates and subsidiaries), including through any application or content (including advertising) that may link to or be accessible from or on the Website.

Personal Information

AgriSecure collects personally identifiable information (“Personal Information”) through the Website and Platform only from persons who voluntarily choose to provide such information. The Personal Information we collect includes your name, email address, phone number, and address. Such information may be collected in a number of different ways, including without limitation, as applicable, through “user i.d.” and password registrations, online transactions or services, surveys or contests, emails between you and AgriSecure, and other means of obtaining information. Personal Information may be corrected or updated in accordance with the Website. Personal Information will not be updated or corrected by AgriSecure if such update or correction would result in incorrect information or alter a transaction that has already been completed.

To the extent permitted by applicable law, we may use the Personal Information to provide products, information and services requested by you, provide effective customer service, improve the Website and/or marketing and promotional efforts, provide technical support and troubleshooting, and for security, credit or fraud prevention purposes.

Personal information may be used to communicate with you for a variety of reasons, including without limitation with respect to: your use of the Website; changes to our services or Website; services being provided; inquiries to improve the Website and the Information; and products and services of AgriSecure.

Information Collected Through Automatic Data Technologies

The Website automatically logs information about visitors from the browser used to access the Website (e.g., Safari, Internet Explorer, Google Chrome, etc.) (the “Visitor Information”). This information may include information about the I.P. address of the visitor, the specific pages of the Website visited, the website visited immediately prior to the Website, and certain other information.

None of the Visitor Information is used by AgriSecure for direct or indirect identification of the individual user who is accessing the Website. Such information may be used by AgriSecure in a variety of other ways, including without limitation to diagnose problems with its web servers, administer, design and construct its Website, track visitor movements on the Website, gather broad demographic information for aggregate use only, and make adjustments to the Website and the Information as it deems necessary or desirable.

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 our Website and Platform and their 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.
• To provide you with notices about your Platform 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 our Website or Platform or any products or services we offer or provide though it.
• In any other way we may describe when you provide the information.
• For any other purpose with your consent.

Sharing Information

Personal Information and/or Visitor Information may be shared or transferred by AgriSecure in its discretion in a number of manners, including without limitation the following:

• Among the AgriSecure family of companies;
• To companies or organizations that perform services on AgriSecure’ behalf, such as website support services providers. We currently provide Personal or Visitor Information to the following service providers to support our business operations:
  • We use Nutshell for marketing and sales services. You can view Nutshell’s privacy policy here.
  • We use Quickbooks for accounting services. You can view Quickbooks’ privacy policy here.
• Provide contact information to AgriSecure’s Trade Partners (defined as businesses not owned or operated by AgriSecure but which provide comparable goods or services that may be desirable or useful for visitors of the Website), advertisers, and other interested parties.
• Provide aggregated data regarding products and services purchased, visitor interests, demographics and other information to Trade Partners, advertisers and other interested parties;
• Provide billing information to credit card processing companies with respect to products and services purchased or requested by visitors; and in connection with AgriSecure partnering with other companies to provide specific services or products.
• To a buyer or other successor in the event of a merger, divestiture, restructuring, reorganization, dissolution, or other sale or transfer of some or all of AgriSecure’s assets, whether as a going concern or as part of bankruptcy, liquidation, or similar proceeding, in which personal information held by AgriSecure about our Website or Platform users is among the assets transferred.
• To fulfill the purpose for which you provide it.
• For any other purpose disclosed by us when you provide the information.
• With your consent.

AgriSecure may also share or transfer your Personal Information and Visitor Information under the following circumstances:

• To comply with laws, rules, or regulations of any governmental authorities.
• To comply with court orders, subpoena, search warrant, or legal process.
• To enforce or apply agreements of AgriSecure or protect AgriSecure and its rights.
• To protect and defend AgriSecure, and its officers, directors, employees, attorneys, agents, contractors, and partners, in connection with any legal action, claim, or dispute.
• To enforce the Terms of Use of the Website or the MyFarm Platform Agreement.
• To prevent imminent physical harm.
• In the event that we find that your actions on the Website violate any laws, our Terms of Use, or any of our usage guidelines for specific products or services.

We will not use your Personal Information to send product or promotional advertising unless you have agreed to receive the same. Other than as provided above, AgriSecure does not provide or sell your personal information to third parties.

Because AgriSecure is an international company, it is possible that Personal Information and/or Visitor Information may be transferred among different countries. AgriSecure will make good faith efforts to ensure such transfers will occur in compliance with the applicable local law relevant to the source of the information. When you furnish Personal Information to AgriSecure through the Website or Platform, you are giving your consent to cross-country transfer of such Personal Information.

Your Choices

We respect your right to make choices about the ways we collect, use and disclose your Personal Information. In some cases, we may ask you to indicate your choices at the time we collect your Personal Information. If you receive e-mail or marketing communications, you may “opt-out” of receiving e-mail and other communications from us at any time by using the unsubscribe feature included in the e-mails we send. If you are a customer of AgriSecure, we reserve the right to contact you with information regarding health and safety, applicable regulations, or stewardship of our products.

Platform

The Platform is accessible only to registered users who have purchased a subscription to the Platform (“Platform Users”). The Platform may include additional features that are accessible only to Platform Users. Use of the Platform is governed by the MyFarm Platform Agreement.

We collect the following Personal Information from Platform Users: name, email address, phone number, and address. We also collect information pertaining to the Platform User’s farm (“Farm Information”). Farm Information is used to support the Platform and may be shared anonymously with other Platform Users. Farm Information that is shared for this purpose will never contain any Personal Information or identifiable information.

Children and Privacy

AgriSecure does not knowingly collect information from or about children age 17 and under without the consent of a parent or legal guardian. No one under age 17 may provide any personal information to or on the Website or Platform. We do not knowingly collect personal information from children under 17. If you are under 17, do not use or provide any information or register on the Platform or Website, or provide any information about yourself to us, including your name, address, telephone number, email address, or any screen name or user name you may use. If we learn we have collected or received personal information from a child under 17 without verification of parental consent, we will delete that information. If you believe we might have any information from or about a child under 17, please contact us at contact@agrisecure.com.

Security

AgriSecure takes commercially reasonable, good faith precautions to protect visitor’s Personal Information. Although we try to reduce the likelihood of accidental disclosures and unintended access to and modification of Personal Information, it is impossible to eliminate this possibility entirely.

Please keep in mind that whenever you voluntarily disclose Personal Information online, such information can be collected and used by others. Where we have given you (or where you have chosen) a password for access to certain parts of our Website or Platform, you are responsible for keeping this password confidential. We ask you not to share your password with anyone. You are solely responsible for maintaining the secrecy of your passwords and any account information that you may have.

Unfortunately, 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 our Website or 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 Website or Platform.

Cookies

We may use cookies as a way to measure activity and traffic patterns on the Website or Platform in order to continually improve the visitor’s experience. Users do not need to have cookies turned on to visit the Website or Platform, but may need them to use certain customizable features. While we take all reasonable steps to protect the privacy of our visitors, we cannot promise that the current limitations of our online applications programming will address every browser setting or honor every personal browser preference. Further, our online service providers or business partners may implement technologies that allow for the collection of personally identifiable information over time and across websites.

Third-Party Sites

This Privacy Policy only covers the Website and Platform. It does not cover third-party websites that are either accessed via links from the Website or third-party websites that contain links to the Website. Please refer to those websites for their own Privacy Policies. You agree that AgriSecure has no liability, obligation or responsibility for any communication between you and any third party. The inclusion of any link to such websites does not imply endorsement, authorization, sponsorship or affiliation by AgriSecure to any of the websites, and the links are only provided as a convenience.

PRIVACY NOTICE FOR CALIFORNIA RESIDENTS

Effective Date: January 5, 2022
Last Updated on: January 5, 2022

This Privacy Notice for California Residents supplements the information contained in AgriSecure’s Privacy Policy and applies solely to all visitors, users, and others who reside in the State of California (“consumers” or “you”). We adopt this notice to comply with the California Consumer Privacy Act of 2018 (“CCPA”) and any terms defined in the CCPA have the same meaning when used in this Notice.

Information We Collect

We collect Personal Information. Personal Information does not include:

• Publicly available information from government records.
• Deidentified or aggregated consumer information.
• Information excluded from the CCPA’s scope, like:
  • health or medical information covered by the Health Insurance Portability and Accountability Act of 1996 (HIPAA) and the California Confidentiality of Medical Information Act (CMIA), clinical trial data, or other qualifying research data;
  • personal information covered by certain sector-specific privacy laws, including the Fair Credit Reporting Act (FCRA), the Gramm-Leach-Bliley Act (GLBA) or California Financial Information Privacy Act (FIPA), and the Driver’s Privacy Protection Act of 1994.

In particular, we have collected the following categories of personal information from consumers within the last twelve (12) months:

• Identifiers (name, IP address, postal address, unique personal identifier, online identifier, or email address)
• Personal information categories listed in the California Customer Records statute (Cal. Civ. Code § 1798.80(e)) (name, address, or telephone number)
• Commercial information (records of products purchased)
• Internet or other similar network activity (browsing history, search history, information on a consumer’s interaction with a website, application, or advertisement)

We obtain the categories of personal information listed above from the following categories of sources:

• Directly from you. For example, from forms you complete or products and services you purchase.
• Indirectly from you. For example, from observing your actions on our Website or Platform.

Use of Personal Information

We may use, or disclose the personal information we collect for one or more of the following purposes:

• To fulfill or meet the reason you provided the information. For example, if you share your name and contact information to request a price quote or ask a question about our products or services, we will use that personal information to respond to your inquiry. If you provide your personal information to purchase a product or service, we will use that information to process your payment and facilitate delivery. We may also save your information to facilitate new product orders or process returns.
• To provide, support, personalize, and develop our Website and Platform, products, and services.
• To create, maintain, customize, and secure your account with us.
• To process your requests, purchases, transactions, and payments and prevent transactional fraud.
• To provide you with support and to respond to your inquiries, including to investigate and address your concerns and monitor and improve our responses.
• To help maintain the safety, security, and integrity of our Website and Platform, products and services, databases and other technology assets, and business.
• For testing, research, analysis, and product development, including to develop and improve our Website and Platform, products, and services.
• To respond to law enforcement requests and as required by applicable law, court order, or governmental regulations.
• As described to you when collecting your personal information or as otherwise set forth in the CCPA.
• To evaluate or conduct a merger, divestiture, restructuring, reorganization, dissolution, or other sale or transfer of some or all of our assets, whether as a going concern or as part of bankruptcy, liquidation, or similar proceeding, in which personal information held by us about our consumers is among the assets transferred.

We will not collect additional categories of personal information or use the personal information we collected for materially different, unrelated, or incompatible purposes without providing you notice.

Sharing Personal Information

We may share your personal information by disclosing it to a third party for a business purpose. We only make these business purpose disclosures under written contracts that describe the purposes, require the recipient to keep the personal information confidential, and prohibit using the disclosed information for any purpose except performing the contract. In the preceding twelve (12) months, AgriSecure has disclosed personal information for a business purpose to the categories of third parties indicated in the chart below.

We do not sell personal information. In the preceding twelve (12) months, AgriSecure has not sold the following categories of personal information to the categories of third parties indicated in the chart below. For more on your personal information sale rights, see Personal Information Sales Opt-Out and Opt-In Rights.

Your Rights and Choices

The CCPA provides California residents with specific rights regarding their personal information. This section describes your CCPA rights and explains how to exercise those rights.

Right to Know and Data Portability

You have the right to request that we disclose certain information to you about our collection and use of your personal information over the past 12 months (the “right to know”). Once we receive your request and confirm your identity (see Exercising Your Rights to Know or Delete), we will disclose to you:

• The categories of personal information we collected about you.
• The categories of sources for the personal information we collected about you.
• Our business or commercial purpose for collecting or selling that personal information.
• The categories of third parties with whom we share that personal information.
• If we sold or disclosed your personal information for a business purpose, two separate lists disclosing:
  • sales, identifying the personal information categories that each category of recipient purchased; and
  • disclosures for a business purpose, identifying the personal information categories that each category of recipient obtained.
• The specific pieces of personal information we collected about you (also called a data portability request).

Right to Delete

You have the right to request that we delete any of your personal information that we collected from you and retained, subject to certain exceptions (the “right to delete”). Once we receive your request and confirm your identity (see Exercising Your Rights to Know or Delete), we will review your request to see if an exception allowing us to retain the information applies. We may deny your deletion request if retaining the information is necessary for us or our service provider(s) to:

• Complete the transaction for which we collected the personal information, provide a good or service that you requested, take actions reasonably anticipated within the context of our ongoing business relationship with you, fulfill the terms of a written warranty or product recall conducted in accordance with federal law, or otherwise perform our contract with you.
• Detect security incidents, protect against malicious, deceptive, fraudulent, or illegal activity, or prosecute those responsible for such activities.
• Debug products to identify and repair errors that impair existing intended functionality.
• Exercise free speech, ensure the right of another consumer to exercise their free speech rights, or exercise another right provided for by law.
• Comply with the California Electronic Communications Privacy Act (Cal. Penal Code § 1546 et. seq.).
• Engage in public or peer-reviewed scientific, historical, or statistical research in the public interest that adheres to all other applicable ethics and privacy laws, when the information’s deletion may likely render impossible or seriously impair the research’s achievement, if you previously provided informed consent.
• Enable solely internal uses that are reasonably aligned with consumer expectations based on your relationship with us.
• Comply with a legal obligation.
• Make other internal and lawful uses of that information that are compatible with the context in which you provided it.

We will delete or deidentify personal information not subject to one of these exceptions from our records and will direct our service providers to take similar action.

Exercising Your Rights to Know or Delete

To exercise your rights to know or delete described above, please submit a request by either:

• Calling us at 712-210-6158
• Emailing us at contact@agrisecure.com

Only you, or someone legally authorized to act on your behalf, may make a request to know or delete related to your personal information.

You may also make a request to know or delete on behalf of your child.

You may only submit a request to know twice within a 12-month period. Your request to know or delete must:

• Provide sufficient information that allows us to reasonably verify you are the person about whom we collected personal information or an authorized representative.
• Describe your request with sufficient detail that allows us to properly understand, evaluate, and respond to it.

We cannot respond to your request or provide you with personal information if we cannot verify your identity or authority to make the request and confirm the personal information relates to you.

You do not need to create an account with us to submit a request to know or delete. However, we do consider requests made through your password protected account sufficiently verified when the request relates to personal information associated with that specific account.

We will only use personal information provided in the request to verify the requestor’s identity or authority to make it.

Response Timing and Format

We will confirm receipt of your request within ten (10) business days. If you do not receive confirmation within the 10-day timeframe, please contact contact@agrisecure.com.

We endeavor to substantively respond to a verifiable consumer request within forty-five (45) days of its receipt. If we require more time (up to another 45 days), we will inform you of the reason and extension period in writing.

If you have an account with us, we will deliver our written response to that account. If you do not have an account with us, we will deliver our written response by mail or electronically, at your option.

Any disclosures we provide will only cover the 12-month period preceding our receipt of your request. The response we provide will also explain the reasons we cannot comply with a request, if applicable. For data portability requests, we will select a format to provide your personal information that is readily useable and should allow you to transmit the information from one entity to another entity without hindrance.

We do not charge a fee to process or respond to your verifiable consumer request unless it is excessive, repetitive, or manifestly unfounded. If we determine that the request warrants a fee, we will tell you why we made that decision and provide you with a cost estimate before completing your request.

You do not need to create an account with us to exercise your opt-out rights. We will only use Personal Information provided in an opt-out request to review and comply with the request.

Non-Discrimination

We will not discriminate against you for exercising any of your CCPA rights. Unless permitted by the CCPA, we will not:

• Deny you goods or services.
• Charge you different prices or rates for goods or services, including through granting discounts or other benefits, or imposing penalties.
• Provide you a different level or quality of goods or services.
• Suggest that you may receive a different price or rate for goods or services or a different level or quality of goods or services.

However, we may offer you certain financial incentives permitted by the CCPA that can result in different prices, rates, or quality levels. Any CCPA-permitted financial incentive we offer will reasonably relate to your personal information’s value and contain written terms that describe the program’s material aspects. Participation in a financial incentive program requires your prior opt-in consent, which you may revoke at any time.

GDPR NOTICE

In compliance with the European Union (“EU”) General Data Protection Regulation (“GDPR”), we may rely upon one or more legal bases defined in the GDPR to collect, use, share and otherwise process the Personal Information of individuals located in the EU, including where:

• Necessary to perform a contract we have with you, such as our terms of engagement, and to provide the services;
• You have consented to the processing (in which case you may revoke your consent at any time);
• Necessary for us to comply with a legal obligation, or to establish, exercise or defend legal claims;
• Necessary to protect your vital interests or those of others;
• Necessary in the public interest; and
• Necessary for the purposes of AgriSecure or a third party’s legitimate interests, provided that those interests are not overridden by your interests or fundamental rights and freedoms.

Where we collect, use, disclose and otherwise process your information based on legitimate interests, we may rely on the following interests:

• Marketing our products: We use your information as necessary to pursue our legitimate interests in marketing our products to you. For example, where permitted by digital marketing law, we may contact you by email to let you know of products you might be interested in.
• Providing, improving and developing our products: We use your information as necessary to pursue our legitimate interests in tailoring and improving our products. For example, we may send you a survey or questionnaire to understand your experience in purchasing from us.

If you are located in the EU, under certain circumstances, you may have certain legal rights under the GDPR, including:

• To access the personal data we maintain about you
• To receive information about how we process your personal data
• To correct your personal data
• To have your personal data erased
• To object to or restrict how we process your personal data
• To request your personal data be transferred to a third party
• To withdraw any consent you may have given us to process your personal data

If you are an EU resident, you have the right to object to our processing that is based on legitimate interests by contacting us at the address or number below. If you are located in the EU and you believe that we have infringed your rights under the GDPR, please contact us by sending an email to contact@agrisecure.com.

Changes to Our Privacy Policy

It is our policy to post any changes we make to our privacy policy on this page. If we make material changes to how we treat our users’ personal information, we will notify you through a notice on the Website home page. The date the privacy policy was last revised is identified at the top of the page. You are responsible for periodically visiting our Website and this privacy policy to check for any changes.

Contact

If you have questions about this Privacy Policy or our Terms of Use, please contact us via the Contact AgriSecure page listed on the Website.