Last Updated: May 25, 2018
Climate LLC, Climate LLC International SA and its affiliates (“us,” “we” or “our”) value the privacy and security of the information that our customers ("customers" or "you") choose to share with us through their purchase, enrollment or use of our products and services (collectively, the "Climate Service Platform").
Please read this Privacy Notice carefully before you use the Climate Service Platform so that you will understand our practices and your options before you choose to share your information. If you do not agree with this Privacy Notice in general or any part of it, you should not access the Climate Service Platform.
According to applicable local data protection and privacy legislation, such as the General Data Protection Regulation (“GDPR”), Climate LLC is the data controller for the processing operations covered by this Privacy Notice. You can reach us at:
Climate LLC
201 Third Street, Suite 1100
San Francisco, CA 94103
USA
Attention: Legal Department
Telephone: +1-415-363-0500
Email: legal@climate.com
According to applicable local data protection and privacy legislation, such as the GDPR, WeatherMe OÜ is our local representative in the European Union (EU). You can reach them at:
WeatherMe OÜ
Tornimäe 2
15010 Tallinn
Estonia
Attention: Data Privacy Attorney
Telephone: +372 661 36 55
Email: legal@climate.com
Our data protection officer for German data protection and privacy legislation is:
Dr. Thomas Knaak
Grafenberger Allee 277-287
40237 Düsseldorf
Germany
Telephone: +49 211 626896
Email: knaak@nehm-coll.de (with cc to: legal@climate.com)
Your Information
This Privacy Notice applies to the information and data that you provide to us or we obtain when you purchase, set up an account for, access or use any Climate Service Platform product or service, websites and applications (“Online Services”) including, for example, the data generated from your browser, device or the farming equipment you own or lease or data that you transfer or have transferred to us from a third party account (collectively, "Your Information").
Your ownership of Your Information
We presume you own Your Information. We do not claim any ownership interest in Your Information. That means that as between you and us, Your Information remains yours even after you provide it to us. By providing Your Information, 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 Notice.
Information we collect and process about you
As a part of our collection and processing (as described below) of Your Information, and depending on what Climate Service Platform product or service you subscribe to, we will collect from you some or all of the following information, some of which is generally called personally identifiable information (PII), personal information or personal data:
- Identification information (such as your name, address, telephone number, email address or National Identification or other government-issued identification numbers);
- Account information (such as your username and password);
- Information about your farming operations and field location (such as the size of your farming area, crops planted, yield data or GPS coordinates);
- Information about your farm (such as soil type, satellite imagery or topography);
- Information about your farming equipment and inputs (such as your equipment type and diagnostics or type of seed or fertilizer used); and
- Credit and financial information for order processing and payment (such as your bank account details or credit card information).
We will also collect and process information about you that we receive from third party sources such as third party licensees or platform partners that you proactively link your account to. Depending on the services provided by such third party sources, such information includes:
- Identification information (such as your name, address, telephone number or email address);
- Account information (such as your username and password);
- Information about your farming operations and field location (such as the size of your farming area, crops planted, yield data or GPS coordinates);
- Information about your farm (such as soil type, satellite imagery or topography); and
- Information about your farming equipment and inputs (such as your equipment type and diagnostics or type of seed or fertilizer used).
We also collect the following information from your browser or device:
- Through your browser or device: 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, IMEI number, 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.
- Through your use of mobile applications: When you download and use any Climate Service Platform mobile application (each, an "App"), we and selected third parties will track and collect App usage data, such as the date and time the App on your device accesses our servers and what information and files have been downloaded to the App based on your device IMEI number. We and selected third parties use the App information for security purposes, to display information more effectively, and to personalise your experience while using the Apps. We also gather statistical information about the usage of these Apps in order to continually improve their functionality, understand how they are used and resolve questions regarding their use.
- Using pixel tags and other similar technologies: Pixel tags (also known as web beacons and clear GIFs) will be used in connection with some Online Services to, among other things, track the actions of users of the Online Services (including email recipients), measure the success of our marketing campaigns and compile statistics about usage of the Online Services and response rates.
- IP address: Your IP Address is a number that is automatically assigned to the computer that you are using by your Internet Service Provider (ISP). Your IP Address will be identified and logged automatically in our server log files whenever you access the Online Services, 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 Online Services, helping diagnose server problems, and administering the Online Services.
- Location data: As part of our overall data collection process, we will collect the physical location of device(s) associated with your account by, for example, using GPS, cell phone tower or WiFi signals. We will use your device(s)’ physical location to provide you with personalised location-based services and content. As required by local applicable law, you will 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 will not be able to provide you with the applicable personalised services and content.
- Using cookies and similar technologies: Cookies are pieces of information stored directly on the computer you are using. Cookies allow us to collect information such as browser type and language, time spent on our site(s), pages visited, and other anonymous traffic data. We and selected third parties use the information for security purposes, to facilitate navigation, display information more effectively, and to personalise your experience while using the Online Services. We also gather statistical information about the usage of the Online Services in order to continually 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, there is a simple procedure in most browsers that allows 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. You may also wish to refer to http://www.allaboutcookies.org/manage-cookies/. If, however, you do not accept cookies, you may experience some inconvenience in your use of the Online Services. For example, we may not be able to recognise your computer and you may need to log in every time you visit the applicable Online Services.
We also permit third-party social media sites and advertising partners to use their cookies and other technology to facilitate login and/or collect information about your browsing activities over time and across different websites when you use the Online Services. For example, we use advertising services provided by third-party advertising partners, such as DoubleClick, Adobe Analytics and AOL Platforms, to market our services to you on other websites and online services. Through a process called “retargeting,” each such service places a cookie on your browser when you visit the Online Services so that they can identify you and serve you advertisements on other sites around the web based on your browsing activity.
For a full listing of all cookies that we or permitted third parties may place, please view our Cookie Policy or our Cookie Listing where you can find opt-out links for each of these cookies, or you can change your browser settings to reject or to notify you when cookies are set.
How we use Your Information
As it is necessary for us to comply with our contractual obligations to you, we will use Your Information to deliver, operate, maintain, and administer the Climate Service Platform products and services which you have requested.
As it is in our legitimate interests to be responsive to you and to ensure the proper functioning of our products and organisation, as well as to develop new products and services to better serve you, we will also use Your Information:
- to provide information that you request, to respond to comments and questions and otherwise to provide support to you;
- to establish and manage an ongoing relationship with you related to your Climate Service Platform account or use of the Climate Service Platform products and services;
- for research and analysis, forecasting, management reporting, supply chain and distribution management and improvement, product life cycle development, business management and sales management, for Climate Service Platform products and services;
- to create “Aggregated Information,” which is a combination and analysis of information from multiple sources that helps identify or creates trends, benchmarks, summary metrics, or predictive algorithms, provided that we take reasonable steps to aggregate the information to prevent any data from being associated back to a specific individual. We will create Aggregated Information from information that other customers choose to share with us, along with Your Information;
- to understand and analyse usage trends and preferences, improve the Climate Service Platform products and services, and develop new Climate Service Platform products, services, features, and functionality;
- to communicate with you about Climate Service Platform products and services or to present you with communications, content or offers that may be of interest to you, each as permitted by applicable law and each subject to your right to opt-out as set forth below; or
- to analyse, prepare for and carry out an acquisition, merger, take-over or any other type of corporate transaction involving a change of ownership or control, though we will try to pseudonymise Your Information used for this purpose.
As it is also in our legitimate interests to protect ourselves against claims and to ensure compliance with our legal obligations, we will also use Your Information to:
- comply with applicable laws or legal or regulatory obligations, processes or requests;
- enforce our terms and conditions and other agreements, including investigation of any potential violation thereof;
- detect, prevent or otherwise address security or technical issues;
- protect the rights, property or safety of us, our users, a third party or the public as required or permitted by law; or
- protect against and reduce fraud and credit risk.
We will also use Your Information for other purposes to which you consent.
How we use Aggregated Information
In addition to the above mentioned purposes, we will use Aggregated Information for the following purposes:
- to deliver, operate, maintain, administer and improve our and our group companies’ products or services;
- for research and analysis, forecasting, management reporting, supply chain and distribution management and improvement, product life cycle development, business management and sales management for our and our group companies’ products and services;
- to understand and analyse usage trends and preferences, improve our and our group companies’ products and services, and develop new products, services, features, and functionality; and
- to enable general marketing and advertising statements about our and our group companies’ products and services.
How we share Your Information
We share Your Information with selected service providers who work with us to support our Climate Service Platform operations and who agree not to use or disclose Your Information other than to provide services to us or as required by law. These recipients include the following categories of service providers and are listed here:
- IT service providers that provide website hosting, software development, information technology and related infrastructure support, customer service, email delivery;
- payment processing and order fulfillment service providers; and
- legal and financial advisors and auditors.
We will not share Your Information with law enforcement agencies, public authorities or other governmental or non-governmental organisations unless we are legally required to do so, or we have a good faith belief that such use is reasonably necessary to:
- comply with applicable laws or legal or regulatory obligations, processes or requests;
- enforce our terms and conditions and other agreements, including investigation of any potential violation thereof;
- detect, prevent or otherwise address security or technical issues;
- protect the rights, property or safety of us, our users, a third party or the public as required or permitted by law; or
- protect against and reduce fraud and credit risk.
We will also disclose Your Information to third parties:
- where you proactively choose to share Your Information with that third party;
- in the event that we sell any business or assets, in which case we will disclose Your Information to the prospective buyer of such business or assets; or
- if we or substantially all of our assets are acquired by a third party, in which case information held by us about our users will be one of the transferred assets.
Other than as permitted under this Notice, we will not share, sell, rent or lease Your Information with or to others without your consent.
How long we hold Your Information
Unless you request that Your Information be deleted as set out under “Ability to delete Your Information” below, we will hold Your Information for up to 10 years from the date you close your account, depending on the classification of the data.
In the following circumstances, Your Information will be held for longer than the specified period:
- as required by law or court order;
- as needed to defend or pursue legal claims;
- in line with industry codes of practice;
- as required for legitimate business purposes; or
- for historical or research purposes.
Other Information Use and Disclosure Commitments
We further commit that:
- We will not use Your Information or Aggregated Information for seed pricing.
- We will not use Your Information or Aggregated Information to make speculative commodities trades.
- We will not sell Your Information to third parties.
Marketing and Advertising
How we will use Your Information for marketing and advertising
Subject to applicable law, we will use Your Information to communicate with you about our products and services, subject to your right to opt-out as explained below.
We will not use Your Information to promote or advertise any third-party’s products or services without your consent. If you provide consent, then you may opt-out at any time.
Opting-out of marketing communications
- Paper communications: You may opt-out from receiving Climate Service Platform paper marketing communications by contacting our Customer Support center at privacy.support@climate.com or +1-888-924-7475 or writing to the address noted below under “Contacting Us”.
- Marketing emails: You may opt-out from receiving Climate Service Platform marketing emails by clicking on the “Unsubscribe” link in the email you receive or by contacting our Customer Support center at privacy.support@climate.com or +1-888-924-7475 to be removed from our mailing list.
Please note that you will still receive service communications from us related to your use of the Climate Service Platform products or services.
Your Rights
You have certain rights in relation to Your Information, unless provided otherwise by applicable local law. Some of these rights only apply in certain circumstances as set out in more detail below. We also set out how to exercise those rights. Please note that we will require you to verify your identity before responding to any requests.
Ability to delete Your Information
If you would like us to delete Your Information from the Climate Service Platform products and services, you may contact us by email at delete-request@climate.com. For your protection, we will take steps to verify your identity and ownership of the account and information associated with the particular email address that you use to send us your request. Upon your request to delete Your Information, we will remove it from the Climate Service Platform products and services without "undue delay," except as set forth below. Please keep in mind that should you request Your Information be deleted, it will no longer be available to you and deletion will involve the termination of your account. We will not be able to retrieve or recover an account and associated data that has been deleted.
There are some limitations on your ability to have Your Information deleted. Specifically, you will not be able to delete Your Information that:
- has been incorporated into Aggregated Information or that has been anonymised; or
- we are using to support your use of Climate Service Platform products or services at the time you ask to have it deleted.
In addition, we will not delete certain information if retaining it is, in our reasonable judgment, necessary or appropriate: (i) to comply with applicable laws or legal process or (ii) to protect our legal rights, such as pursuing available remedies or limiting the damages we may sustain.
Ability to request or share Your Information
We want our customers to have control over their data and freedom to move their data wherever they wish. If you request, we will provide you or a third party designated by you with a copy of Your Information that you have provided to us in a structured, commonly-used and machine readable format.
In addition, we make it possible for you to share certain of your specific account information directly with other customers and users. This will only be possible if you explicitly authorise us to do so and authenticate your identity. You may revoke this authorisation at any time.
Ability to request the restriction of or to object to processing of Your Information
You have the right to request us to restrict our processing of Your Information if:
- you believe Your Information is not accurate, but only for a reasonable period of time to enable us to verify the accuracy of Your Information that you claim is inaccurate;
- you can show or reasonably believe that our processing is unlawful, but you do not want us to delete or remove Your Information;
- you can show or reasonably believe that we no longer need Your Information for the purposes of the processing, but you need the data for the establishment, exercise or defence of legal claims; or
- you have objected to processing of Your Information, as described below, pending the verification whether our legitimate grounds for such processing override the interests, rights and freedoms of yours.
You also have the right to object, at any time, to our processing of Your Information that is being done for the purposes of the legitimate interests pursued by us or by a third party, except where such interests are overridden by your interests, rights and freedoms. You may also object to our processing of Your Information for direct marketing purposes, in which case we will deem you to have opted-out of receiving marketing communications, as set out in the section above titled “Opting-out of marketing communications”.
Even if you object to or request the restriction of processing of Your Information, we will continue to process Your Information if such processing is, in our reasonable judgment, necessary or appropriate: (i) to comply with applicable law or legal process, (ii) to protect our legal rights or establish, exercise or defend legal claims, (iii) for the protection of the rights of another natural or legal person or (iv) for reasons of important public interest.
Ability to rectify Your Information
You can always rectify Your Information (i) through your Climate Service Platform account, (ii) by calling our Customer Support center at +1-888-924-7475, or (iii) by emailing us at privacy.support@climate.com. If you have questions about Your Information, please contact us and we will try to respond within 30 business days. If you believe any of Your Information is incorrect, we will investigate and, if appropriate, correct the information.
Ability to access Your Information
You have the right to request a copy of Your Information. Such request must be in writing. You can exercise this right by writing to us at privacy.support@climate.com or at the address noted below under “Contacting Us”. If you require more than one copy of the data we hold about you, we may charge an administration fee. Please note that this right is not absolute and we may not be able to provide you with certain of Your Information if providing it would interfere with another individual’s rights (such as where providing the information we hold about you would reveal information about another person) or where another exemption applies.
Right to Withdraw Consent
Where you have provided your consent to us to process Your Information, you can withdraw your consent at any time (i) through your Climate Service Platform account, (ii) by calling our Customer Support center at +1-888-924-7475, or (iii) by emailing us at privacy.support@climate.com.
Data Security
Unfortunately, the transmission of information via the Internet or email is not completely secure. Although we will do our best to protect Your Information, we cannot guarantee the security of information transmitted through the Online Services or over email. Any transmission is at your own risk. Once we have received Your Information, we will take appropriate technical and organizational measures to safeguard the information against loss, theft and unauthorized use, access or modification, taking into account the state of the art, the costs of implementation and the nature, scope, context and purposes of processing as well as the risk of varying likelihood and severity for the rights and freedoms of natural persons. If you have reason to believe that your interaction with us is no longer secure, please immediately notify us in accordance with the "Contacting Us" section below.
To protect your privacy and security, we take certain steps designed to verify your identity before granting customer account access. You are responsible for maintaining the secrecy of your unique password and account information at all times and for any transactions performed from that account.
Independent Assessments of Our Privacy Notice Compliance
We mean what we say in this Privacy Notice. Accordingly, we will engage regular independent third-party assessments of Climate Service Platform systems and procedures to confirm adherence to this Privacy Notice, and we will make the resulting reports available upon request.
Use of Online Services by Minors
The Climate Service Platform and related Online Services are not directed to individuals under the age of eighteen (18), and we request that these individuals do not provide us with any of their information or use our Online Services. If Your Information includes information about or relating to a child, we will make all reasonable efforts to verify in such cases that proper consent is given by, or that the processing of such information is authorised by, the holder of parental responsibility over the child, taking into account available technology.
Cross-Border Transfer and International Users
As many of our Online Services are controlled and operated by us from the United States of America, in order to provide the Online Services to you, Your Information will be transferred to, stored in or processed in the United States and be accessible in any country where we have facilities or in which we engage service providers (as noted above). This can include a country (such as the United States of America) not located within the EU or the European Economic Area or a country for which the European Commission has not issued a decision that the country would ensure an adequate level of data protection. Such country may not offer the level of protection of your personal data equivalent to that provided by your home country. When we do transfer any of Your Information, we do so in compliance with applicable data protection laws and rely on the EU-US Privacy Shield Framework where appropriate or use approved Standard Contractual Clauses or other contractual language, internal rules and policies, or other legal mechanisms where necessary to help ensure an adequate level of protection. You can contact the data protection attorney listed below to obtain a copy of the data transfer agreement or more information regarding the relevant safeguard we put in place. For more information about the EU-US Privacy Shield Framework, visit the U.S. Department of Commerce's Privacy Shield website.
Third-Party Services and User-Generated Content
We will, from time to time, host links to and from the websites of third parties. If you follow a link to any of these websites, these websites will have their own privacy policies and we do not accept any responsibility or liability for these policies. Please check these policies before you submit any information to those websites. This Privacy Notice does not address any third party's: (i) collection, use, or disclosure of Your Information, including personally identifiable information; nor (ii) security policies or data protection practices (collectively, "Third Party Practices"). Such third parties include, without limitation:
- any third-party operating any site or service to which any Online Service links;
- any other app developer, app 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, third party or other user to whom you provide Your Information or Climate Service Platform account access or to whom you grant us permission to transfer Your Information. That includes, for example, the agents and sales representatives who participate in your purchase or use of Climate Service Platform products or services. We allow you to view who has that access and revoke access upon request.
Except as provided by law, we are not responsible nor liable for any Third Party Practices.
Moreover, we are not responsible for the information, including personal 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 Climate Service Platform. Any information, including any personal data, you submit there can be read, collected, or used by other users and could be used to send you unsolicited messages where you have included your contact details.
The inclusion of a link on an Online Services does not imply endorsement of the linked site or service by us. We are not responsible nor liable for any information, content, products, services, software, or other materials available on or through an external website. If you use an external website or any information or other content found on an external website or ask us to transfer Your Information to a third party site or service, please be aware that your use and any transferred information are subject to and governed only by the terms and conditions of such third party website or service.
Updates to this Privacy Notice
We may change this Privacy Notice from time to time. The "Last Updated" legend at the top of this page indicates when this Privacy Notice was last revised. Any changes to this Privacy Notice will become effective when we post or distribute the revised Privacy Notice.
Contacting Us
If you have any questions about this Privacy Notice, please contact us by emailing us at legal@climate.com or at:
Legal Department
Climate LLC
201 Third Street, Suite 1100
San Francisco, CA 94103
USA
Because email communications are not always secure, please do not include credit card information or other sensitive information in your emails to us.
Complaints
In the event that you wish to make a complaint about how we process Your Information, please contact us in the first instance at legal@climate.com and we will endeavour to deal with your request as soon as possible. You also always have the right to raise a complaint with a relevant supervisory authority.