We respect the privacy of individuals and are committed to handling personal information responsibly and in accordance with applicable law. This Policy sets out the personal information that we collect and process about you, the purposes of the processing and the rights that you have in connection with it. Please read this Policy carefully to understand how we handle your information. If you are in any doubt regarding the applicable standards, or have any comments or questions about this Policy, please contact us at the contact details in Section 13 below.
To access certain areas of the Websites or to subscribe to any of the Apps, you may be asked to complete a User Agreement, License Agreement, Services Agreement or other agreement and provide certain contact information. Users may correct or update their contact information by contacting us at the contact details in Section 13 below.
- Information We Collect About You
We may require basic information which identifies you as an individual (“Personal Information“), such as your name, email address and phone number, in order to transact business with you, on behalf of the company you work for, as our customer. We will only use such Personal Information for the purposes of providing information which you have requested, fulfilling business transactions, or for other purposes set out in this Policy.
We may also collect Personal Information indirectly from third parties, such as our business partners or third party providers of marketing lists.
We may collect the following information:
- Personal Identifiers:
- Name and job title.
- Company or organization.
- Contact information including phone number, email address and contact address.
- Demographic information such as postal code, preferences and interests.
- Language spoken.
- Other information relevant to customer surveys and/or offers.
- Social media handle and basic social media account information when you interact with us through social media.
- Information pertinent to fulfilling business transactions on a customer’s behalf, such as a customer’s unique numerical identifier and credit card numbers.
- IT information required to provide access to systems and networks, such as IP addresses, device IDs, log files and login information and information about your web browser.
- Internet or Other Electronic Network Activity Information: We collect information about the websites you came from and to which you are going, ad clicks, search history, and other information regarding your interaction with our Websites and Apps, such as the duration you stay on a webpage.
- Geolocation Data: We collect your IP address automatically when you use our Services, from which we or external parties operating on our behalf may be able to determine your general location. If you are using our App, with your consent, we or our authorized service providers and partners also may use precise geolocation technology such as GPS or Wi-Fi triangulation, mobile Bluetooth beacon technology, or geographic breadcrumbs to collect information about the exact location of your mobile device.
- Commercial Information: When you engage in transactions with us, we create records of goods or services purchased or considered, as well as purchasing or consuming histories or tendencies. Depending on the Services to which you subscribe, information that we collect may include hauler information, transaction data, tax identification number, asset-related information, including asset names, vehicle identification numbers, vehicle registration information, license plates or other asset information.
- Agricultural/Farm Data (“Farm Data”): We collect the following Farm Data provided by you:
- Farm Management Data. This includes information related to financial, tax, employment, commodity price, regulatory compliance, supply chain, and other management data.
- Agronomic Data. This includes crop and field information, such as planting data, seed type, yield, disease and pest management application, fertilization, and prescriptions.
- Land Data. This includes soil and fertility data, topographical, elevation, watershed, and drainage data, geospatial information, and tillage and conservation data.
- Machine Data. This includes telemetry, location, fuel usage, operator, and similar information from agricultural machines.
- Weather and Climate Data. This includes information related to weather and climate conditions.
- Livestock Data. This includes animal identification and pedigree, genetic and genomic information, feed consumption, and other data related to livestock.
- Milk Production Data. This includes daily shipped weights and testing data.
Some types of Farm Data may link to personal information, such as your name, address, or email address. Protection of personal information is addressed in this Policy and subject to applicable privacy laws and regulations.
We collect this information:
- Directly from you when you provide it to us (seeSection 3.1, Information You Provide to Us).
- Automatically as you navigate through the Websites and Apps. Information collected automatically may include usage details, IP addresses, and information collected through cookies (seeSection 3.2, Information We Collect through Automatic Data Collection Technologies).
- Automatically as mobile devices loaded with our Apps are transported by device carriers, providing geolocation about device location and movement as recorded by breadcrumb technologies (seeSection 3.2, Information We Collect through Automatic Data Collection Technologies).
- From third parties, for example, our business partners or other users of the Services. (seeSection 3.3, Information From Other Sources).
- How We Collect Personal Information
3.1 Information You Provide to Us
You may give Personal Information and Farm Data to us directly when, for example, you register for a customer account, purchase a product or service from us, disclose information to us, apply for a job, or contact our customer service department.
Personal Information we collect from the forms you fill out on or through our Websites or through the Apps or via e-mail, text or other electronic messages may be used in any of the following ways:
- To provide you with information about our products and services and select third party products, including product alerts, releases, upgrades and patches.
- To allow you to download products, access webinars or product demos.
- To help us administer the Websites.
- To access customer support portals.
- To ask you to participate in surveys about products, services, news and events.
- To aggregate broad demographic information to understand general user trends.
- To enable our compliance with export control and other laws and regulations.
Our Websites also make online forums, blogs, message boards, and/or news groups available to you. You may decide to provide Personal Information to be published or displayed on these public areas of the Websites, or transmitted to other users of the Websites or third parties (collectively, “User Contributions“). Please remember that any information you disclose in any public forum or community areas becomes public information and is immediately accessible to other users, so it is important for you to carefully consider what, if any, information you reveal in these areas. Your User Contributions are posted on and transmitted to others at your own risk. Please be aware that we cannot control the actions of third parties with whom you may choose to share your User Contributions or with whom you choose to do business. Therefore, we cannot and do not guarantee that your User Contributions will not be viewed by unauthorized persons.
3.2 Information We Collect through Automatic Data Collection Technologies
When you interact with our Websites, Apps and Services, we (and our partners, advertisers, advertising networks and other third-party service providers) automatically collect certain information. For example, we collect information about the webpages you view and how you move through our Websites, how you reached our Websites, how you interact with our social media pages, and how you interact with our email communications. As you navigate through and interact with our Websites, or as you download, access and use the Apps, we may use automatic data collection technologies to collect certain information about your equipment, browsing actions and patterns, including:
- Usage Details:When you access the Websites or access and use the Apps, we may automatically collect certain details of your access, including traffic data, location data, logs and other communication data and the resources that you access.
- Device Information:We may collect information about your computer and internet connection, including your IP address, operating system and browser type, as well as your mobile device, mobile network information and the device’s telephone number.
- Stored Information and Files:The Apps may access metadata and other information associated with files stored on your device. This may include photographs, audio and video clips, personal contacts and address book information.
- Location Information:The Apps may collect real-time information about the location of your device, including routes traveled and stops made by the person carrying your device, commonly referred to as breadcrumbs.
The information we collect automatically may include Personal Information. It helps us to improve our Websites and Apps to deliver a more personalized service by recognizing you when you return to the Websites or the Apps. If you do not want us to collect this information, do not access the Websites or download the Apps – or otherwise delete them from your device. For more information, see Section 10, Choices About How We Use and Disclose Your Information. Note, however, that opting out of Apps’ collection of location information will cause its location-based features to be disabled.
The technologies we use for this automatic data collection may include:
- Strictly necessary cookies: These are essential to enable you to move around the Websites and use its features. Without these cookies, the Service you have requested cannot be provided.
- Performance cookies: These cookies improve how our Websites work. They collect information about how users use our Websites.
- Functionality cookies: These cookies allow us to remember what choices you make (e.g., your username, language or the region you are in) to provide enhanced, more personal features. The information these cookies collect may be anonymized.
- Advertising and marketing cookies: These cookies are used to send you advertising and marketing-related material tailored to you and your interests, limit the number of times you see an advertisement, and help measure advertising campaigns’ effectiveness. These cookies are usually placed by advertising networks with the website operator’s permission. These cookies remember that you have visited a website, and this information is shared with other organizations like advertisers. The “interest-based” or “personalized” advertising powered in part by these cookies is usually more relevant to you, but it also generally involves the collection and use of more information about you and your browsing history.
- Flash Cookies and Web Beacons:Certain features of our Websites or the Apps may use local stored objects (or flash cookies and web beacons) to collect and store information about your preferences and navigation to, from and on our Websites and the Apps. Flash cookies are not managed by the same browser settings as are used for browser cookies. For information about managing your privacy and security settings for flash cookies and web beacons, see Section 10, Choices About How We Use and Disclose Your Information.
- Geolocation Breadcrumb Trails: Geolocation breadcrumbs provide a trail to follow the route traveled by the person carrying a device from the ending point, back to the starting point of a geographic route taken covered by the device.
3.3 Information From Other Sources
We obtain information from third party sources, which may include:
- Third party data suppliers from which we purchase demographic data to supplement the data we collect;
- Social networks when you reference our Services or grant permission to the Company to access your data on one or more of these services;
- Partners with which we offer co-branded services, sell or distribute our products, or engage in joint marketing activities; and
- Publicly-available sources such as open government databases or other data in the public domain.
- How We Use Your Information
We process Personal Information and Farm Data through the Company’s global IT systems, which include tools and systems that help us to administer customer accounts, orders and business transactions and share information across Company systems, and with related corporate entities, as described in Section 5.1 below. This includes transferring Personal Information and Farm Data to our servers in the United States (see also Section 7.1 below). Our parent company in the United States, Ever.Ag Corporation, may host these servers or utilize third party servers and applications, but in either case will be responsible for the security access of Personal Information and Farm Data on the systems.
The internet is a global environment and using the internet to collect and process data can involve the transmission of data on an international basis. By browsing our Websites and communicating electronically with us, you acknowledge our processing of data in this way.
We may use and/or disclose the Personal Information and Farm Data we collect for the following purposes:
Provide the Services:
- Establish and administer your customer account, including conducting billing and invoicing, and sending you service messages about your customer account.
- Perform the services described in, as applicable, a User Agreement, License Agreement, Services Agreement or other agreement.
- Authenticate access to your customer account. For example, you may provide us with a username and password to get access to the account.
- Perform maintenance and operations, including management of the network and devices supporting the Services and our systems.
- Provide technical support and assure quality of customer service interactions.
- Facilitate hardware and software upgrades for devices and systems.
- Enable your participation in surveys, sweepstakes, contests, and promotions.
- Enable your participation in community forums.
Communicate with You:
- Respond to your inquiries.
- Personalize communications.
- Send you service-related announcements, such as to notify you when we make changes to subscriber agreements, or to contact you about your account.
Make Improvements to Our Services:
- Identify and develop new products and services.
- Report on activities and trends in certain industries.
- Improve the design of our Services.
- Understand how our Services are used, including by creating measurement and analytics reports.
- We may also collect and use Personal Information when it is necessary for other legitimate purposes, such as to help us conduct our business more effectively and efficiently, for example, for general IT resourcing on a global level and information security/management.
Provide Recommendations and Deliver Relevant Advertising:
- Offer products, programs or services that may be of interest to you, and keep you informed of new happenings at the Company.
- Market our Services.
- Send you promotional communications for the Services and other products and services we think may be of interest to you, including by disclosing contact information to third parties that may want to market products or services to you.
- Deliver more relevant advertising.
Investigate Theft or Other Illegal Activities and Ensure a Secure Online Environment:
- Detect the unauthorized reception, use, or abuse of the Services.
- Protect you and other users from fraudulent, abusive, unlawful use of the Services.
- Protect our rights, our personnel, and our property.
- We also may use your Personal Information where we consider it necessary for complying with applicable laws and regulations, or to exercise or defend the legal rights of the Company’s global group of companies.
- Ownership of Your Personal Information
You retain ownership of all Personal Information and Farm Data that we collect from you. Pursuant to, and as may be modified by, as applicable, the User Agreement, License Agreement, Services Agreement or other agreement between you and us, you grant us a non-exclusive, royalty-free license to access, display, copy, distribute, transmit, publish, disclose and otherwise use your Personal Information, including Farm Data, to fulfill our obligations under the applicable agreement and any other use you may consent to in the applicable agreement. Depending on the applicable agreement between you and us, you may also grant us a non-exclusive, royalty-free license to include your Personal Information, including Farm Data, in our anonymized, aggregated database in which individual information cannot be identified. Your ownership does not include these aggregated databases and the aggregated data is not considered Farm Data.
- Disclosure of Your Personal Information
6.1 Within Ever.Ag
We may transfer information to other Company offices for internal management and administrative purposes or where necessary for the performance or conclusion of our contractual obligations to you or for your benefit. We may combine information from the Services together and with other information we obtain from our business records. Additionally, information collected about you from a particular browser or device may be linked to information collected from another computer or device that we believe relates to you.
Employees, contractors and agents of the Company may be given access to Personal Information and Farm Data which we collect, but their use will be limited to the performance of their duties and the reason for processing. Our employees, contractors and agents who have access to your Personal Information and Farm Data are required to keep that information confidential and are not permitted to use it for any other purposes.
Personal Information and Farm Data may be shared among related entities within the Ever.Ag group of companies, including Ever.Ag Corporation in the United States and its direct and indirect subsidiaries, including Dairy, LLC dba Dairy.com, SilverLink Logistics, LLC, EFC Systems, Inc., Blimling & Associates, Inc., Ever.Ag Risk Management, Ever.Ag Insurance Services, Progressive Software International Inc., Ever.Ag On-Farm Solutions, LLC, Orbis Information Systems Limited, Orbis MES Limited, and Ever.Ag Specialty Crops and Feed Solutions, LLC.
6.2 Sale or Merger of Business
We may transfer Personal Information and Farm Data to another entity or its affiliates or service providers some or all information about you in connection with, or during negotiations of, any merger, acquisition, sale of assets or any line of business, change in ownership control, or financing transaction. We cannot promise that an acquiring party or the merged entity will have the same privacy practices or treat your information the same as described in this Policy.
6.3 Service Providers
We may share your Personal Information and Farm Data to our third party service providers, which are companies that provide business services to us and process information on our behalf. We require the service providers to treat the information we disclose to them, or that they collect on our behalf, as confidential, to use the information only for the purposes for which they have been engaged, and to comply with this Policy at all times. The following is a list of categories of our service providers:
- Subscription management and fulfillment providers.
- Billing and collection providers, such as payment processors and organizations that assist us in assessing your credit and payment status.
- Auditing and accounting firms.
- Professional services consultants, such as firms that assist with providing legal services, or supplying project-based resources and assistance.
- Advertising, marketing, and analytics services, including entities that analyze the information we collect from or about you to communicate with and advertise to you.
- Security vendors, such as entities that assist with security incident verification and response, service notifications, and fraud prevention.
- IT vendors, such as entities that assist with website design, hosting, and maintenance, data and software storage, and network operation.
- Production vendors, such a pre-press printing service providers.
There are limited circumstances in which the service provider collects data directly from you when their privacy policies may also apply.
6.4 Third Parties
We may disclose Personal Information and Farm Data to other third parties outside of the Company. We will obtain your consent prior to sharing your Personal Information and Farm Data with any of the following types of third parties. Once Personal Information and/or Farm Data has been shared outside of the Company’s Services, the Company no longer has any control over how a third party may use your Personal Information or Farm Data. The Company is not responsible to you for what a third party does with your Personal Information and/or Farm Data after you provide your consent to share with that third party.
- Trusted Advisors: You have the option of granting “Trusted Advisors” access to view, edit, delete, upload and download your Farm Data. Trusted Advisors are individuals or companies that you want to access your Farm Data. Examples of Trusted Advisors include agronomists, crop consultants, crop protection representatives, lenders, insurers, your employees, family members, landowners, farmers, livestock owners, and any other individuals or organizations designated by you. Trusted Advisors must obtain a Company account, user ID, login, and agree to our Policy, and, as applicable, the User Agreement, License Agreement, Services Agreement or other agreement between you and us, before they may be granted access to your Farm Data. You may stop sharing your Farm Data with Trusted Advisors by revoking their permission through the Company website. Revoking permissions may not cause Farm Data previously shared to be deleted from other user’s accounts.
- Integrations: With your consent and direction, Company may also provide you with the ability to share your Farm Data with other technology providers through links established through us and such third parties (“Integrations”). We are continually working to provide users with options to transfer and share data among different companies and data platforms. When your Farm Data is transferred or shared with a third party, your use is subject to that third party’s policies and contract terms. Likewise, we may allow you to upload Farm Data directly from outside Integrations. Any uploads from third parties are subject to our policies and contract terms.
- Government: We will not share your Farm Data with government agencies unless you provide your consent and direction. This promise will not prevent us from complying from applicable law, as described in Section 6.5 of this Policy. We will notify you of any government request to obtain your Farm Data.
- Other External Parties: We may disclose Personal Information and Farm Data to individuals or organizations where you give us express permission to do so.
We will not share your Personal Information with any non-affiliated third party for their own marketing purposes, without your consent.
We will disclose information we maintain when required to do so by law, for example, in response to a court order or a subpoena. We also may disclose such information in response to a law enforcement agency’s request. The Company shall have no liability to you for disclosure of Personal Information and Farm Data in response to a subpoena, court order, or other government demand that legally requires Company to respond.
6.6 Aggregate and Analytical Data
In an ongoing effort to better understand and serve the customers of the Services, we often conduct research on our customer demographics, interests and behavior, use of the Services, and other statistics, based on the Personal Information, Farm Data, and other information provided to us. This research may be compiled and analyzed on an aggregate basis, and we may share this aggregated data with our affiliates, agents and business partners. This aggregated information does not identify you or any other individual personally. We may also disclose anonymized, aggregated user statistics in order to describe our Services to current and prospective business partners, and to other third parties for other lawful purposes.
- Third Party Websites
Our Websites may provide links to other third party websites or offerings where data privacy practices may be different to that of the Company. The inclusion of any link does not imply our endorsement of any other company, its websites, or its products and/or services. These linked websites or offerings have separate and independent privacy policies, which we recommend you read carefully. We have no control over such websites or offerings and therefore have no responsibility or liability for the manner in which the organizations that operate such linked websites or offerings may collect, use, disclose, or otherwise treat your Personal Information. If you have any questions about a third party, you should contact the responsible provider directly.
- Cross Border Transfer and GDPR Data Protection Rights
8.1 Transfer of Personal Information
As we operate at a global level, we may need to transfer Personal Information to countries other than the ones in which the information was originally collected. By providing your Personal Information to the Company, you are consenting to this transfer and storage of your information across borders. Each of the related entities within the Ever.Ag group of companies is required to safeguard Personal Information in accordance with its contractual obligations and data protection legislation applicable to its provision of services. When we export your Personal Information to a different country, we will take steps to ensure that such data exports comply with applicable laws. For example, if we transfer Personal Information from the European Union (EU) or the European Economic Area (EEA) to the United States, we will implement an appropriate data export solution such as entering into EU standard contractual clauses with the data importer, or taking other measures to provide an adequate level of data protection under EU law. Your Personal Information will only be transferred if appropriate or suitable safeguards are in place.
8.2 Privacy Rights
If you live in a region that is subject to the General Data Protection Regulation (GDPR), the Company would like to inform you that you have additional data protection rights. You can object to processing of your Personal Information, ask us to restrict processing of your Personal Information or request portability of your Personal Information. You can find more information under our GDPR Privacy Notice for EU/EEA Residents.
- California Privacy Rights: Notice to California Residents
If you are a California resident, the Company would like to inform you that California law provides you with additional data protection rights. To learn more about your California privacy rights, please visit our CCPA Privacy Notice for California Residents.
- Nevada Privacy Rights: Notice to Nevada Residents
Residents of Nevada have the right to opt out of the sale of certain pieces of their “personally identifiable information” to other companies who will sell or license their information to others (includes first and last name, address, email address, phone number, Social Security Number, or an identifier that allows a specific person to be contacted either physically or online). If you are a Nevada resident who has purchased Services from us, you may submit a request to opt out of any potential sales under Nevada law by emailing us at email@example.com.
- Choices About How We Use and Disclose Your Information
We strive to provide you with choices regarding the Personal Information you provide to us. We have created mechanisms to provide you with the following control over your information:
- Disclosure of Your Information for Third-Party Purposes:If you do not want us to share your Personal Information with any third parties, you can opt-out by sending us an e-mail stating your request to firstname.lastname@example.org.
- Location Information:You can choose whether or not to allow the Apps to collect and use real-time information about your device’s location. If you block the use of location information, some parts of the Apps may then be inaccessible or not function properly. You may also prevent our Apps from capturing route travel information by turning our applications off between route stops, and turning our Apps on only when actively dropping off or picking up loads.
- Data Security and Retention
We have implemented measures designed to secure your Personal Information from accidental loss and from unauthorized access, use, alteration and disclosure. We have put in place appropriate technical, physical and administrative procedures to safeguard and secure the information we collect in order to prevent unauthorized access or disclosure. Personal Information will be retained no longer than necessary in relation to the business purposes for which such Personal Information is provided and to comply with statutory and regulatory retention requirements and other legal obligations we may have, such as in connection with litigation. Upon written request, and in a reasonable period of time, we will make available for download all Personal Information collected from you as long as you have an active account with us and no fees are due. In some instances, your Personal Information may not be retrievable in its original format.
We are committed to providing notice of any data breach as may be required by applicable law. The safety and security of your information also depends on you. Where we have given you (or where you have chosen) a password for access to certain parts of our Websites or Apps, you are responsible for keeping these passwords confidential. We ask you not to share your passwords with anyone.
Unfortunately, the transmission of information via the internet is not completely secure. We are not responsible for circumvention of any privacy settings or security measures contained on the Websites or the Apps.
- Contact Information
To ask questions or comment about this Policy and our privacy practices, or if you wish to make a complaint about our data handling practices, contact us at:
4400 State Highway 121, Suite 520
Lewisville, TX 75056
or via our toll-free number:
We will investigate any complaints received in writing and do our best to resolve them with you as soon as possible.
Last modified: October 31, 2023