Last updated July 29, 2020
The term “you” and “your” as used in this Policy, means any person or entity who accesses or uses the Services and any person or entity who creates an account for use of the Services and accepts our general Terms of Service and this Policy, including any individuals that you authorize to access or use the Services, including your independent contractors or employees (“Authorized Users”). Where the term “you” or “your” is used in this Policy, it shall include any Authorized User, regardless of whether “Authorized User” is specifically stated.
PLEASE READ THIS POLICY CAREFULLY. BY USING THE SERVICES RELATED TO THE PRODUCTS AND USING, ACCESSING OR DOWNLOADING ANY OF OUR SERVICES, AND PROVIDING ANY PERSONALLY IDENTIFIABLE INFORMATION (AS DEFINED BELOW IN SECTION 1(A)) TO US, YOU ACCEPT AND AGREE TO THE PRACTICES AND TREATMENT OF ANY PERSONALLY IDENTIFIABLE INFORMATION AS DESCRIBED IN THIS POLICY, ON BEHALF OF YOURSELF AND ALL PERSONS AND BUSINESSES FOR WHOM YOU ARE REPRESENTING.
This Policy describes how Provivi collects and uses personal and other information through our Service(s) that you are using. This Policy is incorporated by reference into and is subject to any applicable terms governing the Service(s), including our general Terms of Service. By using the Services, you accept and abide by this additional Policy for information you provide directly to Provivi through our Services or indirectly to our agents in connection with your use of the Products and Services.
In addition, for users in Mexico, please see here for information regarding Provivi’s privacy practices required under Mexico’s Mexican Personal Data Protection Law (Ley Federal de Protección de Datos Personales en Posesión de los Particulares).
We may, in our sole discretion, amend our Policy from time to time, including to disclose additional uses of your information. If you object to any such amendment, you can exercise the rights listed in Section 7 or cease using the Services.
If you have any questions or concerns about our Policy, please contact us by the means included in Section 11 below.
1. Information Collected by Us
User-Provided Information. When using our Services, you may provide the following types of information, which may be provided directly by you or your devices to Provivi through our Services, or collected by you or our representatives or our business associates (such as joint-venture partners or distributors, for example) for use in connection with our Products and Services:
“Non-Personally Identifiable Information” is information (a) that is Usage Data (as explained below); (b) related to the use of our Services or Products in your fields (whether owned, managed or used by you), including information about crops, insects, traps, plant data, trials and the fields themselves (including geospatial coordinates of fields); or (c) by which someone could not personally identify you. Your username will also be considered Non-Personally Identifiable Information.
“Personally Identifiable Information” is information by which someone could personally identify you, such as your name and surname, home address, email address, phone or mobile number or other contact information.
“Support Data” is certain support data that we may collect when you submit a support request, including information about your hardware, software and other information related to your support requirements. We will use this Support Data to resolve your support incident.
“Usage Data” is data we may automatically collect when you use the Services, including data regarding your mobile devices, sensor data, device signals, device parameters, device identifiers that may uniquely identify your devices, web requests, Internet Protocol addresses, browser type, browser language, referring/exit pages and URLs, platform type, the date and time of your requests, and one or more cookies that may uniquely identify your devices or browser. You may be able to access your location in a map with your own GPS through the Services, but we will not track and store your location.
“Payment Data” is certain payment data you provide when you make an online purchase through our Services. This may include your name, billing address, shipping address, payment instrument number (e.g., credit card), and the security code associated with such instrument. We will only use an encrypted version of your Payment Data to complete your transaction and send you notices about your transactions. Where necessary, we will share your Payment Data with banks and other third-party financial institutions to process your payment transactions, or for fraud prevention.
By agreeing to this Policy, you certify that you are over 18 or the equivalent minimum age in the jurisdiction where you reside or access or use the Services. Further, you certify that you will only provide to us information about you or related to the Services that you are legally entitled to provide. We reserve the right to remove any information we have reason to believe you are not entitled to provide to us or that is subject to a request under Section 7 or a concern raised through the communication means specified in Section 11. That removal could lead to the termination of the Services, as further specified in Section 7.
2. The Way We Use Information
In general, we use the information we collect related to the Services as follows:
Providing the Services. We may use your Personally Identifiable Information, Non-Personally Identifiable Information, Support Data, Payment Data and Usage Data (together, “User Information”) to operate, maintain and provide the features and functionality of any Service or Product and for related business purposes. In certain circumstances, we may also share your User Information with certain of our business associates (such as joint-venture partners or distributors, for example) in connection with your use of the Services or purchase of Products and in accordance with the terms of this Policy.
Communicating with You. We may use your email address or other Personally Identifiable Information to send you information (including over email or SMS) that we believe is relevant to you, including information about our Products and Services, promotions, industry information and surveys. We may do this directly or by hiring a provider for that service that contacts you on our behalf. Please refer to Section 7 of the Policy for more information on how to opt out of those emails or SMS messages.
Other Business Uses. We also may use your User Information to (1) conduct different types of analysis related to our Products and Services, including their efficiency or performance under different conditions, the quantities of Product you use, potential areas of improvement for our Products or Services or new or other Products or Services we think may be of interest to you, based on your needs, as well as uses and results you report; (2) understand how users use our Products and Services on an aggregate and individualized basis, to improve the quality and design of our Products or Services, and to create new features, promotions, functionality and services by storing, tracking and analyzing user data and trends; (3) remember information so that you will not have to re-enter it during your visit or the next time you use our Services; (4) provide you with custom, personalized content and information and additional Products and Services recommendations; (5) monitor and analyze aggregate metrics; (6) track your use of our Services; (7) provide customized data analysis; (8) facilitate the provision of the updates to any Services; (9) verify compliance with this Policy; and (10) perform other lawful businesses and commercial activities. In the event that we want to use or transfer your User Information for purposes different from those stated herein, we will request again your prior informed consent.
3. How We May Disclose Information
We may disclose the information we collect related to the Services as follows:
Aggregate or Anonymized Data. We may share your Non-Personally Identifiable Information with third parties, including (1) in the form of results of analysis we conduct, (2) to our customers or potential customers in connection with the Services they use or have an interest in using or (3) with certain third parties for marketing, research, or other purposes. In each of these cases, your data will be aggregated, anonymized or encrypted so to not reveal your identity or any of your Personally Identifiable Information. Other than in accordance with this Policy, we will not share any Personally Identifiable Information we have collected from you with third parties without your prior consent.
Business Transfers. If we are acquired by or merge with another company, or if substantially all of the assets of one of our businesses are transferred to another company, we may transfer the information we have collected from you to such other company.
Third-Party Service Providers. We may disclose or provide access to certain User Information to third party vendors, service providers, contractors or agents who perform functions on our behalf (e.g., to service providers that host our Services or help provide a better experience with our Products and Services, including weather forecasting and mapping information). These third-party vendors, service providers, contractors or agents perform technical operations such as data storage and hosting services, transaction processing, making available weather information based on your location or the location of your fields and certain mapping services based on your location or the location of your fields that are made available to you through the Services. These third parties may access, process or store Personally Identifiable Information in the course of providing these services, and some of those providers may access your location to be able to provide more accurate information. We also may exchange certain User Information with our business associates in connection with your purchase of our Products from such associates in order to support your use of the Products and Services.
Other Disclosures. We may also disclose User Information (1) if required to do so by law, or in the good-faith belief that such action is in compliance with state and federal laws (including, without limitation, copyright laws) or in response to a court order, subpoena, legal process, search warrant or request by a public authority, including to meet national security or law enforcement requirements; (2) if we believe, in good faith, such action is appropriate or necessary to enforce our Terms of Service or any terms applicable to specific Services, exercise our legal rights, take precautions against liability, to investigate and defend ourselves against any claims or allegations, to assist government enforcement agencies, to protect the security or integrity of our Services, and to protect the rights, property, or personal safety of us, our users or others; (3) to any parent company, affiliated entity, or other entity controlled by, controlling, or under common control with, us (in which case, we will require such entities to honor this Policy); or (4) as otherwise described herein.
4. Cookies and Other Tracking Technology
Cookies. Cookies are alphanumeric identifiers that are transferred to your device’s storage through your browser for record-keeping purposes. Some cookies allow us to make it easier for you to navigate our Services, while others are used to enable a faster log-in process or to allow us to track your activities while using our Services. Most web browsers automatically accept cookies, but if you prefer, you can edit your browser options to block them. The “Help” portion of the toolbar on most browsers will tell you how to prevent your computer from accepting new cookies, how to have the browser notify you when you receive a new cookie, or how to disable or delete cookies altogether. Some features of the Services may not function with cookies disabled.
5. Data Security
We treat Personally Identifiable Information and Payment Data as Confidential Information, which means we have implemented commercially reasonable protocols and procedures to (1) protect it against loss or alteration; (2) store it securely in databases of systems with controlled and restricted access, and (3) restrict access to such Personally Identifiable Information and Payment Data.
In addition to the uses of your User Information set forth in Section 3, we grant access to Personally Identifiable Information only to those of our employees, contractors and affiliated organizations that (i) need to know that information in order to process it on our behalf or to provide the Services, and (ii) have agreed not to disclose it to others. When possible, we provide that information anonymized or aggregated. Be aware that our employees, contractors and affiliated organizations may be located outside of your home country; by using the Services, you consent to the transfer of such information to them. Other than set forth in Section 3, Provivi will not rent or sell your Personally Identifiable Information to anyone.
WE BELIEVE THAT WE HAVE IMPLEMENTED COMMERCIALLY REASONABLE PRECAUTIONS TO PROTECT THE USER INFORMATION FROM LOSS, MISUSE, AND UNAUTHORIZED ACCESS, DISCLOSURE, ALTERATION AND DESTRUCTION. PLEASE BE AWARE THAT DESPITE OUR EFFORTS, NO DATA SECURITY MEASURES CAN GUARANTEE 100% SECURITY. YOU SHOULD TAKE STEPS TO PROTECT AGAINST UNAUTHORIZED ACCESS TO YOUR ACCOUNT AND THE INFORMATION ACCESSIBLE VIA YOUR ACCOUNT BY, AMONGST OTHER THINGS, SIGNING OFF AFTER USING A SHARED COMPUTER, CHOOSING A ROBUST PASSWORD THAT NOBODY ELSE KNOWS OR CAN EASILY GUESS, AND KEEPING YOUR LOG-IN AND PASSWORD PRIVATE. WE ARE NOT RESPONSIBLE FOR ANY LOST, STOLEN OR COMPROMISED PASSWORDS OR FOR ANY ACTIVITY ON YOUR ACCOUNT VIA UNAUTHORIZED PASSWORD ACTIVITY. PROVIVI DOES NOT HAVE ACCESS TO PASSWORD INFORMATION.
6. Data Retention
We will retain and store your Personally Identifiable Information and Payment Data in accordance with the period we are entitled to do so under applicable law. Non-Personally Identifiable Information, Support Data and Usage Data may be maintained indefinitely in aggregate or anonymized form.
7. Right to Access, Amend and Delete your Personally Identifiable Information
You have the right to access your Personally Identifiable Information we hold, request its correction, amendment, or deletion or request we limit the uses of all or part of your Personally Identifiable Information. You may also object to any additional use of your Personally Identifiable Information as incorporated in any update of this Policy as per Section 10. If you have questions about your Personally Identifiable Information, you can contact Provivi as described in Section 11.
As long as we can verify you are entitled to request access to your Personally Identifiable Information, we will provide the information we have through electronic means through our Services.
We reserve the right to terminate or limit your Services, at our sole discretion, in connection with certain requests by you to delete or amend your Personally Identifiable Information or limit the use we make of such information, as we may need such information to provide the Services to you. We may also retain an archived copy of your records as required by law or for other legitimate business purposes.
In the event you want to unsubscribe from the emails we may send from time to time to you in relation to notifications related to the Services (other than certain required notifications regarding this Policy, our Terms of Service or other policies), you may do so by clicking on the link to unsubscribe or by contacting us at the email indicated in Section 11. You may also opt out of communications over SMS by following the instructions on how to opt-out of our SMS messages contained in our SMS communications or by contacting us at the email indicated in Section 11. Unsubscribing from emails or SMS messages does not result in cancellation nor deletion of your account or Personally Identifiable Information.
8. International Transfer of Data
Most of our Services are hosted in the United States of America. Therefore, User Information may be transferred to, processed in, and held in countries other than the one in which you reside (including the United States of America). If you are located in a country outside the United States of America and submit User Information to us, you thereby consent to the general use of such information as provided in this Policy and to the transfer of that User Information to, or storage of that information in, the United States of America or other locations in which information is stored. Regardless of the countries where the User Information is transferred to, processed in, and held, Provivi will honor its commitment to you in relation to the use, transfer and storage of the User Information we collected from you in accordance with the terms of this Policy.
We do not knowingly collect Personally Identifiable Information from anyone whose age is below eighteen years of age (if you reside in the United States of America) or the equivalent minimum age to provide consent in the place where you reside or access or use the Services (any such person, a “minor”). No part of our Services is directed to minors. If we learn that Personally Identifiable Information of minors has been collected on or through our Services, then we will take the appropriate steps to delete this information from our systems. If you are a parent or guardian and discover that a minor has provided Personally Identifiable Information to us, then you may alert us at firstname.lastname@example.org, Attention: Customer Support, and request that we delete your minor’s Personally Identifiable Information from our systems.
10. Changes and Updates to this Policy
THIS POLICY MAY BE REVISED PERIODICALLY. IF WE MAKE ANY CHANGE TO THE WAY IN WHICH WE TREAT YOUR PERSONALLY IDENTIFIABLE INFORMATION, WE MAY INFORM YOU OF SUCH CHANGE VIA EMAIL OR BY POSTING A NOTICE IN THIS POLICY OR THROUGH OUR SERVICES, DEPENDING UPON THE SIGNIFICANCE OF THE CHANGE. YOUR CONTINUED ACCESS OR USE OF OUR SERVICES AFTER ANY CHANGES BECOME EFFECTIVE CONSTITUTES YOUR CONSENT TO, AND AGREEMENT TO BE BOUND BY, THE REVISED POLICY IN RELATION TO THE USER INFORMATION RECEIVED FROM YOU OR YOUR DEVICES. ANY REVISIONS TO THIS POLICY WILL BE EFFECTIVE AS OF THE DATE INDICATED ABOVE.
11. Questions, Disputes and Contact Information
If you wish to access, modify, delete, request we limit the uses of, or have any concern regarding your Personally Identifiable Information or if you have questions regarding your User Information, please first contact us with any questions or comments by any of the methods below:
ATTN: Customer Support
1701 Colorado Ave
Santa Monica, CA 90404, USA
By email: email@example.com
By telephone (U.S. only): (877) 690-0110
If you have an unresolved privacy or data use concerns that we have not addressed satisfactorily, you may seek resolution through arbitration or other means in accordance with our Terms of Service.