Welcome to AgriSync’s Privacy Notice. Our primary goal with this Notice is to describe the way AgriSync, AgriSync’s customers, and their customers relate to each other and maintain good privacy practices.
AgriSync exists to enable world class customer experiences at the front lines of field-based sectors such as agriculture, animal health, and construction. This means our solutions are intended for business use or use in connection with an individual’s trade, craft, or profession only.
In many cases, AgriSync will be working behind the scenes and not “out front” in the relationship between a service provider or brand and its customers. We are okay with that, because our solutions are built to improve those relationships without being noticed.
When thinking about our solutions and privacy, there are four categories of participants. We will refer to them throughout this Notice:
- AgriSync is us. We make software solutions, including one that may have led you here. In this Notice, “we”, “us,” “our” or “AgriSync” will refer collectively to AgriSync Inc., a Delaware corporation, located at PO Box 475, Waukee, Iowa 50263. The solutions we provide are collectively called “the Services”.
- Any organization or natural person in an agreement with us to use the paid portions of the Services (including during a free trial) is a “Customer.” Any Customer who is a natural person is also automatically a User and an AgriSync Contact.
- Any natural person who interacts with the Services because a Customer has put the Services to work in their business is a “User.” A User’s connection to us and the Services is through a Customer only and, as a result, is indirect. And so, anyone who interacts with the Services but is not a Customer is a User.
- An “AgriSync Contact” is a natural person in a direct relationship with us through, for example, our help and support channels, our websites, or communication directly from us. A Customer is automatically an AgriSync Contact. A User may be – but is not automatically – an AgriSync Contact. For Users, their status as an AgriSync Contact applies only to the direct interactions between them and us. In all other ways, a User continues to be only a User. This distinction is important because it determines our and Customers’ privacy responsibilities and roles with respect to Users and Users’ data and information.
Notices Specifically for Users.
Users’ electronic data and information may be submitted to the Services in a number of ways:
- When a User interacts with a Customer or other Users through the Services
- When a Customer uses the Services
- Through integrations between the Services and non-AgriSync applications if a Customer has asked AgriSync to enable those integrations. Example integrations may include WhatsApp for Business, Salesforce and other CRM systems, and unique business systems the Customer uses in its business to deliver goods or services to Users.
When User data and information enters the Services in these ways, three important things are happening:
- AgriSync considers the data and information to be personal data to the same extent as applicable data protection laws and regulations;
- AgriSync is the processor and Customer is the controller for purposes of data protection laws and regulations; and
- AgriSync processes and uses the data and information according to Customer’s documented instructions and conditioned on Customer’s explicit promise to AgriSync that the User has consented and given permission under applicable data protection laws and regulations.
Example behaviors or interactions between Users and Customers that may cause Users’ personal data to be submitted to the Services include: text messages, live video conversations, live voice conversations over VOIP and traditional telecommunications infrastructures, SMS and in-app notifications, sending MMS images, sending and receiving email messages, leaving voicemails, and Customers adding User information to the Services to enable Customer to effectively use the Services.
How AgriSync processes and uses User data and information
We process and use User data and information only as instructed by AgriSync Customers, including for purposes of providing the Services to AgriSync Customers and to carry out necessary functions of our business as a customer support platform provider.
AgriSync may, as allowed by law, anonymize User data and information so that it can no longer identify the User and then use it for AgriSync’s legitimate business needs.
Otherwise, except as noted above and in the Sharing Data and Information with Third Parties section in this Notice, AgriSync never shares User data and information with anyone.
How a User exercises their rights under data protection laws and regulations.
If a User wishes to exercise any of its rights under applicable data protection laws and regulations or the agreements it has in place with the Customer, the User should contact the Customer directly with the appropriate communication in that regard. Once relayed to AgriSync by the Customer, we promptly accommodate any Customer’s instructions with respect to any User’s data and information.
If you are an AgriSync Contact and wish to exercise your rights under data protection laws and regulations, see the next section of this Notice.
Notices Specifically for AgriSync Contacts who are Natural Persons.
AgriSync may collect data and information from AgriSync Contacts who are natural persons during their interactions with us both inside and outside the Services whenever the AgriSync Contact does one of the following:
- Visits our public-facing websites like www.agrisync.com
- Signs up for an event or to receive a newsletter or other content like a whitepaper
- Interacts with our customer success, customer support or sales teams, whether inside or outside the Services
- Registers to use our mobile or web-based applications, whether for free or as a Customer
In those cases, two important things are happening:
- AgriSync considers the collected data and information to be personal data to the same extent as applicable data protection laws and regulations; and
- AgriSync is both the controller and the processor of that data for purposes of those data protection laws and regulations.
How AgriSync collects, processes and uses data and information from AgriSync Contacts.
Broadly speaking, we collect, process and use AgriSync Contacts’ data and information to further our legitimate interests to:
- understand who our Customers and potential customers are and their interests in AgriSync’s products and services,
- manage our relationships with AgriSync Contacts,
- carry out core business operations such as accounting, filing taxes, and fulfilling regulatory obligations, and
- help detect, prevent, or investigate security incidents, fraud and other abuse and/or misuse of our Services.
We might collect the following categories of personal information from AgriSync Contacts, and for the following reasons:
- We collect identifiers, like names and contact information, when AgriSync Contacts register to use our Services in order to allow them to use our Services, verify their identity, and communicate with them.
- We collect commercial information as we keep track of the Services that AgriSync Contacts who are Customers purchase from us and our communications history about those Services.
- We collect financial information, such as Customer payment information, when Customers pay for our Services.
- We collect internet and other electronic activity information, such as communications metadata, as AgriSync Contacts interact with our website or use our Services. This metadata may be information about how an AgriSync Contact interacts with our websites and the information on them and what features are used in our Services.
- We collect geolocation information when AgriSync Contacts use our Services. This could be location based on an IP address, on the cell tower to which a mobile device is connected, or on Wi-Fi triangulation.
- We may collect professional or employment information, such as an AgriSync Contact’s company or employer or their role at their company.
More detail is set out below, organized around the most common contexts where there is a direct relationship between AgriSync and AgriSync Contacts. When used in these contexts, “you” means the AgriSync Contact.
Interacting with our websites and webpages
Information You Share Directly with Us: In some places on our public-facing websites, you can fill out web forms to ask to be contacted by our team, sign up for a newsletter, register for an event, or take a survey. The specific personal information requested on these forms will vary based on the purpose of the form. We will ask you for information necessary for us to provide you with what you request through the form (for example, we will ask you for your email address if you want to sign up for an email newsletter and for your phone number if you want a member of our team to call you). We may also ask you for additional information to help us understand you better as an existing or potential Customer like your AgriSync use case, your company name, or your role at your company. If you sign up to receive ongoing marketing communications from us, like a newsletter, you can always choose to opt out of further communications through a link from any marketing email you receive from us. You can also contact our team to communicate your choice to opt out.
Information We Collect Automatically: When you visit our websites, including our web forms, we automatically collect certain information using tracking technologies like cookies, web beacons, and similar technologies. We use this information to understand how visitors to our websites are using them and which pages and features of the websites are most popular. This helps us understand how we can improve our websites and track performance of our marketing efforts. In addition, we use tracking technologies to help improve the navigation experience on our websites and in our applications. We do not sell this information to third parties, though.
Interacting with our team
Information We Collect When You Interact with Our Team: You may share personal information, like your contact information, with a member of our Sales or Customer Support Team when you communicate with them. We keep a record of this interaction, and that record may including your contact details and other information you share during the course of the communication. We store this information to help us keep track of the inquiries we receive from you so we can improve our Services and provide training to team members. This information also helps our teams manage our ongoing relationships with AgriSync Contacts. Because we store a record of these communications, please be thoughtful about what information you share with our Sales and Customer Support Teams. While we will take appropriate measures to protect any sensitive information you share with us, it is best to avoid sharing any personal or other sensitive information in these communications not necessary for these teams to assist you.
Registering for and using an account
Information You Share Directly: When you sign up for an account with us, you’ll be asked to give us your name, your mobile phone number, your company name, and, in some cases, your email address and to create a password. We collect this information in order to authenticate your access to the Services, so we know who you are, we can communicate with you about the performance and status of our Services, about your account, to enable billing and payment processes, and so we can recognize you when you communicate with us.
We may also use your mobile phone number and email address to send you information about other AgriSync products, services or events in which we think you may be interested. You can opt out of further marketing communications through your marketing preferences page linked from any marketing email you receive from AgriSync. Or, you can contact our team to communicate your choice to opt-out.
If you are paying electronically, we may use a secure third party payment system and, if we do, our payment processor may ask you to provide our payment processor with your payment method information like a credit card. Our payment processor, acting on our behalf, gathers this so we can bill you for your use of our products and services. Our payment processor will share your billing address with us, and we may use that address for tax calculation and audit purposes.
For some aspects of our Services, we may also obtain a physical address from you that includes a proof of address, name, dealer number or other identification information. For example, to get a phone number in certain countries, local law may require us to have a physical service address on file for the individual who will be using that number and/or proof of identity and physical service address. We may have to share that information with local telecommunications carriers that provide local connectivity services or with local government authorities. We may also use this physical service address for tax purposes.
Similarly, for some aspects of our Services, you may have to complete an application form providing details about your company and your intended use of the Services, like when you are interested in getting a short code or a WhatsApp for Business account. We’ll use this information for the purpose for which it was gathered from you. We may also use it in connection with improving our own internal processes and services or training our team members.
Information We Generate or Collect Automatically: When you have an account with AgriSync and you use our web or mobile applications, we collect your IP address and other data through tracking technologies like cookies, web beacons, and similar technologies. We use this information to understand how customers are using our platform, who those customers are (if they are a company and the IP address is associated with that company), what country they are logging in from (for analytics and export control purposes), and to help improve the navigation experience. We will also use that information, and share it with our service providers, as needed for our operational purposes — such as to do things to function as a business and provide our services to you.
How long we store AgriSync Contacts’ data and information.
AgriSync will store an AgriSync Contact’s data and information in a form that can be used to identify an AgriSync Contact as long as needed to provide our Services and to operate our business.
Data and information in our customer success, customer support and sales system(s) is stored up to 5 years following closure of a Customer’s account or 10 years from the date the data and information first came into AgriSync’s possession, whichever is later.
Invoice records, including their digital equivalent, may be retained in identifying form by AgriSync for longer periods for accounting, tax, and audit purposes depending on and in accordance with applicable law.
Where we collect physical address or identity information in connection with providing our Services, we will retain that data and information as needed for legal, security and anti-fraud purposes and depending on and in accordance with applicable local law.
If an AgriSync Contact asks AgriSync (or if a Customer relays a User’s request to AgriSync) to delete specific personal information, we will honor the request within 30 days unless deleting that information prevents us from carrying out necessary business functions, like billing for our services, calculating taxes, or conducting required audits.
How an AgriSync Contact exercises their rights under data protection laws and regulations.
If an AgriSync Contact wishes to exercise any of its rights under applicable data protection laws and regulations or the agreements it has in place with AgriSync, that request can be made by contact us at firstname.lastname@example.org. We will act on any proper request within 30 days of receipt.
If the request relates to opting out of certain marketing communication from AgriSync, most requests can be made by following the instructions (such as unsubscribe procedures) contained in the communication itself.
California Consumer Access and Deletion Rights
For those customers that would like more information about our use of AgriSync Contacts’ data and information, you have the ability to request:
- that we provide details about the categories of personal information that we collect about you, including how we collect and share it;
- that we provide you access to the personal information we collect about you; and
- that we delete the personal information we have about you.
Please be aware that when you ask us for these things, we will take steps to verify that you are authorized to make the request.
Please keep in mind that when you ask us for your personal information, or you ask us to delete your personal information, we may need to withhold or retain some of that personal information for security, legal, or anti-fraud reasons.
Also, we do need some of the data and information we have to maintain Customer accounts. If you ask us to delete that information, we may not be able to continue providing you our Services. This also means that we won’t be able to provide access to or delete information about AgriSync Contacts who are the point of contact for Customers that use our Services. If you would like to request access or deletion, you may contact our Support team or email email@example.com.
Sharing Data and Information with Third Parties
Below are the other scenarios under which we may share User data and information with third parties:
Telephony operators as necessary for proper routing and connectivity. Some of the Services’ features make use of the publicly switched telephone network (PSTN) to send communications. Therefore, communications-related data is shared with and received from telephony operators as necessary to route and connect those communications from the sender to the intended recipient. How those telephony operators handle this data is generally determined by those operators’ own policies and local regulations.
Other communications service providers for proper routing and connectivity. AgriSync also enables sending or receiving communications through communications service providers that do not use the PSTN, such as WhatsApp (referred to as Over-the-Top (OTT) communications service providers). If you choose to use AgriSync to send or receive communications by way of these providers, AgriSync will share communications data with these providers as necessary to route and connect those communications from the sender to the intended recipient. How those OTT communications service providers handle this data is determined by their own policies.
Third-party service providers or consultants. AgriSync engages certain third-party service providers to carry out certain data processing functions required or permitted by our Customers. These providers are limited to only accessing or using this data to provide services to us and must provide reasonable assurances they will appropriately safeguard the data.
Sub-processors. We may share User data and information with sub-processors who assist in providing the AgriSync Services, like our infrastructure providers, or as necessary to provide optional functionality like transcriptions. An up-to-date list of AgriSync’s sub-processors is available upon request.
Integrated systems. AgriSync Customers sometimes require the Services to interoperate or integrate with certain non-AgriSync systems. Where we enable that interoperability, certain User data and information may be accessed or transmitted to and from the non-AgriSync systems. AgriSync does not control the non-AgriSync systems’ use of User data and information, and their use of such data and information will be in accordance with their own policies. If a User does not want their data and information to be shared by an AgriSync Customer through the Services to a non-AgriSync system, then you should contact the Customer to opt out of that integration.
Compliance with legal obligations. We may disclose AgriSync Contacts’ and Users’ personal information to a third party if (i) we reasonably believe that disclosure is compelled by applicable law, regulation, legal process, or a government request (including to meet national security, emergency services, or law enforcement requirements), (ii) to enforce our agreements and policies, (iii) to protect the security or integrity of our Services, (iv) to protect ourselves, our Customers, or the public from harm or illegal activities, or (v) to respond to an emergency which we believe in good faith requires us to disclose data to assist in preventing a death or serious bodily injury. If AgriSync is required by law to disclose any personal information, we will notify the involved AgriSync Contacts and Users of the disclosure requirement, unless prohibited by law. Further, we object to requests we do not believe were issued properly.
Business transfers. If we go through a corporate sale, merger, reorganization, dissolution or similar event, data we gather from Users and AgriSync Contacts may be part of the assets transferred or shared in connection with the due diligence for any such transaction. In that situation, and that situation only, we might transfer your data in a way that constitutes a sale under applicable law. If we do, we’ll let you know ahead of time, and any acquirer or successor of AgriSync may continue to process data consistent with this Notice.
Aggregated or de-identified data. We might also share data with third parties if the data has been de-identified or aggregated in a way so it cannot be used to identify a User or an AgriSync Contact.
Transfers of Personal Information Out of the EEA and Switzerland
When Users access our Services, their personal information processed by AgriSync on behalf of a Customer may be transferred to the United States, where our primary processing facilities are located, and possibly to other countries where we or our sub-processors service providers operate. These transfers will often be made in connection with routing communications in the most efficient way.
Where cross-border data transfers occur, we rely on the European Union Model Clauses, also known as Standard Contractual Clauses as a safeguard to transfer personal information outside the EEA and Switzerland. For more information about our cross-border data transfer mechanisms, please see our Data Protection Addendum. We provide this DPA by default, as an additional layer of protection for all our Customers.
Handling Disputes Relating to our Data Protection Practices
We hope we can resolve any disputes relating to our data protection practices between us. You can raise your concern or dispute by emailing our Privacy Team at firstname.lastname@example.org or by writing to us at:
AgriSync, Inc., PO Box 475, Waukee, IA 50263
For individuals in the EEA, you have additional rights to make a complaint to a competent data protection authority or commence proceedings in a court of competent jurisdiction in accordance with applicable data protection laws.
If you have a dispute with us relating to our data protection practices, please contact us by email at email@example.com.
If we can’t resolve the dispute through those channels and you are not in the EEA or Switzerland, please see Section 13 (Dispute Resolution) of our Terms of Service, which describes how disputes will be resolved between us. As described in that section, JAMS (https://www.jamsadr.com/) will conduct the dispute resolution proceedings. Please be sure to review our Terms of Service, including Section 13, before you use any of our Services.
For those in the EEA or Switzerland, if you have a dispute with us relating to our data protection practices or are not satisfied with how we’ve addressed your concerns or questions, you may complain to an independent dispute resolution provider, at no cost to you. If you are a resident of the EEA, you also have the right to lodge a complaint with your local data protection authority.
Information from Children
We do not knowingly permit children under the age of 18 to sign up for an AgriSync account. If we discover someone who is underage has signed up for an account, we will take reasonable steps to promptly remove that person’s personal information from our records. If you believe a person who is underage has signed up for an AgriSync account, please contact us at firstname.lastname@example.org.
Changes to Our Privacy Notice
We may change our Privacy Notice from time to time. If we make changes, we’ll revise the “Last Updated” date at the bottom of this notice, and we may provide additional notice such as on our website homepage, account sign-in page, via our mobile or web applications, or via the email address we have on file for you. We will comply with applicable law with respect to any changes we make to this notice and seek your consent to any material changes if this is required by applicable law.
Last Updated: June 2, 2021