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Privacy and Data Policy Overview
Effective Date: February 1st, 2014
This is only a summary of our Privacy and Data Policy. For more information you can review a complete version of our Privacy and Data Policy located on our website at www.ag-power.com or by requesting a copy at your local Ag-Power retail location.
This Privacy and Data Policy Overview provides a description of the privacy and data use practices of Ag-Power Inc. ("us", "we" or "our") in connection with our receipt, collection and use of data and information from you as our customer, visitor, or user, as applicable. The policy may be changed or updated from time to time. If there is any conflict between this Overview and our full Privacy and Data Policy, the terms of our full Privacy and Data Policy will control.
COLLECTION OF DATA:
The types of information we collect and share depend on the products or services you purchase, license or access from us or third parties through which you have authorized us to receive information (such as through John Deere's JD LinkTM Telematics system or Trimble's "Connected Farm" system). We generally receive, collect, use and share both Customer Data (including social security numbers, names, addresses, phone numbers, and other personal information) and Machine Data (information related to the performance, use, and location of equipment or computers with various information collection devices) as described in this Policy (collectively "Data"). You agree to notify all personnel that use any tracked equipment that their use and location is remotely monitored. If you need to update or change any information which you previously provided to us then you may contact us at TXAGPOWER_HR@ag-power.com or 800-593-3373.].
PROTECTION OF DATA:
We strive to protect your Data using commercially reasonable standards. We use a variety of commercially reasonable security technologies to help protect your Data from unauthorized access, use, or disclosure. However, the use of such standards and security technologies is not, and should not be considered to be, any type of guarantee or warranty by us that your Data will not be accessed by third parties.
SHARING AND USE OF DATA:
We use your Data to provide products, services, and information to you. Some of the services are designed to allow faster communications and responsiveness between you and us to ensure that we provide services to you as efficiently as possible. We may also review equipment diagnostic information remotely to diagnose and recommend equipment maintenance and repairs. We share your information with certain third parties in order to better serve you or upon your request or approval. These third parties may include equipment suppliers, financing institutions or other third-party service providers who assist us in providing the products and services you request or their respective subsidiaries or affiliates. We also may share your information with our marketing, technical, accounting, legal or other professionals to assist us in our business operations. If you purchase products for personal, family, or household use through financing that is provided by us or facilitated by us, you may request that we not share your personal information derived from that transaction with unaffiliated third parties by returning the opt-out form at the bottom of our Privacy and Data Use Policy.
If you have any additional questions, please contact us at TXAGPOWER_HR@ag-power.com Human Resources Department or 800-593-3373.
Privacy and Data Policy
Effective Date: February 1st, 2014
THE FOLLOWING PRIVACY AND DATA POLICY ("POLICY") DISCLOSES THE PRIVACY AND DATA USE PRACTICES OF AG-POWER INC. ("US," "WE," OR "OUR") FOR ALL DATA OR INFORMATION WHICH WE RECEIVE FROM YOU, EITHER DIRECTLY OR THROUGH A THIRD PARTY, INCLUDING, WITHOUT LIMITATION, IN PERSON OR BY PHONE AT OUR RETAIL LOCATIONS OR THROUGH WEBSITES, APPLICATIONS, EQUIPMENT, DEVICES OR THE PROVISION OF PRODUCTS OR SERVICES TO YOU. WE CREATED THIS POLICY TO COMMUNICATE OUR PRIVACY AND DATA POLICIES TO EACH OF OUR CUSTOMERS (COLLECTIVELY A "CUSTOMER," "YOU" OR "YOUR") WITH RESPECT TO YOUR INFORMATION.
1. What and How Information is Collected
We collect and share both your Customer Data and Machine Data (collectively "Data") as described in this Policy.
a. Customer Data. To purchase, access, receive, download, upload or use goods or services from us, you may be required to create an account with us, John Deere or another equipment supplier and/or provide various information, which may include personally identifying information (collectively, "Customer Data"). Personally identifying information is information that can be used to identify, locate or contact you. If you have a user account with us or John Deere then you are responsible for maintaining the confidentiality of your user name and password and all uses of your account and password. You agree to immediately notify us of any unauthorized use of your account. If a Customer directly or indirectly communicates with us by e-mail, posts or uploads content or information to a website or application to which we are provided access or otherwise completes online forms, any information provided in such communication will also be collected by us as Customer Data (or Machine Data, as applicable). Data may be collected by us directly from you or your equipment or it may be delivered to us by third parties if you authorize such access to be provided by the third party (such as through the JD LinkTM Telematics system for John Deere Equipment). By providing Customer Data directly to us or granting us access to Customer Data from a third party, you grant us a royalty-free, non-exclusive, perpetual license to use such Customer Data in accordance with this Policy.
Customer Data may consist of the following types of information:
Personal Data. Personal Data includes your name, user name, mailing address, e-mail address, phone number, zip code, social security number and similar personal information. We use Personal Data to send Customers e-mail, written or other forms of communications regarding:
Goods or services requested or purchased by Customers;
Promotional or informational materials about our company, affiliates and/or third parties with whom we conduct business and the related goods and services provided by such businesses;
Machine-specific information to participating Customers; and
Updates, advertisements, offers, and announcements relating to the goods and services of our company, affiliates and/or third parties with whom we conduct business.
You consent to receive communications from us electronically, but have the ability to opt-out of receiving future e-mails of the type described in (ii)-(iv) by contacting us at the following email address TXAGPOWER_HR@ag-power.com or changing your account preferences, if applicable. Notwithstanding anything to the contrary in this Policy, we may communicate with each Customer by e-mail if such e-mail communication is sent for the purpose of protecting the interests of Customer, including any Customer Data, property or other data, or to provide Customer with any notification or disclosure that may be required under applicable law or our Policy. Accordingly, as a Customer, you agree that all communications, disclosures, and notices sent to you by e-mail satisfy any requirement that notice be provided in writing.
Transaction and Demographic Data. We collect transaction information about your purchases, inquiries and customer accounts to fulfill orders or for our general business needs, including maintenance and warranty services. We also may collect general demographic or preference data regarding your interests, goals or needs to understand who you are and what products and services may interest you or meet your needs.
Financial Data. We may collect financial information from you to complete purchases of goods or services, such as credit card information or your billing address. If you purchase products for personal, family, or household use through financing that is provided by us or facilitated by us, then you have the right to request that we not share any of your personal information derived from that transaction with unaffiliated third parties outside of the requirements to complete your requested transaction by submitting the opt-out form attached to the bottom of this Privacy and Data Use Policy. We may also assist you in applying for financing with certain third parties or engage in direct financing with you. We may report information about your account to credit bureaus. Late payments, missed payments, or other defaults on your account may be reflected in your credit report
Machine Data. Machine Data includes information that is generated by, collected by or stored on your equipment or any hardware or device interfacing with your equipment, and may be provided directly through such equipment, hardware or device or indirectly when reported to us through you or a third party (collectively, "Machine Data"). Machine Data includes, without limitation, the following data, which we may track, collect, receive and use in accordance with this Policy:
Technical information including IP addresses, persistent identifiers, statistical utilization, transmission, and access methods and sources, and preference information that is collected by cookies, web beacons, or other similar device based collection technologies. This may include any search that led you to our website, your connection speed or type, and your browser or device information. You may block all cookies by following the instructions applicable to your browser at http://www.aboutcookies.org/page-1;
Equipment use history including fuel usage, number of engine hours, diagnostic data, software and hardware version numbers, geolocation data, and other equipment data; and
Agronomic information including plant, chemical and fertilizer application rates, recorded yields, soil types and moisture levels, and similar crop or field-based information.
Machine Data may be collected by us directly from you or your equipment or it may be delivered to us by third parties if you authorize or allow such delivery or access from the third party (such as through the JD LinkTM Telematics system for John Deere Equipment). By providing Customer Data directly to us or granting us access to Machine Data from a third party, you grant us a royalty-free, non-exclusive, perpetual license to use such Machine Data in accordance with this Policy. We are not liable for any errors, omissions, interception, loss of data, lack of capacity, lack of coverage or lack of availability, or other errors related to the transmission of any Machine Data by any third party.
YOU AGREE THAT YOU WILL CLEARLY AND CONSPICUOUSLY NOTIFY ANY AFFECTED PERSONNEL THAT THE MACHINE DATA IS CONTINUOUSLY MONITORED AND DELIVERED, INCLUDING POTENTIALLY PERSONAL AND LOCATION DATA, AND THAT YOU WILL OBTAIN ALL NECESSARY CONSENTS AND APPROVALS FROM YOUR PERSONNEL AS REQUIRED BY APPLICABLE LAW TO COLLECT AND PROVIDE SUCH DATA TO US.
2. Confidentiality, Security, and Storage of Data
Except as otherwise provided in this Policy, we will keep all of your Data that personally identifies you (e.g., your name and address) as private and will not share it with third parties, unless such disclosure is necessary to:
Comply with a law (or based upon our good-faith belief that disclosure is necessary to comply with a law);
Protect our rights or property; or
Enforce this Policy or any of our other policies and guidelines.
We may also share your Data as provided below, when required by a third party through whom you authorized or allowed Data to be transmitted to us or when otherwise authorized or requested by you.
We will not sell your data to third parties except in the case of a sale of substantially all of our business or assets or the business or assets of one or more of our locations or business divisions or as otherwise permitted below with respect to aggregate Data. We may permanently delete or destroy any and all Data at any time as determined by us. We use a variety of commercially reasonable security technologies to help protect your Data from unauthorized access, use, or disclosure. However, the use of such security technologies is not, and should not be considered to be, any type of guarantee or warranty by us that your Data will not be accessed by third parties, or that we will use all available security technologies to prevent unauthorized access to, use, or disclosure of your personally-identifying information.
3. Sharing and Use of Information
We share your data with our affiliates, suppliers, vendors, and/or their agents and employees as we deem necessary for the provision of goods and services to you. Specifically, we may share your Data: (i) with third parties assisting us in the provision, administration, and management of goods and services generally; (ii) with third parties that assist us in providing goods and services that you request; (iii) with third parties that support our business operations or provide marketing or advertising services on our behalf, including marketing, technical, accounting, legal or other professionals; and (iv) as otherwise permitted by law or approved by you. We may use your Data for our general business operations and goods and services provided by us if it is in a form that is not capable of being personally identified with you or if it is combined with Data from one or more other customers in aggregate form that does not personally identify any particular customer. We may also sell, license or otherwise provide such de-identified or aggregated data to third parties.
While we use commercially reasonable efforts to safeguard your Data when transmitted to third parties, we do not warrant that your Data will be transmitted without unauthorized interception or modification or that your Data will not be accessed or compromised by unauthorized third parties.
4. Collection of Your Information by Third-Party websites
5. Updates and Changes to Policy
We reserve the right, at any time and without notice, to add to, change, update, or modify this Policy by posting such addition, change, update, or modification on our website. Any such addition, change, update, or modification will be effective immediately upon posting on our website.
6. Eligibility; Compliance with Children Privacy Issues
We do not knowingly collect or maintain personally identifiable information from children under the age of 13. If you know of someone using our website that is under the age of 13, please notify us immediately. If we are informed that anyone under the age of 13 is using the website, his or her account will be cancelled and all of his or her information will be deleted from the website as soon as practical
7. How to Contact Us
If you have any questions or concerns about this Policy or need to request corrections or deletions to the information you have provided to us, then please contact TXAGPOWER_HR@ag-power.comor 800-593-3373.
OUR PRIVACY COMMITMENT
We are committed to conducting business in a manner that actively supports and ensures personal privacy. We are considerate of the privacy of our visitors and of their personal information. We believe the confidentiality and protection of consumer information is a fundamental responsibility of ours.
We will never share, sell, or rent individual personal information with anyone for their promotional use without your advance permission or unless ordered by a court of law. Information submitted to us is only available to employees managing this information for purposes of contacting you or sending you emails based on your request for information, and to contracted service providers for purposes of providing services relating to our communications with you.
We collect the information you choose to submit during your interaction with us. For your convenience, we use common Internet technologies such as cookies* with our Web sites.
JOHN DEERE FINANCIAL* PRIVACY STATEMENT FOR THE UNITED STATES
We understand the need to safeguard information about your personal and financial affairs that you provide to us. We have implemented and will maintain standards and procedures designed to prevent misuse of that information. We collect, retain, and use that information only when we believe it will help us, our affiliated companies, retail dealers or selected business partners, provide products, services, and other opportunities to you. We also use that information to comply with certain laws and regulations; to help us design or improve our products and services; and to understand your needs so we, our affiliated companies, dealers and business partners can provide you with quality products and superior service, and genuine value. We have procedures to help assure that your financial information is accurate, current, and complete, in accordance with commercial standards. We also have procedures to respond to your requests to correct inaccurate information in a timely manner. Some of these procedures are required by federal or state law.
We educate our employees about the importance of confidentiality and customer privacy through standard operating procedures and special training programs.
We maintain security standards and procedures to help prevent unauthorized access to information about you. We update and test our technology to improve the protection of our information about you and to ensure its accuracy.
We do not reveal specific information about your accounts or other personally identifiable data to parties outside our affiliated companies for their independent use unless: (1) you request or authorize it; (2) the information is provided to help complete a transaction initiated by you; (3) the information is provided to a credit bureau or similar information reporting agency; or (4) the disclosure otherwise is lawfully permitted or required.
It is necessary to provide personally identifiable information about you to a party outside our affiliated companies, such as to a company that we hire to prepare your account statements. These companies agree to protect our confidential information about you and must abide by applicable law.
This Statement may be changed at any time. Below is a sample of the Consumer Account Personal Information Notice, which relates only to accounts used primarily for personal, family and household purposes, it may be changed by providing prior written notice to those customers. The remaining provisions may be changed without prior notice and those changes may apply to information already in use.
* As used in this Policy, "John Deere Financial" refers to the financial services provided in the United States by Deere & Company and its subsidiaries.