Ag Data Use Agreement
This Ag Data Use Agreement (“Agreement”) establishes the terms by which your Ag Data are stored, used, and shared with others when using a SGS app and/or associated website, products, and services (collectively “Services”) and further supplements SGS’s general Privacy Policy. “You” means the person or company that creates an account for use of the Services. “SGS” means Simplot AB Retail, Inc. dba Simplot Grower Solutions.
1. The Information SGS Collects. When using the Services, you have the ability to upload the following types of data to SGS:
- Agronomic Data. This includes crop and field information, such as planting data, seed type, yield, disease and pest management, fertilization, and prescriptions.
- Land Data. This includes soil and fertility data, topographical, elevation, watershed, and drainage data, geospatial information, and tillage and conservation data.
- Climate and Weather Data. This includes precipitation, wind speed and direction, temperature, and other weather information.
These categories are illustrative but not exhaustive of the types of information SGS Services may collect from you. Collectively, this information is referred to as your “Ag Data” in this Agreement.
Some types of Ag Data may link to personal information, such as your name, address, or email address. Protection of personal information is addressed in our Privacy Policy and subject to applicable privacy laws and regulations.
2. Your Ownership of Ag Data. SGS believes that you are the owner of Ag Data that originates from your farm, device, or equipment. SGS believes that ownership should give you the right to share, download, and delete your Ag Data. You shall not upload data, or cause data to be uploaded, to SGS’s servers unless you are (i) the owner or (ii) authorized by the owner to do so. By uploading, authorizing the upload, or sharing Ag Data with SGS, you represent that you are the owner of such Ag Data or otherwise authorized to upload or share the Ag Data with SGS and consent to SGS sharing your Ag Data with its service providers. You further agree to indemnify SGS from any claims that someone else owns the Ag Data uploaded to your account.
3. Your Responsibilities. You shall not allow any unauthorized person to access your login information, password, account or Ag Data. You are responsible for any loss of data or other damage that occurs to SGS and other users of the Services as a result of any unauthorized access with your account. If your account with SGS terminates, you have the responsibility to delete your Ag Data, or SGS will assume you have abandoned all ownership claims. Once abandoned, SGS may delete your Ag Data or anonymize and aggregate your Ag Data according to this Agreement.
4. Data Sharing with the SGS.
4.1. License Granted for Internal Use. In order to perform the Services, you grant SGS a limited license to use your Ag Data as provided in this Agreement. You give your consent to SGS to: (1) clean your Ag Data by removing perceived errors and omissions; (2) store your Ag Data on servers owned/leased by SGS, or owned/leased by an SGS service provider; (3) share your Ag Data with SGS service providers, and any other third-party authorized by you; and (4) use your Ag Data to provide the Services to you.
4.2. Aggregated Data. SGS may anonymize and aggregate your Ag Data with data from other users to create aggregated datasets (“Aggregated Data”). Aggregated Data does not contain your personal information (as defined in our Privacy Policy). Aggregated Data that is made accessible to other users of the Services is provided in datasets that are large enough to prevent identification of you. Aggregated Data sharing is the default setting for SGS’s Services. Aggregated Data can be used by SGS for any lawful purpose. SGS does not intend to sell Aggregated Data to third parties, but may allow a SGS service provider to anonymize and aggregate your Ag Data for the purpose of enhancing the analytics that feed back into Simplot Advisor. Aggregated Data are not sold by our service providers.
4.3. Use of Third Parties to Process Data. To the extent SGS engages third parties to perform data processing on your Ag Data, these companies have agreed to abide by this Agreement at all times.
5. Data Sharing with Third Parties. SGS’s Services may provide you with the opportunity to share your Ag Data with third parties outside SGS and its service providers. SGS will obtain your consent prior to sharing your Ag Data with any of the following types of third parties. Once Ag Data has been shared outside of SGS’s Services, SGS no longer has any control over how a third party may use your Ag Data. SGS is not responsible to you for what a third party does with your Ag Data after you provide your consent to share with that third party.
5.1. Trusted Advisors. You have the option of granting “Trusted Advisors” access to view, edit, delete, upload and download your Ag Data. Trusted Advisors are individuals or companies that you want to access your Ag Data. Examples of Trusted Advisors include agronomists, crop consultants, crop protection representatives, lenders, insurers, your employees, family members, landowners, farmers, livestock owners, and others designated by you. Trusted Advisors must obtain a SGS account, user ID, login, and agree to SGS’s Privacy Policy, Terms of Service, and Data Use Agreement before they may be granted access to your Ag Data. You may stop sharing your Ag Data with Trusted Advisors by revoking their permission through the SGS website. Revoking permissions may not cause Ag Data previously shared to be deleted from other user’s accounts.
5.2. Integrations. With your consent and direction, SGS may also provide you with the ability to share your Ag Data with other technology providers through links established through SGS and such third parties (“Integrations”). SGS is continually working to provide users with options to transfer and share data among different companies and data platforms. When your Ag Data is transferred or shared with a third party, your use is subject to that third party’s policies and contract terms. Likewise, SGS may allow you to upload Ag Data directly from outside Integrations. Any uploads from third parties are subject to SGS’s policies and contract terms.
5.3. Government. SGS will not share your Ag Data with government agencies unless you provide your consent and direction. This promise will not prevent SGS from complying with a court order or other valid government request that requires Company to legally disclose information to the government. To the extent permitted by law, SGS shall notify you of any government request to obtain your Ag Data. SGS shall have no liability to you for disclosure of Ag Data in response to a subpoena, court order, or other government demand that legally requires SGS to respond.
6. Portability. You can request a download of your Ag Data at any time as long as you maintain an active account with SGS. In some circumstances, your Ag Data may not be retrievable in its original format. Upon request, and where possible, SGS will return your data in its raw format.
7. Modifications. SGS may revise this Agreement from time to time. SGS will notify you by email or when you log into your account of any revisions. The notice may be accompanied by a summary of the changes to this Agreement. By continuing to use the Services after revisions become effective, you agree to be bound by any updated version of this Agreement.
8. Security/Notice. SGS takes reasonable and customary security measures to protect the privacy and security of your Ag Data. In the event of a data breach, natural disaster, or other unforeseen event that causes your Ag Data to be deleted or compromised, SGS will notify you when you log in, by email, or other method required by law.
9. Deletion. You may delete your Ag Data at any time you have an active account and for thirty (30) days after termination of your account. Requests to delete your Ag Data after your account terminates may be made by email request to privacy@simplot.com. Deletion of Ag Data will not cause any Aggregated Data to be deleted.
10. Storage and Retention. Ag Data are stored on servers owned/leased by SGS or owned/leased by a SGS service provider. SGS shall store your Ag Data as long as you have an active account with SGS, and for a period of at least thirty (30) days after termination. Thirty (30) days after termination of your account, SGS will no longer have any obligation to retain your Ag Data.
11. Sale of Company. In the unlikely event SGS is sold or acquired by another company (meaning at least 51% of Company ownership interest is transferred in a single calendar year), you will be notified and have the option of deleting your Ag Data for at least thirty (30) days after the transfer. This Agreement will continue to apply to your Ag Data until the new owner provides you notice of a new ag data use agreement.
12. Limits on the Company’s Liability. SGS is not liable for any damages that result from the disclosure of your Ag Data to any person or company, provided such disclosures are made according to this Agreement. SGS is not responsible for a loss or unauthorized disclosure of your Ag Data due to (i) an Act of God, (ii) other catastrophic event, (iii) a data breach unless caused by SGS’s gross negligence, or (iv) someone other than you using your account.
13. Inquiries. Questions about this Agreement should be directed to privacy@simplot.com.