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Effective: September 1st, 2020
Last Modified: September 1st, 2020


INTRODUCTION

Ellingson Drainage, Inc. (“Ellingson”, “we” or “us”) knows your privacy is important to you, and our aim with this Privacy Notice is to help you make informed choices about your personal data. This Privacy Notice explains what information we collect about you, what we do with it, and how you can control it in connection with our website, application, and other digital services (collectively, our “System”). The term “personal data” can have different meanings depending on applicable law. In general, we use the term “personal data” to mean information that can uniquely identify you as an individual, but we will treat information we collect from you as personal data wherever necessary under applicable law.

You can navigate to any of the sections of this Privacy Notice using the links below:

 

WHY WE COLLECT YOUR INFORMATION

We collect information about you and your farm operation for the following reasons:

  • To provide Farm Water Management services and related support to you, such as enabling you to use the System to organize, visualize and evaluate information about your farm operation, share information about your farm operation with others, and receive information, aggregation, visualization, and insights from us and other third-party sources relevant to your farm operation.
  • To manage and respond to your inquiries concerning our products and services.
  • To alert you to potential risks to your crops, such as correlated tile map and water level data to determine whether drainage is sufficient.
  • For our general administrative purposes. For example, we may need your information to tell you about important changes to the System, create and administer your registered account, provide customer service to you, respond to inquiries regarding our products and services, or perform internal financial activities like auditing or billing.
  • For research and development purposes, such as to develop and improve our products and services, assess and compare product performance, or analyze customer behaviors and market trends.
  • For our internal efforts to operate and improve our business, such as improving the quality of our products and services, forecasting, and identifying ways we can operate more efficiently or expand our business.
  • For advertising and marketing purposes. This could include sending you information about the products, services, promotions, surveys, and events we offer, enhancing and personalizing the content we provide to you, and enhancing and personalizing our communications with you about our products and services, including advertising and marketing communications. WE WILL NOT SHARE YOUR PERSONAL DATA WITH ANY NON-AFFILIATED THIRD-PARTY VENDOR OR WEBSITE OWNER FOR THEIR OWN MARKETING PURPOSES WITHOUT YOUR CONSENT.
  • For engaging with you through social-media. We may use social-media accounts (including Facebook, Twitter, YouTube, and Instagram) to engage with the public. When you engage with us through our social media channels, the platform providers will also process information about you. For further information, please consult the privacy policy of the platform provider.
  • For security purposes, as necessary to help us protect against, identify, or investigate fraud or other criminal activity.
  • For other legal purposes, if we have a legal obligation, or need to pursue or defend against legal claims, that involves the use of your information.
  • For communication purposes, to get in touch with you in connection with any of the reasons discussed above.
  • For other purposes to which you expressly consent.

 

INFORMATION WE COLLECT ABOUT YOU

We collect the following information about you and your farm operation:

  • Information you provide. We may collect your first and last name, company name, email, address, zip code, machine data (including make, model, and configuration settings of your farming equipment), or other information about you that you voluntarily send to us through the System or through communications with us, including when you:
    • Create an account;
    • Register or subscribe for a service;
    • Upload information to the System;
    • Subscribe to a mailing list; or
    • Contact us for any reason.
  • Information gathered automatically. When you use the System, we may automatically collect information directly or through our third-party analytics providers. That information may include:
    • Your IP address;
    • Your device identifier;
    • Your internet-service provider’s name;
    • Browser type and language;
    • Operating system;
    • Session identification number;
    • Search terms, search results; and
    • Online browsing data or “clickstream data” (e.g., date and time of access to the System, referring website address, pages viewed, features used, links clicked, and other actions you take in connection with the website).

We (and third parties acting on our behalf) may collect this information directly from your browser interacting with our System. We may also collect this information through cookies and similar technologies, which typically work by placing a small file (like a text file or graphic) on your computer or smartphone, and the file is used to identify your device and to collect information. In this Privacy Notice, we use the term “cookies” in general to refer to these technologies. Cookies are typically assigned to one of four categories, depending on their function and intended purpose:

    • Essential Cookies: These cookies are necessary for our System to operate properly and enable you to use its features.
    • Performance Cookies: These cookies collect information about how you use our System and are used to improve and personalize future web experiences and deliver content more relevant to your interests. Our promotional communications may include these cookies to measure performance and deliver more relevant offers/content based on preferences.
    • Functional Cookies: These cookies allow our System to remember choices you make and provide more personal features as well as services you have asked for. The information collected may be anonymized and is not used to track your browsing activities on other websites.
    • Marketing Cookies: We use cookies to help us deliver our content and advertising. You can find more information below on advertising, including your choices with respect to these cookies.

 

INTEREST-BASED ADVERTISING

We may use technologies to collect information about your online activities over time and across third-party websites or other online services:

  • Cookies.Most browsers are set up to accept cookies automatically. You can deactivate the storing of cookies or adjust your browser to inform you before the cookie is stored on your computer.
  • “Do Not Track” Signals. Some browsers have “do not track” features that allow you to tell a website not to track you. These features are not all uniform. We do not currently respond to those signals. Instead, we collect, use, and share information as described in this Privacy Notice regardless of a “do not track” choice.
  • Location-based information. When you access the System, we may collect information related to your location through your device’s GPS, Wi-Fi, or Bluetooth. Your device may provide ways to prevent sharing your location, like disabling location-based services or turning off your GPS, Wi-Fi, or Bluetooth. If you disable any location-based services on your device, you may not be able to use certain features of the System.
  • Information from other sources. We may collect information about you from other sources such as our affiliates, public and third-party databases, and other third parties. For example, if you elect to participate in analytics, communications, or marketing programs, including those offered or run by third parties, we may enhance your information by obtaining or merging that information with technical, cookie, or other data we collect or that we receive from third parties.

 

HOW WE SHARE YOUR PERSONAL DATA

We may share information about you:

  • With others working for us, which includes third parties that perform services on our behalf such as running our System, sending communications for us, and executing marketing programs and promotions.
  • With third parties to whom you request that we provide access, such as other System users and System partners authorized by you to access your account or with whom you choose to share your data, according to your settings and configurations within the System.
  • With other third parties, such as law enforcement or other government entities: (1) if we believe there has been a violation of our policies; (2) if we believe that someone may be causing injury to our rights or property, to other users, or to anyone else; (3) to provide information to law enforcement; or (4) as required by law.
  • As part of a corporate restructuring, such as a liquidation, reorganization, merger, sale of the company, consolidation, change of control, asset or stock acquisition/disposition, or other corporate combination. If that happens, we will use reasonable efforts to make sure the transferee uses your information in a manner consistent with this Privacy Notice.

WE WILL NOT SHARE INFORMATION ABOUT YOU WITH ANY NON-AFFILIATED THIRD-PARTY VENDOR OR WEBSITE OWNER FOR THEIR OWN MARKETING PURPOSES WITHOUT YOUR CONSENT.

 

THIRD-PARTY ANALYTICS

We use third-party providers to collect and analyze information about your use of the System. These providers may collect information about your online activities over time and across third-party websites and other online services using cookies and other tracking technologies discussed above in connection with your use of the System. You may be able to manage how these providers collect information by changing your browser’s cookie settings. Analytics services included but not limited to are Google Analytics, Log Rocket and Sentry.

 

HOW LONG WE RETAIN YOUR INFORMATION

In general, we keep information about you for as long as we need it to carry out the purposes described above, and as necessary to comply with our records-management policies. We also keep your personal data as we reasonably determine to be necessary to exercise or preserve our legal rights, or comply with other legal obligations we might have, such as in connection with litigation.

You may request to de-activate your System account at any time in your account settings or by sending an e-mail to support@ellingson.app. We may keep your account intact for a reasonable period of time to facilitate reactivation, unless you request that we close and permanently delete your account. You may request that we close and permanently delete your System account at any time by contacting us at the address provided below. If you request that we delete your account, we will delete account details that directly identify you, such as your name and contact details, and you will not be able to re-activate your account. We may retain some information about you or your farm operation as required for our own internal purposes, such as for legal compliance and operational purposes. We will not use this information to market products or services to you, unless you subsequently agree to receive such marketing. We may also retain some information that has been aggregated, anonymized or put through another technical process that reduces our ability to attribute such information to you for our internal operations and research and development purposes, but we will no longer link this information with your System account.

 

HOW YOU CAN CONTROL YOUR INFORMATION

You may review and ask us to change any information about you in your account profile and, where applicable, personal account preferences, stored in our system if you believe it is out of date or incorrect by contacting us at support@ellingson.app, or where applicable, log in to your account to update your information or preferences.

Where you have provided your consent for us to use information about you, you may request to withdraw that consent for future uses of such information by contacting us at support@ellingson.app. Where applicable, you may also log in to your account to update your preferences, which may include revoking consent to certain communication outreach and marketing uses.

You may opt out of receiving future commercial email from us or request that information about you be removed from the System by following any opt-out instructions in emails we send you, or by contacting us at the address provided below. Please be aware that if you opt out of receiving commercial messages from us, it may take up to ten (10) business days for us to process your opt-out request, and you may receive commercial messages from us during that period.

Even if you opt out of receiving promotional and marketing material, we may still correspond with you about your existing or past business relationships with us (e.g., notifications regarding your farm operations, any purchase of our products or use of our services, or responses to your requests for information through the Website, App, or other means). We may also access and view your information in the course of maintaining and improving the System and our services.

If you are a California resident, please consult the California Privacy Rights section below for your rights and additional considerations. Nevada residents who wish to exercise their sale opt-out rights under Nevada Revised Statutes Chapter 603A may submit a request to support@ellingson.app. However, please know we do not currently sell data triggering that statute’s opt-out requirements.

 

HOW WE PROTECT YOUR INFORMATION

We have implemented technical, administrative, and physical security measures designed to protect your personal data from unauthorized access, disclosure, use, and modification. Although we strive to keep your personal data secure, no security measures are absolute. Use caution when transmitting personal data over the Internet.

 

CHILDREN’S PERSONAL DATA

In light of the importance of protecting children’s privacy, we do not collect, process or use on our System any information relating to an individual whom we know to be under 13 years old without the prior, verifiable consent of his or her legal representative. Such legal representative has the right, upon request, to view the information provided by the child and/or to require that it be deleted by contacting us at the address provided below.

 

CHANGES TO THIS PRIVACY NOTICE

From time to time, we may update this Privacy Notice. When we do, we will post it on our Website and include the effective date of the update. If there are material changes to our Privacy Notice, we will post a prominent notice on our Website and within the App and provide other notice as required by law.

 

CONTACT US

You may contact us at support@elingson.app for any additional information related to this Privacy Notice.

 

CALIFORNIA PRIVACY RIGHTS

If you are a California resident, California law may provide you with additional rights regarding our use of your personal information. To learn more about your California privacy rights, visit Privacy Notice for California Residents

California’s “Shine the Light” law (Civil Code Section § 1798.83) permits users of our System that are California residents to request certain information regarding our disclosure of personal information to third parties for their direct marketing purposes. To make such a request, please send an email to support@ellingson.app.

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