PRIVACY POLICY

Effective: January 1st, 2022

Parcel.ag (collectively, “Parcel”, “we”, “us” or “our”) provides the Parcel mobile and web software applications (the “Parcel App”) and proprietary online platform that enables users to track and manage their farming and field operations (the “Platform”).  Please read this Privacy Notice carefully. It provides important information about your personal information. It also tells you about your rights under applicable privacy laws.  If you are a California resident and would like to exercise your California privacy rights, please see our California Consumer Privacy Act (CCPA) Disclosures.

  1. Introduction

This Privacy Notice is intended to help you better understand how we process your personal information, and governs how Parcel may use, transfer, store and disclose such personal information.

The term “personal information” or “personal data” means any information about an individual from which that person may be identified.  For example, it may include your name, telephone number, email address, or payment information, and in some jurisdictions your IP address. It does not include data from which the identity of an individual has been definitively removed along with any identifiers connected to such individual (also known as anonymous or anonymized data).

 

Parcel may collect personal information when you:

  • Download and/or use the Parcel App;
  • Access and/or use the Platform;
  • Interact with and/or use support and other services provided by us as part of or in connection with the Parcel App and/or Platform; and
  • Communicate with us directly.

When we refer to the “Service” throughout this Privacy Notice, we mean, collectively, the Parcel App, Platform, and any other services provided by us to you in connection with the Parcel App and/or Platform.

Please note that certain information collected by us in connection with your use of the Service is controlled by the entity or other third party that has entered into the Parcel Terms of Service available at https://parcel.ag/tos or other agreement (hereinafter, the “Terms”) with Parcel for the access and use of the Service (such, entity and/or organization, the “Account Holder”).

 

When Parcel collects or processes such information, it does so on behalf of the Account Holder.  If you access and/or use the Service as an authorized employee, contractor, and/or agent of the Account Holder and/or have been invited by an Account Holder to access and/or view the Account Holder’s data and information through the Service (individually and collectively, “Authorized Users”), whether that Account Holder is your employer, another organization, or an individual, that Account Holder determines its own policies regarding storage, access, modification, deletion, sharing, and retention of such information which may apply to your use of the Service.  If applicable, please check with the Account Holder about the policies and settings it has in place with respect to information you submit in connection with your use of the Service.

 

BY ACCESSING OR USING OUR SERVICE OR SUBMITTING INFORMATION IN CONNECTION WITH YOUR USE OF THE SERVICE, YOU ACKNOWLEDGE AND AGREE THAT YOU HAVE READ THIS PRIVACY NOTICE.

  1. Changes to this Privacy Notice

Parcel reserves the right to update or modify this Privacy Notice at any time. The revised Privacy Notice will be posted on our website located at https://parcel.ag/privacy (the “Site”).  All updates and modifications to Privacy Notice will be effective from the day they are posted online (except as stated below).  If we make any material changes to Privacy Notice, we will notify you of these changes by posting a notice of the changes on the Site and through the user interface of the Parcel App.  It is your responsibility to regularly visit and review the Privacy Notice.  If you do not agree to any updates or modifications to the Privacy Notice, simply do not use or access the Service (or any part thereof). Your continued use of the Service after we have posted the updated Privacy Notice, or, in the event of material changes, ten (10) days following the date we posted the notice of such changes on the Site and/or through the Parcel App, as applicable, signifies to us that you acknowledge and agree to be bound by the revised Privacy Notice.

  1. Information we Collect
    1. Information Collected Directly

In connection with your use of the Service, Parcel may collect the following personal information directly from you:

  • Your email address, first name and/or last name;
  • Your mobile phone number, username, password and/or other login credentials;
  • The name of the Account Holder who has designated you as an Authorized User; and
  • Other information you may provide by filling out forms or by contacting us (such as your feedback or other communications with us).
    1. Information Collected Indirectly
  • Geolocation Information. Certain features and functionalities of the Parcel App are based on your location. In order to provide these features and functionalities while you are using your mobile device, we may, with your consent, automatically collect geolocation information from your mobile device or wireless carrier and/or certain third-party service providers (collectively, “Geolocational Information”). Collection of such Geolocational Information occurs only when the Parcel App is running on your device. You may decline to allow us to collect such Geolocational Information, in which case we will not be able to provide certain features or functionalities to you.
  • Usage Information. When you use or interact with the Service, we, or our authorized third-party service providers, automatically collect information about how you use the Service (collectively, “Usage Information”). Usage Information that we collect consists of information about your interactions with the Service, including information about the device used by you to interact with and/or access the Service, including, without limitation, IP address, access dates and times, information about your approximate location (as determined through your IP address), mobile device information, device event information, crash data, and log data when you access and use the Service. This information allows Parcel to understand how you’ve used the Service (which may include administrative and support communications with us or whether you have clicked on third-party links), and other actions you have taken in connection with your use of the Service.  We use this information for our internal purposes, specifically to operate, maintain, secure and improve the Service. We may also use this information to provide you with notifications, recommendations, and information about specific features of the Service and/or additional products, services, or features we believe may be of interest to you.
    1. Cookies and Similar Technologies. We or authorized third parties collect certain information by automated means using cookies, web beacons, and server logs for analytic purposes.  Parcel tracks users’ use of the Service, but does not track users across third party websites.  A cookie is a small text file that is stored on a user's computer for record-keeping purposes.  When you visit or access the Service, we may by means of cookies, beacons, tags, scripts, and/or similar technologies automatically collect technical information about the devices and software you use to access the Service, such as the type of Internet browser or mobile device you use, the website or source that linked or referred you to the Service, your IP address or device ID (or other persistent identifier that uniquely identifies your computer or mobile device on the Internet), the operating system of your computer or mobile device, and other similar technical information.  Typically, all technical, analytics, and usage information is gathered by Parcel in anonymous form and does not identify you personally. We use both session ID cookies and persistent cookies.  These technologies (or a combination of them) are used to help us:
  • Compile statistics and analytics about your use of and interaction with the Service, including details about how and where our Service are accessed, how often you visit or use the Service, the date and time of your visits, your actions on the Service, and information regarding in-app activities, and other similar traffic, usage, and trend data, which allow us to better understand the functionality of our mobile software on your device and gain insights about how mobile software is used in order to improve your experience;
  • Gather important functionality, testing, and performance data about our Service, including performance data related to the Parcel App and Platform, such as networking activity, CPU load, and resource usage, among other relevant data;
  • Moderate user behavior on the Service, such as protecting against fraud and other inappropriate activities;
  • Gather demographic information about our user base; and
  • Perform other similar functions.

We may use third party tools and technologies to help us gather this information discussed above. For instance, we use Google Analytics, a product provided by Google, Inc., to collect and process certain analytics data and security with technologies such as tracking pixels. Google provides some additional privacy options described at www.google.com/policies/privacy/partners/ with respect to Google Analytics cookies. To opt out from Google Analytics, you can download a plug-in from http://tools.google.com/dlpage/gaoptout.

    1. Information Collected from Third Parties. In some instances, we process personal information from third parties, which consists of:
  • Data from third party products and services, including, without limitation data products, services and integrations, that you enable for use in connection with the Service (collectively, “Third Party Integrations”); and
  • Data from existing Account Holders of the Service who invite you to access the Service as an Authorized User, or that invite you to view and access certain data and information of such Account Holder, or otherwise share such data information with you, through the Service.
    1. Aggregated Data. With the personal information and other data (including, Usage Information) collected by us, we process “Aggregated Data”, such as statistical or demographic data.  Aggregated Data may be derived from personal information, but is not considered personal information under the law if it does not directly or indirectly reveal your identity.  If we combine or connect Aggregated Data with your personal information so that it can directly or indirectly identify you, we treat the combined data as personal information, which will be processed in accordance with this Privacy Notice.
  1. Using Your Personal Information.

Depending on how you use the Service, we use your personal information in the following instances:

  • To perform and provide the Service to you;
  • To enable Third Party Integrations you have connected to the Service;
  • To invite Authorized Users to access the Service;
  • To share information with Authorized Users through the Service;
  • Deliver direct marketing communications to you regarding our products and services that we may think are of interest to you;
  • Respond to your queries and requests, or otherwise communicate directly with you;
  • Detect any fraudulent or illegal activity against you and/or Parcel;
  • Perform system maintenance and upgrades, and enable new features;
  • To comply with a legal or regulatory obligation (for example, keeping records of our sales for tax compliance); and
  • Provide information to regulatory bodies when legally required, and only as outlined below in Legal Obligations and Security.
  1. Sharing Your Personal Information

Aside from disclosing your information to those of our personnel who are authorized to process the information in order to provide the Service and who are committed to confidentiality, we disclose your personal information only to the third parties as described below.

    1. Third-Party Service Providers

We share personal information with third parties that provide services to help us provide the Service, and to otherwise operate our business.  Depending on how you use the Service, the following categories of third parties collect data on our behalf or receive personal information:

  • Hosting services providers;
  • Analytics providers;
  • Providers of business operations and communication tools;
  • Other third-party service providers that help us provide features and functions for the Service (e.g., customer support providers); and
  • Professional service providers, such as auditors, lawyers, consultants, accountants and insurers.

For a list of all third-party service providers we use, please contact us. We require all third parties to respect the security of your personal information and to treat it in accordance with the law. We do not allow our third-party service providers to use your personal information for their own purposes and only permit them to process your personal information for specified purposes and in accordance with our instructions, unless the data is rendered fully anonymous.

    1. Third Party Integrations and Services

Vendors: When you choose to enable and/or connect to Third Parties, such as agricultural supply vendors (Vendors) to interact with the Service, certain data and information may be exchanged between us and the provider of the applicable Third Party Integration.  Note that Third Party Integrations with whom you choose to share your information with are not our service providers.  The applicable providers of Third Party Integrations may use your personal information differently than we do and we do not control their use of your information.  Please review the privacy notices of any Third Party Integrations you decide to enable in connection with the use of the Service. Any data shared between a Grower and a Third Party will be constrained to an agreement which has been accepted by the Grower and the Third Party in the application. The Third Party may use the data provided during the term of the agreement solely for purposes of fulfilling the agreement. The Third Party is prohibited from deriving independent commercial benefits from such data without express written consent of the Grower. Any data shared between a Grower and a Third Party is owned by the Grower, and the Grower retains all rights to that data. Any data a Third Party shares with a Grower, such as records or recommendations, becomes the property of the Grower. Upon termination of the agreement, Third Parties are required to certify the deletion of all shared data within 30 days, unless otherwise required by law, and subject to audit by the Parcel or the Grower. All Third Parties must adhere to OWASP Top 10 prevention at a minimum for data transmission and storage of any Shared Data transmitted or stored outside the Parcel platform. All Third Parties agree to a mutual confidentiality between the Third Party and the Grower as defined in Section (7) Confidentiality of the Vendor Hosted Services Agreement for any shared data. All Third Parties agree that in the case of a data breach including shared data, the affected party(s) shall be notified within 72 hours, and a remedial action plan shall be executed immediately. The data shared through Parcel with the Third Party will be clearly articulated during the signup process and will be limited to only the data relevant based on the type of service provided. For example, a hauling service will be provided with the location and shape of the field to pick up produce and will have access to messages between the Account Holder and the Third Party.

 

Buyers: You may choose to list crops for sale. You may also choose to share data with crop buyers you have confirmed orders with. Data shared with crop buyers shall be strictly limited to the listing details and necessary field information. No proprietary or sensitive data of the grower is shared.

    1. To Authorized Users

If you request to designate an Authorized User and share your data and/or information with Authorized Users through the Service, we will share your information with such Authorized Users. Note that Authorized Users with whom you choose to share your information may use your personal information differently than we do, and we do not control their use of your information. Please make your choice to share your information carefully. Parcel will not be able to contain or retrieve personal information once it has been shared or disclosed, and Parcel will have no responsibility or liability for any consequences that may result because you have released or shared personal information with others.

    1. Business Transfers

We may also share data with third parties to whom we choose to sell, transfer, or merge parts of our business or our assets. Alternatively, we may seek to acquire other businesses or merge with them. If a change happens to our business, then the new owners may use your personal information in the same way as set out in this Privacy Notice.

    1. Affiliates and Subsidiaries

Personal information that we collect about you through the Service may be shared with the employees, contractors, and agents of Parcel and our affiliated and subsidiary entities (“Affiliates”) who are involved in providing or improving the Service that we offer to you. We obligate the employees, contractors and agents of Parcel and our Affiliates to ensure the security and confidentiality of your personal information and to act on that personal information only in a manner consistent with this Privacy Notice.

    1. Legal Obligations and Security

If we are required to disclose personal information by law, such as pursuant to a subpoena, warrant or other judicial or administrative order, our policy is to respond to requests that are properly issued by law enforcement within the United States. Under such circumstances, unless prohibited by applicable law, we will attempt to provide you with prior notice that a request for your information has been made in order to give you an opportunity to object to the disclosure. We will attempt to provide this notice by email, if you have given us an email address. However, government requests may include a court-granted non-disclosure order, which prohibits us from giving notice to the affected individual. In cases where we receive a non-disclosure order, we notify the user when it has expired or once we are authorized to do so. Note that if we receive information that provides us with a good faith belief that there is an exigent emergency involving the danger of death or serious physical injury to a person, we may provide information to law enforcement trying to prevent or mitigate the danger (if we have it), to be determined on a case-by-case basis.

  1. Marketing Communications

If you have not otherwise opted out, or if you have opted in to receive direct marketing emails from us, we may use your personal information to send you marketing information about the Service, other Parcel products and services, new product releases, and new feature releases of the Service that we think may interest you. We carry out direct marketing by email. If you no longer wish to receive marketing communications, you have the right at any time to opt out as further explained in Your Choices.

 

  1. Your Choices
    1. Updating and Correcting Personal information.

If you would like to correct or update certain personal information (such as your contact information) this can be done through the Service, or by contacting us at [email protected] and we will use reasonable efforts to correct and/or update such information

    1. Direct Marketing

You may manage your receipt of marketing and non-transactional communications by clicking on the “unsubscribe” link located on the bottom of any of our marketing emails. We will use commercially reasonable efforts to process such requests in a timely manner. You cannot opt out of receiving transactional emails related to the Service (e.g., requests for support).

    1. Cookies

With respect to your choices regarding cookie and other tracking technologies, most web and mobile device browsers automatically accept cookies, but if you prefer, you can change your browser to prevent that or to notify you each time a cookie is set. You can also learn more about cookies by visiting www.allaboutcookies.org which includes additional useful information on cookies and how to block cookies using different types of browsers or mobile devices.  Please note, however, that by blocking or deleting cookies used on the Service, you may not be able to take full advantage of the Service. Parcel does not process or respond to web browsers' "do not track" signals or other similar transmissions that indicate a request to disable online tracking of users who use our Service.

 

  1. Sensitive Data

Parcel does not require you to provide any sensitive data about your race or ethnicity, religious or philosophical beliefs, sex life, sexual orientation, political opinions, trade union membership, information about your health and genetic, and biometric data to use the Service.

 

  1. Children’s Privacy

Parcel does not target its Service to persons under the age of 16 and does not knowingly collect personal information from minors. Therefore, we ask you not to provide us with personal information of persons under the age of 16. If we learn that personal information of persons under 16 years of age has been collected on or through the Service, then we may deactivate the account or otherwise terminate access to the Service and/or make the user content inaccessible.

 

  1. Payment Processing

Any payment information in connection with the use of the Service will be processed through Stripe. Details on their privacy practices can be found at https://stripe.com/privacy.

 

  1. App Stores and External Websites
    1. App Stores

Your app store (e.g., iTunes or Google Play) may collect certain information in connection with your use of the Parcel App, including, without limitation, personal information, geolocational information, and other usage-based data. We have no control over the collection of such information by a third-party app store, and any such collection or use will be subject to that third party’s applicable privacy policies.

    1. External Websites

On or through the Service, we may provide or make available, for informational purposes only, links to other websites or resources with which we do not have a contractual relationship and over which we do not have control (“External Websites”).  Such links are not paid advertisements, nor do they constitute an endorsement by Parcel of those External Websites, and are provided to you only as a convenience. By clicking on links to External Websites, the operators of the External Websites may collect your personal information. We are not responsible for the content or data collection practices of those External Websites, and your use of External Websites is subject to their respective terms of use and privacy policies.

  1. Data Retention

Your personal information is processed for the period necessary to fulfill the purposes for which it is collected, to comply with legal and regulatory obligations and for the duration of any period necessary to establish, exercise or defend any legal rights. In order to determine the most appropriate retention periods for your personal information, we consider the amount, nature and sensitivity of your information, the reasons for which we collect and process your personal information, and applicable legal requirements. In some instances, we may choose to anonymize your personal information instead of deleting it, for statistical use, for instance. When we choose to anonymize, we make sure that there is no way that the personal information can be linked back to you or any specific user.

  1. Data Security and Protection

We have put in place reasonable and appropriate security measures designed to prevent your personal information from being accidentally lost, used or accessed in an unauthorized way, altered or disclosed. For example, we use encryption, secure socket layer, firewalls, and password protection. In addition, we limit access to personal information to those employees, agents, contractors and the third parties who have a business need-to-know. We also have procedures in place to deal with any suspected data security breach.  However, no method of transmission over the Internet, or method of electronic storage, is 100% secure, and while we take reasonable steps to provide secure services, by using the Service, you understand and assume the risks associated with your activities on the internet. In addition, you have responsibility and control over protecting your personal information. For example, you, and not Parcel is responsible for safeguarding your password, and other authentication information you use to access our Service.  You should not disclose your authentication information to any third party and should immediately notify Parcel of any unauthorized use of your password. In addition, as described in this Privacy Notice, Parcel cannot secure, and has no responsibility for, any personal information that you share or release on your own or that you request us to share or release.

  1. California Consumer Privacy Act (CCPA) Disclosure
    1. Introduction

Who and what information is subject to these CCPA Disclosures? This CCPA Disclosures section supplements the information provided in the Privacy Notice above and applies only to individuals who are residents of the state of California. For purposes of these CCPA Disclosures, “personal information” means information that identifies, relates to, describes, is reasonably capable of being associated with, or could reasonably be linked, directly or indirectly, with a particular consumer or household.  Personal information does not include:

  • information that is lawfully made available from federal, state, or local government records;
  • de-identified or aggregated information; and
  • information excluded from the scope of the California Consumer Privacy Act of 2018 (“CCPA”), such as health or medical information covered under the Health Insurance Portability and Accountability Act of 1996 (“HIPAA”) and financial information covered under the Fair Credit Reporting Act (“FCRA”) or Gramm-Leach Bliley Act (“GLBA”).
    1. How can a consumer with a disability access these CCPA Disclosures?

Consumers who have a visual disability may be able to use a screen reader or other text-to-speech or text-to-Braille tool to review the contents of this notice. If this notice is needed in an alternative format, please call us at (415) 755-3483.

    1. Notice at Collection

In this Notice at Collection section, we are addressing disclosure requirements under California Civil Code §1798.100(b) and California Attorney General Regulations § 999.305 at or before the point of online.

We collect the following categories of personal information about consumers:

  • Categories of Personal Information[PCLLP2]
  • Account/Registration Information and Geographic Location (including name, mobile phone number, work email address, company name and other similar information, and your geographic location)
  • Authentication Information, including user IDs, log-in names, passwords
  • Cookies, web beacons and navigational and location data collection as further described in this notice.
  • Usage Data as further described in this notice.

Business or Commercial Purposes

We use personal information in connection with registration of your account, to allow you to contact us with questions, comments or concerns and to address your communications, to provide materials you request, for marketing purposes (unless you have asked us not to), to analyze trends, administer and provide the Service, track users' access and use of the Service and gather demographic information for aggregate use, web beacons in emails and newsletters so that we know when such communications have been opened and to otherwise help us tailor our communications to individual users.

    1. Additional Disclosures of Personal Information, No Sale
      1. Addition Disclosures

Beyond the disclosures set forth in Notice at Collection above, we are providing additional disclosures about consumer rights and our personal information handling practices in the preceding twelve months with respect to the Service, as required by the CCPA and regulations of the California Attorney General, including §999.308 (Privacy Policy). We have set out below the categories of personal information we have collected about California residents in the preceding 12 months with respect to the Service and, for each category of personal information collected, the categories of sources from which that information was collected, the business or commercial purposes for which the information was collected, and the categories of third parties with whom we shared the personal information.

 

Categories of personal information:

  • Identifiers such as a real name, alias, postal address, unique personal identifier, online identifier, internet protocol address, email address, account name, social security number, driver’s license number, passport number, or other similar identifiers
  • Commercial information
  • Internet or other electronic network activity
  • Geolocation data.

Business or commercial purposes:

  • Administer and provider the Service.
  • Communicate with you.
  • Improve, update, and enhance the Service.
  • Parcel’s analytics.

Sources from which personal information is collected

  • Directly from the California resident.
  • From third party service providers.
  • From Third Party Integrations.

Categories of third parties we share personal information with:

  • Affiliates.
  • Third party service providers.
  • If you are an Authorized User, the Account Holder and/or other Authorized Users.
  • Third Party Integrations.
      1. Sale of Personal Information

We do not and will not sell California residents’ personal information. We do not sell the personal information of minors under 16 years of age without affirmative authorization.

    1. Consumer CCPA Requests and Rights
      1. Right to Know About Personal Information Collected, Disclosed, or Sold

You have the right to request that we disclose what personal information we collect, use, disclose and sell about you specifically (“right to know”). To submit a request to exercise the right to know, please call (415) 755-3483 or submit an email request to [email protected] and include “California Request to Know” in the subject line. Please specify in your request the details you would like to know, including any specific pieces of personal information you would like to access. We will ask that you provide certain information to verify your identity, such as a code sent to an email address we may have on file for you. If you have a password-protected account with us, we may verify your identity through our existing authentication practices for your account. The information that we ask you to provide to verify your identity will depend on your prior interactions with us and the sensitivity of the personal information at issue. We will respond to your request in accordance with the CCPA. If we deny your request, we will explain why.

      1. Right to Request Deletion of Personal Information

You have a right to request the deletion of personal information that we collect or maintain about you. To submit a request to delete personal information, please call (415) 755-3483 or submit an email request to [email protected] and include “California Request to Delete” in the subject line. Please specify in your request the personal information about you that you would like to have deleted, which can be all of your personal information as required by the CCPA. We will ask that you provide certain information to verify your identity, such as a code sent to an email address we may have on file for you. If you have a password-protected account with us, we may verify your identity through our existing authentication practices for your account. The information that we ask you to provide to verify your identity will depend on your prior interactions with us and the sensitivity of the personal information at issue. Once we have verified your identity, we will ask you to confirm that you wish to have your personal information deleted. Once confirmed, we will respond to your request in accordance with the CCPA. If we deny your request, we will explain why.

      1. Right to Opt-Out of the Sale of Personal Information

You have the right to opt-out of the sale of your personal information by a business. We do not, and will not, sell your personal information.

      1. Right to Non-Discrimination for the Exercise of a Consumer’s Privacy Rights

You may not be discriminated against because you exercise any of your rights under the CCPA in violation of Cal. Civ. Code §1798.125.

      1. Authorized Agent

You can designate an authorized agent to make a request under the CCPA on your behalf if: The authorized agent is a natural person or a business entity registered with the Secretary of State of California; and You sign a written declaration that you authorize the authorized agent to act on your behalf. If you use an authorized agent to submit a request to exercise your right to know or your right to request deletion, please have the authorized agent take the following steps in addition to the steps described in Sections 2 and 3 above: Mail a certified copy of your written declaration authorizing the authorized agent to act on your behalf to Parcel.ag, Legal Department, at 151 Canyon Rd. Fairfax, CA 94930; and Provide any information we request in our response to your email to verify your identity. The information that we ask you to provide to verify your identity will depend on your prior interactions with us and the sensitivity of the personal information at issue. If you provide an authorized agent with power of attorney pursuant to Probate Code sections 4000 to 4465, it may not be necessary to perform these steps and we will respond to any request from such authorized agent in accordance with the CCPA.

  1. Notice to Users Outside the United States

The Service and its servers are operated in the United States. If you are located outside of the United States, please be aware that your information, including your personal data, may be transferred to, processed, maintained, and used on computers, servers, and systems located outside of your state, province, country, or other governmental jurisdiction where the privacy laws may not be as protective as those in your jurisdiction. If you are located outside the United States and choose to use the Service, you hereby irrevocably and unconditionally consent to such transfer, processing, and use in the United States and elsewhere.

  1. Contact Us

If you have any questions about this Privacy Notice, have additional questions, you can contact us as follows:

By email at: [email protected].

By mail at: Parcel.ag, Consumer Engagement, 5 West Mendenhall Street, Suite 202 Bozeman Montana 59715.

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