Terms of Service

Effective: October 22, 2024

We at Incite.agPro LLC ("Company", "Tech Provider", "Incite.ag" or "We") respect your privacy and are committed to protecting it through our compliance with this Privacy Policy ("Policy").

This Policy describes the types of information we may collect from you, as the user, of the incite.ag User Portal (our "Platform") and our practices for collecting, using, maintaining, protecting, and disclosing that information.

This Policy applies to information we collect:

• On this Platform.
• In email, text, and other electronic messages between you and this Platform.
• In live in-person meetings, seminars or via phone communications.

It does not apply to information collected by:

• Us offline or through any other means, including on any other website operated by Company or any third party; or
• Any third party, including through any application or content that may link to or be accessible from or through the Platform.

Please read this Policy carefully to understand our policies and practices regarding your information and how we will treat it. When we refer to “your information” we mean all types of information identified below, and the information you own and have granted us a license to use. If you do not agree with our policies and practices, your choice is to not use our Platform. By accessing or using this Platform, you agree to this Policy. This Policy may change from time to time (see Changes to Our Privacy Policy).

Information We Collect About You and How We Collect It

We collect several types of information from and about users of our Platform, including information:

• By which you may be personally identified, such as name, postal address, email address and telephone number ("Personal Information");
• That is about you but individually does not identify you, such as anonymized and aggregated datasets;
• About your agricultural operation ("Ag Data") which means any agricultural data as broadly understood in the agricultural industry, including, but not limited to, your agronomic data, application data, climate data, harvest data, invoice data, planting data, land data, machine data, pricing data, grain sales data, weather data, and the type of agricultural products you produce or services you use and purchase from third parties.
• About your internet connection, the equipment you use to access our Platform, and usage details.

We collect this information:

• Directly from you when you provide it to us.
• Automatically as you navigate through the Platform. Information collected automatically may include usage details, IP addresses, and information collected through cookies, web beacons, and other tracking technologies.
• From third parties, for example, our business partners through contractual relationships. In most circumstances, where the information we collect about you is held by a third party, we will obtain your permission before we seek out this information from such sources (such permission may be given directly by you or implied). From time to time, we may utilize the services of third parties and may also receive data collected by those third parties in the course of the performance of their services for us or otherwise. Where this is the case, we will take reasonable steps to ensure such third parties have represented to us that they have the right to disclose your information to us. When permitted by applicable law or regulatory requirements, we may collect information about you from other sources without your knowledge or consent.

As you navigate through and interact with our Platform, we may use automatic data collection technologies to collect certain information about your equipment, Browse actions, and patterns, including:

• Details of your visits to our Platform, including traffic data, location data, logs, and other communication data and the resources that you access and use on the Platform.
• Information about your computer and internet connection, including your IP address, operating system, and browser type.

The information we collect automatically is only statistical data and does not include personal information, but we may maintain it or associate it with personal information we collect in other ways or receive from third parties. It helps us to improve our Platform and to deliver a better and more personalized service, including by enabling us to:

• Estimate our audience size and usage patterns.
• Store information about your preferences, allowing us to customize our Platform according to your individual interests.
• Speed up your searches.
• Recognize you when you return to our Platform.

The technologies we use for this automatic data collection may include:

• Cookies (or browser cookies). A cookie is a small file placed on the hard drive of your computer. You may refuse to accept browser cookies by activating the appropriate setting on your browser. However, if you select this setting you may be unable to access certain parts of our Platform. Unless you have adjusted your browser setting so that it will refuse cookies, our system will issue cookies when you direct your browser to our Platform. For information about managing your privacy and security settings for cookies, see Choices About How We Use and Disclose Your Information.
• Web Beacons. Pages of our Platform and our emails may contain small electronic files known as web beacons (also referred to as clear gifs, pixel tags, and single-pixel gifs) that permit the Company, for example, to count users who have visited those pages or opened an email and for other related Platform statistics (for example, recording the popularity of certain website content and verifying system and server integrity).

We do not collect personal information automatically, but we may tie non-personal information collected automatically to personal information about you that we collect from other sources or that you provide to us.

How We Use Your Information

We use information that we collect about you or that you provide to us, including any Personal Information:

• To present our Platform and its contents to you.
• To provide you with information, products, or services that you request from us.
• To perform a contract with you or for your benefit.
• To fulfill any other purpose for which you provide it.
• To provide you with notices about your account, including expiration and renewal notices.
• To carry out our obligations and enforce our rights arising from any contracts entered into between you and us, including for billing and collection.
• To notify you about changes to our Platform or any products or services we offer or provide though it.
• To allow you to participate in interactive features on our Platform.
• In any other way we may describe when you provide the information.
• For any other purpose with your consent.

Disclosure of Your Information

Except as outlined below, we do not provide your information to another party without explicit consent from you. Use of the Platform does not grant Incite.ag the right to sell anonymized or aggregated data to third parties without further consent from you.

We may disclose your information as described in this Policy:

• To our subsidiaries and affiliates.
• To contractors, service providers, and other third parties we use to support our business and who are bound by contractual obligations to keep your information confidential and use it only for the purposes for which we disclose it to them.
• To a buyer or other successor in the event of a merger, divestiture, restructuring, reorganization, dissolution, or other sale or transfer of some or all of the Company's assets, whether as a going concern or as part of bankruptcy, liquidation, or similar proceeding, in which personal information held by the Company about our Platform users is among the assets transferred.
• To fulfill the purpose for which you provide it.
• For any other purpose disclosed by us when you provide the information.
• We may disclose aggregated information about our users, and information that does not identify any individual, with your consent. You have the right to opt out of any inclusion in aggregated datasets by sending an email to [email protected].

We may also disclose your information:

• To comply with any court order, law, or legal process, including to respond to any government or regulatory request.
• To enforce or apply our terms of use and other agreements, including for billing and collection purposes.
• If we believe disclosure is necessary or appropriate to protect the rights, property, or safety of the Company, our customers, or others. This includes exchanging information with other companies and organizations for the purposes of fraud protection and credit risk reduction.

Because we only work with businesses and their authorized representatives, we do not knowingly collect or solicit information from anyone under the age of 13. If you are under the age of 13, please do not attempt to register as a user of the Platform or send any information. If we learn we have collected information from a child under the age of 13, we will delete that information as quickly as possible. If you believe a child under the age of 13 may have provided us information, please contact us at [email protected].

Residents of certain states under 13, 16, or 18 years of age may have additional rights regarding the collection and sale of their personal information. Please see Your State Privacy Rights for more information.

Choices About How We Use and Disclose Your Information

We strive to provide you with choices regarding the information you provide to us. We have created mechanisms to provide you with the following control over your information:

• Tracking Technologies. You can set your browser to refuse all or some browser cookies, or to alert you when cookies are being sent. If you disable or refuse cookies, please note that some parts of this site may then be inaccessible or not function properly.

Accessing and Correcting Your Information

You can review and change your personal information by logging into the Platform and visiting your account profile page.

You may also send us an email at [email protected] to request access to, correct, or delete any personal information that you have provided to us. We cannot delete your personal information except by also deleting your user account. We may not accommodate a request to change information if we believe the change would violate any law or legal requirement or cause the information to be incorrect. Incite.ag maintains an original copy of your information for the duration of your use of the Platform. You may request access to your information at any time.

Residents of certain states may have additional personal information rights and choices. Please see Your State Privacy Rights for more information.

Your State Privacy Rights

California, Colorado, Connecticut, Delaware, Florida, Illinois, Indiana, Iowa, Kentucky, Minnesota, Montana, New Hampshire, Nebraska, New Jersey, Oregon, Rhode Island, Tennessee, Texas, Utah, and Virginia provide (now or in the future) their state residents with rights to:

• Confirm whether we process their personal information.
• Access and delete certain personal information.
• Correct inaccuracies in their personal information, taking into account the information's nature processing purpose (excluding Iowa and Utah).
• Data portability.
• Opt-out of personal data processing for:
  • targeted advertising (excluding Iowa);
  • sales; or
  • profiling in furtherance of decisions that produce legal or similarly significant effects (excluding Iowa and Utah).
• Either limit (opt-out of) or require consent to process sensitive personal data.

The exact scope of these rights may vary by state. To exercise any of these rights please email us at [email protected]. Please know we do not currently sell data triggering any statute's opt-out requirements.

Data Security

We have implemented measures designed to secure your personal information from accidental loss and from unauthorized access, use, alteration, and disclosure. All information you provide to us is stored on our secure servers behind firewalls.

The safety and security of your information also depends on you. Where we have given you (or where you have chosen) a password for access to certain parts of our Platform, you are responsible for keeping this password confidential. We ask you not to share your password with anyone.

Unfortunately, the transmission of information via the internet is not completely secure. Although we do our best to protect your personal information, we cannot guarantee the security of your personal information transmitted to our Platform. Any transmission of personal information is at your own risk. We are not responsible for circumvention of any privacy settings or security measures contained on the Platform. In the event of a breach of your personal information by an unauthorized person, we will investigate and if necessary, provide notice to you as required by applicable law.

Changes to Our Privacy Policy

We will post any changes we make to our Policy on this page with a notice that the Policy has been updated on the Platform home page. If we make material changes to how we treat our users' personal information, we will notify you by email to the primary email address specified in your account and through a notice on the Platform home page that describes or summarizes those material changes. The date the Policy was last revised is identified at the top of the page. You are responsible for ensuring we have an up-to-date active and deliverable email address for you, and for periodically visiting our Platform and this Policy to check for any changes.

Contact Information

To ask questions or comment about this Policy and our privacy practices, contact us at: [email protected]

Disputes About This Policy Or Relating To The Platform Generally Must Be Resolved By Binding Arbitration And On An Individual Basis Only As Specifically Set Forth In The Terms of Service.