GiSC Ag Data Use Agreement

 

Ag Data Use Agreement

 

This Ag Data Use Agreement (“Agreement”) explains how GiSC members’ Ag Data is stored, used, and shared with others when using the GiSC AgHub™ platform, website, associated apps, products, and services (collectively GiSC’s “Services”). “You” refers to the grower-member of GiSC. “GiSC” means Grower Information Services Cooperative.

1. The Information GiSC Collects

When using the Services, you have the ability to upload the following types of data to GiSC:

  • Irrigation Data. This includes information generated by irrigation equipment and field sensors to measure water usage, flow, pressure and related data. It can also include electric smart meter and engine hour meter data when used to estimate water use.
  • Agronomic Data. This includes crop and field information, such as planting data, seed type, yield, disease and pest management application, fertilization, and prescriptions.
  • Land Data. This includes soil and fertility data, topographical, elevation, watershed, and drainage data, geospatial information, and tillage and conservation data.
  • Farm Management Data. This includes information related to financial, tax, employment, commodity price, regulatory compliance, supply chain, and other management data.
  • Machine Data. This includes telematics information, machine health, fuel consumption, load, use, and other machine performance data.
  • Weather Data. This includes precipitation, wind speed and direction, temperature, and other weather information.

All of the information above is referred to as your “Ag Data” in this Agreement. These categories are provided for illustration and are not exhaustive.

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 GiSC’s Privacy Policy.

2. Your Ownership of Ag Data

You are the owner of Ag Data that originates from your farm, device, or equipment. GiSC believes that ownership should give you the right to share, download, and delete your Ag Data. Because GiSC treats you as the owner of Ag Data uploaded to your account, you agree not to upload data to the GiSC’s servers unless you are the owner or authorized to do so. You shall indemnify the GiSC 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 GiSC and other users of the Services as a result of any unauthorized access with your account. If your account with GiSC terminates, you have the responsibility to delete your Ag Data, or GiSC will assume you have abandoned all ownership claims in Ag Data. Once Ag Data is abandoned you give up any ownership rights and GiSC may delete your Ag Data without any obligation to you, or GiSC may anonymize and aggregate your Ag Data.

4. Data Sharing with GiSC

4.1. Limited License for GiSC. You grant GiSC a limited license to use your Ag Data in order to provide you the Services. This license allows GiSC to (1) store your Ag Data on servers owned or leased by GiSC; (2) share your Ag Data with third parties when you authorize; and (3) view your Ag Data if you request technical support.

4.2. No Aggregated Data Without Your Consent. GiSC’s default setting does not aggregate your Ag Data. You must “opt in” to participate in aggregated data sharing. If you opt in or abandon your Ag Data, GiSC 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 can be used by the GiSC for any lawful purpose.

4.3. Use of Third Parties to Process Data. To the extent the GiSC engages third parties to perform data processing on your Ag Data, these companies must abide by this Agreement at all times.

5. Data Sharing with Third Parties

GiSC’s Services provide you with the opportunity to share your Ag Data with third parties outside the GiSC. GiSC will obtain your consent prior to sharing your Ag Data with any of the follow types of third parties. Once Ag Data has been shared outside of GiSC’s Services, GiSC no longer has any control over how a third party may use your Ag Data. GiSC 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 GiSC account, user ID, login, and agree to GiSC’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 GiSC website.

5.2. Integrations. With your consent and direction, GiSC may also provide you with the ability to share your Ag Data with other technology providers through links established through GiSC and such third parties (“Integrations”). GiSC 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, GiSC may allow you to upload Ag Data directly from outside Integrations. Any uploads from third parties are subject to GiSC’s policies and contract terms.

5.3. Government. GiSC will not share your Ag Data with government agencies unless you provide your consent and direction. This promise will not prevent GiSC from complying with a court order or other valid government request that requires GiSC to legally disclose information to the government. GiSC shall notify you of any government request to obtain your Ag Data. GiSC 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 GiSC to respond.

6. Portability

You can download your Ag Data at any time as long as you maintain an active account with GiSC. In some circumstances, your Ag Data may not be retrievable in its original format.

7. Modifications

GiSC may revise this Agreement from time to time. GiSC will notify you by email or when you log into your account of any revisions. 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

GiSC 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, GiSC 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 info@GiSC.coop. Deletion of Ag Data will not cause any Aggregated Data to be deleted.

10. Storage and Retention

Ag Data is stored on servers owned or leased by GiSC. GiSC shall store your Ag Data as long as you have an active account with the GiSC, and for a period of thirty (30) days after termination. Thirty (30) days after termination of your account, GiSC will no longer have any obligation to retain your Ag Data.

11. Sale of GiSC

GiSC cannot be sold without the majority consent of its members like you. In the event the GiSC is sold to another company (meaning at least 51% of GiSC 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 GiSC’s Liability

GiSC 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 GiSC’s gross negligence, or (iv) an unauthorized user gaining access to your account because of your failure to protect your log in credentials.

13. Inquiries

Questions about this Agreement should be directed to info@GiSC.coop.

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