This
Privacy Policy (the “Privacy Policy” or “Policy”) describes AGRI IOT Group Ltd. (“Agri IOT”, “we”, “our”, or “us”) practices for processing Personal Data on our applications (“Application“).
When
we use the term “Personal Data” in this Privacy Policy, we mean
information that identifies, relates to, describes, is reasonably capable of
being associated with, or could reasonably be linked, directly or indirectly,
to an individual.
We
collect, use, process, share and store Personal Data
concerning individuals who use and access our services (“End User“).
End User
can be customers of our business customers, customers’
employees, representatives, administrators or other individuals authorized by
our business
customers to access and use the Application. End Users can also be individuals who have downloaded the
app and contacted us directly.
End User data can be one of the
following categories:
(1)
Private User
Data means
any Personal Data of our private customers’ who directly engage with Agri IOT
(hereinafter, “Private User“).
(2)
Business
User
Data means
Personal Data concerning end user of our business customers (hereinafter “Business User“).
(3)
Business
Contact Data means Personal Data
concerning our business customers’ (who directly engage with Agri IOT) internal
persons and representative (hereinafter,
“Business Contact“).
We processes
these categories of personal data differently because the direct relationship
we have with our Private User, is
different from the indirect relationship we have with the Business User of our business customers.
Read this Policy
and make sure you fully understand our practices in relation to your Personal Data,
before you access or use our Application. If you opposed to our practices, you
must immediately leave this Application, and avoid or discontinue all use of
the services. If you have further questions or concerns regarding this Privacy Policy
please contact us at: [email protected].
This
Privacy Policy is divided into the following sections:
Section 1 DATA CONTROLLER/DATA PROCESSOR
Section 2 LEGAL BASIS FOR PROCESSING
Section 3 PERSONAL
DATA WE COLLECT WHEN YOU USE OUR SERVICES AND PURPOSES
Section 4 COOKIES
Section 5 WITH
WHOM DO WE SHARE YOUR PERSONAL DATA?
Section 6 Transfer of Personal Information
outside Your Territory
Section 7 Rights regarding Personal DATA
Section 8 Data Retention
Section 9 INFORMATION SECURITY
Section 10 CHANGES TO THIS PRIVACY NOTICE
Section 11 CONTACT
1.
DATA
CONTROLLER/DATA PROCESSOR
The Regulation (EU) 2016/679 of the European Parliament and of
the Council of 27 April 2016 on the protection of natural persons with regard
to the processing of personal data and on the free movement of such data, and
repealing Directive 95/46/EC (“GDPR“) distinguishes
between the data controller, who determines the purposes and means of
processing; and the data processor, who processes the data on behalf of the
data controller.
Below we
explain how these roles apply to our Application:
1)
When Private
User enters into a service
agreement directly with us (i.e., B2C relationship), we process Private User Data for ours own purposes, as an independent data controller
and we assume the responsibilities of data controller, as set forth in this
Privacy Policy detailed in section 3.1.
2)
Agri IOT is also data controller of Business Contact Data. With respect to such
Data, we assume the
responsibilities of data controller, as set forth in this Privacy Policy.
3) When the user
does not enter into a service agreement directly with us but rather through our
business costumer (i.e., B2B relationship), we process Business User Data
as a data processor and on behalf of our customer who is the data controller of
such data. In this case we processes Business User Data strictly in accordance with our business customer’s
reasonable instructions. Notwithstanding, Agri IOT is
the data controller of Business User
Data collected through cookies, as detailed in section 4
below.
Our business customers are solely responsible for determining whether and
how they wish to use our services, and for ensuring that all individuals using
the Application on their behalf or at
their request, as well as all Business User Data that may be
included through the services (whether Agri IOT is a processor regarding such
data), have been provided with adequate notices and given informed consent to
the processing of their Personal Data, where such consent is necessary or
advised, and that all legal requirements applicable to the collection,
recording, use or other processing of data through our Application are fully
met concerning such Business User Data.
2.
LEGAL
BASIS FOR PROCESSING
We only process personal data where
we have a lawful basis to do so. The lawful basis will depend on the reasons we
collected the personal data and purposes we use your personal data, and may differ according to applicable data protection laws.
The lawful basis for processing will be: (a) If you are based
in Israel, when you gave us your consent for processing
data for one or more of the purposes listed above; or, (b) when processing is
required in order to take actions based on your request; (c) If you are based
in the EU/EEA, where we have a legitimate interest to process the your data.
For example, to identify and prevent abuse of the Application or to ensure the
security of the Application; and (d) To comply with any legal obligation that
may apply to us. For example, to disclose information to competent authorities.
3.
PERSONAL
DATA WE COLLECT WHEN YOU USE OUR APPLICATION AND PURPOSES.
3.1.
Private User
Data and Business User
Data
If you are Private User,
when you sign up for an account with us and use our Application, we ask you to
provide us with the following Personal Data:
·
Identification
data (e.g., first name, last name);
·
Contact
details (e.g., phone number, email address);
·
Payment
information – for Private User Data only (e.g., bank account, credit and your billing address).
·
Electronic network activity
information/”Cookie” Data (e.g., connectivity; date and time
of the use; time and length of the use; device data (like type, OS, device id,
locale and language settings used, operating system); activity log; session
recordings; log-in credentials to the Application). To collect this data we use
cookies and other tracking technologies (for more information please see
section 4 below).
If you are a Business User, please note that our business customer has provided
us with your Identification and Contact data (as details the above), and we ask you
to provide us with your Electronic network activity
information (including your location);
The types of location
data we collect depends in part on your device and account setting. For
example, depending on your selected device settings and/or your account
settings we may collect information about your location also while you are not
using the Application.
Please note that you
must turn on your location to access the Services, otherwise we will not be
able to provide you with the services.
3.2.
Business Contact Data
In order to provide our Business Customers with the services,
they shall provide us with personal data concerning their internal persons and
facility management teams, for example:
·
Identification data (e.g., first name, last
name, address, country);
·
Contact
details (e.g., email, phone number);
·
Business
details (e.g., company’s name, job title);
·
Communications (e.g., correspondences, calls);
3.3.
For what purposes do we use your Personal Data?
BUSINESS CONTACT DATA |
||
Purposes |
Example of use of Business Contact
Data |
EU Legal Basis |
Management of our commercial
relationship |
·
to
designate the customer’s representative with whom to discuss and deal; ·
to
invoice the purchase of our services. |
Necessary for the performance of
the contract concluded between Agri IOT and
the customer or partner, or distributor or supplier. |
Providing the services |
·
Provide
access to the Application; ·
Provide
technical support |
Necessary for the performance of
the contract. |
PRIVATE USER DATA |
||
Purposes |
Example of use of Private User
Data |
EU Legal Basis |
Management of our commercial
relationship |
·
to
discuss and deal our agreements; ·
to
invoice the purchase of our services; ·
to facilitate payment and communication. |
Necessary for the performance of
the contract. |
Providing the services |
·
Provide
access to the Application; ·
Provide
technical support; ·
Mapping
user plot; ·
Take
sample for N analysis; |
Necessary for the performance of
the contract. |
Creating
statistical, anonmyzed, de-identified and aggregated data from Personal Data
to improve Application |
·
to
monitor and analyze your use of our services; ·
to
develop, customize and improve our services or Application. |
Legitimate interest of Agri IOT to improve and enhance services or
Application |
Creating
statistical, anonmyzed, de-identified and aggregated data to support and enhance data security measures |
· to prevent and mitigate the risks
of fraud, error or any illegal or prohibited activity; · technical administration and
troubleshooting of the Application; · to diagnosis and repair services errors, and, in
cases of abuse, track and mitigate the abuse. |
Legitimate interest of Agri IOT to improve and enhance services or
Application |
Marketing and promotional purposes
|
· to send you marketing
communications; ·
to
contact you by e-mail with updates messages (e.g., new features and services). |
Your consent |
Business
User Data that we process on behalf of our business customers are processed according
to our customer’s requestsand instructions.
Therefore, our business customers, as data controllers are responsible for
determining the purposes and legal basis of such data.
Notwithstanding, we act as a Controller of Cookies
Data of Business User
when we process
such data for the
following purposes:
COOKIE DATA OF BUSINESS USER |
||
Purposes |
Example of use of Cookie Data of Business User |
EU Legal Basis |
Providing the services |
·
Mapping
user plot ·
Take
sample for N analysis |
|
Creating
statistical, anonmyzed, de-identified and aggregated data from Personal Data
to improve services |
·
to
monitor and analyze your use of our services; ·
to
develop, customize and improve our services or Application |
Legitimate interest of Agri IOT to improve and enhance services or
Application |
Creating
statistical, anonmyzed, de-identified and aggregated data to support and enhance data security measures |
· to prevent and mitigate the risks
of fraud, error or any illegal or prohibited activity; · technical administration and
troubleshooting of the Application; ·
to diagnosis
and repair services errors, and, in cases of abuse, track and mitigate the
abuse. |
Legitimate interest of Agri IOT to improve and enhance services or Application |
Marketing and promotional purposes
|
· to send you marketing
communications; ·
to
contact you by e-mail with updates messages (e.g., new features and services). |
Your consent |
ALL PERSONAL DATA |
||
Purposes |
Example of use of Contact Data and
User Data |
Legal Basis |
Pre-litigation or litigation
management |
·
to
take action against any identified security breach; ·
to
manage any dispute or litigation. |
Legitimate interest of Agri IOT in defending its rights and interests. |
Compliance with legal and
regulatory obligations |
·
to
perform any reporting and notifications obligations we may be subject to, to
competent governmental agencies and authorities; ·
to
process your requests to exercise your rights. |
Legal and regulatory obligations to which Agri IOT is subject. |
4.
COOKIES POLICY
This policy explains how
we uses cookies (or other tools) and your related choices. For more information,
please see our Privacy Policy: https://www.croptune.io/cookie-policy.
5.
WITH
WHOM DO WE SHARE YOUR PERSONAL DATA
We
may share the Personal Data collected for the provision of the services in the
following instances:
·
With service
providers:
We share your Personal Data with
our IT support and cloud and hosting providers for the purpose of assisting us
in providing the services.
·
With
analytics providers:
We share your internet and other electronic network activity information with
third party analytics providers that conduct analytics on our Applicaion.
·
In the
event of a corporate reorganization: In the event that we enter into,
or intend to enter into, a transaction that alters the structure of our
organization, such as a reorganization, merger, acquisition, sale, joint
venture, assignment, consolidation, transfer, change of control, or other
disposition of all or any portion of our assets, we would share your Personal Data
with third parties, including the buyer or target (and their agents and
advisors) for the purpose of facilitating and completing the transaction. We will
also share your Personal Data with third parties if we undergo bankruptcy or
liquidation, in the course of such proceedings.
·
For
legal purposes: We will share your Personal
Data where we are legally required to do so, such as in response to tax
obligations, court orders, law enforcement or legal process, including for
national security purposes; to establish, protect, or exercise our legal
rights, as required to enforce our terms of use or other contracts; to defend
against legal claims or demands; to detect, investigate, prevent, or take
action against illegal activities, fraud, or situations involving potential
threats to the rights, property, or personal safety of any person; or to comply
with the requirements of any applicable law.
6.
Transfer of
Personal Information outside Your Territory
We
store, process or maintain Personal Data in various sites worldwide, including
through cloud-based service providers. Where applicable, such as Personal Data
originating from Israel, by using AGRI IOT’s Application, you hereby provide
your informed consent to the transfer of your Personal Data to countries
outside your state or country to countries in which the level of data
protection may not be as protective as the level in your country.
When
we transfer Personal Data from within the European Economic Area (EEA) to
countries that are based outside the EEA, we will ensure that it is protected
and transferred in a manner consistent with legal requirements. In relation to
Personal Data being transferred outside of the EEA, this may be done in one of
the following ways:
·
The country
that we send the Personal Data to is approved by the European Commission as
offering an adequate level of protection for Personal Data;
·
in the absence
of an adequacy decision, other legally permitted safeguards such as the EU
Commission Standard Contractual Clauses (in the relevant module) for the
transfer of Personal Data to third countries, adopted by the European
Commission via its implementing decision of 4 June 2021, or any set of clauses
approved by the European Commission which amends, replaces or supersedes the
SCCs; or –
·
Further
details on the steps we take to protect your Personal Data, in these cases, is
available from us on request by contacting us by email at [email protected].
7.
Rights
regarding Personal DATA
Individuals have rights concerning their Personal Data.
0If you are based in the EEA, you are entitled to request us
to:
·
access your Personal Data in order to obtain clear, transparent
and understandable information on how we process your Personal Data and on your
rights (as provided in this Policy), as well as a copy of your Personal Data;
·
rectify your Personal Data in case your Personal Data are obsolete,
inaccurate or incomplete;
·
object the processing of your Personal Data when the processing is
based on Agri IOT’s legitimate interest. Agri IOT will no longer process your Personal
Data unless Agri IOT demonstrates compelling legitimate grounds for the
processing which override your interests, rights and freedoms, such as the
respect of a legal obligation (e.g. legal obligation involving the retention of
documents), or for the establishment, exercise or defense of legal claims;
·
in
certain circumstances under applicable laws, restrict the processing of some of your Personal Data
during a limited period of time;
·
withdraw your consent when it has been obtained and processing is
based on consent;
·
in certain circumstances under applicable laws,
request data portability, meaning that you can receive the Personal Data
originally provided by you in a structured and commonly used format or that the
data subject can request the transfer of the Personal Data provided by him or
her to another data controller;
·
in certain circumstances under applicable laws,
delete your Personal Data (also known as the right to be forgotten);
·
lodge a complaint with your national data protection authority.
If you are based in Israel, you are
entitled to request us to:
·
review your personal data that we process;
·
update,
amendment, and deletion of personal data which is
incomplete or outdated.
If you have any question or you want
to exercise any of your rights concerning Business User Data, please contact to
our customer (which you engage with). Our customers, as data controllers are
responsible for answering and implementing your request to exercise your rights
concerning Business User Data. If you send your request to us, we will transfer
it to the relevant business, in accordance with our agreement with such
customers. You may also send your request to exercise your rights directly to
our customer. If notwithstanding the above, from some reason, you need our help
to exercise your rights, you may contact us any time at: [email protected].
If you have any question or you want
to exercise any of your rights concerning Private User Data please contact us.
When you ask us to exercise any of your rights under this Policy and the
applicable laws, we may need to ask you to provide us with certain credentials
to make sure that you are who you claim you are, to avoid disclosure to you of
Personal Data which is related to others that you are not authorized to
receive, and to ask you questions to understand better the nature and scope of
data that you request to access.
If you have a complaint about how we use your Personal Data
(for which we are the
controller), we would always prefer you to
contact us first. However, you may also make a complaint to your local data
protection authority in the EEA country where we are based or where we monitor
your behavior. If you are unsure which data protection authority to contact,
please contact us at [email protected].
8.
Data Retention
When we act as a controller
concerning Personal Data, the length of time we store your Personal Data
depends on the purposes for which we collect and use it; as long as we deem it
reasonably necessary in order to maintain and expand our relationship and
provide you with our services; in order to comply with our legal and
contractual obligations; or to protect ourselves from any potential disputes
(i.e. as required by laws applicable to log-keeping, records and bookkeeping,
and in order to have proof and evidence concerning our relationship, should any
legal issues arise following your discontinuance of use), all in accordance
with our data retention policy.
Our business customers, as data
controllers of Business User Data are responsible for determining the retention
period. Therefore, we will process the personal data under their instruction
and will delete it in accordance with our data processing addendum or other
agreement with such customer. If you have questions or concerns regarding our
customer data retention period, please contact the respective customer
directly.
9.
INFORMATION
SECURITY
We
implement technical and organizational measures, such as access controls and
encryption, to protect Personal Data, in particular against potential data
breaches, either by accident or unlawfully, and against the destruction, loss,
modification, unauthorized access or divulgation.
However,
no security measure or modality of data transmission over the Internet is 100%
secure and we are unable to guarantee the absolute security of the information
we have collected from you.
10. CHANGES TO THIS PRIVACY NOTICE
We
may change this Privacy Policy from time to time. We will post the changes to
this page and will indicate the date the changes go into effect. If we make
changes that materially affect your privacy rights, we will notify you via email
and obtain your consent, if required.
11. CONTACT
If
you have any specific questions about this Privacy Notice, you can contact us
via email [email protected] or telephone by calling
+972-747373737.
Last
Updated: August 4, 2024
Copyright © 2024, Agri IOT Ltd. All rights reserved
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