Dynamite Ag™ Privacy Policy

(Effective October 14, 2019)

We at Dynamite Ag, Inc. and our Affiliates (collectively, the "Dynamite Ag Companies," "we," and "us," or "our") know you care about how Your Data is used and shared, and we take your privacy seriously. Please read the following to learn more about our Privacy Policy ("Policy").

When we refer to our "Affiliates" we mean our subsidiaries, including, but not limited to, PiKSi Dust Co, LLC and BBS Industries, LLC.

By using or accessing our websites, social media content, and in any other interactions you may have with us in any manner, you acknowledge that you accept the practices and policies outlined in this Policy, and you hereby consent, to the fullest extent permitted in your jurisdiction, that we will collect, use, and share Your Data in the following ways.

Important Notice:
This policy forms a part of and is governed by our terms of service. disputes about this policy or relating to the services generally must be resolved by binding arbitration and on an individual basis only as specifically set forth in the terms of service.

Scope.  This Policy covers our treatment of Your Data that you provide to us or that we gather when you are purchasing Products from Dynamite Ag and/or are accessing or using our Services, but not to the practices of companies we don’t own or control, or people that we don’t manage.  

"Ag Data" 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, weather data, and the type of agricultural products or services you use and purchase from us or other parties.

“Financial Data” means any credit, financial, or payment information, including, but not limited to assets and liabilities, bank account numbers, credit card numbers, credit history, employment history, income sources, payment history, payment preferences, and social security/social insurance number. Note: Financial Data provided by you or gathered about you by us from third parties in connection with a credit application or for other purposes may be subject to and protected by additional terms and conditions listed therein.

“Member Content” means any and all text, graphics, logos, tools, photographs, images, illustrations, software or source code, audio and video, animations, and product feedback that you provide through mediated channels including but not limited to our social media pages, emails, text messages, and/or any other interactions between you and Dynamite Ag or its Affiliates.

 “Personal Data” means any information other than Ag Data, Financial Data, or Member Content including, but not limited to: (a) Company name, points of contact, account users, employees, agents, responsible parties, etc., (b) contact information including, but not limited to, email address, business phone numbers, address, etc., (c) your pictures and likeness, (d) communications, information or other materials that you provide us, and (e) business relationship information, including information relating to your agreements with us, preferences, etc.

When we refer to “Data” we mean all four types of data defined above, and when we refer to “Your Data” we mean Data that you own and have granted us a license to use.

We gather various types of Data from you for the following purposes:

  1. we collect Personal Data from you to establish and manage our relationship with you, including setting up your user account and profile, contacting you about our Products and/or Services, managing your account, etc.;analyze, personalize and update the Service;
  2. we collect Financial Data to determine your financial eligibility for our Products and/or Services, extended terms or financing, manage our level of risk, administer or service your account, collect on your debt, including through collection or legal proceedings, and as otherwise necessary for the provision of extended terms and/or financing and the protection of our business;
  3. send you marketing materials and information that we believe may be of interest to you;
  4. protect us against error, fraud, theft and damage to our goods and property;
  5. enable us to comply with applicable laws or regulatory requirements; and,
  6. for any other permitted business purposes.

Since we only work with businesses and their authorized representatives, we do not knowingly collect or solicit Data from anyone under the age of 13. If you are under the age of 13, please do not attempt to register for the Services or send any Data. If we learn that we have collected Data from a child under the age of 13, we will delete that information as quickly as possible. If you believe that a child under the age of 13may have provided us Data, please contact us at curt@DynamiteAg.com

Changes.  We’re always working to improve the Services, so this Policy may need to change along with the Services. We reserve the right to change this Policy at any time, but if we do, we will bring it to your attention by placing a notice on the website, by sending you an email, and/or by some other means. If you don’t agree with the new Policy, you are free to reject them; but that means you will no longer be able to use the Services.

Information Collection.

Information You Provide to Us.  Your Data may be transmitted to/from and stored by us or third-party service providers in the U.S., Canada, and other countries should we choose to contract with foreign parties for purposes of data analysis and/or management. As such, Your Data may potentially be accessible to the law enforcement and national security authorities of those jurisdictions. For example, through the account registration process and/or through your account settings, we may collect Personal Data. We may also collect Financial Data in order to process payment for Products and/or Services. Certain information may be required to register with us, to take advantage of some of our features, or to order products from us.

We may communicate with you if you’ve provided us the means and consent to do so. We may use your Personal Data to send confirmations, promotions, invoices, technical notices, updates, security alerts, support, and administrative messages. For example, if you’ve given us your email address, we may send you promotional email offers on behalf of other businesses or if you have asked us to provide those businesses with you contact information so they can follow up with you, or email you about your use of the Services. Also, we may receive a confirmation when you open an email from us. This confirmation helps us make our communications with you more interesting and improve our services. If you do not want to receive communications from us, please indicate your preference by emailing curt@DynamiteAg.com.

When you visit and use Dynamite Ag web content such as our website or social media pages (“Applications”), we may use GPS technology, cell phone towers, wi-fi signals, or other similar technology to determine your current location to provide you with personalized, location-based services and content. If you have ‘background location’ turned on, the Application will, from time to time, tell us about your device’s location even if you are not directly interacting with the Application. Such location-based technology is integral to the functionality of the Application. Your location transmits through third party service providers that we utilize to provide you the Services. If you do not want us to use your location for the purposes set forth above, you should turn off the location services in your mobile phone settings and/or within the Application. While you may be permitted to allow or deny such location services and/or sharing of your device’s location, if you choose to deny such uses and/or sharing, we may not be able to provide you with the applicable personalized services and content used in Dynamite Ag’s products and services.

Information Collected Automatically; Cookies.  Whenever you interact with our Services, we automatically receive, cache, and record information from your browser or device, which may include your IP address and domain used to access our Services, location, device identification, “cookie” information, the type and version of browser and/or device you’re using to access our Services, the page or feature you requested, and the page you entered and exited at (“Traffic Data”). “Cookies” are identifiers we transfer to your browser or device that allow us to recognize your browser or device, record your preferences, and tell us how and when pages and features in our Services are visited, by how many people and for how long. We may use Traffic Data to provide support services to individually identified users. You may be able to change the preferences on your browser or device to prevent or limit your device’s acceptance of cookies, but this may prevent you from taking advantage of some of our features.

Our Services may include links to third party sites, content and ads that we believe our Customers may find useful. Our linking to third party sites does not constitute a recommendation or endorsement by us of any content or information available through such site. These third parties may also transmit cookies to your browser or device, when you click on ads that appear on the Services. Also, if you click on a link to a third-party website or service, a third party may also transmit cookies to you. Again, this Policy does not cover the use of cookies by any third parties, and we aren’t responsible for their privacy policies and practices. Please be aware that cookies placed by third parties may continue to track your activities online even after you have left our Services, and those third parties may not honor “Do Not Track” requests you have set using your browser or device.

We may use the Traffic Data we collect to customize content for you that we think you might like, based on your usage patterns. We may also use it to improve the Services – for example, this data can tell us how often users use a particular feature of the Services, and we can use that knowledge to make the Services interesting to as many users as possible, or for any and all permitted business purposes.

Information We May Collect From Other Sources. As a general rule, we collect information directly from you. 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 your actions.) 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.

We may also collect market-related information, which may include information concerning market trends and activities impacting our business or your business. This information may include contract terms, financial information and other information for the purpose of market analysis and strategic planning. In addition, we may also collect information related to our media, investor and public relations activities and information related to our interactions with financial and other advisors.

Our operations include, but are not limited to, activities related to: (i) creating and maintaining a farmer-to-farmer agronomic information network; (ii) using data science and machine learning to provide our Customers with insights about their fields and farming operations; (iii) the sale of farming related goods and services; and (iv) crop marketing. As such, we may also collect information from and about individuals and businesses participating in and/or impacted by these business activities.

Information Collected From Other Websites and Do Not Track Policy.  Through cookies we place on your browser or device, we may collect information about your use of our Services including the website visited prior to reaching www.DynamiteAg.com. We do not collect information about your online activity after you leave our Services. Just like any other usage information we collect, this information allows us to provide and improve the Services and customize your online experience, and otherwise as described in this Policy. Your browser may offer you a “Do Not Track” option, which allows you to signal to operators of websites and web applications and services (including behavioral advertising services) that you do not wish such operators to track certain of your online activities over time and across different websites. When you turn on the Do Not Track function in your browser, we stop collecting the information from your browser that allows us to tailor advertisements and other content specifically to you that is based on your visits to our advertising partners’ websites. Specifically, we stop collecting information from the unique browser cookie that links your browser to visits to third party sites. Do Not Track signals are set on a browser-by-browser basis, so you must set them on every browser you use if you do not wish to be tracked. Remember that this is just our Do Not Track policy, and we can’t and don’t make any promises about how third parties react when you set this signal on your browser.

Sharing of Your Data.  We neither provide nor sell your Your Data in personally identifiable form to anyone except as expressly permitted by this Policy, the Terms, or when you provide your consent.

We reserve the right to access, read, preserve, and disclose Your Data, as follows:

  1. as permitted or required by applicable laws or regulatory requirements, including, but not limited to, comply with search warrants, subpoenas or court orders;
  2. internally, across Dynamite Ag Companies to provide you the Products and/or Services,
  3. to enforce or apply our Terms of Service and other agreements; and
  4. to protect the rights, property, or safety of Dynamite Ag Companies, our employees, our Users, or others.

Information that’s no longer personally identifiable. We may anonymize Your Data so that you are not personally identified and by purchasing Products and/or utilizing Services offered by or through the Dynamite Ag Companies, you grant ownership of this anonymized Data to Dynamite Ag.  We may provide that information to our partners and third-party service providers and make it available through our Services. For example, we may anonymize Member Content that you provide through the Applications and index it to third party service providers. We may also provide aggregate usage information to our partners, who may use such information to understand how often and in what ways people use our Services, so that they, too, can provide you with an optimal online experience. However, we never disclose Your Data to a partner in a manner that would directly identify you personally, as an individual.

We may allow advertisers and/or merchant partners (“Advertisers”) to choose the demographic information of users who will see their advertisements and/or promotional offers and you agree that we may provide any of the information we have collected from you in non-personally identifiable form to an Advertiser, in order for that Advertiser to select the appropriate audience for those advertisements and/or offers. For example, we might use the fact you are located in Iowa City to show you ads or offers for Iowa City businesses, but we will not tell such businesses who you are. Or, we might allow Advertisers to display their ads to users with similar usage patterns to yours, but we will not disclose usage information to Advertisers except in aggregate form, and not in a manner that would identify you personally. Note that if an Advertiser asks us to show an ad to a certain audience or audience segment and you respond to that ad, the Advertiser may conclude that you fit the description of the audience they were trying to reach.

We may deliver a file to you through the Services (known as a “web beacon”) from an ad network. Web beacons allow ad networks to provide anonymized, aggregated auditing, research and reporting for us and for advertisers. Web beacons also enable ad networks to serve targeted advertisements to you when you visit other websites. Because your web browser must request these advertisements and web beacons from the ad network’s servers, these companies can view, edit, or set their own cookies, just as if you had requested a web page from their site. You may be able to opt-out of web beacon tracking conducted by third parties through our Services by adjusting the Do Not Track settings on your browser; please note that we don’t control whether or how these third parties comply with Do Not Track requests.

Third Party Service Providers. We employ other companies and people to perform tasks on our behalf and we may need to share Your Data with them to provide Services to you. For example, we may share Your Data with our third-party IT, data processing and payment processing service providers so that we can operate our business. We do not reveal personally identifiable Data to parties outside our affiliates for their independent use unless: (1) you request or authorize it; (2) the information is provided to help complete a transaction initiated by you; (3) the Financial Data is provided to a credit bureau or similar information reporting agency; or (4) the disclosure otherwise is lawfully permitted or required. Any third-party service providers which are engaged by us must agree to follow the privacy standards set by this Policy or similar standards.

Sharing Your Data with Other Dynamite Ag Companies Customers and Professionals.  Please note that the Applications and/or Services may allow you to share Your Data with other parties, including other Dynamite Ag Companies Customers and individuals or businesses with professional accounts, such as agronomists, applicators, experts, consultants, etc. (collectively, “Professionals”).  To the extent you share Your Data with others, you grant them a license to use and exercise all rights in Your Data, as permitted by the functionality of the Services. We are not responsible for how others use Your Data, or the advice or information they provide you when you share Your Data.

Business Transfers. We may choose to buy or sell assets. If we (or our assets) are acquired, or if we go out of business, enter bankruptcy, or go through some other change of ownership, or a grant of a security interest in all or part of us through, for example, an asset share or share sale, or some other form of business combination, merger or joint venture, Your Data could be one of the assets transferred to or acquired by a third party. Even if that happens, this Policy (including the provisions governing changes to this Policy) will continue to apply to the use of Your Data for 60 days after the completion of the asset transfer.  At that time, Your Data and its use will be subject to the privacy policy of the acquiring party.

Security of Personal Information.  In the event that Dynamite Ag creates any content that is designed to be exclusively available to our Customers, we may utilize technology that requires the creation of a Customer account.  Your account will be protected by a password for your privacy and security. You must prevent unauthorized access to your account and Your Data by selecting and protecting your password appropriately and limiting access to your computer or device and browser by signing off after you have finished accessing your account.

We endeavor to protect the privacy of your account and Your Data, but unfortunately, we cannot guarantee complete security. Unauthorized entry or use, hardware or software failure, and other factors, may compromise the security of user information at any time. In the event of a breach of Your Data by an unauthorized person, we will investigate and if necessary, provide notice to you by email or upon your next log in.

Access.  Through your account settings or if requested in writing, you may access, and, in some cases, edit certain types of Your Data, which may change as the Services change. If you have any questions about viewing or editing Your Data, please contact us at curt@DynamiteAg.com. When you update Your Data, however, we may maintain a copy of the unrevised Data in our records. There are instances where applicable law or regulatory requirements allow or require us to refuse to provide some or all of the Data we have about you.  In addition, the Data may have been destroyed, erased or made anonymous in accordance with our record retention obligations and practices.  In the event that we cannot provide you with access to Data, we will endeavor to inform you of the reasons why, subject to any legal or regulatory restrictions. 

FOR CALIFORNIA USERS ONLY: Under California Civil Code Sections 1798.83-1798.84, California residents are entitled to ask us for a notice identifying the categories of Personal Data that we share with our affiliates and/or third parties for marketing purposes, and providing contact information for such affiliates and/or third parties. If you are a California resident and would like a copy of this notice, please submit a written request to curt@DynamiteAg.com.

Choice.  It is important to us that we collect, use or disclose Your Data only where we have your consent to do so.  Depending on the sensitivity of Your Data, your consent may be implied, deemed (using an opt-out mechanism) or express.  Express consent can be given orally, electronically or in writing.  Implied consent is consent that can reasonably be inferred from your action or inaction.  For example, when you enter into an agreement with us, we will assume your consent to the collection, use and disclosure of Your Data for purposes related to the performance of that agreement and for any other purposes identified to you at the relevant time. Typically, we will seek your consent at the time that we collect Your Data.  In certain circumstances, your consent may be obtained after collection but prior to our use or disclosure of Your Data.  If we plan to use or disclose Your Data for a purpose not previously identified (either in this Policy, our Terms of Service, or separately), we will endeavor to advise you of that purpose before such use or disclosure. As we have described above, we may collect, use or disclose Your Data without your knowledge or consent where we are permitted or required to do so by applicable law or regulatory requirements.  You can always opt not to disclose Your Data to us, but keep in mind some Data may be needed to register with us or to take advantage of some of our Services.

Termination and Portability. You may request that we return a copy of any Ag Data that you submitted in the format that it was uploaded, or an equivalent format, by contacting us at curt@DynamiteAg.com at any time during a calendar year in which you have purchased Products or Services from Dynamite Ag.

Upon termination of this Policy, we may retain, use, and disclose Your Data: (a) for our accounting, tax, billing, audit, and compliance purposes; (b) to investigate fraud, spam, or unlawful use of the Products or Services; and/or (c) as required by applicable law.

After termination, we may continue to retain and use Your Data consistent with this Policy and our Terms of Service, or we may delete Your Data after thirty (30) days, but we are under no obligation to do so unless specifically required by applicable law. In certain cases, there may be technological or regulatory limitations to our ability to delete Your Data.

Interpretation of this Policy Any interpretation associated with this Policy will be made by our legal counsel.  This Privacy Policy includes examples but is not intended to be restricted in its application to such examples; therefore, where the word "including" is used, it shall mean "including without limitation".

FOR CANADIAN USERS ONLY: This Policy does not create or confer upon any individual any rights, or impose upon us any rights or obligations outside of, or in addition to, any rights or obligations imposed by Canada's federal and provincial privacy laws, as applicable. Should there be, in a specific case, any inconsistency between this Policy and Canada's federal and provincial privacy laws, as applicable, this Policy shall be interpreted, in respect of that case, to give effect to, and comply with, such privacy laws.

Contact.  If you have any questions or concerns regarding this Policy, please contact us at curt@DynamiteAg.com and we will endeavor to answer your questions and advise you of any steps taken to address the issues raised by you. If you are dissatisfied with our response, you may be entitled to make a written submission to the Privacy Commissioner in your jurisdiction.

Change Log. This change log is a summary only. You are responsible for reading and understanding this Policy.

October 14, 2019:  First version.