FieldDeck AgTech Inc. (“FieldDeck,” “we,” “us” or “our”) is committed to maintaining our customers’ and users’ privacy and the security of their personal information. This policy explains our practices as they relate to the collection, retention, use, and destruction of personal information. We’ve tried to keep it simple, but there might be some confusing language. If you’re unsure of the meaning of anything, please ask us.

This privacy policy (the “Policy”) explains:

• The type of personal information that we collect, and why we collect it;
• How that personal information is used; and
• The choices that you have regarding how to update your information.

Capitalized words and phrases used in this document but not defined herein have the meanings given in the Terms of Service, which incorporates this Policy by reference.

Personal information we collect

The information we collect from you, or from your use of our products, functionality and services (collectively, the “FieldDeck Offerings”), generally falls into one or more of the following categories:

• Your Content. We collect and store the content you upload into your Account through the FieldDeck Offerings. Your Content is yours. We store this data to keep it safe and synced across your devices and within your Account. How we use and process this information is detailed in this Policy and our Terms.
• Account information. To use the FieldDeck Offerings, we require you to sign up for an Account. Through this process we ask you for personal information such as your name, address, land location, business or bin/grain storage location, payment information, and email address. This information is associated with your Account and is provided by you as a necessary part of accessing the FieldDeck Offerings. Sometimes this information may be provided to a third party where it is necessary for that third party to provide the FieldDeck Offerings, and in those instances you consent to us providing that information to the third party.
• Information you submit. We may collect information you submit to us through your use of the FieldDeck Offerings and our website outside of the Account creation process, including inquiries, support tickets, forms you complete, employment applications, and other requests. We also acquire personal information in connection with your subscription and billing, such as your plan, billing history, payment-method preferences, and communication preferences. We use this information to respond to your inquiries, manage your subscription and other requests, and process your employment applications.
• Technical and device information. Like most websites and Internet services, we may collect certain technical and device information about your use of the FieldDeck Offerings and our website, such as your Internet protocol (IP) address; information about your device, browser and operating system; and the date and time of your interaction.
• Cookies. We may use “cookies,” or enlist third-party services that use cookies, to track your preferences and activities on our website. Cookies are small data files transferred to your device by a website; they keep a record of your preferences to make your subsequent visits more efficient. Most browsers are set to accept cookies but can be modified to block them — see your browser’s help files for more information. Note that without cookies, some functions of our website may not be available.

Your consent to collection, use and disclosure

We collect, use and disclose your personal information with your consent or as permitted or required by law. How we obtain your consent will depend on the circumstances and the sensitivity of the information collected. Subject to applicable laws, your consent may be express or implied. If you choose to provide personal information to us, we assume that you consent to the collection, use and disclosure of your personal information as outlined in this Policy.

Typically, we will seek your consent at the time your personal information is collected. Where we want to use your personal information for a purpose not previously identified at the time of collection, we will seek your consent before using the information for that new purpose.

You may withdraw your consent to our collection, use or disclosure of your personal information at any time by contacting us using the information in the “Contact us” section below. Before we implement a withdrawal of consent, we may require proof of your identity. In some cases, withdrawal of your consent may mean that we will no longer be able to provide certain products or services to you.

If you provide personal information about another individual to us, it is your responsibility to obtain that individual’s consent to enable us to collect, use and disclose their information as described in this Policy. We will hold that information to the same standards as your own personal information.

How we use your personal information

We only collect, use and disclose your personal information with your consent, which may be express or implied. We use your personal information in association with your Account to provide and personalize the FieldDeck Offerings. Where we have collected your personal information through your use of the FieldDeck Offerings and it can be used to improve your experience, we presume that we have implied consent.

We require payment information in order to process the subscription fees for your access to the FieldDeck Offerings. We do not store, nor are we able to access, your payment card details. All card information is collected and stored directly by Stripe, our third-party payment processor.

We use information collected from cookies and other technologies to improve your user experience and the overall quality of the FieldDeck Offerings. Some of these activities are automatic, while others are performed by our IT professionals and developers to respond to inquiries and other requests. These activities may be done at an individual level or on an aggregated and anonymized basis. To the extent that we are able, we anonymize data before processing it for development of the FieldDeck Offerings.

If you submit personal information for a specific purpose — for example, in response to a job posting, as a support ticket, or through a survey about the FieldDeck Offerings — we use it to process that interaction. Depending on the nature of the submission, we may further process that information for qualitative and quantitative analysis to develop and improve the FieldDeck Offerings.

In limited circumstances, it may be necessary to use personal information you have provided to investigate legal claims made against us. We may also use your information for purposes for which we have obtained your consent and for such other purposes as may be permitted or required by applicable law; we will ask for your consent before using information for a purpose not set out in this Policy.

We do not use the information we collect to provide advertising of third-party products and services, or targeted advertising across third-party websites or service offerings.

How we share your personal information

We rely on third-party service providers to perform a variety of services on our behalf, such as hosting, data storage and processing, and research and analytics.

Where we provide your information to a third-party service provider, we require that the provider maintain the confidentiality and security of your personal information, use it only for the limited purposes for which it is provided, and dispose of it when it is no longer needed for those purposes. In some circumstances we may permit providers to retain aggregated, anonymized or statistical information that does not identify you. We do not authorize service providers to disclose your personal information to unauthorized parties or to use it for their own direct-marketing purposes.

We may also use and disclose your information where we believe such use or disclosure is permitted, necessary or appropriate: (a) under applicable law, including laws outside your country of residence; (b) to comply with legal process; (c) to respond to requests from public and government authorities; (d) to enforce the terms of the agreements for our products and services; (e) to protect our operations or those of our affiliates or subsidiaries; (f) to protect our rights, privacy, safety or property, and/or those of our affiliates, you or others; and (g) to allow us to pursue available remedies or limit the damages we may sustain. If we otherwise intend to disclose your personal information to a third party, we will identify that third party and the purpose for the disclosure, and obtain your consent.

Retention of personal information

We will retain your personal information only for as long as necessary to fulfill the purposes for which it was collected and as permitted or required by law. When your personal information is no longer required, we will destroy it in a secure and confidential manner.

Information security

We have implemented physical, organizational, contractual and technological security measures to protect your personal information from loss or theft, unauthorized access, disclosure, copying, use or modification. Access to your personal information is granted only to personnel with a business ‘need-to-know’ or whose duties reasonably require such information.

Unfortunately, the transmission of information over the Internet is not completely secure. Although we do our best to protect your personal data, we cannot guarantee the security of data transmitted to, on or through our services, and any transmission is at your own risk. We are not responsible for circumvention of any privacy settings or security measures contained on our services or in your operating system.

What you can do

You share in the responsibility for ensuring that your personal information is adequately protected. While we take strong measures to protect your information, there are important steps you should take when accessing our services:

• Never leave your device unattended while using our service.
• Secure or erase files stored on your device so others cannot read them.
• Disable automatic password-save features in the software you use.
• Install new security patches as soon as your operating system and browser manufacturers make them available.
• Install and enable anti-spyware software, configured to run regular updates and scans.

International transfer and storage of information

Your personal information may be stored and processed in any country where we have facilities or engage third-party service providers. As a result, your personal information may be transferred to countries outside your country of residence, which may have different data-protection rules. While such information is outside your country, it is subject to the laws of the country in which it is located and may be subject to disclosure to the governments, courts, or law-enforcement or regulatory agencies of that country.

Children’s information

Our website is not intended for children under the age of 18, and we do not knowingly collect personal information from children under the age of 18. Children under the age of 18 should not use the FieldDeck Offerings or provide us with their personal information. If we discover that we have inadvertently been provided with personal information of a person under the age of 18, we will delete it as soon as possible.

Privacy statement updates

This Policy is current as of the “last updated” date at the top of this page. We may modify this Policy from time to time. When changes are made, they become effective when published in a revised Policy posted on our website, unless otherwise noted. We will not reduce your rights under this Policy without your explicit consent. By submitting your personal information to us, or by otherwise accessing or using our service after we publish a notice about changes to this Policy, you consent to our collecting, using and disclosing your personal information as set out in the revised Policy.

Contact us

If you have questions about this Policy, our Privacy Officer will be happy to help:

FieldDeck AgTech Inc.
Attention: Privacy Officer
Email: support@fielddeck.ag
8-1521 Trinity Dr, Mississauga, ON  L5T 1P6, Canada

This Policy, and all correspondence and documentation relating to it, will be written in the English language. Vous acceptez que cette politique, ainsi que toute la correspondance et la documentation qui s’y rapporte, soient rédigées en langue anglaise.

These Terms of Service (these “Terms”) are a contract between you and FieldDeck AgTech Inc. (“FieldDeck,” “we,” “us” or “our”) governing your access to and use of the FieldDeck platform, including our websites, web and mobile applications, and related services (collectively, the “FieldDeck Offerings”). Please read them carefully. By creating an account, or by accessing or using the FieldDeck Offerings, you agree to be bound by these Terms. If you do not agree, do not access or use the FieldDeck Offerings.

Changes to these Terms

The FieldDeck Offerings are continually evolving, and we may update these Terms from time to time — for example, to reflect changes in the law, new features, or changes to our business practices. The most recent version will always be posted on our website. If a change materially affects your rights or responsibilities, we will provide reasonable advance notice (such as by email or an in-product notice). If you continue to use the FieldDeck Offerings after a change takes effect, you agree to the updated Terms.

Eligibility

To use the FieldDeck Offerings you must be at least 18 years old and able to form a binding contract. If you are using the FieldDeck Offerings on behalf of a business or other organization, you represent that you are authorized to bind that organization to these Terms, and “you” refers to that organization.

Your account

To use most features of the FieldDeck Offerings, you must create an account. You agree to provide accurate, current and complete information and to keep it up to date. You are responsible for maintaining the confidentiality of your login credentials and for all activity that occurs under your account. Notify us promptly at support@fielddeck.ag if you suspect any unauthorized use of your account.

If your plan allows you to invite team members or other authorized users, you are responsible for their use of the FieldDeck Offerings, for ensuring they comply with these Terms, and for managing their access.

Subscriptions, fees and billing

The FieldDeck Offerings are provided on a subscription basis. By subscribing, you authorize us and our third-party payment processor, Stripe, to charge your selected payment method the applicable subscription fees, plus any applicable taxes, on a recurring basis according to the plan and billing period you choose.

• Automatic renewal. Subscriptions automatically renew for successive billing periods unless you cancel before the end of the current period.
• Cancellation. You may cancel at any time. Cancellation takes effect at the end of your current billing period, and you will retain access until then.
• Refunds. Except where required by law, subscription fees already paid are non-refundable.
• Price changes. We may change subscription fees from time to time. We will give you reasonable notice, and any change will take effect on your next renewal.
• Failed payments. If a charge cannot be processed, we may suspend or limit your access to the FieldDeck Offerings until payment is resolved.

We do not store or have access to your full payment card details; all card information is collected and stored directly by Stripe.

Your data and content

You retain all ownership of the data, records, files and other content you submit to the FieldDeck Offerings (“Your Content”). We do not claim ownership of Your Content. You grant us a limited, non-exclusive licence to host, store, process, transmit, back up and display Your Content solely as necessary to provide, maintain, secure, support and improve the FieldDeck Offerings for you.

We do not sell Your Content, and we do not make Your Content public. We may create and use aggregated and de-identified information that does not identify you or your operation to operate and improve the FieldDeck Offerings. You are responsible for Your Content and represent that you have the rights necessary to submit it and that it does not infringe the rights of others.

Acceptable use

You agree to use the FieldDeck Offerings only for lawful purposes and in a professional manner, and to comply with all applicable laws. You agree not to:

• use the FieldDeck Offerings in any unlawful, fraudulent, or misleading way, or misrepresent your identity or business;
• upload or transmit any viruses, malware, or other harmful code, or otherwise interfere with or disrupt the FieldDeck Offerings;
• attempt to gain unauthorized access to any part of the FieldDeck Offerings, other accounts, or our systems;
• scrape, copy, or replicate any part of the FieldDeck Offerings by any means, except as permitted by their normal functionality;
• reverse engineer, decompile, or attempt to derive the source code of the FieldDeck Offerings, except to the extent permitted by law;
• infringe the intellectual property, privacy, or other rights of any third party; or
• use the FieldDeck Offerings to send unsolicited messages or spam, or to harass, threaten, or harm others.

You can report misuse or violations of these Terms by contacting us at support@fielddeck.ag.

Our intellectual property

The FieldDeck Offerings, and all software, text, graphics, user interfaces, trademarks, logos, and other content we provide (other than Your Content), are owned by us or our licensors and are protected by intellectual property laws. We grant you a limited, non-exclusive, non-transferable, revocable licence to access and use the FieldDeck Offerings for your internal business purposes in accordance with these Terms. You may not use the FieldDeck name or marks without our prior written permission. We reserve all rights not expressly granted.

Third-party services and app stores

The FieldDeck Offerings may rely on, or interoperate with, third-party services and platforms (for example, Stripe for payments, cloud hosting providers, and the Apple App Store and Google Play). Your use of those services may be subject to their own terms, and we are not responsible for them. If you access the FieldDeck Offerings through an app store, you also agree to comply with that store’s applicable terms.

Availability and changes to the service

We may modify, suspend, or discontinue all or part of the FieldDeck Offerings at any time. We will use reasonable efforts to provide notice of significant changes. We do not guarantee that the FieldDeck Offerings will always be available, uninterrupted, or error-free.

Communications

We may send you service-related communications, such as account, billing, security, and support messages, as part of providing the FieldDeck Offerings. We may also send product updates and offers; you can opt out of non-essential marketing messages at any time. If you enable SMS notifications or two-factor authentication, message and data rates may apply.

Suspension and termination

You may stop using the FieldDeck Offerings and close your account at any time. We may suspend or terminate your access if you breach these Terms, if required by law, or to protect the FieldDeck Offerings or other users. Upon termination, your right to use the FieldDeck Offerings ends. Provisions that by their nature should survive termination — including ownership, disclaimers, limitation of liability, and indemnity — will survive. Following termination, we will handle Your Content in accordance with our Privacy Policy; you are responsible for exporting any of Your Content you wish to keep before your account is closed.

Disclaimers

The FieldDeck Offerings are provided on an “as is” and “as available” basis, without warranties of any kind, whether express or implied, including implied warranties of merchantability, fitness for a particular purpose, title, and non-infringement. We do not warrant that the FieldDeck Offerings will be uninterrupted, secure, error-free, or that any information they provide is accurate or complete. You are responsible for your own business and operational decisions; the FieldDeck Offerings are tools to support those decisions, not a substitute for professional advice.

Limitation of liability

To the maximum extent permitted by law, FieldDeck and its directors, officers, employees, and agents will not be liable for any indirect, incidental, special, consequential, or punitive damages, or for any loss of profits, revenue, data, or goodwill, arising out of or relating to your use of the FieldDeck Offerings, however caused and on any theory of liability. To the maximum extent permitted by law, our total aggregate liability arising out of or relating to these Terms or the FieldDeck Offerings will not exceed the amount you paid to us for the FieldDeck Offerings in the twelve (12) months preceding the event giving rise to the claim. Some jurisdictions do not allow certain limitations, so some of the above may not apply to you.

Indemnity

You agree to indemnify, defend, and hold harmless FieldDeck and its directors, officers, employees, and agents from and against any third-party claims, damages, losses, liabilities, costs, and expenses (including reasonable legal fees) arising out of or related to: your use of the FieldDeck Offerings; Your Content; your breach of these Terms; or your violation of any law or the rights of any third party.

Governing law

These Terms and your use of the FieldDeck Offerings are governed by the laws of the Province of Ontario and the federal laws of Canada applicable therein, without regard to conflict-of-laws principles. You agree to the exclusive jurisdiction of the courts located in Ontario, Canada, and you agree not to file or participate in a class action against us, to the extent permitted by law.

General

These Terms, together with our Privacy Policy, are the entire agreement between you and FieldDeck regarding the FieldDeck Offerings and supersede any prior agreements. If any provision is found unenforceable, the remaining provisions will remain in full force and effect. Our failure to enforce any right or provision is not a waiver of that right or provision. You may not assign or transfer these Terms without our prior written consent; we may assign them without restriction. The FieldDeck Offerings may contain links to third-party websites or resources, which we do not control and are not responsible for.

Contact us

FieldDeck AgTech Inc.
Email: support@fielddeck.ag
8-1521 Trinity Dr, Mississauga, ON  L5T 1P6, Canada