PRIVACY POLICY
Last Updated: April 5, 2022
1. Introduction

This Privacy Policy (“Privacy Policy”) describes the Personal Information that AgVend Inc. (“AgVend” “we,” “us”) collects, uses and protects either through your use of AgVend’s website located at www.agvend.com (the “Website”), or any associated services (the “AgVend Services,” and together with the Website, the “Platform”),or through other uses as set forth in this Privacy Policy. “Personal Information” means information that determines the identity of an individual. This Privacy Policy describes our role as a “controller” of Personal Information, only. This Privacy Policy does not apply when we process Personal Information in our role as a “processor” (service provider) on behalf of our customers as part of our Platform.

2. Information We Collect
  • Access Registration. In order for you to access certain portions of the Website you may be required to register on the Website and create an account. When you register, you will be required to provide certain Personal Information, such as your name, email address, telephone number, mailing address, and other contact information.
  • Events. If you attend an event and we scan your badge, which will provide to us your information (name, title, company name, address, country, phone number and email address);
  • Community Registration. If you register for an online community that we provide, we may ask you to provide a username, photo or other biographical information, such as your occupation, location, social media profiles, company name, areas of expertise and interests;
  • Log Files. If you use and interact with our Website, we automatically collect information about your device and your usage of our services through log files and other technologies, some of which may qualify as Personal Information;
  • Surveys. If you voluntarily submit certain information to our Website, such as filling out a survey about your experience, we collect the information you have provided;
  • Office Visits. If you visit our offices, you may be required to register as a visitor and to provide your name, email address, phone number, company name and time and date of arrival
3. Data Collection Tools.

We use common information-gathering tools, such as tools for collecting usage data, cookies, web beacons, pixels, and similar technologies to automatically collect information that may contain Personal Information as you navigate our websites, our services, or interact with emails we have sent to you.

  • Automatically when you visit the Website
    • This information may include identifiers, commercial information, and internet activity information such as IP address (or proxy server information), device and application information, identification numbers and features, location, browser type, plug-ins, integrations, Internet service provider and/or mobile carrier, the pages and files viewed, searches, referring website, app or ad, operating system, system configuration information, advertising and language preferences, date and time stamps associated with your usage, and frequency of visits to the websites.
    • This information is used to analyze overall trends, help us provide and improve our Website, offer a tailored experience for Website users, and secure and maintain our Website.
  • Automatically (as a Controller) as part of our Platform.
    • This information may include identifiers, commercial information, and internet activity information such as IP address (or proxy server), mobile device number, device and application identification numbers, location, browser type, Internet service provider or mobile carrier, the pages and files viewed, website and webpage interactions including searches and other actions you take, operating system and system configuration information and date and time stamps associated with your usage.
    • This information is used to maintain the security of the Platform, to provide necessary functionality, to improve performance of the Platform, to assess and improve customer and user experience of the Platform, to review compliance with applicable usage terms, to identify future opportunities for development of the Platform, to assess capacity requirements, and to identify customer opportunities.
    • Some of the data collected by the Platform, whether alone or in conjunction with other data, could be personally identifying to you. Please note that this data is primarily used to identify the uniqueness of each user logging on (as opposed to specific individuals), apart from where it is strictly required to identify an individual for security purposes or as required as part of our provision of the Platform to our customers.
  • Cookies.
    • Required Cookies - Basic Website Functionality.
      • Examples: session cookies needed to transmit the website, authentication cookies, and security cookies.
      • If you have chosen to identify yourself to us, we may place on your browser a cookie that allows us to uniquely identify you when you are logged into the websites and to process your online transactions and requests.
      • There is no option to opt out.
    • Functional Cookies.
      • Examples: cookies used to analyze site traffic, cookies used for market research, and cookies used to display advertising that is not directed to a particular individual.
      • The Website uses functional cookies (using our own technology or third party technology) to track overall use and may be used to provide you with additional information about our products, respond to your inquiries, or (if applicable) to authenticate registration.
      • For example, the Platform also uses technologies called “tracer tags.” These may also be referred to as “Pixels,” “Clear GIFs” or “Web Beacons.” These technologies allow us to understand which pages you visit on our Website. We may link the information we record using tracking technologies to Personal Information we collect.
      • Additionally we use Google Analytics as a third party tracking service to collect information about how our website performs and how our users, in general, navigate through and use the Platform. This helps us evaluate how our users use the Platform; compile statistical reports on activity; and improve our content and Website performance. This service does not collect Personal Information. Google Analytics gathers certain simple, non-personally identifying information over time, such as your IP address, browser type, internet service provider, referring and exit pages, time stamp, and similar data about your use of the Platform. We do not link this information to any of your Personal Information. Google provides further information about its own privacy practices at www.google.com/policies/privacy/partners/, or other URL that Google may provide from time to time, and offers a browser add-on to opt out of Google Analytics tracking.
      • We may also utilize other third-party service providers to provide Platform analytics on an aggregated and anonymous basis. These third parties may use cookies, web beacons, and other technologies to collect information, which may include your IP address, content viewed and/or links accessed in order to provide such analytics.
      • You can use your browser settings to manage your preferences for allowing use of cookies and to delete existing cookies. However, if you disable cookies, you may not be able to access certain parts of the Website or use certain features or functionality of the Platform.
    • Advertising Cookies. Advertising cookies track activity across websites in order to understand a viewer’s interests, and to direct marketing to them.
      • We sometimes use cookies delivered by us or by third parties to show you ads for our products that we think may interest you on devices you use and to track the performance of our advertisements. For example, these cookies collect information such as which browser you used when visiting our websites.
      • We also contract with third-party advertising networks that collect IP addresses and other information from web beacons on our websites, from emails and on third-party websites. Advertising networks follow your online activities over time and across different websites or other online services by collecting device and usage data through automated means, including through the use of cookies. These technologies may recognize you across the different devices you use. When we work with third party advertising networks, we require them to restrict their data processing to only what is necessary to provide us with the advertising services we request.
      • You can choose to opt out of targeting and advertising cookies. To change your cookie settings and preferences, including those for targeting and advertising cookies, click the Cookie Preferences link on the page.
    • Notices on behavioral advertising and opt-out for website visitors.
      • We or one of our authorized partners may place or read cookies on your device when you visit our websites for the purpose of serving you targeted advertising (also referred to as “online behavioral advertising” or “interest-based advertising”). To learn more about targeted advertising and advertising networks please visit the opt-out pages of the Network Advertising Initiative, here, and the Digital Advertising Alliance, here.
      • To manage the use of targeting and advertising cookies on this website, click the Cookie Preferences link in the footer of the page or consult your individual browser settings for cookies. To learn how to manage privacy and storage settings for Flash cookies, click here. Various browsers may also offer their own management tools for removing HTML5 local storage.
  • Do Not Track. California law requires us to let you know how we respond to web browser Do Not Track (DNT) signals. Because there currently isn’t an industry or legal standard for recognizing or honoring DNT signals, we don't respond to them at this time.
4. How We Use Your Information

We may store, process and use Personal Information we collect through the Platform in order to:

  • Identify you when you visit the Website or request information from us;
  • Manage your access to the Platform;
  • Administer and communicate with you about your account, and verify your identity;
  • Manage our communications with you, including to notify you of any Platform changes;
  • Send you promotional and marketing communications;
  • Process, evaluate and respond to your requests, inquiries, applications and other requests submitted through the Platform, such as support requests;
  • Conduct the activities for which we provide specific notice to you at the time of collection or for which you specifically provide consent;
  • Analyze trends and evaluate and improve our Platform;
  • Perform market research on an aggregated basis, including as to the effectiveness of our advertising and marketing;
  • Ensure the safety of our network services, information resources, employees and customers;
  • Track use of our websites and services, creating aggregated non-personal data, verifying accounts and activity, investigating suspicious activity, and enforcing our terms and policies to the extent it is necessary for our legitimate interest in promoting the safety and security of the services, systems and applications and in protecting our rights and the rights of others;
  • Review compliance with the contracts and policies to the extent that it is in our legitimate interest;
  • Assess new potential customer opportunities to the extent that it is in our legitimate interest;
  • Conduct marketing research, advertise to you, provide personalized information about us on and off our websites based upon your activities and interests to the extent it is necessary for our legitimate interest;
  • If you register for a contest or promotion, we process your Personal Information to perform our contract;
  • Plan and host events or webinars for which you have registered or that you attend, including sending related communications to you, to perform our contract;
  • Register visitors to our offices and to manage non-disclosure agreements that visitors may be required to sign, to the extent such processing is necessary for our legitimate interest; and
  • Cooperate with public and government authorities, courts or regulators in accordance with our legal obligations under applicable laws to the extent this requires the processing or disclosure of Personal Information to protect our rights or is necessary for our legitimate interest.
5. How We May Share Your Personal Information

We may share Personal Information with third parties as follows:

  • To our current and future affiliates and subsidiaries for the purposes described in this Privacy Policy;
  • To our authorized service providers and suppliers who provide services to us such as website hosting, payment processing, data analysis, information technology and related infrastructure services, customer service, email delivery, auditing and similar services for the purpose of enabling them to provide such services;
  • To third parties to permit them to send you marketing and other communications you have elected to receive, subject to your designated communication preferences;
  • To third parties for purposes of which we provide specific notice to you at the time of collection;
  • As necessary or appropriate to comply with legal processes and/or to respond to requests from governmental authorities or to protect the rights, property or personal safety of AgVend or its employees or other users;
  • To a successor in the event of a direct or indirect merger, divestiture, restructuring, reorganization, dissolution or other sale or transfer of some or all of AgVend’s assets; and
  • To any entity for any products, services or companies we may acquire.
6. Your Rights as a Data Subject in the EU.

Data Subject Rights. If you are a “Data Subject” in the EU, and we collect or you provide us with any Personal Data as that term is defined under the General Data Protection Regulation (GDPR), the following applies:

  • You can ask us what Personal Data we hold, about you, and you can ask us to access it, have a copy of it, correct it if it is inaccurate, restrict the processing of it, object to the processing of it, erase it or withdraw your consent to us processing it, under certain circumstances.
  • To exercise your rights regarding your Personal Data by email, mail, or phone, please use the contact information provided at the bottom of this policy. We will respond to all legitimate requests within 30 days, where possible and will contact you should we require additional information in order to honor your request. You may also complain to the supervisory authority of the country in which you are located or to our EU representative.
  • Transfer. As you register on our Platform, your Personal Data is being stored outside of the EU on our servers in the United States. If we further transfer this Personal Data, it will be transferred to a Sub-processor that: (i) is located in a third country or territory recognised by the EU Commission to have an adequate level of protection; or (ii) we have entered into Standard Contractual Clauses with; or (iii) has other legally recognized appropriate safeguards in place, such as the Binding Corporate Rules. By submitting your Personal Data, you agree to this transfer, storing or processing of your Personal Data outside of the EEA and the UK.
  • Retention. We will retain your Personal Data for as long as necessary for the relevant activity for which it was provided or collected, in accordance with our then current data retention policy, unless you otherwise request that it be deleted sooner in accordance with this policy.
  • Marketing. Please note that, if you change your mind about being sent marketing emails you can “opt out” at any time by clicking the “unsubscribe” link at the bottom of any marketing email. Once you “opt out”, you will no longer receive any marketing emails from us. We will continue to communicate with you regarding your service billing and support via email.
  • DPO. Please note that we have a data protection officer (DPO) who can be contacted as follows:
    dpo@agvend.com.
  • EU Representative. Please note that we have a data protection officer (DPO) who can be contacted as follows:
    eurepresentative@agvend.com.
7. Your Rights As a “consumer” Under the Laws of the State of California
  • Consumer. If you are a “Consumer” and any Personal Information that we collect falls under the definition of “personal information” as that term is defined under the California Consumer Privacy Act (CCPA), the following applies:
  • You can ask us what Personal Information we hold about you, the source of the information, the use of your personal information, and you can ask us to access it, to have a copy of it, and to erase it, under certain circumstances (a “personal information request”) that was collected about you during the 12 months before your personal information request.
  • You can ask us if the information was disclosed to third parties, the categories of personal information disclosed to third parties and the categories of third parties to whom such information was disclosed.
  • To exercise your rights regarding your personal information by email, mail, or phone, please use the contact information provided at the bottom of this policy. When you make a personal information request, we will need to collect information from you so that we can verify your identity, and we will respond to all legitimate requests within 45 days.
  • We will retain your personal information in accordance with our then current data retention policy, unless you otherwise request that it be deleted sooner, in accordance with this Privacy Policy.
  • You have the right not to be discriminated against because of exercising any of your rights under the CCPA.
  • No Sale. We do not sell your Personal Information to any third parties.
8. Data Security

We are committed to maintaining the security of your Personal Information and take what we believe are reasonable and industry-recognized safeguards designed to protect against accidental, unlawful or unauthorized access, disclosure or use of your Personal Information. Nevertheless, transmissions over the Internet are never entirely secure and we cannot guarantee the security or the preservation of the integrity of any transmitted data. Please consider this fact before transmitting via the Platform any Personal Information or information that you consider confidential. The Personal Information we collect will be processed and stored on servers in the United States by us or our service providers. By submitting Personal Information via the Platform you consent to such storage and processing in such locations.

9. Managing your Personal Information; Contact Information

You may access, update, alter or delete your basic user profile information by editing your user profile. However, if you would like us to correct, update or delete the Personal Information that you have provided to us, you may contact us via email at support@agvend.com or by sending a letter to the following postal address below that includes your name, email address, account identification, and purpose of the request:

AgVend Inc.
Attn: Customer Service
Address: 201 W. 5th Street, 11th Floor, Austin, TX 78701

You may also contact us at the foregoing email address or mailing address for any other privacy-related concerns, including to opt out of any promotional emails or other marketing-related communications.

Please note that we may need to retain certain information for recordkeeping purposes, as required under applicable legal obligations. Some of your information may remain within our systems and other records, in compliance with applicable law.

10. Use by Children

The Platform is intended for use by persons who are 18 years of age or older. If you are under 18 years of age, your use of the Platform is expressly prohibited. If we discover that we have collected any Personal Information from a child under the age of 18, we will suspend the associated account and remove that information from our database.

11. Third Party Websites and Services

This Privacy Policy does not address, and we are not responsible for, the policies and practices of third parties or other organizations that are not AgVend service providers, including policies and practices related to privacy and security, data collection, processing, use, storage, and disclosure. Such parties include any third party operating any site or service to which the Website or Apps link (and the inclusion of a link on the Website does not imply endorsement of the linked site or service), and any mobile or other application provider, social media platform, operating system provider, wireless service provider, or device manufacturer, in each case used in connection with your use of the Website.

12. Revisions and Updates

We may change this Privacy Policy from time to time. The “Last Updated” date at the top of this page states when this Privacy Policy was last revised. Any changes to this Privacy Policy will become effective when we post the revised Privacy Policy and your use of the Platform following such update constitutes your acceptance of the revised Privacy Policy. We encourage you to periodically review this Privacy Policy to stay informed about how we collect, use, and share Personal Information.