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Privacy Policy

Last updated: May 1, 2018

Pinnacle’s Privacy Policy and Your Privacy Rights

This privacy policy (“Privacy Policy”) sets forth the privacy practices carried out with respect to information accessible to Pinnacle Agriculture Holdings, LLC (“Pinnacle”, “us”, “our” or “we”) by your, the user of our websites and services and any company or other entity on whose behalf you act by accessing or using our website and/or services (“you”, “your”, or “user”), use of any website that links to this policy, or of any pages, facilities, services, or capabilities accessible on or by any domain owned by us (each, a “Website”). If you do not agree to all of the terms, conditions, and practices set forth below, do not access any Pinnacle Website or any of its pages. Use of a Website or any of its functions (other than to view this Privacy Policy or the Terms and Conditions for the first time) is an acceptance of the terms, conditions, and practices described in this Privacy Policy and in our terms and conditions, available at http://www.pinnacleag.com/website-terms (“Terms and Conditions”). By submitting personal information to us, you give us permission to receive it, review it, edit it, store it and use it for the purposes described in this Privacy Policy.

1. Information Collection and Use

A Website is capable of collecting certain information about persons who access a Website or attempt to use its account functions. You can choose not to provide certain information, but then you might not be able to take advantage of certain features on a Website, such as purchasing products or services from us and order tracking. Types of information that are or may be collected by a Website, and uses of that information are set forth below. We are the sole owner of the information collected on a Website. To the extent that we provide access to this information to others, the parameters for disclosure are described in this statement. We collect information from our users at several different points on our Websites. This Section 1 sets forth the types and sources of data collected, along with some specific uses of each type of data. Additional uses of data are described in Section 2.

a. Registration and Applications

In all cases and for all users of a Website, a user must agree to this Privacy Policy and does so by voluntarily accessing the Website. In order to use some portions of a Website, such as our e-commerce services, a user may first need complete a registration form. During registration a user is required to give verifiable business contact and identity information. This information is used to establish the identity of account holders and will be retained. The information will, where possible, be confirmed by such methods as may be available to us from time to time, including those listed in the remainder of this Section 1. If you submit an application for a product, service, including, without limitation, any Financial Services (defined below), or information to us through any Website, we will collect and retain the content of the application that we receive, the email address from which it is sent, and our response.

b. Electronic Mail and Forms

Transmission of email sent to us through our Website using our customer service web forms is “secure” by using Secure Sockets Layer (SSL) software, which encrypts information you input. Please be aware that when you receive a receipt acknowledging your email, it means that the message has been routed into the Internet, and not that the message has been received by us. We may retain the content of any customer service web form or email that we receive, the email address from which it is sent, and our response. Content and other information related to e-mails sent by user to us may be used as testimonials or for other marketing purposes, except that no marketing communications unrelated to the subject matter of the submission will be sent to the e-mail address from which such e-mail or form is sent unless the user specifically elects to receive additional marketing materials or we obtain the e-mail address through another avenue that permits such use. In all cases, e-mail addresses may be compared to subscription or customer lists of Pinnacle and its business partners.

 

c. Search Engine

When a user performs a search on a search engine within a Website, we may collect information regarding the search query and topic to assess areas of interest to users of a Website in general. Such information is not tied to individual identities in any way except that the query (or a record of location of results for the query) may be maintained on the user’s computer by means of a cookie (see Section 1(e) below) for the conveniences of the user. As necessary to provide service, we also may record information for every search request (disassociated from personally identifiable information) and use that information to solve technical problems with the service and to calculate overall usage statistics.

d. Other Sources

We might receive information about you from other sources and add it to our account information. Examples of information that we receive from other sources include updated delivery and address information from our carriers or other third parties, which we use to correct our records and deliver your next purchase or communication more easily; account information, purchase or redemption information, and page-view information from some merchants for which we provide services.

e. Cookies and Geographic Location

A cookie is a piece of data stored on a user’s hard drive containing information about the user. A Website employs cookies, to provide you certain features, such as order tracking and features of our e-commerce services, but will not use cookies to obtain data from your hard drive. Users can set their browsers or third party software to reject cookies. If a user rejects the cookie, it may be unable to track orders online, use portions of our Website that require registration and a Website experience will not be capable of being tailored to you from visit to visit. Cookies enable us to track and target the interests of our users to enhance the experience on our Website. These and similar types of information may also be collected by “web-bugs,” or pixel tags, and other means. Pixel tags, also known as pixels or web beacons, help us better manage user experience and content tracking. Pixel tags are tiny graphics with a unique identifier, which provide a similar function to cookies and are used to track user interaction with content provided by us or an affiliate or third party organization. In contrast to cookies, which are stored on a user’s computer hard drive, pixel tags are embedded invisibly within content. The small size and transparency of pixel tags are not intended to deceive content recipients, but minimize distraction. Please review our cookie policy, available at https://www.pinnacleag.com/cookie-policy, to see how we and our partners and advertisers use cookies.

f. Log Files

We use e-mail addresses, passwords, computer and connection information such as browser type, browser language, version, and time zone setting, browser plug-in types and versions, operating system and platform, unique device identifiers, CallerID/automatic number identification, transactions with APIs (advance program interfaces), transactions with IVR (interactive voice response) systems, hardware information, hardware and system settings, IP addresses and web server log files to analyze trends, administer a Website, track users’ movement, and gather broad demographic information which we sometimes aggregate with similar information from other customers to create features for a Website. Additionally, in areas of a Website requiring registration, we may use this information from time to time to police a Website for unregistered users (but we undertake no obligation to do so). Information of this type may be combined with cookies or other sources of information for these purposes. Specifically, through the use of web server log files, any or all of the following information may be accessed, collected, analyzed, and stored during or after your visits to our Website: the name of the domain from which you access the Internet; the date and time you access our Website; the pages that you visit on our Website and the sequence in which you visit them; the amount of time that you spend on any given page of our Website; the Internet address of a Website that you visited immediately before visiting our Website; the Internet address of a Website from which you linked directly to our Website, if any; the Internet address of a Website that you visit immediately after leaving our Website; the type of operating system on your computer; the type of browser that you are using to view a Website. These and similar types of information may also be collected by “web-bugs,” or single-pixel gifs and other means.

g. Newsletter

If a user wishes to subscribe to a newsletter of a Website, we may ask for contact information such as name and email address. This information will be used to provide the newsletter and for any purposes elected by the user in the subscription form, and may be compiled with other information as described herein. If you do not want to receive email or other communication from us we will provide a method for you to opt-out or you can email us at: customersupport@pinnacleag.com. If you choose not to receive Terms and Conditions and other legal notices from us, these notices will still govern your use of a Website, and it is your responsibility to review them for changes.

h. Geolocation Information

Depending on your use of the services we provide, the Websites you visit, and your computer or mobile or other type of device’s settings and permissions, we may collect your precise or approximate geolocation information as determined through collecting your data such as GPS, IP address, and WiFi or through our use of cookies.

i. Financial Services

Users may apply for credit or loans through a Website to purchase our products solely for a user’s business and commercial purposes (“Financial Services). In order to apply for Financial Services, each user will be required to provide certain information about themselves, including, without limitation, name, address, email address, telephone number, social security number, income, and credit score (collectively, “Financial Services Data”).

2. Internal Use

We may use the information obtainable from a Website for editorial and feedback purposes and for the following purposes, without limitation.

a. Marketing

We may provide aggregate information from the sources listed in Section 1 to our in-house and independent sales representatives. We may also use the information for marketing and promotional purposes, for a statistical analysis of visitors’ behavior, for product development, to inform advertisers as to how many visitors have seen or clicked on their advertisements, to target markets and to formulate our own proprietary business strategies and plans. Any information that you actively supply to us, such as names, postal and email addresses, and phone numbers may be added to our databases and if you elect to allow such use, may be used by us to contact you regarding Website updates, new products and services and for any other purpose specifically allowed by you when you supply such information.

b. Sales

Where completion of a sale or shipment requires the use of information, such as your credit card information, bank account information, Financial Services Data (if applicable), shipping and billing addresses, and contact persons, we may use the information to the extent necessary to complete the transaction.

c. Web Development and Enhancement

We may use the data collected to analyze trends, administer a Website, track users’ movement, and gather broad demographic information for aggregate use, to monitor (but we have no obligation to do so) or to improve the use and satisfaction of a Website, and to customize, upgrade, or configure the layout and content of a Website.

d. Financial Services Applications

We will use the Financial Services Data to determine whether you may be approved for our financial services, including, without limitation, the amount of a loan or credit extension, interest rate, and certain repayment terms and conditions. As described below in Section 3(g), we may use third parties to help in our determination of approving you to receive Financial Services from us. By applying for our financial services, you explicitly consent to our and our third parties’ collection, use, sharing (as permitted by this Privacy Policy), and storage of your Financial Services Data to evaluate your creditworthiness and, if approved, to provide you with such financial services.

3. Sharing

a. General

We may share aggregated demographic information with our affiliates, partners and advertisers. This is not linked to any personal information that can identify any individual person.

b. Transaction Requirements

We may use outside shipping companies to perform functions on our behalf. Examples include, fulfilling orders, shipping orders, providing information to outside credit reporting agencies to assess requests for credit, and providing outside credit card processing companies to bill users for goods and services they purchase from Pinnacle. They have access to personal information needed to perform their functions, but may not use it for other purposes. These companies do not, to our knowledge, retain, share, store or use personally identifiable information for any secondary purposes, but we do not undertake to confirm, investigate, or police their privacy or security practices.

c. Partnering

We may from time to time partner with another party to provide specific services. When a user signs up for these services, we will share only the names and other information that is necessary for the third party to provide these services. These parties do not to our knowledge retain, share, store or use personally identifiable information except for the purpose of providing these services, but we do not undertake to confirm, investigate, or police their practices.

d. Business Transfers

As we continue to develop our business, we might sell or buy stores, subsidiaries, or business units. In such transactions, customer information generally is one of the transferred business assets but remains subject to the promises made in any pre-existing Privacy Notice (unless, of course, the customer consents otherwise). Also, in the event that Pinnacle decides to reorganize or divest all or part of its business through assignment, merger, acquisition, bankruptcy proceedings, or sale of substantially all of our assets , your customer information will of course be one of the transferred assets. In these circumstances, your personal information may be shared with the actual or prospective purchasers or assignees, or with the newly acquired business.

e. Compliance with Terms and Conditions and the Law

We release account and other personal information when we believe release is appropriate to comply with the law; enforce or apply our Terms and Conditions and other agreements; or protect the rights, property, or safety of Pinnacle, our users, or others. This includes, without limitation, exchanging information with other companies and organizations for fraud protection and credit risk reduction. To the extent required by applicable federal or state law, we may be required to disclose your personal information in response to lawful requests by public authorities, including to meet national security or law enforcement requirements. Obviously, however, this does not include selling, renting, sharing, or otherwise disclosing personally identifiable information from customers for commercial purposes in violation of the commitments set forth in this Privacy Policy.

f. Consent

Other than as set out above, you will receive notice when information about you might go to third parties, and you will have an opportunity to choose not to share the information.

g. Financial Services and Third Parties

In order to provide users with Financial Services, we share the applying user’s Financial Services Data with Equifax Information Services LLC (“Equifax”) to help us determine if the user may be approved to receive our Financial Services. Equifax is bound to keep each user’s Financial Services Data secret and to not use the Financial Services Data except to help us approve users for Financial Services, as long as the information is not: (a) publicly known; (b) received from another party without obligation to keep the user’s information secret; (c) already known to Equifax before we shared the user’s Financial Services Data with Equifax; and (d) independently developed by Equifax without using the user’s Financial Services Information.

4. Links

A Website may contain links to other sites. Please be aware that we are not responsible for the terms of use or privacy practices of such other sites unless it is also a Website owned or controlled by us, including, without limitation, the third parties we use for credit card processing services when you purchase a product through one of our Websites and your application for Financial Services. We encourage our users to be aware when they leave our Website and to read the privacy statements of each and every website that collects personally identifiable information. This Privacy Policy applies solely to information collected by a Website on the domains owned and controlled by us.

5. Credit Card Processing and Data Security

We do not receive funds directly from you when you purchase products through our Website. We utilize a third party credit card payment processing gateway, provided by First Data Corporation (“First Data”), who provides the infrastructure and security necessary to provide secure transmission of your credit card transaction data when you purchase products through one of our Websites. First Data’s privacy policy is available at https://www.firstdata.com/en_us/privacy.html, which is incorporated by reference herein. We can only accept credit cards for processing through our secured payment processing gateway. Although we do not control the security environment for them and cannot make any guarantees regarding the secure processing of your credit card transaction data, we want to inform you that our credit card processor is compliant with the Payment Card Industry Data Security Standard (“PCI DSS”). We demand that our credit card processors are compliant with PCI DSS. PCI DSS is the bankcard industry’s stringent security standard. Examples of our credit card processor’s security measures include: physical, electronic, and procedural safeguards; sophisticated security monitoring tools; documented security policies; use of strong encryption for transmissions of order information to and from our customers; and restricting access to personal information.

6. Confidentiality and Security

Our Websites take precautions to protect our users’ information. When a user submits sensitive information via a Website, the information is protected both online and off-line as set forth in this section. All requests for financial and business sensitive information (to the extent such sensitivity is known), and all responses in the normal course thereto are encrypted and protected with SSL encryption software. You can confirm that pages are encrypted by viewing the lock icon on the bottom of most browsers. We restrict access to personal information collected about you at our Website to our employees, our affiliates' employees, or others who need to know that information to provide services to you or in the course of conducting our normal business operations. While no website can guarantee security, we maintain appropriate physical, electronic, and procedural safeguards to protect your personal information collected via the Website. We protect our databases with various physical, technical and procedural measures and we restrict access to your information by unauthorized persons. We also advise all Pinnacle employees about their responsibility to protect customer data and we provide them with appropriate guidelines for adhering to our business ethics standards and confidentiality policies. While we follow generally accepted industry standards to protect the information submitted to us, no method of transmission over the Internet, or method of electronic storage, is completely secure. Therefore, while we strive to use commercially acceptable means to protect your personal information, we cannot guarantee its absolute security.

7. Your California Privacy Rights

Under California law, California residents may opt-out of our disclosing personal information about them to third parties for their marketing purposes. If you do not want us to disclose information to other companies for their marketing purposes, please contact us by any of the ways described in the "How to Contact Us" section below. Pursuant to 1798.83 of the California Civil Code, residents of California have the right to request from a business with whom the California resident has an established business relationship, certain information with respect to the types of personal information the business shares with third parties for direct marketing purposes by such third party and the identities of the third parties with whom the business has shared such information.

8. How to Contact Us

You can contact us by sending us an email at customersupport@pinnacleag.com. You can also send written communications to: Attention: General Counsel, Pinnacle Agriculture Distribution, Inc., 1880 Fall River Drive, Suite 100, Loveland, CO 80538.

9. Social Media

Any information, communications, or material of any type or nature that you submit to the Websites or through our services (including, but not limited to any of our Websites contained on a social media platform or website such as LinkedIn, Facebook, Instagram or Twitter) by e-mail, posting, messaging, uploading, downloading, or otherwise (collectively, a “Submission”), is done at your own risk and without any expectation of privacy. We cannot control the actions of other users of any social media platform or website and we are therefore not responsible for any content or Submissions contained on such sites and platforms. By visiting any of our Websites that are contained on a social media platform or website, you are representing and warranting to us that you have reviewed the applicable privacy policy and terms of use of such platform or website and that you will abide by all such provisions contained therein. Additionally, in the event that we offer a message board or any other interactive or social-type feature on the Websites, please be aware that these areas may allow you to publicly post, and share with other users, certain messages, content, or other information (e.g., stories, pictures, tips, etc.). Although we may take certain precautions to protect those who use these areas of the Websites, we encourage you to be wary of providing any of your personal information in such public forums. The information you submit can be collected and used by people you do not know. We do not guarantee the privacy and safety of these areas and is therefore not responsible for any information you choose to submit. Your use of these features is fully at your own risk.

10. International Users

If you are visiting from the European Union or other regions with laws governing data collection and use that may differ from U.S. law, please note that you are transferring information about you, including personal information, to a country and jurisdiction that does not have the same data protection laws as the European Union, and you consent to the transfer of information about you, including your personal information, to the U.S.; and the use and disclosure of information about you, including your personal information, as described in this Privacy Policy.

11. Notification of Changes

We reserve the right to change this Privacy Policy at any time and for any reason by updating the “Last updated” date at the top of this Privacy Policy. You agree that continued use of a Website is an acknowledgment and consent to any terms contained in this Privacy Policy, as it may be amended from time to time.