Privacy Notice for California and Colorado Residents

Last Updated: October 20, 2022

Intelligent Agricultural Solutions, LLC (“Intelligent Ag,” “we,” or “us”) understands the importance of your privacy and we take our responsibility to protect your information seriously.  This Privacy Notice for California and Colorado Residents (“Notice”) supplements the information in the Privacy Policy posted on our website.  This Notice applies to the personal information we collect from residents of California or California residents who visit our website, use our Software-as-a-Service (“SaaS”) application and the farm machinery products that integrate with our application, communicate or request information from us, or otherwise interact with us.

This Notice explains our collection, processing, and disclosure of “personal information” relating to residents of California and Colorado.  Specifically, this Notice applies to our processing activity when we are acting as a “business” under the California Consumer Privacy Act, as amended (“CCPA”) and a “controller” under the Colorado Privacy Act (“CPA”)—meaning that we control the purposes and means of processing your personal information.   Some of the personal information we collect may be exempt from some or all of the requirements under the CCPA or CPA.  

Please read this Notice carefully before sharing information with us so you understand our practices regarding your information.

Information We Collect and Disclose

For the purposes of this Notice, “personal information” includes any information that identifies, relates to, describes, references, is reasonably capable of being associated with, or could reasonably be linked, directly or indirectly, with a particular consumer, household, or device.  This includes information that is linked or reasonably linkable to an identified individual.  Personal information does not include information that is:

• Lawfully made available from government records;
• We have a reasonable basis to believe is lawfully made available to the general public by the consumer;
• Deidentified or aggregate consumer information; or
• Information that is otherwise excluded from the scope of either the CCPA or CPA, including personal information covered by certain sector-specific privacy laws such as the Fair Credit Reporting Act.

In the past 12 months, Intelligent Ag has collected the following categories of personal information from consumers and disclosed such information to the following categories of third parties for business purposes.

Please note that we may also use, disclose, or transfer your information in connection with the sale, merger, dissolution, restructuring, divestiture, or acquisition of our company or its assets. We may also disclose your personal information in response to a court order, subpoena, search warrant, law, or regulation

Intelligent Ag collects these categories of personal information from the following sources:

• Direct collection: We collect information directly from you when you choose to provide it to us by filling out forms on our website, engaging in transactions with us, signing up to receive promotional or information communications from us, using our SaaS application or farm machinery with products connected to our SaaS application, communicating with us about our products and services, or otherwise directly providing the information to us. 
• Indirect and technology-based collection: We also collect certain information from you indirectly when you visit, use, or navigate our website or SaaS application.  Intelligent Ag collects certain identifiers (such as IP addresses) and internet and similar network activity (such as website usage data) from you indirectly using cookie, pixels, and passive tracking technologies, as described in our Privacy Policy.
• Collection via social media: We may collect personal data about social media users, including basic user profile information (such as username), user-generated content (such as posts, comments, pages, profiles, or feeds) and associated metadata (such as time and location of a post or comment); contact details (such as name, email address, telephone number if made public by the user); and additional individual information published by the user (such as employer, profession, age, location, education information, habits, etc.). The type and scope of personal data obtained from social media platforms depends on the type of APIs and permissions set out by the respective platforms and the administrative permissions granted by individuals, where applicable.
• Third-party collection: From time-to-time, we may obtain marketing or lead lists from third party vendors.  We use these, for example, to send you marketing communications.

Sensitive Personal Information

Intelligent Ag does not collect “sensitive personal information” or “sensitive data” (as defined by the CCPA and CPA, respectively) for the purposes of inferring characteristics about California or Colorado consumers.  Intelligent Ag treats such information as “personal information” consistent with applicable provisions of the CCPA and CPA.

Use of Personal Information

We collect and use your personal information for the following business or commercial purposes (as well as any other purposes as set forth in our Privacy Policy). 

• Provide you with our SaaS application, including the reporting, mapping, and other information collected and made available through our application regarding your use of farm machinery with sensors that integrate with the application.
• Categories of personal information used for this purpose: Identifiers, commercial information, sensory data, and geolocation information.
• Providing and optimizing your experience on our website and ensuring that our content is presented to you in the most effective manner.
• Categories of personal information used for this purpose: identifiers, commercial information, sensory data, internet or other similar networking activity, and geolocation information.
• Communicating with you and responding to your inquiries about our services, including to provide you with promotional and informational communications regarding our services, informing you about new services, updating you about changes to our services, and investigating any concerns you have about our services.
• Categories of personal information used for this purpose: identifiers, commercial information, internet or other similar network activity, personal information under Cal. Civ. Code § 1798.80(e), and sensory data.
• Developing, updating, and improving our products, services, customer service, customer experience, and marketing efforts, and otherwise improving our knowledge and insights regarding customers and their use of our SaaS application.
• Categories of personal information used for this purpose: identifiers, commercial information, internet or other similar network activity, personal information under Cal. Civ. Code § 1798.80(e), sensory data, and geolocation data.
• Preventing and detecting fraud, financial crime, hacking activities, security breaches, and other unlawful activities in connection with Intelligent Ag or our services.
• Categories of personal information used for this purpose: identifiers, commercial information, internet or other similar network activity, and personal information under Cal. Civ. Code § 1798.80(e).
• Enforcing our agreements users of our services and complying with our legal or regulatory obligations.
• Categories of personal information used for this purpose: identifiers, commercial information, internet or other similar network activity, personal information under Cal. Civ. Code § 1798.80(e), sensory data, and geolocation data.
• Performing other functions as otherwise described to you at the time of collection or to which you otherwise consent.
• Categories of personal information used for this purpose: potentially all categories identified above and any others identified at the time of collection.

Applicable Retention Periods

We will only retain your personal information for as long as necessary to fulfill your requests or the purposes for which it was obtained. The criteria used to determine our retention periods include (i) for as long as we have an ongoing relationship with you, (ii) as required by a legal obligation to which we are subject, and (iii) as necessary to comply with legal obligations.

Sale or Share of Personal Information

As noted above, in the past 12 months, Intelligent Ag has not “sold” any categories of personal information or “shared” any such information for the purposes of cross-context behavioral advertising, and does not otherwise process personal information for targeted advertising (as defined by the CPA).  Likewise, Intelligent Ag does not have actual knowledge of any sales or sharing of personal information regarding minors under 16 years of age.  

Rights Available to California and Colorado Consumers

The CCPA and CPA provides California and Colorado consumers with the rights discussed below.  For convenience, we also explain how you can exercise those rights, to the extent they are applicable. 

1. Right to Request/Access Information. You have the right to request that we disclose certain information about our collection and use of your personal information during the past twelve (12) months.  Specifically, you may request that we disclose:

• The categories of personal information we collected about you;
• The categories of sources for the personal information we collected about you;
• The business and commercial purposes for collecting your personal information;
• The categories of third parties to whom we disclose your personal information;
• The specific pieces of personal information we collected about you; and
• If we disclosed your personal information for a business purpose, the categories of personal information received by each category of third party.

2. Right to Data Portability. You have the right to request that we provide copies of the specific pieces of personal information we collected about you.  If a verifiable consumer request is made, and subject to any exceptions or limitations under the CCPA or CPA, we will take steps to deliver the personal information to you either by mail or electronically.  If we provide the information to you electronically, it will be in a portable and readily useable format, to the extent technically feasible.  Consistent with the CCPA and CPA and our interest in the security of your personal information, we will describe but may not provide copies of certain personal information we may receive from you (e.g., driver’s license number, other government-issued identification number, financial account number, health or medical identification number, account password, or security questions or answers) in response to a request, to the extent any of those items are in our possession.
3. Right to Request Deletion. You have the right to request that we delete personal information we collected from you, subject to any exceptions or limitations under the CCPA and CPA.
4. Right to Correct Inaccurate Information. If we maintain inaccurate personal information about you, you have the right to request that we correct that inaccurate personal information, taking into account the nature of the personal information and the purposes of the processing of the personal information.
5. Right to Opt-Out. Consumers in California and Colorado have the right to opt-out of (1) the processing or sharing of their personal information for the purposes of targeted or cross-context behavioral advertising (as those terms are defined in the CCPA and CPA, respectively), (2) the sale of personal data, or (3) processing of personal data for the purpose of profiling the consumer in furtherance of decisions that produce legal or similarly significant effects concerning the consumer.  Because Intelligent Ag does not process personal information in any of these contexts, these rights are not available. 

Exercising Rights Under the CCPA and CPA

To exercise the rights described above, you—or someone authorized to act on your behalf—must submit a verifiable consumer request to us by sending an e-mail to: support@intelligentag.com with the subject line: “Consumer Rights Request” or calling us at 701-356-2200.  Your request must include your name, e-mail address, mailing address, phone number, the nature of your inquiry and the context in which we may have received your information.  If you are an agent submitting a request on behalf of a consumer, we may request that you submit a signed permission from the consumer authorizing you to make the request.  In order to protect the privacy and data security of consumers, the verifiable consumer request must:

• Provide sufficient information that allows us to reasonably verify you are the person about whom we collected personal information or an authorized representative of such consumer; and
• Describe your request with sufficient detail that allows us to properly understand, evaluate, and respond to it.

As indicated above, please be aware that the CCPA and CPA provide certain limitations and exceptions to the foregoing rights, which may result in us denying or limiting our response to your request.

You may only make a verifiable consumer request for access or data portability twice within a 12-month period.  We will only use personal information provided in a verifiable consumer request to verify the requestor’s identity or authority to make the request.  We may also request that you provide additional information if needed to verify your identity or authority to make the request.  We cannot respond to your request or provide you with personal information if we cannot verify your identity or authority to make the request and confirm the personal information relates to you or the consumer on whose behalf you are making the request. 

Response Timing and Format

The CCPA and CPA requires us to respond to a verifiable consumer request within forty-five (45) days of its receipt; however, we may extend that period by an additional 45 days.  If we require more time, we will inform you of the reason and extension period in writing.  We will deliver our written response via e-mail.  Any disclosures we provide will only cover the 12-month period preceding the receipt of the verifiable consumer request, provided that you may request disclosure beyond the 12-month period as permitted by the CCPA.  The response we provide will also explain the reasons we cannot comply with a request, if applicable.  For data portability requests, we will select the format of our response; the format will be readily useable and should allow you to transmit the information from one entity to another.  We will not charge a fee to process or respond to a verifiable consumer request unless it is excessive, repetitive, or manifestly unfounded.  If we determine that the request warrants a fee, we will tell you why we made that decision and provide you with a cost estimate before completing the request. 

Please note that the CPA provides Colorado residents the right to request an appeal of any decision we make not to act on a consumer’s request to exercise their rights under that statute.  We will strive to respond to an appeal within 45 days of its receipt, including a written explanation of the reasons for a particular decision on the appeal.  (Note: we may extend this period by an additional 60 days if reasonably necessary.)  If the appeal is denied, a consumer may inform the Colorado Attorney General regarding any concerns about the results of the appeal.

Our Commitment Not to Discriminate

We will not discriminate against you for exercising any of your rights under the CCPA or CPA by: 

• Denying you services.
• Charging you different prices or rates for services, including through granting discounts or other benefits, or imposing penalties.
• Providing you a different level or quality of services.
• Suggesting that you may receive a different price or rate for services or a different level or quality of services.

Changes to this Notice

We reserve the right to amend this Notice at our discretion and at any time.  If there are changes to this Notice, we will post them here and update the “Last Updated” date at the top of this document.  Continued use of this website after any changes is deemed to be acceptance of those changes.  Please check this page periodically for updates.

Data Sharing or Direct Marketing Purposes

California Civil Code § 1798.83 (California’s Shine the Light Act) further permits California residents to request certain information regarding our disclosure of personal information to third parties for their direct marketing purposes. If you are a California resident, you may ask us to refrain from sharing your personal information with certain of our affiliates and other third parties for their marketing purposes. Please tell us your preference by contacting us at the contact information below.

Contact Information

If you have any questions or comments about this Notice, please contact us using the following information.

Intelligent Agricultural Solutions, LLC
Attn: Legal
Address: 1810 NDSU Research Circle N., Fargo, ND 58102
Phone: 701-356-2200
Email: support@intelligentag.com