Last Updated: March 1, 2021
2. Information We Collect and How We Collect It
The information that we may collect from or about you broadly falls into the following categories:
- information that you voluntarily provide to us, for example, your contact information, project specifications (when you use our online tools), and job applications;
- and information that we passively collect through your access to or use of the Site, for example, data collected by the servers used to operate the Site (e.g., IP addresses), data collected by cookies, and data collected by analytics and advertising services.
3. Information that You Voluntarily Provide to Us
- Order & Payment Information: Purchases of products through our website must be made by credit or debit card. All credit and debit card information is provided directly to our online storefront provider’s payment processor. York Ag Products Inc. does not directly access, handle, or store your credit or debit card information. To make a purchase through our website you will need to submit your name and your credit or debit card type, number, expiration date, security code, and billing address. Payment by credit or debit card is subject to the approval of the card issuer. We will not be liable in any way if a card issuer refuses to accept a credit or debit card for any reason.
- Find a Sales Representative: To find a York Ag Products Inc. sales representative, you will need to provide your city or zip code and will need to identify the product line(s) in which you are interested. We will use this information to identify sales representatives working in your area.
- Information About Your Use of Our Online Tools: If you choose to use our online tools, we will collect all information that you provide in the course of using those tools. Our online tools include, for example, our Labor Savings Calculator, our Water ROI Calculator, and our configurators and system specifiers. You will need to enter certain information to use those tools, which may include the names and specifications of fixtures and other products, building and project data, and labor rates.
- Information About Your Use of Our Software:If you have subscribed to our online software services (“York Ag Products Inc. Software”), we will collect all data, information, and other content that is entered into, submitted to, uploaded to, or transmitted using the York Ag Products Inc. Software by you or on your behalf (e.g., fixture, product, and building specifications) or otherwise collected by the York Ag Products Inc. Software in the course of your use of the York Ag Products Inc. Software, including all data regarding your access to or use of the York Ag Products Inc. Software (e.g., performance statistics and usage data) and any information you submit in connection with York Ag Products Inc. Software accounts (e.g., your name, email address, job title, company name, and company type).Additionally, you acknowledge that, depending on the functionality of the York Ag Products Inc. Software to which you have subscribed, the York Ag Products Inc. Software may allow users to enter, submit, upload, or transmit content via the York Ag Products Inc. Software that is then made available to other users and to respond to content provided by other users via the Site (“User-Generated Content”). User-Generated Content that you provide is posted on the Site at your own risk. We cannot guarantee that submitted User-Generated Content will not be viewed by unauthorized persons. You understand that, even after removal, copies of User-Generated Content that you have provided may remain viewable in cached and archived pages and may have been copied or stored by Internet archives and other Service users. For more information on providing User-Generated Content via our inSpec (Powered by York Ag Products Inc.) software, please review the inSpec Terms of Service. York Ag Products Inc. will make User-Generated Content available to other users of the Site as applicable and will use and disclose User-Generated Content for the purpose for which it was provided.
- Location Information: In addition to the approximate geographic location information collected as discussed above, we may, with your consent, access more specific location information to enhance the user experience and increase the usefulness of the Site. This includes both geographical location information that you input using the Site (e.g., when you enter your zip code, city, or physical address). You may choose to allow us to access your location by granting the Site access to your location when prompted or through your device’s location services settings.
4.Cookies and Tracking Technologies
- Operationally necessary. These are cookies that are required for the operation of the Site. For example, these cookies are required to identify irregular website behavior, prevent fraudulent activity, and improve security. They also allow users of the Site to make use of its functions, for example, shopping carts, saved search, and similar functions. Without these cookies, services that you have requested cannot be provided.
- Functionality related. These cookies allow us to offer you enhanced functionality when accessing or using the Site. This may include to remembering choices you make, for example and as applicable, remembering your preferences or settings, remembering if you reacted to something on or through the Site so that you are not asked to do it again, remembering if you have used any feature of the Site before, restricting the number of times you are shown a particular advertisement, remembering your location, and enabling social media components. As described above, you may disable functional cookies, but if you do so then various functions of the Site may be unavailable to you or may not work the way you want them to.
- Performance related. These cookies assess the performance of the Site, including as party of our analytic practices to help us understand how visitors use and interact with the Site, for example, which pages on our Site users visit most often. These cookies also enable us to personalize content and remember your preferences (e.g., your choice of language, country, or region). These cookies help us improve the way our websites work and provide a better, personalized user experience. Some of our performance-related cookies are managed for us by third parties. However, we don’t allow those third parties to use the cookies for any purpose other than those listed above.
- Advertising or targeted related. These cookies record your visits to the Site, the pages you have visited on our Site, and the links you have clicked. They gather information about your browsing habits and remember that you have visited a particular website. York Ag Products Inc. and its third-party advertising platforms or networks may use this information to make the Site, its content, and advertisements displayed on our Site more relevant to your interests (this is sometimes called “behavioral” or “targeted” advertising and is further discussed below). These types of cookies are also used to limit the number of times you see an advertisement and to help measure the effectiveness of advertising campaigns. To find out more about interest-based ads and your choices, please visit the Digital Advertising Alliance, the Network Advertising Initiative, the Interactive Advertising Bureau (IAB) Europe, http://www.allaboutcookies.org, and http://www.youronlinechoices.com.
- Google Analytics’ Advertising Features: We may also enable and implement the following Google Analytics Advertising Features: Remarketing with Google Analytics, Demographics and Interest Reporting, and Segments. Remarketing with Analytics uses Google Analytics cookies to serve advertisements to you across the Internet based on your visits to the Site. Demographics and Interest Reporting uses a third-party cookie to collect information about our Site traffic by tracking users across websites and across time, which generates a report for us to better understand our Site users. Segments allows us to isolate and analyze subsets of Site users by sorting our Google Analytics data. To opt out of remarketing advertising provided through Google, to customize your ad preferences, or to limit Google’s collection or use this information, visit Google’s Safety Center and Google’s Ad Settings and follow Google’s personalized ad opt-out instructions. Opting out will not affect your use of the Site.
- Advertising Networks, Personalized Advertising, Remarketing, and Retargeting: From time to time the Site may use or participate in advertising networks and related advertising services that are managed and provided by third-party advertising servers, advertising agencies, technology vendors, and research firms, including, for example, Google AdWords and advertising retargeting services provided by Facebook. These services collect information about your visits to and interactions with the Site and other websites and will use that information to target advertisements for goods and services. The information collected may be associated with your personal data. These targeted advertisements may appear on the Site or on other websites. Advertising networks often gather data about consumers who view advertisements to make inferences about a consumer’s interests and preferences, which enables their computers to deliver advertisements directly targeted to the consumer’s specific interests. This practice is often referred to as “online behavioral advertising.” For example, a third-party advertising network might collect the type of Internet browser you use, the type of computer operating system you use, the domain name of a website you visit, whether or not you visit specific pages of the Site and other websites, the location of your Internet service provider, the date and time of a visit to a website, and other interactions between you and a website. With respect to Google AdWords, Google uses your Internet searches, cookies, and similar identifiers (e.g., pixel tags) to collect information about your visits to the Site and your interaction with our products and services to generate targeted advertisements to you on other websites that you visit across the Internet. To opt out of remarketing advertising provided through Google, to customize your ad preferences, or to limit Google’s collection or use this information, visit Google’s Safety Center and Google’s Ad Settings and follow Google’s personalized ad opt-out instructions. Opting out will not affect your use of the Site. If you have a Facebook account but do not wish Facebook to collect data relating to you via the Site, we suggest that you: (a) hide social media platform plug-ins using an ad blocker; (b) always log off completely from Facebook before visiting other websites and delete all related cookies; and, (c) where the option is available, disable the advertising services and networks operated by Facebook. To change your preferences with respect to certain online ads and to obtain more information about third-party ad networks and online behavioral advertising, please visit the National Advertising Initiative Consumer opt-out page or the Digital Advertising Alliance Self-Regulatory Program. Please remember that changing your settings with individual browsers or ad networks will not necessarily carry over to other browsers or ad networks. As a result, depending on the opt-outs you request, you may still see our ads from time to time.
5. How We Use and Share Collected Information
- Sharing Collected Information with Sales Representatives: We may share Collected Information with our in-house or independent sales representatives for purposes of providing you with additional information on York Ag Products Inc. products and services. For example, our sales representatives for your geographical area may have access to User-Generated Content you provide and may contact you based on that User-Generated Content with additional information on York Ag Products Inc. products and services. Our sales representatives are separate legal entities from us. In addition, information that you share with York Ag Products Inc. sales representatives may be provided back to us.
- York Ag Products Inc. may receive your personal data as necessary for the purposes described above. Depending on the categories of personal data and the purposes for which the personal data has been collected, different internal departments within York Ag Products Inc. may receive your personal data. For example, our IT departments may have access to your account data. Moreover, other departments may have access to certain personal data about you on a need-to-know basis, such as legal departments, finance departments or internal auditing.
- With Third-Party Suppliers: Certain third parties, whether affiliated or unaffiliated, may receive your personal data and other Collected Information to process such data under appropriate instructions (“Processors”) as necessary for the processing purposes described above, such as website service providers, email service providers, marketing service providers, IT support service providers, online storefront providers, webinar providers, providers of York Ag Products Inc. gear, payment processors, and other service providers who support us in maintaining our commercial relationship with you. The Processors are subject to contractual obligations to implement appropriate technical and organizational security measures to safeguard the personal data and to process the personal data only as instructed. Site users located in the European Economic Area can ask us for further details of the currently engaged Processors by contacting us as set out below. Our suppliers are authorized to and may use and disclose Collected Information as necessary for them to provide the applicable services to us.
- To Protect York Ag Products Inc. and Others: We may share your personal data with law enforcement, regulatory authorities, courts with competent jurisdictions, emergency services, and other necessary third parties for legal, protection, security, and safety purposes, including: (a) to comply with laws or regulatory requirements and to respond to lawful requests and legal process; (b) to perform credit checks, report or collect debts owed; (c) to protect the rights and property of York Ag Products Inc., our and their respective agents and customers, and others, including to enforce our agreements, policies, and terms and to protect our network and physical assets; and (d) to protect the safety of our employees, agents, and customers, and any other person.
6. EEA Only: Processing Basis and Consequences
What is the legal justification for processing your personal data and what happens if you choose not to provide it? We rely on the following legal grounds for the collection, processing, and use of your personal data:
- the processing is necessary to enable you the use of the Site;
- your consent to the processing of your data for one or more specific purposes;
- the processing is necessary for the purposes of the legitimate interests pursued by us or by a third party, except where such interests are overridden by the interests or fundamental rights and freedoms of you which require protection of personal data; such legitimate interests are the fulfilment of the processing purposes set out above, in particular improvement of the quality and services of our Site, products, and services, prevention of fraud, misuse of our IT systems, physical, IT and network security, as well as marketing relating to our products and services;
- the processing is necessary for the performance of a contract to which you are a party or to take steps at your request prior to entering into a contract; and the processing is necessary for compliance with a legal obligation to which we are subject. The provision of your personal data is not required by a statutory or contractual obligation. In some case the provision of your personal data is necessary to receive our services or products as requested by you or to use certain features of the Site. Not providing your personal data may result in disadvantages for you – for example, you may not be able to receive marketing information or take advantage of other features of the Site. However, unless otherwise specified, not providing your personal data will not result in legal consequences for you.
7. International Transfers of Your Personal Data
In operating the Site, your personal data may be transferred to, stored in, and processed in countries other than the country in which you are located. Those countries may have data protection laws that are different from those of your country and, in some cases, may not be as protective. Specifically, our website servers and some of our service providers are located in the United States and our affiliated companies and third-party service providers and partners operate around the world. This means that when we collect your personal data we may process it in other countries.
You should expect that the recipients identified above which will receive or have access to your personal data may be located inside or outside the European Economic Area (“EEA”).
- For recipients located outside of the EEA, some recipients are certified under the EU-US Privacy Shield and others are located in countries with adequacy decisions pursuant to Art. 45 of the General Data Protection Regulation (“GDPR”) (in particular, Canada, Switzerland, Israel) and, in each case, the transfer is thereby recognized as providing an adequate level of data protection from a European data protection law perspective.
- Other recipients might be located in countries, such as the USA, which do not adduce an adequate level of protection from a European data protection law perspective. We will take all necessary measures to ensure that transfers out of the EEA are adequately protected as required by applicable data protection law. With respect to transfers to countries not providing an adequate level of data protection, we will base the transfer on appropriate safeguards, such as standard data protection clauses adopted by the European Commission or by a supervisory authority (Art. 46(2)(c) or (d) GDPR), approved codes of conduct together with binding and enforceable commitments of the recipient(Art. 46 (2)(e) GDPR), or approved certification mechanisms together with binding and enforceable commitments of the recipient (Art. 46 (2)(f) GDPR). You can ask for a copy of such appropriate safeguards by contacting us as set out below.
8. Retention Period - How long do we keep your personal data?
9. Additional Rights for EEA Users
What rights do you have and how can you assert your rights? Site users located in the EEA have the following rights:
- Right to withdraw your consent: If you have declared your consent regarding certain collecting, processing and use of your personal data (in particular, regarding the receipt of direct marketing communication via email and telephone), you can withdraw this consent at any time with future effect. Such a withdrawal will not affect the lawfulness of the processing prior to the consent withdrawal. You can withdraw your consent by emailing firstname.lastname@example.org with a description of the consent(s) that you are withdrawing. Further, you can object to the use of your personal data for the purposes of marketing without incurring any costs other than the transmission costs in accordance with the basic tariffs.
- Additional data privacy rights: Pursuant to applicable data protection law, you may have the right to: (a) request access to your personal data; (b) request rectification of your personal data; (c) request erasure of your personal data; (d) request restriction of processing of your personal data; (v) request data portability; and/or (e) object to the processing of your personal data (including objection to profiling).Please note that these aforementioned rights might be limited under the applicable local data protection law. Below please find further information on your rights to the extent that the GDPR applies:
- Right to request access to your personal data: As provided by applicable data protection law,you have the right to obtain from us confirmation as to whether or not personal data concerning you is being processed, and, where that is the case, to request access to the personal data. This access information includes without limitation the purposes of the processing, the categories of personal data concerned, and the recipients or categories of recipient to whom the personal data have been or will be disclosed. However, this is not an absolute right and the interests of other individuals may restrict your right of access. You may have the right to obtain a copy of the personal data undergoing processing free of charge. For further copies requested by you, we may charge a reasonable fee based on administrative costs.
- Right to request rectification: As provided by applicable data protection law, you have the right to obtain from us the rectification of inaccurate personal data concerning you. Depending on the purposes of the processing, you may have the right to have incomplete personal data completed, including by means of providing a supplementary statement.
- Right to request erasure (right to be forgotten): As provided by applicable data protection law, you have the right to obtain from us the erasure of personal data concerning you and we may be obliged to erase such personal data.
- Right to request restriction of processing: As provided by applicable data protection law, you have the right to obtain from us restriction of processing your personal data. In such case, the respective data will be marked and may only be processed by us for certain purposes.
- Right to request data portability: As provided by applicable data protection law, you have the right to receive the personal data concerning you, which you have provided to us, in a structured, commonly used and machine-readable format and you may have the right to transmit those data to another entity without hindrance from us.
- Right to Object: Under certain circumstances, you may have the right to object, on grounds relating to your particular situation, at any time to the processing of your personal data by us and we are required to no longer process your personal data. Such right to object may especially apply if we collect and process your personal data for profiling purposes in order to better understand your interests in our products and services or for direct marketing. If you have a right to object and you exercise this right, your personal data will no longer be processed for such purposes by us. You may exercise this right by contacting us as stated below. Such a right to object may, in particular, not exist if the processing of your personal data is necessary to take steps prior to entering into a contract or to perform a contract already concluded. To exercise your rights, please contact us as stated below. You also have the right to lodge a complaint with the competent data protection supervisory authority in the relevant EEA Member State (e.g., the place where you reside, work, or of an alleged infringement of the GDPR).
10. Information Security
11. Access by Children.
The Site is not directed at children under 16 years of age. York Ag Products Inc. does not knowingly collect or use information from children under 16 through the Site. If you have reason to believe that a child under the age of 16 has provided personal data to us through the Site, please contact us at email@example.com and we will use commercially reasonable efforts to delete that information.
12. Third-Party Websites
13. Questions and Contact Information