KWS Seeds, LLC (“we,” “us,” and “our”) respects the importance of the privacy of your personal information. We provide this Privacy Policy so you know about our information handling and storage practices and understand how we treat the personal information we receive about you from your use of the kws.com website (the “Site”). By using, browsing, or accessing the Site, you agree to the terms of this Privacy Policy.
Your visit to the Site and any dispute over privacy is subject to the Terms of Use, including limitations on damages and application of the law of the State of Minnesota. Use of this Site is strictly voluntary. If you do not agree to the Site’s Privacy Policy and Terms of Use, you must immediate log off the Site and may not use the Site. Additionally, we may not be able to assist you in connection with matters relating to our Site.
YOUR CONSENT
BY SUBMITTING YOUR PERSONAL INFORMATION TO US, YOU ARE CONSENTING TO THE COLLECTION AND PROCESSING OF YOUR PERSONAL INFORMATION IN THE UNITED STATES AND TO OUR USE OF YOUR PERSONAL INFORMATION AND ANY RELATED INFORMATION IN THE MANNER DESCRIBED IN THIS PRIVACY POLICY, INCLUDING THE TRANSMISSION TO, AND STORAGE AND PROCESSING OF YOUR PERSONAL INFORMATION BY THIRD PARTIES OUTSIDE THE UNITED STATES. IF YOU ARE SUBMITTING PERSONAL INFORMATION OF THIRD PARTIES TO US, YOU WARRANT AND REPRESENT YOU HAVE THEIR CONSENT TO PROVIDE THEIR PERSONAL INFORMATION TO US AND YOU WILL INDEMNIFY US AND HOLD US HARMLESS FROM AND AGAINST CLAIMS BY SUCH INDIVIDUALS RELATING TO OUR PROCESSING AND USE OF SUCH PERSONAL INFORMATION WITHIN THE TERMS OF THIS PRIVACY POLICY.
COLLECTION OF INFORMATION
Automatic Information
In general, you can browse the Site without telling us who you are or revealing any personal information about yourself. However, we collect your computer’s or mobile device’s IP address, which you necessarily disclose when you visit the Site, so that data (such as the web pages you request) can be sent to your computer or device. When you interact with us through the Site, we receive and store certain types of information in the form of “cookies,” or small storage files that transmit your electronic identity to the web sites that you visit. We may use cookie data to "recognize" you when you visit the Site in the future, to troubleshoot how the Site operates, and for internal analysis of how people use the Site. Should you decide not to accept cookies from the Site, you will limit the functionality we can provide when you visit and use the Site. We may use standard Internet technology, such as web beacons and other similar technologies, to track your use of the Site.
We may use software tools such as JavaScript to measure and collect session information, including page response times, download errors, length of visits to certain pages, page interaction information (such as scrolling and clicks), and methods used to browse on the Site.
User Supplied Information
When you engage in certain activities on the Site, such using the Contact Us feature on the Site or otherwise provide feedback on the Site, we may ask you to provide personal and other information. In order to engage in such activities you will be required to provide information that lets us know the specifics of who you are, such as your first name, last name, e-mail address, phone number, and other information. If such information is required to provide services to you or where it is optional for you to engage in these activities, if you do not provide the mandatory data with respect to a particular activity, you may not be able to engage in that activity, we may not be able to assist you in connection with our products or services or fulfill the purpose for which you contacted us, or you may limit your ability to use all or a portion of the Site. You always have the right to decline to provide any information to us on the Site; however, this may have an impact on your use of the Site and the ability to take advantage of certain unique features of the Site. When you update information on the Site, we may keep a copy of the prior version for historical records.
E-mail Communications
We may communicate and make special offers available via e-mail. To help us make e-mails more useful and interesting, we may receive a confirmation when you open e-mail from the Site if your computer supports such capabilities. If you do not want to receive e-mail or other mail from us, please contact us or use the opt-out method set forth in the e-mail.
USE AND SHARING OF INFORMATION
We use personal information to provide and improve our products and services, including the Site, for purposes in our legitimate interests and for compliance with applicable laws. We will collect and use your personal information only in the manner and for the uses set forth in this Privacy Policy and only for so long as may be set forth in this Privacy Policy.
We process personal information on the basis that it is: (a) necessary for the performance of a contract we have with you; (b) in our or a third parties’ legitimate interests such as a contract with your employer under which we are required to deliver products or services; (c) where you give us your consent; or (d) for compliance with a legal obligation.
We may use your personal information for particular activities, including, without limitation, responding to your inquiries, customer service, marketing and research, developing and displaying content tailored to your interests, providing promotional and other information to you, and to contact you regarding administrative notices. We may share this information with our affiliated entities, marketing partners, and other parties with whom we collaborate. In addition, if we use service providers, these service providers may have access to your personal information to perform contractually specified services on our behalf.
We may use your IP address to: (i) help diagnose problems with the Site, administer and improve the Site, and measure the use of the Site; (ii) identify the type of web browsers used, the pages viewed, the web sites from which a visitor found this Site, and the search terms and search engines used to find this Site; and (iii) gather other web analytics information relating to visitors’ use and navigation of the Site. This information does not identify you personally. On occasion we may aggregate this data with data on the pages visited by other users to track overall visitor traffic patterns and provide this aggregate information to vendors, business partners, or affiliates.
The information we obtain using standard Internet technology, such as web beacons and other similar technologies, enables us to customize the services we offer visitors to our Site, to deliver targeted content, and to measure the overall effectiveness of our online content, advertising, or programming or other activities.
We may always use the information you provide in an anonymous or aggregated format that does not identify you personally, which uses might include, without limitation, to evaluate existing products, services, and systems; to assist in the development of new products or services; research; advertising; and to identify trends and changes.
We may also disclose personal information in any of the following circumstances: (a) in response to a subpoena, search warrant, court order, or other legal process or request, or as may otherwise be required by law, rule, or regulation; (b) to protect and defend our rights or property or those of our affiliates or business partners, vendors, customers, or others; or (c) as we, in our sole discretion, believe is appropriate under exigent circumstances in response to a perceived threat to the personal safety, property, or rights of any person or organization. This includes exchanging information with other companies and organizations for fraud protection.
In addition, since our database is a business asset, in the event we are reorganized or become part of another organization, you consent to the sale, assignment, or transfer of your personal information to a successor that acquires substantially all of our business assets, or to an affiliate, as applicable.
In the event we intend to use your personal information for a purpose unique to you, we will obtain your specific consent for the use of your personal information for that purpose.
SECURITY OF PERSONAL INFORMATION
We take the security of personal information seriously and we take what we believe to be reasonable precautions and have implemented certain safeguards to protect the security of data and personal information. We may transmit your personal data to third parties outside the United States for storage or processing. We will attempt to ensure that your personal information will be subject to appropriate safeguards and that it is processed and secured in accordance with applicable law. However, we cannot guarantee against any loss, misuse, unauthorized disclosure, or alteration or destruction of data or personal information. While we strive to protect your personal information, we cannot guarantee the security of any information you transmit to or from the Site, by email or otherwise, and you provide such information at your own risk. You acknowledge that: (a) there are security and privacy limitations in computer systems and on the Internet which are beyond our control; (b) the security, integrity, and privacy of any and all information and data exchanged between you and us through the Site, including personal information, cannot be guaranteed; and (c) any such information and data may be viewed or tampered with by a third party while such information or data is being used, transmitted, processed, or stored.
OUR RELATIONSHIP TO OTHER WEBSITES
This Privacy Policy does not apply to other web sites that may be accessible through the Site. If you visit one of these other websites, we encourage you to read the privacy policies of those other sites to learn how they collect, use, share and secure your information. We may have functionality on the Site that is provided, in whole or in part, by a third party service provider. You can usually identify such third party functionality by the use of a trademark not owned by us on or near the functionality. In that case, when you use the functionality, you become subject to the terms of use and privacy policy of this third party in addition to the Privacy Policy and Terms of Use of our Site. In some cases, you may need to visit that party’s web site and locate the terms of use and privacy policy.
CHILDREN UNDER THE AGE OF 13
We do not direct this Site to children under the age of 13 and do not sell products for purchase by children under the age of 13. If you are under the age of 13, you may use the Site only with the involvement and supervision of a parent or guardian.
HOW LONG WE KEEP PERSONAL INFORMATION
We retain personal information in accordance with any records retention policy or program we may implement from time to time. We will retain personal information for the length of time necessary to fulfill the purposes for which we collected the personal information or to demonstrate we have fulfilled our duties or obligations, or retention periods required by applicable law or in which claims may be made or the existence of legal proceedings. YOUR RIGHTSYou may have rights under applicable laws concerning personal information we have collected about you, which may include the right to access your personal information we have, to ask us to delete, correct, or restrict the use of your personal information, or to withdraw your consent to our use of your personal information. We will honor your rights under any such laws as applicable to us or as we may agree to honor in our sole discretion.
PRIVACY REQUESTS
Privacy requests related to access to, rectification of, restriction of, processing of, the accuracy of or objection to the processing of your personal information, withdrawal of consent to handle your personal information, or the right to be forgotten should be sent to us in writing via mail to KWS Seeds, LLC, Attn: Head of IT, 5705 West Old Shakopee Road, Suite 110, Bloomington, MN 55437.In order to protect your information and because people may have the same name, we will only provide or delete personal information that we can verify is associated with your particular email address or where we can reasonably identify the identity of the requestor. We will not delete the personal information of a person who still owes a debt to us, as it is considered personal information related to an ongoing transaction. Data collected will be kept accurately and up to date, if applicable. Any errors in data will be rectified as soon as the error becomes known to us.
CHANGES TO PRIVACY POLICY
We reserve the right to revise this Privacy Policy, in whole or in part, at any time without notice to you. You expressly waive any right to receive notice of any revisions to this Privacy Policy. We encourage you to review this Privacy Policy regularly in your use of the Site to ensure you are aware of current practices. Any use of the Site following the date on which the revised Privacy Policy is published on the Site shall constitute your acceptance of all such changes.
CONTACT
For questions, complaints, or comments related to the Site or this Privacy Policy, please use the Contact Us feature on the Site or send a written request to the address set forth above. We will attempt to respond to and resolve any complaints to your satisfaction.
Last updated: September, 2020