Data Sharing Agreement

9.30.16

Advantage Acre

Data Sharing Agreement

This Data Sharing Agreement (“Data Agreement”) establishes the terms by which your Ag Data is shared with others when using the Advantage Acre website and associated applications, products, and services, including premium services offered by Advantage Acre+ (collectively “Advantage Acre”).  Capitalized terms in this Data Agreement have the meaning provided in the Privacy Policy, unless defined herein.

Your Ownership of Ag Data

AgReliant Genetics believes that you are the owner of your Ag Data.  We believe that ownership should give you the right to share, download, and delete your Ag Data.  You agree that you are the owner or have obtained permission from the owner of any Ag Data you transfer, share, or upload to Advantage Acre, including any Ag Data you authorize to be transferred from a third party.  If you believe any Ag Data uploaded may have multiple owners, you have a duty to obtain each owner’s permission prior to transferring, sharing, or uploading to Advantage Acre.  If you allow a person, third party or service to upload your Ag Data on your behalf, you agree that such person or service has permission to do so.  You release AgReliant Genetics from any claims that someone else owns the Ag Data uploaded to your account.

Data Sharing with AgReliant Genetics

By using Advantage Acre, you give your consent to AgReliant Genetics to: (1) clean your Ag Data by removing perceived errors and omissions; (2) share your Ag Data among AgReliant Genetics’ employees and agents to assist you with making agronomic decisions (such as seed selection, pesticide applications, fertilizer timing decisions, etc.); (3) share your Ag Data among AgReliant Genetics’ employees and agents to assist AgReliant Genetics with research and development; (4) share your Ag Data internally with AgReliant Genetics sales and other departments for future planning purposes; and (5) anonymize and combine your Ag Data with Ag Data from other Advantage Acre users, creating “Aggregated Data.”  Aggregated Data is solely owned by AgReliant Genetics.

AgReliant Genetics will not share your Ag Data with any person or company except as explained above, or as set forth in the Advantage Acre® Privacy Policy, unless AgReliant Genetics informs you and obtains your consent.  AgReliant Genetics has no intention of selling Advantage Acre to another company, but in such event you will be provided notice by email and allowed to delete or remove your Ag Data prior to the sale. All agents that have access to your Ag Data are required to abide by AgReliant Genetics’ Privacy Policy, Terms of Use and Data Agreement.

Data Sharing with Trusted Advisors

You have the option of granting certain “Trusted Advisors” access to view, edit, upload and download your Ag Data.  Trusted Advisors may include agronomists, crop consultants, seed dealer representatives, your employees, family members, landowners, and others involved with your farming operation as designated by you.  Trusted Advisors must obtain a user ID, login, and agree to follow Advantage Acre’s Privacy Policy before they may be granted access to your Ag Data.  A Trusted Advisor’s failure to maintain an Advantage Acre account will cause the Trusted Advisor to lose access to your Ag Data.  You may stop sharing your Ag Data with Trusted Advisor’s at any time by revoking their permission through the Advantage Acre website.  Trusted Advisors may not delete your Ag Data.

Data Sharing with Other Technology Providers

Advantage Acre may also provide you with the ability to share your Ag Data with other technology providers through links established through Advantage Acre and such third parties. AgReliant Genetics is continually working to provide users with options to transfer and share data among different companies and data platforms. When your Ag Data is transferred or shared with a third party, your use is subject to that third party’s policies and contract terms.  Likewise, Advantage Acre may allow you to upload Ag Data directly from third party technology providers. Any uploads from third parties are subject to AgReliant Genetics’ policies and contract terms. AgReliant Genetics will not share your Ag Data with other technology providers, except for AgReliant Genetics third-party service providers for Advantage Acre, or third parties without first obtaining your consent.

Viewing Aggregated Data

You have the ability to view certain Aggregated Data fields, as determined by AgReliant Genetics, to compare different seed yields under different production methods and soil profiles.  When viewing Aggregated Data, you will not have access to other Users’ Personal Information or geospatial reference data, making such Aggregated Data anonymous.  In order to further protect the anonymity of Aggregated Data, the smallest geographic area in which a User may view Aggregated Data is a circle with a thirty (30) mile radius. For example, you may be able to view all aggregated yield data from all plantings of a certain hybrid with a no-till production method within a thirty (30) mile radius of your farm.

Other Users of Advantage Acre will also have the ability to view certain Aggregated Data, including portions of your Ag Data in that is aggregated in an anonymized form.

Your Ability to Delete Ag Data

You may delete your Ag Data at any time, however, deleting previously uploaded Ag Data will not cause previously Aggregated Data to be deleted, but future aggregation will not include your deleted Ag Data.  You may delete your Ag Data after termination or non-renewal of your Advantage Acre account according to Advantage Acre’s Terms of Use.

How AgReliant Genetics Stores Your Ag Data

Ag Data is stored on servers within the United States that rented by AgReliant Genetics from reliable service providers. AgReliant Genetics takes reasonable and customary security measures to protect the privacy and security of your Ag Data.  In the event of a data breach, natural disaster, or other unforeseen event that causes your Ag Data to be deleted or compromised, AgReliant Genetics will notify you by email.

Limitations on AgReliant Genetics’ Liability

AgReliant Genetics is not liable for any damages that result from the disclosure of your Ag Data to any person or company provided such disclosures are made according to this Data Agreement.   Further, AgReliant Genetics is not responsible for a loss or unauthorized disclosure of your Ag Data due to (i) an Act of God, (ii) other catastrophic event, or (iii) a data breach to the extent not caused by AgReliant Genetics’ breach of this Data Agreement.  AgReliant Genetics’ liability is further limited according to the Terms of Use.

Other Legal Terms

This Data Agreement is governed by the laws of the United States and the State of Indiana.  The information provided on Advantage Acre is intended for use only by persons in the United States. AgReliant Genetics makes no representations that the information contained on Advantage Acre is appropriate for visitors in countries other than the United States. Nothing herein should be considered a solicitation or promotion for any product or an indication for any product that is not permitted by the laws or regulations of the country where a visitor of Advantage Acre resides. Any suit naming AgReliant Genetics (including any affiliated company or brand, owners, employees, attorneys, or agents) as a party involving this Data Agreement must be filed in the Indiana state courts located in Hamilton County, Indiana, or federal district court located in Indianapolis, Indiana, and you consent to venue and jurisdiction there.  This Data Agreement does not create any third party beneficiary rights. AgReliant Genetics’ failure to enforce any provision in this Data Agreement is not a waiver of the right to do so at a later date.  If any provision is found unenforceable, the remaining provisions of the Agreement will remain in full effect.  You may not assign any of your rights in this Data Agreement.  AgReliant Genetics may assign its rights without your consent.  This Data Agreement does not create a partnership or agency relationship between you and AgReliant Genetics.

Questions about this Data Agreement should be directed to noah.freeman@agreliant.com.