Privacy and Data Policy
BODENSTEINER IMPLEMENT COMPANY
Effective Date: 3/1/14
THE FOLLOWING PRIVACY AND DATA POLICY (“POLICY”) DISCLOSES THE
PRIVACY AND DATA USE PRACTICES OF BODENSTEINER IMPLEMENT COMPANY
(“US,” “WE,” OR “OUR”) FOR ALL DATA OR INFORMATION WHICH WE RECEIVE
FROM YOU, EITHER DIRECTLY OR THROUGH A THIRD PARTY, INCLUDING,
WITHOUT LIMITATION, IN PERSON OR BY PHONE AT OUR RETAIL LOCATIONS OR
THROUGH WEBSITES, APPLICATIONS, EQUIPMENT, DEVICES OR THE PROVISION
OF PRODUCTS OR SERVICES TO YOU. WE CREATED THIS POLICY TO
COMMUNICATE OUR PRIVACY AND DATA POLICIES TO EACH OF OUR
CUSTOMERS (COLLECTIVELY A “CUSTOMER,” “YOU” OR “YOUR”) WITH RESPECT
TO YOUR INFORMATION.
1. What and How Information is Collected
We collect and share both your Customer Data and Machine Data (collectively “Data”) as
described in this Policy.
a. Customer Data. To purchase, access, receive, download, upload or use goods or
services from us, you may be required to create an account with us, John Deere or another
equipment supplier and/or provide various information, which may include personally
identifying information (collectively, “Customer Data”). Personally identifying information is
information that can be used to identify, locate or contact you. If you have a user account with
us then you are responsible for maintaining the confidentiality of your user name and password
and all uses of your account and password. You agree to immediately notify us of any
unauthorized use of your account. If a Customer directly or indirectly communicates with us by
e-mail, posts or uploads content or information to a website or application to which we are
provided access or otherwise completes online forms, any information provided in such
communication will also be collected by us as Customer Data (or Machine Data, as applicable).
Data may be collected by us directly from you or your equipment or it may be delivered to us by
third parties if you authorize such access be provided by the third party (such as through the JD
LinkTM Telematics system for John Deere Equipment). By providing Customer Data directly to
us or granting us access to Customer Data from a third party, you grant us a royalty-free, nonexclusive,
perpetual license to use such Customer Data in accordance with this Policy.
Customer Data may consist of the following types of information:
Personal Data. Personal Data includes your name, user name, mailing address, e-mail address,
phone number, zip code, social security number and similar personal information. We use
Personal Data to send Customers e-mail, written or other forms of communications regarding:
i. Goods or services requested or purchased by Customers;
ii. Promotional or informational materials about our company, affiliates and/or third
parties with whom we conduct business and the related goods and services provided
by such businesses;
iii. Machine-specific information to participating Customers; and
iv. Updates, advertisements, offers and announcements relating to the goods and
services of our company, affiliates and/or third parties with whom we conduct
business.
You consent to receive communications from us electronically, but have the ability to opt-out of
receiving future e-mails of the type described in (ii)-(iv) by contacting us at the following email
address: info@bodimp.com, or changing your account preferences, if applicable. Notwithstanding
anything to the contrary in this Policy, we may communicate with each Customer by e-mail if
such e-mail communication is sent for the purpose of protecting the interests of Customer,
including any Customer Data, property or other data, or to provide Customer with any
notification or disclosure that may be required under applicable law or our Policy. Accordingly,
as a Customer, you agree that all communications, disclosures, and notices sent to you by e-mail
satisfy any requirement that notice be provided in writing.
Transaction and Demographic Data. We collect transaction information about your purchases,
inquiries and customer accounts to fulfill orders or for our general business needs, including
maintenance and warranty services. We also may collect general demographic or preference
data regarding your interests, goals or needs to understand who you are and what products and
services may interest you or meet your needs.
Financial Data. We may collect financial information from you to complete purchases of goods
or services, such as credit card information or your billing address. If you purchase products for
personal, family, or household use through financing that is provided by us or facilitated by us,
we will not share any of your personal information derived from that transaction with
unaffiliated third parties outside of the requirements to complete your requested transaction. We
may also assist you in applying for financing with certain third parties or engage in direct
financing with you. We may report information about your account to credit bureaus. Late
payments, missed payments, or other defaults on your account may be reflected in your credit
report.
b. Machine Data. Machine Data includes information that is generated by, collected
by or stored on your equipment or any hardware or device interfacing with your equipment, and
may be provided directly through such equipment, hardware or device or indirectly when
reported to us through you or a third party (collectively, “Machine Data”). Machine Data
includes, without limitation, the following data, which we may track, collect, receive and use in
accordance with this Policy:
i. Technical information including IP addresses, persistent identifiers, statistical
utilization, transmission and access methods and sources, and preference information
that is collected by cookies, web beacons, or other similar device based collection
technologies. This may include any search that led you to our website, your
connection speed or type, and your browser or device information. You may block
all cookies by following the instructions applicable to your browser at
http://www.aboutcookies.org/page-1;
ii. Equipment use history including fuel usage, number of engine hours, diagnostic data,
software and hardware version numbers, geolocation data, and other equipment data;
and
iii. Agronomic information including plant, chemical and fertilizer application rates,
recorded yields, soil types and moisture levels, and similar crop or field based
information.
Machine Data may be collected by us directly from you or your equipment or it may be delivered
to us by third parties if you authorize or allow such delivery or access from the third party (such
as through the JD LinkTM Telematics system for John Deere Equipment). By providing
Customer Data directly to us or granting us access to Machine Data from a third party, you grant
us a royalty-free, non-exclusive, perpetual license to use such Machine Data in accordance with
this Policy. We are not liable for any errors, omissions, interception, loss of data, lack of
capacity, lack of coverage or lack of availability, or other errors related to the transmission of
any Machine Data by any third party.
YOU AGREE THAT YOU WILL CLEARLY AND CONSPICUOUSLY NOTIFY ANY
AFFECTED PERSONNEL THAT THE MACHINE DATA IS CONTINUOUSLY
MONITORED AND DELIVERED, INCLUDING POTENTIALLY PERSONAL AND
LOCATION DATA, AND THAT YOU WILL OBTAIN ALL NECESSARY CONSENTS
AND APPROVALS FROM YOUR PERSONNEL AS REQUIRED BY APPLICABLE LAW
TO COLLECT AND PROVIDE SUCH DATA TO US.
2. Confidentiality, Security and Storage of Data
Except as otherwise provided in this Policy, we will keep all of your Data that personally
identifies you (e.g., your name and address) as private and will not share it with third parties,
unless such disclosure is necessary to:
i. Comply with a law (or based upon our good-faith belief that disclosure is necessary
to comply with a law);
ii. Protect our rights or property; or
iii. Enforce this Policy or any of our other policies and guidelines.
We may also share your Data as provided below, when required by a third party through whom
you authorized or allowed Data to be transmitted to us or when otherwise authorized or
requested by you.
We will not sell your Data to third parties except in the case of a sale of substantially all of our
business or assets or the business or assets of one or more of our locations or business divisions
or as otherwise permitted below with respect to aggregate Data. We may permanently delete or
destroy any and all Data at any time as determined by us. We use a variety of commercially
reasonable security technologies to help protect your Data from unauthorized access, use, or
disclosure. However, the use of such security technologies is not, and should not be considered
to be, any type of guarantee or warranty by us that your Data will not be accessed by third
parties, or that we will use all available security technologies to prevent unauthorized access to,
use, or disclosure of your personally identifying information.
3. Sharing and Use of Information
We share your Data with our affiliates, suppliers, vendors, and/or their agents and employees as
we deem necessary for the provision of goods and services to you. Specifically, we may share
your Data: (i) with third parties assisting us in the provision, administration, and management of
goods and services generally; (ii) with third parties that assist us in providing goods and services
that you request; (iii) with third parties that support our business operations or provide marketing
or advertising services on our behalf, including marketing, technical, accounting, legal or other
professionals; and (iv) as otherwise permitted by law or approved by you. We may use your
Data for our general business operations and goods and services provided by us if it is in a form
that is not capable of being personally identified with you or if it is combined with Data from one
or more other customers in aggregate form that does not personally identify any particular
customer. We may also sell, license or otherwise provide such de-identified or aggregated data
to third parties.
While we use commercially reasonable efforts to safeguard your Data when transmitted to third
parties, we do not warrant that your Data will be transmitted without unauthorized interception
or modification or that your Data will not be accessed or compromised by unauthorized third
parties.
4. Collection of Your Information by Third-Party websites
Our website may contain links to other websites. We are not responsible for the privacy
practices or the content of such websites.
5. Updates and Changes to Policy
We reserve the right, at any time and without notice, to add to, change, update, or modify this
Policy by posting such addition, change, update, or modification on our website. Any such
addition, change, update, or modification will be effective immediately upon posting on our
website.
6. Eligibility; Compliance with Children Privacy Issues
We do not knowingly collect or maintain personally identifiable information from children under
the age of 13. If you know of someone using our website that is under the age of 13, please
notify us immediately. If we are informed that anyone under the age of 13 is using the website,
his or her account will be cancelled and all of his or her information will be deleted from the
website as soon as practical.
7. How to Contact Us
If you have any questions or concerns about this Policy, or need to request corrections or
deletions to the information you have provided to us, then please contact us at
info@bodimp.com, or (563) 245-2470.