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    Overview and Scope

    We at Vive Crop Protection Inc. (the “Company,” “we,” “our,” or “us”) recognize the importance of protecting the privacy of personally identifiable information (“Personal Information” or “PII”) collected about you and other visitors (collectively, “Users”) through our website (the “Site”). We are committed to ensuring that your privacy is protected. To that end, this Privacy Policy (“Policy”) discloses our practices regarding the collection, use, and disclosure of the PII we receive through Users’ use of the Site. Unless otherwise expressly agreed to in writing, your Personal Information will be processed according to the terms of this Policy. By using the Site, you accept the terms of this Policy.

    This Policy applies to the Site, which includes https://www.vivecrop.com/, its subdomains, and all of the websites and internet properties owned or operated by us, regardless of the medium by which the Site is accessed by Users (e.g., via a web or mobile browser).

    Information We Collect

    We are the sole owner of information collected on the Site. We collect several types of information from and about Users of the Site, including:

    Personal Information: We may collect PII from you when you complete forms, navigate web pages, and in connection with other activities, services, features, or resources we make available on the Site. PII means 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 individual or household. PII does not include publicly available information from government records, deidentified or aggregate information, or information excluded from the scope of certain data privacy laws.

    The types of PII we have collected, used, stored, and disclosed in the last twelve (12) months may include the following categories of information:

    Category

    Type(s) of Information

    Identifiers

    First Name, Last Name, Email, Phone Number, Postal Address, IP Address

    Characteristics of protected classifications

    Age (40 years or older), race, color, ancestry, national origin, citizenship, religion or creed, marital status, medical condition, physical or mental disability, sex (including gender, gender identity, gender expression, pregnancy or childbirth and related medical conditions), sexual orientation, veteran or military status, genetic information

    Commercial Information

    Records of personal property, products or services purchased, obtained, or considered, or other purchasing or consuming histories or tendencies

    Professional or Employment-Related Information

    Current or past job history or performance evaluations

    Internet or Other Similar Network Activities

    Browsing History, Search History, Interactions with the Site

    Inferences Drawn From Other Personal Information

     

    Profile reflecting a person's preferences, characteristics, psychological trends, predispositions, behavior, attitudes, intelligence, abilities, and aptitudes

     

    Geolocation Data

    Geolocation, beacon based location, GPS location

     

    You may disable our use of certain identifiers and activities through your device or browser settings.

     

    Deidentified Information: We may collect deidentified information from you and aggregate information that may not by itself reasonably identify you as the source when you navigate the Site (“Deidentified Information”). Deidentified Information may include: (i) device type, (ii) device operating system, (iii) internet browser type, (iv) internet service provider, (v) referring/exit pages, (vi) date/time stamp, and (vii) clickstream information. We will take reasonable measures to ensure that Deidentified Information we collect is not personally identifiable and may not later be easily used to identify you as required by applicable law.

    Children’s Information: We do not offer our services or promote the Site to, nor do we intentionally collect or retain PII from, children who are younger than 18 years of age. If we discover that we have inadvertently collected information from a child under 18 years of age, we will promptly take all reasonable measures to delete such information from our systems.

    How We Collect Information

    The information we collect depends on what Users do when they visit or utilize the Site. We collect PII and Deidentified Information in various ways, including:

    Directly from You: We collect PII when you voluntarily submit PII to us while completing forms on the Site and in connection with other activities, services, features, or resources we make available on the Site. The PII we collect depends on what you do when you visit or utilize the Site or how you choose to communicate with us. For instance, we may collect PII you provide directly to us when you enroll in our Text Messaging Program (see policy and terms below), fill out our surveys, purchase our products, or register for, use or attend our services.

    Through Your Use of the Site: We may collect PII and Deidentified Information that your browser transmits when you visit the Site. We may also collect Deidentified Information about how you access and interact with the Site through the use of automated tracking technologies, such as session cookies, persistent cookies, and web beacons.

    A cookie is a small data file that is transferred to an internet browser, which enables the Site to remember and customize your subsequent visits. We may use session cookies to make it easier for you to navigate the Site. In particular, we may use session cookies to record session information, such as which web pages you visited and to track your activity on the Site. Session cookies expire when you close your browser. We may also use persistent cookies to track and target your interests to enhance your experience on the Site. Persistent cookies remain on your device for an extended period of time. Additionally, we may use web beacons, which are single-pixel, electronic images embedded in the Site that allow us to gather information about your browsing activities on the Site.

    Most internet browsers automatically accept cookies. However, you can instruct your internet browser to block cookies or to provide you with a warning prompt before you accept cookies from the Site. Please refer to your internet browser’s instructions to learn more about these functions. If you reject cookies, the functionality of the Site may be limited and you may not be able to participate in several of the Site’s features.

    From Third Party Services: We may collect PII about you from third parties whose privacy practices may differ from the practices described in this Policy. We do not make any representations or warranties concerning, and will not in any way be liable for, any informational content, products, services, software, or other materials available through third parties. Your use of third parties’ services and/or third party websites is governed by and subject to the terms and conditions of those third parties and/or third party websites. We encourage you to carefully review the privacy policies and statements of such third parties and/or third party websites.

    How We Use Information

    We may use Users’ PII for lawful business purposes: (i) as necessary for the performance of our contract with Users, (ii) for our legitimate interests, so long as they are not overridden by Users’ own rights and interests, or (iii) as required by law. These purposes include:

    Direct Marketing: We may use your PII to send you promotional materials. You have the right to opt-out of receiving direct marketing.

    Customer Service and User Communications: We may use your PII to help us respond to your inquiries, questions, requests, and support needs more efficiently.

    User Experience Personalization: We may use Users’ PII and/or Deidentified Information in the aggregate to analyze Users’ browsing and usage activities and patterns in order to understand Users’ interests and preferences with respect to the Site and our services. This will help us optimize your experience on the Site.

    Business Optimization: We may use your PII and/or Deidentified Information to improve the content on our web pages, to customize the content and layout of our web pages, and in managing our everyday business needs. We may also use your feedback to improve the Site and our services. All of this is done with the intention of making the Site more useful for you.

    Safety and Security: We may use your PII and/or Deidentified Information to promote the safety and security of the Service, our users, and other parties. For example, we may use the information to authenticate users, facilitate secure payments, protect against fraud and abuse, respond to a legal request or claim, conduct audits, and enforce our terms and policies.

    We will not collect additional categories of PII or use PII we collected for materially different, unrelated, or incompatible purposes without providing you notice.

    Third-Party Use of Cookies

    Some content or applications, including advertisements, on the Site are served by third-parties, including advertisers, ad networks and servers, content providers, and application providers. These third parties may use cookies alone or in conjunction with web beacons or other tracking technologies to collect information about you when you use the Site. The information they collect may be associated with your PII or they may collect information, including PII, about your online activities over time and across different websites and other online services. They may use this information to provide you with interest-based (behavioral) advertising or other targeted content.

    We do not control these third parties' tracking technologies or how they may be used. If you have any questions about an advertisement or other targeted content, you should contact the responsible provider directly.

    How We Disclose Information

    We may disclose Users’ PII to third parties for a business purpose as described below. Otherwise, we do not sell, rent, or lease, PII, and will not disclose Users’ PII to third parties without your permission.

    To Our Affiliates: We may disclose your PII to affiliates, including companies within the Vive Crop Protection Inc. group.

    To Contractors and Service Providers: We may disclose your PII to third party contractors and service providers that assist us in providing user support, communicating with Users, and promoting our services, as well as third party contractors and service providers that provide other services to us relating to our services and/or the Site.

    Direct Marketing: We may use your PII to send you promotional materials. You have the right to opt-out of receiving direct marketing.

    To Advertising Partners: We may disclose Deidentified Information to third party advertising partners who help us serve advertisements across the web. This information does not identify you personally, but may be used by those marketing and advertising partners and other third parties to enable them to recognize you on other sites and services. Depending on where you reside, this disclosure may be considered a “sale” and you may have the right to opt out.

    To Third Party Marketers: We may disclose your PII to third parties to market their products to you if you have not opted out of these disclosures.

    Internet Cookie Data Recipients: We may disclose your PII and/or Deidentified Information with internet cookie data recipients such as Google Analytics, Meta, and Bing that analyze information regarding visits to our Site and/or place advertisements on our behalf. To learn more about Google’s privacy practices, click here. To access and use the Google Analytics Opt-out Browser Add-on, click here. To access your Meta (Facebook) ad settings, click here. To access your Bing ad settings, click here. Additionally, you can opt out of some of these services by visiting the Digital Advertising Alliance’s opt-out portal at: http://optout.aboutads.info/

    Social Media Companies: The information practices of social media networks that host our branded social media pages are governed by third parties’ privacy statements, which we encourage you to review to better understand those third parties’ privacy practices. We have no control over such third parties’ privacy statements or practices.

    Law Enforcement, Safety, and Legal Processes: We may disclose your PII to law enforcement or other government officials if it relates to a criminal investigation or alleged criminal activity. We may also disclose your PII: (i) if required or permitted to do so by law; (ii) for fraud protection and credit risk reduction purposes; (iii) in the good-faith belief that such action is necessary to protect our rights, interests, or property; (iv) in the good-faith belief that such action is necessary to protect your safety or the safety of others; or (v) to comply with a judicial proceeding, court order, subpoena, or other similar legal or administrative process.

    Sale or Acquisition of Assets: If we become involved in a transaction involving the sale of our assets, such as a merger or acquisition, or if we are transferred to another company, we may disclose and/or transfer your PII as part of the transaction. If the surviving entity in that transaction is not us, the surviving company may use your PII pursuant to its own privacy policies, and those policies may be different from this Policy.

    Security

    The security and confidentiality of your PII is very important to us. We use commercially reasonable security measures to protect your PII on the Site. However, no data transmitted over or accessible through the internet can be guaranteed to be 100% secure. As a result, while we attempt to protect your PII, we cannot guarantee or warrant that your PII will be completely secure (i) from misappropriation by hackers or from other nefarious or criminal activities, or (ii) in the event of a failure of computer hardware, software, or a telecommunications networks.

    Data Retention

    We will retain Users’ PII (including Sensitive PII, where applicable) while to the extent necessary to provide the services through the Site. Thereafter, we will keep PII for as long as reasonably necessary: (i) to respond to any queries from Users; (ii) to demonstrate we treated Users fairly; (iii) for ordinary business continuity procedures; or (iv) to comply with any applicable laws. We delete PII within a reasonable period after we no longer need the information for the purposes set out in this Policy.

     

    Text Messaging Program Policy and Terms

    With your consent, we may collect and use information about you, including PII, in relation to our text messaging (e.g., SMS and MMS) program (the “Text Messaging Program” or “Messaging Service”) to send you recurring promotional, marketing, transactional, or informational messages. Consent to receive text messages from us is not a condition of any purchase. Message and data rates may apply. Use of our Messaging Service is subject to the following terms.

    • By providing your mobile number to us, you acknowledge that you have read, understand, and agree to the Text Messaging Program Policy and Terms and expressly consent to receive communications (including but not limited to SMS and MMS messages) from, or on behalf of, Vive. Additionally, you acknowledge and understand that message and data rates may apply, and your consent is not required to buy goods or services. Further, you acknowledge and understand that you may revoke your consent at any time by texting ‘STOP’ to (833) 458-9611 to unsubscribe from the Messaging Service. If the contact information you provide changes after you opt-in to the Text Messaging Program, contact us at contactus@vivecrop.com to update your profile accordingly.
    • Data Collected. To facilitate the Messaging Service, we may collect your first and last name, telephone number, the content of any messages you may send, and your interactions with our messages (e.g., when you open or respond to a message).
    • Data Use. We collect and use the foregoing information about you to send you transactional updates regarding your orders and marketing messages regarding our product promotions.
    • Message Frequency. Unless otherwise noted, we may send multiple, recurring messages depending on your enrollment to, and interactions with, our Text Messaging Program. Notwithstanding the foregoing, you can expect to receive around two (2) messages a month from our Messaging Service.
    • Data Sharing. Information we collect and use about you in relation to our Messaging Service is not sold to third parties. Notwithstanding the foregoing, we may share your contact information (e.g., first and last name, and phone number) with third-party service providers who assist us in delivering messages via the Messaging Service. These third-party service providers are required to protect your information and may not use your information for other purposes unrelated to the Messaging Service.
    • Data Security. We implement industry-standard security measures, including a variety of physical, technical, administrative and organizational security measures based on the sensitivity of the information collected to protect your personal information, including your phone number and text communication data, against accidental or unlawful destruction or accidental loss, alteration, unauthorized disclosure or access.
    • Data Retention. We retain your contact information and text communication data for as long as necessary to fulfill the purposes described in the Text Messaging Program Policy and Terms.
    • Your Data Rights and Choices. You have the right to request access to, correction of, or deletion of your personal information, including your telephone number, at any time. To exercise any of these rights, please contact us at contactus@vivecrop.com. To revoke your consent to our Messaging Service at any time, you may text ‘STOP’ to (833) 458-9611to unsubscribe, or contact us at contactus@vivecrop.com.
    • Carrier and Message Disclaimer. Message and data rates may apply to your use of the Messaging Service depending on your mobile carrier. We are not responsible for any delays in message delivery or failures due to carrier or network issues.
    • Changes to this Policy and Terms. We may update the Text Messaging Program Policy and Terms from time to time. If we make significant changes, we may notify you via the Messaging Service, by updating this policy, or through any other applicable communication channel. If you do not opt-out of our Text Messaging Program after we have updated any related policy and terms, your continued use of the Messaging Service demonstrates your consent to remain in our Text Messaging Program and to receive text messages from us.
    • Customer Support. For any question regarding these Text Messaging Program Policy and Terms, to make requests related to your personal information or to opt-out of our Text Messaging Program, please contact us at contactus@vivecrop.com.

    California Privacy Rights

    California’s “Shine the Light” law permits Users of the Site that are California residents to request certain information regarding our disclosure of PII to third parties for their direct marketing purposes. To make such a request, please contact us at contactus@vivecrop.com.

    State Privacy Rights

    Residents of certain states may have additional personal information rights and choices, including rights related to our advertising and analytics activities that may be considered “sales” or “sharing” of your PII or “targeted advertising” under the law that applies to you. Depending on where you reside, you may have the right to opt out of targeted advertising, sharing, and sales of your PII, in addition to other applicable privacy rights. If you believe you have such additional rights and wish to exercise them, please send us an email with your request, including the specific rights you wish to exercise, to contactus@vivecrop.com. Please be aware that your rights are limited to the extent permitted by applicable law.

    Do Not Track Disclosure

    Some internet browsers may transmit “do-not-track” signals to websites with which the browser communicates. The Site does not currently respond to these “do-not-track” signals.

    SPAM

    We do not participate in bulk email solicitations that you have not consented to receiving (i.e., “Spam”). We do not sell or disclose customer lists or email address lists to unrelated third parties. Except as otherwise provided herein, we do not share PII with any third party advertisers.

    Third Party Links

    The Site may contain links to other websites or applications (“Linked Sites”) that are not owned by the Company. We do not control the collection or use of any information, including PII, which occurs while you visit Linked Sites. Therefore, we make no representations or warranties for —and will not in any way be liable for—any content, products, services, software, or other materials available on Linked Sites, even if one or more pages of the Linked Site are framed within a page of the Site.

    Furthermore, we make no representations or warranties about the privacy policies or practices of the Linked Sites, and the Company is not responsible for the privacy practices of those Linked Sites. We encourage you to be aware of when you leave the Site and read the privacy policies of Linked Sites.

    Modifications

    We reserve the right to update this Policy from time-to-time in our sole discretion. If our privacy practices change materially in the future, we will post an updated version of the privacy policy to the Site. It is your responsibility to review this Policy for any changes each time you use the Site. We will not lessen your rights under this Policy without your explicit consent. If you do not agree with the changes made, we will honor any opt-out requests made after the Effective Date of a new privacy policy.

    Accessing, Updating, and Controlling Information

    If you ever wish to access, update, change, delete, opt-out of us sharing, or otherwise control your PII, you may do so by contacting us at the Contact Information provided below. To help us process your request, please provide sufficient information to allow us to identify you in our records. We reserve the right to ask for additional information verifying your identity prior to disclosing any PII to you. Should we ask for verification, the information you provide will be used only for verification purposes, and all copies of the information will be destroyed when the process is complete.

    If you wish to opt-out of receiving update messages and/or direct marketing communications from us, you may opt-out by (i) following any instructions included in the communication or (ii) contacting us at the Contact Information provided below. Please be aware that although you may opt-out of update messages and/or direct marketing communications, we reserve the right to email you administrative notices regarding the Site, as permitted under the CAN-SPAM Act.

    We will make commercially reasonable efforts to respond to opt-out requests and handle requests to access, update, change, or delete PII without unreasonable delay and in any event within one month of receipt of a Users’ request. Where circumstances require, we may extend the reply period for an additional two months. Please be aware that requests may be limited to the extent permitted by applicable law.

    Contact Information

    If you have questions about this Policy or wish to contact us with questions or comments, please contact us at: contactus@vivecrop.com

    Effective Date

    This Policy was last modified as of the effective date printed above. This version of the privacy policy replaces and supersedes any prior privacy policies applicable to the Site.