Privacy policy

1. Our commitment to your privacy

Indigo Ag Inc. and its subsidiaries (“we,” “our” or “us”) recognize/s that your privacy is very important to you and we are committed to protecting your (“your,” “you’) Personal Data.

“Personal Data” means any information relating to an identified or identifiable natural person; an identifiable natural person is one who can be identified, directly or indirectly, in particular by reference to an identifier such as a name, an identification number, location data, an online identifier or to one or more factors specific to the physical, physiological, genetic, mental, economic, cultural or social identity of that natural person.

This privacy policy (“Privacy Policy”) describes the Personal Data that Indigo or its service providers collect, how it is processed as well as the purposes for such processing.

Indigo offers a range of services (“Services”) consisting of the services offered by Indigo or its subsidiaries, now or in the future, and any content including, without limitation, agronomic product service offerings, carbon product service offerings, SMS-based preliminary indications, indication acceptances, binding contract offers and acceptances, market data, price information, connectivity, contract confirmation, and messaging.

The Services may be made available to you through any of the existing and future electronic systems, APIs, SMS platforms and other platforms (collectively, the “Systems”).

This privacy policy (the “Privacy Policy”) applies to Personal Data we receive and handle about participants in connection with:

• Your use of this website and mobile applications (collectively, our “Site”);
• Communication with Indigo;
• Marketing messages;
• Recruitment processes;
• Your use of Indigo products or Services;
• Participation in binding contract offers and acceptances, market data, price information and pricing contracts, messaging;
• Ability to connect with Indigo representatives or advisors;
• Use of the APIs, SMS and other platforms through which Indigo makes the Services available.

By providing Personal Data, using our Site, or accessing Systems and/or Services, you agree to be bound by the terms of this Privacy Policy.

This policy also includes our credit reporting policy, that is, it additionally covers how we manage your Personal Data collected in connection with a credit application, such as details relating to your credit history, credit standing, credit capacity and credit worthiness (“credit information”).

A separate policy applies to the collection and use of Personal Data of Indigo employees, contractors and other staff.

2. The kinds of information that we collect and process

The kinds of Personal Data we collect and process, by or on behalf of us, include:

Contact Information: such as: your name, address, email address, telephone number,

Personal Details Information: such as: your name, date of birth, social security number, employer, profession and job title.

Technical Information: such as: technical data collected about your interaction with our websites, mobile applications and email communications including IP address; log files; unique device identifiers; pages viewed; date and time of access; content of request; username; password; usage data; device type; browser type and settings; language settings; aggregate statistical information; transferred volume of data; and website requesting access.  

Location Information: such as location data.

Marketing Data: such as: cookie data; browsing history; advertising interests; responses to direct marketing and opt-outs from direct marketing.

Grower Data: such as: grower offers; transport offers; crop data; agronomic data; land data; satellite imagery data, and grower management data.

Financial Information: such as: payment information; bank details; liens; card details; purchase interests and purchase history.

Credit Information: If applicable, as based upon your participation in Market+, we may collect credit information. By applying for our services, you agree that we may obtain this credit information from you or from a credit reporting body. This information may include: 

• Default information;
• Credit infringement information;
• Personal solvency information (e.g. bankruptcy information);
• Court proceedings information (e.g. any default judgments entered against you); and
• Repayment history information.

You can choose not to provide your Personal Data to us, but generally the information we request from you is required in order for us to provide you the goods and services we offer.

3. How we collect Personal Data

Generally, we collect Personal Data from:

Direct Interactions: such as when you contact us, inquire about our products or Services, participate in surveys or questionnaires,

Mobile Applications: such as when you download or use one of our apps. Some apps may have specific privacy statements that include more specific information that you should review. Section 18 contains additional app specific terms.  

Cookies and Automated Technologies: such as when you visit or interact with our Site or click on links on emails or text messages.

Public Sources: such as when we need to collect Personal Data from publicly available sources including, land registries and government agencies.

Social Media: such as Personal Data that you make available by linking to social media platforms using social media plug-ins, or your social media profile(s).

Grower Technologies: such as when you use, or receive any service offerings that include, any agronomic, data recording, mapping or satellite technologies.

Dealers: such as when you provide Personal Data to an authorized Indigo partner, distributor or reseller.

Products and Services: such as when you provide us with information in connection with our products and Services, as well as information gathered through our Services.

Private Third-Party Sources: such as when third parties provide information to us.

4. Cookies

With regard to Site use, components of our Site may use “cookies” (these are files that are implanted in your hard drive by some websites to store information about your web use patterns) to enhance or personalise your use of our Site. Cookies allow for the collection of information such as:

• browser type;
• time spent on our Site;
• pages visited;
• language preferences

These cookies may also be used to collect and store information about your usage of certain components of our Site. We or our service providers may in any case collect anonymous information that allows us to review information about the date, time and duration of visits to our components of our Site without identifying you.

Pixel tags, web beacons, clear GIFs, or other similar technologies may be used in connection with our Site to track the way you use our Site and to compile statistics about site usage and response rates. This information is generally automatically provided to us by your web browser.

You may choose to refuse cookies by turning them off in the browser; however, if you do not accept them, you may experience some difficulty in your use of certain components of our Site.

We may use cookies to:

• Improve the functionality of our Site;
• Process your purchase orders;
• Display information more effectively;
• Personalize your experience while using our Site;
• Gather information of how our Site is used and compile anonymous and aggregate statistics.

5. How we use Personal Data

The primary purpose(s) we collect your Personal Data is to:

• verify your identity;
• respond to your queries;
• maintain our relationship with you;
• provide our products and Services to you, including without limitation, pricing products;
• send you statements and invoices;
• collect payments from you;
• provide you with information about our products and Services;
• update you on changes to our Services terms, conditions, policies and other administrative information;
• conduct research for our own internal purposes;
• request credit information from a credit reporting body;
• enable the creation of bids, offers and acceptance to the extent applicable;
• send you communications and contact you about our goods and Services, programs, events, campaigns, functions or news updates that may be relevant or of interest to you;
• administering, maintaining and monitoring Site performance and usage.

You agree that we may use your Personal Data for any of these purposes.

6. Legal basis for Processing Personal Data

The legal basis for processing your Personal Data in connection with the purposes may, depending on the circumstances, rely on any of the following legal bases:

• The processing is necessary in connection with a contract entered into with you, or for your benefit;
• We or a partner has obtained your prior written consent to the processing;
• The processing is required by laws, statutes or regulations applicable to us;
• We have a legitimate interest in carrying out the processing (including our legitimate interest in providing goods and Services to you, maintaining or improving our products or Services, operating our business, alerting you to other products or services that may be of interest to you) and there is no undue risk to your right, freedoms or interests;
• The processing is necessary to protect the vital interests of any individual;
• Any other lawful basis.

7. How we use credit information

To the extent applicable for your participation in Market+, we use the credit information that we obtain from you or a credit reporting body and information we derive from such information strictly for the purpose of assessing your application for credit. If you do not authorize us to obtain credit information about you, we may be unable to assess your creditworthiness and therefore your suitability for any prepayment or participation in certain products or programs. In such circumstances, your request for credit may be refused.

To the extent applicable for your participation in Market+, we may disclose your Personal Data to credit reporting bodies where we are permitted to do so by law, for example, in circumstances where you fail to meet your payment obligations in relation to customer credit. These credit reporting bodies may include any such information in reports provided to other credit providers to assist them to assess your credit worthiness.

8. The circumstances in which we may disclose Personal Data

So that we may use your information for the purposes identified above, we may disclose it to external providers of services, for example, without limitation, entities providing validation services, crop analysis, providers of security, marketing and IT services, also, to the extent applicable, your information may be disclosed to potential buyers in order to help facilitate the creation of bids and offers. We may also outsource certain functions of our business.

We may disclose Personal Data to related entities and you may receive communications directly from these entities in order that you may receive information about products, services and/or event that may be of interest to you. These communications may include information and marketing communications about their products and services. We use reasonable endeavours to ensure that these companies do not breach any U.S. laws, however, we disclaim all liability for any unlawful use of your Personal Data by an affiliated or associated company.

We may disclose your Personal Data to the extent that we are required to do so by law, including in connection with any legal proceedings, anticipated legal proceedings or regulatory administrative matters, or in order to comply with any legal obligation, or to establish, exercise or defend our legal rights or in response to a request from law enforcement or governmental agencies. We may sell, transfer, or otherwise disclose our database of Personal Data to an actual or potential successor entity, purchaser, or investor in connection with a corporate merger, consolidation, sale of our assets or a substantial part of our assets, share sale, investment transaction or other corporate rearrangement.

We may disclose your Personal Data to a prospective seller or buyer for the purpose of selling, merging or transferring all or a portion of our business or assets in order to enable such transfer.

If you make a payment via our Site or one of our apps or directly to us or one of our dealers your Personal Data may need to be provided to third parties for the purpose of processing such payments.

You agree that we may disclose your Personal Data in any of these circumstances. We disclaim all liability for any privacy breaches by third parties to whom we have disclosed your Personal Data in accordance with this policy.

Indigo will assure that any third party service provider that Indigo shares or discloses information with will legally be required to provide the same or equal protection of user data as provided by Indigo.

You may withdraw your consent to use or disclose your Personal Data at any time. To withdraw this consent please contact us at the details below. Please note that withdrawing your consent may mean that we are unable to provide you with any services.

9. International Transfer of Personal Data

Personal Data that we collect may be transferred and stored in jurisdictions other than the jurisdiction in which your Personal Data was originally collected, including overseas, and transferred between any of the countries in which we, our related entities or our service providers or international distributors operate in connection with the operation of our Site or in connection with any of the processing purposes set forth in this Privacy Policy.

Your Personal Data may be transferred overseas if we sell, transfer or disclose our database of Personal Data to an actual or potential successor entity, purchaser or investor who is located or has offices overseas in order to enable such actual or potential transfer. It is not practicable to specify the likely countries in which recipients of information may be located in this regard.

These transfers of Personal Data are necessary in order to provide our products and services to you in an effective and efficient manner. The Personal Data will be transferred for the operation of our Site or in connection with any of the processing purposes set forth in this Privacy Policy.  

10. Security of your Personal Data

Once in our possession, we take all reasonable precautions to protect the personal and credit information we hold about you from misuse, interference and loss and unauthorized access, modification or disclosure.

Whilst we endeavour to provide a secure online environment, there are inherent risks associated with the transmission of information via the internet and no data transmission over the internet can be guaranteed to be completely secure. We therefore cannot warrant the security of any information you provide to us over the internet and you do so at your own risk.

We encourage you to play an important role in keeping your Personal Data secure, by maintaining the confidentiality of any passwords and account details used on our Site. It is your sole responsibility to maintain such confidentiality and we will not be liable for any damage, loss or expense suffered due to such disclosure.

Indigo processes Personal Data in a manner that ensures appropriate security of the Personal Data, including protection against unauthorized or unlawful processing and against accidental loss, destruction or damage, using appropriate technical or organizational measures. Additionally:

• Indigo has imposed disciplinary measures for violations of the comprehensive information security program rules;
• Indigo performs regular monitoring to determine if the information security program is operating in a manner to prevent unauthorized access to or unauthorized use of Personal Data.

11. Third parties

With regard to your use of certain components of the Site, certain components of our Site may contain links to third party websites and social media features that are hosted by a third party. Links to other websites do not constitute sponsorship, endorsement or approval of the information found on those websites. You should evaluate the accuracy, relevance and suitability for your purposes of any such information. We are not responsible for the privacy policies or practices of third party websites, and your interactions with any social media features are governed by the privacy policies and practices of the hosting entities.

12. Access to and correction of your information

We aim to ensure that your personal and credit information is accurate, complete and up to date. To assist us, please contact us via the details below if any of your details provided have changed or if you believe that the information we hold is inaccurate.

You may request us to provide you with access to the personal or credit information we hold about you at any time. We will respond to your access request as soon as possible, however, prior to disclosing any such information it may be necessary for you to satisfactorily verify your identity.

There are exceptional circumstances where access to or correction of your personal or credit information may be refused by us such as where access would be unlawful. We will advise you of such circumstances if they arise.

13. How You Can Manage Your Privacy

You may limit the collection of certain website information by deleting or disabling cookies. Most computers' internet browsers enable you to erase stored cookies, block all cookies, or receive a warning before a cookie is stored. Disabling cookies may prevent you from using specific features on our Site or other websites, such as ordering products or Services and maintaining an online account.

Please note that many opt outs use browser cookies or device controls and are specific to the device, or browser, you are using. If you buy a new computer, change web browsers or devices, or delete the cookies on your computer, you may need to opt out again. 

14. Privacy of Children

We do not knowingly intend to collect information from or direct Indigo Services to children age 16 and under. If Indigo learns that information has been received from a child under 16, then Indigo will delete such information.

15. Retention of Information

Indigo retains your Personal Data only for the period necessary to fulfill the purposes outlined in this Privacy Policy, unless a longer retention period is required or allowed by law or to otherwise fulfill a legal obligation. For the purpose of business continuity, Indigo backs up your data within the Indigo infrastructure. As soon as these retention periods are complete, the data will be deleted or properly anonymized in order that you may no longer be identified from it.

16. Marketing

Indigo may contact you by phone, email, text or via other electronic communication to provide you with marketing information and materials about Indigo products or services that may be on interest to you. If you do not wish to receive such communications, you may contact Indigo or, as applicable, follow the unsubscribe options provided in the electronic marketing communications.

17. Privacy Policy Updates

From time to time, we may change and post revisions to this Privacy Policy and such changes to this Privacy Policy will become effective upon the posting of the revised Privacy Policy on our Site. Your use of our Site following these changes means that you accept the revised Privacy Policy.

18. Specific Mobile Application Terms

The following terms are specific and controlling with regard to the types of mobile applications (to the extent applicable) referenced below:

iOS Mobile Applications (the “iOS Apps”)

Indigo collects usage data and technical information to conduct mobile analytics for internal use in order to increase the usability of the iOS Apps.  This data will not be shared with third parties or utilized to track users across other third party apps unless the iOS Apps first request and obtain your permission before collecting analytics, and providing you with the right to opt-out at any time for any tracking or sharing purpose.  Indigo does not share your location data with third parties except if required by law.  The iOS Apps are intended only for users in the United States; do not use these applications outside of the United States.

Android Mobile Applications (the “Android Apps”)

Indigo collects usage data and technical information to conduct mobile analytics for internal use in order to increase the usability of the Android Apps.  This data will not be shared with third parties or utilized to track users across other third party apps unless the Android Apps first provide notice to you of such use for tracking or sharing purposes.  Indigo does not share your location data with third parties except if required by law.  The Android Apps are intended only for users in the United States; do not use this application outside of the United States.

19. California Resident Users

If Indigo performs business in the State of California, California residents have rights under the California Consumer Privacy Act and may: request (a) information pertaining to the Personal Data about you that Indigo collects, uses and discloses and (b) deletion of your Personal Data collected by Indigo by contacting Indigo as set forth in the contact section or by contacting via phone at 1-855-915-3399. Your exercise of these rights will not result in discriminatory treatment or a lower quality of service to you. Indigo has not sold consumer personal data of California residents in the last twelve months.    

20. Connecticut Users

If Indigo performs business in the state of Connecticut:

• Indigo shall not print your Social Security number on any card required for you to access products or Services;
• Indigo shall not transmit your Social Security number over the Internet, unless the connection is secure or the Social Security number is encrypted; or
• Indigo shall not require you to use your Social Security number to access an Internet web site, unless a password or unique personal identification number or another authentication device is also required to access the Internet web site.

21. Contact Us

If you have any questions or complaints about this Privacy Policy or our treatment of your personal or credit information, or if you would like to access or amend your Personal Data, please contact us:

Privacy Officer, Indigo Ag, Inc.
500 Rutherford Ave.
Charlestown, MA 02129
privacy@indigoag.com

 This policy will be reviewed from time to time to take account of new laws and/or changes to our operations. Any information we hold about you will be governed by our most current policy. We recommend that you periodically review this policy for any changes.

Learn more about Indigo's Data Management and Protection Principles.

Last Updated:   February 14, 2022