PRIVACY POLICY
Last Updated: November 15, 2017
1. Introduction

This Privacy Policy (“Privacy Policy”) describes the information that AgVend Inc. (“AgVend” “we,” “us”) may collect, store, process, use and disclose when you access AgVend’s website located at www.agvend.com (the “Website”), AgVend’s downloadable applications (the “Apps”) or any associated services (the “AgVend Services,” and together with the Website and Apps, the “Platform”). Information collected may include your “Personal Information,” which means information that identifies you as an individual, such as your name, address, telephone number, email address or other contact or identification information. YOUR USE OF THE PLATFORM CONSTITUTES YOUR ACCEPTANCE OF THE TERMS OF THIS PRIVACY POLICY AND YOUR CONSENT TO OUR COLLECTION, USE, DISCLOSURE AND STORAGE OF YOUR INFORMATION, INCLUDING PERSONAL INFORMATION, AS STATED IN THIS PRIVACY POLICY. IF YOU DO NOT AGREE TO THE TERMS OF THIS PRIVACY POLICY, YOU ARE NOT PERMITTED TO ACCESS OR USE THE PLATFORM.

2. Information We Collect

Information you provide. In order for you to access certain portions of the Website or Apps, including to sell or purchase products or services from other users, you may be required to register on the Website or App and create an account. When you register, you will be required to provide certain Personal Information, such as your name, email address, telephone number, mailing address, and other contact information. You may also provide us with information, including Personal Information, when you contact us via the Platform or by email, including in connection with customer support requests.

If you as a “Buyer” are buying products or services from users selling products or services via the Platform (“Partner Retailers”), you will be required to provide payment, billing and shipping information as well as information and documentation on any required licenses or certifications needed to complete an order in accordance with applicable law.

Information collected via the Platform. In addition to the information you provide, we collect certain information when you access and use the Platform. This information includes:

  • Information on the browsers and devices from which you access the Website or an App, including IP addresses, browser types and versions, operating system and platform information, device type and device identifiers;
  • Platform or device usage data, such as when and for how long you accessed our Website or App, pages you viewed, and products and services you searched for combined with location information from the search;
  • Transaction information, including to whom you have sold products, from whom you have purchased products, frequency of transactions completed by you, and any issues you have experienced with your transactions;
  • geographic location; and
  • Aggregated, anonymized, or de-identified information.
3. How We Collect Information

Cookies. A cookie is a small data file that may be used, for example, to collect information about Website and App browsing activity. The Website and Apps use cookies to track overall site use and may be used to provide you with additional information about our products, respond to your inquiries, or (if applicable) to authenticate registration. AgVend uses cookies to identify users, such as yourself, and to link users to their searches, Transaction history, and other Platform services and offerings. In addition, certain of our third party service providers also use cookies to track and collect data from users of our Platform, including our customer relationship management service provider, who uses cookies to provide customer support services via our Platform. You can use your browser settings to manage your preferences for allowing use of cookies and to delete existing cookies. However, if you disable cookies, you may not be able to access certain parts of the Website or Apps or use certain features or functionality of the Platform.

Other tracking technologies. The Platform also uses technologies called “tracer tags.” These may also be referred to as “Pixels,” “Clear GIFs” or “Web Beacons.” These technologies allow us to understand which pages you visit on our Website and App, the products and services you sell or the orders you place via the Platform, and other ways you interact with our Platform, and allows us to track your location for the purpose of listing Partner Retailers and available inventory in your vicinity and to otherwise provide the Platform to you. We may link the information we record using tracking technologies to Personal Information we collect.

Google Analytics. We use Google Analytics as a third party tracking service to collect information about how our website performs and how our users, in general, navigate through and use the Platform. This helps us evaluate how our users use the Platform; compile statistical reports on activity; and improve our content and website performance. This service does not collect Personal Information. Google Analytics gathers certain simple, non-personally identifying information over time, such as your IP address, browser type, internet service provider, referring and exit pages, time stamp, and similar data about your use of the Platform. We do not link this information to any of your Personal Information. Google provides further information about its own privacy practices at www.google.com/policies/privacy/partners/, or other URL that Google may provide from time to time, and offers a browser add-on to opt out of Google Analytics tracking.

Other analytics providers. We may also utilize other third-party service providers to provide Platform analytics on an aggregated and anonymous basis. These third parties may use cookies, web beacons, and other technologies to collect information, which may include your IP address, content viewed and/or links accessed in order to provide such analytics.

Do Not Track. California law requires us to let you know how we respond to web browser Do Not Track (DNT) signals. Because there currently isn’t an industry or legal standard for recognizing or honoring DNT signals, we don't respond to them at this time.

4. How We Use Your Information

We may store, process and use Personal Information we collect through the Platform in order to:

  • Provide services, including third party services, to you through the Platform, such as payment processing and customer support and to allow you to place orders for products and services (“Transactions”) and interact with other users of the Platform;
  • Identify you when you visit the Website or App or request information from us;
  • Manage your access to the Platform;
  • Administer and communicate with you about your account, and verify your identity;
  • Manage our communications with you, including to notify you of any Platform changes, and to contact you about your Transactions or activity on your account;
  • Customize your user experience on the Platform, including tailoring the display of products and services on the Website or App based on your Transaction history and product searches, customizing search results, offering you specific products and services, and sending you information we think you may find useful, including information about our Partner Retailers;
  • Send you promotional and marketing communications for our future products as well as the products and services of our Partner Retailers;
  • Create reports with anonymized information on all Transactions conducted via the Platform, which we may share with our Partner Retailers;
  • Process, evaluate and respond to your requests, inquiries, applications and other requests submitted through the Platform;
  • Conduct the activities for which we provide specific notice to you at the time of collection or for which you specifically provide consent;
  • Evaluate and improve our Platform;
  • Perform market research on an aggregated basis, including as to the effectiveness of our advertising and marketing; and
  • Ensure the safety of our network services, information resources, employees and customers.

Targeted advertising (also known as behavioral advertising) uses information collected on an individual’s web browsing behavior such as the pages you have visited or the searches you have conducted. This information is then used to select which AgVend advertisement should be displayed to you on third-party websites. The information used for targeted advertising either comes from the Website or App or through third party website or app publishers. If you would like to opt out of targeted advertising from AgVend that occurs when visiting our third party advertising publishers’ websites or, you may contact us at the email or mailing address set forth below. Please note that this will opt you out of targeted ads from AgVend and any other participating advertisers. If you opt out, you may continue to receive online advertising from AgVend; however, these ads may not be as relevant to you.

5. How We May Share Your Personal Information

We may share Personal Information with third parties as follows:

  • To our current and future affiliates and subsidiaries for the purposes described in this Privacy Policy;
  • To other users with whom you engage in a Transaction (e.g., as a Buyer, to any Partner Retailer from whom you order a product or service);
  • To Partner Retailers, who may use the data for any purpose, including for their promotion of products and services directly to Buyers;
  • To our authorized service providers and suppliers who provide services to us such as website hosting, payment processing, data analysis, information technology and related infrastructure services, customer service, email delivery, auditing and similar services for the purpose of enabling them to provide such services;
  • To third parties to permit them to send you marketing and other communications you have elected to receive, subject to your designated communication preferences;
  • To third parties for purposes of which we provide specific notice to you at the time of collection;
  • As necessary or appropriate to comply with legal processes and/or to respond to requests from governmental authorities or to protect the rights, property or personal safety of AgVend or its employees or other users;
  • To a successor in the event of a direct or indirect merger, divestiture, restructuring, reorganization, dissolution or other sale or transfer of some or all of AgVend’s assets; and
  • To any entity for any products, services or companies we may acquire.
6. Data Security

We are committed to maintaining the security of your Personal Information and take what we believe are reasonable and industry-recognized safeguards designed to protect against accidental, unlawful or unauthorized access, disclosure or use of your Personal Information. Nevertheless, transmissions over the Internet are never entirely secure and we cannot guarantee the security or the preservation of the integrity of any transmitted data. Please consider this fact before transmitting via the Platform any Personal Information or information that you consider confidential.

The Personal Information we collect will be processed and stored on servers in the United States by us or our service providers. By submitting Personal Information via the Platform you consent to such storage and processing in such locations.

7. Managing your Personal Information; Contact Information

You may access, update, alter or delete your basic user profile information by editing your user profile. However, if you would like us to correct, update or delete the Personal Information that you have provided to us, you may contact us via email at [email protected] or by sending a letter to the following postal address below that includes your name, email address, account identification, and purpose of the request:

AgVend Inc.
Attn: Customer Service
Address: 400 South 4th Street, Suite 401-227,
Minneapolis, MN 55415

You may also contact us at the foregoing email address or mailing address for any other privacy-related concerns, including to opt out of any promotional emails or other marketing-related communications.

Please note that we may need to retain certain information for recordkeeping purposes, as required under applicable legal obligations. Some of your information may remain within our systems and other records, in compliance with applicable law.

8. Use by Children

The Platform is intended for use by persons who are 18 years of age or older. If you are under 18 years of age, your use of the Platform is expressly prohibited. If we discover that we have collected any Personal Information from a child under the age of 18, we will suspend the associated account and remove that information from our database.

9. Third Party Websites and Services

This Privacy Policy does not address, and we are not responsible for, the policies and practices of third parties or other organizations that are not AgVend service providers, including policies and practices related to privacy and security, data collection, processing, use, storage, and disclosure. Such parties include any third party operating any site or service to which the Website or Apps link (and the inclusion of a link on the Website does not imply endorsement of the linked site or service), and any mobile or other application provider, social media platform, operating system provider, wireless service provider, or device manufacturer, in each case used in connection with your use of the Website or Apps.

10. California Privacy Rights

This Privacy Policy describes how we may share Personal Information, if at all, for marketing purposes, as explained above under “How We May Share Your Personal Information.” You may contact us with any questions or to request a list of third parties to whom we may disclose Personal Information for marketing purposes and the categories of information we may disclose.

11. Dispute Resolution

This Privacy Policy shall be subject to the “Governing Law; Arbitration; Class Action Waiver” provision of the Terms of Service, located here.

12. Revisions and Updates

We may change this Privacy Policy from time to time. The “Last Updated” date at the top of this page states when this Privacy Policy was last revised. Any changes to this Privacy Policy will become effective when we post the revised Privacy Policy and your use of the Platform following such update constitutes your acceptance of the revised Privacy Policy. We encourage you to periodically review this Privacy Policy to stay informed about how we collect, use, and share Personal Information.