Effective Date: July 1, 2023

Climate LLC (“Climate,” “we” or “us”) knows your privacy is important to you, and our aim with this privacy statement is to help you make informed choices about your personal data. This privacy statement explains what information we collect about you, what we do with it, and how you can control it in connection with our Climate products, websites, applications, or other digital services (the “Climate Services”) that link to this privacy statement.  The term “personal data” can have different meanings depending on applicable law. In general, we use the term “personal data” to mean information that can uniquely identify you as an individual, but we will treat information we collect from you as personal data wherever necessary under applicable law.

You can navigate to any of the sections of this privacy statement using the links below:

A. Categories of personal data we collect

B. Our purposes for processing personal data and farm information

C. Sources of personal data

D. Third parties with whom we share personal data

E. How long we keep your information

F. How you can control your information

G. How we protect your information

H. Children’s personal data

I. Links to third-party websites

J. Consumer rights under the U.S. Privacy Laws

K. Non-discrimination

L. How to submit a request

M. Changes to this privacy statement

N. Contact us

A. Categories of personal data we collect

We collect 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 consumer or household (“personal data”), some of which may be considered sensitive personal data under applicable law. In particular, we have collected one or more data types in the following categories of personal data from consumers (including within the twelve (12) months preceding the effective date of this privacy statement):

Although some of the information we collect and process about you may be considered sensitive personal information, we only process such information for purposes authorized by law, such as to provide services you request from us or to verify your information.

In the twelve (12) months preceding the effective date of this privacy statement, we have not sold your information to third parties or shared it for purposes of cross-context behavioral advertising, including individuals under the age of 16.

B. Our purposes for processing personal data and farm information

We collect information about you and your farm operation for the following reasons:

To provide Climate Services and related support to you, such as enabling you to use the Climate Services to organize, visualize and evaluate information about your farm operation, share information about your farm operation with others, and receive information, estimates, agronomic prescriptions or other recommendations from Climate and its Bayer Group affiliates (“Bayer”) and other third-party sources relevant to your farm operation. 

To manage and respond to your inquiries concerning Climate and Bayer products and services.

To make agronomic recommendations to you or alert you to potential risks to your crops, such as trends associated with weather patterns, pests or planting locations, and providing product tips and other agronomic recommendations.

For our general administrative purposes. For example, Climate and Bayer may need your information to tell you about important changes to the Climate Services, create and administer your registered account, provide customer service to you, respond to inquiries regarding our products and services, or perform internal financial activities like auditing or billing.

For research and development purposes, such as to improve Climate and Bayer’s agronomic or scientific knowledge, develop and improve our products and services, assess and compare product performance, or analyze customer behaviors and market trends.

For our internal efforts to operate and improve Climate’s and Bayer’s businesses, such as making product advancement, production, deployment and distribution decisions, improving the quality of our products and services, forecasting, and identifying ways we can operate more efficiently or expand our business.

For advertising and marketing purposes. This could include sending you information about Climate and Bayer and the products, services, promotions, surveys, and events we offer, enhancing and personalizing the content we provide to you when using Climate Services, and enhancing and personalizing our communications with you about our products and services, including advertising and marketing communications. We may also need your information to administer promotions or programs we offer.  However, we will NOT use your personal data to price seed products to you or others, other than to offer you product discounts or make you aware of other offers or programs for which you may qualify, and we will not share your personal data with any non-affiliated third-party vendor or website owner for their own marketing purposes, without your consent.

For engaging with you through social media. Climate and Bayer use social media accounts (including Facebook, Twitter, YouTube, Pinterest, and Instagram) to engage with the public. This engagement allows us to build online awareness about our companies and our products; respond to messages through the comment, message, or chat functions; collect aggregated information about interactions with our content; analyze trends; identify and profile brand advocates and key influencers; and conduct social media listening of conversations about our company and our products. When you engage with us through our social media channels, the platform providers will also process information about you. For further information, please consult the privacy policy of the platform provider.

For security purposes, as necessary to help us protect against, identify, or investigate fraud or other criminal activity.

For other legal purposes, if we have a legal obligation, or need to pursue or defend against legal claims, that involves the use of your information.

For communication purposes, to get in touch with you in connection with any of the reasons discussed above.

For other purposes to which you expressly consent.

For auditing related to a current interaction with the consumer and concurrent transactions, including, but not limited to, counting ad impressions, verifying positioning and quality of ad impressions, and auditing compliance with this specification and other standards.

Attracting consumers to buy or subscribe to products, or enabling or effecting, directly or indirectly, a commercial transaction.

C. Sources of personal data

1. Information you provide to us. We may collect personal data that you provide directly to us through the Climate Services or through communications with us, including when you:

• Create an account
• Register or subscribe for a service
• Upload information using the Climate Services
• Subscribe to a mailing list
• Join a rewards program
• Enter a contest, sweepstakes, or other promotion/offer
• Request a rebate
• Order a product
• Comment on a blog or social media post
• Contact us for any reason

2. Information gathered automatically. When you use the Climate Services, we may automatically collect information directly from you or your devices, or through our third-party analytics providers.

We (and third parties acting on our behalf) may collect this information directly from your browser interacting with our Climate Services. We may also collect it through cookies and similar technologies, which typically work by placing a small file (like a text file or graphic) on your computer or smartphone, and the file is used to identify your device and to collect information. In this privacy statement, we use the term “cookies” in general to refer to these technologies. Cookies are typically assigned to one of four categories, depending on their function and intended purpose:

• Essential Cookies: These cookies are necessary for our Climate Services to operate properly and enable you to use its features.
• Performance Cookies: These cookies collect information about how you use our Climate Services and are used to improve and personalize future web experiences and deliver content more relevant to your interests. Our promotional communications may include these cookies to measure performance and deliver more relevant offers/content based on preferences.
• Functional Cookies: These cookies allow our Climate Services to remember choices you make and provide more personal features as well as services you have asked for. The information collected may be anonymized and is not used to track your browsing activities on other websites.
• Marketing Cookies: We use cookies to help us deliver our content and advertising. You can find more information below on advertising, including your choices with respect to these cookies.

Analytics services we use include Google Analytics, Flurry and Heap.io. For information about how Google Analytics collects and processes data, please visit www.google.com/policies/privacy/partners/. For information about how Flurry collects and processes data, please visit https://policies.oath.com/us/en/oath/privacy/index.html. For information about how Heap.io collects and processes data, please visit https://help.heap.io/category/data-privacy/data-privacy-faqs/. 

3. Information from social media. We may collect information when you interact with us through social media, including through the use of cookies. And if you link our Climate Services with a social media account, then we may collect certain information related to that account. You may have the ability to control what information is shared from your linked social media account by adjusting the privacy settings for that account.

We also use a third-party social-listening platform that compiles publicly accessible content on the internet in order to create aggregate reports that allow us to better understand our brand categories and more effectively market our products. This publicly accessible content may include personal data, such as your name or username in connection with a social media profile. To the extent we obtain any such information, we will maintain it in accordance with this privacy statement and use it only for the purposes described in this privacy statement.

4. Information from third parties and other sources. We may collect information about you from other sources such as our affiliates, public and third-party databases, and other third parties such as data brokers and advertising networks. For example, if you elect to participate in analytics, communications, or marketing programs, including those offered or run by third parties, we may enhance your information by obtaining or merging that information with technical, cookie, or other data we collect or that we receive from third parties.

D. Third parties with whom we share personal data

We may share information about you:

• With Bayer and other companies in which we have an economic interest or ownership rights for the purposes described above.
• With others working for us, which includes third parties that perform services on our behalf such as running our Climate Services, sending communications for us, and executing marketing programs and promotions. It's our practice to require third parties who perform services for Climate and have access to your personal data to follow data protection principles which are substantially similar to those in this privacy statement.
• With Climate and Bayer dealers or distributors, for the purpose of communicating with you about our products and services.
• With third parties to whom you request that we provide access, such as other FieldView Services users and Climate FieldView Platform Partners authorized by you to access your account or with whom you choose to share your data, according to your settings and configurations within the Climate Services.
• With other third parties, such as law enforcement or other government entities: (1) if we believe there has been a violation of our Climate Services policies; (2) if we believe that someone may be causing injury to our rights or property, to other users, or to anyone else; (3) to provide information to law enforcement; or (4) as required by law.
• As part of a corporate restructuring, such as a liquidation, reorganization, merger, sale of the company, consolidation, change of control, asset or stock acquisition/disposition, or other corporate combination. If that happens, we will use reasonable efforts to make sure the transferee uses your information in a manner consistent with this privacy statement.
• With other entities where you give us your permission.

We will not share information about you with any non-affiliated third-party vendor or website owner for their own marketing purposes without your consent. Notwithstanding the above, we will not share with any third parties (other than our text messaging service providers) information that you provide to opt in to our text messaging programs.

In the twelve (12) months preceding the effective date of this privacy statement, we have not sold personal data of California consumers.

E. How long we keep your information

In general, we will keep your information for as long as reasonably necessary to carry out the purposes described above, and to comply with statutory and regulatory retention requirements and other legal obligations we may have, such as in connection with litigation.

You may request to de-activate your FieldView account at any time in your account settings, or by calling Climate Customer Support at (888) 924-7475 during regular business hours posted on www.climate.com (generally, 8:00 AM to 5:00 PM Central Time Monday-Friday except public holidays), or by sending an e-mail to support@climate.com.  We may keep your account intact for a reasonable period of time to facilitate reactivation, unless you request that we close and permanently delete your account.  You may request that we close and permanently delete your FieldView account at any time by contacting the Climate Director of Data Privacy using the form or at the address provided below.  If you request that we delete your account, we will delete account details that directly identify you, such as your name and contact details, and you will not be able to re-activate your account.  We may retain some information about you or your farm operation as required for our own internal purposes, such as for legal compliance and operational purposes.  We will not use this information to market products or services to you, unless you subsequently agree to receive such marketing. We may also retain some information that has been aggregated, anonymized or put through another technical process that reduces our ability to attribute such information to you for our internal operations and research and development purposes, but we will no longer link this information with your FieldView account.

F. How you can control your information

1. Personal Data. You may review and ask us to change any information about you in your account profile and, where applicable, personal account preferences, stored in our system if you believe it is out of date or incorrect by contacting the Climate Director of Data Privacy using the form or at the address provided below, or where applicable, log in to your account to update your information or preferences.

Where you have provided your consent for us to use information about you, you may request to withdraw that consent for future uses of such information by contacting the Climate Director of Data Privacy using the form or at the address below. Where applicable, you may also log in to your account to update your preferences, which may include revoking consent to certain communication outreach and marketing uses.

2. Promotional Materials. You may opt out of receiving future commercial email or text messages from us or request that information about you be removed from the Climate Services by following any opt-out instructions in emails or texts we send you, or by contacting the Director of Data Privacy using the form or at the address provided below. Please be aware that if you opt out of receiving commercial messages from us, it may take up to ten (10) business days for us to process your opt-out request, and you may receive commercial messages from us during that period.

Even if you opt out of receiving promotional and marketing material, we may still correspond with you about your existing or past business relationships with us (e.g., any purchase of our products or use of our services, or responses to your requests for information either through the website or other means). We may also access and view your information in the course of maintaining and improving the Climate Services and our services.

3. Cookies, interest-based advertising and AdChoices. Most browsers are set up to accept cookies automatically. You can deactivate the storing of cookies or adjust your browser to inform you before the cookie is stored on your computer. You can find more information about cookies and how they work at https://www.allaboutcookies.org/.

In the case of third-party cookies for interest-based advertising, you can opt out of receiving interest-based ads from members of the Digital Advertising Alliance at http://www.aboutads.info/choices/ for web properties or at https://youradchoices.com/appchoices for mobile apps.

4. Location-based information. When you access the Climate Services, we may collect information related to your location through your device’s GPS, Wi-Fi, or Bluetooth. Your device may provide ways to prevent sharing your location, like disabling location-based services or turning off your GPS, Wi-Fi, or Bluetooth. If you disable any location-based services on your device, you may not be able to use certain features of the Climate Services.

5. Global Privacy Controls / Do Not Track. We recognize Global Privacy Control (“GPC”) signals, which are browser-based opt-out preference signals that can communicate your request to opt-out of the sale or sharing of your personal data. For more information on how the GPC works, visit their website here. Please note that some browsers may not natively support GPC functionality, or, if such functionality is supported by a particular browser, it may not be turned on by default. Our GPC signals do not apply to offline sales and are processed at the browser level, meaning you will need to enable the signal separately for each browser or device you use to ensure that we recognize the signal. Please consult your browser’s settings or your browser’s website for more information on how your browser may support GPC functionality.

Some browsers have “do not track” features that allow you to tell a website not to track you. These features are not all uniform. We do not currently respond to those signals. Instead, we collect, use, and share information as described in this privacy statement regardless of a “do not track” choice.

G. How we protect your information

We have implemented technical, administrative, and physical security measures designed to protect your personal data from unauthorized access, disclosure, use, and modification. Although we strive to keep your personal data secure, no security measures are absolute. We are committed to providing notice of any data breach as may be required by applicable law.  Use caution when transmitting personal data over the Internet.

H. Children’s personal data

In light of the importance of protecting children's privacy, we do not collect, process or use on our Climate Services any information relating to an individual whom we know to be under 16 years old without the prior, verifiable consent of his or her legal representative. Such legal representative has the right, upon request, to view the information provided by the child and/or to require that it be deleted. Just contact the Director of Data Privacy using the form or at the address provided below. We also do not knowingly sell or share for cross-context behavioral advertising the personal information of consumers we know to be under 16 years of age.

I. Links to third-party websites

We may provide links to other websites maintained by unaffiliated third parties for your convenience. But that should not be taken as our endorsement or approval of those websites or their content. We do not maintain those third-party websites and are not responsible for the availability, accuracy, or quality of their content. We make no representations or warranties whatsoever about any other website which you may choose to access through the Climate Services. You should review the terms and conditions related to the use of any third-party websites before using them.

J. Consumer rights under the U.S. Privacy Laws

This section describes how to exercise your rights under the California Consumer Privacy Act, the Virginia Consumer Data Protection Act, the Connecticut Data Privacy Act, the Colorado Privacy Act, and, as of December 31, 2023, the Utah Consumer Privacy Act. We call those laws collectively the “U.S. Privacy Laws.”

The rights in this section apply only to residents of the states included in the U.S. Privacy Laws. The residents of those states have the following rights:

• Right to Know and Access. The right to know and access the following information:
1. The categories of personal data we have collected about you.
2. The categories of sources from which we collected the personal data.
3. Our business or commercial purposes for collecting or sharing personal data with business partners.
4. The categories of third parties to whom we share personal data.
5. The specific pieces of personal data the business has collected about you.
• Data Portability. The right to receive your personal data in an electronic format that allows you to transmit your personal data to another entity without hindrance.
• Correction or Deletion. The right to ask us to correct or delete the personal data we have collected from you.

We reserve the right to deny requests in certain circumstances, such as where we have a reasonable belief that the request is fraudulent, where your identity cannot be confirmed, or where we must retain your information to comply with legal obligations. Consumers in some states may also authorize an agent to make data subject requests on their behalf. 

Depending on the jurisdiction in which you live, you may have the right to appeal our refusal to take action on your request. To appeal, please email support@climate.com and include the details of your original request.

K. Non-discrimination

Your privacy rights are important. If you exercise your privacy rights under the U.S. Privacy Laws, we will not do any of the following in retaliation:

• Deny you goods or services.
• Charge you different prices or rates for goods or services, including through the use of discounts or other benefits, or imposing penalties.
• Provide you a different level or quality of goods or services.
• Suggest that you may receive a different price or rate for goods or services or a different level or quality of goods or services.

L. How to submit a request

To submit a request regarding your rights under the U.S. Privacy Laws, you or your authorized agent can contact us here, or call us at 844-BAYER-DP (844-229-3737). You do not have to create an account with us to submit a request.

We can only respond to your request if it is verifiable. This means we are obligated to take reasonable steps to verify your identity and your right to access, correct, or delete the information you request. Where necessary, we may ask you to provide additional information that will help us do so. We will only use this information in the verification process, and not for any other purpose.

We do not charge a fee to process or respond to your verifiable consumer request unless it is excessive, repetitive, or manifestly unfounded. If we determine that the request warrants a fee, we will tell you why we made that decision and provide you with a cost estimate before completing your request.

If you are a Nevada resident, contact us here.

M. Changes to this privacy statement

From time to time, we may update this privacy statement. When we do, we will post it on the Climate Services and include the effective date of the update.

N. Contact us

Climate LLC
Director of Data Privacy
4 CityPlace Drive, suite 100
Saint Louis, MO 63141

Email