Privacy Policy of DTN Grain Portal App

Last updated: February 14, 2022

Introduction
1. This Privacy Policy (“Policy”) for DTN Grain Portal App (“Application”) is made available by DTN LLC (referred to as “DTN”, “we” or “us”) free of charge. The processing of Personal Data (as defined below) by the Application is primarily set out in DTN’s External Privacy Statement (“DTN Policy”), which is incorporated herein. The Policy in addition sets out how the processing of Personal Data would differ from the practices as set out in the DTN Policy (where this applies) and provides additional information where necessary.
2. Certain definitions, words that are written with a capital letter, that are used in this Policy originate from the DTN Policy. This means that you are requested to review the DTN Policy to understand their explanation.
3. In case of any conflict between the DTN Policy and the Policy, the Policy prevails.
4. This Policy is meant to inform all users of the Application (“Users”). In case of any questions, you may contact us via the details as provided in the Policy.
Personal Data
1. We work with the following definition of “Personal Data”: all information relating to an identified or identifiable natural person. An identifiable natural person is the one who can be identified directly or indirectly, in particular by a 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, psychological, genetic, mental, economic, cultural or social identity of that natural person.
Data controllerThe data controller for the processing of Personal Data through the Application is: DTN LLC, 2131 Lindau Lane, Suite 700, Bloomington MN, 55425, USA Registry Number 84774299.
Data Protection Officer
1. DTN has appointed a contact person to direct your questions on privacy or the rights you may have to:
  DTN LLC
  Att. Sylvia van Zijderveld
  P.O. Box 24092,
  3502 MB Utrecht, The Netherlands
2. Or email [email protected]. Please note that the legal department of DTN also receives a copy of your message via this email address. We aim to respond within 30 days from the date we receive privacy-related communications.
3. For the companies of DTN that are established within the European Economic Area, this contact person is formally appointed as “Data Protection Officer” as set out in the General Data Protection Regulation (“GDPR”).
How and What Personal Data and information we process
1. We may process, store and use the following categories of Personal Data where such is necessary:
  1. User e-mail (required)
  2. User address and ZIP-code (required)
  3. User Phone number (required)
  4. Username(s) and password(s)
  5. Service data (email address, username and inquiries)
  6. Device internet protocol (IP) address (automatically)
  7. Application version (automatically)
  8. Device Version (automatically)
  9. Device Operating System (automatically)
  10. The Personal Data on your use of the Application via analytics applications (automatically);
  11. All Personal Data you provide to us and for which we have determined the purposes and the means.
2. Should you choose to share further Personal Data via the use of the Application that is not in line with the practices as set out in the Policy and DTN Policy, DTN is not responsible for the processing of such Personal Data in any way.
3. Through the Application, DTN does not endeavour to collect any special categories of Personal Data or any sensitive Personal Data.
4. Personal Data and further information is collected via the following sources
  User
  Personal Data may be freely provided by the User, or, in case of data on usage of the Application, collected automatically when using the Application. In case of an error in the Application, we collect data and information on your device that may include information such as your device IP address, device name, operating system version, the configuration of the Application when utilizing it, the time and date of your use of the Application, and other statistics.
  
  App Store or Play Store
  DTN collects any information the User voluntarily choses to provide via the Application as well as personal information if the User registers or purchases an account where the User is required to provide its email address, password and username to receive the respective services. The account will be activated via the App Store, Play Store, Microsoft Store, or Amazon Store in compliance with their privacy policies.
  
  Google Analytics
  DTN may collect usage data as aggregated information such as number of sessions and session duration.
5. Location InformationWe do not actively collect information concerning the User’s location. The ZIP-code, that the User may enter into the search function of the Application e.g. to retrieve data on grain elevators, may be freely provided by the User and is not considered to be connected to the User or considered to be Personal Data.
  Or:
  
  We may use your location information to provide requested location-specific services, including farm to elevator distance. By default, permission to use your location information must be granted by the User. If we ask your location, the consent request is prompted from the Application. Once the permission has been given, it can be revoked by the User at any time. We may only utilize data regarding your location if you turn on such location services. The data regarding your location is never sent to our servers.
6. AnalyticsWe automatically collect Personal Data by using the analytics tools Google Analytics and Segment.io to analyse trends, administer and improve our services, and track Users’ movements around the Application on our behalf. The companies that provide these analytics tools may collect and use information under their own privacy policies, which we encourage you to review. For more information about Google Analytics or Segment and their privacy policies, please visit the Google Analytics privacy page and/or the Google Partners’ Page and the Segment.io privacy page. You may opt-out of the processing by Google Analytics by following the instructions on the Google Analytics Web Monitoring Opt-Out page. Segment.io is only tracking usage in aggregated, non-PII (personally identifiable information) ways, however you may choose to block api.segment.io with an adblocker.
7. Cookies and tracking technologiesThe Application may contain cookies or similar techniques, placed by third parties, to collect information and improve the services, such as analysing the use of the Application via Google Analytics as described above.
  For further information we refer to the DTN Cookie Statement
How We Use Personal Data – purposes of processing
1. We process your Personal Data for the following purposes:
  1. Allowing us to provide the Application and connected services to you, such as by allowing you to retrieve information based on a location as provided by you, to allow you to store and track information about you and your business and to manage your inventory, and to allow you to use the Application and connected services;
  2. Allowing us to authenticate you and enable you to use your account in the event of a reinstallation or a change of device without having to register or purchase a new account.
  3. To allow you to set the language, currency and other preferences in the Application;
  4. To comply with our legal obligations;
  5. To analyse the use of the Application;
  6. To be able to communicate with you and to answer any questions you might have;
  7. To deliver connected services to you;
  8. Allowing us to enable trouble shooting including diagnostics logging and debugging, user database management and infrastructure monitoring;
  9. To allow us to improve the performance of the Application and connected services;
  10. Allowing us to notify you of updates to the Application and offer new products, services, mobile applications, and/or recommendations to you.
2. We will only use Personal Data for the purposes which we collected it for. It may however be possible that we reasonably consider that we need to use it for another purpose, which is compatible with the initial purpose. If we need to use your Personal Data for an unrelated purpose, we will notify you.
3. Your Personal Data is not sold to any third party or shared with third parties without your permission, other than for the limited exceptions and purposes in this Policy and the DTN Policy or as otherwise permitted by applicable law.
Legal grounds
1. We may rely on the following legal grounds when we process your Personal Data:
  1. To perform the contract as we have entered into with you, concerning the safe and reliable access to and use of the Application (art. 6(1)(b) GDPR);
  2. To comply with a legal obligation to which DTN is subject (art. 6(1)(c) GDPR);
  3. For the purposes of legitimate interests as pursued by DTN (art. 6(1)(f) GDPR). These legitimate interests include: to analyse the use of the Application, to be able to communicate with you, to deliver our connected services, to enable trouble shooting including diagnostics logging and debugging, user database management, infrastructure monitoring, to respond to customer service requests, allowing us to send notifications, targeted advertisements and our newsletter, and allowing us to improve the performance of the Application and connected services.
Recipients of Personal Data
1. In addition to DTN, in some cases, the Personal Data may be accessible by external parties (such as third-party technical service providers, mail carriers, hosting providers, IT companies, communications agencies) appointed, if necessary, as data processors (as stipulated in the GDPR) by DTN. Categories of third-party service providers receiving Personal Data and the updated list of these parties are available in the DTN Policy.
2. With your consent, and with an opportunity for you to withdraw consent, we may share your information with third parties for marketing purposes, as permitted by law.
Transfer of Personal Data
1. Personal Data that is generated through the use of the Application may be stored on locations other than where it was initially collected. When transferred, we will ensure the DTN Policy and applicable laws and legislations, such as the GDPR, are complied with. Where applicable, you may obtain a copy of the applicable safeguards. Please consult the DTN Policy for more information.
Retention
1. DTN will retain your Personal Data for as long as necessary for the purposes we collect it for. The retention time depends on the type of Personal Data as processed:
  1. Session data: Personal Data that is collected only to be used during one session of using the Application, this Personal Data may only be available during the session;
  2. Account data: stored during the period of time in which Users have an account with us with a maximum of 2 years after the last activity or stored in aggregated format for a maximum of 26 months.
2. For further specific retention times, please consult the DTN Policy.
Security Measures
1. DTN takes appropriate security measures to prevent unauthorized access, disclosure, modification, or unauthorized destruction of the Personal Data. Please consult the DTN Policy for more information.
Your Obligations and Rights
1. Under circumstances, you have the right of access, rectification, erasure, restriction of and objection to processing of Personal Data, the right to data portability, the right to withdraw any consent at any time without affecting the lawfulness of processing based on consent
  before such withdrawal and the right to lodge a complaint with a supervisory authority.
2. To invoke your rights please be referred to section 17 of the DTN Policy. You may contact us by using the information provided in this Policy or the DTN Policy.
3. Unless specified otherwise, Personal Data requested when using the Application is voluntary, which means that it is not a statutory or contractual requirement, or a requirement necessary to enter into a contract. Users are free not to provide such Personal Data without
  consequences to the availability or the functioning of the Application or connected services. Where the provision of Personal Data is mandatory, such requirement is stated. In that case, failure to provide such Personal Data may make it impossible for the Application to work properly or for us the provide any connected services to you.
4. DTN does not conduct any automated decision making through or for the Application, including profiling.
Nevada ResidentsNevada residents who wish to exercise their sale opt-out rights under Nevada Revised Statutes Chapter 603A may submit a request by calling us at 1-800-485-4000 or by sending us an email at [email protected], or by mailing a request to the address
provided in Section 16 of this Policy

California Residents

The California Consumer Privacy Act of 2018 (the “CCPA”) requires DTN to make certain disclosures that already are covered in this Policy. This section provides an overview of the information required by the CCPA and an includes a description of how California residents can exercise the rights available under the CCPA.

Summary. The following table summarizes what categories of personal information DTN has collected, disclosed, or sold within the last twelve (12) months.

Category	Examples	Collected	Disclosed	Sold
A. Identifiers.	A real name, alias, postal address, unique personal identifier, online identifier, Internet Protocol address, email address, or other similar identifiers.	YES	NO	NO
B. Personal information categories listed in the California Customer Records statute (Cal. Civ. Code § 1798.80(e)).	A name, address, telephone number, education, employment, real estate financial information. Some personal information included in this category may overlap with other categories.	YES	NO	NO
C. Protected classification characteristics under California or federal law.	Age (40 years or older), race, ancestry, national origin, religion or creed, marital status, sex (including gender, gender identity, gender expression, gender, veteran or military status.	NO	NO	NO
D. Commercial information.	Records of personal property, products or service interests.	NO	NO	NO
F. Internet or other similar network activity.	Browsing history, search history, information on a consumer’s interaction with our Platforms.	YES	NO	NO
G. Geolocation data.	Physical location or movements.	YES*	NO	NO
K. Inferences drawn from other personal information.	Modelled tendencies, preferences, and interests.NO	NO	NO	NO
* We process geolocation data as part of our service, however do not store or send geolocation data to our servers.

DTN does not and does not intend in the future to sell your Personal Data.
Under the CCPA, California consumers have certain rights similar to those set forth in section 12. The following information further explains these rights, provides instructions for submitting CCPA requests, and generally describes the process DTN will use to verify and respond to CCPA requests:
1. You may request twice within a 12 month period that DTN disclose the categories of Personal Data collected about you in the 12 months preceding your request, the categories of sources from which the Personal Data was collected, the business or
  commercial purposes for which Personal Data was collected, and the categories of third parties with whom DTN shared your Personal Data. You may also make a request for the specific pieces of Personal Data that we have collected about you. If we are able to provide this information electronically, we will do so in a portable format.
2. Additionally, you have the right to request that DTN delete your Personal Data from our systems. DTN will take reasonable steps to fulfill your request, however, in certain circumstances we will be unable to delete all of your Personal Data as DTN is lawfully authorized to retain certain categorizes of your Personal Data for legitimate business and regulatory purposes. In instances where DTN is not required to delete of your Personal Data, DTN will notify you of those categories of Personal Data that we did not delete and will provide an explanation as to why the information could not be deleted.
3. Only you, or someone legally authorized to act on your behalf, may make a verifiable consumer request related to your Personal Data. Please note that DTN must be able to verify your identity in order to comply with your requests under this section. To do so, DTN will seek to associate the information provided by you when making a request with Personal Data we have collected about you previously. If we are unable to appropriately verify your identity, we may ask you to contact us to provide additional information or explain why we are unable to complete your request. If you are requesting specific pieces of Personal Data as the authorized agent of a California consumer, we will ask you also to submit reliable proof that you have been authorized in writing by the consumer to act on such consumer’s behalf.
4. California residents may submit any of the requests described in this section by email to [email protected] or by mailing a request to the address provided in section 15 of this Policy. Please include with your request your full name, preferred contact information and the nature of your request. Making a verifiable consumer request does not require you to create an account with us.
5. We endeavor to respond to verifiable consumer requests within 45 days of receipt. If we require more time (up to 90 days), we will inform you of the reason and extension period in writing. 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.
DTN may not and will not discriminate against any California consumer for exercising any of the rights described in this section, including in terms of price or services that we offer.
California Civil Code Section 1798.83, also known as California’s “Shine the Light” law, also allows California residents to request certain information regarding our disclosures in the prior calendar year, if any, of Personal Data to third parties for their own direct marketing purposes. If applicable, you may be able to opt-out of our sharing of your Personal Data with unaffiliated third parties for the third parties’ direct marketing purposes. Please send your request under Section 1798.83 (along with your full name, email address, postal address, and the subject line labelled “Your California Privacy Rights”) to [email protected] or the mailing address provided in section 15 of this Policy. We will attempt to provide you with the requested information within 30 days of receipt. Please note that not all Personal Data sharing is covered by Section 1798.83’s requirements.

Policy Changes & Updating Information
1. DTN reserves the right to modify this Policy whenever the need arises. Updates to this Policy will be posted to the Application in a timely manner. When such updates are made, the “last updated” date at the top of this Policy will be modified. This policy is not a contractual agreement and does not provide you with any legal right. Unless otherwise specified, the Application, its content, and its domain name and URLs are the sole property of DTN.
Questions
1. Should you have any questions, you may contact us via the following details:
  DTN, LLC
  ATTN: Privacy/Marketing
  2131 Lindau Lane, Suite 700
  Bloomington MN, 55425
  Phone: 1-800-485-4000
  Email: [email protected]
2. DTN will investigate and attempt to resolve complaints and disputes regarding use and disclosure of Personal Data by reference to the principles contained in this Policy.