Privacy Policy
CLIMATE EDGE LIMITED – PRIVACY POLICY
When you use Climate Edge Limited’s User Services via our website (www.climate-edge.co.uk), our app or SMS Services you should be aware that Climate Edge Limited may collect certain information (so called personal data) about you such as your name, contact details and other information you provide to us such as farming data, information about the device you use and how you use the website and app.
Please see paragraph INFORMATION WE MAY COLLECT FROM YOU of this Privacy Policy below for more details of exactly what information about you we may process (“processing” refers to all activities we undertake with personal data, so inter alia collection, usage and storage).
Climate Edge Limited collects this information about you, including farming data, so that we can provide our services, run our business, contact you and comply with the law. Please see paragraph IF YOU FAIL TO PROVIDE PERSONAL DATA of this Privacy Policy below for more details of exactly why we process information about you.
1. PRIVACY POLICY
1.1. Climate Edge Limited, a company registered in England and Wales with company number 09871068 and registered address at 2 St Mary's Road, Tonbridge, Kent, England, TN9 2LB, United Kingdom (“we / us / our”) is committed to protecting and respecting your privacy. We are the controller and responsible for your personal data as described in this Privacy Policy.
1.2. You can contact us using the details at paragraph CONTACT.
1.3. You can contact our DPO at info@climate-edge.co.uk if you have any questions about how we handle personal data or want to exercise your legal rights.
1.4. This Privacy Policy explains how we will process any personal data we collect from you, or that you provide to us in connection with your use of www.climate-edge.co.uk (“Website”), the Climate Edge App (“App”) and services via SMS (“SMS Services”). Please read the following carefully to understand our practices regarding your personal data and how we will treat it. If you do not agree to us collecting and using the information about you then you must not use our Website, App or SMS Services.
1.5. We operate a website platform on which service providers (“Service Providers”) can offer services for farmers, co-operatives and other organisations (“User” or “You”) and on which Users can find general information regarding farming as well as tools helping them administer co-operatives. The platform can be accessed via the Website and the App (Website and App together: “Portal”), but Service Providers’ services can also be used by SMS. On our Portal, we offer basic information about farming. Also, co-operatives and other organisations can use tools offered on the Platform to administer the farmers in their organization. Users have access to a variety of services offered by the Service Providers on the Portal that You can use for Your own farm or for the farmers in Your co-operative. Please check our User Terms for further information [INSERT LINK TO USER TERMS].
1.6. Our Portal may, from time to time, contain links to and from the websites of our partners and affiliates, for example crop management information providers and scientific research databases. If you follow a link to any of these websites, please note that these websites have their own privacy policies and that we do not accept any responsibility or liability for these policies. Please check these policies before you submit any personal data to these websites.
1.7. This Privacy Policy was last updated in May 2020. We reserve the right to modify this Privacy Policy at any time and, where legally required, you will be notified of changes we make to this Privacy Policy. Please check back regularly to keep informed of updates or changes to this Privacy Policy.
2. INFORMATION WE MAY COLLECT FROM YOU
2.1. We may collect and process the following information in accordance with applicable data protection laws:
2.1.1. Contact details including but not limited to full name, age,
gender, email
address, phone number, organisation name (e.g. names of farms and co-operatives (“Contact Data”)).
2.1.2. “Farming Data”, including but not limited to location data (e.g. GPS data), altitude, size of farm, variety/age/type of crops, density of planting, what adaptations are used, air temperature, soil temperature, air humidity, yields and quality of yields.
2.1.3. Membership and payment details regarding registrations and transactions you carry out in relation to our Portal, including but not limited to order information, billing information, and sales channels (“Membership and Payment Data”).
2.1.4. Information provided when you communicate with us via contact forms, email, SMS, telephone, post or other means (“Communication Data”).
2.1.5. Information provided when individuals visit our Website and/or Portal (“Usage Data”). We capture access data such as IP address, browser type and version, time zone setting, browser plug-in types and versions, operating system and platform, date and time of the access, requests made, the amount of data transmitted and the requesting provider. We may also capture other information about visits to our Website and/or Portal such as site usage and traffic patterns. Whereas we may be able to identify an individual device and therefore an individual from this information, the purpose of collecting information is to administer, maintain and improve our Website and Portal (please see the “purposes for processing” section below for further details).
2.1.6. “Cookie data”. Cookies are small files which are downloaded to your device when accessing the Website and Portal. Most web browsers automatically accept cookies. We use cookies to collect information including but not limited to unique device identifiers to distinguish you from other users of the Website and Portal, to provide you with additional functionality (e.g. the ability to log in), and to monitor use of the Website and Portal. You do not have to accept cookies, but without accepting them you may experience reduced functionality. If you wish to reject the cookies then please check your browser settings to see how you can turn off the automatic download feature.
2.1.7. “Aggregated Data”: Aggregate Data include statistical or demographic data for any purpose. Aggregated Data could be derived from your personal data but is not considered personal data in law as this data will not directly or indirectly reveal your identity. For example, we may aggregate your Usage Data to calculate the percentage of users accessing a specific website feature. However, if we combine or connect Aggregated Data with your personal data so that it can directly or indirectly identify you, we treat the combined data as personal data which will be used in accordance with this privacy policy.
2.1.8. For more information about our use of cookies, read our Cookie Policy at [INSERT HYPERLINK TO COOKIE POLICY].
2.2. By using the Portal or otherwise providing data to us (including any Farming Data) you warrant that you have the authority to pass this information to us. If you provide any data to us (including any Farming Data) relating to any other individual, you warrant that you have explained this privacy policy to them, have obtained their consent to the processing and have informed them how to enforce their rights under this privacy policy and at law.
2.3. We are required to comply with certain legal and regulatory requirements, and may process your personal data for compliance with such legal or regulatory obligations, to which we or regulators or law enforcement agencies are subject.
2.4. Note that if any of your personal details change during your use of our Portal, you are responsible for updating them by accessing the relevant section of our Portal, or by contacting us at info@climate-edge.co.uk
3. IF YOU FAIL TO PROVIDE PERSONAL DATA
Where we need to process personal data by law, or under the terms of a contract we have with you, and you fail to provide that data when requested, we may not be able to perform the contract we have or are trying to enter into with you (for example, to provide you with goods or services). In this case, we may have to cancel a product or service you have with us but we will notify you if this is the case at the time.
4. LEGAL BASES AND PURPOSES OF PROCESSING
4.1. Any personal data we process will be used in accordance with applicable data protection laws. We will use your personal data based on the following legal bases:
4.1.1. consent where required by law.
4.1.2. contract performance where we need to perform the contract we are about to enter into or have entered into with you.
4.1.3. prevailing legitimate interests where it is necessary for our legitimate interests (or those of a third party) and your interests and fundamental rights do not override those interests. You can find further information on our legitimate interests in section 4.2 below, where applicable.
4.1.4. where we need to comply with a legal obligation.
4.2. We may use information you give us or that we collect from you for the following purposes:
4.2.1. to provide (necessary for the performance of our contract with you) and improve our products and services (this is our legitimate interest), administer user accounts and user content (necessary for the performance of our contract with you) and run our organisation (this is our legitimate interest);
4.2.2. to inform individuals about promotions and our products and services (mostly, this is our legitimate interest. However, if required by applicable law, we will obtain your consent for this);
4.2.3. to communicate with you (usually necessary for the performance of our contract with you; where there is no contract in place or you have not initiated the communication, we may do this based on our legitimate interests to communicate with you);
4.2.4. to administer, maintain and improve our Website and App which is our legitimate interest;
4.2.5. to notify you about changes to our service. This processing is necessary for the performance of our contract with you. Such activities are generally based on your consent, if not otherwise allowed by applicable law;
4.2.6. to provide you with advertising and offers that we think may be relevant to you. This may also concern information about services from our services providers on the Portal. We will however never disclose your personal data to others to allow them to send you marketing material;
4.2.7. for internal operations, including troubleshooting, data analysis, testing, research, statistical and survey purposes. We have a legitimate interest to process the personal data of our users for our internal operations;
4.2.8. for scientific research and statistical purposes. We have a legitimate interest to process the personal data of our users for these purposes. Where we process personal data of our users for scientific research or statistical purposes, we shall ensure that the processing is not carried out for the purpose of measures or decisions with respect to a particular data subject or is likely to cause substantial damage or distress to an individual;
4.2.9. to allow you to participate in interactive features of our service. This processing is necessary for the performance of our contract with you;
4.2.10. as part of our efforts to keep our portal safe and secure. We have a legitimate interest to process the personal data of our users to keep our portal safe and secure; and
4.2.11. to comply with any legal or regulatory obligations to which we are subject. This processing is necessary for compliance with a legal obligation to which we, our users or the regulator/law enforcement agency are subject.
4.3. We may provide your information in anonymised and aggregated form to our business partners, for their own commercial purposes. We have a legitimate interest to process the personal data of our users into anonymised and aggregated data for such purposes.
4.4. We will only use your personal data for the purposes for which we collected it, unless we reasonably consider that we need to use it for another reason and that reason is compatible with the original purpose. If you wish to get an explanation as to how the processing for the new purpose is compatible with the original purpose, please contact us.
4.5. If we need to use your personal data for an unrelated purpose, we will notify you and we will explain the legal basis which allows us to do so.
4.6. Please note that we may process your personal data without your knowledge or consent, in compliance with the above rules, where this is required or permitted by law.
4.7. We have set out below, in a table format, a description of all the ways we plan to use your personal data, and which of the legal bases we rely on to do so:
| Purpose/Activity | Type of data | Lawful basis for processing including basis of legitimate interest |
|---|---|---|
To register you for the Portal, administer your account and (if applicable) content |
Contact Data Farming Data Membership and Payment Data |
Performance of a contract with you |
To provide our services and enable you to participate in interactive features (PLEASE NOTE: This does NOT concern services of our service providers. They are controllers for your data in their own right and we recommend checking their privacy policies, too)
|
Contact Data Farming Data Membership and Payment Data |
Performance of a contract with you
|
To communicate with you, i.e. to answer your queries or notify you about changes to our services |
Contact Data Communication Data |
Performance of a contract with you Necessary for our legitimate interests (to keep our records updated and our information to users up to date) |
To administer and protect our business, the Website and the Portal (including troubleshooting, data analysis, testing, system maintenance, support, reporting and hosting of data as well as statistics and surveys) |
Contact Data Farming Data Membership and Payment Data Usage Data Cookie Data |
(a) Necessary for our legitimate interests (for running our business, provision of administration and IT services, network security, to prevent fraud and in the context of a business reorganisation or group restructuring exercise) (b) Necessary to comply with a legal obligation |
To make suggestions and recommendations to you about goods or services that may be of interest to you
|
Contact Data Farming Data Membership and Payment Data |
Necessary for our legitimate interests (to develop our products/services and grow our business) |
To improve our services, the Website and the App as well as the Portal |
Farming Data Usage Data Cookie Data |
Necessary for our legitimate interests (to improve our services and products to enable a better user experience) |
To conduct scientific research and create statistics that in the end lead to improved service provision to our users |
Contact Data Farming Data Membership and Payment Data Communication Data Usage Data Cookie Data
|
Necessary for our legitimate interests (to improve our calculation models and software) |
Create aggregated or anonymized data to obtain means by which data can be shared an further used in a privacy-friendly way |
Contact Data Farming Data Membership and Payment Data Communication Data Usage Data Cookie Data |
Necessary for our legitimate interests (to be able to make use of data without interfering with the data subjects’ rights and interests) |
4.8. If you have any questions about how we use your data please contact us at
info@climate-edge.co.uk.
5. DATA OBTAINED FROM THIRD PARTIES
5.1. Under specific circumstances, we process personal data that we have not collected directly from you, but that was provided to us by your co-operative, a representative of the value chain you are part of or an organisation that is similar to these and that you chose to be a member of (all together “Association”. This data includes (depending on what is required) your outgrower number, national ID and Farming Data. Usually, we receive this information about you to be able to perform our contract with you. In some cases, we require this information to be able to provide our services to the Association; which is our legitimate interest. In cases where we receive this information about you based on your consent, you will have been notified about this.
6. DIRECT MARKETING
6.1. Generally, we do not rely on consent as a legal basis for processing your personal data although we will get your consent before sending third party direct marketing communications to you via email or text message (but we usually do not do this). You have the right to withdraw consent to such marketing with future effect at any time by contacting us.
6.2. We will get your express opt-in consent before we share your personal data with any third party for marketing purposes.
6.3. You can ask us to stop sending you marketing messages at any time by logging into the website and checking or unchecking relevant boxes to adjust your marketing preferences OR by following the opt-out links on any marketing message sent to you OR by contacting us at any time.
7. DISCLOSURE OF YOUR INFORMATION
7.1. We may share your information with selected third parties including, but not limited to:
7.1.1. your relevant Subscriber, including its employees, contractors, technicians and farmers (if you yourself are not the Subscriber). We do this either to be able to perform the contract with them or based on our legitimate interest to perform our contract with you as the actual Subscriber;
7.1.2. our client Subscribers, their employees, contractors, technicians and farmers and our research and business partners. All of this information is anonymised and aggregated so that it cannot be tied to individuals; and
7.1.3. our suppliers and sub-contractors for the performance of any contract we enter into with them (sharing your data is then based on our legitimate interest to fulful that contract) or you, (e.g. to install physical equipment on farms or host our Portal on remote servers).
7.2. We may also disclose your personal information to third parties:
7.2.1. in the event that we sell or buy any business or assets, in which case we may disclose your personal data to the prospective seller or buyer of such business or assets or if Climate Edge Limited or substantially all of its assets are acquired by a third party, in which case personal data held by it about its users will be one of the transferred assets;
7.2.2. if we are under a duty to or permitted to disclose or share your personal data in order to comply with any legal or regulatory obligations, or in order to enforce or apply our Portal Terms and Conditions [INSERT LINK TO TERMS AND CONDITIONS] and other agreements; or to protect the rights, property, or safety of Climate Edge Limited, our users, or others. This includes exchanging information with other companies and organisations for the purposes of fraud protection and credit risk reduction based on our legitimate interest to protect our business.
7.3. We require all third parties to respect the security of your personal data and to treat it in accordance with the law. We will enter into the required data protection agreements with them. We do not allow our third-party service providers to use your personal data for their own purposes and only permit them to process your personal data for specified purposes and in accordance with our instructions.
8. WHERE WE STORE YOUR DATA
8.1. We may transfer your personal data outside of your country of residence to perform the services via our Portal, for example, where we use third party suppliers. We currently use third party suppliers with servers and operations located in Amazon Web Servers US data centers. If we sell or buy any business or assets and would be required to disclose your personal data to the prospective buyer or seller of such business or assets, or if we or substantially all of our assets are acquired by a third party, we may, to the extent that any of these situations occur, be required to transfer your personal data outside of your country of residence.
8.2. Where the transfers are not to countries that provide an adequate level of protection, we put appropriate safeguards in place to cover transfers of your personal data. This may include, for example, signing standard contractual clauses/data protection clauses adopted by the European Commission, or where applicable, relying on Privacy Shield certification where our suppliers are located in the US. Please click here for a link to the standard contractual/data protection clauses and click here for more information about the Privacy Shield for US companies.
9. RETENTION OF YOUR DATA
9.1. We take appropriate measures to ensure that any personal data is kept secure. We will store your personal data for the duration of your use of our Portal. If you delete your account, we will continue to store your personal data for a period of time in line with legal, regulatory, financial and business requirements. We also keep a record of correspondence in line with legal, regulatory, financial and business requirements.
9.2. We may keep anonymised and aggregated data for scientific research and statistical purposes.
10. ACCESS TO INFORMATION AND YOUR RIGHTS
10.1. As a result of us collecting and processing your information, you have the following legal rights subject to the respective legal requirements:
10.1.1. to request your personal data is erased where we do not have a compelling reason to continue to process such data in certain circumstances;
10.1.2. to object to, and not be subject to a decision which is based solely on, automated processing (including profiling), which produces legal effects or could significantly affect you;
10.1.3. where our processing of your personal data is based on your consent you have the right to withdraw consent at any time by contacting us; and
10.1.4. to lodge a complaint with any applicable data protection supervisory authority. The supervisory authority in the UK is the ICO.
10.2. In addition, subject to the respective legal requirements, you have the following legal rights:
10.2.1. to access personal data held about you;
10.2.2. to request us to make any changes to your personal data if it is inaccurate or incomplete;
10.2.3. to receive your personal data provided to us as a data controller in a usable way in certain circumstances or have it transferred to a third party; and
10.2.4. to object to, or restrict, our processing of your personal data in certain circumstances.
10.3. To exercise any of your rights as set out above, please contact your relevant Subscriber in the first instance (if applicable).
11. CONTACT
11.1. Questions, comments and requests regarding this Privacy Policy are welcomed and should be sent to info@climate-edge.co.uk.
