FARMServer's Guiding Principles

We encourage you to read our policies. We kept them short and simple. But we also know that you are busy and have better things to do. Just know that these principles guided us when creating FARMServer:

You have control of your data. If our privacy policies change, we will let you know. This way the decision about how to use or share your data is always yours.

PRIVACY POLICY

FARMserver is a product of Beck's Superior Hybrids Inc. ("FARMserver"). FARMserver has created this Privacy Policy to establish our policies for collecting, using, and disclosing the information, files, and data you submit to FARMserver (the "Privacy Policy"). This Privacy Policy applies regardless of how you access the FARMserver Services, whether through desktop computer, laptop computer, mobile phone, tablet, or other electronic device (each a "Device"). The Terms of Use, Data Use Policy, and Pricing Terms are incorporated into this Privacy Policy.

The Information FARMserver Collects

FARMserver collects and stores two types of information you provide:

  • "Personal Information" includes identification information, including your name, farm name, username, address, email, telephone number and similar information you provide.
  • "Raw Data" includes information you provide related to soil, water, crop health, crop maturity, disease, nutrients, fertilizer, herbicides, pesticides, yield, geo-location, etc., in the form of text, files, records, location, messages, images, photos, audio, video, and all other forms of field data. We believe that you are owner the Raw Data submitted on your account.

FARMserver Protection of Your Personal Information and Raw Data

FARMserver will not sell, trade, or share your Raw Data with any third parties except as authorized by you in the Data Use Policy. FARMserver will not sell, trade or share your Personal Information to any third parties, unless required by law, regulation, or in response to a court order or subpoena. FARMserver will not use your Raw Data for speculation on commodity exchanges or other purpose for which you have not authorized.

FARMserver may use your Personal Information to provide you technical support for our products or services. FARMserver may use your Personal Information to contact you for feedback, notify you of product updates, policy changes, and to inform you about new products or services.

FARMserver uses reasonable organizational, technical and administrative measures to protect Your Personal Information and Raw Data. If you believe that Your Personal Information or Raw Data is no longer secure, please notify FARMserver immediately.

Other Data FARMserver May Collect or Create

You may choose to submit weather data to FARMserver independently from Raw Data. "Weather Data" includes information uploaded from weather gathering sources, including temperature, humidity, precipitation, wind speed, wind direction, and other climate data. By choosing to submit Weather Data to FARMserver, you relinquish control of such information to FARMserver. Because such information is aggregated with Weather Data from other users, it cannot be deleted or returned to you once submitted.

FARMserver creates "Derived Data" if authorized by you. Derived Data includes reports, analysis, observations, solutions, and other information that results from queries run by you while using FARMserver. Although Derived Data may not be deleted, you retain the option to delete the underlying Raw Data used to create such Derived Data. Derived Data is anonymous. Your Raw Data alone will not be used as Derived Data. Once created, Derived Data is owned by FARMserver and may not be shared, sold, copied, or transferred by you to another person without the authorized consent of FARMserver.

FARMserver may collect certain "User Data" to better improve Services. Examples of User Data include the method for accessing FARMserver (iPad, Mac, PC, type of smartphone, etc.), duration and number of visits to FARMserver, type of services used on FARMserver, number of acres uploaded and type of raw data uploaded, and the general location of the User. User Data obtained by FARMserver is collected and analyzed in an anonymous format and excludes Personal Information and Raw Data.

Cookies

FARMserver may use "cookies" to collect information and improve our Services. A cookie is a small data file that FARMserver transfer to your Device. You can instruct your browser to stop accepting cookies or to prompt you before accepting a cookie from the websites you visit. If you do not accept cookies, you may not be able to use all aspects of the Service.

In addition to cookies, FARMserver uses Google AdWords remarketing to trigger advertisements across the Internet. AdWords remarketing will display relevant ads tailored to you based on what parts of the FARMserver website you have viewed by placing a cookie on your device. This cookie does not identify you, your Raw Data, or provide Google with access to your Raw Data. The Adwords cookie is used to provide you with ads relating to your prior visits to FARMserver's website. Google AdWords remarketing allows FARMserver to tailor our marketing to better suit your needs and only display ads that are relevant to you. Google does not have access to your Personal Information or Raw Data uploaded to FARMserver.

You can set preferences for how Google advertises to you using the Google Ad Preferences page , and if you can opt out of interest-based advertising entirely by cookie settings or permanently using a browser plugin.

Information Deleted Upon Termination

Upon notice of termination of your account for any reason, your account shall become inactive. FARMserver shall retain your Raw Data for a period of ninety (90) days following termination, so that you may download and remove your Raw Data. After ninety (90) days following termination, your Personal Information and Raw Data shall be deleted from FARMserver's servers. Weather Data and any Derived Data generated during your use will not be deleted.

Changes to this Agreement

This Privacy Policy is subject to change at any time. In the event of a change in policy, you will be notified upon logging into FARMserver and will have the opportunity to review any change. Likewise, this Privacy Policy may be modified on an annual basis and you should review this Agreement upon any renewal of your usage of FARMserver.

Other Third Parties

Other third parties may collect, use, or disclose information submitted to FARMserver during your use of the Services, such as Google, Apple, or Microsoft, whose products are used to access FARMserver's Services. FARMserver is not responsible for any disclosure of your information to these or other third parties encountered during your access to the Services.

State Law Compliance

To the greatest extent possible, Indiana law governs this Privacy Policy.

Comments and Questions Concerning Privacy Policy

If you have any questions, comments, or concerns with the Privacy Policy, please email support@farmserver.com or write to the following address. FARMserver will attempt to respond as promptly as possible.

FARMserverTM
Re: Termination of Account
6767 E. 276 St.
Atlanta, IN 46031

TERMS OF USE

FARMserver is a product of Beck's Superior Hybrids Inc. ("FARMserver"). FARMserver provides a web-based program and mobile application (www.farmserver.com) that allows users to upload raw field and crop data to servers owned by FARMserver for various services related to data storage and analysis (the "Services"). Your use of FARMserver Services is governed by these Terms of Use ("Terms"), and the applicable Pricing Terms, Data Use Policy, and Privacy Policy. FARMserver functionalities may change over time as FARMserver refines, adds and subtracts features.

Your Personal Information and Raw Data

Your use of FARMserver involves inputting Personal Information and uploading Raw Data. You agree to be bound by the Privacy Policy, Data Use Policy, and Pricing Terms in exchange for your use of FARMserver Services. You are solely responsible for your conduct, the content of your information, files, and data, and your communications with others while using FARMserver. FARMserver is not responsible for the accuracy, completeness, appropriateness, or legality of files, data, or any other information you may provide or access using FARMserver.

Your Responsibilities

You are fully responsible and liable for what you copy, share, upload, download or otherwise use while using FARMserver. You may not use FARMserver Services to copy, share, upload, download or otherwise use data and files unless you have the right to do so. You may not upload viruses, spyware or any other malicious software to FARMserver. Your use of the Services must not violate any laws or regulations. You assume full responsibility for any damage caused to FARMserver or other FARMserver users if a virus, spyware, or malicious software program is uploaded to FARMserver by you or someone using your account.

By agreeing to these Terms, you are representing to FARMserver that you are 18 years of age or older. You further represent that anyone accessing your FARMserver account is at least 13 years of age or older, and is either a family member under your supervision or authorized employee or agent.

You may use the Services only in compliance with these Terms. You may assign one (1) user per FARMserver account or additional users in accordance with the Pricing Terms. You are responsible for the acts of other users of your account and should provide a copy of this Agreement to them.

Account Security

You are responsible for safeguarding the password that you use to access FARMserver and you agree not to disclose your password to any third party. You are responsible for any activity using your account, whether or not you authorized that activity. You should immediately notify FARMserver of any unauthorized use of your account (support@farmserver.com). Passwords are encrypted by FARMserver and unknown to FARMserver. FARMserver can reset passwords if necessary.

Software and Updates

Some use of the Services may require you to download a client software package or application ("Software"). FARMserver grants you a limited, nonexclusive, nontransferable, royalty-free, revocable license to use the Software, solely to access the FARMserver application. Your license to use the Software is automatically revoked if you violate these Terms. We reserve all rights not expressly granted in these Terms. You agree that you will not create derivative works, reverse engineer, modify, copy, disassemble or decompile the Software, nor attempt to do so, nor assist anyone else to do so. You also may not rent, lease, sublicense, assign or otherwise transfer the Software to anyone else. FARMserver may update the Software on your device automatically when a new version is available. You agree to pay FARMserver any attorneys' fees incurred by FARMserver in enforcing this provision.

FARMserverTM Trademarks and Intellectual Property

These Terms do not grant you any right, title, or interest in the name FARMserver, the Services or the Software. Please be aware that FARMserver may use your feedback, comments, or suggestions to improve FARMserver without any obligation to you. The Software and other technology FARMserver uses to provide the services are protected by copyright, trademark, and other state and federal laws of the United States. "FARMserver" and the FARMserver logo are trademarks owned by Beck's Superior Hybrids Inc., which may obtain registration through the United States Patent and Trademark Office and applicable state offices. These Terms do not grant you any rights to use or register the name FARMserver, or other trademarks, service marks, trade names, logos, domain names, or brand features associated with the FARMserver (the "Proprietary Designations") or any trademark, service mark, trade name, logo, domain name or brand feature that is identical or confusingly similar to the Proprietary Designations, or that constitutes a translation thereof into any other language. You agree to pay FARMserver any attorneys' fees incurred by FARMserver in enforcing this provision.

Protection of Other’s Intellectual Property

You should not upload, download, copy, or share any information that infringes on another's intellectual property rights. We reserve the right to delete or disable information, files, or data that is alleged to be infringing.

Termination

You can stop using the Services at any time. FARMserver reserves the right to suspend or terminate your FARMserver account at any time, without cause, without notice and without liability to you. For example, FARMserver will terminate your account if you do not pay the appropriate fee according to the Pricing Terms. FARMserver may suspend or terminate your account if you are not complying with these Terms, or using FARMserver in any way that would cause FARMserver legal liability or disrupt others' use of FARMserver. Likewise, FARMserver may terminate your account if you intentionally upload false data for an illegal or malicious purpose, to be determined by FARMserver.

Indemnity, Limitation of Liability

You agree to indemnify, defend, and hold harmless FARMserver, including its employees, agents, officers, developers, and licensors, from any damages, costs, claims, injuries, and liabilities (including attorneys' fees) arising from your individual use and your organization's use of the Services or the Software. You also agree that this provision shall apply if another person causes damages, costs, claims, injuries, or liability using your FARMserver account, with or without your knowledge. In no event shall FARMserver be liable for any consequential, incidental, special, indirect or punitive damages arising from your use or your organization's use of FARMserver or the Software (including without limitation, damages for loss of business or good will, work stoppage, loss of information or data, loss of revenue or profit or computer failure). The aggregate and total liability of FARMserver for any and all claims arising out of your use of FARMserver will not exceed the amounts actually paid by you for use of FARMserver.

Modifications

FARMserver may revise these Terms from time to time and the most current version will be available through the FARMserver website. FARMserver will notify you of any changes to these Terms by email or similar electronic communication method. By continuing to access or use the Services after revisions become effective, you agree to be bound by any revised Terms.

Miscellaneous Legal Terms

The Terms are governed by Indiana law. Any suit naming FARMserver or Beck's Superior Hybrids Inc. (or our owners, employees, or agents) as a party involving these Terms must be filed in the Indiana state courts located in Hamilton County, Indiana, or federal district court located in Indianapolis, Indiana, and you consent to venue and jurisdiction there. These Terms create no third party beneficiary rights. FARMserver failure to enforce a provision is not a waiver of its right to do so at a later date. If any provision is found unenforceable, the remaining provisions of the Agreement will remain in full effect and an enforceable term will be substituted reflecting our intent as closely as possible. You may not assign any of your rights in these Terms, and any such attempt is void. FARMserver may assign its rights without your consent. These Terms do not create a partnership or agency relationship between you and FARMserver. By using FARMserver, you agree that you have had the opportunity to review these Terms, consult your advisors, and have decided to consent these Terms.

DATA USE POLICY

FARMserver is an assumed business name for Beck’s Superior Hybrids Inc. (“FARMserver”). Once your Raw Data is submitted or uploaded to FARMserver, you have various options for how to use and share this information. This Data Use Policy governs the manner in which FARMserver manages, secures, and uses the Raw Data you submit (“Data Use Policy”). The Terms of Use, Privacy Policy, and Pricing Terms are incorporated into this Data Use Policy.

  1. The Raw Data FARMserver Collects

    FARMserver has the ability to collect “Raw Data,” which includes the following categories:

    Agronomic data: seed data, planting data, yield data, disease and pest management data, and crop nutrition data.

    Land data: tillage, water management, soil fertility, environmental data, geospatial information, and field boundary information.

    Weather data: information uploaded from weather gathering sources, including temperature, humidity, precipitation, wind speed, wind direction, and other climate data.

    Machine data: information related to machine performance, such as speed, fuel usage, and engine rpm.

  2. Your Ownership of Raw Data

    FARMserver believes that farmers own the Raw Data generated on their farms. By uploading Raw Data to FARMserver, you represent that you are the owner of the Raw Data or you have obtained permission to upload the Raw Data from the owner. If there are multiple owners of Raw Data, you have a duty to obtain each owner’s permission prior to uploading such Raw Data. If a Trusted Advisor or other authorized person uploads Raw Data to your account, FARMserver assumes that you are the owner of such Raw Data. FARMserver will not use your Raw Data for speculation on commodity exchanges or other purpose for which you have not authorized.
  3. Your Choices for Sharing Your Raw Data

    FARMserver will not share your Raw Data unless you provide consent by selecting persons and designating the appropriate permission level in your account setting. You may select one or multiple levels of sharing. The sharing parameters of each permission level are described below. You may select to share your Raw Data:

    1. With Your Internal Operations Team. You may grant persons inside your farming operation, such as partners and employees of your farm (“Internal Operations Team”), full access to your uploaded Raw Data. The Internal Operations Team users can upload Raw Data, view field layers and yield data, upload scouting notes, access the Management Zone Creation Tool to create prescriptions, use the seed selection tool, and adjust field boundaries. Your Internal Operations Team users cannot delete or download Raw Data unless you authorize. You may terminate an Internal Operations Team user’s access to your Raw Data at any time.
    2. With Your Trusted Advisors. You may identify certain “Trusted Advisors” by name to access your Raw Data. Trusted Advisors may include crop consultants, seed dealers, or other persons identified by you who have purchased a FARMserver Premium Account. Trusted Advisors must first obtain a FARMserver Premium Account and agree to the terms of this Agreement in order to gain access to your Raw Data. At any time, you may terminate a Trusted Advisor’s access to your FARMserver account and FARMserver will bar the Trusted Advisor’s access to your Raw Data from that point forward. You are responsible to ensure that any named Trusted Advisor protects and utilizes your Raw Data appropriately. Once provided access, FARMserver has no control over how your Trusted Advisor utilizes your Raw Data. By selecting this option, you will have the option to authorize your Trusted Advisor to upload, download and/or delete Raw Data directly to and from your account.
    3. With Associates. You may provide farm partners, employees, and land owners with “read only” access to view field layers and yield data (“Associates”). Associates will be required to sign up for a FARMserver Standard Account prior accessing your Raw Data. You may terminate an Associate’s access to your Raw Data at any time.
    4. With Third Parties Technology Providers. You may elect to share your Raw Data with third party technology providers through links established between FARMserver and such third parties. FARMserver is continually working to provide users with options to transfer and share data among different companies and data platforms. Raw Data transferred or shared with a third party is subject to that third party’s policies and contract terms.
  4. Special Terms for Weather Data

    You may choose to submit weather data to FARMserver independently from other Raw Data. By choosing to submit Weather Data to FARMserver, you relinquish control of such information to FARMserver. Because such information is aggregated with Weather Data from other users, it cannot be deleted or returned to you once submitted. By uploading Weather Data, you agree that FARMserver may share Weather Data with other FARMserver users.
  5. How FARMserver Obtains Your Raw Data

    Raw Data can be manually uploaded by you or by using Data Connections, a third party service provider available to FARMserver users. Data Connections assists you with cleaning, packaging, and transferring Raw Data to FARMserver and other places you chose. Use of Data Connections means that your Raw Data is transferred to a third party service provider where your Raw Data is temporarily stored and processed, then uploaded to FARMserver. After uploading to FARMserver, Data Connections deletes your Raw Data from its temporary storage location. FARMserver may add additional methods for uploading Raw Data to FARMserver in the future that may be subject to additional terms and conditions.
  6. How FARMserver Stores Your Raw Data

    Raw Data is stored on servers that are owned and operated by FARMserver and not outsourced. FARMserver may allow use of certain software programs to clean and organize your Raw Data into useable formats before transferring to FARMserver, which may be subject to additional terms and conditions. Raw Data is backed up using normal and customary techniques for data storage, including reasonable and customary security measures. FARMserver makes every attempt to protect FARMserver data servers from the risk of loss arising from an Act of God or other catastrophic event. No method of data storage is guaranteed to be permanent or immune from unforeseen events. Therefore, you should always maintain a backup of your Raw Data in a location other than FARMserver. By using FARMserver, you acknowledge that FARMserver is not responsible for loss of your Raw Data due to an Act of God or other catastrophic event. In the event of a data breach, natural disaster, or other unforeseen event that causes your Raw Data to be compromised, FARMserver will notify you by email or other matter required by law.
  7. Your Obligations

    You are solely responsible for submitting accurate Raw Data owned by you or your organization. By using FARMserver, you agree that all Raw Data provided to FARMserver is accurate to the best of your knowledge. If you subsequently discover that Raw Data previously provided or uploaded to FARMserver is inaccurate, false, or misleading, you agree to correct such information immediately or as soon as possible. You agree to defend and indemnify FARMserver against all claims, losses, damages, and injuries arising from a breach of your obligations in this Data Use Policy. If you allow a Trusted Advisor to upload Raw Data to your account, such Trusted Advisor agrees to be bound by the same terms as you in this Data Use Policy.
  8. Notice of Changes

    FARMserver may periodically modify this Data Use Policy to reflect changes in FARMserver’s functionality, practices or policies. You will be notified by email or upon logging into your FARMserver account of any changes to this Data Use Policy.
  9. What Happens if FARMserver is Sold

    Beck’s Hybrids has no desire to sell FARMserver to another company. In the event that FARMserver were sold, you would have the option to delete your Raw Data (except Weather Data) prior to any sale.
  10. Deleting Raw Data When Use of FARMserver Terminates

    You may delete, alter, or download Raw Data at any time by logging onto FARMserver and making the appropriate changes, except for Weather Data, which cannot be deleted. Alternatively, you may provide written notice to FARMserver that you desire to terminate your account, which will cause all of your Raw Data to be deleted after ninety (90) days. If you desire to keep your Raw Data, you should retain a copy in a separate location or download from FARMserver prior to the end of the ninety (90) day period. You may provide written notice that you desire to terminate your account by email ( support@farmserver.com ) or by sending a letter to:
    FARMserverTM
    Re: Termination of Account
    6767 E. 276 St.
    Atlanta, IN 46031
  11. Compliance with the Privacy and Security Principles for Farm Data

    FARMserver has been evaluated for transparency and compliance with agricultural industry’s Privacy and Security Principles for Farm Data. The results of the evaluation can be found by clicking on the “Ag Data Transparent” seal. 

PRICING TERMS

FARMserver is a product of Beck’s Superior Hybrids Inc. (“FARMserver”). By using FARMserver, you agree to these Pricing Terms (the "Pricing Terms"). The Pricing Terms govern your payment to FARMserver for using FARMserver’s services (the “Services”). The terms and obligations contained in FARMserver’s Terms of Use, Privacy Policy, and Data Use Policy are also incorporated into these Pricing Terms.

Pricing and Term

You will be charged a fee (“User Fee”) to utilize FARMserver for one year. Your account shall be created when you complete the application process and shall remain active for one year thereafter (the “Term”) unless cancelled in accordance with the Terms of Use, Privacy Policy, and Data Use Policy. The Term continues even if your account is suspended. The User Fee shall be due at the beginning of the Term. The User Fee may increase or decrease at the beginning of a new Term. Additional fees may apply to professional services rendered by FARMserver representatives to assist you with using your account. The User Fee applies only to users of “Premium” services. There is no User Fee to access the “Standard” level of services. The User Fee may be waived for Beck’s Hybrids’ corn or soybean customers. You should contact your seed representative for more information.

Payment Methods

You may pay the User Fee by personal check or other form of immediately available funds. If you choose to pay the User Fee by personal check, cashier’s check, money order, or other form of bank draft that is acceptable to FARMserver in its discretion, you will be invoiced for the User Fee and payment will be due from you within thirty (30) days from the beginning of the Term. You may use FARMserver during this thirty (30) day period, but if payment is not received within thirty (30) days from the beginning of the Term, your FARMserver account will be suspended until payment is received. If payment is not received within sixty (60) days of the beginning of the Term, your FARMserver account will be terminated. Any overdraft, NSF, or other fees charged by your bank to FARMserver shall be your responsibility and shall be paid immediately.

All User Fees paid are non-refundable except in accordance with the Terms of Use, Privacy Policy, and Data Use Policy.

Renewals and Termination

You may terminate your account at any time, but such termination shall not entitle you to a refund of the User Fee. At the end of the one-year Term, your account may be renewed or cancelled at your election. We will notify you prior to the end of the Term and ask if you wish to continue the Services for an additional Term. All portions of these Pricing Terms shall be applicable during any renewal Term, unless amended. If you do not elect to renew your account, your account will be terminated. Subject to the Terms of Use, Privacy Policy, and Data Use Policy, you will be able to retrieve your Information following cancellation for a certain period of time.

Taxes

FARMserver may charge you sales tax or other applicable taxes that are required by law. In that event, the User Fee shall be increased to cover FARMserver obligation to pay such taxes. In the event you are paying the User Fee from a state other than Indiana, your state sales or other applicable taxes may apply. Other than those taxes collected by FARMserver, you are responsible for all taxes associated with use of your FARMserver account.

Indemnity and Limitation of Liability

You agree to indemnify, defend, and hold harmless FARMserver, including its employees, agents, officers, developers, and licensors, from any damages, costs, claims, injuries, and liabilities (including attorneys’ fees) arising from any violation of these Pricing Terms. The aggregate and total liability of FARMserver for any and all claims arising out of the Services will be limited to a refund of the User Fee paid by you.

Miscellaneous Legal Terms

These Pricing Terms are governed by Indiana law. Any suit naming FARMserver or Beck’s Superior Hybrids Inc. (or our owners, employees, or agents) as a party involving these Terms must be filed in the Indiana state courts located in Hamilton County, Indiana, or federal district court located in Indianapolis, Indiana, and you consent to venue and jurisdiction there. These Pricing Terms constitute the entire agreement between you and FARMserver with respect to the Services. These Pricing Terms supersede and replace any other agreements, terms and conditions applicable to the Services. These Pricing Terms create no third party beneficiary rights. FARMserver’s failure to enforce a provision is not a waiver of its right to do so at a later date. If any provision is found unenforceable, the remaining provisions of the Pricing Terms will remain in full effect and an enforceable term will be substituted reflecting our intent as closely as possible. You may not assign any of your rights in these Pricing Terms, and any such attempt is void. FARMserver may assign its rights without your consent. These Pricing Terms do not create a partnership or agency relationship between you and FARMserver. By using the Services, you agree that you have had the opportunity to review these Pricing Terms, consult your advisors, and have decided to consent to these terms.

Copyright ©2017 FARMserver. All rights reserved.