Privacy Policy

Trace Genomics Farm Data Privacy and Protection Policy

Trace Genomics, Inc. protects farmers’ data in compliance with the industry best practices established by the American Farm Bureau Federation and its Ag Data Transparent consortium. This Farm Data Privacy and Protection Policy (“Privacy Policy”) explains how we use and protect farm data. This Privacy Policy is incorporated into our contracts with farmers, and their and our “service providers” (agriculture technology providers, agronomists, suppliers, consultants, technology and equipment providers, and other such third parties). Other terms may apply if incorporated into these contracts.

(Trace Genomics is referred to in this Privacy Policy as “Trace”, “we”, “our”, “us”; the farmer whose farm data is collected, analyzed and used is referred to in this Privacy Policy as the “farmer”, “you” or “yours”.)

1. “Farm data”: We analyze and report certain agronomic data to farmers, in particular our analysis of the biological, chemical and/or physical attributes of their farm’s soil. Collectively, this reported agronomic data, and any related land data, farm management data, machine data, and weather and climate data that we may also collect, are referred to in this Privacy Policy as “farm data”.  “Farm data” does not include intermediate data sets or analyses that we may collect or make in developing the agronomic data reported to farmers.
2. Ownership: Farmers own the farm data generated on their farm operations.  This includes farm data that we or others have generated or collected with respect to the farmer’s own operations, but does not include intermediate data sets or analyses, or anonymized or publicly available data.
3. Notice and explicit consent: We collect, access, and use farm data with the farmer’s affirmative and explicit consent.  Our contracts and online agreements with the farmer and the farmer’s and other service providers, incorporates this Privacy Policy and thereby provide such notice and consent.  Such consent is a prerequisite to our providing services to farmers and their service providers.
4. Farmer responsibility: Farmers must ensure that they only provide us farm data that they own or have permission to use.  It is the responsibility of the farmer and the farmer’s service providers to agree upon farm data use and sharing with any other stakeholders that may have an economic interest, such as the tenant, landowner, cooperative, owner of precision agriculture system hardware, agriculture technology provider and/or others.
5. Transparency and consistency:  We collect, store, analyze, and use farm data in order to provide soil analysis and other services to farmers and their service providers.  
6. Access, control, and disclosure: We may give the farmer’s service provider(s) and our own employees, consultants, and other service providers access to farm data, subject to their agreement to this Privacy Policy.  We work with numerous farmers’ service providers, and may share a farmer’s farm data in these ways for the purpose of helping us provide services to the farmer and the farmer’s service provider(s), but only if such individuals or companies have entered into a specific agreement with us or otherwise protect farm data in compliance with this Privacy Policy.
7. Anonymized and publicly available farm data: We may anonymize farm data that we have developed, or that is provided by the farmer and/or service providers, and may use, aggregate, and share such anonymized or aggregated data for the purpose of improving our service and otherwise, so long as such data does not identify the farmer’s particular business and is not presented in such a way that allows the farmer’s business to be identified.
8. Portability: Farmers can retrieve their farm data (as defined herein) for storage or use in other systems, with the exception of the data that has been made anonymous or aggregated and is no longer specifically identifiable.  The farmer may retrieve the farm data provided by or to the farmer and the farmer’s service providers, in its original or equivalent format.
9. Data retention and availability: We will keep farm data and make it available upon request to the farmer and/or the farmer’s service provider during the term of our services and for at least two years thereafter.
10. Contract termination: Farmers can discontinue a service or halt the collection of farm data at any time subject to appropriate ongoing obligations, as defined in our contract with the farmer and/or the farmer’s service provider.
11. Unlawful or anti-competitive activities: We will not use farm data for unlawful or anti-competitive activities, such as to speculate in commodity markets.
12. Security safeguards: We protect farm data using reasonable security safeguards against risks such as loss or unauthorized access, destruction, use, modification, or disclosure.  We will notify the farmer and/or the farmer’s service provider and take prompt remedial response in the event of a breach.  In the case of third-party technology providers that may not sign individual farm-data privacy contracts with us, we will undertake to use only recognized third-party technology providers to process farm data if they maintain security safeguards consistent with industry standards.
13. Liability limitations: Given that information security is a rapidly changing area, where risks are constantly evolving and new security risks regularly appear quickly and without warning, our liability for theft, loss, or unauthorized access or use of farm data shall in no case exceed the fees paid to us by the farmer or the farmer’s service provider during the previous one (1) year. Liability limitations may be specified further in the contract we enter into with the farmer and/or the farmer’s service providers.
14. Data transfer or sale: We may transfer or sell ownership of all or part of our business to one or more third parties, but will only transfer farm data to a third party that agrees to use, protect, and otherwise deal with such farm data in full compliance with the terms of this Privacy Policy.
15. Changes to Privacy Policy: We may update this Privacy Policy from time to time. We may need to do this, for example, to make clarifications, comply with new regulations or industry standards, or to deal with new aspects of our services.  We will notify farmers and their service providers of any such changes by posting these to our website.
16. Contact details, other: Please contact us at privacy@tracegenomics.com if you have any questions or want to communicate about any aspect of our Farm Data Privacy and Protection Policy.  Our separate Privacy Policy protecting personally identifiable information can be found on our website.

September 2020