Privacy policy


1. SCOPE

Yara Fertilisers India Private Limited and its group companies (hereinafter referred to as “Yara”, ‘we’, ‘us’ or ‘our’) take the protection of your personal data seriously. We want you to feel safe in using/ availing our products and solutions. This Privacy Policy describes our processing practices, implementation of reasonable security standards, and your rights, as to the personal data that we collect, process, use, store, disclose and transfer in connection with our products and digital farming solutions. Please make sure to also consult the Yara Terms and Conditions which govern your use of the Solutions.

This Privacy Policy is an electronic record under the Information Technology Act, 2000 and the rules made thereunder. This Privacy Policy does not require any physical, electronic, or digital signature by Yara.

This Privacy Policy is published under the requirements specified by the Information Technology (Reasonable Security Practices and Procedures and Sensitive Personal Data or Information) Rules, 2011, made under the Information Technology Act, 2000.

1.1.OUR SOLUTIONS

Our Solutions aim to digitally connect various stakeholders in agricultural industry, provide varied product/services according to the needs and requirements of user, improve farming methods and activity through innovative technology and connected tools. For example, our Solutions can assist you with farm management, crop and field analysis, and agronomic decisions.

Our digital farming solutions (Solutions) include but not limited to:

    • Websites that are owned by us or Yara-branded, and that link to this Privacy Policy.
    • Online or downloadable software.
    • Mobile applications.
    • Hardware which may be linked to our software or mobile applications, and connected to the Internet.
    • HTML-formatted email messages that link to this Privacy Policy.
    • Our social media pages and applications that we administer.
    • Events (such as trade shows or networking events) that relate to our Solutions.

Please read this Privacy Policy carefully prior to accessing or availing any Solutions. By clicking on the ‘Let’s go!’ or similar button at the time of your first access of the Solutions, you accept and agree to be bound by the terms and conditions of this Privacy Policy and consent to Yara collecting, storing, processing and sharing information including your Personal Information (defined below) in accordance with this Privacy Policy.

1.2.YOUR PERSONAL DATA

Personal data is any information that either directly or indirectly, or in combination with other information available to us, enables us to identify you as an individual. For example, this can be your name or shipping address, but also your purchase history or job title. The categories of personal data that we collect or obtain to which this Privacy Policy applies (“Personal Information”) includes the following:

      • Contact details (for example, name, postal address, email, telephone number, emergency contact details).
      • Personal details (for example, demographic characteristics, including birthdate and gender).
      • Transaction data (for example, transactions and agreements, purchase history, shipping and billing information).
      • Financial data (for example, bank, card and account details, and other payment related information).
      • Farming activity (for example, tasks and agronomic decisions).
      • Device and software data (for example, device-ID, operating system and corresponding version, specific use data and patterns).
      • Relationship data (for example, support requests, ratings, testimonials and feedback).
      • Social media account data (for example, social-media account ID and posts).
      • Passwords related to Yara applications/Solutions.
      • Location data (for example, GPS location, IP address, and mobile device including a unique identifier number).

We may ask you to provide certain additional information about yourself on a case to case basis.

Such Personal Information relates to any individual who purchases, uses or is involved with our Solutions. This includes:

      • Customers who install or purchase our Solutions, including individual farmers, distributors and retailers.
      • Users who employ/ use our Solutions.
      • Partners who install and/or sell our Solutions.
      • Third party service providers who assist in the marketing or operating of the Solutions.
      • Employees and representatives of the above categories’ persons.

If you provide to us any Personal Information of another person, you must ensure that you are authorized to do so and that such person is informed about this Privacy Policy. For certain Solutions, we may, but are not obliged to, provide you with template privacy release forms to assist you in providing necessary information to such persons, for example to your contracting party as part of a rental contract management tool. Some Solutions allow you to invite a friend or contact to a Solution or feature, for example to share content with them or for collaboration purposes. Please use this functionality responsibly, and refrain from sending requests to persons who may not reasonably expect to receive and consent to them.

You can choose not to provide any Personal Information that we may request of you, but, in general, the Personal Information we request is required in order to provide you with access to and use of the Solutions, and the lack of such information may prevent us from doing so and impact the service capability and certain features of the Solutions.

2. HOW WE USE YOUR PERSONAL INFORMATION

2.1 PURPOSES FOR ALL SOLUTION

      We use your Personal Information for:

(a) Providing the functionality of the Solutions and customer support

      • Provide the Solutions to you, such as allowing access to your account.
      • Provide location-based Solutions.
      • Complete and record your transactions, including payment.
      • Ship items and hardware you order, such as sampling kits and measurement devices.
      • Provide you with, and enable you to generate, agronomic reports and tips.
      • Provide you with customer service and technical assistance (for example, installation, maintenance and breakdown assistance) and improve our customer relationship management processes.
      • Send you administrative information, such as changes to our terms and policies.
      • Provide training to you regarding our Solutions.
      • Respond to your inquiries and requests, for example when you send us questions or suggestions.

We do this pursuant to our contractual relationship with you or to comply with a legal obligation.

(b) Providing you with marketing materials

      • Send you marketing communications and offer other materials that we believe may be of interest to you, such as to send you newsletters and personalized offerings, to inform you about the Solutions and any offers
        • .
      • Share information with other marketers to permit them to send you marketing communications, consistent with your choices.
      • Enable the posting of comments and testimonies about you on our websites and other parts of our Solutions. We do this with your (opt-in/out) consent, or where we have a legitimate interest.

(c)Providing you with promotional opportunities and facilitate social sharing

      • Allow you to participate in promotions.
      • Facilitate social sharing functionality if you choose to do so.

We do this to manage our contractual relationship with you, with your consent, or where we have a legitimate interest. Additional rules may apply to such promotions or social sharing. Please make sure to read those rules.

(d)Conducting business reporting and offering tailored services

      • Analyze our customers’ use of the Solutions in order to prepare aggregated trend reports.
      • Provide you with tailored advice and agronomical tips.
      • Allow our customers to participate in polls and surveys, so that we can improve our service offerings.

We do this with your consent or because we have a legitimate interest.

(e)Accomplishing our business purposes

      • Business intelligence, such as compiling general market insights.
      • Product improvement, to develop new products and solutions, or enhance our current products and Solutions.
      • Governance and audits, for example by implementing internal audits, business analysis, controls and reporting (for example, whistleblowing procedures).
      • Business transactions, including a reorganization, merger, sale, joint venture, assignment, transfer or other disposition of all or any portion of our business (Business Transaction). For example, in case of a merger with or acquisition by another company, we may be required to disclose Personal Information to that company.
      • Protect Yara assets, for example for health and safety reasons, or to manage access rights and security (to prevent fraud, cyberattacks and identity theft and protect the security and integrity of our Solutions).
      • Comply with legal obligations, for example we need to retain invoices for accounting purposes, or disclose some data to comply with requests from public authorities.

We do this to manage our contractual relationship with you, comply with a legal obligation, and/or because we have a legitimate interest.

(f) Aggregating and/or anonymizing Personal Information

      • We may aggregate and/or anonymize Personal Information so that it will no longer be considered Personal Information. We do so to generate other data for our use, which we may use and disclose for any purpose. We may do so for example after you close your account.

Our primary goal is to provide you safe, efficient, smooth and customized experiences through the Solutions. The Personal Information collected allows us to provide the Solutions that most likely meet your needs. More importantly, while doing so, we collect the Personal Information from you that we consider necessary for achieving the abovementioned purposes.

3.OTHER INFORMATION

Yara also collects and uses certain data which does not reveal your specific identity and does not relate to an identified or identifiable individual (Other Information). This information therefore does not qualify as Personal Information. We still want you to be aware of our practice in relation to such information.

Examples of what may constitute Other Information include:

(a) Agronomic and business-related data, such as:

      • Fertilizer, field, soil and crop data (for example, type, amount, location and mapping, and yield).
      • Other local and farming characteristics (for example, location and mapping, weather and farming conditions).
      • Machinery and device data (for example, model, technical characteristics, location and associated tasks).

(b) Software and hardware data (for example, connection time and use trends).

(c) Information collected through cookies, pixel tags and other technologies.

(d) Anonymized or aggregated data.

We may use and disclose Other Information for any purpose, except where we are required to do otherwise under applicable law. In some instances, we may combine Other Information with Personal Information. If we do, we will treat the combined information as Personal Information as long as it is combined.

Examples of ways in which we use Other Information include:

      • To provide the Solutions.
      • Generating nutrient map applications and acreage indexes.
      • Providing soil measurements.
      • Improving agronomic knowledge through regional nutrient analysis.
      • Research and development.
      • Product and service improvement of the Solutions.
      • To learn about you and your interests, and to deliver and tailor marketing materials.

4. CONTACTING US

If you have any questions or any grievances about this Privacy Policy, please contact our grievance officer, who can be reached at:

Mr. K.P. Shekhar

kumar.purnendu.shekhar@yara.com or 502, Global Business Square, Building no. 32, Institutional Area, Sector 44, Gurugram, Haryana; Tel: 0124 460 3170.

5.YOUR RIGHTS

To the extent provided by applicable law, you may be entitled to request:

(a) Right of access

      • To obtain confirmation from us as to whether or not we hold personal data about you, access such data and other information in regard to such data.
      • To obtain a copy of your personal data.

(b) Right of rectification

      • The correction/ modification of personal data if they are incorrect or incomplete.

(c) Right to deletion

      • The deletion of personal data under certain instances, for example where you consented to their use and have since withdrawn your consent, or where they are illegally used.

(d) Right to restriction

      • The limitation of the use of personal data under certain circumstances.

(e)Right to portability

      • The receipt of the personal data which you provided to Yara, in a structured, commonly used and machine-readable format.
      • Transmitting such personal data, or having them transmitted where technically feasible, to another company responsible for their use, under certain circumstances.

(f)Right to object or opt-out

      • To object to the use of your personal data under certain circumstances, including in relation to direct marketing and where your personal data are used based on a legitimate interest of Yara. If you would like to opt-out from any direct marketing, you can do so by clicking on the “unsubscribe” button in the messages you receive.

(g) Right to withdraw consent

      • To withdraw your consent at any time if the use of your Personal Information is based on consent. Note that withdrawing your consent will not make the use of your data before your withdrawal unlawful. In case you do not provide your consent or later withdraw your consent, this may prevent us from providing the Solutions or certain features/ capabilities thereof. In such a scenario, Yara may delete your Personal Information or de-identify it so that it is anonymous and not attributable to you.

If you would like to exercise your rights, do not hesitate to contact us at the aforesaid contact details. Please note that the rights above may be restricted in line with applicable law.

6. WHO WE SHARE YOUR PERSONAL INFORMATION WITH

6.1. WHICH THIRD PARTIES HAVE ACCESS TO PERSONAL INFORMATION

(a) Group companies of the Yara Fertilisers India Private Limited, for the purposes set out in this Privacy Policy

      • For enabling them to provide the Solutions. Please note that all Personal Information shared with or made available to our group companies will be governed by the terms of this Privacy Policy.
      • Optimizing our shared processes. Within a group of companies, it is sometimes necessary to use and leverage resources effectively. In this context, we support each other within our group in optimizing our shared processes.
      • Other cross-affiliate initiatives, such as research and development, marketing and finding new prospects, and other related purposes.

(b) Third party service providers, vendors and/ or consultants to facilitate services they provide to us

      • These services include (without limitation) hosting data, cloud services, processing payments (including validation), delivering shipments, email delivery, distribution, customer support and technical assistance, maintenance, undertaking audits and or data analysis, web analytics, IT performance monitoring, customer relationship management, evaluating, running and optimizing user experience or our growth campaigns, polls and surveys, assistance in our marketing and advertising initiatives, legal compliance, as well as to secure our business operations, such as identifying and resolving malfunctions, fraudulent or illegal activities.

(c) Public authorities where disclosure is required

      • To comply with applicable law, regulation or legal process.
      • To address a dispute with a third party.
      • When we respond to law enforcement requests and orders.
      • To provide information we believe is important.

(d) Partners and commercial relationships to accomplish our business with them

      • In connection with collaboration initiatives, for example as part of the sale and distribution process.
      • In connection with a sale or Business Transaction. We have a legitimate interest in disclosing or transferring your Personal Information to a third party in the event of a Business Transaction.
      • To permit them to send you marketing communications, consistent with your choices.

(e)Third parties with whom you share Personal Information through the Solutions

      • Some Solutions may enable you to grant access to or share your Personal Information with other individuals or organizations in relation to the Solutions, for example to advisors to assist you in decision-making, consultants, distributors, machinery manufacturers and social media.
      • If you connect your Solution with your social media account, you will share information with your friends associated with your social media account, with other users, and with your social media account provider. By doing so, you authorize us to facilitate this sharing of information, and you understand that the use of shared information will be governed by the social media provider’s privacy policy.

As well as where otherwise prescribed to comply with applicable law and regulations, enforce our (and our representatives’ and group’s) rights, terms and conditions, privacy, safety or property.

Where appropriate to the context, the third parties that we share or make available your Personal Information are bound by contractual obligations to keep such Personal Information confidential and use it only for the purposes for which we disclose it to them, and also maintain, at minimum, the same level of data protection that is adhered to by us

6.2 HERE WE TRANSFER YOUR PERSONAL INFORMATION

Your Personal Information may be stored and processed in any country where we have facilities or in which we engage service providers, including in countries outside India which may have data protection rules that are different from those of your country. In certain circumstances, courts, law enforcement agencies, regulatory agencies or security authorities in those other countries may be entitled to access your Personal Information. By submitting your Personal Information, you agree to this transfer, storing or processing. We will take all steps reasonably necessary to ensure that your Personal Information is treated securely and in accordance with this Privacy Policy and in accordance with applicable law.

Notwithstanding the above, any financial data (for example, bank, card and account details, and other payment related information) that may be collected by Yara in India is stored on servers, log files and any other storage system owned by Yara or by third parties in India.

6.3. THIRD PARTY SERVICES

Some Solutions may link you or enable you to obtain certain services from third parties. For example, it may be possible to:

      • (a) Make a payment through the Solutions.
      • (b) Access weather forecast or GPS provided by others.
      • (c) Share content with/through social media.
      • (d) Procure Solutions through a third party distributor.
      • (e) Export and import information with machinery manufacturers, for example for easier field tracing.
      • (f) Grant third parties access to your Personal Information, such as advisors who assist you in decision-making.

Where you do so, your Personal Information and/ or Other Information may be collected by those third parties, and not by us. We are not responsible for the solutions, privacy, security practices and use of cookies of and by such third parties, which are subject to their privacy policy, rather than this Privacy Policy. We recommend that when you obtain such solutions from/through third parties, you review their privacy policy and terms of use as it relates to safeguarding of your information.

6.4. PUBLIC FORUM

By using the Solutions, you may choose to disclose Personal Information on message boards, blogs and other services to which you are able to post information (including our social media pages). Please note that any information you post or disclose through these services will become public, and may be available to other users and the general public. To request the removal of your Personal Information from our blog or community forum, contact us (see Section 5). In some cases, we may not be able to remove your Personal Information or some content (if, for example, it is reposted by another user).

7. WHOW WE SOURCE AND RETAIN YOUR PERSONAL INFORMATION

We and our services providers collect Personal Information from various sources such as:

(a) Through the Solutions

      • We collect Personal Information through the Solutions, for example, when you subscribe to a Solution, set up a user profile or interact with our connected devices.

(b)Offline

      • We collect Personal Information from you offline, for example when you attend our events, or contact our customer service.

(c) From other sources

We obtain data from other sources, for example

      • Publically available databases (to the population at large, or to specific relevant groups such as the farming community), for example to improve land consolidation.
      • Your employer or public authorities as part of enabling the Solutions.
      • Commercial partners who sell or install the Solutions, when they share the Personal Information with us.

We retain your Personal Information for as long as needed or permitted in light of the purpose(s) for which they were obtained and consistent with applicable law. The criteria used to determine our retention periods include:

      • The length of time we have an on-going relationship with you and provide the Solutions to you (for example, for as long as you have an account with us or keep using the Solutions), or to enable you to conduct your activities and meet your retention requirements. For example, as a rule of thumb regarding customer Personal Information, we seek to re-asses the need to retain your data couple year after you cease to be a registered customer (for example, to allow us to answer complaints or inquiries that may still arise). However, there are also other factors that may influence that period as set out below.
      • Whether there is a legal obligation to which we are subject (for example, certain laws require us to keep records of your transactions for a certain period of time before we can delete them).
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    • Whether retention is advisable in light of our legal position (such as in regard to applicable statutes of limitations, litigation or regulatory investigations).

8. SENSITIVE INFORMATION

Unless we request it, we ask that you not send us, and you not disclose, any sensitive personal data (for example, social security numbers, information related to racial or ethnic origin, political opinions, religion or other beliefs, medical records and history, health, biometrics or genetic characteristics, physical, physiological and mental health condition, sexual orientation, criminal background or trade union membership) on the Solutions.

9.SECURITY PRECATIONS AND MEASURES

We take information security seriously and have reasonable administrative, technical, physical and managerial measures to protect your privacy and Personal Information from theft, loss, unauthorised access, misuse, destruction, alteration and modification, in compliance with applicable laws. Our information security policies and our technical, operational and physical security measures conform to the IS/ISO/IEC 27001 standard. Unfortunately, no security system can be guaranteed to be completely secure. Accordingly, although we will do our best to protect your Personal Information, we cannot guarantee the security of your information transmitted to, on or through our Solutions, and any transmission is at your own risk. By using our Solutions or providing information to us through any means, you agree (i) that we can communicate with you electronically regarding security, privacy, and administrative issues relating to your use of our Solutions, and (ii) to take adequate physical, managerial, and technical safeguards to preserve the integrity and security of your data including your Personal Information till the time you have access to and/or use our Solutions (directly or indirectly).

When payment information is being transmitted on or through the Solutions, it will be protected by encryption technology. You expressly consent to the sharing of your information with third party service providers, including payment gateways, to process payments and manage your payment-related information. Hence, Yara cannot guarantee that transmissions of your payment-related information or Personal Information will always be secure or that unauthorized third parties will never be able to defeat the security measures taken by Yara or Yara’s third-party service providers. Yara assumes no liability or responsibility for disclosure of your information due to errors in transmission, unauthorized third-party access, or other causes beyond its control. You play an important role in keeping your Personal Information secure and you shall not share your Personal Information or other security information for your account with anyone.

10.COOKIES

Our Solutions may use cookies and similar technologies. This section describes our practices in that respect.

10.1. WHAT ARE COOKIES AND SIMILAR TECHNOLOGIES?

Cookies are a standard feature of websites that allow us to store small amounts of data on your computer or device about your visit to our Solutions. Cookies help us learn for example which areas of our website are useful and which areas need improvement. For this purpose, we also use technologies similar to cookies, such as pixel tags.

You can choose whether to accept the use of cookies and similar technologies in general by changing the settings on your browser, or by changing specific settings for the Solution (as set out in Section 10.3). However, if you disable cookies and similar technologies, your experience on the Solutions may be diminished and some features may not work as intended.

10.2. WHAT COOKIES AND SIMILAR TECHNOLOGIES DO WE USE?

Below, we identify the different types of cookies and similar technologies that are used on our Solutions. To the extent that Personal Information is collected through cookies, the other Sections of the Privacy Policy apply and complement this Section 10.

(a) Essential Cookies. Essential cookies enable you to navigate the Solutions such as our websites and to use their services and features. Without these absolutely necessary cookies, the website for example will not perform as smoothly for you as we would like it to and we may not be able to provide the website or certain features. Such cookies include for example those to remember what you place in your shopping cart or authenticate you before signing up to your Yara account.

(b) Preference Cookies. Preference cookies collect information about your choices and preferences, and allow us to remember language, age, communication preference and other local settings, and customize our Solutions accordingly.

(c) Social Media Cookies. Social media cookies collect information about social media usage. They enable to perform market research or marketing.

(d) Analytics Cookies. Analytics cookies collect information about your use of our Solutions, such as our websites and enable us to improve the way they work. For example, analytics cookies show us which are the most frequently visited pages on our website, time spent and links clicked on pages or what users like and do not like, help us record any difficulties you have with the website, and show us whether our advertising is effective or not. This allows us to see the overall patterns of usage on the website, rather than the usage of a single person. We use the information to analyze website traffic, but we do not examine this information for individually identifying information.

(e) Advertising Cookies. Advertising cookies are set to display targeted promotions or advertisements based upon your interests on the Solutions or to manage our advertising. These cookies collect information for example about your activities our websites and other sites to provide you with targeted advertising. These cookies enable us for example to track if you are a current customer and when the last time was that you engaged with us, so that we can follow-up, or to find new customers and prospects.

(f) Google Analytics. Google Analytics service is provided by Google, Inc. We use Google Analytics to collect anonymized statistics in order to improve our Solutions. You can learn about Google’s practices by going to Google Analytics and privacy, and opt out of them by downloading the Google Analytics Opt-out Browser Add-on. We have taken the following measures to protect the data collected through Google Analytics:

  • We have concluded a data processing agreement with Google about how Google may process the data collected through Google Analytics.
  • We have configured Google Analytics settings to mask the last octet of user IP addresses.
  • We have configured Google Analytics to not share data with third parties.
  • We do not use other Google services in conjunction with Google Analytics.

(g) Pixel tags. Pixel tags (also known as web beacons and clear GIFs) are used to, among other things, track the actions of users of our websites, measure the success of our marketing campaigns, and compile statistics about usage of our websites and response rates.

Browser or Device Information. Certain information is collected by most browsers or automatically through your device, such as your Media Access Control (MAC) address, computer type (Windows or Mac), screen resolution, operating system name and version, device manufacturer and model, language, Internet browser type and version, and the name and version of the website you are using. We use this information to ensure that our websites and Solutions function properly.

10.3. HOW TO MANAGE COOKIES AND SIMILAR TECHNOLOGIES

You can change your settings for cookies and similar technologies as described in the documentation pertaining to each Solution. In addition, you can refuse or accept cookies from our websites at any time by activating the settings on your browser. Information about the procedure to follow in order to enable or disable cookies can be found on your Internet browser provider’s website via your help screen. Please refer to http://www.allaboutcookies.org/manage-cookies/index.html for information on commonly used browsers. Please be aware that if cookies are disabled, not all features our websites may operate as intended.

If you want to clear all cookies left behind by the websites you have visited, here are links where you can download programs that clean out tracking cookies:

(a) http://www.spybot.info/en/download/index.html

(b) http://www.webroot.com/consumer/products/spysweeper/

11. CHANGES TO OUR PRIVACY POLICY

We may change, modify, update, add, or remove any portions of this Privacy Policy from time to time to meet our business requirements and/or comply with statutory provisions. You can see the date of the latest update at the top of this Privacy Policy. If we make material or substantive changes to one of our privacy policies, we will seek to actively bring those changes to your attention. Your acceptance of the amended Privacy Policy shall signify your consent to such changes and agreement to be legally bound by the same.

Effective date: 30 Nav 2021 / Last updated: 30 Nav 2021