Simplot Privacy Policy

Last Updated: January 17, 2023

J.R. Simplot Company (“Simplot”, “we”, “our” or “us”) is in the business of Bringing Earth’s Resources to Life through our innovation in plant nutrition and food processing, researching new ways to feed animals and sustain ecosystems. We strive to feed a growing population through farming, ranching, mining, manufacturing, and food processing (collectively, “Services”). This Privacy Statement explains how Simplot collects, uses, and discloses information from you when you visit our websites, register for the Services, or otherwise interact with us.

This Policy Covers:

Scope of the Statement
Collection of Information
Use of Information
Sharing of Information
Advertising and Analytics Services Provided by Others
Data Retention
Transfer of Information to the U.S. and Other Countries
Security
Your Choices
Residents of the European Economic Area
Our Policy Towards Minors
Contact Us
California-specific Description of California Consumer’s Privacy Rights

1. Scope of the Statement

This Privacy Statement applies to personal information (“information”) we collect from and about individuals who visit our website, purchase or use our products and/or services, obtain financing or otherwise interact with us. We may obtain information about you, your farm, or your devices from third parties, and we may share information with third parties in some circumstances.

We may change this Privacy Statement from time to time. If we make changes, we will notify you by revising the date at the top of the statement and, in some cases including if we make material changes, we may provide you with additional notice (such as adding a statement to our homepage or sending you a notification). We encourage you to review the Privacy Statement whenever you access the Services or otherwise interact with us to stay informed about our information practices and the choices available to you.

2. Collection of Information

We collect personal information from you in several ways in order to provide and market our products and services. We collect information: (i) you provide to us directly, (ii) automatically, through cookies and other tools when you visit the site, and (iii) from other sources, including third parties. The information we collect on you includes Personal Information, Equipment Information and Device Information.

Personal Information includes information that allows us to identify and to communicate with you, such as your name, phone number, username, mailing address, email address, farm or business information, general location and other demographic information and financial information. Personal Information is information that can be used on its own or with other publicly available information to identify, locate or contact you. Personal Information may also include information which helps us understand your preferences so that we may offer you products and services that may interest you. Personal information does not include information that is not reasonably linkable to an individual, or information that has been de-identified, or aggregated.

Equipment Information is data generated or collected by your equipment and devices or by equipment and devices owned/operated by Simplot or third parties. Equipment Information includes land data, field boundaries, images, yield data, lab results, soil and tissue samples, agronomic data, information or data that you or your agents provide to us that relates to equipment, land or farming devices, and data generated by any devices used over, under or on the property upon which you operate. Equipment Information does not include any information that is either publicly available or capable of being obtained from a third party source without such third party source violating its obligations of confidentiality.

Device Information is data collected when you visit the site and includes information relating to your computer or mobile phone such as log information, information specific to your device including your IP address, browser information and other analytics information, and information collected through cookies and similar technology. This information may include aggregated information or information that is not personally identifiable.

i. Information You Provide to Us

We collect your information when you interact with us, such as when you register on our website, purchase products or services, participate in any interactive features of the Services, fill out a form, apply for a job, communicate with us via third party social media sites, apply for or obtain financing from us or third party financers, request customer support or otherwise communicate with us. We also collect information when you use our mobile applications or contact us for customer service. We may also collect Equipment Information or Device Information from your equipment and devices when providing you with certain services or when you access the website. The equipment and devices may include farm machinery, implements, cameras, sensors, drones, and personal devices such as laptops, computers, tablets and smartphones.

ii. Automatically Collected Information

When you access or use our Services, we automatically collect Device Information about you, including:

Log Information: We collect log information about your use of the Services, including the type of browser you use, app version, access times, pages viewed, your IP address and the page you visited before navigating to our Services.
Device Information: We collect information about the computer or mobile device you use to access our Services, including the hardware model, operating system and version, unique device identifiers, and mobile network information.
Information Collected by Cookies and Other Tracking Technologies: We use different technologies to collect information, including cookies and web beacons. Cookies are small data files stored on your hard drive or in device memory that help us improve our Services and your experience, see which areas and features of our Services are popular and count visits. Web beacons are electronic images that may be used in our Services or emails and help deliver cookies, count visits and understand usage and campaign effectiveness. For more information about cookies and how to disable them, please see “Your Choices” below.

iii. Information We Collect from Other Sources

We may obtain information from other sources and we may combine information from other sources with information we collect through our Services. For example, we may collect information about you from third parties, including but not limited to identity verification services, satellite imagery, mailing list providers, credit bureaus and publicly available sources.

3. Use of Information

We use the information we collect to provide, maintain, and improve our Services, including to administer your account, deliver product, provide you services, help you obtain financing, and offer you warranty service. We also use the information we collect to:

Send you technical notices, updates, security alerts, and support and administrative messages;
Respond to your comments, questions and customer service requests;
Communicate with you about products, services, and offers and provide news and information we think will be of interest to you;
Evaluate your credit worthiness;
Monitor and analyze trends, usage and activities in connection with our Services;
Detect, investigate and prevent fraudulent transactions and other illegal activities, and protect the rights and property of Simplot and others; and
Carry out any other purpose described to you at the time the information was collected.

4. Sharing of Information

We may share information about you as follows or as otherwise described in this Privacy Statement:

With vendors, consultants and other service providers who need access to such information to carry out work on our behalf;
With our partners to evaluate your credit worthiness, if you apply for credit with us;
In response to a request for information if we believe disclosure is advisable or required, including to comply with any law, legal process or a request by public authorities or third parties;
To investigate actions we believe are inconsistent with our agreements or policies, or to protect the rights, property and safety of Simplot or others;
In connection with, or during negotiations of, any merger, sale of company assets, financing or acquisition of all or a portion of our business by another company; and
Aggregated and anonymized data may be shared with vendors, consultants and other service providers for industry analysis, demographic profiling, and other purposes.
With your consent or at your direction.

We may also share aggregated or de-identified information, which cannot reasonably be used to identify you.

5. Advertising and Analytics Services Provided by Others

We may allow others to provide analytics services or serve advertisements on our behalf across the internet and in applications. These entities may use cookies, web beacons, device identifiers and other technologies to collect information about your use of the Services and other websites and applications, including your IP address, web browser, mobile network information, pages viewed, time spent on pages or in apps, and links clicked. This information may be used by Simplot and others to, among other things, analyze and track data, determine the popularity of certain content, deliver advertising and content targeted to your interests on our Services and other websites and better understand your online activity. For more information about interest-based ads, or to opt out of having your web browsing information used for behavioral advertising purposes, please visit www.aboutads.info/choices or, if you are in the European Economic Area, www.youronlinechoices.eu.

6. Data Retention

We store the information we collect about you for as long as is necessary for the purpose(s) for which we originally collected it and according to Simplot’s standard retention schedules. We may retain certain information for legitimate business purposes or as required by law.

7. Transfer of Information to the U.S. and Other Countries

Simplot is based in the United States. As such, we and our service providers may transfer your information to, or store or access it in, jurisdictions that may not provide equivalent levels of data protection as your home jurisdiction. We will take steps to ensure that your personal data receives an adequate level of protection in the jurisdictions in which we process it.

8. Security

Simplot is very concerned with safeguarding your information. We employ reasonable physical, technical, and administrative security measures intended to safeguard information and to help prevent unauthorized access and disclosure of personal information. No method of transmission over the Internet, or method of electronic storage, is 100% secure, however. Therefore, while we strive to use commercially acceptable means to protect your personal information, we cannot guarantee its absolute security. We have procedures to deal with any suspected breach of personal data, and we will notify you and any applicable regulator of a breach where we are legally required to do so.

9. Your Choices

i. Account Information

You may update, correct or delete information about you at any time by contacting us at privacy@lilysw.com or calling us at 1-800-390-9612. You may close your account by contacting us at privacy@lilysw.com or calling us at 1-800-390-9612, but note that we may retain certain information as required by law or for legitimate business purposes. We may also retain cached or archived copies of information about you for a certain period of time. If you make a request to access or delete your data, we may take steps to verify that the request is valid, including that you are the person making the request.

ii. Promotional Communications

You may opt out of receiving promotional emails from Simplot by following the instructions in those emails. If you opt out, we may still send you non-promotional emails, such as those about your account or our ongoing business relations.

10. COOKIES

i. General

Simplot may use cookies on our websites to create the most effective websites possible for our users and visitors. Cookies are small data files that are sent to and stored on your computer, smartphone or other device for accessing the internet whenever you visit a website. Cookies are useful because they allow a website to recognize a user’s or website visitor’s device. Some of the functions that cookies perform can also be achieved using similar technologies including web beacons and pixel tags, among other similar technologies. While this Privacy Statement and Cookie Section refers to “cookies” throughout, this term is intended to include these similar technologies. For more information about cookies generally, visit allaboutcookies.org.

ii. Types of Cookies We Use

Simplot uses the following categories of cookies on our websites:

Preference. These cookies allow our website to remember which products you place in your sample bag, so that we can ship you free samples.
Advertising. These cookies are used to provide you with more relevant advertisements.
Analytics. These cookies assist us with learning more about how users and visitors use our websites, including pages visited, how much time is spent on each page, and similar information.
Authentication. These cookies assist us with authenticating user and visitor requests, and with maintaining session information related to users.
Functionality. These cookies help us ensure that the websites function properly.
Security. These cookies allow our servers to mitigate the risk of information leakage attacks by ensuring that requests are submitted to our websites from proper domains.
Third-Party. These cookies are placed by our service providers, such as Salesforce which assists us with managing customer relationships, Olark which assists us with customer support, and Google which provides us with analytics services.

Simplot does not sell any personal information gathered through cookies on our websites with third parties. However, some of the cookies utilized on our websites may share information with our service providers, such as analytics and marketing service providers.

When using our websites, you may encounter embedded content, or you may be directed to other websites for certain tasks such as making a payment or applying for a scholarship or job. These websites and embedded content may use their own cookies. Please note, Simplot does not have control over the placement of cookies by other websites, even if you are directed to them from our websites.

iii. Your Choices

Most web browsers are set to accept cookies by default. If you prefer, you can usually choose to set your browser to remove or reject browser cookies. Please note that if you choose to remove or reject cookies, this could affect the availability and functionality of our Services.

11. OUR POLICY TOWARDS MINORS

The Services are not directed to persons under 18. We do not knowingly collect personally identifiable information from children under 18. If a parent or guardian becomes aware that his or her child has provided us with Personal Information without their consent, he or she should contact us at privacy@lilysw.com or calling us at 1-800-390-9612. If we become aware that a child under 18 has provided us with Personal Information, we will delete such information from our files.

12. CONTACT US

If you have any questions about this Privacy Statement, please contact us at privacy@lilysw.com or calling us at 1-800-390-9612.

13. RESIDENTS OF THE EUROPEAN ECONOMIC AREA

If you are a resident of the European Economic Area (“EEA”), you have certain rights and protections under the law regarding the processing of your personal data. Please contact us at privacy@lilysw.com or calling us at 1-800-390-9612 for more information about the rights you have, or to exercise your rights.

i. Legal Basis for Processing

If you are a resident of the EEA, we will only process your personal data in the following situations:

When we need to use your personal data to perform our responsibilities under our contract with you (e.g., providing the services you have requested).
When we have a legitimate interest in processing your personal data. For example, we may process your personal data to send you marketing communications, to communicate with you about changes to our Services, to address issues related to your account, and to provide, secure, and improve our Services.

ii. Data Subject Requests

If you are a resident of the EEA, you have the right to access personal data we hold about you and to ask that your personal data be corrected, erased, or transferred. You may also have the right to object to, or request that we restrict, certain processing. If you would like to make any of these requests, you may contact us as indicated below.

iii. Questions or Complaints

If you are a resident of the EEA and have a concern about our processing of personal data that we are not able to resolve, you have the right to lodge a complaint with the data privacy authority where you reside. For contact details of your local Data Protection Authority, please see: http://ec.europa.eu/justice/data-protection/article-29/structure/data-protection-authorities/index_en.htm

14. California-Specific Description of California Consumers’ Privacy Rights

This section of our Privacy Statement supplements the information contained in our general Privacy Statement above. It applies only to individuals who reside in the State of California (“consumers” or “you”). We adopt this notice to comply with the California Consumer Privacy Act (CCPA) and other laws that provide rights specific to California residents.

i. Categories of Information We Collect

Our Services collect personal information. We have collected the following categories of personal information from our consumers within the last 12 months. The sources from which we obtain this information and the ways in which we use this information are set forth in our general Privacy Statement above. We will not collect additional categories of personal information or use the personal information we collected for materially different, unrelated, or incompatible purposes without providing you notice.

Category	Examples	Collected
A. Identifiers.	A real name, alias, postal address, unique personal identifier, online identifier, Internet Protocol address, email address, account name, Social Security number, driver’s license number, passport number, or other similar identifiers.	Yes
B. Personal information categories listed in the California Customer Records statute (Cal. Civ. Code § 1798.80(e)).	A name, signature, Social Security number, physical characteristics or description, address, telephone number, passport number, driver’s license or state identification card number, insurance policy number, education, employment, employment history, bank account number, credit card number, debit card number, or any other financial information, medical information, or health insurance information. Some personal information included in this category may overlap with other categories.	Yes
C. Protected classification characteristics under California or federal law.	Age (40 years or older), race, color, ancestry, national origin, citizenship, religion or creed, marital status, medical condition, physical or mental disability, sex (including gender, gender identity, gender expression, pregnancy or childbirth and related medical conditions), sexual orientation, veteran or military status, genetic information (including familial genetic information).	Yes
D. Commercial information.	Records of personal property, products or services purchased, obtained, or considered, or other purchasing or consuming histories or tendencies.	Yes
E. Biometric information.	Genetic, physiological, behavioral, and biological characteristics, or activity patterns used to extract a template or other identifier or identifying information, such as, fingerprints, faceprints, and voiceprints, iris or retina scans, keystroke, gait, or other physical patterns, and sleep, health, or exercise data.	Yes
F. Internet or other similar network activity.	Browsing history, search history, information on a consumer’s interaction with a website, application, or advertisement.	Yes
G. Geolocation data.	Physical location or movements.	Yes
H. Sensory data.	Audio, electronic, visual, thermal, olfactory, or similar information.	Yes
I. Professional or employment-related information.	Current or past job history or performance evaluations.	Yes
J. Non-public education information (per the Family Educational Rights and Privacy Act (20 U.S.C. Section 1232g, 34 C.F.R. Part 99)).	Education records directly related to a student maintained by an educational institution or party acting on its behalf, such as grades, transcripts, class lists, student schedules, student identification codes, student financial information, or student disciplinary records.	No
K. Inferences drawn from other personal information.	Profile reflecting a person’s preferences, characteristics, psychological trends, predispositions, behavior, attitudes, intelligence, abilities, and aptitudes.	No

ii. Disclosures of Personal Information for a Business Purpose

We disclose your personal information to third parties for business purposes. When we disclose personal information for a business purpose, we enter into a contract that describes the purpose and requires the recipient to both keep any personal information it receives confidential and not use personal information it receives for any purpose except performing the contract.

We share your personal information with the following categories of third parties:

Service providers, which we refer to as “vendors, consultants and other service providers” in our general Privacy Statement, above.

iii. Sales of Personal Information

The CCPA provides California consumers with the right to opt-out of the sale of their personal information to third parties. The CCPA defines “sale” or “sell” as disclosing or making available to a third-party personal information in exchange for monetary or other valuable consideration. We do not disclose personal information about you in exchange for monetary consideration.

However, for consumers that apply for credit with us, we disclose personal information you provide us to Partner Trade Associations for the benefit of evaluating your credit worthiness, which may constitute a sale under the CCPA.

The categories of personal information we may “sell”, as defined under the CCPA, are as follows:

Category of Information

Category of Third Parties

Identifiers

Personal Information categories listed in
the California Customer Records statute
(Cal. Civ. Code § 1798.80(e))
Commercial Information

Partner Trade Associations

Please note that your right to opt-out of the sale of personal information described above only applies to our disclosure of Identifiers and Personal Information listed in the California Consumer Records statute (Cal. Civ. Code § 1798.80(e)). It does not apply to our disclosure of Commercial Information, which is governed by the Fair Credit Reporting Act. To exercise your right to opt-out of the sale of personal information, you (or your authorized representative) may submit a request to us by following the instructions set forth in the section of this Privacy Statement titled, “Exercising Your Rights; Verification.”

iv. Your California Rights

The CCPA provides California consumers with specific rights regarding their personal information. This section describes your CCPA rights and explains how to exercise those rights.

v. Requests to Access to Specific Information

You have the right to request that we disclose information to you about our collection and use of your personal information over the past 12 months, and that this information be provided to you in a portable, and readily usable format, to the extent it is technically feasible to do so. You have the right to request the following:

The categories of personal information we collected about you.
The categories of sources for the personal information we collected about you.
Our business or commercial purpose for collecting or selling that personal information.
The categories of third parties with whom we share that personal information.
The specific pieces of personal information we collected about you.
If we sold or disclosed your personal information for a business purpose, two separate lists disclosing:
- sales (if any) along with the personal information categories that each category of recipient purchased; and
- disclosures for a business purpose along with the personal information categories that each category of recipient obtained.

Once we receive and confirm your verifiable consumer request, we will provide you with the information you request.

vi. Deletion Requests

You have the right to request that we delete any of the personal information that we collect or retain about you, subject to certain exceptions. Once we receive and confirm your verifiable consumer request (see below), we will delete (and direct any of our service providers that hold your data on our behalf to delete) your personal information from our records, unless an exception applies. We may deny your deletion request if retaining the information is necessary for us or our service providers as permitted by law.

vii. Right to Opt-out of Sales of Personal Information

California consumers have the right to opt-out of the sale of their personal information. Information about our practices that may constitute a sale of data under the CCPA can be found above in the section of this Privacy Statement titled “Sales of Personal Information.” You may exercise your rights to opt-out by following the instructions set forth in the section of this Privacy Statement titled, “Exercising Your Rights; Verification.”

viii. Exercising Your Rights; Verification

To exercise the rights described above, please submit a request to us at privacy@lilysw.com

Only you, or a person registered with the California Secretary of State that you authorize to act on your behalf, may make a request related to your personal information. You may also make a request on behalf of your minor child.

You may only make a request for access or data portability twice within a 12-month period. The request must:

Provide sufficient information that allows us to reasonably verify you are the person about whom we collected personal information or an authorized representative.
Describe your request with sufficient detail that allows us to properly understand, evaluate, and respond to it.

We will only use personal information provided in a request to verify the requestor’s identity or authority to make the request.

We endeavor to respond to requests within 30 days of its receipt, but we are allowed by law to take up to 45 days to respond. If we require more time (up to 90 days), we will inform you of the reason and extension period in writing.

If you have an account with us, we will deliver our written response to that account. If you do not have an account with us, we will deliver our written response by mail or electronically, at your option.

We do not charge a fee to process or respond to your 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.

We cannot respond to your request or provide you with personal information if we cannot verify your identity or authority to make the request and confirm the personal information relates to you. Making a verifiable consumer request does not require you to create an account with us. We will only use personal information provided in a verifiable consumer request to verify the requestor's identity or authority to make the request.

ix. Non-Discrimination

We will not discriminate against you for exercising any of your CCPA rights. Unless permitted by the CCPA, we will not:

Deny you goods or services.
Charge you different prices or rates for goods or services, including through granting discounts or other benefits, or imposing penalties.
Provide you a different level or quality of goods or services.
Suggest that you may receive a different price or rate for goods or services or a different level or quality of goods or services.

15. Notice for Australian Residents

This section of our Privacy Statement supplements the information contained in our general Privacy Statement above. It applies only to individuals who reside in the State of Australia (“consumers” or “you”). We adopt this notice to comply with the Privacy Act 1988 (Cth) (the Act) and the Australian Privacy Principles in connection with your information.

i. Sensitive information

In Australia, we collect information about you as set out in this Privacy Policy, but we may also collect sensitive information about you.

We do not generally require you to provide us with any sensitive information, but in limited circumstances we may require you to provide us with certain health information (for example when you apply for a job with us or use our Consumer Information Service). More information is set out below.

If you do provide sensitive information to us for any reason (for example, if you provide us with information about your allergies, dietary requirements or other health related information), you consent to us collecting that information and to us using and disclosing that information for the reason that you provided it to us and as permitted by the Act.

You may notify us that you wish to deal with us by not identifying yourself or using a pseudonym. However, if we are not able to collect information about you, we may not be able to provide you with the products, services, information, or assistance you require.

Job applicants

If you apply for a job with us, we will use the information provided by you to assess your application. We also may provide assistance to our related companies in relation to their recruitment activities, including Simplot New Zealand Limited (which is located in New Zealand).

If you submit an application for a position with one of these companies, we will share information about you (including your application and the supporting documents) with the relevant company for the purpose of assessing your suitability for that position.

As part of the application process, you may be required to undergo certain assessments such as background checks, psychometric screening, aptitude testing, medical testing and human resources management activities. These activities would likely involve the collection of health information and possibly other sensitive information. This information may be used in the assessment of your suitability for the role you have applied for.

We may engage third party service providers to assist us with assessing your application. Those service providers may collect information about you on our behalf and we may share information about you with these service providers for this purpose.

You may refuse to provide this information to us or our service providers. However, if you refuse to provide any of the information requested by us, or do not consent to the disclosure of the results of your additional assessments, we may be unable to consider your application.

Consumer Information Service

When you use our Consumer Information Service, we may ask for you to provide certain information for us to respond to your query. For example, we may request your phone number so that we can contact you once we have an answer to your query. Some queries may require us to disclose your information to third parties, for example food safety testing labs.

If your query requires us to collect health information or other sensitive information about you, we will only do so if we have your consent and if the sensitive information is reasonably necessary for us to deal with your query. We will only use and disclose this information with your consent, or for other purposes if we are authorised or required to do so by law.

We will handle any health information that we collect about you in accordance with applicable laws.

ii. Will my information leave Australia?

Some of the third parties to whom we disclose your information may be located outside of Australia. For example, we may disclose your information to:

our related companies overseas (including the United States and New Zealand);
parties who license their trademarks to us; and
overseas service providers that provide us with services including data storage, information and data aggregation and processing, remote access, back up and scanning, email filtering, and virus scanning.

The countries in which these third parties are located will depend on the circumstances. However, in the course of our ordinary business operations some information that we hold is sent to facilities in Japan and the EU for processing and storage.

When we disclose your information to third party recipients located outside of Australia we will use reasonable commercial efforts to ensure that these third parties protect this information in a manner consistent with this Privacy Statement.

iii. Storage and Security

We may store information on computer databases and/or in hard copy, and we employ reasonable commercial physical and electronic security measures to protect any records that we hold which contain your information. More information about how we safeguard your information is set out in section titled “Security” in the Privacy Statement above.

We may also engage third party service providers to assist in storing and processing certain types of information for us. Some of these service providers may be located overseas, or use facilities located overseas to provide us with services.

We will take reasonable steps to keep any information that we hold about you secure from misuse, interference and loss, and from unauthorised access, modification or disclosure as required by the Act.

However, except to the extent that liability cannot be excluded due to the operation of statute, we exclude all liability (including in negligence) for the consequences of any unauthorised access to your information. Please notify us immediately if you become aware of any breach of security.

iv: How can I access, correct, and update information you hold about me?

You have the right to access, correct and update the information we hold about you. You can do this by making a request using the contact details set out below. If you make a request, we may take steps to verify that the request is valid, including that you are the person making the request.

v. Contacting Us

You can contact us if:

you want to access or correct any information that we hold about you;
you want to unsubscribe from our mailing lists; or
you think that we have breached the Australian Privacy Principles and want to make a complaint.

We can be contacted about privacy issues by email sent to privacy@lilysw.com Alternatively, you can write to us at Simplot Australia Privacy Officer, Locked Bag 3005, Braeside, Victoria 3005. When contacting us, please provide as much detail as possible in relation to your query, issue or complaint. Please note that:

Your complaints are taken seriously and will be assessed by an appropriate person with the aim of resolving any issue in a timely and efficient manner and in accordance with the Act. We request that you cooperate with us during this process and provide us with relevant information we may require. If you are not satisfied with the outcome of our assessment of your complaint, you may wish to contact the Office of the Australian Information Commissioner.
If you require access to the information that we hold about you, we may charge a fee for providing access to this information and we may refuse access where the Act allows us to do so.