Oaken Privacy Policy

Last update: October 29. 2023

GENERAL

We know that your privacy is important to you, and we work hard to earn and keep your trust.  Oaken, Inc. (collectively with its subsidiaries and affiliates, “Company,” “we,” “us,” and “our”), respects your privacy and is committed to protecting your privacy through our compliance with this Privacy Policy (the “Policy”). The words “you” and “your” refer to you as a user of the Platform (defined below), either as a visitor, registered user, or an employee of a Company customer.  

This Policy describes:

  • The types of information we collect from you or that you may provide when you visit our website(s) available at: oaken.ag as well as any websites directly owned by the Company where this Policy is linked (collectively, the “Website”).  

  • Use our mobile applications, including Oaken, and any other mobile applications directly owned by, or operated by or on behalf of, the Company and where this Policy is linked (the “Applications”); and

  • Provide us information offline, such as in person or at Company’s physical locations (collectively, with the Website and Applications, the “Platform”).  

  • Our practices for collecting, using, maintaining, protecting, and disclosing that information. 

This Policy applies to information we collect on the Platform or in emails and other electronic messages between you and the Platform, and information gathered when you interact with our advertising on third-party websites if such advertisements include links to this Policy. 

This Policy does not apply to information collected by other website operated by any third party, or information collected by any third party through any application or content (including advertising) that may link to or be accessible from the Platform (for further information, see below, “Third-party Websites”). 

Please read this Policy carefully to understand our practices regarding your information and how we will treat it.  If you do not agree with our policies and practices, then please do not use the Platform.  By using the Platform, you agree to the terms of this Policy.  This Policy may change from time to time (see below, “Changes to this Policy”).  Your continued use of the Platform after we make changes is deemed to be acceptance of those changes, so please check the Policy periodically for updates. 

2. PLATFORM USERS; END USER TERMS OF USE; OTHER AGREEMENTS

Platform Users. Oaken is a business-to-business service with a primary focus on an agricultural producer relationship management platform. We offer a hosted suite of agricultural producer software services. The Platform manages the relationships between and connects producers, farmland managers, landowners, and other individuals. Therefore, this Policy will apply to you either as a visitor of the Platform, a registered user of the Platform, or an employee of a producer, farmland manager, or landowner.

End User Terms of Use. This Policy is incorporated by reference and should be read in conjunction with the Company’s End User Terms of Use. 

Other Agreements. Your use of the Platform and any information associated with the Platform may also be subject to the terms of separate written agreements (the “Business Agreements”), between Company and its customers, which may be your organization or employer (a “Business”).   When applicable, this Policy may be superseded by specific terms in the Business Agreements.  If you use or submit any materials on the Platform as an employee, contractor or agent of a Business, you agree to be bound by any applicable Business Agreements, as well as any posted Business guidelines and policies related to the materials you wish to use or submit, as applicable.  When applicable, if you do not agree to the terms of the Business Agreements, you will not be able to use the Platform.

3. THE INFORMATION WE COLLECT

Personal Information. To ensure that we provide you with the best possible experience, we will store, use, and disclose personal information about you in accordance with this Policy.  Personal information is information that identifies, relates to, describes, references, is reasonably capable of being associated with, or could reasonably be linked, directly or indirectly, with a particular user, household or device (“Personal Information”). The Personal Information that we may receive and collect depends on what you do when you visit the Platform.

Aggregated and De-Identified Data. We may also collect, use and disclose aggregated and de-identified data such as statistical or demographic data for any purpose. Aggregated and de-Identified data could be derived from your Personal Information but is not considered Personal Information under applicable law as this data will not directly or indirectly reveal your identity. However, if we combine or connect aggregated or de-identified data with your Personal Information so that it can directly or indirectly identify you, we treat the combined data as Personal Information which will be used in accordance with this Policy.

Credit Card Information. Please note that for any credit card information provided on the Platform, we utilize a trusted third-party PCI-DSS compliant payment processor to process all of your transactions and it collects and maintains the necessary Personal Information needed to necessitate such transactions.

Free-Text Boxes. The information that you provide in each case will vary. In some cases, you may be able to provide Personal Information via email or free text boxes, such as contacting the Company to request further information.  When providing your Personal Information, please provide only relevant information and do not provide unnecessary sensitive information, such as Social Security numbers, credit card information or other sensitive personal data, unless required for our services.   

Username and Password; Other Sources. We may ask you to create a username and password that should only be known to you. When you provide this information to us, you are no longer anonymous.  Additionally, we may receive information about you from other sources and add it to the information you have provided to us.

Information of Other Individuals.  You may have the opportunity to provide information of other individuals. When providing such information, you are solely responsible for obtaining the necessary consents and authorizations from any individuals in accordance with applicable data security laws and regulations, and the Company shall not be responsible or held liable for your failure to obtain the necessary consents. 

Recording Use of the Platform. We partner with trusted third-party vendors to analyze performance and traffic of the Platform.   This may include things like buttons you click, mouse movements and other behavior on the Platform, date and time of access, pages visited, web beacons, and cookie or pixel tag information. Please see our Automatic Information Collection section below to learn more about cookies, pixels tags, and analytic technologies. 

Live Chat. We may partner with a trusted third-party vendor to provide you with live chat features to better assist you. When using the live chat features, please only provide necessary information and do not provide sensitive information.  For recordkeeping, training, and quality assurance purposes, we or our third-party vendor may record and maintain a transcript of any communications in the live chat.

Information We May Collect on the Platform

You may have the opportunity to provide Personal Information on the Platform, including but not limited to:

  • Identifiers: First and last name, date of birth, postal address, email address, telephone number, unique personal identifier, online identifier, Internet Protocol address, account name. 

  • Protected classification characteristics: Sex (including gender, gender identity, gender expression

  • Commercial information: Records of personal property, products or services purchased, obtained, or considered.

  • Sensitive Personal Information: Precise geolocation.

  • Internet or other similar network activity: Browsing history, search history, information on a consumer's interaction with a website, application, or advertisement.

  • Geolocation data: Physical location or movements.

We may obtain the Personal Information listed above from the following categories of sources:

  • Directly from you. For example, when you: 

    • register yourself with the Platform.

    • subscribe to our services or subscriptions. 

    • subscribe to one of our e-newsletters. 

    • upload documents to the Platform, including relevant lease agreements.

    • submit a job application; or

    • otherwise communicate with us, such as contacting us for more information. 

  • Indirectly from you. For example, through information we collect from you in the course of providing our services to you.

  • Directly and indirectly from activity on the Platform. For example, from Platform usage details that are collected automatically. For more information on automatic information collection, please review the “Automated Information Collection” section below. 

4. AUTOMATED INFORMATION COLLECTION

Website. In addition to the information that you provide to us, we may also collect information about you during your visit to our Website.  We collect this information using automated tools that are detailed below.  These tools may collect information about your behavior and your computer system, such as your internet address (IP Address), the pages you have viewed, and the actions you have taken while using the Website.  Some of the tools we use to automatically collect information about you may include:

  1. Cookies.  A “cookie” is a small data file transmitted from a website to your device’s hard drive.  Cookies are usually defined in one of two ways, and we may use either (or both) of them:  

    1. session cookies, which do not stay on your device after you close your browser, and 

    2. persistent cookies, which remain on your device until you delete them or they expire.  

We may use the following categories of cookies on our Website. 

      1. Strictly Necessary Cookies.  These cookies are essential in order to enable you to move around the Website and use its features. Without these cookies, services you have requested cannot be provided.

      2. Performance Cookies.  These cookies collect anonymous information on how you use our Website to help us understand how you arrive at our Website, browse or use our Website and highlight areas where we can improve, such as navigation. The data stored by these cookies never shows personal details from which your individual identity can be established.

      3. Functionality Cookies.  These cookies remember choices you make such as the country from which you visit our Website, your preferred language, and your search parameters. This information can then be used to provide you with an experience more appropriate to your selections and to make your visits to our Website more tailored to your preferences. The information in these cookies may be anonymized.  These cookies cannot track your browsing activity on other websites.

      4. Targeting Cookies or Advertising Cookies. These cookies collect information about your browsing habits in order to make advertising more relevant to you and your interests. They are also used to limit the number of times you see an advertisement as well as help measure the effectiveness of an advertising campaign.  The cookies are usually placed by third-party advertising networks.  These cookies remember the websites you visit and that information is shared with other parties, such as advertisers. 

Of course, if you do not wish to have cookies on your devices, you may turn them off at any time by modifying your internet browser’s settings.  If you choose to reject cookies, you may still use our Platform though your access to some functionality and areas of our Platform may be restricted. As the means by which you can refuse cookies through your web browser controls vary from browser-to-browser, you should visit your browser's help menu for more information. In addition, most advertising networks offer you a way to opt out of targeted advertising.  If you would like to find out more information, please visit http://www.aboutads.info/choices/ or http://www.youronlinechoices.com. You may opt out by clicking here: http://optout.aboutads.info/ or http://optout.networkadvertising.org/. Please note this does not opt you out of being served advertising. You may continue to receive generic advertisements. 

  1. Embedded Web Links.  Links provided in our emails and, in some cases, on third-party websites may include tracking technology embedded in the link.  The tracking is accomplished through a redirection system.  The redirection system allows us to understand how the link is being used by email recipients.  Some of these links will enable us to identify that you have personally clicked on the link and this may be attached to the Personal Information that we hold about you.  This data is used to improve our service to you and to help us understand the performance of our marketing campaigns.

  2. Third-party Websites and Services.  We work with a number of service providers of marketing communications technology.  These service providers may use various data collection methods to improve the performance of the marketing campaigns we are contracting them to provide.  The information collected can be gathered on our Website and also on the websites where our marketing communications are appearing.  For example, we may collect data where our banner advertisements are displayed on third-party websites.

Application. In addition to the information that you provide to us, we may also collect information about you during your visit to our Application.  We collect this information using automated technology.  This technology may collect information about your behavior and your device, such as your internet address (IP Address), the pages you have viewed, the actions you have taken while using the Application, saved preferences, and log-in Session ID.  This information is not personally identifiable or capable of being used to identify you in the scope of this Policy. You may manage how your mobile device and mobile browser share location information with us, as well as how your mobile browser handles cookies and related technologies, by adjusting your mobile device privacy and security settings. Please refer to instructions provided by your mobile service provider or the manufacturer of your device to learn how to adjust your settings. 

5. HOW WE USE YOUR INFORMATION

The personal information we gather and that you provide is collected to provide you information and the services you request, in addition to various other purposes, including, but not limited to: 

  • security, credit or fraud prevention purposes;

  • providing you with effective customer service, including monitoring, managing and updating your machines and products;

  • providing you with a personalized experience when you use the Platform;

  • developing new products and services;

  • contacting you with special offers and other information we believe will be of interest to you (in accordance with any privacy preferences you have expressed to us);

  • contacting you with information and notices related to your use of the Platform;

  • inviting you to participate in surveys and providing feedback to us (in accordance with any privacy preferences you have expressed to us);

  • better understanding your needs and interests;

  • improving the content, functionality and usability of the Platform;

  • improving our products and services;

  • improving our marketing and promotional efforts; and

  • any other purpose identified at the point of data collection, in an applicable privacy notice, in a click-through agreement or in any other agreement between you and us.

Duration. The length of time Company intends to retain Personal Information, including sensitive personal information, if any, is for as long as reasonably necessary to carry out Company’s intended business purpose for such information. To determine the appropriate retention period for your information, we consider the purposes for which we process the information; the nature and sensitivity of the information; the potential risk of harm from unauthorized use or disclosure of the information; and any applicable legal and reporting requirements.

6. HOW WE DISCLOSE YOUR INFORMATION

We do not sell or lease your Personal Information to any third party.  We may disclose your Personal Information to a third party for a business purpose, including the following categories of third parties: 

  • Our Affiliates. We may disclose the information collected through the Platform with our Affiliates in order to provide our products, services and effective customer support.

  • Third-party Service Providers. We disclose Personal Information collected through the Platform with third-party Service Providers who act for or on behalf of the Company. These third parties may need information about you to perform their functions. “Service Providers” may include suppliers, dealers, distributors, companies and consultants that provide website hosting, software development, payment processing, website and data analytics, order fulfillment, information technology and related infrastructure support, customer service, email delivery, and auditing.

  • Businesses.  We may disclose your information with your applicable Business, such as, but not limited to, when managing all active accounts under the Business’ subscription with us. The Company is not responsible or liable for any uses of your information or your content by your applicable Business. Additionally, to help facilitate the use of our Platform by our Business customers and among their users, we may need to share certain information within that business account with other users that are authorized to access and use that business account. For example, account login information and other certain personal information may be visible by all members of the business account for purposes of confirming account permissions and users.

  • In Aggregate or De-Identified Form. We may aggregate or otherwise anonymize the data we collect for purposes of analytics, research, marketing and other business interests of the Company.  Such use shall not include Personal Information or information that can identify you as an individual or reasonably be used to identify you.

Except as described in this Policy, we will not share your information with third parties without your notice and consent, unless it is under one of the following circumstances:  

  • Legal Reasons.

    • We believe that disclosure is reasonably necessary to comply with any applicable law, regulation, subpoena, or court order;

    • To respond to duly authorized information requests from law enforcement or other governmental authorities;

    • To enforce our agreements or policies;

    • To investigate and prevent security threats, fraud, or other malicious activity; or

    • To respond to an emergency that we believe in good faith requires us to disclose such information to assist in preventing the death or serious bodily injury of any person or Company employee.

  • Sale of Business or Merger. There are circumstances where the Company may decide to buy, sell, or reorganize its business.  Under these circumstances, it may be necessary to disclose or receive Personal Information with prospective or actual purchasers, acquisition targets, partners or affiliates. In such circumstances, the Company will ensure your information is used in accordance with this Policy.

7. YOUR CHOICES AND SELECTING YOUR PRIVACY PREFERENCES

We want to provide you with relevant information that you have requested. When possible, we will always provide options as to what information we collect and how you can manage any preferences that pertains to such information. 

If we provide subscription-based services, such as email newsletters, we will allow you to make choices about what information you provide at the point of information collection or at any time after you have received a communication from us while you are subscribed.  Transactional or service-oriented messages, such as delivery confirmation messages, are usually excluded from such preferences, as such messages are required to respond to your requests or to provide goods and services, and are not intended for the purposes of marketing.

From time to time, we may send you email newsletters and marketing emails.  You may opt out of them at any time by selecting the “unsubscribe” link at the bottom of each email.  Please note that by opting out or unsubscribing you may affect other services you have requested we provide to you, in which email communication is a requirement of the service provided. Even if you opt-out of receiving marketing material, we may still need to contact you with important information about your account or responding to your requests or questions. 

8. TEXT MESSAGING 

You may have the opportunity to receive SMS or "text" messages, pre-recorded voice messages or auto-dialed phone calls from the Company, its affiliates and related entities as well as third parties.  Such messaging may be used to authenticate your identity or mobile device, as well as provide you informational updates about services or products you may have requested.  In providing your mobile device number or cell phone number to the Company, you knowingly consent to such communications from the Company or for the Company to use your cell phone number or mobile device number.  In providing your number, you represent that you have the authority to agree to receive text messages at the telephone number that you provide to the Company, or from which you sent the text message request to us.  You further acknowledge that: (a) no purchase is required to opt into this service; (b) you may opt out at any time by following the instructions provided in our communications to you; and (c) your receipt of text messages may result in separate charges from your mobile provider. You may opt out at any time by following the instructions provided in our communications to you.

Any such communications you receive from us will be administered in accordance with your preferences and this Policy.  

9. ACCURACY AND ACCESS TO YOUR PERSONAL INFORMATION

We strive to maintain and process your information accurately.  We have processes in place to maintain all of our information in accordance with relevant data governance frameworks and legal requirements.  We employ technologies designed to help us maintain information accuracy on input and processing. 

Where we can provide you access to your Personal Information in our possession, we will always ask you for a username and password to help protect your privacy and security.  We recommend that you keep your password safe, that you change it periodically, and that you do not disclose it to any other person or allow any other person to use it.  

To view and change the Personal Information that you have provided to us, you can log in to your account and follow the instructions on that webpage, or contact us directly for assistance.

10. INFORMATION OF MINORS

We do not knowingly collect or use information from individuals under the age of eighteen (18) without parental or guardian consent.  We encourage parents and guardians to provide adequate protection measures to prevent minors from providing information unwillingly on the internet.  If we are aware of any Personal Information that we have collected about minors under the age of eighteen (18) without parental or guardian consent, we will take steps to securely remove it from our systems. 

11. FEEDBACK  

We welcome inquiries or feedback on the services or products you might use or like to use. Any inquiries, feedback, suggestions, ideas, materials, or comments you provide to us (collectively, “Feedback”) will be treated as non-proprietary and non-confidential. Your Feedback on or through the Platform may be available to others who visit the Platform. In addition, we may use your Feedback in advertising campaigns and other promotions. We may or may not use your name in connection with such use, and we may or may not seek your consent before using the Feedback for such purposes. Therefore, you should have no expectation of privacy with respect to your Feedback on or through the Platform. You should not submit any content you do not wish to make available to the general public, and you must take special care to make sure your Feedback comply with our Terms of Use or other applicable agreements. All terms and conditions of our Terms of Use apply to Feedback on or through the Platform. In particular, your Feedback must not violate the privacy or other rights of others. You may not use false identifying information or contact information, impersonate any person or entity, or otherwise mislead us as to the origin of any Submission.

12. THIRD-PARTY WEBSITES 

This Policy does not apply to websites or other domains that are maintained or operated by third parties or our affiliates.  The Platform may link to third-party websites and services. For example, if you click on an advertisement on the Platform, you may be taken to another website that we do not control. These links are not endorsements of these websites, and this Policy does not extend to them.  Because this Policy is not enforced on these third-party websites, we encourage you to read any posted privacy policy of the third-party website before using the service or website and providing any information.  

13. YOUR RIGHTS UNDER STATE LAW

California.

  • Shine the Light law.  Pursuant to California Civil Code Section 1798.83, we will not disclose or share your Personal Information with third parties for the purposes of third-party marketing to you without your prior consent. 

  • Do Not Track Signals.  Other than as disclosed in this Policy, the Platform does not operate any differently when it receives Do Not Track signals from your internet web browser.

  • WE DO NOT SELL OR SHARE YOUR PERSONAL INFORMATION. 

Consumer Rights. 

Some state laws in the United States provide consumers with additional rights with respect to their Personal Information (also known as “personal data”), as those terms are defined under those applicable state laws. Such state laws may include, but are not limited to, the California Consumer Privacy Act of 2018 (the “CCPA”) as amended by the California Privacy Rights Act, the Colorado Privacy Act (“CPA”),the Utah Consumer Privacy Act (“UCPA”), and the Virginia Consumer Data Protection Act (“VCDPA”).  Any Personal Information we collect is collected for the commercial purpose of effectively providing our services to you, as well as enabling you to learn more about, and benefit from, our services. If you are a consumer in a state that provides consumer rights, please be advised that Company is not a “business” or “controller” as that term is defined under applicable state laws and therefore does not afford consumers these rights with respect to their Personal Information.  Regardless, all Personal Information will be processed in accordance with this Policy.

14. LOCATION OF THE PLATFORM AND SERVICES

We do not warrant or represent that this Policy or the Platform’s use of your Personal Information complies with the laws of every jurisdiction.  Furthermore, to provide you with our services, we may store, process, and transmit information in the United States and other locations around the world, including countries that may not have the same privacy and security laws as yours.  Regardless of the country in which such information is stored, we will process your Personal Information in accordance with this Policy.  

15. SAFEGUARDING THE INFORMATION WE COLLECT

We use reasonable technical, administrative, and physical safeguards in order to protect your Personal Information against accidental loss and from unauthorized access, use, alteration, and disclosure.  However, we can never promise 100% security.  You have a responsibility, as well, to safeguard your information through the proper use and security of any online credentials used to access your Personal Information, such as a username and password.  If you believe your credentials have been compromised, please change your password. Please also notify us immediately of any actual or suspected unauthorized use of the Platform or your information. 

16. CHANGES TO THIS POLICY

This Policy describes our current policies and practices with regard to the information we collect through the Platform. We are continually improving and adding to the features and functionality of the Platform along with the products and services we offer through the Platform. If we make any changes to this Policy, a revised Policy will be posted on this webpage and the date of the change will be reported in the “Last Revised” block above. You can get to this page from any of our webpages by clicking on the “Privacy Policy” link (usually at the bottom of the screen).

17. HOW TO CONTACT US

We value your opinions and welcome your feedback.  To contact us about this Policy or your Personal Information, please contact us at privacy@Oaken.ag or Oaken, Inc., 830 Massachusetts Ave Ste 1500, Indianapolis, IN 46204, Attn: Data Privacy.