Sunshine Quality Solutions, LLC. – Privacy and Data Policy
Effective Date: 10/04/2016
The following Privacy and Data Policy (“Policy”) discloses the Privacy and data use practices of SUNSHINE QUALITY SOLUTIONS, LLC. (“us,” “we,” or “our”) for ALL DATA OR INFORMATION WHICH WE receive From you, either DIRECTLY OR THROUGH A THIRD PARTY, including, without limitation, in person or by phone at our retail locations or through WEBSITEs, APPLICATIONS, EQUIPMENT, devices or the provision of PRODUCTS OR services to you. We created this Policy to communicate OUR privacy and data policies to each of our CUSTOMERs (collectively a “Customer,” “you” OR “your”) WITH RESPECT TO YOUR INFORMATION.
- What and How Information is Collected
We collect and share both your Customer Data and Machine Data (collectively “Data”) as described in this Policy.
- Customer Data. To purchase, access, receive, download, upload or use goods or services from us, you may be required to create an account with us, John Deere or another equipment supplier and/or provide various information, which may include personally identifying information (collectively, “Customer Data”). Personally identifying information is information that can be used to identify, locate or contact you. If you have a user account with us then you are responsible for maintaining the confidentiality of your user name and password and all uses of your account and password. You agree to immediately notify us of any unauthorized use of your account. If a Customer directly or indirectly communicates with us by e-mail, posts or uploads content or information to a website or application to which we are provided access or otherwise completes online forms, any information provided in such communication will also be collected by us as Customer Data (or Machine Data, as applicable). Data may be collected by us directly from you or your equipment or it may be delivered to us by third parties if you authorize such access be provided by the third party (such as through the JD LinkTM Telematics system for John Deere Equipment). By providing Customer Data directly to us or granting us access to Customer Data from a third party, you grant us a royalty-free, non-exclusive, perpetual license to use such Customer Data in accordance with this Policy.
Customer Data may consist of the following types of information:
Personal Data. Personal Data includes your name, user name, mailing address, e-mail address, phone number, zip code, social security number and similar personal information. We use Personal Data to send Customers e-mail, written or other forms of communications regarding:
- Goods or services requested or purchased by Customers;
- Promotional or informational materials about our company, affiliates and/or third parties with whom we conduct business and the related goods and services provided by such businesses;
- Machine-specific information to participating Customers; and
- Updates, advertisements, offers and announcements relating to the goods and services of our company, affiliates and/or third parties with whom we conduct business.
You consent to receive communications from us electronically, but have the ability to opt-out of receiving future e-mails of the type described in (ii)-(iv) by contacting us at the following e-mail address email@example.com or changing your account preferences, if applicable. Notwithstanding anything to the contrary in this Policy, we may communicate with each Customer by e-mail if such e-mail communication is sent for the purpose of protecting the interests of Customer, including any Customer Data, property or other data, or to provide Customer with any notification or disclosure that may be required under applicable law or our Policy. Accordingly, as a Customer, you agree that all communications, disclosures, and notices sent to you by e-mail satisfy any requirement that notice be provided in writing.
Transaction and Demographic Data. We collect transaction information about your purchases, inquiries and customer accounts to fulfill orders or for our general business needs, including maintenance and warranty services. We also may collect general demographic or preference data regarding your interests, goals or needs to understand who you are and what products and services may interest you or meet your needs.
Financial Data. We may collect financial information from you to complete purchases of goods or services, such as credit card information or your billing address. If you purchase products for personal, family, or household use through financing that is provided by us or facilitated by us, then you have the right to request that we not share any of your personal information derived from that transaction with unaffiliated third parties outside of the requirements to complete your requested transaction by submitting the opt-out form attached to the bottom of this Privacy and Data Use Policy. We may also assist you in applying for financing with certain third parties or engage in direct financing with you. We may report information about your account to credit bureaus. Late payments, missed payments, or other defaults on your account may be reflected in your credit report.
- Machine Data. Machine Data includes information that is generated by, collected by or stored on your equipment or any hardware or device interfacing with your equipment, and may be provided directly through such equipment, hardware or device or indirectly when reported to us through you or a third party (collectively, “Machine Data”). Machine Data includes, without limitation, the following data, which we may track, collect, receive and use in accordance with this Policy:
- Technical information including IP addresses, persistent identifiers, statistical utilization, transmission and access methods and sources, and preference information that is collected by cookies, web beacons, or other similar device based collection technologies. This may include any search that led you to our website, your connection speed or type, and your browser or device information. You may block all cookies by following the instructions applicable to your browser at http://www.aboutcookies.org/page-1;
- Equipment use history including fuel usage, number of engine hours, diagnostic data, software and hardware version numbers, geolocation data, and other equipment data; and
- Agronomic information including plant, chemical and fertilizer application rates, recorded yields, soil types and moisture levels, and similar crop or field based information.
Machine Data may be collected by us directly from you or your equipment or it may be delivered to us by third parties if you authorize or allow such delivery or access from the third party (such as through the JD LinkTM Telematics system for John Deere Equipment). By providing Customer Data directly to us or granting us access to Machine Data from a third party, you grant us a royalty-free, non-exclusive, perpetual license to use such Machine Data in accordance with this Policy. We are not liable for any errors, omissions, interception, loss of data, lack of capacity, lack of coverage or lack of availability, or other errors related to the transmission of any Machine Data by any third party.
You agree that you WILL clearly and conspicuously notify any affected personnel that the Machine Data is continuously monitored and delivered, including potentially personal and location data, and that you will obtain all necessary consents and approvals from your personnel as required by applicable law to collect and provide such data to us.
- Confidentiality, Security and Storage of Data
Except as otherwise provided in this Policy, we will keep all of your Data that personally identifies you (e.g., your name and address) as private and will not share it with third parties, unless such disclosure is necessary to:
- Comply with a law (or based upon our good-faith belief that disclosure is necessary to comply with a law);
- Protect our rights or property; or
- Enforce this Policy or any of our other policies and guidelines.
We may also share your Data as provided below, when required by a third party through whom you authorized or allowed Data to be transmitted to us or when otherwise authorized or requested by you.
We will not sell your Data to third parties except in the case of a sale of substantially all of our business or assets or the business or assets of one or more of our locations or business divisions or as otherwise permitted below with respect to aggregate Data. We may permanently delete or destroy any and all Data at any time as determined by us. We use a variety of commercially reasonable security technologies to help protect your Data from unauthorized access, use, or disclosure. However, the use of such security technologies is not, and should not be considered to be, any type of guarantee or warranty by us that your Data will not be accessed by third parties, or that we will use all available security technologies to prevent unauthorized access to, use, or disclosure of your personally identifying information.
- Sharing and Use of Information
We share your Data with our affiliates, suppliers, vendors, and/or their agents and employees as we deem necessary for the provision of goods and services to you. Specifically, we may share your Data: (i) with third parties assisting us in the provision, administration, and management of goods and services generally; (ii) with third parties that assist us in providing goods and services that you request; (iii) with third parties that support our business operations or provide marketing or advertising services on our behalf, including marketing, technical, accounting, legal or other professionals; and (iv) as otherwise permitted by law or approved by you. We may use your Data for our general business operations and goods and services provided by us if it is in a form that is not capable of being personally identified with you or if it is combined with Data from one or more other customers in aggregate form that does not personally identify any particular customer. We may also sell, license or otherwise provide such de-identified or aggregated data to third parties.
While we use commercially reasonable efforts to safeguard your Data when transmitted to third parties, we do not warrant that your Data will be transmitted without unauthorized interception or modification or that your Data will not be accessed or compromised by unauthorized third parties.
- Collection of Your Information by Third-Party websites
- Updates and Changes to Policy
We reserve the right, at any time and without notice, to add to, change, update, or modify this Policy by posting such addition, change, update, or modification on our website. Any such addition, change, update, or modification will be effective immediately upon posting on our website.
- Eligibility; Compliance with Children Privacy Issues
We do not knowingly collect or maintain personally identifiable information from children under the age of 13. If you know of someone using our website that is under the age of 13, please notify us immediately. If we are informed that anyone under the age of 13 is using the website, his or her account will be cancelled and all of his or her information will be deleted from the website as soon as practical.
- How to Contact Us
If you have any questions or concerns about this Policy, or need to request corrections or deletions to the information you have provided to us, then please contact firstname.lastname@example.org or 225-473-9609.
Terms & Conditions
Limitations on Use
Use of any offers or material displayed on the Site is void where prohibited. You may browse the Site, use its applications and features, download and print a single copy of content available, and utilize material displayed on the Site for your personal use only. The Site and its contents may not be used in connection with any commercial endeavors except those that are specifically endorsed or approved by Sunshine Quality Solutions.
You may not remove any copyright, trademark, or other proprietary notices from materials you download, view, or utilize. These limitations apply to all material on the Site, including but not limited to the text, applications, computer code, images, audio, and video. Any use contrary to these limitations is a violation of the intellectual property rights of SUNSHINE QUALITY SOLUTIONS, LLC and/or its contributors.
Proprietary Rights in Content on Site
All content on the Site is the property of SUNSHINE QUALITY SOLUTIONS, LLC and/or its contributors and may not be copied, reproduced, or used in any way except as expressly set forth in these Terms and Conditions.
Limitations on Liability/Exclusion of Warranties
SUNSHINE QUALITY SOLUTIONS, LLC has not reviewed any sites linked to the Site and is not responsible for the content, accuracy, or opinions of any off-Site pages or any sites linked to the Site. Any offers, products, or services offered to you through links to the Site are provided by third parties, SUNSHINE QUALITY SOLUTIONS, LLC. SUNSHINE QUALITY SOLUTIONS, LLC does not endorse any third-party sites or any offers available through any such sites. Your access to and use of the Site, including your linking to any other off-Site pages or other sites, are at your own risk. Inclusion of any linked website on SUNSHINE QUALITY SOLUTIONS, LLC does not imply approval or endorsement of the linked website by the SUNSHINE QUALITY SOLUTIONS, LLC. SUNSHINE QUALITY SOLUTIONS, LLC uses reasonable efforts to include accurate and up-to-date information on the Site, but makes no warranties as to its accuracy. SUNSHINE QUALITY SOLUTIONS, LLC has no responsibility for any transactions and communications between you and any third party, including but not limited to any personal information you may choose to provide to any third party.
SUNSHINE QUALITY SOLUTIONS, LLC shall not be liable for any direct, indirect, incidental, consequential, or punitive or other damages or losses of any kind whatsoever arising out of your access to, or use of, the Site, including but not limited to any failure of performance, error, omission, interruption, defect, or computer virus, or the deletion, failure to store, misdelivery of, or unavailability of any information, material, products, services, applications, or features even if advised of the possibility of such damages or losses. SUNSHINE QUALITY SOLUTIONS, LLC maximum liability to you for all claims, including but not limited to negligence, shall in no event exceed the amount you have paid SUNSHINE QUALITY SOLUTIONS, LLC for use of this Site. By using the Site, you agree to release and hold harmless SUNSHINE QUALITY SOLUTIONS, LLC, its affiliates, officers, directors, members, and employees from any and all claims, demands, damages, costs, and expenses of any kind whatsoever relating in any way to use of the Site or any materials downloaded from this Site.
EVERYTHING ON THE SITE IS PROVIDED "AS IS" WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT. WITHOUT LIMITING THE FOREGOING, THE COMPANY DISCLAIMS ANY WARRANTIES FOR THE SECURITY, RELIABILITY, TIMELINESS, AND PERFORMANCE OF ANY PRODUCTS, OFFERS, SERVICES, FEATURES, OR INFORMATION ON THE SITE, AS WELL AS FOR ANY SUCH ITEMS OR OTHER CONTENT AVAILABLE THROUGH ANY LINKS TO THE SITE.
Some jurisdictions do not allow the exclusion of implied warranties or certain forms of damages, so some of the above exclusions may not apply to you.
The trademarks, logos, and service marks (collectively the "Trademarks") displayed on the Site, are the Trademarks of SUNSHINE QUALITY SOLUTIONS, LLC, except as otherwise noted. All other Trademarks, publicity rights, and other rights are the property of their respective owners. You do not have any license or right, by implication, estoppel, or otherwise, to use any Trademarks, image, or other material displayed on the Site without the written permission of SUNSHINE QUALITY SOLUTIONS, LLC or any third party that may own the relevant Trademarks or material.
Intellectual Property Infringement Claims
SUNSHINE QUALITY SOLUTIONS, LLC will respond as quickly as practical to any claims that infringing material appears on the Site, including investigating any such claims and taking any appropriate action under applicable laws. If we receive a notice of infringement in accordance with the Digital Millennium Copyright Act (the "Act"), we will take steps to remove or disable access to the allegedly infringing material, including any links thereto. We may terminate access for any person who is a repeat infringer. Notices of alleged infringement should be sent to:
SUNSHINE QUALITY SOLUTIONS, LLC
P.O. Box 429
Donaldsonville, LA 70346
If we remove or disable access to any allegedly infringing material, we may attempt to contact the person who has posted that material to give that person a chance to respond. If there is a response, we will share it with the party who originally complained about the alleged infringement, and will give that party an opportunity to seek a court order or other judicial relief in accordance with the Act before we replace or restore access to the allegedly infringing material.
SUNSHINE QUALITY SOLUTIONS, LLC reserves the right to pursue any and all legal and equitable remedies against anyone violating these Terms and Conditions, including but not limited to terminating access to the Site. Any failure by SUNSHINE QUALITY SOLUTIONS, LLC to enforce any of its rights hereunder shall not be deemed a waiver of such rights or of any other rights.
These Terms and Conditions are accepted upon your use of the Site. These Terms and Conditions operate to the fullest extent permissible by law. These Terms and Conditions are governed by the laws of the State of Louisiana, without regard to principles of the conflicts of laws, and may not be modified except as expressly stated herein. Any disputes relating hereto or to any use of this Site shall be resolved exclusively in the State or Federal Courts located in East Baton Rouge Parish in the State of Louisiana. You and SUNSHINE QUALITY SOLUTIONS, LLC both consent to the jurisdiction of such courts for any such disputes. If any provision of these Terms and Conditions is unlawful, void, or unenforceable, that provision is deemed severable from this Agreement and does not affect the validity and enforceability of any remaining provisions