(Last updated November 10, 2021)
This Privacy Policy sets forth our policies with respect to information and data including personally identifiable data ("Personal Data") and other information that is collected from you when using the Bushel app or Services, pursuant to your relationship with The Scoular Company (and its ScoularView app (“Scoular”).
This Privacy Policy is a part of the Agreement also containing the Bushel Software License and Terms of Use, and each of the terms defined therein shall apply to this Privacy Policy, including without limitation, that the terms “we,” “us,” and “our” may refer to Scoular and Myriad jointly or singularly, depending on the context of the term. In the case of any ambiguity, the construct shall default to Scoular and Myriad jointly. “Myriad” refers to Myriad Mobile, LLC, a North Dakota limited liability company, and “Scoular” refers to The Scoular Company, LLC, a Delaware limited liability company. For purposes of clarity, please note that the Bushel app, as in this case where it is being licensed to Scoular, also includes Scoular branding, and may be referred to interchangeably as the ScoularView app. For purposes of these Software License and Terms of Use, the ScoularView app and the Bushel app will be referred to as the “Bushel app.” By consenting to the Agreement, or by using the Bushel app or the Services, you consent to and accept this Privacy Policy and allow collection and use of information and data, including your Personal Data in accordance with this Privacy Policy.
INFORMATION WE COLLECT
When you interact with Myriad and/or Scoular through your use of the Bushel app or the Services, we may collect Personal Data and other information and data from you, as further described below:
Personal Data That You Provide Through the Services. Myriad and/or Scoular collect Personal Data from you when you voluntarily choose to provide such information, including without limitation, when you contact us with inquiries, respond to one of our surveys, register for access to the Services, use the Services, or authorize us to access data from third-party platforms. Myriad also may receive your Personal Data from our grain elevator partners, including Scoular, with whom you have a contractual relationship. By voluntarily providing us or our partners or affiliates with Personal Data, including through your use of the Services, you are consenting to our use of it in accordance with this Privacy Policy. If you provide Personal Data through the Services, you acknowledge and agree that such Personal Data may be transferred from your current location to our offices and servers or those of our affiliates or contractors located in the United States and other countries.
OTHER INFORMATION:
Non-Identifiable Data. When you utilize the Services, or if you deposit grain with Scoular, Myriad and/or Scoular may receive certain personally non-identifiable information about your business and use of the Services. Such information, which may be collected passively using various technologies, or via your use of the Services, cannot presently be used to specifically identify you. We may store such information ourselves or it may be included in databases owned and maintained by our affiliates, agents or service providers. We may use such information and pool it with other information to track, for example, the total number of visitors to the Services, the number of visitors to each page of the Services, and the domain names of our visitors' Internet service providers. It is important to note that no Personal Data is available or used in this process.
Aggregated and De-Identified Data. In an ongoing effort to better understand and serve the users of the Services, Myriad and/or Scoular may review, analyze and conduct research on our end users’ demographics, business operations, performance, and behavior based on the Personal Data and other information and data provided to us. This research may be compiled, analyzed, reported or published on an aggregate basis, and we may share this aggregated data with our affiliates, agents, business partners, or other third parties in a variety of ways. This aggregate information does not identify you personally, it is de-identified. De-identified data means data that is not associated with or linked to any personally identifiable data and would not, by itself or in combination with other data, permit the identification of individual persons. When we provide this information, we perform appropriate procedures so that the data does not identify you and we contractually prohibit recipients of the data from re-identifying it back to you. We may also disclose aggregated user statistics in order to describe the Services to current and prospective business partners, and to other third parties for other lawful purposes.
You acknowledge and agree that the non-identifiable data, aggregated data, and de-identified data created and/or collected by Myriad and/or Scoular, its affiliates, contractors or agents, and any resulting reports or publications is not your confidential information and is owned by Myriad and/or Scoular.
Third-Party Information. Myriad’s and/or Scoular’s Services may rely on third-party platforms, including without limitation, and by way of example only, Facebook or Twitter, in order to provide both authentication and social networking features. When you initially login to the Services using a third-party platform, you are asked to grant us permission to access certain data from such service (“Third-Party Information”). We use Third-Party Information in order to provide the Services both to you and other Users. We may share Third-Party Information with Users of the Services in order to provide certain features or functionality. The Third-Party Information we collect and use is limited to that information you have explicitly authorized us to access.
OUR USE OF YOUR PERSONAL DATA AND OTHER INFORMATION
Myriad and/or Scoular will use the Personal Data you provide in a manner that is consistent with this Privacy Policy. Additionally, if you provide Personal Data to us for a certain reason, we may use the Personal Data in connection with the reason for which it was provided. For instance, if you contact us by email, we will use the Personal Data you provide to answer your question or resolve your problem. Also, if you provide Personal Data in order to obtain access to the Services, we will use your Personal Data to provide access to such Services and to monitor your use of such Services. We may also use your Personal Data and other personally non-identifiable information collected through the Services to help us improve the content and functionality of the Services, to better understand our Users and to improve the Services. We may use this information to contact you in the future to tell you about services we believe will be of interest to you.
We may aggregate data and remove information that identifies you from any or all of the information that we collect from you, and we may use such aggregated and/or de-identified data for our business purposes as we determine, including without limitation, research and development, product improvements, business operations and process improvements, and our own marketing purposes. We may also provide de-identified data to third parties for their uses, as we determine.
We may use third party analytics services (“Analytics Services”), to help analyze how Users use the Bushel app and our Services. The information collected would be transmitted to the Analytics Services, which would compile reports on user activity. These Analytics Services could be required to transfer the information collected to third parties if required to do so by law, regulation or court order, or to third parties for processing on their behalf. The use of this analytics information by each party providing Analytics Services is governed by the terms of use and privacy policies of each such provider. By using our Bushel app and Services, you consent to the processing of data about you by the providers of Analytics Services in the manner and for the purposes set out above.
We will communicate with you through email and notices posted via the Bushel app. These communications may include a series of welcome emails which help inform you about various features of the Services. Please be aware that you will always receive certain emails from us related to the proper functioning of your account. We may send you promotional information unless you have opted out of receiving such information.
OUR DISCLOSURE OF YOUR PERSONAL DATA AND OTHER INFORMATION
In addition to the foregoing, there are certain other circumstances in which Myriad and/or Scoular may share your Personal Data with certain third parties without further notice to you, including as set forth below:
Business Transfers: As Myriad and/or Scoular develop our business, we might sell or buy businesses or assets. In the event of a sale, merger, reorganization, dissolution or similar event relating to all or a portion of our business, assets or the Services, Personal Data may be part of the transferred assets.
Service Providers, Agents and Related Third Parties: Myriad and/or Scoular sometimes hire other companies to perform certain business-related functions. Examples include mailing information, maintaining databases and processing payments. When we employ another company to perform a function of this nature, we may need to provide them with access to certain Personal Data. However, we only provide them with the information that they need to perform their specific function.
Legal Requirements: Myriad and/or Scoular may also disclose your Personal Data if required to do so by law or in the good faith belief that such action is necessary to (i) comply with a legal obligation, (ii) protect and defend our rights or property, (iii) act in urgent circumstances to protect the personal safety, rights, and property of Users of the Services or the public, or (iv) protect against legal liability.
YOUR CHOICES
You can use the Services without providing any Personal Data, however, you may not be able to use certain features or aspects of the Services.
When you sign up for our Services that require registration, Myriad and/or Scoular ask you to provide Personal Data. If we want to use this Personal Data in a manner different than the purpose for which it was collected, we will ask for your consent prior to doing so. If we propose to use Personal Data for any purposes other than those described in this Policy and/or in the specific notice of Services, we will offer you an effective way to opt out of our use of your Personal Data for those other purposes.
EXCLUSIONS
This Privacy Policy shall not apply to any unsolicited information you provide to Myriad and/or Scoular through the Services or through any other means. This includes, but is not limited to, information posted to any public areas of the Services, such as bulletin boards, any ideas for new products or modifications to existing services, and other unsolicited submissions (collectively, "Unsolicited Information"), including all User Content that by its nature is accessible or intended to be accessible to other users of the Services. All such Unsolicited Information shall be deemed to be non-confidential and we shall be free to reproduce, use, disclose, and distribute such Unsolicited Information to others without limitation or attribution. Please also note that any Personal Data or other information you provide, including by authorizing us to access third-party services, such as Facebook or Twitter, to be displayed in your publicly available online profile will be displayed for others to see and thus will not be subject to the terms of this Privacy Policy. We cannot and will not be responsible for what third parties do with any Personal Data or other information that you voluntarily choose to make publicly available. As such, we advise that you exercise great care in determining what information you choose to make publicly available through the Services.
Children. Children under the age of 13 are not permitted to use the Bushel app or Services. Therefore, Myriad and/or Scoular do not knowingly collect Personal Data from children under the age of 13 and do not target the Services to children under 13. If you are under 13 years old, please do not submit any Personal Data through the Bushel app or Services. We encourage parents and legal guardians to monitor their children's Internet usage and to help enforce our Privacy Policy by instructing their children to never provide Personal Data without their parents’ permission. If you have reason to believe that a child under the age of 13 has provided Personal Data to us through the Bushel app or Services, please contact us, and we will endeavor to delete that information from our databases.
LINKS TO OTHER WEBSITES
This Privacy Policy applies only to the Bushel app and Services, which may frame or contain references or links to other websites not operated or controlled by us (the "Third-Party Sites"). The policies and procedures we described here do not apply to the Third-Party Sites. Any links from the Bushel app or Services do not imply our review or endorsement of the Third-Party Sites or their privacy policies. We suggest contacting the providers of such Third-Party Sites directly for information on their privacy policies and use and disclosure of information.
SECURITY
Myriad and/or Scoular take reasonable steps to protect the Personal Data provided via the Bushel app or Services from loss, misuse, and unauthorized access, disclosure, alteration, or destruction. These steps include internal reviews of our data collection, storage and processing practices and security measures, as well as physical security measures to guard against unauthorized access to systems where we store Personal Data. However, no Internet or email transmission is ever fully secure or error free. In particular, email sent to or from the Bushel app or Services may not be secure. Therefore, you should take special care in deciding what information you send to us via email. Please keep this in mind when disclosing any Personal Data to us via the Internet.
DATA INTEGRITY AND ACCESS
Myriad and/or Scoular process Personal Data only for the purposes for which it was collected and in accordance with this Privacy Policy or any applicable service-specific privacy notice. We review our data collection, storage and processing practices to ensure that we only collect, store and process the Personal Data needed to provide or improve our Services. We take reasonable steps to ensure that the Personal Data we process is accurate, complete, and current, but we depend on our Users to update or correct their Personal Data whenever necessary. Through the Services, we provide you with the ability to update your profile and revise Personal Data previously submitted through the Services.
ENFORCEMENT
Myriad and/or Scoular regularly review our compliance with this Privacy Policy. Please feel free to direct any questions or concerns regarding this Privacy Policy or our treatment of Personal Data by contacting us through our website or the Services. When we receive formal written complaints, it is our policy to contact the complainant regarding his or her concerns.
CHANGES TO OUR PRIVACY POLICY
The Bushel app or Services may change from time to time. As a result, at times it may be necessary for Myriad to make changes to this Privacy Policy. Accordingly, Myriad reserves the right to update or modify this Privacy Policy at any time and from time to time without prior notice. Please review this policy periodically, and especially before you provide any Personal Data. This Privacy Policy was last updated on the date indicated above. Your continued use of the Bushel app and Services after any changes or revisions to this Privacy Policy shall indicate your agreement with the terms of such revised Privacy Policy.
CONTACTING US
If you have any additional questions or concerns about this Privacy Policy or Myriad’s or Scoular’s information practices, please feel free to contact us at any time through the contact mechanisms of the Bushel app or Services.