Effective Date: July 18, 2021
Netafim Ltd., including our subsidiaries and affiliates worldwide (“Netafim”, “we”, “our” or “us”), puts great efforts in making sure that the personal data we process is safe and used properly, and that our data practices are properly communicated to our customers and data subjects.
(i) Prospect data concerning our prospective customers, dealers, distributors or visitors who visit or engage with our websites (such as www.bbylw.com and its subdomains depending on your location), our apps, online ads and content, emails or other communications under our control (collectively, the “Sites”), or participate in events or webinars that we organize or take part in (collectively, “Prospects”).
(ii) User data concerning individual farmers or direct customers (“Users”) who use Netafim’s digital farming and irrigation products or services, or its SaaS and/or e-commerce platforms and related solutions (together with the Sites – the “Services”) either directly themselves or through our authorized distributors who are using our platforms to promote, sell and distribute Netafim’s Services.
(iii) Distributor data concerning dealers or distributors including their authorized representatives (“Distributors”) who use or otherwise promote the Services in their engagements with Users on behalf of Netafim.
You are not legally required to provide us with any personal data, and may do so (or avoid doing so) at your own free will. If you do not wish to provide us with your personal data, or to have it processed by us or any of our service providers (per Section 5 below), then we suggest that you avoid using our Services.
Netafim processes data regarding our Prospects, Users or Distributors (“you” or “your”). Such data is typically collected and generated through automatic means, directly from you, through your interaction with us or with our Services; or through third-party services, social media, analytics / statistical tools, events we organize or take part in, and other business initiatives.
(i) Prospect Data
(ii) User Data
(iii) Distributor Data
(iv) Additional Data collected across Prospects, Users and Distributors
Netafim processes the personal data described in Section 1 as necessary for the performance of our Services; to comply with our legal and contractual obligations; and to support our legitimate interests in maintaining, improving and advertising our Services. These include understanding how our Services are used, and how our Services, campaigns and other activities are performing; gaining insights which help us dedicate our resources and efforts more efficiently; marketing, advertising and selling our Services; providing customer service and technical support; and protecting and securing our Services, ourselves and the organizations and individuals we engage with.
Specifically, we use your personal data, for the following purposes:
We and our authorized service providers (as detailed in Section 5 below) maintain, store and process personal data in the various locations we operate around the globe as reasonably necessary for the proper performance and delivery of our Services, or as may be required by law.
We retain your personal data for as long as it is reasonably necessary to provide our Services; to maintain and expand our relationship and provide you with our Services and offerings; to comply with our legal and contractual obligations; or to protect ourselves from any potential disputes (e.g. as required by laws applicable to log-keeping, records and bookkeeping, and in order to have proof and evidence concerning our relationship, should any legal issues arise following your discontinuance of use), all in accordance with applicable laws and regulations, and where applicable, also in accordance with our Distributor’s relationship with you.
Please note that except as required by applicable law or our specific agreements with you, we will not be obligated to retain your personal data for any particular period, and we are free to securely delete it or restrict access to it for any reason and at any time, with or without notice to you. If you have any questions about our data retention policy, please contact us by e-mail at email@example.com.
Legal Compliance: in exceptional circumstances, we may disclose or allow government and law enforcement officials access to your personal information, in response to a subpoena, search warrant or court order (or similar requirement), or in compliance with applicable laws and regulations, with or without notice to you. Such disclosure or access may occur if we believe in good faith that: (a) we are legally compelled to do so; (b) disclosure is appropriate in connection with efforts to investigate, prevent, or take action regarding actual or suspected illegal activity, or other wrongdoing; or (c) such disclosure is required to protect our legitimate business interests, including the security or integrity of our products and Services.
Service Providers: we may engage selected third-party companies and individuals to perform services complementary to our own. Such Service Providers include hosting and server co-location services, communications and content delivery networks (CDNs), internet service providers, operating systems and platform, identity management and authentication services, data analytics services, marketing and advertising services, data and cyber security services, fraud detection and prevention services, billing and payment processing services, web analytics, e-mail and SMS distribution and monitoring services, session or activity recording services, remote access services, performance measurement, data optimization services, social and advertising networks, content providers, support and customer relation management systems, service providers that help us verify your identity and help us comply with our legal and regulatory obligations to screen and monitor transactions; and our business, legal, financial and compliance advisors (collectively, “Service Providers“). These Service Providers may have access to your personal data, depending on each of their specific roles and purposes in facilitating, supporting and enhancing our Services, and may only use it for such purposes.
Sharing Data with our Distributors and Users: Distributer data and User data may be shared with the administrator or other users of that specific account (unless you are using the Services independently (e.g., not through a Distributor and where you are the sole employee of a company in which case this will not apply). In cases of data sharing, this means that the administrator or users of the account may have access, and will be able to monitor, process and analyze the personal data contained therein. This includes instances where you may contact Netafim for help in resolving an issue specific to you or your company. Please note that Netafim is not responsible for, and does not control any further disclosure, use or monitoring by or on behalf of a Distributor, that itself acts as the Data Controller of such data (as further described in Section 10 below).
Protecting Rights and Safety: we may share personal data with others if we believe in good faith that this will help protect the rights, property or personal safety of Netafim, any of our Distributors, our Users, our Prospects, or any members of the general public.
Additional Sharing: Netafim may share your personal data in additional manners, pursuant to your explicit approval, or if we are legally obligated to do so, or if we have successfully rendered such data non-personal, non-identifiable and anonymous. We may transfer, share or otherwise use non-personal and non-identifiable data at our sole discretion and without the need for further approval.
Cookies: cookies are small text files that are stored through the browser on your computer or mobile device (for example, Google Chrome or Safari) when you visit a website. Some cookies are removed when you close your browser session - these are the “Session Cookies”. Some last for longer periods and are called “Persistent Cookies”. We use both types of cookies to facilitate the use of the Services’ features and tools. Whilst we do not change our practices in response to a “Do Not Track” signal in the HTTP header from a browser or mobile application, you can manage your cookies preferences, including whether or not to accept them and how to remove them, through your browser settings. Please bear in mind that disabling cookies may complicate or even prevent you from using the Services. For more information regarding cookies, you may find the following websites useful: www.allaboutcookies.org, www.youronlinechoices.co.uk.
Please note that when you get a new computer, install a new browser, erase or otherwise alter your browser’s cookie file (including upgrading certain browsers), you may also clear the opt-out cookies installed once you opt-out, so an additional opt-out will be necessary to prevent additional tracking.
We engage in service and promotional communications, through e-mail, phone, SMS and notifications.
Service Communications: we may contact you with important information regarding our Services. For example, we may send you notifications (through any of the means available to us) of changes or updates to our Services, billing issues, payment issues, login attempts or password reset instructions, etc. Our Distributors may also send their Users on the same Distributor account notifications, messages and other updates regarding your use of the Services.
Notifications and Promotional Communications: we and our authorized partners (e.g., event or webinar co-sponsors) may also notify you about new features, additional offerings, events, webinars, special opportunities or any other information we think you will find valuable. We may provide such notices through any of the contact means available to us (e.g., SMS, phone, mobile or e-mail), through the Services, or through our marketing campaigns on any other sites or platforms.
You can typically control your communications and notifications settings from any of your Netafim profile settings, or otherwise by following the instructions included in the communications sent to you. If you do not wish to receive promotional communications, you may also notify Netafim by sending an e-mail to: firstname.lastname@example.org.
We and our hosting services implement systems, applications and procedures to secure your personal data, to minimize the risks of theft, damage, loss of information, or unauthorized access or use of information. These measures provide sound industry-standard security, however, although we make efforts to protect your privacy and data, we cannot and do not guarantee the absolute protection and security of any personal data stored with us or with any third-parties.
Individuals have rights concerning their Personal Data. If you wish to exercise your privacy rights under any applicable law, including the EU General Data Protection Regulation (GDPR) or the California Consumer Privacy Act (CCPA), such as the right to request access, rectification or erasure of your Personal Data held with Netafim, or to restrict or object to such Personal Data’s processing, or to port such Personal Data, or the right to equal services and prices (each to the extent available to you under the laws which apply to you) – please contact us by e-mail at: email@example.com.
Please note that such rights are not absolute. There are instances where applicable law or regulatory requirements allow or require us to refuse to provide some or all of the personal data that we hold about you. In the event that we cannot accommodate your request, we will inform you of the reasons why, subject to any legal or regulatory restrictions.
Please also note that we may require additional information, including certain personal data, in order to authenticate and process your request. Such additional information may be then retained by us for legal purposes (e.g., as proof of the identity of the person submitting the request), in accordance with Section 4 above. We may redact from the data which we will make available to you, any personal data related to others.
Certain data protection laws and regulations, such as the GDPR and the CCPA, typically distinguish between two main roles for parties processing personal data: the “Data Controller” or “Business”, who determines the purposes and means of processing; and the “Data Processor” or “Service Provider”, who processes the data on behalf of the Data Controller. Below we explain how these roles apply to our Services, to the extent that such laws and regulations apply.
Netafim is the Data Controller of its Users data except for certain cases in which it will assume the position of Data Processor of such data. In most cases, User data is processed by Netafim for our own purposes (as described in Section 2 above), as an independent ‘controller’; however, there may be other aspects of Users’ data which will be processed by us on our Distributor’s behalf because Users are offered and purchase our Services independently through the Distributor.
In such rare cases, Netafim processes Users personal data strictly in accordance with such Distributor’s reasonable instructions. If this scenario is applicable to you, please turn to the relevant Netafim Distributor for further requests or queries about the data that is processed.
Our Services are not designed to attract children under the age of 16: we do not knowingly collect personal data from children and do not wish to do so. If we learn that a person under the age of 16 is using the Services, we will attempt to prohibit and block such use and will make our best efforts to promptly delete any personal data stored with us with regard to such child. If you believe that we might have any such data, please contact us by e-mail at firstname.lastname@example.org.
EU and UK Representatives: Netafim Netherlands B.V (our Dutch subsidiary) and Netafim UK Ltd. (our UK subsidiary) have been designated as Netafim’s representatives in the European Union and the United Kingdom, respectively, for data protection matters. Netafim Netherlands B.V and Netafim UK Ltd. may be contacted only on matters related to the processing of Personal Data. To make such an inquiry, please send an email to email@example.com while stating the relevant entity you would like to contact. If you are a GDPR-protected individual, you also have the right to lodge a complaint with an EU supervisory authority or the UK Information Commissioner's Office (ICO).