Observant Website Privacy Policy

April 2024

Introduction

This Privacy Policy (“Policy”) explains how Observant (“Observant” or “we”, “us”, “our”) process personal information when you engage us through our website, https://observant.net/ (including subdomains depending on your geographical location (the “Website”).

We are committed to complying with applicable data protection laws, including the EU and the UK General Data Protection Regulation (GDPR), the California Consumer Privacy Act and the California Privacy Rights Act (CCPA).

The Website is not intended for users under the age of 18. We do not knowingly collect information or data from children under the age of 18 or knowingly allow minors under the age of 18 to use the Website.

This Policy may be amended from time to time. We will post any change to this Policy on our Website at a reasonable time in advance of the effective date of the change, and we will also make efforts to proactively notify you by email of the changes if we have your email address.

Contact us

If you have any questions, comments or concerns regarding this Policy or our processing of your personal information, please contact us at helpdesk@observant.net.

What we collect and why

Scenario	Purposes	Categories of information processed
Subscribing to our newsletters	Providing you with the newsletter you requested, such as information about our latest innovations and updates in the irrigation field	Mobile phone number, email address, full name
Consent to use your information for marketing purposes	Contacting you with our latest offers and innovations, subject to your consent	Full name, mobile phone number, email address, title, company name, farm size, irrigation system installation time, geo-location (user entered)
Contacting us with an inquiry through our email or our online contact form	Responding to your inquiry, our business development	Full name, geo-location (user-entered), email address, mobile phone number, title, company name, farm size, irrigation system installation time; the subject of your inquiry and the text of your message
When you provide us with your feedback and reviews	Responding to your feedback and reviews, our business development	Full name, geo-location (user-entered), email address, mobile phone number, title, company name, farm size, irrigation system installation time, and the feedback or review.
Use of cookies on the Website	Facilitate a Website feature that the user specifically requested, Analyze the Website usage to evaluate and improve its performance, improve user experience on the Website, inform and serve personalized ads more relevant to user interests	IP address from which you access the Website, time and date of access, type of device and browser used, language used, links clicked via a mouse or a touch screen, and actions taken while using the Website
Subscribing to our service	Open an account in the Observant App for a free trial or full subscription.	Name, email, phone, field geo-location (user-entered), and basic details about the field (crop, planting or bud-break date, irrigation system)

You do not have a legal obligation to provide the information that we request. However, if you choose not to provide this information to us, we may not be able to process your feedback, respond to your inquiry and provide you with our newsletter, and you may not be able to use some of our Website’s functionalities.

Methods and sources for collecting your personal information

We collect the personal information from several sources:

When provided to us through our Email; Online contact form; subscription to our service
From service providers helping us to operate the Website.
Through the device you use to access our Website, including through third party cookies and analytics tools, such as our Internal analytics services, Google Analytics, Facebook Ads, Linkedin, Tiktok, Cloudflare, Vimeo, Zoho, salesforce, Zendesk etc.

Sharing your personal information

We will not share your information with third parties, except in the events listed below or when you provide us your explicit and informed consent.

Scenario	Purposes	Third parties involved
We will share your information with our service providers who assist us with the internal operations of the Website. These companies are authorized to use your personal information in this context only as necessary to provide these services to us and not for their own promotional purposes	Operating the Website and our business	Google Analytics, Google Ads, Facebook Ads, Microsoft Bing Ads, X (former Twitter) Ads, Linkedin, Cloudflare, Vimeo, Taboola, Outbrain
If you abused your rights to use the Website or violated any applicable law while doing business with us	Responding to, handling, and mitigating suspected violations of law in connection with our business	Competent authorities, legal counsels, and advisors
If a judicial, governmental, or regulatory authority requires us to disclose your information	Complying with a binding request from a competent authority	Competent authorities
If the operation of the Website or our business is organized within a different framework, or through another legal structure or entity	Enabling a structural change in the operation of the Website and our business	The target entity of the merger or acquisition, legal counsels, and advisors.
With our relevant affiliates	Our legitimate business purpose in the operation our business	JAS/Manna Irrigation/distributors and business partners representing us

Data retention and security

We retain your information for 7 Years, and thereafter as needed for record-keeping matters.

We will retain your information for 7 Years. Thereafter, we will still retain your personal information as necessary to comply with our legal obligations, resolve disputes, establish, and defend legal claims and enforce our agreements.

We implement measures to secure your information.

We implement measures to reduce the risks of damage, loss of information and unauthorized access or use of information. However, these measures do not provide absolute information security. Therefore, although efforts are made to secure your personal information, there is no guarantee that it will be immune from information security risks.

Additional information for individuals in the EU or UK

Controller

Jain Agriculture Services Australia Pty Ltd is the data controller of the personal information collected via the Website

Name

Address

Jain Agriculture Services Australia

Pty Ltd

214-216 Hammond Road, Dandenong South VIC 3175, Australia

International data transfers

To facilitate processing your information through the Website and by our service providers, we will transfer your information to countries outside the EU and UK. We do so under the terms of data transfer agreements which contain standard data protection contract clauses with adequate safeguards determined by the EU Commission and UK Information Commissioner’s Office.

Legal basis for processing your personal data

Purpose or Scenario	Legal Basis
Subscribing to our newsletters	Prior Consent
Contacting you for marketing purposes	Prior Consent
Responding to your inquiry	Our legitimate interests in our business development
When you provide us with your feedback and reviews	Our legitimate interest in developing and enhancing our business and the Website, responding to your feedback or reviews
Use of cookies that facilitate a feature you specifically requested	Our legitimate interests in providing you with the feature you requested
Use of cookies and analytics tools for analytics, marketing etc.	Consent
Responding to, handling, and mitigating suspected violations of law in connection with our business	Legitimate interests in defending and enforcing against violations and breaches that are harmful to our business
Complying with a binding request from a competent authority	Legitimate interests in complying with mandatory legal requirements imposed on us
Enabling a structural change in the operation of the Website and our business	Legitimate interests in our business continuity

Data subject rights

If you are in the EU or the UK, you have the following rights under the GDPR:

Right to Access and receive a copy of your personal information that we process.

Right to Rectify inaccurate personal information we have concerning you and to have incomplete personal information completed.

Right to easily and at any time withdraw your consent to us processing your personal data to email you our newsletters. The withdrawal of consent will not affect the lawfulness of processing based on consent before its withdrawal

Right to easily and at any time withdraw your consent to the use of non-essential cookies on our Website. The withdrawal of consent will not affect the lawfulness of processing based on consent before its withdrawal.

Right to Data Portability, that is, to receive the personal information that you provided to us, in a structured, commonly used, and machine-readable format. You have the right to transmit this data to another person or entity. Where technically feasible, you have the right to have your personal information transmitted directly from us to the person or entity you designate.

Right to Object to our processing of your personal information based on our legitimate interest. However, we may override the objection if we demonstrate compelling legitimate grounds, or if we need to process such personal information for the establishment, exercise, or defense of legal claims.

Right to Restrict us from processing your personal information (except for storing it): (a) if you contest the accuracy of the personal information (in which case the restriction applies only for a period enabling us to determine the accuracy of the personal information); (b) if the processing is unlawful and you prefer to restrict the processing of the personal information rather than requiring the deletion of such data by us; (c) if we no longer need the personal information for the purposes outlined in this Policy, but you require the personal information to establish, exercise or defend legal claims; or (d) if you object to our processing based on our legitimate interest (in which case the restriction applies only for the period enabling us to determine whether our legitimate grounds for processing override yours).

Right to be Forgotten. Under certain circumstances, such as when you object to our processing of your personal information based on our legitimate interest and there are no overriding legitimate grounds for the processing, you have the right to ask us to erase your personal information. However, notwithstanding such a request, we may still process your personal information if it is necessary to comply with our legal obligations, or for the establishment, exercise, or defense of legal claims. If you wish to exercise any of these rights, please contact us through the channels listed in this Policy.

When you contact us, we reserve the right to ask for reasonable evidence to verify your identity before we provide you with information. Where we are not able to provide you with information that you have asked for, we will explain the reason.

Subject to applicable law, you have the right to lodge a complaint with your local data protection authority. If you are in the EU, then according to Article 77 of the GDPR, you can lodge a complaint to the supervisory authority, in the Member State of your residence, place of work or place of alleged infringement of the GDPR. For a list of supervisory authorities in the EU, click here.

If you are in the UK, you can lodge a complaint to the Information Commissioner’s Office (ICO) pursuant to the instructions provided here.

Additional information for individuals in California

If you are an individual residing in California, we provide you with the following information pursuant to the CCPA. This is also the information we have collected in the past 12 months.

We do not sell your personal information and have not done so in the past 12 months. We do not share you personal information for cross-context behavioral advertising.

Categories of personal information (under the CCPA)	Specific types of personal information collected	Business Purposes under the CCPA for which the information is used
Identifiers	Real name, IP address, email address	Auditing related to counting ad impressions to unique visitors, verifying positioning and quality of ad impressions, and auditing compliance with this specification and other standards. Helping to ensure security and integrity to the extent the use of the consumer’s personal information is reasonably necessary and proportionate for these purposes. Debugging to identify and repair errors that impair existing intended functionality. Short-term, transient use, including, but not limited to, non personalized advertising shown as part of a consumer’s current interaction with the business, provided that the consumer’s personal information is not disclosed to another third party and is not used to build a profile about the consumer or otherwise alter the consumer’s experience outside the current interaction with the business. Providing advertising and marketing services, except for cross-context behavioral advertising, to the consumer provided that, for the purpose of advertising and marketing, a service provider or contractor shall not combine the personal information of opted-out consumers that the service provider or contractor receives from, or on behalf of, the business with personal information that the service provider or contractor receives from, or on behalf of, another person or persons or collects from its own interaction with consumers.
Other personal information that identifies, relates to, describes, or is capable of being associated with, a particular individual	Telephone number
Internet or other electronic network activity information	Internet or other electronic network activity information
Geolocation data	Country (User entered)
Professional or employment-related information	Title, company name
Education-related information	CV/Resume data when applying for a job through the Website

Disclosures to third parties

The chart below explains what personal information we disclosed for a business purpose to third parties in the preceding 12 months.

Categories of personal information (under the CCPA)	Categories of third parties to whom we disclose your information and the specific business or commercial purpose for the disclosure
Identifiers	Our service providers, who will use it only as necessary to assist us in the internal operations of our business and the Website, and not for their own promotional purposes. Cookie providers, for the same purposes indicated in the chart above. Competent authorities, legal counsels, and advisors if you abused your rights to use the Website or violated any applicable law in the course of doing business with us. Judicial, governmental, or regulatory authority if they require us to disclose your information. Within our group of relevant affiliates for the operation of our business. Target entity of the merger or acquisition, legal counsels, and advisors If the operation of the Website or our business is organized within a different framework, or through another legal structure or entity.
Internet or other electronic network activity information

Your rights under the CCPA if you are a resident of California

Knowing the personal information we collect about you

You have the right to know:

The categories of personal information we have collected about you.
The categories of sources from which personal information is collected.
Our business or commercial purpose is for collecting personal information.
The categories of third parties with whom we share personal information, if any.
The specific pieces of personal information we have collected about you.

Right to deletion

Subject to certain exceptions set out below, on receipt of a verifiable request from you, we will:

Delete your personal information from our records; and
Direct any service providers to delete your personal information from their records.

Please note that we may not delete your personal information if it is necessary to:

Complete the transaction for which the personal information was collected, fulfill the terms of a written warranty or product recall conducted in accordance with federal law, provide a good or service requested by you, or reasonably anticipated within the context of our ongoing business relationship with you, or otherwise perform a contract between you and us.
Help to ensure security and integrity to the extent the use of the consumer’s personal information is reasonably necessary and proportionate for those purposes.
Debug to identify and repair errors that impair existing intended functionality.
Exercise free speech, ensure the right of another consumer to exercise his or her right of free speech, or exercise another right provided for by law.
Comply with the California Electronic Communications Privacy Act.

Engage in public or peer-reviewed scientific, historical, or statistical research that conforms or adheres to all other applicable ethics and privacy laws, when our deletion of the information is likely to render impossible or seriously impair the ability to complete such research, provided we have obtained your informed consent.
Enable solely internal uses that are reasonably aligned with your expectations based on your relationship with us and compatible with the context in which you provided the information.

Comply with an existing legal obligation.

We also will deny your request to delete if it proves impossible or involves disproportionate effort, or if another exception to the CCPA applies. We will provide you a detailed explanation that includes enough facts to give you a meaningful understanding as to why we cannot comply with the request to delete your information.

Right to correct inaccurate personal information

If we receive a verifiable request from you to correct your information and we determine the accuracy of the corrected information you provide, we will correct inaccurate personal information that we maintain about you.

In determining the accuracy of the personal information that is the subject of your request to correct, we will consider the totality of the circumstances relating to the contested personal information.

We also may require that you provide documentation if we believe it is necessary to rebut our own documentation that the personal information is accurate.

We may deny your request to correct in the following cases:

We have a good-faith, reasonable, and documented belief that your request to correct is fraudulent or abusive.
We determine that the contested personal information is more likely than not accurate based on the totality of the circumstances.
Conflict with federal or state law.
Other exceptions to the CCPA.
Inadequacy in the required documentation
Compliance proves impossible or involves disproportionate effort.

We will provide you a detailed explanation that includes enough facts to give you a meaningful understanding as to why we cannot comply with the request to correct your information.

Protection against discrimination

You have the right to not be discriminated against by us because you exercised any of your rights under the CCPA.

Exercising your CCPA rights by yourself or through an authorized agent

If you would like to exercise any of your CCPA rights as described in this Policy, please contact us by e-mail at: helpdesk@observant.net

We will ask you for additional information to confirm your identity and for security purposes, before disclosing the personal data requested to you, by using a two or three points of data verification process, depending on the type of information you require and the nature of your request.

We may ask you for additional information to confirm your identity and for security purposes, before disclosing the personal data requested to you, by using a two or three points of data verification process, depending on the type of information you require.

You may also designate an authorized agent to make a request under the CCPA on your behalf. To do so, you need to provide the authorized agent with written permission to do so and the agent will need to submit to us proof that they have been authorized by you. We will also require that you verify your own identity, as explained below.

Do Not Track

Our Do Not Track Notice. We do not currently respond or take any action with respect to web browser “do not track” signals or other mechanisms that provide consumers the ability to exercise choice regarding the collection of Personal Data about a User’s online activities over time and across third-party web sites or online services. We do allow third parties who provide us with analytics tools, to collect Personal Data about a User’s online activities when a User uses the Website.

We use your Analytics Information to provide you with our Website and to customize your experience.

We will also respond to Global Privacy Control Signals your device may send to our Website for opting out of such signals. Please note if you opt out, you will receive a less personalized experience when using our Website.