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Privacy Policy

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In this privacy policy, the expressions “Vanderfield”, "we", "us" and "our" are a reference to

Vanderfield Pty Ltd ABN 58 060 286 759, Vanderfield Northwest Pty Ltd ABN 18 159 218 765 and any Related Bodies Corporate (as defined by s9 of the Corporations Act 2001 (Cth))

This privacy policy applies to personal information collected by us. We are bound by the Privacy Act 1988 (Cth), which governs the way private sector organisations collect, use, keep secure and disclose personal information.

If you have any concerns or complaints about the manner in which your personal information has been collected, used or disclosed by us, we have put in place an effective mechanism and procedure for you to contact us so that we can attempt to resolve the issue or complaint. We can be e-mailed at supportoffice@Vanderfield.com.au or write to us at Attn: Privacy Officer, Vanderfield, PO Box 2010, TOOWOOMBA QLD 4350] and our privacy officer will then attempt to resolve the issue.

We recommend that you keep this information for future reference.

1.What is personal information?

The Privacy Act 1988 (Cth) defines “personal information” to mean information or an opinion, whether true or not, and whether recorded in a material form or not, about an individual whose identity is reasonably identifiable, from the information or opinion.

2.Sensitive Information

2.1What is Sensitive Information?

(a)Sensitive information is a subset of personal information. It means information or opinion about an individual’s racial or ethnic origin, political opinions, membership of a political organisation, religious beliefs or affiliations, philosophical beliefs, membership of a professional or trade association, membership of a trade union, sexual orientation or practices, criminal record, health information about an individual, genetic information, biometric information that is to be used for the purpose of automated biometric verification or biometric identification or biometric templates.

(b)In general, we attempt to limit the collection of sensitive information we may collect from you, but depending on the uses you make of our products this may not always possible and we may collect sensitive information from you in order to carry out the services provided to you. However, we do not collect sensitive information from you without your consent.

(c)The type of sensitive information we may collect from you or record about you is dependent on the services provided to you by Vanderfield and will be limited to the purpose(s) for which it is collected. We do not use sensitive information to send you Direct Marketing Communications (as defined in paragraph 6 below) without your express consent.

3.Collection of your personal information

3.1We only collect personal information that is necessary for what we do. The type of information we may collect from you includes (but is not limited to) the following:

(a)information collected from or relating to any John Deere products used by you in relation to your property, whether provided by you directly via www.myjohndeere.com (MyJohnDeere) or whether obtained automatically from any John Deere products (Machine Data, as further defined in Annexure A). Notwithstanding the foregoing, this privacy policy shall only apply to Machine Data to the extent that such Machine Data includes personal information;

(b)your contact information such as full name (first and last), e-mail address, current postal address, delivery address (if different to postal address) and phone numbers;

(c)details relating to your employment (if applicable) or your previous employment;

(d)your date of birth;

(e)proof of your date of birth (including, but not limited to, driver’s licence, passport, birth certificate);

(f)details of insurance policies, if applicable;

(g)any additional information required for your access to and use of MyJohnDeere;

(h)any additional information required to provide you with our services;

(i)your username and password to access your online account on our website, if applicable;

(j)your username and password to access to MyJohnDeere, if applicable;

(k)your opinions, statements and endorsements collected personally or via surveys and questionnaires, including but not limited to your views on the products and services offered by Vanderfield; and

(l)if you are requesting products or services from us or we are purchasing goods or services from you, then any relevant payment or billing information (including but not limited to bank account details, direct debit, credit card details, billing address, repayment information and invoice details).

3.2As much as possible or unless provided otherwise under this privacy policy, we will collect your information directly from you. If we collect details about you from someone else, we will, whenever reasonably possible, make you aware that we have done this and why.

3.3When you engage in certain activities, such as entering a contest or promotion, filling out a survey or sending us feedback, we may ask you to provide certain information. It is completely optional for you to engage in these activities.

3.4Depending upon the reason for requiring the information, some of the information we ask you to provide may be identified as mandatory or voluntary. If you do not provide the mandatory data or any other information we require in order for us to provide our services to you, we may be unable to effectively provide our services to you.

3.5If you use our website, we may utilise "cookies" which enable us to monitor traffic patterns and to serve you more efficiently if you revisit a Vanderfield website. A cookie does not identify you personally but may identify your internet service provider or computer. You can set your browser to notify you when you receive a cookie and this will provide you with an opportunity to either accept or reject it in each instance.

3.6We may gather your IP address as part of our business activities and to assist with any operational difficulties or support issues with our services. This information does not identify you personally.

4.How we may use and disclose your personal information

4.1We will only use or disclose your personal information for the primary purposes for which it was collected or as consented to and/or as set out below.

4.2You consent to us using and disclosing your personal information to facilitate a purpose in connection with:

(a)your access to and use of MyJohnDeere, which may include but is not limited to using your personal information, including any Machine Data for remote display access, wireless data transfer, soil and environment monitoring, analysis services, equipment diagnostic, remote servicing or any other services provided via MyJohnDeere;

(b)if required, the verification of your identity;

(c)the verification of your date of birth, if applicable;

(d)the provision of our products and services to you;

(e)to facilitate the administration and management of Vanderfield, including but not limited to:

(1)the use of your personal information collected in accordance with paragraph 3.1 in the administration and management of Vanderfield;

(f)the administration and management of our products and services, including charging, billing, credit card authorisation and verification, checks for financial standing, credit- worthiness (including but not limited to undertaking an assessment for credit loss and obtaining credit references from the trade references which have been nominated by you on your credit application form with Vanderfield, if applicable), fraud and collecting debts;

(g)the improvement of our services (including to contact you about those improvements and asking you to participate in surveys about our products and services);

(h)the maintenance and development of our products and services, business systems and infrastructure;

(i)marketing and promotional activities by us and our related bodies (including by direct mail, telemarketing, email, SMS and MMS messages) such as our customer loyalty programs and newsletters;

(j)to provide customer service functions, including handling customer enquiries and complaints;

(k)to offer you updates, or other content or products and services that may be of interest to you;

(l)our compliance with applicable laws;

(m)the sale, and matters in connection with a potential sale, of our business or company to a third party; and

(n)any other matters reasonably necessary to continue to provide our products and services to you.

4.3You acknowledge and agree that we may obtain personal information from the trade references nominated by you on your credit application form with Vanderfield. We may also disclose personal information to those third parties where you have nominated Vanderfield as a trade reference.

4.4We may also use or disclose your personal information and in doing so we are not required to seek your additional consent:

(a)when it is disclosed or used for a purpose related to the primary purposes of collection detailed above and you would reasonably expect your personal information to be used or disclosed for such a purpose;

(b)if we reasonably believe that the use or disclosure is necessary to lessen or prevent a serious or imminent threat to an individual’s life, health or safety or to lessen or prevent a threat to public health or safety;

(c)if we have reason to suspect that unlawful activity has been, or is being, engaged in; or

(d)if it is required or authorised by law.

4.5In the event we propose to use or disclose such personal information other than for reasons in 4.1, 4.2, and 4.3 above, we will first seek your consent prior to such disclosure or use.

4.6If you have received communications from us and you no longer wish to receive those sorts of

communications, you should contact us by e-mail at support@vanderfield.com.au

]

or write to us at Attn: Privacy Officer, Vanderfield, PO Box 2010, TOOWOOMBA QLD

 

4350 and we will ensure the relevant communication ceases. Any other use or disclosure we

 

make of your personal information will only be as required by law or as permitted by the

 

Privacy Act 1988 or by this privacy policy or otherwise with your consent.

 

5.The types of organisations to which we may disclose your personal information

5.1We may disclose your personal information to organisations outside of Vanderfield. Examples of organisations and/or parties that your personal information may be provided to include:

(a)John Deere Limited and any related entities, subsidiaries, contractors, agents or third party providers of John Deere Limited (including its data hosting service providers, who manage the infrastructure used to provide MyJohnDeere);

(b)offshore service providers, if any;

(c)related entities and subsidiaries of Vanderfield;

(d)third parties, such as banking or financial institutions, that might be required for credit check purposes or for the purchase (or sale) of any John Deere products by you;

(e)those trade references you have nominated on any credit application form; and

(f)our contractors and agents or other companies who assist us in providing our products and services to you.

(g)Any other party that you request us to.

5.2Your personal information is disclosed to these organisations and/or parties only in relation to the goods or services we provide to you or for a purpose permitted by this privacy policy.

5.3We take such steps as are reasonable to ensure that these organisations and/or parties are aware of the provisions of this privacy policy in relation to your personal information.

6.Direct Marketing

6.1You expressly consent to us using your personal information, including any email address you give to us, to provide you with information and to tell you about our products, services or events or any other direct marketing activity (including third party products, services, and events) (Direct Marketing Communications) which we consider may be of interest to you.

6.2Without limitation clause 6.1, if it is within your reasonable expectations that we send you Direct Marketing Communications given the transaction or communication you have had with us, then we may also use your personal information for the purpose of sending you Direct Marketing Communications which we consider may be of interest to you.

6.3If at any time you do not wish to receive any further Direct Marketing Communications from us, you may ask us not to send you any further information about products and services and not to disclose your information to other organisations for that purpose. You may do this at any time

by using the “unsubscribe” facility included in the email or by contacting us at supportoffice@Vanderfield.com.au ] or write to us at Attn: Privacy Officer,

Vanderfield, PO Box 2010, TOOWOOMBA QLD 4350

7.Cross Border Disclosure

7.1Any personal information provided to Vanderfield or to John Deere Limited in connection with MyJohnDeere may be transferred to, and stored at, a destination outside Australia, including but not limited to the United States of America, where we or John Deere Limited may utilise overseas data and website hosting facilities or where we or John Deere Limited may have entered into contractual arrangements with third party service providers to assist us, or John Deere Limited, with providing MyJohnDeere or our goods and services to you. Personal information may also be processed by staff or by other third parties operating outside Australia who work for us, John Deere Limited or for any suppliers, agents, partners or related companies of John Deere Limited or Vanderfield.

7.2By submitting your personal information to Vanderfield, you expressly agree and consent to the disclosure, transfer, storing or processing of your personal information outside of Australia. In providing this consent, you understand and acknowledge that countries outside Australia do not always have the same privacy protection obligations as Australia in relation to personal information. However, we will take steps to ensure that your information is used by third parties securely and in accordance with the terms of this privacy policy.

7.3The Privacy Act 1988 requires us to take such steps as are reasonable in the circumstances to ensure that any recipients of your personal information outside of Australia do not breach the privacy principles contained within the Privacy Act 1988. By providing your consent, under the Privacy Act 1988, we are not required to take such steps as may be reasonable in the circumstances. However, despite this, we acknowledge the importance of protecting personal information and, as set out above, have taken reasonable steps to ensure that your information is used by third parties securely and in accordance with the terms of this privacy policy.

7.4If you do not agree to the transfer of your personal information outside Australia, please contact us by email at supportoffice@vanderfield.com.au or write to us at Attn: Privacy

Officer, Vanderfield, PO Box 2010, TOOWOOMBA QLD 4350

8.Data quality and security

8.1We have taken steps to help ensure your personal information is safe. You will appreciate, however, that we cannot guarantee the security of all transmissions or personal information, especially where the Internet is involved.

8.2Notwithstanding the above, we will take reasonable steps to:-

(a)make sure that the personal information we collect, use or disclose is accurate, complete and up to date;

(b)protect your personal information from misuse, loss, unauthorised access, modification or disclosure both physically and through computer security methods; and

(c)destroy or permanently de-identify personal information if it is no longer needed for its purpose of collection.

8.3However, the accuracy of personal information depends largely on the information you provide to us, so we recommend that you:

(a)let us know if there are any errors in your personal information; and

(b)keep us up-to-date with changes to your personal information (such as your name or address).

9.Access to and correction of your personal information

9.1You are entitled to have access to any personal information relating to you which we possess, except in some exceptional circumstances provided by law. You are entitled to edit such information unless we are required by law to retain it or permitted to retain it in accordance with this privacy policy. However, we may keep track of past transactions for our accounting and audit requirements. Furthermore, it may be impossible to completely delete your information because some information may remain as backups.

9.2If you would like access, or correct any records of personal information we have about you, you are able to access or update that information (subject to the above) by contacting us at supportoffice@vanderfield.com.au or write to us at Attn: Privacy Officer, Vanderfield, PO

Box 2010, TOOWOOMBA QLD 4350

10.Consent

10.1By using our website (as may be applicable) or by accepting the terms of one of our terms and conditions which refer to this privacy policy, you are agreeing to the terms of this privacy policy.

10.2We reserve the right to modify our privacy policy as our business needs require. We will notify you of such changes (whether by direct communication or by posting a notice on our website), after which, your continued use of our products, services or website or your continued dealings with us shall be deemed to be your agreement to the modified terms. If you do not agree to our continued use of your personal information due to the changes in our privacy policy, please contact us at supportoffice@vanderfield.com.au or write to us at Attn: Privacy

Officer, Vanderfield, PO Box 2010, TOOWOOMBA QLD 4350

Annexure A: Machine Data

The reference to Machine Data shall include, but is not limited to, the following types of information (which shall include, but is not limited to, the following classifications used by John Deere) to the extent such information may include personal information:

Machine Data

Crop yields

Weight data

equipment and vehicle performance data, including but not limited to:

(A)vehicle usage states and cycles, including but not limited to operational state of the vehicles;

(B)fuel consumption and efficiency of John Deere products;

(C)maintenance event logs and history;

(D)engine load,

harvesting patterns

Dates, times and locations of vehicle operation

Production Data

Location and altitude of John Deere products, including but not limited to field or worksite boundaries and location history, forestry cut-block lines

production system crop and product identifiers, including but not limited to seed variety and product formulation

production system target rates and depths, including but not limited to seeding, applications, tillage

Guidance lines

Production system as-seeded/planted rates, as-applied rates, as-tilled depths and as-harvested moisture/yield/constituents

Detailed production system setting levels, tank levels, and performance data, including but not limited to combine harvester header/separator/grain tank, forage harvester header/processor, sprayer tank/boom, planter/seeder tank/ row unit and tillage gang

Detailed environmental readings, including but not limited to humidity, temperature, wind speed and direction and moisture

Task plan/job plan/work plan/work order referenced set up and output data inclusive of data referred to in this section

Planting data (including but not limited to type of seed planted, amount of seed used, rate of planting, location of planting and date and time of planting)

Pesticide data (including but not limited to type of chemical used, amount of chemical used, rate of spraying, location of spraying, date and time of spraying)

Fertiliser data (including but not limited to type of fertiliser used, amount of fertiliser used, rate of spraying, location of spraying, date and time of spraying)

Other Data

Variable production system target rates/depths including but not limited to variable rate prescriptions for seeding and applications

Operator-entered notes

Production data files including but not limited to species identifiers, volumes harvested and other related information

Production target settings and bucking or cutting instructions

Construction grade control design and as-built files

Prescription rate control programs for variable input of seed, fertiliser, pesticides and ameliorants

Landforming control programs (including but not limited to cut-fill earthworks, drainage designs etc) and any other agronomic and telemetric data.