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Vanderfield Full Privacy Policy

Vanderfield Privacy Policy

Updated October 2019, Website Updated 24th March 2020

In this privacy policy, the expressions “Vanderfield”, "we", "us" and "our" are a reference to Vanderfield Pty Ltd ABN 58 060 286 759 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

2.1 What is Sensitive Information?

  1. 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.
  2. 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.
  3. 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

3.1 We 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:

  1. 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;
  2. 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
  3. details relating to your employment (if applicable) or your previous employment;
  4. your date of birth;
  5. proof of your date of birth (including, but not limited to, driver’s licence, passport, birth certificate);
  6. details of insurance policies, if applicable;
  7. any additional information required for your access to and use of MyJohnDeere;
  8. any additional information required to provide you with our services;
  9. your username and password to access your online account on our website, if applicable;
  10. your username and password to access to MyJohnDeere, if applicable;
  11. 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
  12. 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).

3.2 As 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.

3.3  When 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.

3.4  Depending 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.

3.5  If 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.

3.6 We 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

4.1  We 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.

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

  1. 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
  2. if required, the verification of your identity;

  3. the verification of your date of birth, if applicable;

  4. the provision of our products and services to you;

  5. 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;

  6. 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;

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

  8.  the maintenance and development of our products and services, business systems and infrastructure;

  9. 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;

  10. to provide customer service functions, including handling customer enquiries and complaints;

  11. to offer you updates, or other content or products and services that may be of interest to you;

  12. our compliance with applicable laws;

  13. the sale, and matters in connection with a potential sale, of our business or company to a third party; and

  14. any other matters reasonably necessary to continue to provide our products and services to you.

4.3   You 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.

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

  1. 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;

  2. 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;

  3. if we have reason to suspect that unlawful activity has been, or is being, engaged in; or

  4. if it is required or authorised by law.

 

4.5  In 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.

4.6   f 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

5.1 We 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:

  1. 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);

  2.  offshore service providers, if any;

  3. related entities and subsidiaries of Vanderfield;

  4. 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;

  5. those trade references you have nominated on any credit application form; and

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

  7. Any other party that you request us to.

5.2   Your 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.
5.3   We 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

6.1  You 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.

 

6.2  Without 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.

 

6.3  If 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

7.1  Any 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.

 

7.2  By 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.

 

7.3  The 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.

 

7.4  If 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

8.1  We 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.

 

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

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

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

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

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

  1. let us know if there are any errors in your personal information; and
  2. 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

9.1  You 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.

 

9.2  If 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

10.1  By 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.

10.2  We 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:

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

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

  3. (C)  maintenance event logs and history;

  4. (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.

 



Vanderfield Data Agreement (MyJohnDeere Subscription)

Updated October 2019, Website Updated 24th March 2020

Background

  1. Vanderfield is a dealer of John Deere Limited and sells residential and agriculture John Deere products.

  2. Vanderfield has the authority of John Deere Limited to sell access to the Subscription Account to purchasers of John Deere products.

  3. The Customer agrees to purchase access to the Subscription Account from Vanderfield

  4. Vanderfield wishes to provide the Customer access to the Subscription Account.

  5. This Data Agreement sets out general terms which will govern the engagement between Vanderfield and the Customer in respect of a Subscription Account.

The parties agree::
1. Definitions and interpretation

1.1 Definitions

In this document:

Business Day means a day (other than a Saturday, Sunday or public holiday) on which banks are open for general banking business in Australia.

Commencement Date means the date that the Customer purchases the Subscription Account.

Consequential Loss means any of the following (a) loss of revenue; (b) loss of profits; (c) loss of opportunity to make profits; (d) loss of data; (e) damage for crop loss; (f) damage to land; (g) loss of use of equipment; (h) loss of business; (i) loss of business opportunity; (j) loss of use or amenity; (k) loss of anticipated savings; (l) special, exemplary or punitive damages; (m) and any loss which does not directly and naturally flow in the normal course of events from the occurrence of the event giving rise to the liability for such loss, whether or not such loss was in the contemplation of the parties at the time of entry into this Data Agreement, including any of the above types of loss arising from an interruption to a business or activity.

Customer Data means the information or data which is provided by the Customer to either John Deere or Vanderfield in relation to the Subscription Account and this Data Agreement and which shall include, but is not limited to, Personal Information and any information collected from or relating to any John Deere products used by the Customer in relation to its property, whether provided by the Customer directly via the Subscription Account or whether obtained automatically from any John Deere products used by the Customer in relation to the Customer’s property.

GST means GST as that term is defined in the GST Law, and any interest, penalties, fines or expenses relating to such GST.

GST Law means the A New Tax System (Goods and Services Tax) Act 1999 (Cth) and/or associated Commonwealth legislation, regulations and publicly- available rulings.

Insolvency Event means:
(a) in relation to any corporation:

  1. its liquidation;

  2. an external administrator is appointed in respect of the corporation or any of its property;

  3. the corporation ceases or threatens to cease to carry on its business;

  4. the corporation being deemed to be, or stating that it is, unable to pay its debts when they fall due;

  5. any other ground for liquidation or the appointment of an external administrator occurs in relation to the corporation;

  1. the corporation resolves to enter into liquidation;

  2. an application being made which is not dismissed or withdrawn within 10 Business Days for an order, resolution being passed or proposed, a meeting being convened or any other action being taken to cause or consider anything described in sub- paragraphs (1) to (7) (inclusive) above;

(b)  in relation to an individual, that person becoming an insolvent under administration as defined in section 9 of the Corporations Act 2001 (Cth); and

(c)  in relation to any person, anything analogous to or having a similar effect to anything described above in this definition under the Law of any relevant jurisdiction.

Intellectual Property Rights means all current and future registered and unregistered rights in respect of copyright, circuit layouts, designs, trade marks, know-how, confidential information, patents, inventions, plant breeder’s rights and discoveries and all other intellectual property as defined in article 2 of the convention establishing the World Intellectual Property Organisation 1967.

Force Majeure Event means, except for the payment of money, the failure or delay in the performance of a required obligation if such failure or delay is caused by an act of God, natural disasters, strikes, war, acts of terrorism, civil disturbances, compliance with governmental laws or orders, or any other events which are beyond the reasonable control of such party, provided that such party gives prompt written notice of such condition an resumes its performance as soon as possible, and provided that the other party may terminate this Data Agreement if such condition continues for a period of ninety (90) days without demonstration by the non-performing party of the ability to resume performance of its obligations within a reasonable period.

John Deere means John Deere Limited and any of its Personnel who assist John Deere Limited in providing the Subscription Account to the Customer.

Law includes any requirement of any statute, rule, regulation, proclamation, order in council, ordinance or by- law whether commonwealth, state, territorial or local.

Loss means any loss (including Consequential Loss), claims, actions, liabilities, damages, expenses, diminution in value or deficiency of any kind whether direct, indirect, consequential or otherwise. A reference to Losses has a corresponding meaning.

Personal Information has the meaning attributed to it under Privacy Law.

Personnel means in relation to a Party, any Related Body Corporate, related entity, employee, officer, agent, contractor, professional adviser of that Party.

Privacy Law means the Privacy Act 1988 (Cth), as amended from time to time.

Related Body Corporate includes any corporation that is deemed to be related to a person by virtue of the provisions of the Corporations Act 2001 (Cth).

Subscription Account means one or more of the services offered by John Deere via www.myjohndeere.com.

Data Agreement means this document (Data Agreement (My JohnDeere Subscription)).

Subscription Fee means the fee payable by the Customer for the Subscription Account..

Term means the duration of the Data Agreement, until it is terminated or expires in accordance with the terms of this Data Agreement.

2. Term

2.1 Data Agreement Term

The term of this Data Agreement will commence on the Commencement Date, and remains in force for the period that the Customer has purchased access to the Subscription Account (which, for the sake of clarity, shall include any initial subscription as well as subsequent renewals)or until terminated in accordance with clause 9.

2.2 Subscription Account after expiry

If part of this Data Agreement fixes a term and, for whatever reason, access to the Subscription Account continues after expiry of the Term, then the terms and conditions of this Data Agreement will continue to apply to the engagement, with such variations as the circumstances of the continuing engagement require.

3. Subscription Account

Vanderfield agrees to:

  1. liaise with John Deere to the extent reasonably necessary to assist the Customer to initially access and use the Subscription Account;

  2. treat the Customer Data’s and any Personal Information provided to Vanderfield in confidence; and

  3. if provided with the Customer’s password and username to the Subscription Account, to keep these details in confidence and only access the Customer’s Subscription Account as authorised to do so by the Customer or as may otherwise be reasonably required in order to provide the Customer with any additional services requested by the Customer.

3.2 John Deere

The Customer acknowledges that:

  1. the Subscription Account is hosted and provided by John Deere;

  2. Vanderfield does not have any control over the provision of, access to, support of or the reliability of the Subscription Account; these obligations and responsibilities remain solely with John Deere;

  3. it must contact John Deere directly if there are any issues in relation to the Subscription Account;

  4. that there is no agency relationship between John Deere and Vanderfield;

  5. any Personal Information or machine data provided to John Deere is governed by John Deere’s applicable privacy policies and procedures; and

  6. the Customer is solely responsible for any fees, including but not limited to the Subscription Fees, associated with the Customer accessing the Subscription Account, including but not limited to the costs of purchasing any computer equipment.

3.3 Relationship

 

The Parties’ relationship is one of principal and independent contractor, not employer and employee, agency or partnership.

3.4 Additional Services

The Parties agree that if the Customer wishes to obtain any additional services from Vanderfield in respect of services similar to the Subscription Data Agreement, the terms and any fees for such services will be agreed in writing between the parties, and unless a separate Data Agreement has been entered into, the terms of this Data Agreement will apply.

4. General Obligations

a. The Customer:

  1. must comply with any services Data Agreement(s) and subscription contract(s) between John Deere and the Customer in relation to the access and use of the Subscription Account, as may be applicable to the services provided by John Deere;

  2. must keep its password in a safe place;

  3. must comply with the back-up procedures (if any) as recommended by John Deere and/or Vanderfield in relation to the Customer Data; and

  4. must otherwise comply with any reasonable directions given by. Vanderfield

b. The Customer acknowledges and agrees that:

  1. the Customer is wholly responsible for obtaining or retrieving any Customer Data from the Subscription Account prior to the termination or expiration of the Customer’s access to the Subscription Account; and
  2. if Vanderfield agrees to assist the Customer in retrieving any Customer Data from the Subscription Account, Vanderfield reserves the right to charge the Customer additional fees to provide this service, in addition to any Subscription Fee payable by the Customer.

5. Intellectual Property Rights

  1. No rights of ownership to any Intellectual Property Rights of owned by either party is transferred under this Data Agreement.

  2. The Customer grants to Vanderfield a non- exclusive, non-transferable licence to use its Intellectual Property Rights in the Customer Data during the Term.

6. Liability

6.1 Exclusion of liability

  1. To the extent permitted by Law, in no event will Vanderfield be liable to the Customer for Consequential Loss even if Vanderfield has beenmade aware of the possibility of such 8.2 Consequential Loss prior to entering into this Data Agreement.
  2. Unless otherwise specified, neither Party is liable to third parties regarding, or arising out of or in connection with, this Data Agreement.

6.2 Implied terms

  1. To the full extent permitted by Law, any term which would otherwise be implied into this Data Agreement is excluded
  2. In the event any Law implies or imposes terms into this Data Agreement which cannot be lawfully excluded, such terms will apply, save that the liability of Vanderfield for breach of any such term will be limited in accordance with subclause 6.3(a).

6.3 Limitation of liability

(a) Re-performance

To the extent Vanderfield is found liable in connection with this Data Agreement, its liability shall be limited (at the option of Vanderfield) to any one or more of the following:

  1. re-supplying services to which the liability relates or the supply of equivalent services; or
  2. reimbursing the Customer (subject to subclause 6.3(b)) for paying someone else to supply the services which the liability relates.

b) Liability cap

If Vanderfield is liable under this Data Agreement, then irrespective of anything else in this Data Agreement, Vanderfield’s cumulative liability in the aggregate (to the fullest extent permitted by Law) shall in no event exceed the sum of the Subscription Fee paid by the Customer to Vanderfield.

7. Indemnity

The Customer indemnifies, and will keep indemnified, Vanderfield against any:

  1. Claims against Vanderfield; or
  2. Loss suffered by Vanderfield,

    arising from:

       c. the negligent acts or omissions of the Customer or its Personnel; or

       d. any breach of this Data Agreement by the Customer.

8. Privacy Law

8.1 Privacy Law compliance generally

Vanderfield agrees to comply with all Privacy Laws in relation to any and all Personal Information that it collects from the Customer in connection with this Data Agreement.

8.2 Customer’s consent to transfer of Personal Information

  1. The Customer consents, acknowledges and agrees that:

    1. any Personal Information provided to Vanderfield or John Deere may be transferred to, and stored at, a destination outside Australia, including but not limited to the United States of America, in order for John Deere to provide the Customer with access to and the use of the Subscription Account;

    2. Personal Information may also be processed by Personnel or by other third parties operating outside Australia, including but not limited to John Deere; and

    3. by entering into this Data Agreement and submitting Personal Information to Vanderfield, the Customer expressly agrees and consents to the disclosure, transfer, storing or processing of any Customer Personal Information outside of Australia in the manner permitted by paragraphs 8.2(a)(1) and 8.2(a)(2).

    b. In providing this consent, the Customer understands and acknowledges that countries outside Australia do not always have the same privacy protection obligations as Australia in relation to Personal Information.

8.3 Privacy protection obligations

  1. Privacy Law requires Vanderfield to take such steps as are reasonable in the circumstances to ensure that any recipients of Personal Information outside of Australia do not breach the privacy principles contained within Privacy Law.
  2. By obtaining the Customer’s consent, under Privacy Law, Vanderfield is not required to take such steps as may be reasonable in the circumstances.
  3. Notwithstanding subclause 8.3(b), Vanderfield acknowledges the importance of protecting Personal Information and has taken reasonable steps to ensure that any Personal Information is used by third parties securely and in accordance with the terms of this Data Agreement and Vanderfield’s Privacy Policy.
  4. The Customer acknowledges that Vanderfield is not responsible for the handling, use, storage, processing or disclosure of the Customer Data received by John Deere via the Subscription Account.

9. Suspension and Termination

9.1 Suspension

Vanderfield may suspend this Data Agreement if John Deere has suspended the Subscription Account on the occurrence of a Force Majeure Event.

9.2 Termination of the Data Agreement

  1. (a)  Either Party may terminate this Data Agreement immediately by written notice:

    1. if the other Party is in breach of this Data Agreement and that other Party has failed to remedy that breach within thirty (30) days of a written notice to it from the first-mentioned Party, specifying the breach and requiring it to be remedied;

    2. if the other Party is in breach of this Data Agreement and that breach is not capable of remedy; or

    3. an Insolvency Event occurs in respect of the other Party.

  2. Vanderfield may terminate this Data Agreement immediate by written notice to the Customer if John Deere has terminated the Customer’s access to the Subscription Account, for any reason.

  3. The Customer may terminate this Data Agreement upon thirty (30) days notice to Vanderfield only if the Customer has terminated its Data Agreement with John Deere for access to the Subscription Account. The Customer will not be entitled to any refund of any fees paid or payable by the Customer for access to the Subscription Account.

9.3 No prejudice of rights

Termination shall not prejudice or affect any right or action which shall have accrued or shall thereafter accrue to either Party.

9.4 Survival

The following clauses survive termination of this Data Agreement: clause 5 (Intellectual Property Rights); clause 6 (Liability); clause 7 (Indemnity); clause 8 (Privacy); clause 10 (Consequences of Termination) and this clause 9.4.

10. Consequences of Termination

Upon termination or expiration of this Data Agreement:

  1. all money due by the Customer to Vanderfield must be paid in full;

  2. access to the Subscription Account will terminate

  3. the Customer must return (within 10 Business Days) to Vanderfield or (if requested by Vanderfield) destroy, all materials incorporating any Intellectual Property Rights belonging to Vanderfield, in its possession or control; and
  4. the provisions of clause 4.1(b) applies regarding any Customer Data held in the Subscription Account.

11. Governing Law and Jurisdiction

This Data Agreement is governed by and construed in accordance with the laws of Queensland. The rights and obligations of the parties under this Data Agreement will not be governed by the United Nations Convention on Contracts for the International Sale of Goods (CISG) and the parties expressly exclude the applicability of the CISG to this Data Agreement.



 

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