Personal data policy of Product Explorer application and its webapp:
HM.CLAUSE, its subsidiaries and affiliates, (collectively “HM.CLAUSE,” “us,” “our,” or “we”) pay particular attention to the protection of your personal data. This privacy policy describes the types of personal data we collect or you may provide us when connecting the application Product Explorer and it’s webapp, our practices regarding processing, protection, use of your personal data as well as information on your rights regarding your personal data.
HM.CLAUSE undertakes to collect and process your data in accordance with the European Regulation 2016/679 and national applicable personal data protection laws.
To ensure protection of personal data, Limagrain Group (HM.CLAUSE is part of Limagrain Group) has appointed a Data Protection Officer (DPO).
Scope of the privacy policy
This privacy policy applies to the Site as well as to personal data collected by and through the Site.
Personal data we collect from you
HM.CLAUSE undertakes to collect and process relevant and necessary personal data only, for explicit, specific and legitimate use.
HM.CLAUSE process or may process personal data you provide us through the Site and personal data we automatically collect.
Personal data HM.CLAUSE collects on the Site is used to manage our relationship with you, user of the Site, and to process your requests.
Personal data will be processed in a European Union country.
2.1 Types of personal data
a) Personal data you provide us when filing-in the “registration” form = when creating an account
This personal data is:
Your surname
Your first name
Your user profile (e.g. : grower, plant raiser, distributor, etc.)
Your email
Your geographic location
Store (IOS, Android)
Registration date
c. Personal data we automatically collect
HM.CLAUSE may automatically collect the following information as you navigate through the Site:
Authentication
Duration of the session
Operating system
Device models
Geographic data
First outings
Time of opening
Updates
3 mosted viewed varieties
Number of clicks on YouTube buttons
Number of clicks on "Share" buttons
Number of tech sheets downloaded
Number of views per species
Number of views per variety
Number of downloads by store type (Apple Store, etc.)
Time spent on the app: average time, maximum time
Number of users per month by profile (distributor, grower, plant raiser, processor, retailer, other).
2.2 Legal basis
HM.CLAUSE uses your consent as legal basis to process your data mentioned in 2.1.b. HM.CLAUSE uses this data for the sole purpose of creating your account, and, if you agree by clicking the applicable box, sending you marketing materials and commercial offers, and to understand and improve the Application.
Regarding your data mentioned in 2.1.c, HM.CLAUSE has implemented a Cookie Policy explaining the use of cookies and the purposes for the use. HM.CLAUSE encourages you to read our Cookie Policy that you can access by clicking here.
2.3 Retention period
HM.CLAUSE shall keep your personal data for a determined and proportionate duration depending on the purpose(s) of the processing.
Security, Storage and recipient of your personal data
HM.CLAUSE sets out appropriate measures for the protection of your personal data. Information you communicate or we collect from the Site are stored on secured servers.
Nevertheless, and because of the nature and risks associated with the use of the Internet and its contents, HM.CLAUSE cannot under any circumstances guarantee a total security of your data.
In addition, only people who need to know such information to perform their duties may have access to your personal data, on a “need to know” basis. Thus, the following are likely to have access to your personal data:
HM.CLAUSE: HM.CLAUSE is part of Limagrain Group, an international group, and may need to communicate your personal information within the Limagrain Group.
PROGRAMINI, as data processor may have access to your personal data.
Yours rights regarding your personal data
You benefit from the rights as provided under the European Regulation 2016/679 and national applicable personal data protection laws.
In particular, you can request access, rectification, erasure, restriction of processing, data portability of your personal data and/or to object to the processing of your personal data by contacting HM.CLAUSE: Communication Department, Rue Louis Saillant, Z.I. La Motte, 26800 PORTES-LES-VALENCE, France or at personaldata@hmclause.com.
Last update on 1 August 2024
For US based users, the below policy also applies.
HM.CLAUSE, Inc. and its subsidiaries and affiliates, (collectively “HM.CLAUSE,” “us,” “our,” or “we”) respect your privacy and are committed to protecting it consistent with this policy (“Privacy Policy”).
This Privacy Policy sets forth the types of information we collect from you or that you may provide to us when you visit www.hmclause.com or other promotional websites, HM.CLAUSE mobile applications, online surveys, and social media pages operated by HM.CLAUSE (collectively, the “Site”), and provides transparency about our privacy practices, including how we collect, use, and disclose personal information (as may be defined by applicable privacy law), and how you can exercise your applicable privacy rights.
The privacy rights available to you may vary based on your individual circumstances and the laws applicable to you. By engaging with us through the Site, you consent to our use of your personal information as set forth in this Privacy Policy.
Scope of This Privacy Policy
This Privacy Policy applies to the Site and information collected by and through the Site for persons located in the United States. It does not apply to any other HM.CLAUSE services or dealings with users or customers, offline or through any other means, nor does it apply to third party websites which may be linked to the Site.
This Privacy Policy is effective as of the “Last Modified” date found at the bottom of the page. We may revise this Privacy Policy at any time in our sole discretion (see “Changes to Privacy Policy” below). By continuing to use the Site, you are consenting to any such revisions and should therefore periodically visit this page to review the then-current Privacy Policy. However, we will not use previously collected personal information for a purpose different from which it was originally obtained without providing you notice.
Use by Minors
The Site is not intended for minors. We do not knowingly collect Personal Information from minors. If you are a minor, do not use or provide any information on the Site. If we learn that we have collected or received Personal Information from a minor without verification of parental consent, we will delete that information. If you believe we might have inadvertently collected information from or about a minor, please contact us at personaldata@hmclause.com .
Personal Information We Collect
We may collect Personal Information directly from you through your interactions with us, including through any webform, survey, social media page, or other correspondence, including the Contact Us and Report a Problem webforms. We may also collect information from you indirectly and from third parties about your device, browsing actions, and patterns as you navigate through the Site through the use of automatic data collection technologies, including Google Analytics. You can learn how Google uses personal information here: https://policies.google.com/technologies/partner-sites
The categories of Personal Information we may collect include identifiers, personal information described in Cal. Civ. Code § 1798.80(e), characteristics of protected classifications, commercial information, Internet and electronic network activity information, sensory information, professional or employment- information, education information, inferences drawn from other personal information, and certain sensitive personal information. These data include:
Contact Data
Name (first and last), company, title, phone number, e-mail, physical address, mailing address, country, professional or consumer status, and the object of any messages, including any personal data
Account Data
Account log-in information, if you maintain an account on our Site
Survey Data
Information you may provide in a survey, contest, or promotion sponsored by us, including your responses to survey questions
Social Media Data
Information and messages shared with us through our social media pages, including your associated profile information
Log Data
Information collected by our servers when you access our Site, including IP addresses, referral URLs, browser type and settings, date and time of usage, language preferences, and cookie data
Device Data
Information about your device, including type of device, operating system, application IDs, unique device identifiers, and crash data
Analytics Data
Approximate location based on your IP address (e.g., geolocation) and information your browsing session and duration, and your other interactions on the Site
We may use Personal Information collected from you for business and commercial purposes, including:
Presenting the Site and its contents to you;
Operating our business and administering customer accounts;
Communicating through email and other means;
Promoting our products through sales and marketing;
Administering, designing, and improving the Site;
Website analytics, e.g., tracking and measuring movements and interactions on the Site;
Gaining sales and marketing insights;
Recruiting and employment application processing, including background screening;
Detecting and preventing abuse and security threats;
Complying with legal and regulatory obligations;
Providing you with information that you request from us;
Fulfilling any other purpose for which you have provided us with your information;
Notifying you about changes to the Site, our Terms of Use, or this Privacy Policy;
In any other way we may describe when you provide the information; and
For any other purpose to which you consent.
Use of Cookies, Pixels, Web Beacons, and Similar Technologies
Our Site uses cookies, pixels, web beacons, and other similar tracking technologies (collectively, “Cookies”), which may be associated with third parties. Cookies may include a small data file placed on the hard drive of your computer when you visit the Site. A Cookie file contains information that can identify you each time you visit the Site. The Site may use Cookies as a way to measure activity and traffic patterns on the Site in order to improve your experience, monitor usage and compile analytics, and for advertising and marketing purposes. Your browser can be set to warn you before accepting Cookies and you can choose to refuse Cookies by turning them off in your browser. You do not need to have Cookies turned on to visit the Site, but you may need them to use certain customizable features of the Site. Our Cookie Policy further explains our use of cookies and we encourages you to read our Cookie Policy here: HM.CLAUSE Cookie Policy . By accessing and using our Site, you agree to our use of Cookies as described in this Privacy Policy.
Online Tracking and How We Respond to Do Not Track Signals
Under the California Online Privacy Protection Act (CalOPPA), we want to inform you about our “Do Not Track” (“DNT”) request policy. DNT is a feature that some web browsers offer to allow users to send signals to websites so that no information about their browser session will be shared. While we take all reasonable steps to protect your online privacy, we cannot promise that the current limitations of our online applications programming will address every browser setting or honor every personal browser preference. In particular, we have not implemented the necessary program changes to honor “Do Not Track” or “DNT” browser signals. As our online applications programming is refined, we will take all reasonable steps to honor such requests in the future. Please return to this Privacy Policy for further updates on this topic. You can learn more about DNT here: https://www.eff.org/issues/do-not-track
Personal Information We Disclose
We may disclose Personal Information to the following categories of recipients for our business and commercial purposes:
Subsidiaries and Affiliates
We disclose Personal Information within the HM.CLAUSE family of companies to operate and improve our business
Information Technology (IT) Providers
We disclose Personal Information with our IT providers as needed to operate the Site and our business, including with software and web hosting providers
Distributors and Partners
We disclose Personal Information with our Distributors and Partners to follow up on inquiries about our products
Business Services Providers
We disclose Personal Information with our business services providers, including contractors, marketing services, security vendors, auditors, information services providers, and professional advisors
Recruiters and Employment Services
We disclose Personal Information with recruiters and employment application services, including background screening services
Government and Legal
We disclose Personal Information with governmental authorities and third parties as may be required by applicable law, regulation, or legal process
Corporate Transaction
We may disclose Personal Information as part of a Corporate Transaction e.g., to a buyer or other successor in the event of a merger, divestiture, restructuring, reorganization, dissolution or other sale or transfer of some of HM.CLAUSE’s assets, whether as a going concern or as a part of bankruptcy, liquidation or similar proceeding, in which Personal Information held by HM.CLAUSE about the Site’s users is among the assets transferred
Aggregated and anonymized information that is incapable of identifying an individual is not considered Personal Information under this Privacy Policy. We may use disclose such aggregated and anonymized information without restriction.
Privacy Rights of California Residents
Under the California Consumer Privacy Act of 2018 (the “CCPA”), , California residents are afforded certain privacy rights. If you are a California resident, subject to certain limitations, you have the following rights concerning your personal information:
Right to Know. You have the right to access the specific pieces of personal information collected about you, the sources from which such information was obtained, the categories of information that have been sold or disclosed for a business purpose, and the commercial purpose for which the information was collected or sold, provided to you in a reasonably portable format if you have a password-protected account.
Right to Deletion. You have the right to request that we delete any of the personal information we have collected or maintain about you.
Right to Rectification and Correction. You have the right to rectify and correct inaccuracies in your Personal Information.
Right to Opt-out of Sales of Personal Information. You have a right to opt-out of the “sale” and “sharing” of your personal information, including cross-context behavioral advertising, and to opt-in again at your election.
Right to Limit Use and Disclosure of Sensitive Personal Information. You have a right to opt-out of secondary uses and disclosures of your Sensitive Personal Information.
Right to Opt-out of Automated Decision-making. You have the right to opt-out to certain types of automated decision-making, subject to certain exceptions.
Right to Non-Discrimination. You have a right to not be discriminated against in the event you exercise your other rights listed above. If you exercise these rights, HM.CLAUSE will not deny you goods or services, charge you a higher rate, or provide you with lower quality products.
Exercising Your Rights Under the CCPA
You, or an authorized agent, may exercise your rights by submitting a request to personaldata@hmclause.com . The CCPA allows for 1 disclosure request per 12-month period at no cost to you. For subsequent requests, we may charge a fee if we determine that the request is excessive, repetitive, or manifestly unfounded, but will not do so without providing you with a cost estimate before processing your request.
We respond to and process requests promptly and within the timeframes required by the CCPA. Please note that all requests are subject to proper prior verification before processing, as required by the CCPA.
If you are the authorized agent of an individual making a request, you may have to take additional steps to verify your identity and demonstrate that you can exercise the individual’s rights on their behalf.
Sale of Personal Information
With respect to the scope of this Privacy Policy, HM.CLAUSE does not “sell” or “share” personal information as such terms are defined by the CCPA and has not sold or shared personal information in the preceding 12-months. Because HM.CLAUSE does not sell or share personal information, Universal Opt-Out Mechanisms, including Global Privacy Control (GPC), do not apply to our Site.
Your Privacy Rights: California’s Shine the Light Law
HM.CLAUSE has not disclosed in the preceding 12-months personal information to third parties for their own direct marketing purposes, as defined by Cal. Civ. Code § 1798.83.
International Transfer of Your Personal Information
Your Personal Information may be transferred to third countries with different or less privacy protections than your own country. By sharing Personal Information with us, you consent to the transfer of your Personal Information to such third countries.
Retention Period
We will retain your personal data for a determined and proportionate duration depending on the purpose(s) of the processing.
Security of Personal Information
We have implemented appropriate measures for the protection of your Personal Information. If any of the personal information we retain about you is the subject of a breach of personal information under applicable law, we will take such actions, including providing you with notification, as such law or laws may require.
Changes to Privacy Policy
If we decide to change this Privacy Policy or our practices, we will post a notice of those changes to our Privacy Policy on the Site home page in advance of the changes taking effect, so that you are always aware of our current policy and practices.
Contacting HM.CLAUSE
For exercising your applicable privacy rights or if you have any questions, concerns or complaints about the manner in which your Personal Information has been collected or handled by HM.CLAUSE, please contact us at personaldata@hmclause.com .
Last Modified: 7 October 2024
