Privacy Policy

Privacy and Data Policy Overview

FINDLAY IMPLEMENT CO.

Effective Date: January 1, 2014 (V2)

This is only a summary of our Privacy and Data Policy. For more information you can review a complete

version of our Privacy and Data Policy located on our website at FICDealerhips.com or by requesting a

copy at mpodach@ficdealerships.com

This Privacy and Data Policy Overview provides a description of the privacy and data use practices of

Findlay Implement Co. (“us”, “we” or “our”) in connection with our receipt, collection and use of data

and information from you as our customer, visitor, or user, as applicable. The policy may be changed or

updated from time to time. If there is any conflict between this Overview and our full Privacy and Data

Policy, the terms of our full Privacy and Data Policy will control.

Collection of Data:

The types of information we collect and share depend on the products or services you purchase, license or

access from us or third parties through which you have authorized us to receive information (such as

through John Deere’s JD LinkTM Telematics system or Trimble’s “Connected Farm” system). We

generally receive, collect, use and share both Customer Data (including social security numbers, names,

addresses, phone numbers, and other personal information) and Machine Data (information related to the

performance, use, and location of equipment or computers with various information collection devices) as

described in this Policy (collectively “Data”). You agree to notify all personnel that use any tracked

equipment that their use and location is remotely monitored. If you need to update or change any

information which you previously provided to us then you may contact us at KWARD@FINDLAY-

IMP.COM or 419-424-0471

Protection of Data:

We strive to protect your Data using commercially reasonable standards. We use a variety of

commercially reasonable security technologies to help protect your Data from unauthorized access, use,

or disclosure. However, the use of such standards and security technologies is not, and should not be

considered to be, any type of guarantee or warranty by us that your Data will not be accessed by third

parties.

Sharing and Use of Data:

We use your Data to provide products, services and information to you. Some of the services are

designed to allow faster communications and responsiveness between you and us to ensure that we

provide services to you as efficiently as possible. We may also review equipment diagnostic information

remotely to diagnose and recommend equipment maintenance and repairs. We share your information

with certain third parties in order to better serve you or upon your request or approval. These third parties

may include equipment suppliers, financing institutions or other third party service providers who assist

us in providing the products and services you request or their respective subsidiaries or affiliates. We also

may share your information with our marketing, technical, accounting, legal or other professionals to

assist us in our business operations. If you purchase products for personal, family, or household use

through financing that is provided by us or facilitated by us, you may request that we not share your

personal information derived from that transaction with unaffiliated third parties by returning the opt-out

form at the bottom of our Privacy and Data Use Policy.

If you have any additional questions, please contact us at: kward@findlay-imp.com ; Kevin Ward Data

Privacy Manager.

760997 (Updated August, 2013) 1 © 2013 SouthWestern Association

Privacy and Data Policy

FINDLAY IMPLEMENT CO.

Effective Date: January 1, 2014

THE FOLLOWING PRIVACY AND DATA POLICY (“POLICY”) DISCLOSES THE

PRIVACY AND DATA USE PRACTICES OF FINDLAY IMPLEMENT CO. (“US,” “WE,”

OR “OUR”) FOR ALL DATA OR INFORMATION WHICH WE RECEIVE FROM YOU,

EITHER DIRECTLY OR THROUGH A THIRD PARTY, INCLUDING, WITHOUT

LIMITATION, IN PERSON OR BY PHONE AT OUR RETAIL LOCATIONS OR THROUGH

WEBSITES, APPLICATIONS, EQUIPMENT, DEVICES OR THE PROVISION OF

PRODUCTS OR SERVICES TO YOU. WE CREATED THIS POLICY TO COMMUNICATE

OUR PRIVACY AND DATA POLICIES TO EACH OF OUR CUSTOMERS

(COLLECTIVELY A “CUSTOMER,” “YOU” OR “YOUR”) WITH RESPECT TO YOUR

INFORMATION.

1. What and How Information is Collected

We collect and share both your Customer Data and Machine Data (collectively “Data”) as

described in this Policy.

a. Customer Data. To purchase, access, receive, download, upload or use goods or

services from us, you may be required to create an account with us, John Deere or another

equipment supplier and/or provide various information, which may include personally

identifying information (collectively, “Customer Data”). Personally identifying information is

information that can be used to identify, locate or contact you. If you have a user account with

us then you are responsible for maintaining the confidentiality of your user name and password

and all uses of your account and password. You agree to immediately notify us of any

unauthorized use of your account. If a Customer directly or indirectly communicates with us by

e-mail, posts or uploads content or information to a website or application to which we are

provided access or otherwise completes online forms, any information provided in such

communication will also be collected by us as Customer Data (or Machine Data, as applicable).

Data may be collected by us directly from you or your equipment or it may be delivered to us by

third parties if you authorize such access be provided by the third party (such as through the JD

LinkTM Telematics system for John Deere Equipment). By providing Customer Data directly to

us or granting us access to Customer Data from a third party, you grant us a royalty-free, non-

exclusive, perpetual license to use such Customer Data in accordance with this Policy.

Customer Data may consist of the following types of information:

Personal Data. Personal Data includes your name, user name, mailing address, e-mail address,

phone number, zip code, social security number and similar personal information. We use

Personal Data to send Customers e-mail, written or other forms of communications regarding:

i. Goods or services requested or purchased by Customers;

ii. Promotional or informational materials about our company, affiliates and/or third

parties with whom we conduct business and the related goods and services provided

by such businesses;

760997 (Updated August, 2013) 2 © 2013 SouthWestern Association

iii. Machine-specific information to participating Customers; and

iv. Updates, advertisements, offers and announcements relating to the goods and

services of our company, affiliates and/or third parties with whom we conduct

business.

You consent to receive communications from us electronically, but have the ability to opt-out of

receiving future e-mails of the type described in (ii)-(iv) by contacting us at the following email

address KWARD@FINDLAY-IMP.COM. or changing your account preferences, if applicable.

Notwithstanding anything to the contrary in this Policy, we may communicate with each

Customer by e-mail if such e-mail communication is sent for the purpose of protecting the

interests of Customer, including any Customer Data, property or other data, or to provide

Customer with any notification or disclosure that may be required under applicable law or our

Policy. Accordingly, as a Customer, you agree that all communications, disclosures, and notices

sent to you by e-mail satisfy any requirement that notice be provided in writing.

Transaction and Demographic Data. We collect transaction information about your purchases,

inquiries and customer accounts to fulfill orders or for our general business needs, including

maintenance and warranty services. We also may collect general demographic or preference

data regarding your interests, goals or needs to understand who you are and what products and

services may interest you or meet your needs.

Financial Data. We may collect financial information from you to complete purchases of goods

or services, such as credit card information or your billing address. If you purchase products for

personal, family, or household use through financing that is provided by us or facilitated by us,

then you have the right to request that we not share any of your personal information derived

from that transaction with unaffiliated third parties outside of the requirements to complete your

requested transaction by submitting the opt-out form attached to the bottom of this Privacy and

Data Use Policy. We may also assist you in applying for financing with certain third parties or

engage in direct financing with you. We may report information about your account to

credit bureaus. Late payments, missed payments, or other defaults on your account may

be reflected in your credit report.

b. Machine Data. Machine Data includes information that is generated by,

collected by or stored on your equipment or any hardware or device interfacing with your

equipment, and may be provided directly through such equipment, hardware or device or

indirectly when reported to us through you or a third party (collectively, “Machine Data”).

Machine Data includes, without limitation, the following data, which we may track, collect,

receive and use in accordance with this Policy:

i. Technical information including IP addresses, persistent identifiers, statistical

utilization, transmission and access methods and sources, and preference information

that is collected by cookies, web beacons, or other similar device based collection

technologies. This may include any search that led you to our website, your

connection speed or type, and your browser or device information. You may block

all cookies by following the instructions applicable to your browser at

http://www.aboutcookies.org/page-1;

ii. Equipment use history including fuel usage, number of engine hours, diagnostic data,

software and hardware version numbers, geolocation data, and other equipment data;

and

760997 (Updated August, 2013) 3 © 2013 SouthWestern Association

iii. Agronomic information including plant, chemical and fertilizer application rates,

recorded yields, soil types and moisture levels, and similar crop or field based

information.

Machine Data may be collected by us directly from you or your equipment or it may be delivered

to us by third parties if you authorize or allow such delivery or access from the third party (such

as through the JD LinkTM Telematics system for John Deere Equipment). By providing

Customer Data directly to us or granting us access to Machine Data from a third party, you grant

us a royalty-free, non-exclusive, perpetual license to use such Machine Data in accordance with

this Policy. We are not liable for any errors, omissions, interception, loss of data, lack of

capacity, lack of coverage or lack of availability, or other errors related to the transmission of

any Machine Data by any third party.

YOU AGREE THAT YOU WILL CLEARLY AND CONSPICUOUSLY NOTIFY ANY

AFFECTED PERSONNEL THAT THE MACHINE DATA IS CONTINUOUSLY

MONITORED AND DELIVERED, INCLUDING POTENTIALLY PERSONAL AND

LOCATION DATA, AND THAT YOU WILL OBTAIN ALL NECESSARY CONSENTS

AND APPROVALS FROM YOUR PERSONNEL AS REQUIRED BY APPLICABLE LAW

TO COLLECT AND PROVIDE SUCH DATA TO US.

2. Confidentiality, Security and Storage of Data

Except as otherwise provided in this Policy, we will keep all of your Data that personally

identifies you (e.g., your name and address) as private and will not share it with third parties,

unless such disclosure is necessary to:

i. Comply with a law (or based upon our good-faith belief that disclosure is necessary

to comply with a law);

ii. Protect our rights or property; or

iii. Enforce this Policy or any of our other policies and guidelines.

We may also share your Data as provided below, when required by a third party through whom

you authorized or allowed Data to be transmitted to us or when otherwise authorized or

requested by you.

We will not sell your Data to third parties except in the case of a sale of substantially all of our

business or assets or the business or assets of one or more of our locations or business divisions

or as otherwise permitted below with respect to aggregate Data. We may permanently delete or

destroy any and all Data at any time as determined by us. We use a variety of commercially

reasonable security technologies to help protect your Data from unauthorized access, use, or

disclosure. However, the use of such security technologies is not, and should not be considered

to be, any type of guarantee or warranty by us that your Data will not be accessed by third

parties, or that we will use all available security technologies to prevent unauthorized access to,

use, or disclosure of your personally identifying information.

3. Sharing and Use of Information

We share your Data with our affiliates, suppliers, vendors, and/or their agents and employees as

we deem necessary for the provision of goods and services to you. Specifically, we may share

your Data: (i) with third parties assisting us in the provision, administration, and management of

goods and services generally; (ii) with third parties that assist us in providing goods and services

760997 (Updated August, 2013) 4 © 2013 SouthWestern Association

that you request; (iii) with third parties that support our business operations or provide marketing

or advertising services on our behalf, including marketing, technical, accounting, legal or other

professionals; and (iv) as otherwise permitted by law or approved by you. We may use your

Data for our general business operations and goods and services provided by us if it is in a form

that is not capable of being personally identified with you or if it is combined with Data from one

or more other customers in aggregate form that does not personally identify any particular

customer. We may also sell, license or otherwise provide such de-identified or aggregated data

to third parties.

While we use commercially reasonable efforts to safeguard your Data when transmitted to third

parties, we do not warrant that your Data will be transmitted without unauthorized interception

or modification or that your Data will not be accessed or compromised by unauthorized third

parties.

4. Collection of Your Information by Third-Party websites

Our website may contain links to other websites. We are not responsible for the privacy

practices or the content of such websites. [Note – we recommend adding the following

highlighted language if you allow third party advertisements on your websites.] [We may

allow third-party advertisers to place ads on our website. These third-party advertisers may use

cookies or similar technologies to help present the advertisements to you or to help measure the

effectiveness of their advertisements. Some advertisers may use cookies to serve ads to our users

or Customers based on their visits to our website and other websites on the Internet. The use of

such technologies is subject to the privacy policies of the third-party advertisers and is not

covered by this Policy. As a result, if you respond to any such third-party advertisers by clicking

on the advertisements and/or visiting their websites or the websites of any other third party, be

sure you evaluate their privacy policies before providing them any of your information. To opt-

out of a third party’s use of cookies, you must visit such third party’s website and follow its

specified opt-out procedures. You may opt-out of Google’s use of the DoubleClick cookie by

visiting the Google Advertising Policies and Principles page at

http://www.google.com/policies/privacy/ads/. You can opt out of some, but not all, of third-

party advertiser cookies in one location at the Network Advertising Initiative opt-out website,

located at www.networkadvertising.org/managing/opt_out.asp. You may block all cookies by

following the instructions applicable to your browser at http://www.aboutcookies.org/page-1.]

5. Updates and Changes to Policy

We reserve the right, at any time and without notice, to add to, change, update, or modify this

Policy by posting such addition, change, update, or modification on our website. Any such

addition, change, update, or modification will be effective immediately upon posting on our

website.

6. Eligibility; Compliance with Children Privacy Issues

We do not knowingly collect or maintain personally identifiable information from children under

the age of 13. If you know of someone using our website that is under the age of 13, please

notify us immediately. If we are informed that anyone under the age of 13 is using the website,

his or her account will be cancelled and all of his or her information will be deleted from the

website as soon as practical.

760997 (Updated August, 2013) 5 © 2013 SouthWestern Association

7. How to Contact Us

If you have any questions or concerns about this Policy, or need to request corrections or

deletions to the information you have provided to us, then please contact our Data Policy

Manager Matt Podach by email at:mpodach@ficdealerships.com or 419-424-0471.