Privacy Policy
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INTRODUCTION
This Privacy Policy explains what information Terrain Water LLC, and its subsidiaries or affiliated entities (collectively “Terrain” “we” or “us”) collects about you, what we do with the information, and how you can control your information in connection with your use of our website: www.terrainwater.com (our “Site”) and our online tools, mobile or software applications, such as the TerrainIQ App (the “App”). By accessing or using the Site (www.terrainiq.com) or the App, you agree to the terms of this Privacy Policy. The term “personal data” can have different meanings depending on applicable law. In general, we use the term “personal data” to mean information that identifies an individual or that relates to an identified or identifiable individual, but we will treat information we collect from you as personal data wherever necessary under applicable law.
You can navigate to any of the sections of this Privacy Policy using the links below:
- Why We Collect Your Information
- Information We Collect About You
- Interest-Based Advertising
- How We Share Your Information
- Third-Party Analytics
- How Long We Retain Your Information
- How You Can Control Your Information
- How We Protect Your Information
- Children’s Personal Data
- Changes to This Privacy Policy
- Additional Information for Residents of Certain Jurisdictions
- Contact Us
WHY WE COLLECT YOUR INFORMATION
We collect information about you for the following reasons:
- To manage and respond to your inquiries concerning our products and services.
- For our general administrative purposes. For example, we may need your information to tell you about important changes to our Site and/or the App, provide customer service to you, or respond to inquiries regarding our products and services.
- For research and development purposes, such as to develop and improve our products and services, assess and compare product performance, create other products and services or analyze customer behaviors and market trends.
- For our internal efforts to operate and improve our business, such as improving the quality of our user experience, products and services, forecasting, and identifying ways we can operate more efficiently or expand our business.
- To evaluate your job application for an open position.
- For advertising and marketing purposes. This could include sending you information about the products, services, promotions, surveys, and events we offer, enhancing and personalizing the content we provide to you, and enhancing and personalizing our communications with you about our products and services, including advertising and marketing communications. WE WILL NOT SHARE YOUR PERSONAL DATA WITH ANY NON-AFFILIATED THIRD-PARTY VENDOR OR WEBSITE OWNER FOR THEIR OWN MARKETING PURPOSES WITHOUT YOUR CONSENT.
- For engaging with you through social-media. We may use social-media accounts (including Facebook, Twitter, and LinkedIn) to engage with the public. When you engage with us through our social media channels, the platform providers will also process information about you. For further information, please consult the privacy policy of the applicable platform provider.
- For engaging with you through third-party sites. We may link to third-party sites to provide certain resources to you to improve your user experience. When you engage with such third-party sites, the third-party website provider may also process information about you. For further information, please consult the privacy policy of the website provider.
- For security purposes, as necessary to help us protect against, identify, or investigate fraud or other criminal activity.
- To provide functionality of the App, such as purchases of products, services, payment of user fees, account management, usage, messaging, push notifications, and location features with or for the App.
- For other legal purposes, if we have a legal obligation, or need to pursue or defend against legal claims, that involves the use of your information.
- For communication purposes, to get in touch with you in connection with any of the reasons discussed above.
- For other purposes to which you expressly consent.
INFORMATION WE COLLECT ABOUT YOU
We collect the following information about you:
- Information you provide. We may collect your contact information, including your first and last name, company name, email address, mailing address, zip code, phone number, username, and password; preferences from use of the App or the Site; payment information (processed by third-party payment processors); or other information about you that you voluntarily send to us through the Site, the App, or through communications with us. We may collect additional personal data when you fill out a job application on our Site, such as a resume or CV, desired compensation, educational background, employment history, or social media profile, username, address, or similar identifier. If you are applying for a job through our Site, please carefully consider the information that is contained within your resume and ensure that you are not providing any sensitive or other information that is not necessary for your job application or job search.
- Information provided by others. Those applying for jobs through our Site may provide information about you as one of their references. Information provided by others in this manner may include your first and last name, company, position, and contact information.
- Information inferred. We may infer information from data described above (e.g., using job titles from a profile to infer industry, seniority, and compensation bracket; using graduation dates to infer age or using first names or pronoun usage to infer gender identity, etc.).
- Information gathered automatically. When you use the Site or App, we may automatically collect information, such as your IP address, device ID, mobile device manufacturer, mobile service provider, operating system, App version, and App crash logs directly or through our third-party analytics providers. We (and third parties acting on our behalf) may collect this information directly from your browser interacting with our Site or App. Additionally, we may also collect, through the App, device permissions and signals, including camera, microphone, and photo library access (when enabled and consented to by the user). We may also collect information through cookies and similar technologies, which typically work by placing a small file (like a text file or graphic) on your computer or smartphone, and the file is used to identify your device and to collect information. In this Privacy Policy, we use the term “cookies” in general to refer to these technologies. Cookies are typically assigned to one of four categories, depending on their function and intended purpose:
- Essential Cookies: These cookies are necessary for our Site, and App to operate properly and enable you to use its features.
- Performance Cookies: These cookies collect information about how you use our Site, and App and are used to improve and personalize future web experiences and deliver content more relevant to your interests. Our promotional communications may include these cookies to measure performance and deliver more relevant offers/content based on preferences.
- Functional Cookies: These cookies allow our Site, and App to remember choices you make and provide more personal features as well as services you have asked for. The information collected may be anonymized and is not used to track your browsing activities on other websites.
Marketing Cookies: We use cookies to help us deliver our content and advertising. You can find more information below on advertising, including your choices with respect to these cookies.
INTEREST-BASED ADVERTISING
Some content or applications, including advertisements, on the Site or within the App are served by third-parties, including advertisers, ad networks and servers, content providers, and application providers. These third parties may use cookies alone or in conjunction with web beacons or other tracking technologies to collect information about you when you use our Site or App. The information they collect may be associated with your personal information or they may collect information, including personal information, about your online activities over time and across different websites and other online services. They may use this information to provide you with interest-based (behavioral) advertising or other targeted content.
We do not control these third parties’ tracking technologies or how they may be used. If you have any questions about an advertisement or other targeted content, you should contact the responsible provider directly. We do, however, strive to provide you with choices regarding the personal information you provide to us and have created mechanisms to provide you with the following control over your information:
- Tracking Technologies and Advertising: You can set your browser or settings to refuse all or some browser cookies, or to alert you when cookies are being sent. If you disable or refuse cookies, please note that some parts of our Site or App may then be inaccessible or not function properly.
- Disclosure of Your Information for Third-Party Advertising: If you do not want us to share your personal information with unaffiliated or non-agent third parties for promotional purposes, you can opt-out by sending us an email with your request to info@terrainwater.com.
- “Do Not Track” Signals. Some browsers have “do not track” features that allow you to tell a website not to track you. These features are not all uniform. We do not currently respond to those signals. Instead, we collect, use, and share information as described in this Privacy Policy regardless of a “do not track” choice.
- Location-based information. When you access the Site or the App, we may collect information related to your location through your device’s GPS, Wi-Fi, or Bluetooth. Your device may provide ways to prevent sharing your location, like disabling location-based services or turning off your GPS, Wi-Fi, or Bluetooth. You can disable location-based services, however, you may not be able to use certain features of the Site or the App.
HOW WE SHARE YOUR PERSONAL DATA
We may disclose your personal information to a third party for a business purpose. We may share information about you:
- With others working for us, which includes third parties that perform services on our behalf such as running our Site and the App, sending communications for us, and executing marketing programs and promotions.
- With other third parties, such as law enforcement or other government entities: (1) if we believe there has been a violation of our policies; (2) if we believe that someone may be causing injury to our rights or property, to other users, or to anyone else; (3) to provide information to law enforcement; or (4) as required by law.
- As part of a corporate restructuring, such as a liquidation, reorganization, merger, sale of the company, consolidation, change of control, asset or stock acquisition/disposition, or other corporate combination. If that happens, we will use reasonable efforts to make sure the transferee uses your information in a manner consistent with this Privacy Policy.
We will not share information about you with any non-affiliated third-party vendor or website owner for their own marketing purposes without your consent.
We do not sell personal information.
THIRD-PARTY ANALYTICS
We use third-party providers, including Google Analytics, Google Analytics for Firebase, and Apple App Analytics, to collect and analyze information about your use of the Site and the App. These providers may collect information about your online activities over time and across third-party websites and other online services using cookies and other tracking technologies discussed above in connection with your use of the Site and App. You may be able to manage how these providers collect information by changing your browser’s cookie settings. Google’s Privacy & Terms (https://policies.google.com/privacy?hl=en-US) explains how Google Analytics collects and processes information. Google Analytics for Firebase Privacy & Terms (https://firebase.google.com/support/privacy) explains how Google Analytics for Firebase collects and processes information. Apple App Analytics (https://www.apple.com/legal/privacy/data/en/app-analytics/) explains how Apple App Analytics collects and processes information.
HOW LONG WE RETAIN YOUR INFORMATION
In general, we keep information about you for as long as we need it to carry out the purposes described above, and as necessary to comply with our records-management policies. We also keep your personal data as we reasonably determine to be necessary to exercise or preserve our legal rights, or comply with other legal obligations we might have, such as in connection with litigation. At the end of the retention period, your personal data will be deleted, destroyed or de-identified.
HOW YOU CAN CONTROL YOUR INFORMATION
Where you have provided your consent for us to use information about you, you may request to withdraw that consent for future uses of such information by contacting us at info@terrainwater.com.
You may opt out of receiving future commercial email from us by following any opt-out instructions in emails we send you, or by contacting us at the address provided below. Please be aware that if you opt out of receiving commercial messages from us, it may take up to ten (10) business days for us to process your opt-out request, and you may receive commercial messages from us during that period.
Even if you opt out of receiving promotional and marketing material, we may still correspond with you about your existing or past business relationships with us. We may also access and view your information in the course of maintaining and improving the Site, the App, and our products or services.
HOW WE PROTECT YOUR INFORMATION
CHILDREN’S PERSONAL DATA
In light of the importance of protecting children’s privacy, we do not collect, process or use on our Site, or App, any information relating to an individual whom we know to be under 16 years old without the prior, verifiable consent of his or her legal representative. Such legal representative has the right, upon request, to view the information provided by the child and/or to require that it be deleted by contacting us at the address provided below. If we learn that we have collected or received personal information from a child under 16 years old without verifiable consent of his or her legal representative, we will delete that information.
CHANGES TO THIS PRIVACY POLICY
ADDITIONAL INFORMATION FOR RESIDENTS OF CERTAIN JURISDICTIONS
California
This section applies solely to all visitors to and users of the Site or users of the App, who reside in the State of California. In addition, this section applies to employment-related personal information collected from California-based employees, job applicants, contractors, or similar individuals.
Categories of Information Collected Within the Last 12 Months
We have collected the following categories of personal information from California residents within the last 12 months:
| Category | Examples | Collected |
|---|---|---|
| Identifiers | A real name, alias, postal address, unique personal identifier, online identifier, Internet Protocol address, email address, account name, Social Security number, driver’s license number, passport number, or other similar identifiers. | YES |
| Personal information categories listed in the California Customer Records statute (Cal. Civ. Code § 1798.80(e)) |
A name, signature, Social Security number, physical characteristics or description,
address, telephone number, passport number, driver’s license or state identification
card number, insurance policy number, education, employment, employment history,
bank account number, credit card number, debit card number, or other financial,
medical, or health insurance information.
Some personal information included in this category may overlap with other categories. |
YES |
| Protected classification characteristics | Age (40 years or older), race, color, ancestry, national origin, citizenship, religion or creed, marital status, medical condition, physical or mental disability, sex (including gender identity, expression, pregnancy), sexual orientation, veteran or military status, genetic information. | NO |
| Commercial information | Records of personal property, products or services purchased, obtained, or considered, or other purchasing or consuming histories or tendencies. | YES |
| Biometric information | Genetic, physiological, behavioral, and biological characteristics such as fingerprints, faceprints, voiceprints, iris or retina scans, keystroke patterns, gait, sleep, health, or exercise data. | NO |
| Internet or other similar network activity | Browsing history, search history, and information regarding interaction with a website, application, or advertisement. | YES |
| Geolocation data | Physical location or movements. | NO |
| Sensory data | Audio, electronic, visual, thermal, olfactory, or similar information. | NO |
| Professional or employment-related information | Current or past job history or performance evaluations. | YES |
| Non-public education information | Education records directly related to a student such as grades, transcripts, class lists, student schedules, identification codes, financial information, or disciplinary records. | NO |
| Inferences drawn from other personal information | Profile reflecting preferences, characteristics, psychological trends, predispositions, behavior, attitudes, intelligence, abilities, and aptitudes. | NO |
Use and Disclosure of Sensitive Personal Information
We do not use or disclose your sensitive personal information other than to:
- To perform the services or provide the goods reasonably expected by you when you request those goods or services.
- To prevent, detect, and investigate security incidents that compromise the availability, authenticity, integrity, and or confidentiality of stored or transmitted personal information, provided that the use of your personal information is reasonably necessary and proportionate for this purpose.
- To perform services on behalf of the business, provided that the use of your personal information is reasonably necessary and proportionate for this purpose.
Right to Access Personal Information
You have the right to request that we disclose certain information to you about our collection and use of your personal information. Once we receive and confirm your verifiable consumer request, we will disclose to you:
- The categories of personal information we collected about you.
- The categories of sources for the personal information we collected about you.
- Our business or commercial purpose for collecting personal information about you.
- The categories of third parties with whom we share that personal information.
- The specific pieces of personal information we collected about you (also called a data portability request).
- If we sold or disclosed your personal information for a business purpose, two separate lists disclosing: (a) sales, identifying the personal information categories that each category of recipient purchased; and (b) disclosures for a business purpose, identifying the personal information categories that each category of recipient obtained.
Right to Delete Personal Information
You have the right to request that we delete any of your personal information that we collected from you and retained, subject to certain exceptions. Once we receive and confirm your verifiable consumer request, we will delete (and direct our service providers to delete) your personal information from our records, unless an exception applies.
We may deny your deletion request if retaining the information is necessary for us or our service provider(s) to:
- Complete the transaction for which we collected the personal information, provide a good or service that you requested, take actions reasonably anticipated within the context of our ongoing business relationship with you, fulfill the terms of a written warranty or product recall conducted in accordance with federal law, or otherwise perform our contract with you.
- Detect security incidents, protect against malicious, deceptive, fraudulent, or illegal activity, or prosecute those responsible for such activities.
- Debug products to identify and repair errors that impair existing intended functionality.
- Exercise free speech, ensure the right of another consumer to exercise their free speech rights, or exercise another right provided for by law.
- Comply with the California Electronic Communications Privacy Act (Cal. Penal Code § 1546 seq.).
- Engage in public or peer-reviewed scientific, historical, or statistical research in the public interest that adheres to all other applicable ethics and privacy laws, when the information’s deletion may likely render impossible or seriously impair the research’s achievement, if you previously provided informed consent.
- Enable solely internal uses that are reasonably aligned with consumer expectations based on your relationship with us.
- Comply with a legal obligation.
- Make other internal and lawful uses of that information that are compatible with the context in which you provided it.
Right to Correct Inaccurate Personal Information
You have the right to request that we correct any inaccurate personal information we maintain about you.
Right to Opt Out of Sharing Personal Information
You have the right to request that we stop all sharing of your personal information with third parties for purposes of cross-context behavioral advertising.
Non-Discrimination
We will not discriminate against you for exercising any of your rights under the California Consumer Privacy Act of 2018 (“CCPA”). Unless permitted by the CCPA, we will not:
- Deny you goods or services.
- Charge you different prices or rates for goods or services, including through granting discounts or other benefits, or imposing penalties.
- Provide you a different level or quality of goods or services.
- Suggest that you may receive a different price or rate for goods or services or a different level or quality of goods or services.
California’s “Shine the Light” law (Civil Code Section § 1798.83) permits California residents to request certain information regarding our disclosure of personal information to third parties for their direct marketing purposes. To make such a request, please send an email to info@terrainwater.com.
Utah (effective December 31, 2023)
This section applies solely to all visitors to and users of the website who reside in the State of Utah and are acting in an individual or household context.
Utah provides their state residents with rights to:
- Confirm whether we process their personal information.
- Access and delete certain personal information.
- Data portability.
- Opt-out of personal data processing for targeted advertising and sales.
Other States
Other state consumer privacy laws may provide their residents with additional rights regarding our use of their personal information. Depending on your state of residency, you may have certain rights related to your personal data, including:
- Access and Data Portability. You may confirm whether we process your personal data and access a copy of the personal data we process. To the extent feasible and required by state law, depending on your state, data will be provided in a portable format. Depending on your state, you may have the right to receive additional information and it will be included in the response to your access request.
- You may request that we correct inaccuracies in your personal data that we maintain, taking into account the information’s nature and processing purpose.
- You may request that we delete personal data about you that we maintain, subject to certain exception under applicable law.
- Opt Out of Using Personal Data for Targeted Advertising, Profiling, and Sales. You may request that we do not use your personal data for these purposes.
Important: The exact scope of these rights vary by state. There are also several exceptions where we may not have an obligation to fulfill your request.
Exercising State-Specific Rights
To exercise any of the rights described above, please submit a verifiable consumer request to us by emailing us at info@terrainwater.com or writing to us at Terrain Water LLC, 2761 43rd St N. Suite #105 Fargo, ND 58102.
Only you, or someone legally authorized to act on your behalf, may make a verifiable consumer request related to your personal information.
You may only make a verifiable consumer request for access or data portability twice within a 12-month period. The verifiable consumer request must:
- Provide sufficient information that allows us to reasonably verify you are the person about whom we collected personal information or an authorized representative.
- Describe your request with sufficient detail that allows us to properly understand, evaluate, and respond to it.
We cannot respond to your request or provide you with personal information if we cannot verify your identity or authority to make the request and confirm the personal information relates to you. Making a verifiable consumer request does not require you to create an account with us. However, we do consider requests made through your password protected account sufficiently verified when the request relates to personal information associated with that specific account.
We will only use personal information provided in a verifiable consumer request to verify the requestor’s identity or authority to make the request.
Response Timing and Format
We endeavor to respond to a verifiable consumer request within 45 days of its receipt. If we require more time, we will inform you of the reason and extension period in writing.
If you have an account with us, we will deliver our written response to that account. If you do not have an account with us, we will deliver our written response by mail or electronically, at your option. For data portability requests, we will select a format to provide your personal information that is readily useable and should allow you to transmit the information from one entity to another entity without hindrance.
We do not charge a fee to process or respond to your verifiable consumer request unless it is excessive, repetitive, or manifestly unfounded. If we determine that the request warrants a fee, we will tell you why we made that decision and provide you with a cost estimate before completing your request.