Privacy policy

Boyer Valley Company, LLC. Privacy Policy

Updated June 15, 2018

Thank you for visiting our website (the “Website”). Boyer Valley Company, LLC. (“BVC”, “We” or “Our”) value and respect your privacy, and this privacy policy (the “Privacy Policy”) is designed to assist you in  understanding how we collect, use, and protect any information you may provide to us. We do not sell, rent or market your Personal Information to third parties and have no intention of doing so in the future.  Your use of the Website, and continued use of the Website following any changes to the Privacy Policy,  signifies your consent to be legally bound by both the terms and conditions of this Privacy Policy. If you  do not agree to the terms of the Privacy Policy, please do not use the Website or provide any information  to us. 

The Information We Collect

Except as otherwise provided in this Privacy Policy, BVC will not collect any Personal Information about you (e.g., your name, postal address, date of birth, phone numbers, credit card numbers or email  address, the latter of which, along with your domain name, may be automatically recognized when you  visit our Website) through our Website unless you provide it to us voluntarily. If you do not want your Personal Information collected and used as identified in this Privacy Policy, do not submit it to us. 

Personal information that you provide through the Website will be used to operate the Website, deliver the services you have requested, and inform you of other products or services from BVC and its affiliates  that may be of interest to you. BVC may also contact you to conduct surveys or research regarding your  opinion of current services or of potential new services. We only ask for as much Personal Information as  is necessary to complete the activity you are requesting. As such, if you choose not to provide the Personal Information that we ask for, it is possible that you may not be able to participate in that activity or fully benefit from the functions of the Website.  

Opting In and Opting Out

You will usually be asked to agree to receive communications about special offers or programs from BVC  or our affiliated brands or divisions at the time you provide your email address to us. In the event that you  provide your email address via a channel that does not include a mechanism for you to affirmatively OptIn,  such as by email, you agree that by providing your email address, you are choosing to Opt-In and that  you will be responsible for opting-out of receiving future communications regarding special offers or  programs. 

Usage Information

We may also use standard web measurement and tracking technologies such as “cookies,” web server  logs, or other statistics programs to collect Usage Information and track and record how you use the  Website, which means that when you view the BVC Website, we may store some information on the hard  disk of your computer. The purpose of a cookie is to tell the Web server that you have returned to a  specific page. For example, if you register with the BVC Website, a cookie helps the Website recall your  specific information on subsequent visits so you can more easily use the BVC Website. Usage  Information helps us measure the success of the Website and its features or pages and to improve your  online experience. Your browser may have an option that allows you to accept or reject cookies, or to  receive notification when a cookie is sent. However, please note that the use of such restrictive browser settings may limit your use of the Website. 

In addition, we may use web beacons (also known as “action tags” or “one pixel .gif files”) to recognize  you when you visit the Website. We do not use spyware, adware or any other similarly intrusive  software. We may also use other technology, such as clear GIFs, to provide us with other important  anonymous information, such as when an e-mail has been opened. 

Use of Information Collected

We use your information for only the following business purposes:

• to provide the services you request;

• to respond to inquiries we receive from you or in connection with a transaction you initiate;

• to analyze, manage and improve the Website;

• to notify you of special offers and other services that we believe may be of interest to you or to

send you current mailings (only if you have provided an Opt-In);

• to notify you that you have been selected as a winner of a contest or sweepstakes;

• to help us diagnose problems with our server or other technical issues relating to the performance

of the Website; or

• for any other specific business purpose stated at the time you provide your information.

In compliance with applicable laws, it is our policy to require only the Personal Information necessary to complete the specific transaction that you request. We do not condition your participation in any specific  activity on our Website on the disclosure of more Personal Information than is reasonably necessary to  complete that activity. Information such as traffic patterns and the number of page visits help us to further  develop and improve the Website layout to better meet your needs. You expressly authorize us to share your personal information with certain third parties retained by BVC, who also abide by the terms of this Privacy Policy, to the extent necessary to perform any of the business purposes listed above. Please  also note that in connection with certain requests, you could be transferred to a different web site, which  has a different privacy policy, so please review its privacy policy before using that website. If you do not  want to be contacted for these purposes or if you would like to obtain a copy of the personal information gathered by this Web site or correct or delete such information from our database, you can always contact our data protection officer with your concern, question or complaint. The data protection officer’s name and contact information are as follows: Jody Jenkin, Boyer Valley Company, LLC., 2425 SE Oak Tree Court, Ankeny, IA 50021, jody.jenkin@boyervalley.com, 515-289-7600. 

Your personal data is stored by BVC on its servers, and the servers of cloud-based database management services BVC engages, located in the United States. BVC retains data for the duration of  your relationship with BVC and for a period of time thereafter to use account information for future transactions, to analyze the data for BVC’s own operations, and for historical and archiving purposes associated with BVC’s business. For more information on where and how long your personal data is stored, and for more information on your rights of erasure and portability, please contact BVC’s data protection officer at jody.jenkin@boyervalley.com. 

Disclosure of Your Information

We may disclose the information we collect from and about you: (a) when we have reason to believe that such disclosure is necessary to identify, contact or bring legal action against someone who may be  causing (whether intentionally or unintentionally) injury to or interference with our rights or property,  customers or other users of the Website, or anyone else who could be harmed by such activities, or is appropriate or necessary to take precautions against liability, investigate and defend against any thirdparty claims or allegations, and/or protect the security or integrity of the Website; (b) to respond to judicial process and provide information to law enforcement agencies, as permitted or required by law, or in the good-faith belief that such action is necessary to comply with state and federal laws; (c) to our business partners for research, analytical and marketing purposes, and/or to our subsidiaries, affiliated companies, or other businesses or persons for the purpose of processing any request on your behalf, who will also  abide by the terms of this Privacy Policy; or (d) with your consent. We may sell or buy other businesses  or entities. In such event, we may transfer or assign the information we have collected as part of such merger, acquisition, sale, or other change of control. In such transactions, your Personal Information may be included in the transferred business assets. Except as explained above, we will not share any of your personal information with any third party, unless we have received your express permission to do so. 

Linked Sites

Our Website may contain links to other websites, including social media sites, which may have privacy  policies that differ from our own. We are not responsible for the collection, use or disclosure of  information collected through third-party websites and expressly disclaim any liability related to such collection, use or disclosure. We are also not responsible for any information or content contained on such sites. Links to other websites are provided solely as a convenience. Your browsing, use and interaction on any other websites, including websites which have a link to the Website, are subject to that website’s own rules and policies. Accordingly, we recommend that you review the privacy policy posted on any website that you may access through, or which links to the Website. Please note that if you provide information to us via a social media site or participate in a social media site linked to the Website, you consent to our use of your information for any reason as if it were submitted to us directly via the Website. 

Security Procedures

We take commercially reasonable precautions and have implemented commercially reasonable technical  measures intended to protect against the risks of unauthorized access to, erroneous disclosure of, and unlawful interception of Personal Information submitted via the Website. However, your email transmissions and/or other communications containing Personal Information may be unlawfully intercepted or accessed by third parties and/or the Website may be subject to hostile network attacks or administrative errors. We cannot and do not guarantee the security of any information transmitted over  the Internet. Once we receive your Personal Information, we take steps that we believe are commercially  reasonable to limit access to your Personal Information to only those employees and service providers  whom we determine need access to the Personal Information to provide the requested products,  services, offers or opportunities that may be of interest to you. However, even after we receive your  Personal Information, we cannot guarantee that your Personal Information may not be accessed,  disclosed, altered, or destroyed as a result of a breach of our commercially reasonable efforts or as a  result of any other event beyond our reasonable control. Accordingly, we cannot and do not guarantee  that your Personal Information is completely secure and safe from such risks. For the avoidance of  doubt, WE expressly disclaim any representation or warranty, whether express or implied, with respect to  ensuring, guaranteeing or otherwise offering any definitive promise of security in connection with your  PERSONAL Information or Usage Information. 

Special Note to International users

By using the Website, you agree and acknowledge that the Website is hosted in the United States. If you  are attempting to access the Website from a physical location within the European Union, Asia, or any  other region with laws or regulations governing personal data collection, use, and disclosure that differ from United States laws, please be advised that through your continued use of the Website, which is governed by U.S. law, and the Privacy Notice, you are transferring your Personal Information to the United States and, except as may be required by other applicable rules, regulations, case law, and/or international treaties resulting in the application of the laws of a jurisdiction other than the United States or the State of Iowa, you consent to (i) such transfer, (ii) the application of the laws of the United States and/or the State of Iowa with respect to any dispute arising from or related to the Privacy Policy and/or your use of the Website and (iii) the exclusive jurisdiction of the courts of the State of Iowa and the federal courts sitting in Des Moines, Iowa. Any claim or dispute between you and us that arises in whole or in part from your use of the Website or in connection with the Privacy Policy shall be decided exclusively by a court of competent jurisdiction located in Des Moines, Iowa, U.S.A. Each party hereby agrees that such court shall have personal jurisdiction and venue with respect to such party, and each party hereby submits to the personal jurisdiction and venue of such courts and waives any objection based on inconvenient forum. 

For European Union residents: Information we collect from you will be processed in the United States.  The United States has not sought nor received a finding of “adequacy” from the European Union under Article 45 of the GDPR. We rely on derogations for specific situations as set forth in Article 49 of the GDPR. In particular, we collect and transfer to the U.S. personal data only with your consent, to perform a contract with you, or to fulfill a compelling legitimate interest of BVC in a manner that does not outweigh your rights and freedoms. BVC endeavors to apply suitable safeguards to protect the privacy and security of your personal data and to use it only consistent with your relationship with BVC and the practices described in this Privacy Policy. 

Changes & Updates to the Privacy Policy

From time to time, we may revise the Privacy Policy to reflect company policy and customer  feedback. We encourage you to periodically review this Privacy Policy to stay current on how we are protecting this information. To help you stay current of any changes, we will note the date the Privacy Policy was last updated but will not provide any direct notice to you. Your use of the Website following the posting of any revised Privacy Policy shall be deemed acceptance of the revised policy, so we strongly recommend that you check back the Privacy Policy periodically. 

If you disagree with the terms of any Privacy Policy at any time, your sole remedy is to terminate your use  of the Website and inform us of such termination as described in Privacy Policy. Continued use of the Website constitutes your agreement to any Privacy Policy as in effect. 

Miscellaneous

If any part of the Privacy Policy is determined to be invalid or unenforceable pursuant to applicable law,  then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of the Privacy Policy shall continue in force and effect. 

THE BOYER VALLEY COMPANY