Terms & Privacy

Please read these Terms of Use carefully before accessing this web site.

By accessing, browsing, copying, and/or using any information, communication, software, photos, figures, drawings, scripting, test video, graphics, music, sounds, images or other material and services (collectively “Content”) contained at this website and other Wilbur-Ellis websites that are linked to this site (collectively, the “Site”), you agree to be bound by the terms and conditions described herein. As used in these Terms of Use, “Wilbur-Ellis” means Wilbur-Ellis Holdings, Inc. and its affiliates and subsidiaries.

Wilbur-Ellis maintains this Site and in exchange for accessing, browsing, copying and/or using the Site, you agree to be bound by these terms and to comply with all applicable laws and regulations, including without limitation U.S. export and re-export control laws and regulations. You represent you have the legal authority to accept the Site Terms of Use on behalf of yourself or any party you represent. If any provision of the Site Terms of Use is held to be invalid by any law, rule, order or regulation of any government or by the final determination of any state or federal court, such invalidity shall not affect the enforceability of any other provision of the Site Terms of Use. If you do not agree to these terms, please do not use the Site. The Site is controlled and operated in whole or in part by Wilbur-Ellis in the United States. BY ACCESSING THE SITE YOU AGREE THAT THE STATUTES, LAWS, AND REGULATIONS OF THE UNITED STATES AND THE STATE OF CALIFORNIA, U.S.A., WITHOUT REGARD TO CONFLICTS OF LAWS PRINCIPLES, WILL APPLY TO ALL MATTERS RELATING TO USE OF THE SITE, AND YOU AGREE THAT ANY LITIGATION SHALL BE SUBJECT TO THE EXCLUSIVE JURISDICTION OF THE STATE OR FEDERAL COURTS IN CALIFORNIA, U.S.A. If you access the Site from other locations you do so at your own risk and you are responsible for compliance with applicable local laws. Wilbur-Ellis makes no representation that the Content in the Site is appropriate or available for use in other locations, and access to it from territories where the Content may be illegal is prohibited. You acknowledge that Wilbur-Ellis reserves the right in its sole discretion to refuse or terminate access to the Site by you at any time.

This Site contains documentation and other information related to products and services of Wilbur-Ellis. This documentation is provided as a courtesy to Wilbur-Ellis’s customers and potential customers. Wilbur-Ellis assumes no obligation to correct any errors contained herein provided to a user. Wilbur-Ellis makes no commitment to update this documentation. Wilbur-Ellis reserves the right to change these terms and conditions from time to time at its sole discretion. In the case of any violation of these rules and regulations, Wilbur-Ellis reserves the right to seek all remedies available by law and in equity for such violations. These rules and regulations apply to all visits to the Site, both now and in the future.

Copyright Notice

The Content of this Site is owned and copyrighted by Wilbur-Ellis. Copyright © 2016 Wilbur-Ellis Holdings, Inc. All rights reserved. Except as stated herein, none of the material may be copied, reproduced, distributed, republished, downloaded, displayed, posted or transmitted in any form or by any means including, but not limited to, electronic, mechanical, photocopying, recording or otherwise, without the prior written consent of Wilbur-Ellis. You also may not “mirror” any material contained in this Site without Wilbur-Ellis’s express written consent. Permission is granted to display, copy, distribute and download the materials on this Site solely for the purpose of doing business with Wilbur-Ellis, provided you don’t modify or alter the materials and you retain any and all copyright and other proprietary notices contained in these materials. This permission terminates automatically if you breach any of these terms or conditions. Upon termination, you must immediately destroy any downloaded and printed materials. Any unauthorized use of any material contained on this Site may violate copyright laws, trademark laws, the laws of privacy and publicity, and communications regulations and statutes.

The trademarks, logos and service marks (“Marks”) displayed on this website are the property of Wilbur-Ellis or other third parties. Users are not permitted to use these Marks without the prior written consent of Wilbur-Ellis and such third party which may own the Mark.

Access to Password Protected/Secure Areas

Access to and use of password protected and/or secure areas of the Site is restricted to authorized users only. Unauthorized individuals attempting to access these areas of the Site may be subject to prosecution.

Links to Other Sites

This Site may contain links to other web sites operated by third parties. You acknowledge that Wilbur-Ellis neither endorses nor is affiliated with the linked site and is not responsible for and disclaims all liability for any content that appears on the linked site. You also acknowledge that the owner of the linked site neither endorses nor is affiliated with Wilbur-Ellis.

Nothing contained in these Terms of Use shall be construed as conferring by implication, estoppel, or any other legal theory, a license or right to any patent, trademark, copyright, or other intellectual property right, except those expressly provided herein. The products, processes, software, and other technology described at this Site may be the subject of other intellectual property rights owned by Wilbur-Ellis or by third parties, and no licenses are granted herein.

U.S. Government Restricted Rights

The materials and documentation are provided with “RESTRICTED RIGHTS”. Use, duplication, or disclosure by the Government is subject to restrictions as set forth in FAR52.227-14 and DFAR252.227-7013 et seq. or its successor. Use of the documentation and materials by the Government constitutes acknowledgment of Wilbur-Ellis’s proprietary rights in them.

Special Admonitions For International Use

Recognizing the global nature of the Internet, you agree to comply with all local rules regarding online conduct and acceptable Content. Specifically, you agree to comply with all applicable laws regarding the transmission of technical data exported from the United States or the country in which you reside.

Products and Services Availability

Because international information is provided at this Site, not all products or programs mentioned will be available in your country. Please contact your local sales representative for information as to products and services available in your country.

Performance Information

Performance tests and ratings are measured using specific materials and/or components and reflect the approximate performance of Wilbur-Ellis products as measured by those tests. Any difference in materials or configuration may affect actual performance. Buyers should consult other sources of information to evaluate the performance of products they want to purchase.

Ownership of Materials

Materials are copyrighted and are protected by worldwide copyright laws and treaty provisions. They may not be copied, reproduced, modified, published, uploaded, posted, transmitted, or distributed in any way, without Wilbur-Ellis’s prior written permission. Except as expressly provided herein, Wilbur-Ellis and its suppliers do not grant any express or implied right to you under any patents, copyrights, trademarks, or trade secret information.

Disclaimers

NO WARRANTIES: THE DOCUMENTATION AND CONTENT PROVIDED AT THIS SITE IS “AS IS” WITHOUT ANY EXPRESS OR IMPLIED WARRANTY OF ANY KIND INCLUDING WARRANTIES OF MERCHANTABILITY, NONINFRINGEMENT OF INTELLECTUAL PROPERTY, INCLUDING PATENTS, COPYRIGHTS OR OTHERWISE, OR FITNESS FOR ANY PARTICULAR PURPOSE. IN NO EVENT SHALL WILBUR-ELLIS OR ITS SUPPLIERS BE LIABLE FOR ANY DAMAGES WHATSOEVER (INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF PROFITS, BUSINESS INTERRUPTION, COST OF REPLACEMENT GOODS OR LOSS OF OR DAMAGE TO INFORMATION) ARISING OUT OF THE USE OF OR INABILITY TO USE THE DOCUMENTATION OR CONTENT PROVIDED ON THIS SITE, EVEN IF WILBUR-ELLIS HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU BECAUSE SOME JURISDICTIONS PROHIBIT THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES.

PRIVACY

Last Updated: January 19, 2023

Introduction and Scope

This Privacy Policy (“Policy”) reflects the online privacy practices of the Wilbur-Ellis Holdings, Inc., our affiliates and subsidiaries (including but not limited to Wilbur-Ellis Company LLC (Agribusiness), Wilbur-Ellis Nutrition, LLC, and Nachurs Alpine Solutions, LLC) (“Wilbur-Ellis,” “us,” “our,” and “we”). This Policy generally outlines our principles in collecting, using and safeguarding your information online, as well as the circumstances under which we disclose it.

This Policy applies to information about our individual customers in the United States and applies to all persons who use our Web site, mobile applications, electronic services, platforms, social networking sites, or any of our area-specific Web sites that link to or reference this Policy (collectively, the “Site”), as well as all electronic communications from us.

Please read this Policy carefully and review it from time to time for the latest information about our privacy practices. The most recent version is posted at https://www.wilburellis.com/privacy. By using the Site, you accept and agree to the terms of the Policy, including future changes or amendments. If you do not agree with our privacy practices, please do not provide us with your personal information or interact with the Site.

Information We Collect

We collect information when you interact with us and the Site. We generally collect such information to service your account, provide goods or services requested by you, understand the use of our Site and make improvements, and to provide benchmarking, analytics, mapping, and agricultural input usage utilizing aggregated data from users, including you.

We collect, for example, the following types of information:

Contact Information: your name, shipping address, billing address, email address, telephone number, fax number, mobile application user name, social networking user names, and other addresses where you are able to receive communications.

Financial Information: payment information, payment history information, and credit worthiness.

Transaction Information: information you provide when you interact with us and the Site, and information about the products or services we sell or provide to you.

Geographic Information: the geographic location of your mobile device and the boundaries and name of your field.

Other Identifiers: license information, company affiliation, and information that permits physical or online contacting, such as IP address or the unique identifier of your mobile device.

Cookies: information that a web server sends to your browser that stores information about your account, preferences, and use of the Site.

Device Data: information concerning a device that you use to access or interact with the Site, such as browser type, system settings, software platform, and firmware.

Your Information Management and Do Not Track Disclosures

Our Site does not use Cookies for tracking purposes and does not feature integrated third parties. Consequently, we do not process web browser “do not track” signals. In addition, we will not collect your geo-location information without your express consent. Users of the mobile application will be asked to provide their express consent before entering the mobile application for the first time.

You may manage how your browser and mobile device handle certain Cookies by adjusting the privacy and security settings. You may also manage the sharing of certain Device Data by adjusting the settings on your mobile device.

You may manage the sharing of certain information when you connect with us through social networking platforms or applications. Please refer to the social networking website or application for its privacy policy and instructions on how to adjust permissions and manage interactivity.

You have the option of making changes to your personally identifying information, restricting access to your personally identifying information, or requesting that we delete your account by calling our Privacy Policy Line at 1-888-988-6177. We may retain and use your personally identifying information as necessary to comply with our legal obligations, resolve disputes, enforce our agreements, and maintain a record of your transactions for financial reporting purposes. Aggregated information obtained by Wilbur-Ellis as a result of your use of Wilbur-Ellis’ AgVerdict platform may be maintained consistent with the AgVerdict Services Terms and Conditions. If you are an authenticated user of the AgVerdict platform, you may access the AgVerdict Services Terms and Conditions by logging into your account.

Google Analytics: Wilbur-Ellis uses features of Google Analytics, including first-party cookies (such as the Google Analytics cookie), to inform, optimize, and improve functionality based on your past visits to our Site. You may opt-out of Google Analytics by visiting the Google Ads Preferences Manager. To provide website visitors more choice on how their data is collected by Google Analytics, Google has developed an Opt-out Browser add-on, which is available by visiting Google Analytics Opt-out Browser Add-on, to enable you to opt-out of Google’s programs.

How and Why We Collect Information

We may obtain information directly from you, from your transactions with us, and from third parties. We obtain information directly from you when we initially set up an account for you and during the course of servicing your account.

We collect information about your transactions with us, your payment history, and the products or services we sell or provide to you in order to process the transactions and evaluate your eligibility for certain types of offers, products or services.

We may gather data on how users navigate our Site in order to make improvements.

If you opt-in, we collect geo-location information from mobile devices, and other information, in order to enable the inputting of information directly from the field and to facilitate our services, such as benchmarking, analytics mapping, input usage, record keeping, and storage of agricultural information, among other functions.

We do not sell your information to third parties, or use it for targeted advertising or profiling in furtherance of decisions that produce legal or similarly significant effects.

Information We Disclose

Other than as described herein, we only disclose your information as required by law or with your consent.

We may disclose each of the categories of information we collect as necessary, including to our affiliates, vendors, business partners, government agencies, and third parties to whom you authorize us to disclose your data). We may disclosure your information to service your account, process sales transactions, complete applications, provide electronic resources such as the Site, and ensure Site security. Aggregated information may be shared with other users as necessary to provide certain services, such as benchmarking. We may share your information with service providers as well as persons or organizations that perform business, professional, administrative or legal functions for us.

Our Site provides some links to third-party websites that are not owned by Wilbur-Ellis. We have no control over the privacy practices of such websites and we assume no responsibility in connection with your use of those websites. We recommend that you check the privacy policy of any website before you provide any personal information.

We may disclose your information as required by law, such as in response to a subpoena, search warrant, or other court order; to comply with inquiries from government agencies or other regulators; or for other legal purposes.

Safeguarding Your Information

We maintain reasonable physical, electronic, and procedural safeguards against loss, theft interference, misuse, unauthorized access, disclosure, alteration, or destruction. We also maintain reasonable procedures to help ensure that such data is reliable for its intended use and is accurate, complete, and current. You should understand that no data storage system or transmission of data over the Internet or any other public network can be guaranteed to be 100 percent secure, accurate, complete, or current. Please note that information collected by third parties may not have the same security protections as information you submit to us, and we are not responsible for protecting the security of such information.  

Children’s Privacy

Our Site is designed and intended for adults. We do not intend that any portion of the Site will be accessed or used by children under the age of 18. Such use is strictly prohibited.

Your Rights And Choices

You may be entitled, in accordance with applicable law, to request access to, rectification, erasure, and portability of your information. Requests should be submitted in writing as set out below. If you become aware of changes or inaccuracies in your information, you should inform us of such changes so that the information may be updated or corrected. Once we receive your request, we may authenticate it by requesting information sufficient to confirm your identity.

You may be entitled, in accordance with applicable law, to appeal a refusal to take action on your request; to do so, please see the instructions in our response to your request.

We will not discriminate against you for exercising your rights and choices, although some of the functionality and features available on the websites may change or no longer be available to you. 

Contact Us

Please contact us if you would like to exercise your rights or have any questions about our privacy practices or this Policy. You can reach us (i) by telephone at 1-888-988-6177, (ii) online at wilburellis.com/contact, (iii) by email at legal@wilburellis.com, or (iv) via postal mail at the following address: 345 California Street, 27th Floor, San Francisco, CA 94104.

Data Request Form

For any questions you may have with respect to personal data privacy, please use the provided Wilbur-Ellis Privacy Request Form

Your California Privacy Rights

If you are a California resident, California law may provide you with additional rights regarding our use of your personal information. To learn more about your California privacy rights, visit the CPRA Privacy Notice.

Privacy Policy for Canada

At Wilbur-Ellis Company of Canada, Ltd. (the “Company”) we are committed to maintaining the accuracy, confidentiality and security of your personal information. Visit the Privacy Policy for Canada page.

Privacy Policy for Thailand

At Connell Bros. Co. (Thailand) Ltd. (“Connell Bros.,” “us,” “our,” and “we”) we are committed to maintaining the accuracy, confidentiality and security of your personal information. Visit the Privacy Policy for Thailand page.

This PRIVACY NOTICE FOR CALIFORNIA RESIDENTS supplements the information contained in the Privacy Policy of Nachurs Alpine Solutions, LLC and its subsidiaries (collectively, “we,” “us,” or “our”) and applies solely to visitors, users, and others who reside in the State of California (“consumers” or “you”). We adopt this notice to comply with the California Consumer Privacy Act of 2018 (as amended from time to time, the “CCPA”) and other California privacy laws. Any terms defined in the CCPA have the same meaning when used in this notice.

Information We Collect

We collect information that identifies, relates to, describes, references, is capable of being associated with, or could reasonably be linked, directly or indirectly, with a particular consumer or device (“personal information”). In particular, we have collected the following categories of personal information from consumers within the last twelve (12) months:

Category/Potential Examples 

1. 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.

2. 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 any other financial information, medical information, or health insurance information. Some personal information included in this category may overlap with other categories.

3. Protected classification characteristics under California or federal law. 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, gender identity, gender expression, pregnancy or childbirth and related medical conditions), sexual orientation, veteran or military status, genetic information (including familial genetic information).

4. Commercial information. Information you provide when you interact with us and our website, and information about the products or services we sell or provide to you.

5. Geolocation data. The geographic location of your mobile device and the boundaries and name of your field

6. Professional or employment-related information. Current or past job history or performance evaluations.

Personal information does not include:

Publicly available information from government records.

De-identified or aggregated consumer information.

Information excluded from the CCPA's scope, like:

health or medical information covered by the Health Insurance Portability and Accountability Act of 1996 (HIPAA) and the California Confidentiality of Medical Information Act (CMIA) or clinical trial data;

personal information covered by certain sector-specific privacy laws, including the Fair Credit Reporting Act (FRCA), the Gramm-Leach-Bliley Act (GLBA) or California Financial Information Privacy Act (FIPA), and the Driver's Privacy Protection Act of 1994.

We obtain the categories of personal information listed above from the following categories of sources:

Directly from our employees, customers or their agents. For example, from documents that our customers provide to us related to the services for which they engage us.

 Indirectly from our employees, customers or their agents. For example, through information we collect from our customers in the course of providing services to them.

Directly and indirectly from activity on our website. For example, from submissions through our website portal or website usage details collected automatically.

From third-parties that interact with us in connection with the services we perform. For example, from government agencies when we prepare readiness assessments for projects that receive government funding.

Use of Personal Information

We may use or disclose the personal information we collect for one or more of the following business purposes:

 To fulfill or meet the reason for which the information is provided. 

To provide you with information, products or services that you request from us.

To provide you with email alerts and other notices concerning our products or services, or events or news, that may be of interest to you.

To carry out our obligations and enforce our rights arising from any contracts entered into between you and us, including for billing and collections.

To improve our website and accurately provide you with the information you are seeking.

For testing, research, analysis and product development.

As necessary or appropriate to protect the rights, property or safety of us, our employee, customers or others.

To respond to law enforcement requests and as required by applicable law, court order, or governmental regulations.

As described to you when collecting your personal information or as otherwise set forth in the CCPA.

To evaluate or conduct a merger, divestiture, restructuring, reorganization, dissolution, or other sale or transfer of some or all of our assets, whether as a going concern or as part of bankruptcy, liquidation, or similar proceeding, in which personal information held by us is among the assets transferred.

We will not collect additional categories of personal information or use the personal information we collected for materially different, unrelated, or incompatible purposes without providing you notice.

Sharing Personal Information

We may disclose your personal information to a third party for a business purpose. When we disclose personal information for a business purpose, we enter a contract that describes the purpose and requires the recipient to both keep that personal information confidential and not use it for any purpose except performing the contract.

In the preceding twelve (12) months, we have disclosed the following categories of personal information for a business purpose:

Category 1: Identifiers.

Category 2: California Customer Records personal information categories.

Category 3: Protected classification characteristics under California or federal law.

Category 4: Commercial information. 

Category 5: Geolocation data.

Category 6: Professional or employment-related information.

We disclose your personal information for a business purpose to the following categories of third parties:

 Our affiliates.

Service providers.

Third parties to whom you or your agents authorize us to disclose your personal information in connection with products or services we provide to you.

In the preceding twelve (12) months, we have not sold any personal information.

Your Rights and Choices

The CCPA provides consumers (California residents) with specific rights regarding their personal information. This section describes your CCPA rights and explains how to exercise those rights.

Access to Specific Information and Data Portability Rights

You have the right to request that we disclose certain information to you about our collection and use of your personal information over the past 12 months. 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 or selling that personal information.

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:

sales, identifying the personal information categories that each category of recipient purchased; and

disclosures for a business purpose, identifying the personal information categories that each category of recipient obtained.

Deletion Request Rights

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 providers 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, 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.

Exercising Access, Data Portability, and Deletion Rights

To exercise the access, data portability, and deletion rights described above, please submit a verifiable consumer request to us by either:

Calling us at 415.772.4000.

Visiting wilburellis.com

Only you or a person registered with the California Secretary of State that you authorize to act on your behalf, may make a verifiable consumer request related to your personal information. You may also make a verifiable consumer request on behalf of your minor child.

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. 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 

We will use our best efforts 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. Any disclosures we provide will only cover the 12-month period preceding the verifiable consumer request's receipt. The response we provide will also explain the reasons we cannot comply with a request, if applicable.  

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.

Non-Discrimination

We will not discriminate against you for exercising any of your CCPA rights. 

Changes to Our Privacy Notice

We reserve the right to amend this privacy notice at our discretion and at any time. 

Contact Information

If you have any questions or comments about this notice, our Privacy Statement, the ways in which we collect and use your personal information, your choices and rights regarding such use, or wish to exercise your rights under California law, please do not hesitate to contact us at:

Phone: 415.772.4000

Website: wilburellis.com

Email: legal@wilburellis.com

Postal Address: 

Wilbur-Ellis

345 California Street, 27th Floor

San Francisco, CA 94104 

Attn: General Counsel