“personal data” means any information relating to an identified or identifiable natural person; an identifiable person is one who can be identified, directly or indirectly, in particular by reference to an identifier such as a name, an identification number, location data, an online identifier or one or more special characteristics such as a name, an identification number, location data or an online identifier.
“processing” is any operation or set of operations, performed upon personal data, whether or not by automatic means, such as collection, recording, organisation, filing, storage, adaptation or alteration, retrieval, consultation, use, disclosure by transmission, dissemination or otherwise making available, alignment or combination, restriction, erasure or destruction.
“controller” means the natural or legal person, public authority, agency or other body which, alone or jointly with others, determines the purposes and means of the processing of personal data.
SKYFLD is provided by HELM AG, Nordkanalstrasse 28, 20097 Hamburg, Germany, (“we”) who is the controller of your personal data processed during the use of our Services.
Data protection officer
2. Collection of personal data, purposes of processing and justification
We offer different tools or services on SKYFLD (e.g. support services, user account, newsletter, share function). When using them we ask you for personal data such as name or email address and, if necessary, other personal information. Correspondingly, required information is always marked as mandatory fields. Without this information, we may not be able to provide you with the requested service or answer any queries you may have. In the following, we provide you with an overview of the associated processing procedures and legal bases.
2.1 Sign up process / Registration for SKYFLD
To use functions on SKYFLD you need to create a user account. In the course of this registration, we process the following information:
• name, email address, password details and your IP-address (“account data”)
For registration, we use the so-called double-opt-in procedure. In this case, after you have registered on SKYFLD, you will receive an email with a link. By following the link you confirm that you are the owner of the email address and that you wish to create a user account on SKYFLD. If your confirmation is not received within seven (7) days, your registration and the personal data provided by you will be automatically deleted.
The legal basis for this data processing is the necessity of processing for the fulfilment of our contract with you, because it serves the effective provision and management of your user account and is necessary to provide you our Services.
If you register your account via the landing page co-branded by one of our authorized partners (“Partner”) we share your name with our Partner for internal billing purposes. Legal basis for processing are our legitimate interests, because it is necessary for us to conclude our contractual relationship with the Partner that lead you to SKYFLD. Also, the selection of your subscription options and payment of the subscription fee will be provided to by our Partners.
If you have given your prior consent in the log-in process to SKYFLD, we will share your SKYFLD farm data (name, address and field data of your farm) with our Partner. The legal basis for this data processing is your consent. You can withdraw your consent at any time without giving reasons for the future by changing your account settings.
2.2 Create Profile
In order to create a profile on SKYFLD, we process the following personal data:
• name, surname, email address, IP-address, farm address
The legal basis for this data processing is the necessity to use your personal data in order to fulfil our contract with you, because it is necessary to provide you our Services, i.e. to use the features that may be helpful for your particular farm.
2.3 Subscription Management
For the subscription process, the Partner collects and forwards to us the following personal data that we need in order to assess, which subscription option you have chosen, the contract term to manage this information in connection with your account and for internal billing purposes:
• Subscription details, invoice details.
The legal basis for this data processing is the necessity to use your personal data in order to fulfil our contract with you as a User of SKFLD, because it is necessary to provide you our Services, i.e. to process your subscription and to provide you with the full access and service of SKYFLD.
2.4 E-Mail notifications
We also process the personal data and contact details provided by you during registration in order to inform you directly about our other products and services. That means, we process your name, email address and information on the respective trial subscription to send you information in connection with your registration and subscription, e.g. to inform you about the remaining period of your free trial.
The legal basis for this data processing is our legitimate interest in the advertising of directly related products and services corresponding to your subscription by means of direct advertising.
You may at any time object to the processing of your personal data for the purpose of direct marketing. We will then refrain from further processing for such purposes. You can send us your objection by contacting us as set out above under Sec. 3.
2.5 E-Mail Newsletter Marketing
You will only receive further information about our other offers if you have given your prior consent. The legal basis for this data processing is your consent.
If you register for our newsletter, which informs you about our latest products and services, the personal data you provide in this context (such as name, address and email address) will be processed by us for the purpose of sending the newsletter.
Newsletters are sent via MailChimp, a newsletter mailing platform of the US provider Rocket Science Group, LLC, 675 Ponce De Leon Ave NE #5000, Atlanta, GA 30308, USA.
We trust in the reliability and the IT and data security of MailChimp. We have also concluded a data processing agreement with MailChimp. For the cases in which personal data is transferred to the USA, we have concluded EU standard contractual clauses with MailChimp to safeguard such transfer (please see Sec. 8 for more information).
You can object to the sending of such newsletters at any time without giving reasons for the future by unsubscribing via the unsubscribe link at the end of each newsletter or by contacting us in as set out above under Sec. 3. Thereby your agreement to use the mailing service MailChimp and the statistical analysis by MailChimp expires at the same time.
2.6 Share functionality
Once your account is active, you may share this account with third parties. Using the share functionality, you can add another user via his/her email address.
If you chose to share your account, the system automatically creates an invite email for the email you have provided. This email is sent to the respective recipients and invites him/her to create an account on SKYFLD. For this purpose we process your
• first name and email address
If you are invited from another user to participate on SKYFLD, we collect the following personal data of you from our user that initiated the invitation:
• your e-mail address
For your registration, we use the so-called double-opt-in procedure. In this case, after you have registered on SKYFLD, you will receive an email with a link. By following the link you confirm that you are the owner of the email address and that you wish to create a user account on SKYFLD. If your confirmation is not received within seven (7) days, your registration and the personal data provided by you will be automatically deleted.
We offer several ways of support services for you on our website. You may reach out to us via our telephone hotline, email, live chat or live video functions as well as through the support request form via Zendesk.
The legal basis for this data processing is, in connection with contractual or pre-contractual measures, the necessity to use your personal data in order to fulfil our contract with you as well as our legitimate interests to answer your request.
For our support, we use the service provider Zendesk, Inc., 1019 Market Street, San Francisco, CA 94103, United States (“Zendesk”). For the provision of these services, we transfer your name, email address and your telephone number to Zendesk.
If you contact us, e.g. via telephone or email, your personal data will be stored and processed by us. Generally, this is your name and email address as well as any other information you have provided us with. These personal data are stored and used exclusively for the purpose of answering your request or for contacting you and the associated technical administration and are not passed on to third parties without your consent (accept as necessary for the provision of the email support as described below).
2.8 General web server data
If you visit our website for information purposes only, even without providing personal data via the registration or in any other way as well as during the use of our Services, the internet connection data that your browser transmits to our server will be processed. This information contains personal data only to a limited extent. The processed data includes information on
• browser type and version used;
• the operating system used by the accessing system;
• the website from which the accessing system accesses our website;
• the sub-pages which are accessed via an accessing system on our website;
• the date and the time our website was accessed;
• an Internet protocol (IP) address;
• the Internet service provider of the accessing system;
• other similar data and information which serves to defend against dangers in cases of attacks on our IT systems.
The legal basis for this data processing is the necessity to use your personal data in order to fulfil our contract with you, as we need to automatically collect this data for the effective provision of our website, and our legitimate interests, as the storage serves our legitimate interest in ensuring the stability and security of the website.
2.9 Usage information
We further collect the following information and store them in connection with your user account data when you use the following different functionalities on SKYFLD:
• If you select and view your fields on a map
• If you create maps with SKYFLD
• If you follow weather information (connection to local weather station)
• If you export maps for further uses
• Any other map that you upload, e.g. yield maps and soil maps
• Any information provided regarding your machinery
The legal basis for this data processing is the necessity to use your personal data in order to fulfil our contract with you, because it serves the effective provision and management of your user account and the provision of our services for you.
Further, we analyze the above data to improve our services. The legal basis for this is our legitimate interest in the further development of our products and services.
We use ‘cookies’ on our website. These are text files that are saved on your computer or other end-devices such as your smartphone or tablet. Using cookies helps us to design our website in a way that meets the needs of users and to continually optimise it. Additionally, we analyse how you use our website in order to improve it to better serve your interests.
For instance, session cookies show us when you have visited individual pages of our website. Session cookies are automatically deleted when you leave our website. In addition we also use temporary cookies that are saved on your computer or end-devices for a limited period of time. These cookies indicate to us what data you entered and what settings you selected on a previous visit to our website, so that you do not have to re-enter or reselect these. Further, we use tracking cookies to log the use of our website statistically and thus to optimise our website.
We use the following cookies on our website:
3.1 Google Analytics
SKYFLD uses functions of the web analysis service Google Analytics. The provider is Google LLC, 1600 Amphitheatre Parkway, Mountain View, CA 94043, USA (“Google”).
The information generated by the cookie about your use of this website is transferred to a Google server and stored there. We have activated the IP anonymisation function on SKYFLD. As a result, your IP address is shortened by Google within member states of the EU or in other states that are party to the Agreement on the EES before it is transmitted to the USA. Only in exceptional cases will the full IP address be transferred to a Google server in the USA and shortened there. On behalf of us, Google will use this information for the purpose of evaluating your use of SKYFLD, compiling reports on website activity and providing other services relating to SKYFLD activity and internet usage. The IP address transmitted by your browser within the framework of Google Analytics is not combined with other data from Google.
We have a contract with Google for order processing. For the exceptional cases in which personal data is transferred to the USA, we have concluded EU standard contractual clauses with Google to safeguard such transfer (please see under Sec. 8 for more information).
The storage of Google Analytics cookies is based on your consent.
4. Data Subjects’ Rights
You have the following data protection rights, depending on the circumstances of the specific case:
• Right to information and access to personal data concerning you;
• Right to correct or delete or to limit the processing of your personal data;
• Right of refusal and withdrawal of consent;
• Right not to be subject to a decision based solely on automated processing;
• Right to data transferability;
• Right to appeal to the competent supervisory authority;
• Right to object to the processing of your personal data, particularly if the data processing is based on our legitimate interests.
You may (i) exercise the rights set out above or (ii) ask questions or (iii) lodge a complaint against the processing of your personal data by us by contacting us as set out above under Sec. 3.
5. Transfer of personal data to third parties
Your personal data will be disclosed to the following third parties for the above mentioned purposes, if not already mentioned above:
• Amazon Web Services EMEA SARL, 38 avenue John F. Kennedy, L-1855 Luxembourg for the purpose of hosting your personal data;
• Helm subsidiaries in your jurisdiction to provide customer support and training (if requested);
• Vicodo, Kemperplatz 1, 10785 Berlin for the provision of our user service functionalities such as support chats and video calls;
• MongoDB, Limited, Building Two, Number One Ballsbridge, Ballsbridge, Dublin 4, Ireland for database hosting purposes;
• Rollbar, Inc. 665 3rd Street, Suite 150, San Francisco, CA 94107 who only stores your IP address for the purpose of tracing possible bugs during your use of SKYFLD and
• Agintegrated, 911 University Drive, State College, PA for generating export maps, only if the name of the farmer/farm has been included (which is optional).
The transmission of your personal data is either based on your consent, the necessity to use your personal data in order to fulfil our contract with you and/or our legitimate interest as further described in the respective section of processing.
6. Transfer of personal data to third countries
To the extent described above, we may transfer your personal data to other countries (including countries outside the EEA, so-called third countries), where different data protection standards may apply than those in your country of residence.
Please note that data processed in other countries may be subject to foreign laws and may be accessible to the governments, courts and law enforcement and supervisory authorities of those countries. However, if your personal data is transferred to third countries, we will take appropriate measures to adequately secure your data.
In the case of transfers to third countries, the transfer is usually protected by the application of the so-called EU standard contractual clauses or as described in the respective section of processing. Appropriate evidence or further details can be obtained by contacting us as set out above under Sec. 3.
7. Duration of data storage
We only store your personal data for as long as it is necessary to fulfil the purpose for which the data was originally collected or, where applicable, for as long as the data storage is required or justified by law.