"Personal Data" means any information relating to an identified or identifiable natural person; an identifiable natural person is one who can be identified, directly or indirectly, in particular by reference to an identifier such as a name, location data, an online identifier or to one or more factors specific to that person.
"Processing" means any operation or set of operations which is performed on Personal Data or on sets of personal data, whether or not by automated means, such as collection, recording, organization, structuring, 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"), which is the Controller of your Personal Data when using our services.
3. Data Protection Officer
4. Collection of Personal Data, Purposes of Processing, and Legal Bases
We offer various tools or services on SKYFLD (e.g., support services, user account, newsletter, share function, push messages, scouting function). When using them, We will ask you for Personal Data such as your name or e-mail address and, if applicable, additional personal information. Accordingly, required information is always marked as mandatory fields. Without this information, We may not be able to provide you with the service you require or respond to your inquiries. In the following text, We will provide you with an overview of the associated Processing operations and legal bases.
- Application Process/Registration for SKYFLD
In order to use functions on SKYFLD, you must create a user account. Upon registration, We will process the following information ("Account Data"):
- first name, last name, e-mail address, password details, country of residence, and your IP address
Following your registration on SKYFLD, you will receive an e-mail with a link. By following the link, you confirm that you are the owner of the respective e-mail address and wish to create a user account on SKYFLD. If your confirmation is not received within seven (7) days, your registration and the Personal Data you have provided will be deleted automatically.
The legal basis for this Data Processing is the necessity of this Processing for the performance of the contract, as it serves the effective provision and management of your User Account and is necessary to provide you with our services.
If you have given your prior consent when registering for SKYFLD, We will share your SKYFLD user data (name, address, and field data of your farm) with our partner. The legal basis for this Data Processing is your consent. You may revoke your consent at any time without giving reasons with effect for the future by changing your account settings.
- Profile Creation and Management
To create a profile on SKYFLD, We will process the following Personal Data:
- first name, last name, e-mail address, IP address, farm address, if applicable.
The legal basis for this Data Processing is the performance of our contract with you. This Processing is necessary to be able to provide you with our services and functions on SKYFLD.
By calling up your profile, you can view and edit all your Account Data. In addition, you can delete your user account by entering your password.
- Sharing Location Data when Using the Scouting Function and Task Function in the SKYFLD Mobile App
When using the SKYFLD Mobile App, you can add new notes to a field, save a specific location, virtually delimit an area (geofencing) or upload photos ("Scouting Function") during a field walk.
In addition, it is possible to create a specific task in the SKYFLD Mobile App, assign it to specific persons and record its completion ("Task Function").
Both the Scouting Function and the Task Function require you to share your location with us. This Processing of your location data is based on your express consent.
- Push Notifications for the SKYFLD Mobile App
Where you expressly allow us to do so, We will process your data in order to send you notifications, e.g., about mentions of you in notes or about the availability of new soil and yield maps. You can stop receiving notifications by deactivating push notifications in your account settings.
We will only process your Personal Data to send push notifications based on your consent.
- Subscription and Billing
For the subscription, our partner will collect and forward the following Personal Data to us, which We need to determine which subscription model you have chosen and to manage this information in connection with your user account and for internal billing purposes:
- Subscription Model and Billing Data.
The legal basis for this Data Processing is the performance of the contract with you as a user of SKYFLD. This Processing is necessary to provide you with our services, i.e., to process your subscription and to allow you to access SKYFLD and its services.
- E-mail Notifications
We will also process the Personal Data and contact details you provide during registration to inform you about our other products and services. This means that We will process your name, e-mail address and details of your respective trial subscription in order to send you information in connection with your registration and subscription, e.g., to inform you about the remaining term of your free trial subscription.
The legal basis for this Data Processing is our legitimate interest in advertising related products and services corresponding to your subscription.
You may object to the Processing of your Personal Data for the purpose of direct marketing at any time. We will then refrain from further Processing for these purposes. You can send us your objection via the contact option mentioned above in Section 3. You will not incur any costs other than the transmission costs according to the basic rates.
- Share Function
Once your account is active, you can share this account with team members and other third parties. You may add another user with the share function (“Share Function”). As a user, you can decide on the access and any restrictions on the access of the invited team member or third party.
To share your account, you may automatically create an invitation e-mail via the system for the e-mail you have specified. It is also possible to share an invitation link via a messenger service. The e-mail or invitation link will be sent to the respective recipient to invite them to create an account on SKYFLD. For this purpose, We will process:
- your first name and e-mail address.
If you are invited to participate in SKYFLD by another user, We will collect the following Personal Data about you from our user who initiated the invitation:
- your e-mail address and, if applicable, your role on the farm.
We use the so-called double opt-in procedure for your registration. In this case, after you have registered on SKYFLD, you will receive an e-mail with a link. By following the link, you confirm that you are the owner of the respective e-mail address and wish to create a user account on SKYFLD. If your confirmation is not received within seven (7) days, your registration and the Personal Data you have provided will be deleted automatically.
- Customer Service
We offer you several support options as part of your use of SKYFLD. You can reach us via our telephone hotline, by e-mail, by live chat or by live video function, as well as via the contact form.
The legal basis for this Data Processing is the necessity of using your Personal Data to fulfil our contract with you, as well as our legitimate interest in responding to your inquiry.
If you contact us, for example, by telephone or e-mail, your Personal Data will be stored and processed by us. This is usually your name and e-mail address and other information that you have provided to us. This Personal Data is stored and used exclusively to respond to your inquiry or to contact you and the associated technical administration and is not passed on to third parties without your consent (except to the extent necessary for providing e-mail support).
- Web Server Data
If you visit our website for informational purposes only, without providing Personal Data via registration or in any other way, only the Internet connection data that your browser transmits to our server will be processed. This information only contains Personal Data to a limited extent. The processed data includes information on:
- the type and version of the browser used;
- the operating system used by the accessing system;
- the SKYFLD Website and the SKYFLD Mobile App, from which the system accesses our SKYFLD;
- the sub-sites that are called up on our website via an accessing system;
- the date and time of your inquiries;
- your IP address;
- the Internet service provider of the accessing system;
- other similar data and information that serve to avert danger in the event of attacks on our IT systems.
The legal basis for this Data Processing is the implementation of pre-contractual measures, as well as our legitimate interest, as We need the automatically collected data for the provision of our website.
- Usage Information
In addition, We will collect and store the corresponding information arising from the use of the following functionalities of SKYFLD:
- when you select and display your fields on a map;
- when you create maps with SKYFLD;
- if you track weather information (connection to a local weather station);
- when you export maps for further use;
- any other map you upload, e.g., yield maps and soil maps;
- any information that you provide about your machines;
- if you use the Scouting Function or Task Function of the SKYFLD Mobile App;
- any information displayed in your activity feed in the SKYFLD Mobile App.
The legal basis for this Data Processing is the performance of the contract concluded with you, as this Processing serves the provision and administration of your user account and the provision of our services to you.
In addition, We will 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.
For example, session cookies show us when you have visited individual sites of our website. Session cookies are deleted automatically when you leave our website. In addition, We also use temporary cookies that are stored on your computer or terminal device for a limited period of time. These cookies indicate which data you have entered on a previous visit to our website and which settings you have selected, so that you do not have to enter or select them again. Furthermore, We use tracking cookies to statistically record the use of our website and thus optimize our website.
For more information about which cookies We use and for what purposes, and how you can manage your cookie settings and disable certain types of cookies, please see below:
6. Rights of Data Subjects
You have, depending on the circumstances of the specific case, the following data protection rights:
- right to information and access to Personal Data concerning you;
- right to rectification or erasure or restriction of the Processing of your Personal Data;
- right to refuse and withdraw consent;
- right not to be subject to a decision based solely on automated Processing;
- right to data portability;
- right to lodge a complaint with the competent supervisory authority;
- Right to object to the Processing of your Personal Data, in particular, if the Data Processing is based on our legitimate interests.
You may (i) exercise the above rights, (ii) ask questions, or (iii) object to the Data Processing by contacting us as indicated in Section 3 above.
7. Disclosure of Personal Data to Third Parties
Your Personal Data will be disclosed to the following third parties for the above purposes:
- Agintegrated, 911 University Drive, State College, PA, USA, for the creation of export maps only if the farmer’s/farm’s name has been provided (optional);
- Amazon Web Services EMEA SARL, 38 avenue John F. Kennedy, L-1855 Luxembourg, for the purpose of hosting your Personal Data;
- ChargeBee Inc., 340 S. Lemon Avenue, San Francisco, USA, for subscription billing;
- Google LLC, 1600 Amphitheatre Parkway, Mountain View, CA 94043, USA, as provider of the tools Google Maps, Google Analytics and Firebase;
- Helm subsidiaries in your jurisdiction to provide customer support and training (if requested);
- Rocket Science Group, LLC, 675 Ponce De Leon Ave NE #5000, Atlanta, GA 30308, USA, for sending newsletters via MailChimp;
- MongoDB Limited, Building Two, Number One Ballsbridge, Ballsbridge, Dublin 4, Ireland, for database hosting purposes;
- OneSignal, 194 Esperanca Avenue, Santa Clara, CA 95054, USA, for the purpose of sending push messages;
- Rollbar, Inc. 665 3rd Street, Suite 150, San Francisco, CA 94107, USA, which stores your IP address for the sole purpose of tracking possible errors during your use of SKYFLD;
- Vicodo, Kemperplatz 1, 10785 Berlin, for providing our user service functionalities such as support chats and video calls;
- Zendesk Inc., 1019 Market Street, San Francisco, CA 94103, USA, for the provision of our services.
The transfer of your Personal Data is based either on your consent, the performance of our contract with you and/or our legitimate interest as further described in the relevant Processing section.
8. Transfer of Personal Data to Third Countries
In the context of the use of the third-party providers listed above, it is possible that your Personal Data may be transferred to other countries outside the EU or the EEA, where different data protection standards may apply.
Please note that data processed in other countries may be subject to foreign laws and may be accessible to local governments, courts, law enforcement and regulatory authorities upon request. However, when transferring your Personal Data to third countries, We will take appropriate measures to adequately secure your data.
The transfer of Personal Data to a third country is usually protected by the conclusion of so-called EU standard contractual clauses (for more information on this, please see ec.europa.eu/info/law/law-topic/data-protection/international-dimension-data-protection/standard-contractual-clauses-scc/standard-contractual-clauses-international-transfers_de). Corresponding evidence or further details on this can be obtained by contacting us as described in Section 3.
9. Storage Period
We will only store your Personal Data for as long as 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.