Effective Date: October, 2024

This Privacy Policy (the “Privacy Policy”) applies to all visitors and users of Kilimo (“us”, “we” or “our”) websites,  https://www.kilimo.com/ (“Website”), and our services provided through the Website (collectively “Services”).  This Privacy Policy is incorporated into our Terms of Use (“Terms”). 

This Privacy Policy describes the types of information we may collect from your use of Services, and how we use, maintain, protect, and disclose such information. Your access and/or use of the Services signifies that you have read, acknowledged, and accepted the terms and conditions of this Privacy Policy. If you do not agree with this Privacy Policy, then do not access or use the Services.

In the event that any laws and regulations require us to observe more stringent privacy restrictions than those specifically set forth in this Policy, we will adapt our activities in accordance with their requirements. If privacy restrictions conflict in any way with these provisions, we will adhere to the more stringent criteria of the relevant laws, rules and regulations

We reserve the right to change this Privacy Policy from time to time at our sole discretion. Your continued use of our Services indicates your assent to the Privacy Policy as posted. The date the privacy policy was last revised is identified at the top or bottom of this page. If we make material changes to how we treat our users’ personal information, we will notify you by email or through a notice on our website. You are responsible for ensuring we have an up-to-date active and deliverable email address for you, and for periodically visiting our website and this Privacy Policy to check for any changes.

18 years old or older 

The Services are for individuals who are 18 years or older. If you are under the age of 18, please do not attempt to register with us on this Website or provide any personal information about yourself to us. If we learn that we have collected personal information from someone under 18, we will promptly delete that information. If you believe we have collected personal information from someone under the age of 18, please Contact Us.

Information We May Collect

Information You Disclose.

We receive information about you when you provide it through forms or surveys, and when you sign up for a user account and use our Services. In addition, we receive information about you when you use, edit, or access your account. As a result of those actions, you may supply us with certain information, including, but not limited to, your name, date of birth, address, e-mail address, phone number, irrigation strategies and business information, soil samples, product preferences, payment or financial information, and other information.   

Information Automatically Collected.

We may automatically collect certain information resulting from your use of our Services. This information may include your IP address, login details and password, and the location of your device. We may also use device identifiers, cookies, and other technologies on devices, applications, e-mails, and our web pages to collect information about your browsing actions and patterns, information about your devices (such as information related to your computer, internet connection, operating system, and internet browser type), or other technical information. 

Third-Party Information Collection

When you use the Services, certain third parties may use automatic information collection technologies to collect information about you or your device. These third parties may include: advertisers, ad networks, and ad servers; analytics companies; your mobile device manufacturer; and, your mobile service provider. The information they collect may be personally identifiable and may include information about your online activities over time and across different websites, apps, and other online services websites. These third parties may use this information to provide you with interest-based 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. 

How We Use Your Information 

We do not sell your information, but we may use the information we collect as follows: 

• to establish your account and credentials and to verify the same;
• to improve the quality of the administration, interaction and use of the Services, including tracking your usage, administering a survey, estimating audience size and usage patterns, store information about your preferences, performing quality control and improvement, analyzing user base including analyzing user base geographic location and demographics, and responding to any of your inquiries; 
• to provide you the Services, including any information relating to the Services; 
• to send you notifications about your account and any updates to the Services, including any changes to the same; 
• to recognize you when you use the Services; 

• to provide you information, and to offer you any additional services provided by us or third-party goods and services, unless you opt out of such contact by following the Opt-Out procedure below; 

• to provide to contractors, service providers, and other third parties we use to support our business and who are contractually bound by to keep Personal Information confidential and use it only for the purposes for which we disclose it to them;  

• to disclose to a buyer or other successor in the event of 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;  

• to comply with any court order, law, or legal process, including to respond to any government or regulatory request; to enforce or apply our Terms of Use; protect our, our customers, or other rights, property, or safety; 

• to analyze the measure success of marketing and promotional efforts of our products or Services and any third-party products or services offered to you through our Site or Services; and

• to scrub any information that specifically identifies you to include in an aggregated database that we may use or permit others to use for any commercial purposes, in our sole discretion. 

Disclosure of your Information 

We may disclose your information to our affiliates, partners and other third parties, including subcontractors, to: 

• assist us with the maintenance and operation of the Services; 
• market and promote the Services, including the measurement of the success of such efforts;
• comply with any court order, law, or legal process, including to respond to any government or regulatory request; to enforce or apply our Terms of Use; protect our, our customers, or others rights, property, or safety; or
• to disclose to a buyer or other successor in the event of 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. 

If the information that we disclose to others consists of your Personal Information, then we will request that the party receiving such information be contractually bound to appropriate confidentiality provisions restricting the additional disclosure of such information.  We shall have no restrictions on the use and disclosure of information that is automatically collected or information that has been deidentified and anonymized.     

Accessing/Deleting your Personal Information

You can update, correct, or delete your Personal Information by contacting us at [email protected]. We may not be able to delete your Personal Information without also deleting your account, and we may not accommodate a request to change or delete information if we believe the change would violate any law or legal requirement or cause the information to be incorrect.

User Rights.

Amendment: You have the right to request the correction of your personal data stored by our company.

Deletion: You may request deletion of your personal data when it is no longer necessary for the purposes for which it was collected, unless we are required by law to retain it.

Objection: You may object to the use of your personal data for certain purposes, such as direct marketing.

Data Security 

We have implemented measures designed to secure your information from accidental loss and from unauthorized access, use, alteration, and disclosure. All information you provide to us is stored on our and/or third party secure servers behind firewalls. Despite our efforts, we cannot guarantee that loss, misuse, or unauthorized access will not occur, and we cannot and are not responsible for our third-party vendors. 

The safety and security of your information also depends on you. Where we have given you (or where you have chosen) credentials for access of the Services, you are responsible for keeping these credentials confidential. We ask you not to share your credentials with anyone. We urge you to be careful about giving out information in public areas of the Website or Services like message boards. The information you share in public areas may be viewed by any user of our Website.

Third Party Links

The Website may contain links to other websites, advertisements and applications offered by third parties (“Third Party Links”) that may collect and use your information.  Third Party Links are beyond our control and the activities of third parties are subject to those third parties’ individual privacy policies. 

Contact Us 

If you have any comments, concerns or questions about this Privacy Policy, please contact us at: [email protected]. 

SIMPLIFIED PRIVACY NOTICE

In accordance with Articles 15, 16, and 17 of the Federal Law on Protection of Personal Data Held by Private Parties, we inform you that Jairo Nicolas Trad and/or any of his collaborators and/or partners at KILIMO MÉXICO, S.A. DE C.V. (hereinafter referred to as “KILIMO”), with its address at Minerva 77, Colonia Crédito Constructor, Benito Juárez, Postal Code 03940, Mexico City, is responsible for collecting personal data and ensuring its confidentiality, use, and protection within the scope of our regular operations.

The personal information collected will be used for the following purposes:

1. To provide KILIMO services.
2. To execute water compensation projects.
3. Commercial prospecting.
4. Sending communications on topics of interest to the client, including promotions.
5. Meeting the specific needs of each client.
6. Generating statistical indicators and information to improve service delivery, optimize water resource usage, etc.
7. To fulfill KILIMO’s obligations to its clients.

The personal data collected will be processed for as long as necessary to fulfill the business relationship with KILIMO. The personal data we may request includes:

• Full name or business name.
• Date of birth and age.
• Landline and/or mobile phone number.
• Email address.
• Handwritten signature.
• Home address.
• Copy of official identification.
• Banking information.
• Location.

If it becomes necessary to collect, process, or transfer sensitive personal data for the aforementioned purposes, we will require your express consent in accordance with the applicable Law. When collecting such data, you will have access to this privacy notice and will be required to sign it at the bottom. The privacy notice will be made available at KILIMO’s offices for signature after proper identification.

We are committed to ensuring that all data collected will be treated with the highest security standards to guarantee confidentiality.

If you wish to exercise your ARCO rights (Access, Rectification, Cancellation, or Opposition) regarding your personal data, or revoke your previously granted consent, you may do so by contacting us at the following email address: [email protected], where you will be informed of the appropriate procedure.

Your personal data will not be transferred to third parties for purposes other than those necessary to provide you with better service, without your prior consent. Any modifications to this privacy notice will be published on our website: https://kilimo.com/. For the full version of our privacy notice, please refer to the “Privacy Notice” link on our website, where the full text will be displayed.

The date of the last update to this privacy notice: 13th of February 2025.

INTEGRAL PRIVACY NOTICE

In accordance with Articles 15, 16, and 17 of the Federal Law on Protection of Personal Data Held by Private Parties (the “Law”), KILIMO MÉXICO S.A. DE C.V. (“KILIMO” or the “Responsible Party”) is committed to protecting and safeguarding your personal data to prevent damage, loss, destruction, theft, unauthorized access, alteration, or misuse.

KILIMO, with its address at Minerva 77, Colonia Crédito Constructor, Benito Juárez, Postal Code 03940, Mexico City, will collect personal data voluntarily provided by you through direct contact, forms, or any other communication channel between you and KILIMO or its agents. Personal data may also be obtained indirectly through third-party transfers or from publicly available sources, in accordance with Articles 10 of the Law and 7 of its Regulations.

When it is necessary to collect, process, or transfer sensitive personal data to fulfill the purposes set forth in this privacy notice, we will require your express consent, in accordance with the law. Therefore, when sensitive personal data is collected, you will have this privacy notice available for you to sign at the bottom.

We are committed to ensuring that such data will be processed under the strictest security measures to guarantee its confidentiality.

In the case of third parties whose personal data we collect through you, we also take the necessary security and confidentiality measures for its processing, in compliance with and always adhering to this Privacy Notice and the Law.

You express your will and consent for your personal data to be processed according to the terms and conditions of this Privacy Notice. Otherwise, you will need to contact us at [email protected] or visit our facilities to initiate a procedure for such purposes.

The personal data collected will be used for the following purposes:

• To provide KILIMO services.

• To execute water compensation projects.

• Commercial prospecting.

• Sending communications on topics of interest to the client, including promotions.

• Meeting the specific needs of each client.

• Generating statistical indicators and information to improve service delivery, optimize water resource usage, etc.

• To fulfill KILIMO’s obligations to its clients.

Information Transfer

KILIMO may hire one or more third parties as suppliers of goods or services that support the activities of providing our services, promoting and marketing our services, handling and managing the personal data provided to us, and establishing a professional relationship between a third party and the data subject. Likewise, KILIMO may share or transmit your personal data with its collaborators and/or partners for the same purposes contained in this privacy notice. Under no circumstances will KILIMO commercialize, sell, or rent personal information to a third party without your prior consent.

In accordance with the law, it is understood that you have given your consent for the aforementioned transfer of personal data if you do not object to the transfer of your data. Additionally, by accepting this Privacy Notice, the personal data provided to KILIMO will be compiled into an electronic database exclusively owned by KILIMO, with a retention period of five years.

Security and Control Measures Used to Protect Personal Data

KILIMO has implemented administrative, technical, and physical security measures to protect your personal data, which we also require to be followed by the service providers we contract.

Responsible Area for the Management and Administration of Personal Data

The areas responsible for the management and administration of data are: administration and supervision, and they can be contacted via email at [email protected] or directly at our offices located at Rio Tigris 32, Cuauhtemoc, Ciudad de Mexico.

How to Exercise ARCO Rights and Revoke Consent

You may initiate the ARCO rights protection procedure before the National Institute for Transparency, Access to Information, and Personal Data Protection (INAI) within 15 days following the date KILIMO responds to your request, or if KILIMO does not respond within the term stipulated by law.

As the owner of your personal data, you may exercise the rights of access, cancellation, rectification, and opposition to the processing of your personal data (ARCO) or revoke the consent you have given to KILIMO by directly sending your request to the administration and supervision areas via email at [email protected]. This request must at least contain: i) your name, address, and the means to communicate the response to your request, ii) proof of your identity or legal representation, iii) a description of the personal data to which you are requesting to exercise one of the ARCO rights, iv) an express statement to revoke consent for the processing of personal data and, therefore, to prevent its use, and v) any other element that facilitates the location of the personal data.

Once this request is received, KILIMO will inform you, using the means provided in the request, within no more than 20 (twenty) business days (this period may be extended) about the admissibility or inadmissibility of the request.

Modifications to the Privacy Notice

KILIMO reserves the right to modify or update this privacy notice at any time in response to legislative changes, internal policies, or new requirements for the provision of our services. In case of any changes, they will be communicated through the KILIMO portal and visible notices in our establishments.

The date of the last update to this privacy notice: 13th of February 2025.