Third Party Data Exchange

Scope

These additional terms of use apply to you because you have elected to:

(a)     share data relating to your HawkEye account, and/or one or more Properties you own or occupy, with a Third Party (or authorise Ravensdown to share such data on your behalf); and/or

(b)     share data relating to you, your business and/or your Properties which is collected by and/or stored with Third Parties with Ravensdown (or authorised the Third Party to share such data with Ravensdown on your behalf).

These additional terms, together with the standard HawkEye terms of use as amended or replaced from time to time (which are available on the HawkEye website at www.hawkeye.farm) (the Standard HawkEye Terms), apply to the sharing of the Data with Third Parties, and the sharing of Third Party Data with Ravensdown, with your consent.

These additional terms set out the terms on which you provide your authorisation for Ravensdown to share certain Data with Third Parties on your behalf, and/or agree for Ravensdown to access and use certain Third Party Data.  By providing your authorisation in accordance with these additional terms, and/or agreeing to share Third Party Data with Ravensdown, you agree to be bound by these terms.

Supply of Data to Third Parties

You can provide your authorisation of the specific Data which can be shared by Ravensdown with Third Parties, and which Third Parties that Data can be shared with, by logging into your HawkEye account and making such selections on the relevant webpage provided by Ravensdown (each a Data Selection).

By making a Data Selection, and checking the tick box agreeing to that Data Selection, you irrevocably agree that we may transfer the relevant Data to the relevant Third Party set out in that Data Selection (each an Authorisation).

As part of each Authorisation, if selected by you as part of a Data Selection, you irrevocably consent to:

(a)     Ravensdown providing Sales Information for the selected reporting period based on your Ravensdown invoices to the Third Party;

(b)     where an order has a split invoice between two parties, Ravensdown providing all Sales Information from that invoice to the Third Party; and

(c)     Ravensdown providing Application Information for a period specified by you, based on applications manually recorded, received from a third-party spreading provider or uploaded from a C-Dax spreading unit to the Third Party.

You acknowledge that Ravensdown may maintain a log of all Authorisations provided by you under these additional terms and may provide to the relevant Third Party details of your Authorisations as evidence of your consent.

You acknowledge that, once the Data has been shared with the relevant Third Party, Ravensdown cannot control what the relevant Third Party does with the Data.

Each Authorisation is made in addition to any other authorisation provided by you to Ravensdown pursuant to any written agreements or other arrangements you have entered into with Ravensdown.

Cancellation

You may cancel or disconnect the data sharing arrangement between your HawkEye account and the Third Party at any time by logging into your HawkEye account, and requesting cancellation or disconnection under the ‘add on menu’. 

You acknowledge that such request will not affect any Data which has been shared previously in accordance with your Authorisations and Ravensdown will be unable to secure return of this Data from a Third Party.

Supply of Third Party Data To Ravensdown

Where you supply Third Party Data to Ravensdown and/or authorise a Third Party to share Third Party Data with, or grant access to such Third Party Data to, Ravensdown, you acknowledge and agree that:

(a)     Ravensdown may access, use, copy, and/or disclose such Third Party Data in order to provide products and/or services to you or for any other reason you authorise;

(b)     where the Third Party has shared Third Party Data with, or granted access to such Third Party Data to, Ravensdown, you have provided all necessary consents and authorisations to such disclosure or access; and

(c)     Ravensdown may rely on the accuracy and completeness of the Third Party Data when using that Third Party Data, including to provide products and/or services to you and to generate or provide further data, outputs or recommendations to you as part of providing such products and/or services.

Warranties and liability

To the maximum extent permitted by law:

(a)     all warranties and representations (whether express or implied by law) from Ravensdown in relation to the supply of Data to Third Parties, Ravensdown’s use of Third Party Data in accordance with these additional terms or otherwise relating to these additional terms are excluded; and

(b)     Ravensdown will have no liability to you (or to any other person), whether in contract, tort (including negligence) or otherwise, resulting from:

             (i)               any Third Party’s use or handling of the Data;

           (ii)               Ravensdown’s use of Third Party Data in accordance with these additional terms, including in connection with any defects or issues in products and/or services provided to you (or any other person) which uses, relies on or incorporates any Third Party Data that is inaccurate or incomplete; or

         (iii)               otherwise arising out of or in connection with these additional terms (including without limitation any unauthorised access, loss or disclosure of the Data).

To the extent Ravensdown is held to have any liability to you, Ravensdown’s liability in respect of all claims howsoever arising will be limited to the greater of the fees (if any) paid by you to Ravensdown for the relevant data integration or data sharing and $100.

Notwithstanding any other provision in these additional terms, in no event will Ravensdown be liable to you (whether in contract, tort (including negligence) or otherwise) for any special, indirect, incidental or consequential loss, damage, injury or expense suffered or incurred by you arising under or in connection with these additional terms.

You warrant to Ravensdown that:

(a)     you have full power and authority to provide the Authorisations in accordance with these additional terms;

(b)     all information you provide that forms part of the Data or Third Party Data is true and accurate in all respects; and

(c)     to the extent any of the Data or Third Party Data contains information of, or relating to, or owned by, a Third Party (including your personnel, any landowner or sharemilker), you have obtained all necessary consents, authorisations and rights from that Third Party to share that information and, in the case of Third Party Data, for Ravensdown to use that information in accordance with these additional terms.

You are solely responsible for your own compliance with all laws and other requirements relating to you, your Properties and your business.

You indemnify us against any loss, liability, cost, claim or expense we suffer or incur as a result of any breach of these additional terms by you, as a result of us transferring any Data to Third Parties in accordance with these additional terms, or as a result of our use of Third Party Data in accordance with these additional terms.

Definitions

In these additional terms:

Data means information based on your individual Ravensdown and HawkEye accounts based on your unique Ravensdown customer number. This information may include Sales Information, Application Information, landholdings, land categories, Ravensdown customer name, and contact details.

Sales Information means sales made by Ravensdown to you or split with another party from a single order based on dispatched quantities.

Application Information means fertiliser applications/spreads recorded in HawkEye against your unique Ravensdown customer number.

Property means a property which is operated as a single economic farming unit from both a business and operational perspective, as determined by us.  Factors considered when determining whether a property is a single economic unit include how the property is managed on a day-to-day basis, how the property is treated for accounting purposes and how the property is treated by third party providers.  Factors not considered include the ownership of the property, the geographic continuity of the property, and the variety of the stock or crops on the property.

Third Party means a person or company external to Ravensdown, which at the date of these additional terms includes Fonterra Co-operative Group Limited.

Third Party Data means any data about you, your business and/or your Properties which is collected by and/or stored with Third Parties.

Ravensdown, we, us, or our means Ravensdown Limited or any other member of the Ravensdown group.

Amendment

We may amend or replace these additional terms from time to time, in the same manner as we may amend or replace the Standard HawkEye Terms.