Welcome to soyexcellence.org (the “Site”). The U.S. Soybean Export Council (“USSEC” or “we” or “our”) has developed this Site to facilitate employee training and continuing education activities that build the knowledge and skills to help employees overcome key challenges and operational hurdles in food and agribusiness operations. These Terms of Use (“Terms”) apply to all users (“you” or “your” or “user”) of the Site.
You do not have to be a registered End User to use our Site and the information made available on our Site. However, in order take full advantage of our Platform and Services, through which users may communicate with each other and participate in training and other educational programs via our Platform and the Services, you must register as an End User. When you complete the registration process on the Site, you will be able to fully use the Platform and Services. As part of the registration process, you must accept our End User License Agreement (“EULA”), and our Privacy Policy. The terms Platform, Services, End User and other capitalized terms not defined here, are defined in the EULA, or the Privacy Policy.
PLEASE READ THESE TERMS CAREFULLY BEFORE USING THE SITE. YOUR USE OF THE SITE IS DEEMED AN ACCEPTANCE OF THESE TERMS. IF YOU DO NOT AGREE WITH THESE TERMS, PLEASE DO NOT USE THE SITE.
We update our Platform and Services offerings our Site from time to time; therefore, we may also update these Terms of Use. The most current version of these Terms will be indicated by the “Last Updated” date at the top of this document. Please check these Terms periodically to keep apprised of any changes. By continuing to use this Site after these Terms have been updated, you are agreeing to the most current version.
OWNERSHIP AND INTELLECTUAL PROPERTY RIGHTS
We are the sole owner the name and logo Soy Excellence Center Community POD™, and of the content and materials published on our Site (collectively, “Site Content”) and all intellectual property rights associated with our Site Content. Our name, logo, and Site Content is protected by United States and international copyright, trademark, and other intellectual property laws. You may not modify, copy, reproduce, republish, upload, post, transmit, or distribute in any way our name, logo, Site Content, or any underlying software or source code.
You may download extracts of Site Content for your personal reference, but not for any commercial use. You must keep intact all copyright and other proprietary notices on the Site Content you download and use, and you must include our copyright notice on any copies you make of the Site Content. You may not use any illustrations, photographs, video or audio sequences or any graphics separately from any accompanying text.
USER CONTRIBUTIONS
The Site may contain message boards, chat rooms, personal web pages or profiles, forums, bulletin boards, and other interactive features (collectively, “Interactive Services”) that allow End Users to post, submit, publish, display or transmit to other users or other persons (hereinafter, “post”) content or materials (collectively, “User Contributions”) on or through the Site.
All User Contributions must comply with the Content Standards set out in the Terms.
Any User Contribution you post to the Site will be considered non-confidential and non-proprietary. By providing any User Contribution on the Site, you grant us and our affiliates and service providers, each of their and our respective licensees, and the successors and assigns of all of the foregoing the right to use, reproduce, modify, perform, display, distribute and otherwise disclose to third parties any such material for any purpose.
You represent and warrant that:
You understand and acknowledge that you are responsible for any User Contributions you submit or contribute, and you, not USSEC, have fully responsibility for such content, including its legality, reliability, accuracy and appropriateness.
We are not responsible, or liable to any third party, for the content or accuracy of any User Contributions posted by you or any other user of the Site.
MONITORING AND ENFORCEMENT; TERMINATION
We have the right to:
Without limiting the foregoing, we have the right to fully cooperate with any law enforcement authorities or court order requesting or directing us to disclose the identity or other information of anyone posting any materials on or through the Site. YOU WAIVE AND HOLD HARMLESS USSEC ANY AND ITS AFFILIATES AND THE LICENSEES AND SERVICE PROVIDERS OF THE FOREGOING FROM ANY CLAIMS RESULTING FROM ANY ACTION TAKEN BY ANY OF THE FOREGOING PARTIES DURING OR AS A RESULT OF ITS INVESTIGATIONS AND FROM ANY ACTIONS TAKEN AS A CONSEQUENCE OF INVESTIGATIONS BY EITHER SUCH PARTIES OR LAW ENFORCEMENT AUTHORITIES.
However, we do not undertake to review all material before it is posted on the Site, and cannot ensure prompt removal of objectionable material after it has been posted. Accordingly, we assume no liability for any action or inaction regarding transmissions, communications or content provided by any user or third party. We have no liability or responsibility to anyone for performance or nonperformance of the activities described in this section.
CONTENT STANDARDS
These content standards (the “Content Standards”) apply to any and all User Contributions and use of Interactive Services. User Contributions must in their entirety comply with all applicable federal, state, local and international laws and regulations. Without limiting the foregoing, User Contributions must not:
CHANGES; DISCONTINUANCE OF SITE
We endeavor to regularly update our Site and the Site Content, but we are under no obligation to do so. The look, structure, functionality, and Site Content may be changed from time to time. We may suspend your access to the Site or portions of the Site, and/or to the Platform and Services. We may discontinue the Site, Platform, and some or all Services at any time as we deem necessary in our sole and absolute discretion.
Prohibited Uses
You may use our Site only for lawful purposes. You may not use our Site:
WARRANTY DISCLAIMERS
THE SITE IS PROVIDED “AS IS” AND “AS AVAILABLE,” WITHOUT WARRANTY OF ANY KIND. YOUR USE OF THE SITE, SITE CONTENT, PLATFORM AND SERVICES IS AT YOUR SOLE RISK. TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, WE DISCLAIM ALL WARRANTIES, EXPRESSED OR IMPLIED, STATUTORY OR OTHERWISE, INCLUDING BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT OF THIRD PARTY RIGHTS, AND FITNESS FOR A PARTICULAR PURPOSE. WE DO NOT WARRANT THAT THE FUNCTIONALITY OF THE SITE WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT ANY PART OF THE SITE, THE PLATFORM, SERVICES, OR THE SERVERS ON WHICH THE SITE IS HOSTED ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. WE DO NOT MAKE ANY REPRESENTATIONS OR WARRANTIES CONCERNING THE ACCURACY, COMPLETENESS, SECURITY, OR TIMELINESS OF THE SITE CONTENT. SOME JURISDICTIONS MAY NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO SOME OF THE FOREGOING EXCLUSIONS MAY NOT APPLY TO YOU. CHECK YOUR LOCAL LAWS FOR RESTRICTIONS OR LIMITATIONS REGARDING THE EXCLUSION OF IMPLIED WARRANTIES.
LIMITATION OF LIABILITY
UNDER NO CIRCUMSTANCES WILL WE BE LIABLE TO YOU, ANY END USER, OR ANY THIRD PARTY FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES OF ANY KIND, INCLUDING, WITHOUT LIMITATION, LOSS OF BUSINESS OR PROFITS, LOSS OF DATA, COMPUTER VIRUSES, TECHNICAL, HARDWARE OR SOFTWARE FAILURES, OR LOST OR UNAVAILABLE NETWORK CONNECTIONS, ARISING FROM YOUR USE OR INABILITY TO USE THE SITE, PLATFORM, SERVICES, OR SITE CONTENT WHETHER BASED ON WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL FOUNDATION, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE SITE. TO THE EXTENT PERMITTED BY LAW, THE REMEDIES STATED FOR YOU IN THESE TERMS ARE EXCLUSIVE AND ARE LIMITED TO THOSE EXPRESSLY PROVIDED FOR HEREIN.
PRIVACY POLICY
As noted above, in accordance with our Privacy Policy, we collect and use certain information from visitors to our Site and from registered End Users. Please review the terms of our Privacy Policy before using our Site. By using our Site, you consent to such collection and processing of your information as described in our Privacy Policy.
LINKS TO THIRD PARTY SITE
Our Site may contain links to other Site and resources provided by third parties (“Third Party Resources”). We provide these links as a convenience to our Site users and End Users for convenience and informational purposes. When you click on any of these links, you will leave our Site and connect to the third party’s website (“Third Party Site”). We have not reviewed the content on any Third Party Site. We have no control over the content displayed on any Third Party Site, and we accept no responsibility for the content or accessibility of any Third Party Site, or for any loss or damage that may arise from your use of any Third Party Site or any content displayed on them or links from them. We do not endorse or make any warranties or representations about any Third Party Site or any information, software or other products or materials found there, or any results that may be obtained from using them. We do not guarantee that your use of services from any third party or their Third Party Site will provide you educational materials, or personal benefits. If you decide to access any of the Third Party Site, you do this entirely at your own risk.
GOVERNING LAW AND JURISDICTION
All matters relating to the Site and the Terms, and any dispute or claim arising therefrom or related thereto (in each case, including non-contractual disputes or claims), shall be governed by and construed in accordance with the internal laws of the State of Missouri without giving effect to any choice or conflict of law provision or rule (whether of the State of Missouri or any other jurisdiction).
Any legal suit, action or proceeding arising out of, or related to, the Terms or the Site shall be instituted exclusively in the federal courts of the United States or the courts of the State of Missouri although we retain the right to bring any suit, action or proceeding against you for breach of the Terms in your country of residence or any other relevant country. You waive any and all objections to the exercise of jurisdiction over you by all such courts and to venue in all such courts.
ARBITRATION
At our sole discretion, we may require you to submit any disputes arising from the Terms or use of the Site, including disputes arising from or concerning their interpretation, violation, invalidity, non-performance, or termination, to final and binding arbitration under the Rules of Arbitration of the American Arbitration Association applying Missouri law.
LIMITATION ON TIME TO FILE CLAIMS
ANY CAUSE OF ACTION OR CLAIM YOU MAY HAVE ARISING OUT OF OR RELATING TO THESE TERMS OR THE SITE MUST BE COMMENCED WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES; OTHERWISE, SUCH CAUSE OF ACTION OR CLAIM IS PERMANENTLY BARRED.
WAIVER AND SEVERABILITY
No waiver by us of any term or condition set forth in the Terms shall be deemed a further or continuing waiver of such term or condition or a waiver of any other term or condition, and any failure of USSEC to assert a right or provision under the Terms shall not constitute a waiver of such right or provision.
If any provision of the Terms is held by a court, arbitrator or other tribunal of competent jurisdiction to be invalid, illegal or unenforceable for any reason, such provision shall be eliminated or limited to the minimum extent such that the remaining provisions of the Terms will continue in full force and effect.
ENTIRE AGREEMENT
The Terms, our Privacy Policy, and the EULA, when applicable, constitute the sole and entire agreement between you and USSEC with respect to the Site and supersede all prior and contemporaneous understandings, agreements, representations and warranties, both written and oral, with respect to the Site.
YOUR COMMENTS AND CONCERNS
The Site is operated by USSEC, 16305 Swingley Ridge Rd. Suite 200, Chesterfield, MO, 63017.
All notices of copyright infringement claims should be sent to info@soyexcellence.org
All other feedback, comments, requests for technical support and other communications relating to the Site should be directed to: info@soyexcellence.org.
This Privacy Policy applies to the processing of Personal Information of all Soy Excellence Center users, contacts, vendors, suppliers and agents, and all visitors to https://soyexcellence.org (the “Site”) (regardless of where you visit it from). The Soy Excellence Center is a program offered by the U.S. Soybean Export Council (“USSEC”), and accordingly, the USSEC is the data controller that processes Soy Excellence Center data. When we refer to “we”, “us” or “our”, we are referring to USSEC.
Where you provide Personal Information to us on behalf of another individual or individuals (for example, on behalf of an organization when providing employee details), in doing so, you are confirming that: (a) you are authorized by each such individual to disclose such Personal Information to us for the purposes detailed herein; and (b) you have explained, provided notice and provided copies of this Privacy Notice to all data subjects on whose behalf you are providing information.
USSEC respects your privacy and is committed to protecting your privacy in connection with the collection, retention, use, disclosure, transfer and other processing (together, “processing”) of your Personal Information. The content provided on our Site is for informational purposes only. This Privacy Notice contains important information regarding USSEC’s information handling practices and the choices it offers individuals with respect to the processing of their Personal Information. If you choose to use the Site or provide us with your Personal Information, you are telling us you have read, fully understand and accept the information handling practices summarized in this Privacy Notice and consent to all actions that are consistent with this Privacy Notice. We encourage you to read this Privacy Notice in full to understand USSEC’s privacy practices before using the Site or providing any Personal Information to us.
This Privacy Notice applies to our processing of Personal Information. When we use the term “Personal Information” in this Privacy Notice, we mean information or data that identifies or relates to, directly or indirectly, an identified or identifiable natural person. This can be contact information, such as your name, home or other physical address, email address, telephone number, fax number, organization name and/or job title, as well as other information. Personal Information does not include aggregate information, anonymized information or information that is publicly available and not combined with nonpublic Personal Information.
This policy does not apply to any programs other than the Soy Excellence Center, and any organizations other than the USSEC.
How we collect Personal Information.
We collect Personal Information from you in the following ways:
Personal Information You Voluntarily Provide. If you voluntarily provide us with Personal Information, we may collect this Personal Information. You may voluntarily provide this information to us in a variety of ways, including by subscribing to receive news updates, event information and useful content that you have requested, when you communicate with us, when you participate in one of our programs, when you sign up for or create a user profile, or when you otherwise choose to interact with us.
Personal Information We May Automatically Collect. We may use various technologies to collect information about you when you visit the Site. These technologies may include:
Information from Third Parties and Other Sources. From time to time, we may collect information about you from third parties and other sources. We may combine information you provide to us or that we collect automatically from you with information we collect from other sources.
We collect different types of information from you depending on how you interact with our services. For example, we collect different information from you when you visit our website, versus when you participate in one of our programs. We may collect the following types of information:
Your personal data is used thoughtfully. We may use your Personal Information to:
While we do not sell, rent or lease any Personal Information collected through the Site to third parties, USSEC may disclose information about you in certain circumstances, including to:
Affiliates. We disclose information, including Personal Information, to our affiliates and organizations we partner with, including the U.S. Soybean Export Council or the American Soybean Association.
Vendors and Service Providers. These individuals are agents, contractors, vendors, or service providers who act on behalf of or in partnership with USSEC under our instructions for the limited and specific purpose of assisting us with our operations. In no event will that purpose be inconsistent with this Privacy Notice.
Legal Compliance recipients. Sometimes a law, court order or other judicial or administrative process requires us to provide Personal Information to a government authority or party to a private lawsuit. While USSEC will only provide such information that we in good faith believe is required to comply with the law, order or other legal process, we may disclose certain Personal Information if:
We will not disclose your Personal Information to any third party for uses other than those described in this Privacy Notice without first providing you with notice and a clear choice to “opt out” of such disclosure.
We are good shepherds of your information
We do not share your Personal Information with any third party for the purpose of marketing or sending you advertisements not affiliated with USSEC, the Soy Excellence Center or the American Soybean Association. Prior to making any disclosures to third-party agents, we will attempt to ascertain that such third parties are providing at least the same level of privacy protection as is required by this Privacy Notice and will take reasonable and appropriate steps to ensure that and the third-party agent is processing Personal Information in a manner consistent with our obligations under this Privacy Notice. We will require any third-party agents to notify the organization if that agent determines it is unable to provide the same level of privacy protection as is required by this Privacy Notice. To the extent that we are made aware of the unauthorized processing of your Personal Information, we will take reasonable and appropriate steps to stop and remediate the unauthorized processing.
The Site may contain embedded content or links to websites operated by third parties whose information handling practices are different from USSEC’s. This Privacy Notice does not apply to any information collected from you through such links or that you may provide on the websites you reach by utilizing those links. USSEC is not responsible for the content or privacy practices of websites linked to the Site or any website that is not sponsored by USSEC. You are encouraged to use common sense when using our Site and review the privacy practices of each website you elect to visit before submitting your Personal Information.
When you provide Personal Information to us, you consent to our using that Personal Information in a manner consistent with this Privacy Notice. You have the right to access, review, and correct Personal Information we maintain about you. If you believe that the Personal Information you have voluntarily provided to us is, or has become, unreliable, inaccurate, incomplete or untimely, you may review, revise, correct or update any of the Personal Information we may have about you by logging into your user profile, except where the burden or expense of providing access to such review, revision, correction or update would be disproportionate to the risk to your privacy, where the rights of persons other than you would be violated, where the organization’s confidential commercial information would be compromised, where it would interfere with the execution or enforcement of the law or with a private cause of action or where it would breach a legal or other professional privilege or obligation. You also have the right to opt-out of marketing communications we send to you, as detailed below in the “Opt-Out” section, as well as the right to object to certain processing activities, or where our processing is based on your consent. Please note that if you object to our processing of your personal information, we may not be able to provide you with services you request from us. Further, we may be required to continue processing your information where we have a legal obligation to do so or where an exception applies. You may appoint an agent to exercise these rights on your behalf.
If you wish to exercise any of the above rights, you may contact our Privacy Manager at info@soyexcellence.org, or by using the information in the “Contact Us” section below.
When you make a request to exercise your rights, we will take steps to verify your request, including that you are the individual making the request, or that you are authorized to authorized to make the request on a person’s behalf. We will not discriminate against you for exercising your rights.
We do not seek, nor do we knowingly process, so-called “sensitive” Personal Information. This category of Personal Information is more sensitive and relates to, for example, an individual’s race, sexual orientation, criminal allegations or offenses, mental or physical health or biometric information.
If you do not want us to use or continue using your Personal Information to send you marketing or promotional communications, you may request that we not do so (“opt out”) by following the procedures described below.
If you opt-out of marketing or promotional communications, we may still send certain transactional communications to you, including legal notices and updates, information directly related to services that you request from us, or other transactional communications. Please note that if you opt-out of receiving marketing and promotional communications, we will still retain your Personal Information consistent with our data retention policy for internal use, legal compliance, or to send you the transactional messages described above.
We are committed to ensuring that complaints concerning your Personal Information are investigated and resolved. For this reason, we have developed a complaint handling procedure. It is our intention to resolve all privacy-related complaints through this procedure, but you have the right to report a complaint to the relevant supervisory authority if you are not satisfied with our resolution. We respect your privacy, and if you submit a concern to USSEC, we are committed to investigating and taking the necessary steps to resolve your concerns. If you have any questions, please send an email to our Privacy Manager at info@soyexcellence.org.
We are concerned with the security of your Personal Information and consider the protection of Personal Information we process as critical to our organization’s mission of promoting soy and soybean products worldwide. We deploy a combination of reasonable and appropriate physical, technological and administrative safeguards to protect against the loss, misuse, unauthorized access, disclosure, alteration and destruction of any Personal Information we receive from you. We follow generally accepted security standards in our operations to protect the security of your Personal Information, both internally and from outsiders, and to ensure the integrity of the Personal Information we process, taking into account the relative risks involved and the nature of the Personal Information in question. Unfortunately, with any transmission over the internet, there is always some element of risk involved in submitting Personal Information and we do not guarantee the security of your Personal Information. If you have any questions about the security of your Personal Information, you can contact our Privacy Manager at info@soyexcellence.org. We will respond in a timely manner to your request.
We only retain Personal Information for as long as reasonably necessary for the purpose(s) for which the Personal Information was collected, including in accordance with our regular retention schedules, for our legitimate business purposes, or as otherwise required by law.
We commit to integrity, purpose limitation and access. We will not process Personal Information in a way that is incompatible with the purposes detailed in this Privacy Notice and will take all reasonable steps necessary to ensure that your Personal Information is reliable, accurate, complete and current. If you believe that the Personal Information you have voluntarily provided to us is, or has become, unreliable, inaccurate, incomplete or untimely, you may review, revise, correct or update any of the Personal Information we may have about you, as noted in the Your Choices section above. The legal basis for the processing of your personal information is generally pursuant to your consent, which you provide by visiting the website or voluntarily providing us with your personal information when you interact with us. We may also process personal information in furtherance of our contractual relationships, or pursuant to our legitimate interests. If you have any questions about our legal basis for processing your Personal Information, you can contact our Privacy Manager at info@soyexcellence.org. We will respond in a timely manner to your request.
The Site is not directed to children under the age of 18, and we do not seek, nor do we knowingly process, Personal Information from children under the age of 13. If you think that we have processed Personal Information from a child under the age of 13, please contact our Privacy Manager at info@soyexcellence.org.
We may revise or update this Privacy Notice at any time. The “Effective Date” at the top of this Privacy Notice reflects the date of the most recent revisions. The most current version of the Privacy Notice can be reviewed by clicking on the “Privacy Policy” link located at the bottom of each of our pages associated with the Site. We encourage you to periodically review this link for the latest information on our privacy practices. If we make material changes to our Privacy Policy, we will endeavor to provide you with direct notice, such as by sending you an email or posting a message in your user profile.
USSEC is a global organization – headquartered in the United States – that does business in many countries around the world. The jurisdiction in which you reside or in which you provide your data to us may not be the jurisdiction in which your data is processed. We may share your Personal Information among USSEC’s business units and offices, with our service providers and with other business partners that may be located in countries outside of your own (including in the United States). The jurisdiction that we process your information in – generally, the United States – may not have equivalent levels of data protection, or may have different levels of data protection, than the country you reside in. By interacting with USSEC, you consent to the transfer of Personal Information to the United States. Although the data protection laws of these various countries may differ from those in your own country, we have put in place appropriate safeguards to ensure that your Personal Information is handled as described in this Privacy Notice and in accordance with the law.
If you have questions about USSEC’s Privacy Notice, our information handling practices or any other aspect of privacy and security of your Personal Information, please send an email to our Privacy Manager at info@soyexcellence.org. You may also write us at USSEC Global Office, Attn: Privacy Manager, 16305 Swingley Ridge Road, Suite 200, Chesterfield, MO 63017 – USA.