Your right to privacy is important to the National Dairy Farmers Assuring Responsible Management Program, managed by the National Milk Producers Federation (collectively referred to as “NMPF,” “FARM Program,” “us” or “we”). This policy explains how we collect, use, and share information that identifies you (the “Personal Information”) that we obtain from you or others through or in connection with the FARM Program services and website (collectively “Services”). Nothing in this policy purports to grant NMPF or its affiliates ownership of the information and data you provide to NMPF. For more information on data ownership and use of our website, see our Terms of Service.
Collection of Personal Information
We collect Personal Information that is provided to us by Farmers, Evaluators, and Program Participants who use our Services. We also collect Personal Information automatically through tracking technologies when you use our websites. Below are examples of the information that we collect:
- Information that is provided to us by Farmers, Evaluators, and Program Participants in the FARM Program, including name, address, phone number, email address, employee names, and payment and billing information.
- Information that users provide through our websites, including name, date, and any Personal Information submitted through the website.
- Information automatically collected through tracking technologies when you use our websites, including usage and technical information to create a more personalized online experience.
- Information received from applicants for employment positions.
If you choose not to provide Personal Information when requested, certain services may be unavailable, where the service requires such disclosure.
We may also collect certain electronic information that cannot be associated with you personally, such as the domains you visited immediately prior to visiting our websites, the number of visitors to our websites, browsing patterns and areas of interest on our websites. We may collect this information in order to help us improve the Services, and better serve our customers, job applicants, and others. Because such information is not Personal Information, it is not subject to the remaining provisions of this policy.
Use of Personal Information
We use your Personal Information for the following business purposes:
- operate and oversee the FARM Program;
- fulfill the purpose for which you provided the information, including:
- providing you with the services for which you have registered, and any other services or products that you have registered,
- administering the services or products,
- verifying your identity,
- sending you necessary communications, and
- providing customer service or support.
- for research purposes;
- create, maintain, customize, and secure your account with us;
- provide, support, personalize, and develop our Services;
- process your requests, purchases, transactions, and payments and prevent transactional fraud;
- help maintain the safety, security, and integrity of our Services, databases, and other technology assets, and business;
- fulfill contracts, or to take steps in connection with fulfilling contracts; and
- evaluate employment candidates.
Where we process your information based on legitimate interests, you can object to this processing in some circumstances. In these cases, we will cease processing information unless we are required to do so by law or doing so is necessary to operate the FARM program.
We may use aggregated information and de-identified information without restriction.
Disclosure of Personal Information
The FARM Program will not provide identifiable information to unaffiliated third parties, government authorities or regulators except as provided in this section. Under certain circumstances, we may provide your Personal Information to third parties for the business purposes described above. When we disclose Personal Information for a business purpose, we enter a contract that describes the purpose and requires the recipient to both keep that Personal Information confidential and not use it for any purpose except performing the contract. We may disclose your Personal Information to the following entities:
- To Government authorities where disclosure is required by law or by court order. If NMPF becomes legally required to disclose Personal Information, NMPF will, to the fullest extent allowed by law, give the disclosing party prompt notice of such requirement so that the disclosing party may seek protective order or other legal or equitable remedies that may be available.
- To Program Participants following a deletion request, provided that such disclosure will be limited to the information retained by NMPF following such deletion request as set forth in our Terms of Service and will be made only to the extent NMPF determines disclosure is necessary to prevent harm;
- Researchers or industry partners, but only after the Personal Information is anonymized;
- As permitted by our Terms of Service; and,
- Vendors that provide services to us, such as analytics, training, and database management providers.
We may also share your personal information:
- When you agree to the sharing; or
- When we have a good faith belief that we are required to provide information in response to a court order, or other applicable law or legal process. If NMPF becomes legally required to disclose Personal Information, NMPF will, to the fullest extent allowed by law, give the disclosing party prompt notice of such requirement so that the disclosing party may seek protective order or other legal or equitable remedies that may be available.
We do not sell your Personal Information or share the Personal Information for marketing purposes.
Other than as necessary to provide you with the Services, we do not share your Personal Information with other websites (unless we have asked for your consent to do so) and are not responsible for their privacy practices.
Security of Personal Information
We have implemented technical, physical and administrative measures, as well as policies and procedures designed to safeguard your privacy from unauthorized access, use, disclosure, modification or destruction. Although we take efforts to protect your Personal Information, we cannot guarantee the security of your Personal Information transmitted over the internet or any wireless network. We will rely on currently
available technologies and take appropriate security measures to protect your Personal Information. If you have any concern about the security of your Personal Information (for example, if you feel that the security of your account has been compromised), please contact us via the methods in the “How to Contact Us” section below.
Changes to this Policy
Our website does not knowingly collect Personal Information of children under the age of 13. If we learn that we have collected personal information from a child under the age of 13, we will promptly delete that information. If you believe that a child under the age of 13 may have provided us with personal information, please contact us as specified below.
How to Contact Us
Please submit any questions, concerns or requests to exercise your applicable rights to us at firstname.lastname@example.org or 703-243-6111.
NMPF is a nonprofit corporation and is therefore exempt from the California Consumer Privacy Act.
Last Updated: 8/16/2022
Terms of Service
Our Terms of Service
THESE TERMS CONTAIN A MUTUAL ARBITRATION AGREEMENT THAT REQUIRES YOU AND NMPF AND/OR THE FARM PROGRAM TO RESOLVE DISPUTES WITH EACH OTHER THROUGH FINAL AND BINDING ARBITRATION. PLEASE REVIEW THE ARBITRATION SECTION OF THESE TERMS CAREFULLY. BY AGREEING TO THESE TERMS, YOU EXPRESSLY ACKNOWLEDGE THAT YOU HAVE READ AND UNDERSTAND ALL FO THE TERMS OF THIS AGREEMENT AND HAVE TAKEN TIME TO CONSIDER THE CONSEQUENCES OF THIS
Permitted Use and Users of the Services
You may use the Services only if you are 18 years or older and a Program Participant that has completed a Participation Agreement, an Employee of a Program Participant, a Farmer, or an Evaluator and you have been given access to the FARM Program through the FARM Program itself or a Program Participant. Your use of the Services, including use of Services by your employees, must be in accordance with all applicable laws at all times. Any use of the Services not provided for in these Terms is prohibited and must be specifically agreed to in writing by the FARM Program.
- Program Participant means a milk marketer, a cooperative, a dairy farm, or other entity, including the employees and contractors of such entity, that has signed the FARM Participation Agreement, is given access to the Services by the FARM Program, and that provides access to the FARM Program to Farmers and Evaluators.
- Farmer means a farm, or an employee, contractor, or agent of a farm, that provides Information and Data to Evaluators or directly to the FARM Program in connection with the FARM Program’s Animal Care, Workforce Development, Biosecurity, or Environmental Stewardship program areas.
- Evaluator means an individual who has been certified by the FARM Program to conduct evaluations under the FARM Program’s Animal Care, Workforce Development, Biosecurity, or Environmental Stewardship program areas.
- Affiliated Program Participant means the Program Participant(s) through which a Farmer, farm, or Evaluator participates in the FARM Program.
- Former Affiliated Program Participant means the Program Participant(s) through which a Farmer, farm, or Evaluator formerly participated in the FARM Program.
- Other Users means other individuals or entities who may be granted access to the FARM Program database (such as contractors or third-party evaluators under agreement). Other users are bound by these Terms.
Restrictions on Access to and Use of the Services
You may not use the Services for any purpose that is unlawful, prohibited by these Terms, or prohibited by your participation agreement. You may not use the Services in any manner that could damage, disable, overburden, or impair our servers, or the network(s) connected to our servers, or interfere with any other party’s use and enjoyment of the Services. You may not attempt to gain unauthorized access of the Services, other accounts, computer systems or networks connected to our servers or to any of the Services content, through hacking, password mining or any other means. You may not obtain or attempt to obtain any materials or information through any means not intentionally made available through the Services or commercialize or sell any information obtained through the use of the Services without express written consent of the FARM Program.
Any use of the Services, in whole or in part, not expressly permitted by these Terms or your participation agreement is a breach of these Terms and may violate copyright, trademark, and other laws.
Farmers are the owners of any Information and Data provided to the FARM Program by the Program Participant or the Farmer connected to completion of first-party, second-party, and third-party evaluation(s) of facilities under the Farmers’ ownership. Farmers have the unrestricted right to access, use, and maintain copies of any Information and Data about their farm and facilities provided to the FARM Program for as long as the FARM Program exists. This right includes the right to provide their Information and Data to Program Participants, for example when transferring from one Program Participant to another. By agreeing to these Terms, Farmers grant NMPF and the FARM Program the unrestricted right to use and disclose such Information and Data as needed to operate the FARM Program, including but not limited to the unrestricted right to provide or support the provision of the Services, to improve the Services, to conduct analyses, and to engage in research-related activities. This includes the right to maintain, use, and disclose certain information about a Farmer following a Farmer’s termination of the Services and not withstanding any deletion requests, as described in these Terms. It also includes the right to share anonymized FARM Environmental Stewardship evaluation data with the Innovation Center for U.S. Dairy to be used in analyzing progress toward industry-wide goals, or for other analysis deemed relevant by the Innovation Center for U.S. Dairy to industry-wide sustainability efforts. In addition, by agreeing to these Terms,
Farmers grant to any Affiliated Program Participant(s) access to the Farmer’s Information and Data provided through the Farmer’s completion of second-party and third-party evaluations for as long as the affiliation between the Farmer and Affiliated Program Participant(s) remains in effect. Farmers also grant each Former Affiliated Program Participant access to FARM Environmental Stewardship evaluation information or data for past FARM Environmental Stewardship evaluations conducted through such Former Affiliated Program Participant. Such FARM Environmental Stewardship evaluation information or data shall be in an anonymized format that does not disclose personally identifying information about the
Farmer. By agreeing to these terms, Farmers also grant Program Participants the unrestricted right to share first-party, second-party, or third-party evaluation information or data in an aggregated format that does not disclose personally identifying information about any Farmer.
Program Participants have the right to access, use, and maintain copies of any Information and Data about a Farmer (for whom they are an Affiliated Program Participant) provided to the FARM Program connected to completion of first-party, second-party, third-party evaluations for as long as the affiliation between the Farmer and the Affiliated Program Participant remains in effect. By agreeing to these Terms, Program
Participants grant NMPF and the FARM Program the unrestricted right to use and disclose their Information and Data to operate the FARM Program, to provide or support the provision of the Services, to improve the Services, to conduct analyses, and to engage in research-related activities. Program Participants may externally share second-party or third-party evaluation information or data in an aggregated format that
does not disclose personally identifying information about any Farmer. Program Participants may not externally disclose anonymized evaluation information about a Farmer or data that contains personally identifying information about any Farmer without first obtaining the Farmer’s informed written consent. A Program Participant’s disclosure of data containing personally identifying information about any Farmer without first obtaining expressed written consent from the Farmer to disclose such information is grounds for delisting from the FARM Program.
The FARM Program and NMPF are the owners of all work products created by NMPF and the FARM Program using Information and Data provided by Program Participants and Farmers or using any other information in connection with a Program Participant, Farmer, or Evaluator’s use of the Services. Such work products include but are not limited to: reports, fact sheets, websites, studies, data base structures, and de-identified data sets.
Copyrights, Trademarks and Other Proprietary Rights
NMPF (and our licensors) remains the sole owner of all right, title, and interest in the FARM Program and Services, including any copyrights, trade secrets, trademarks, service marks or trade names that it owns and appears on the website. Except as stated in these Terms, we do not grant you any rights to copyrights, trade secrets, trademarks, or any other rights in respect to the FARM Program and the Services.
Certain trademarks, service marks or trade names that appear on the website may be owned by other parties and are being used by NMPF license. The licensors of those marks and trade names also retain all ownership rights in their intellectual property. The entire content of our Services, including, but not limited to, text, design, software, photography, video, graphics, sound and information and the selection, coordination,
arrangement, and enhancement thereof, are protected under the copyright laws of the United States, international treaties and other intellectual property laws.
You are responsible for maintaining the confidentiality of any user names and passwords used to access the FARM Program. In the event you believe your user name or password has been compromised you will immediately contact the FARM Program and change your password.
Termination and Deletion Requests
You may stop using our Services at any time. Upon termination and subject to limitations contained in these Terms, Farmers may request deletion of their data and/or request a copy of the Information and Data provided to the FARM Program. NMPF will complete all deletion requests within ninety (90) days of receipt. Farmers acknowledge and agree that maintaining certain information about Farmers is necessary to operate the FARM Program and that NMPF may maintain such information notwithstanding a deletion request for as long as NMPF determines in its sole discretion that the maintenance of such information is necessary. This information consists of the following:
- information sufficient to identify the farm, including the farm’s name and address;
- the Farmer’s stated reason for the deletion request;
- the date of the farm’s last completed Animal Care evaluation (or, in the case of an overdue Animal Care evaluation, the date such evaluation was due);
- the type, status, and due date(s) of any unresolved Immediate Action Plans (IAPs), unresolved Mandatory Correction Action Plans (MCAPs) and unresolved Continuous Improvement Plans (CIPs);
- third-party evaluation data including Evaluator name and Program Participant name that does not contain other personally identifying information about the Farmer; and the status and outcome of any initiated Willful Mistreatment Protocols.
You are responsible for downloading the export of your Information and Data prior to the date of termination.
The FARM Program and NMPF reserve the right to suspend or terminate your access to the Services for any reason, including if:
(a) you breach these Terms,
(b) your use of the Services would cause a real risk of harm or loss to us or other users,
(c) your organization is delisted from the FARM Program for non-compliance with program standards or any breach of the FARM Program participation agreement, or
(d) you have not accessed our Services for 12 consecutive months.
The FARM Program will delete a terminated Program Participant’s Information and Data after three (3) years from the date of termination.
Discontinuation of Services
The FARM Program and NMPF may decide to discontinue the Services in response to unforeseen circumstances, to comply with a legal requirement, or for another reason. If we do so, we may give you reasonable prior notice so that you can export your information from our systems.
The FARM Program and NMPF strive to provide great services, but there are certain things that we cannot guarantee. TO THE FULLEST EXTENT PERMITTED BY LAW, WE AND OUR AFFILIATES MAKE NO WARRANTIES, EITHER EXPRESS OR IMPLIED, ABOUT THE SERVICES. THE SERVICES ARE PROVIDED “AS IS.” WE ALSO DISCLAIM ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT.
Limitation of Liability
THE FARM PROGRAM, NMPF, OUR AFFILIATES, WILL NOT BE LIABLE FOR:
I. ANY INDIRECT, SPECIAL, INCIDENTAL, PUNITIVE, EXEMPLARY, OR CONSEQUENTIAL DAMAGES, OR
II. ANY LOSS OF USE, DATA, BUSINESS, OR PROFITS, REGARDLESS OF LEGAL THEORY.
THESE EXCLUSIONS OR LIMITATIONS WILL APPLY REGARDLESS OF WHETHER OR NOT WE OR ANY OF OUR AFFILIATES HAVE BEEN WARNED OF THE POSSIBILITY OF SUCH DAMAGES.
IF YOU USE THE SERVICES FOR ANY COMMERCIAL, BUSINESS, OR RE-SALE PURPOSE, OR OTHERWISE IN VIOLATION OF THESE TERMS WE, OUR AFFILIATES WILL HAVE NO LIABILITY TO YOU FOR ANY LOSS OF PROFIT, LOSS OF BUSINESS, BUSINESS INTERRUPTION, OR LOSS OF BUSINESS OPPORTUNITY. WE AND OUR AFFILIATES AREN’T RESPONSIBLE FOR THE CONDUCT, WHETHER ONLINE OR OFFLINE, OF ANY USER OF THE SERVICES. WE LIMIT OUR LIABILITY TO YOU TO 100% OF ANY AMOUNT PAID FOR THE SERVICES.
You agree to indemnify and hold harmless the National Milk Producers Federation, the FARM program, and their affiliates, members, directors, agents, and employees, against all loses, damages, liabilities, cost of expenses, including reasonable attorneys’ fees resulting from all claims, proceedings, investigations, or actions that arise from your participation in the FARM program, any breach of the terms of its participation or any negligent acts or omissions in performing its obligations as a participant. This indemnification obligation shall survive the expiration or termination of your term of participation.
These Terms are governed by the laws of the United States (including federal arbitration law) and the State of Virginia, without regard to its principles of conflicts of law, and regardless of your location.
You agree that all disputes arising out of or related to these Terms, your use of the Services, or any aspect of the relationship between you, NMPF, and/or the FARM Program, whether based in contract, tort, statute, fraud, misrepresentation or any other legal theory, will be resolved by compulsory arbitration in accordance with the rules of the American Arbitration Association applicable at the time of such dispute. Such
compulsory arbitration will be the exclusive remedy available to you, NMPF, and/or the FARM Program for all disputes related to or arising out of these Terms. Arbitration shall occur at a mutually acceptable location in Arlington, Virginia. Any decision rendered in such arbitration shall be enforceable in any federal district court where venue is appropriate.
These Terms constitute the entire agreement between you and us with respect to the subject matter of these Terms and supersede and replace any other prior or contemporaneous agreements, or terms and conditions applicable to the subject matter of these Terms. These Terms create no third-party beneficiary rights.
Waiver, Severability & Assignment
Our failure to enforce a provision is not a waiver of our right to do so later. If a provision is found unenforceable, the remaining provisions of the Terms will remain in full effect. You may not assign any of your rights under these Terms, and any such attempt will be void. The FARM Program and NMPF may assign our rights to any of our affiliates, or to any successor in interest of any business associated with the Services.
We may revise these Terms from time to time, including to reflect:
(a) changes to the law,
(b) new regulatory requirements, and
(c) improvements or enhancements made to our Services.
If an update affects your use of the Services or your legal rights as a user of our Services, we will notify you prior to the update’s effective date by sending an email to the email address associated with your account. These updated terms will be effective no less than 30 days from when we notify you.
If you do not agree to the updates we make, please cancel your account before they become effective. By continuing to use or access the Services after the updates come into effect, you agree to be bound by the revised Terms.
Last updated: 8/16/2022