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Data Use Policy

Data Use Policy for

The Soil Inventory Project, Inc.

Last Updated: December 15, 2023

This Data Use Policy (" Data Policy") establishes the terms by which agricultural data is collected, stored, used, and shared with The Soil Inventory Project, Inc. (" TSIP") as part of a Producer Contract or when using the TSIP iOS and Android apps, and associated TSIP website, and services (collectively "Services"). " You" means the person contracting with TSIP, including Producers (as defined in Producer Enrollment Contracts) and Authorized Users (as defined in TSIP’s Terms of Service Agreement) and other persons, companies, and organizations that contract to share data with TSIP. This Data Policy applies to all Ag Data (defined below) unless you have a separate agreement with TSIP that supersedes this Data Policy.

  1. Purpose TSIP is a management-focused, producer-driven, public data collection project. TSIP is building a decentralized, national soil carbon inventory, that can be used by different stakeholders (producers, crop consultants, retailers, researchers, etc.) to learn about soil carbon stocks and stock changes when available; determine regional baselines; and link management practices to outcomes. TSIP collects agricultural data from various sources to further its mission. This Data Policy is designed to inform persons, organizations, and companies that share Ag Data with TSIP how such information is used.

  2. The Types of Data TSIP Collects. TSIP collects Farm ID Data, Soil Data, and Historical Production Data, as explained below, which together are referred to as “Ag Data” in the Data Policy:

    1. Farm ID Data: Farm ID Data includes information specifically related to a farm, field or Producer:
      1. Farm Identification. Producer name, farm name, FSA Farm ID, address, state, county, and Producer farm size.
      2. Field Identification Field boundaries by GPS, field ID used by FSA, and total acreage.
      3. Farm Incentives Any assistance provided to Producer by TSIP or a Partner as part of a Producer contract, including technical assistance, financial incentives, and payments; and financial assistance provided to Producer from any other USDA program.
    2. Soil Data: Soil Data includes information related to the soil, including:
      1. Land Data. Land Data may include the following attributes: soil sample location and date, carbon content, topographic elevation, soil type, tillage practices, conservation activities, and other soil profile information.
      2. Agronomic Data. Crop and field-related information, such as planting date, population, seed type, yield, herbicide, insecticide, and fungicide application, fertilization, harvest loss, irrigation, and tillage.
      3. Machine Data. Telematics information from machines and equipment in farming practices, including machine health, fuel consumption, load, use, and other machine performance data.
      4. Weather Data. Precipitation, wind speed and direction, temperature, and other weather information related to the Enrolled Land.
      5. Aerial Imagery. Imagery from satellites, airplanes, and unmanned aerial vehicles of the applicable land.
    3. Historical Production Data. Historical Production Data includes Soil Data for relevant fields for as many years as is available, ideally three to five years prior to enrollment in a TSIP program.
    4. Anonymized Data. TSIP shall combine Farm ID Data, Soil Data and Historical Production Data from many Producers and Authorized Users to create aggregated and anonymized datasets (“Anonymized Data”). Anonymized Data shall not contain farm name, street address, FSA ID, Field ID, or Producer name. Anonymized Data may retain georeferenced data, such as soil sampling locations. TSIP may use Anonymized Data for a publicly facing website, but such a website will not display specific soil sampling locations. Anonymized Data can be used by TSIP for any lawful purpose consistent with TSIP’s purpose.

  3. How TSIP Collects Ag Data. Ag Data is collected by TSIP using different methods: (1) directly from a producer who is participating in a TSIP program by reporting to TSIP; (2) from results provided by a TSIP field kit; (3) from a TSIP Partner who is engaged by TSIP to assist with data collection; and (4) from publicly available data.

  4. How TSIP Uses Ag Data.

    1. License Grant for Internal Use. You grant TSIP a limited license to: (1) clean your Ag Data by removing perceived errors and omissions; (2) store your Ag Data on servers owned or leased by TSIP; (3) maintain your Ag Data in the TSIP Database; (4) share your Ag Data with others as authorized by you; (5) use your Ag Data to provide the Services to you; (5) provision and use your Ag Data to initialize, calibrate, train and validate certain machine learning (ML) and artificial intelligence models (AI) owned or licensed to TSIP; and (6) use your Ag Data for other research and development purposes consistent with this Data Policy.
    2. Use of Third Parties to Process Data TSIP may engage third parties to perform data processing on your Ag Data. Any third-party data processor that has access to your Ag Data companies must abide by this Data Policy at all times.
    3. Public Website TSIP may create a publicly available website that allows visitors to view and query Anonymized Data.

  5. Intellectual Property. By sharing your Ag Data with TSIP, you relinquish any right, title or interest to any AI or ML models, inventions, trade secrets, copyrights, or other protectable intellectual property (collectively, “IP”) generated, derived, or discovered by TSIP.

  6. TSIP’s Rights to Externally Share Ag Data. TSIP may share Ag Data with others as explained below:

    1. Universities. TSIP has engaged Skidmore University and Michigan State University to conduct research on Ag Data. You consent to sharing Ag Data with these universities (and if necessary, other universities that might be engaged by TSIP to accomplish the objectives of the TSIP program)(collectively, “Universities”). Universities must agree to the Ag Data privacy provisions of this Data Use Policy. Universities may publish Anonymized Data; Universities may not publish Farm ID Data.
    2. Partners. TSIP has engaged a number of persons, companies, and other entities to provide technical assistance, climate research, forecasting and modeling, and provide services to complete the objectives of the CSC Grant (“Partners”). Partners include technical assistance providers who will consult and assist Producer with implementation of regenerative agriculture, data collection, and soil sampling. You consent to allow TSIP to share Ag Data with Partners as is necessary to implement and maintain the regenerative practices and to achieve the objectives of the TSIP Program. In general, TSIP shall provide Partners with Anonymized Data unless a Partner requires Ag Data to accomplish a legitimate purpose pursuant to the CSC Grant. Partners must agree to follow this Data Use Policy.
    3. USDA. TSIP has been awarded a grant by the USDA under the Partnership for Climate Smart Commodities to facilitate implementation of certain conservation land management practices in the United States (“CSC Grant”). TSIP is working with farmers and landowners to implement such practices and measure the carbon sequestration resulting from such practices pursuant to the CSC Grant (the “TSIP Program”). For participants in the CSC Grant program, the CSC Grant requires TSIP to provide Ag Data to the United States Department of Agriculture (“USDA”) for reporting and compliance purposes. Data reported to the USDA is protected from further disclosure by USDA under Section 1619 of the Food, Conservation, and Energy Act of 2008, 7 USC 8791, except in certain limited circumstances allowed by law.

  7. Portability. TSIP shall allow a Producer to obtain a copy of their Ag Data by email, download, or other digital format after such information is collected. TSIP may require Producer’s to create a log in and password if TSIP makes Ag Data available through a public facing website.

  8. Modifications. TSIP may revise this Data Policy from time to time. TSIP will notify you by email or when you log into your account of any revisions. The notice will be accompanied by a summary of the changes to this Data Policy. By continuing to use the Services after revisions become effective, you agree to be bound by any updated version of this Data Policy.

  9. Security/Notice. TSIP takes reasonable and customary security measures to protect the privacy and security of your Ag Data. In the event of a data breach, natural disaster, or other unforeseen event that causes your Ag Data compromised, TSIP will not notify you unless your personal information (as defined in TSIP’s Privacy Policy) is also compromised.

  10. Deletion. You may request deletion of your Farm ID Data by writing to contact@tsip.org. Deletion of Farm ID Data will not cause any Anonymized Data to be deleted.

  11. Storage and Retention. TSIP shall store your Ag Data as long as there is a continuing use for such information.

  12. Limits on TSIP’s Liability. TSIP is not liable for any damages that result from the disclosure of your Soil Data to any person or company provided such disclosures are made according to this Data Policy. TSIP is not responsible for a loss or unauthorized disclosure of your Soil Data due to (i) an Act of God, (ii) other catastrophic event, (iii) a data breach, unless caused by TSIP’s gross negligence, or (iv) someone other than you using your account.

  13. Inquiries Questions about this Data Policy should be directed to contact@tsip.org