Terms and Conditions of Use and Privacy Policy
I. INFORMATION WE COLLECT ABOUT YOU
- Information You Provide to Us
- Information We May Automatically Collect About You
- Cookies &Technologies Used to Collect Information About You
- Information We May Receive from Third Parties
II. HOW WE USE YOUR INFORMATION
VII. NOTICE TO CERTAIN RESIDENTS OF DATA SUBJECT RIGHTS
- NOTICE OF PRIVACY RIGHTS FOR RESIDENTS OF CERTAIN U.S. STATES
- NOTICE TO INDIVIDUALS IN THE EUROPEAN ECONOMIC AREA AND THE UK
VIII. EXERCISING YOUR DATA SUBJECT RIGHTS
IX. GEOGRAPHIC LOCATION OF DATA STORAGE AND PROCESSING
XI. DIFFICULTY ACCESSING OUR PRIVACY POLICY
XII. “DO NOT TRACK” SIGNALS
XIII. CHANGES TO THIS PRIVACY POLICY
American Agricultural Insurance Company (hereinafter referred to as “AmericanAg™,” “us,” “we,” “our,” or “Company”) has created this Privacy Policy to apply to all users of this website (https://www.aaic.com) and all digital assets contained in or offered via this website (collectively, our “Services”), except as described below. This Privacy Policy describes, among other things, the types of information we collect from users when you use our Services, how we use it, and how you can access your Information.
This Privacy Policy is integrated into our Terms & Conditions of Use (“Terms & Conditions”).
By using the Services and providing us with your personal Information (defined below), you acknowledge and agree to the practices described in this Privacy Policy and Terms & Conditions referenced above and to the updates to these policies posted here from time to time.
This Privacy Policy does not apply to Information collected by or provided in connection with an individual’s application for employment, current or former employment, or independent contractor arrangements with AmericanAg™. If you are an AmericanAg™ applicant for employment, please see the AmericanAg™ Prospective Employee Privacy Notice for information about how AmericanAg™ collects, uses, processes, discloses, shares, and retains employment Information not covered by this Policy.
I. INFORMATION WE COLLECT ABOUT YOU
We may collect the following categories of information about you which are described in more detail below: (A) information you provide to us, (B) sensitive information, (C) information we may automatically collect, and (D) information we may receive from third parties. To the extent that this information includes, “Personal Information” or “Personal Data” as defined under the appliable law, this information is referred to collectively as “Information”. Specifically, Information includes any information relating to an identified or identifiable natural person, who could be identified either directly or indirectly by reference to an identifier such as a name, an identification number, location data, an online identifier, or to one or more factors specific to the physical, physiological, genetic, mental, economic, cultural, or social identity of that natural person.
A. Information You Provide to Us
In using our Services, you may provide us with Information, including, without limitation:
- Individual identifiers such as name, company name, department, job title, professional biography, contact information such as mailing address, phone number, and email address;
- Payment and transactional information such as Services purchased by our business clients;
- Communications with us, preferences, and other Information you provide to us such as any messages, opinions and feedback that you provide to us, your user preferences (such as in receiving updates or marketing information), and other Information that you share with us when you contact us directly (such as for customer support services); and
- Additional Information as otherwise described to you at the point of collection or pursuant to your consent.
Sensitive Information. We may need to collect or process information that is deemed “Sensitive Information” under certain laws. We may process the following categories of Sensitive Information when you use our Services:
- Authentication data such as account personal information and log in credentials, including unique identifiers such as username, account number, and password.
When required by applicable law, AmericanAg™ will collect consent prior to processing certain categories of Sensitive Information.
B. Information We May Automatically Collect About You
Our Services may automatically collect the following categories of usage and technical Information about you. This Information is used by AmericanAg™ for the operation of the Services, to maintain quality of the Services, and to provide general statistics regarding use of the Services. This Information may include:
- IP address, which is the number associated with the service through which you access the Internet, like your ISP (internet service provider);
- Date and time of your visit or use of our Services;
- Domain server from which you are using our Services;
- Type of computer, web browsers, search engine used, operating system, or platform you use;
- Data identifying the web pages you visited prior to and after visiting our website or use of our Services;
- Your movement and activity within the website, which is aggregated with other Information; and
- Mobile device Information, including the type of device you use, operating system version, and the device identifier (or “UDID”).
C. Cookies & Technologies Used to Collect Information About You
We and/or certain service providers operating on our behalf may collect information about your activity, or activity on devices associated with you over time, on our sites and applications, and across non-affiliated websites or online applications. We may collect this Information by using certain technologies, such as cookies, web beacons, pixels, software developer kits, third party libraries, and other similar technologies. Third-party service providers, advertisers, and/or partners may also view, edit, or set their own cookies or place web beacons.
- Cookies (or browser cookies). A cookie is a small file placed on the hard drive of your computer. You may refuse to accept browser cookies by activating the appropriate setting on your browser. However, if you select this setting, you may be unable to access certain parts of our Services. Unless you have adjusted your browser setting so that it will refuse cookies, our system will issue cookies when you direct your browser to our website.
- Web Beacons. Website pages may contain small electronic files known as web beacons (also referred to as clear gifs, pixel tags, and single-pixel gifs) that permit us, for example, to count users who have visited those pages and for other related statistics (for example, recording the popularity of certain content and verifying system and server integrity). We also use these technical methods to analyze the traffic patterns, such as the frequency with which our users visit various parts of the Services. These technical methods may involve the transmission of Information either directly to us or to a third party authorized by us to collect Information on our behalf. Our Services use retargeting pixels from Google, Facebook, and other ad networks. We also use web beacons in HTML emails that we send to determine whether the recipients have opened those emails and/or clicked on links in those emails.
- Analytics. Analytics are tools we may use, such as Google Analytics, to help provide us with information about traffic to our website and use of our Services, which Google may share with other services and websites who use the collected data to contextualize and personalize the ads of its own advertising network. You can view Google’s Privacy Practices here: Privacy Policy – Privacy & Terms – Google.
Our use of online tracking technologies may be considered a “sale” or “sharing” under certain laws. To the extent that these online tracking technologies are deemed to be a “sale” or “sharing” under certain laws, you can opt out of these online tracking technologies by submitting a request via Your Privacy Choices form. Please note that some features of our website may not be available to you as a result of these choices.
D. Information We May Receive from Third Parties
We may collect additional Information about you from third-party websites, social media platforms and/or sources providing publicly available information (e.g., from the U.S. postal service) to help us provide services to you, help prevent fraud, and for marketing and advertising purposes.
This Privacy Policy only applies to Information collected by our Services. We are not responsible for the privacy and security practices of those other websites or Social Media Platforms or the Information they may collect (which may include IP address). You should contact such third parties directly to determine their respective privacy policies. Links to any other websites or content do not constitute or imply an endorsement or recommendation by us of the linked website, Social Media Platform, and/or content.
II. HOW WE USE YOUR INFORMATION
A. Use and Purpose of Processing Your Information
We use and process your Information for things that may include, but are not limited to, the following:
- To provide you with the Services and Information you request;
- To respond to your inquiries and questions and provide customer service;
- For general or targeted marketing and advertising purposes, including sending you promotional material or special offers on our behalf or on behalf of our marketing partners and/or their respective affiliates and subsidiaries and other third parties, provided that you have not already opted-out of receiving such communications;
- To fulfill contracts we have with you;
- To manage, improve, and foster relationships with third-party service providers, including vendors, suppliers, and parents, affiliates, subsidiaries, and business partners;
- Maintain, improve, customize, or administer the Services, perform business analyses, or other internal purposes to improve the quality of our business, the Services, resolve technical problems, or improve security or develop other products and services;
- Comply with our Terms & Conditions;
- Analytics for business purposes and business intelligence;
- Comply with any applicable laws and regulations and respond to lawful requests; and/or
- For any other purposes disclosed to you at the time we collect your Information and/or pursuant to your consent.
We may also use Information that has been de-identified and/or aggregated for purposes not otherwise listed above.
B. Disclosing Your Information
We may disclose your Information as set forth in the Privacy Policy and in the following circumstances:
- Third-Party Service Providers. We may disclose your Information to third-party service providers that perform certain functions or services on our behalf (such as to host the Services, manage databases, perform analyses, process credit card payments, provide customer service, or send communications for us). These third-party service providers are authorized to use your Information only as necessary to provide these services to us. In some instances, we may aggregate Information we collect so third parties do not have access to your identifiable Information to identify you individually.
- Disclosure of Information for Legal and Administrative Reasons. We may disclose your Information without notice: (i) when required by law or to comply with a court order, subpoena, search warrant, or other legal process; (ii) to cooperate or undertake an internal or external investigation or audit; (iii) to comply with legal, regulatory, or administrative requirements of governmental authorities (including, without limitation, requests from the governmental agency authorities to view your Information); (iv) to protect and defend the rights, property, or safety of us, our subsidiaries and affiliates, and any of their officers, directors, employees, attorneys, agents, contractors, and partners, and the website Service users; (v) to enforce or apply our Terms & Conditions; and (vi) to verify the identity of the user of our Services.
- Event Attendees and Affiliated Third Parties. When you register for one of our events you will have the opportunity to opt-in to include your information in the attendee list, which may be disclosed to other attendees and selected third parties involved in planning and hosting the event.
- Business Transfers. Your Information may be transferred, sold, or otherwise conveyed (“Conveyed”) to a third party where we: (i) merge with or are acquired by another business entity; (ii) sell all or substantially all of our assets; (iii) are adjudicated bankrupt; or (iv) are liquidated or otherwise reorganize.
- Information Shared with our Subsidiaries and Affiliates. We may share your Information with our subsidiaries and affiliates.
- De-Identified or Aggregated Data. We may share your Information on an aggregated basis for any purpose in which your specific Information is blinded, masked, or otherwise not identifiable.
- With Your Consent. We may share Information consistent with this Privacy Policy with your consent.
We do not Sell or Share your Information. For purposes of this Privacy Policy, “sell,” “sold,” or “sale” means the disclosure of Information for monetary or other valuable consideration but does not include, for example, the transfer of Information as an asset that is part of a merger, bankruptcy, or other disposition of all or any portion of our business, whereas “sharing” means disclosing or making available Information to a third-party for purposes of cross-context behavioral advertising. We do not disclose Information to third parties in exchange for monetary compensation, nor disclose Information to third-party advertising networks and analytics providers for purposes of marketing and advertising. We do not sell or share Sensitive Information, nor do we sell or share Information about individuals we know are under age sixteen (16).
Use and Disclosure of Sensitive Information. We do not collect, use, or disclose “Sensitive Information” beyond the purposes authorized by the applicable law.
III. LINKS TO OTHER WEBSITES
Our Services may contain links to other websites or services that are not owned or controlled by us, including links to Social Media Platforms such as Facebook, Instagram, or YouTube, or may redirect you off our website away from our Services.
Privacy Policy only applies to Information collected by our Services. We are not responsible for the privacy and security practices of those other websites or Social Media Platforms or the Information they may collect (which may include IP address). You should contact such third parties directly to determine their respective privacy policies. Links to any other websites or content do not constitute or imply an endorsement or recommendation by us of the linked website, Social Media Platform, and/or content.
IV. INFORMATION SECURITY
We use commercially reasonable and appropriate administrative, physical, and technical security measures to provide our Services and safeguard your Information. However, no data transmitted over the Internet or stored or maintained by us or our third-party service providers can be 100% secure. Therefore, we do not promise or guarantee, and you should not expect, that your Information or private communications will always remain private or secure. We do not guarantee that your Information will not be misused by third parties. We are not responsible for the circumvention of any privacy settings or security features. You agree that we will not have any liability for misuse, access, acquisition, deletion, or disclosure of your Information.
If you believe that your Information has been accessed or acquired by an unauthorized person, you should promptly Contact Us so that necessary measures can quickly be taken.
V. DATA RETENTION
We will retain your Information for as long as needed to provide you Services, and as necessary to comply with our legal obligations, resolve disputes, and enforce our policies. We will retain and use your Information as necessary to comply with our legal obligations, resolve disputes, and enforce our agreements. In accordance with our routine record keeping, we may delete certain records that contain Information you have submitted to us. We are under no obligation to store such Information indefinitely and disclaim any liability arising out of, or related to, the destruction of such Information.
VI. YOUR CHOICES
- Marketing Communications. If you do not want to receive marketing and promotional emails from us, you may click on the “unsubscribe” link in the email to unsubscribe and opt-out of marketing email communications or see how to Contact Us below for more information.
- Opting Out of Direct Marketing by Third Parties. To exercise choices regarding the marketing information you receive, you may also review the following links:
- You may opt-out of tracking and receiving tailored advertisements on your mobile device by some mobile advertising companies and other similar entities by downloading the App Choices app at aboutads.info/appchoices.
- You may opt-out of receiving permissible targeted advertisements by using the NAI Opt-out tool available at http://optout.networkadvertising.org/?c=1 or visiting About Ads at http://optout.aboutads.info.
- You can opt-out of having your activity on our Services made available to Google Analytics by installing the Google Analytics opt-out add-on for your web browser by visiting: https://tools.google.com/dlpage/gaoptout for your web browser.
VII. NOTICE TO CERTAIN RESIDENTS OF DATA SUBJECT RIGHTS
A. NOTICE OF PRIVACY RIGHTS FOR RESIDENTS OF CERTAIN U.S. STATES
Residents of certain U.S. states may have rights and choices regarding their Information. To the extent any data protection law applies to our collection of your Information, this supplemental section of our Privacy Policy outlines the individual rights you may be entitled to and how to exercise those rights.
Depending on where you live and subject to certain exceptions, you may have some or all of the following rights:
- Right to Know and Access. You may have the right to request that we confirm whether we process your Information, and to request information about our collection and use of your Information, including whether we sell or share your Information. You also have the right to request access to Information we may process about you.
- Right to Data Portability. Where the processing is carried out by automated means, and subject to certain exceptions, you may have the right to request and obtain a copy of your Information that you previously provided to us in a portable format. In addition, to the extent technically feasible, you may have the right to obtain your Information in a readily usable format that allows you to transmit the Information to another data controller without hindrance.
- Right to request Correction of Inaccurate Information. To the extent that we may maintain inaccurate Information, you may have the right to request that we correct such inaccurate Information, taking into account the nature of the Information and the purposes of the processing of the Information.
- Right to Request Deletion. You may have the right to request that we delete certain Information or records provided by or obtained about you, with certain exceptions and limitations as allowed under law.
- Right to Opt Out of the Sale and Sharing of Information. You may have the right to opt out of the processing of your Information for the purpose of selling or sharing of your Information for cross-context behavioral advertising. As noted elsewhere we do not sell or share your Information.
- Right to Opt-Out of the use of Information for Targeted Advertising and Profiling. You may have the right to opt out of the processing of your Information for purposes of targeted advertising or profiling in furtherance of decisions that produce legal or similarly significant effects concerning you.
- Right to Limit Use and Disclosure of Sensitive Information. You may have the right to request that we limit the ways we use and disclose your Sensitive Information to uses which are necessary for us to perform the Services, or deliver the goods reasonably expected by you, or and as authorized by law. As noted elsewhere we do not use or disclose your Information other than for the permitted business purposes outlined above.
- Right to Non-Discrimination. You may have a right to not be discriminated against in the Services or quality of Services you receive from us for exercising your rights. We will not discriminate against you for exercising any of your rights in this section including denying goods or Services, charging different prices or rates for goods or Services, or providing a different level of quality of goods and Services. However, we may offer a different price, rate, level, quality, or selection of goods or Services, including offering goods or Services for no fee, if you have exercised your right to opt out or the offer is related to your voluntary participation in a bona fide loyalty, rewards, premium features, discounts, or club card program.
- Right to Disclosure of Direct Marketers. You may have a right to know the categories and names/addresses of third parties that have received Information for their direct marketing purposes upon simple request, and free of charge.
- Right to Appeal. You may have the right to appeal our denial of any request you make under this section. To exercise your right to appeal, please submit an appeal request via the information in the How to Contact Us section below or using Your Privacy Choices form. Within the certain timeframe of receipt of your appeal, as proscribed by the applicable law we will inform you in writing of any action taken or not taken in response to your appeal, including a written explanation of the reasons for the decisions. If we deny your appeal, you may contact the Attorney General or another authority which we will help you identify.
To learn more about whether you are guaranteed certain rights, or to submit a request to exercise your rights, please contact us using any of the methods in the Contact Us section. If permitted by the applicable data protection law, you may use an authorized agent to submit requests on your behalf provided that the authorized agent is a natural person or a business entity that you have authorized to act on your behalf. If you use an authorized agent, we will require: (1) proof of written permission for the authorized agent to make requests on your behalf, and identity verification from you; or (2) proof of power of attorney pursuant under applicable law. We may deny a request from an authorized agent that does not submit proper verification proof.
B. NOTICE TO INDIVIDUALS IN THE EUROPEAN ECONOMIC AREA AND THE UK
This section applies only to individuals located within the European Union (EU), the European Economic Area (EEA), and the United Kingdom (“UK”), and only to the extent that we collect through the Services any Information from you that is considered “Personal Data,” as defined in the General Data Protection Regulation (GDPR) and the UK Data Protection Act 2018.
- Identity and Contact Details of Controller and EU Representative
Unless otherwise stated, the American Agricultural Insurance Company is the Data Controller for the Information we process. - Your Data Protection Rights
To the extent the GDPR and Data Protection Act 2018 apply, and we hold your Information in our capacity as a Data Controller as defined under those laws, you may request that we:- Restrict the way that we process and share your Information;
- Transfer your Information to a third party;
- Provide you with access to your Information;
- Remove your Information if no longer necessary for the purposes collected;
- Update your Information so it is correct and not out of date; and/or
- Object to our processing of your Information.
You may also revoke your consent for processing of your Information. If you wish to object to the use and processing of your Information or withdraw consent to this Privacy Policy, you can contact us using the information in the Contact Us section below.
The requests above will be considered and responded to in the time-period stated by applicable law. Note, certain Information may be exempt from such requests. We may require additional Information from you to confirm your identity in responding to such requests.
You have the right to lodge a complaint with the supervisory authorities applicable to you and your situation, although we invite you to contact us with any concern as we would be happy to try and resolve it directly.
- Lawful Basis for Processing Your Information
The lawful basis for our processing of your Information will depend on the purposes of the processing. For most Information processing activities covered by this Privacy Policy, the lawful basis is that the processing is necessary for our legitimate business interests. Where we process Information in relation to a contract, or a potential contract, with you, the lawful basis is that the processing is necessary for the performance of our contract with you or to take steps at your request prior to entering into a contract. If we are required to share Information with law enforcement agencies or other governmental bodies, we do so on the basis that we are under a legal obligation to do so. We will also use consent as the legal basis where we deem appropriate or to the extent required by applicable law, for example, before we collect precise location data from your mobile device.Depending on what Information we collect from you and how we collect it, we may also rely on various grounds for processing your Information, including the following reasons:- Processing on the basis of legitimate business interests. When we process Information on the basis that the processing is necessary for our legitimate business interests, such interests include: (i) providing, improving, and promoting our Services; (ii) communicating with current and potential customers, other business partners, and their individual points of contact; (iii) managing our relationships with our customers and other business partners, and their individual points of contact; (iv) other business development purposes; (v) sharing Information within the Company, as well as with service providers and other third parties; and (vi) maintaining the safety and security of our products, Services, and employees, including fraud protection.
- Processing on the basis of performance of a contract. Examples of situations in which we process Information as necessary for performance of a contract include e-commerce transactions in which you purchase a service from us.
- Processing on the basis of consent. Examples of processing activities for which we may use consent as its legal basis include: (i) collecting and processing precise location information from your mobile device; (ii) sending promotional emails when consent is required under applicable law; and (iii) processing Information on Company Services through cookies and similar technologies when consent is required by applicable law.
- Processing because we are under a legal obligation to do so. Examples of situations in which we must processes Information to comply with our legal obligations include: (i) providing your Information to law enforcement agencies and other governmental bodies when required by applicable laws; (ii) retaining business records required to be retained by applicable laws; and (iii) complying with court orders or other legal process.
If the processing of your Information is based on your consent, the GDPR and Data Protection Act 2018 also allow users the right to access, revoke, or modify your consent at any time. Please see the Contact Us section, below, to review or modify your consents.
- Consent to Transfer
We are operated in the United States, and we may use service providers based in the United States to operate our business and our relationship with you. Please be aware that Information, including your Information, that we collect will be transferred to, stored, and processed in the United States, a jurisdiction in which the privacy laws may not be as comprehensive as those in the country where you reside and/or are a citizen. We maintain measures to address the transfer of your Information between our group companies and between us and our third-party providers in accordance with applicable data protection laws and regulations. When applicable, by visiting the Services and submitting any personally identifiable Information you consent to the transfer of such personally identifiable Information to the United States. - Retention
We will retain your Information for as long as needed for the purposes described in this Privacy Policy. More specifically, the time we maintain your Information depends on the following factors:- Whether we need the Information to provide the Services. We will maintain any data needed to provide you with the Services, such as contact information and payment or transaction information, for as long as needed for us to provide you with the Services, respond to your questions and requests, and/or administer your account (if applicable).
- Whether we need the Information to comply with our legal obligations. We may have legal obligations to maintain your Information where a legal or regulatory body may ask for it in the future, for example in response to a data subject request or complaint. This information may include contact information and location information.
- Whether we need the Information for a legitimate business interest. We may store Information like contact information, cookies, and location information in order to perform analytics, troubleshoot errors, or improve our Services. In any event, we delete the Information when it is no longer needed for our legitimate interest.
Regardless of our reason for retaining your Information, we delete all Information in accordance with our routine record keeping policies.
VIII. EXERCISING YOUR DATA SUBJECT RIGHTS
To exercise any of the rights described above, please submit a verifiable consumer request to us via Your Privacy Choices form or the methods described below in the Contact Us section. The verifiable consumer request must:
- Provide sufficient information that allows us to reasonably verify you are the person about whom we collected Information, or an authorized representative; and
- Describe your request with sufficient detail that allows us to properly understand, evaluate, and respond to it.
To help protect your privacy and maintain security, if you request access to or deletion of your Information, we will take steps and may require you to provide certain Information to verify your identity before granting you access to your Information or complying with your request. In addition, if you ask us to provide you with specific pieces of Information, we may require you to sign a declaration under penalty of perjury that you are the consumer whose Information is the subject of the request. Only you or your authorized agent may make a verifiable consumer request related to your Information. If you designate an authorized agent to make a request on your behalf, we may require you to provide the authorized agent written permission to do so and to verify your own identity directly with us (as described above). You may also make a verifiable consumer request on behalf of your minor child.
IX. GEOGRAPHIC LOCATION OF DATA STORAGE AND PROCESSING
Our Services are targeted to individuals located inside and outside the United States, and we maintain significant operations in the United States. As such, the Services collect Information and process and store that Information in databases located in the United States. If you are visiting the Services from a country outside the United States, you should be aware that you may transfer personally identifiable Information about yourself to the United States, and that the data protection laws of the United States may not be as comprehensive as those in your own country. By visiting the Services and submitting any personally identifiable Information you consent to the transfer of such personally identifiable Information to the United States.
X. CHILDREN’S INFORMATION
The Services are intended only for users over the age of sixteen (16). If we become aware that a user is under sixteen (16) (or a higher age threshold where applicable) and has provided us with Information, we will take steps to comply with any applicable legal requirement to remove such Information. Contact us if you believe that we have mistakenly or unintentionally collected Information from a child under the age of sixteen (16)
XI. DIFFICULTY ACCESSING OUR PRIVACY POLICY
Individuals with disabilities who are unable to usefully access our Privacy Policy online may contact us to inquire how they can obtain a copy of our policy in another, more easily readable format.
XII. “DO NOT TRACK” SIGNALS
We do not support “Do Not Track.” Do Not Track is a preference you can set in your web browser to inform websites that you do not want to be tracked. You can enable or disable “Do Not Track” by visiting the “Preferences” or “Settings” page of your web browser. Do Not Track is different from Global Privacy Controls (“GPC”), which may notify websites of consumers’ privacy preferences regarding the sale or sharing of Information, or the use of sensitive Information.
XIII. CHANGES TO THIS PRIVACY POLICY
We reserve the right to change, modify or amend this Privacy Policy at any time to reflect changes in our products and service offerings, accommodate new technologies, regulatory requirements, or other purposes. If we modify our Privacy Policy, we will update the “Effective Date” and such changes will be effective upon posting. It is your obligation to check our current Privacy Policy for any changes.
XIV. HOW TO CONTACT US
If you have any questions about this Privacy Policy or the Information we have collected about you, please contact us at the following:
| Email us: | privacy@aaic.com |
| Call us: | (800) 471-9915 |
| Write us: | 1501 E. Woodfield Road, Suite 300W |
| Â | Schaumburg, Illinois 60173 |
Â
Effective Date: March 1, 2024
Copyright © 2024 American Agricultural Insurance Company. All rights reserved. Any rights not expressly granted herein are reserved.