Employee Privacy & Cookies Statement
Effective Date: June 7, 2022
This Employee Privacy & Cookies Statement ("Statement") describes how Nutrien Ltd. and its affiliates and subsidiaries (collectively, "Company" or "Nutrien" or “We”) collect, use, share, and otherwise process information about certain identified or identifiable individuals ("Personal Data"). Specifically, this Statement applies to Personal Data that we obtain in connection with all individuals who seek to be, are, or were employed by Nutrien. If you visit or submit your job application through one of our websites, mobile apps, or other online properties (“Sites”), your Personal Data will also be processed in accordance with this Statement.
References to Company or Nutrien indicates that we may share Personal Data between our affiliates and subsidiaries subject to applicable laws.
Nutrien endeavors to comply with the privacy legislation within each jurisdiction in which we operate. Sometimes the privacy legislation and / or an individual’s right to privacy are different from one jurisdiction to another. Practices relating to Personal Data will be guided by what is permitted or required under applicable law. Every individual within Nutrien is responsible for protecting Personal Data.
Summary of Key Points
As further detailed below, we collect identification data, contact details, and other Personal Data related to our Site’s visitors and employment relationships.
As further detailed below, we use Personal Data for our business purposes, including administering the recruiting process, and establishing, managing, or terminating your employment relationship with Nutrien.
As further detailed below, we share Personal Data to establish, manage, or terminate our employment relationship with you. We may share Personal Data with third parties who act on our behalf, including to HR service providers, insurance organizations, government organizations and agencies, including law enforcement, external advisors (such as legal, auditors and accountants), employee benefits providers, and fleet management service firms.
The work output of Nutrien employees, whether in paper record, computer files, or in any other storage format belongs to Nutrien. Under conditions foreseen by applicable law, and to the extent permitted by applicable law, that work output, and the tools used to generate that work output, may be subject to review and monitoring by Nutrien, such as telematics devices in fleet and pool vehicles that include GPS.
6. Data subject rights
Based on the jurisdiction you reside in and the laws governing Personal Data in your jurisdiction, you may have rights related to your Personal Data, such as access, rectification, and deletion.
7. Data security
We maintain technical and organizational measures to protect Personal Data from loss, misuse, alteration, or unintentional destruction.
8. Cross-border data transfers
We may also transfer your Personal Data to countries outside the country/region of where you work, for example, when sharing within Nutrien or when we engage service providers in other countries. We provide appropriate protections for cross-border transfers as required by law.
9. Other issues
We provide other information in this Statement about: (i) the legal basis for collecting and processing Personal Data, (ii) the consequences for not providing Personal Data, (iii) automated decision-making, (iv) do-not-track (DNT) signals, (v) data retention, (vi) links to third-party websites, (vii) employee issues; and (viii) changes to this Statement.
10. Contact us
Please contact us as detailed below with any questions.
Annex for jurisdiction- specific provisions
We have included supplemental provisions to address jurisdiction-specific requirements that may apply depending on your residence, your place work, and our locations where we do business.
- Collection of Personal Data
We collect the following categories of Personal Data:
- name, home address, telephone, work and personal email address, date of birth, gender, national identification number and marital status;
- details of the terms of current and previous employment, job duties, job location, working arrangements, seniority data, line management details, employee identification number, performance ratings, IT usage information, utilization records, hire/re-hire date, termination date, job history and business travel arrangements;
- education history;
- photographs and video;
- payroll information; including but not limited to national identification number, tax information, pay cheque deposit information, and information about pension plans and group insurance;
- wage and benefit information, including but not limited to travel-related records, expense reimbursement details, benefit information, bank account details, direct deposit/credit arrangements, bonus, additional pay, variable compensation;
- family composition, beneficiary, and emergency contact information;
- medical certificates, information about certain health conditions (to the extent required by law) and details of health and sickness absence;
- details of any disciplinary investigations and/or proceedings;
- background screening information (where permitted and applicable);
- drug test results (where permitted and applicable);
- any Personal Data contained in:
- resumes and/or applications;
- references and interview notes;
- letters of offer and acceptance of employment, and employment agreements;
- mandatory policy acknowledgement sign-off sheets;
- performance documents and/or notes;
- forms relating to the application for, or in respect of changes to, employee health and welfare benefits; including, short and long term disability, medical and dental care; and any other information necessary to Nutrien’s business purposes, which is voluntarily disclosed in the course of an employee’s application for, and employment, with Nutrien, including email or other correspondence.
Device Data: Computer Internet Protocol (IP) address, unique device identifier (UDID), cookies and other data linked to a device, and data about usage of our Sites and communications, data generated or collected by our or third party equipment or devices owned and operated by us or third parties.
As a general rule, Nutrien collects Personal Data directly from you. If not otherwise required or permitted by applicable law, where the Personal Data that we collect about you is held by a third party, we will obtain a valid legal basis, which may be your consent when required before we seek out this information from such sources.
From time to time, we may utilize the services of third parties in our business and may also receive Personal Data collected by those third parties in the course of the performance of their services for us or otherwise. Where this is the case, we will take all steps required by applicable law to ensure that such third parties have represented to us that they have the right to disclose your Personal Data to us and we will not use such Personal Data for any purpose other than the purposes described in this Statement or for the purpose communicated to you by such third party.
Nutrien will only process Personal Data in as far as this is permitted or instructed by applicable law.
- Use of Personal Data
We use the above categories of Personal Data for the following purposes:
- administering the recruiting process, including setting up interviews and screening;determining eligibility for initial employment, including the verification of references and qualifications;
- onboarding activities, setting up HR profiles, administering pay and benefits;
- processing employee work-related claims (e.g., worker compensation, insurance claims, etc.);
- reimbursing expenses, managing corporate travel arrangements;
- establishing training and/or development requirements;
- conducting interview and/or performance reviews and determining performance requirements;
- assessing qualifications for a particular job or task;
- gathering evidence for disciplinary action or termination;
- investigations and, as needed, legal proceedings (including any actions preceding legal proceedings) and obtaining legal advice
- establishing a contact point in the event of an emergency (such as next of kin);
- health and safety (including sickness administration, disability cases, …);
- complying with applicable labor, tax, social security and other legal requirements;
- maintaining and monitoring usage of internal networks, IT systems and IT-enabled equipment (e.g., vehicle location) as further detailed below under the section “Monitoring”;
- compiling directories;
- ensuring the security of Company held information;
- for due diligence purposes in the event of a change in ownership of, or a grant of a security interest in, all or a part of Nutrien through, for an example, an asset or share sale, or some other form of business combination, merger or joint venture;
- such other purposes as are reasonably required by Nutrien in connection with your employment; and
- for any additional purposes that we advise you of and for which we have a legal basis, which may for instance be your consent when such consent is required by applicable law.
- Sharing of Personal Data
We share Personal Data with the following categories of recipients:
- Service providers: We may share Personal Data with third party companies and service providers to enable such parties to perform functions on our behalf and under our instructions in order to carry out the purposes identified above. We require such third party companies and service providers to provide reasonable security for Personal Data and to use and process such Personal Data only on our behalf.
- Auditors and advisors: We may share Personal Data with auditors for the performance of audit functions and advisors for the provision of legal and other advice.
- Business reorganization parties: We may share Personal Data with any corporate seller, acquirer, or prospect to the extent permitted by law as part of a proposed or actual merger, acquisition, sale of company assets, or transition of service to another provider, as well as in the event of insolvency, bankruptcy, or receivership in which Personal Data would be transferred as an asset of the Company.
- Government agencies or private parties to legal proceedings: We may share Personal Data in order to comply with any subpoena, court order or other legal process, or other governmental request. We also share Personal Data to establish or protect our legal rights, property, or safety, or the rights, property, or safety of others.
If you have questions about the recipients with which we share Personal Data, please contact us as specified below.
In the course of conducting our business, we may monitor employee activities and our premises and property for organizational and production related needs, and/or safety at work needs. For example, some of our locations are equipped with surveillance cameras. These cameras are generally in high-risk areas or plant sites. Where in use, surveillance cameras are there for the protection of employees and third parties, and to protect against theft, vandalism, and damage to Nutrien's goods and property. Generally, recorded images are routinely disposed in accordance with applicable procedures and not shared with third parties unless there is suspicion of a crime, in which case they may be turned over to the police or other appropriate government agency or authority as permitted or required under applicable law. Pursuant to our Acceptable Use of Computer and Communications Systems Policy, we have the capability to monitor all employees' computer and email use to the extent not prohibited under applicable law. Depending on your jurisdiction, Nutrien may also use telematics devices including GPS in its fleet vehicles. Detailed notice for telematics practices if utilized in your jurisdiction is located in other Nutrien policies. To the extent not prohibited under applicable law employees should have no expectation of privacy as to their location and whereabouts when using company property installed with GPS.
This section is not meant to suggest that all employees will in fact be monitored or their actions subject to constant surveillance. We have no duty to so monitor. It is meant to bring to your attention the fact that, in compliance with applicable law, such monitoring may occur and may result in the collection of Personal Data from employees (e.g., through their use of our resources). When using Nutrien equipment or resources employees should only have a limited expectation of privacy with respect to their use of such equipment or resources.
What are cookies?
Cookies are small amounts of data that are stored on your browser, device, communication, or the page you are viewing. Some cookies are deleted once you close your browser, while other cookies are retained even after you close your browser so that you can be recognized when you return to a website. More information about cookies and how they work is available at www.allaboutcookies.org.
Cookies on our Sites are generally divided into the following categories:
Strictly Necessary Cookies: These are required for the operation of our Sites. They include, for example, cookies that enable you to log into secure areas. These cookies are session cookies that are erased when you close your browser.
Analytical/Performance Cookies: These allow us to recognize and count the number of users of our Sites and understand how such users navigate through our Site. This helps to improve how our Sites work, for example, by ensuring that users can easily find what they are looking for. These cookies are session cookies, which are erased when you close your browser. We use Google Analytics to collect information about the use of our Sites.
Functional Cookies: These improve the functional performance of our Sites and make them easier for you to use. For example, cookies are used to remember that you have previously visited the Sites and asked to remain logged into them. These cookies qualify as persistent cookies, because they remain on your device for us to use during a next visit to our Sites. You can delete these cookies via your browser settings.
Targeting Cookies: These record your visit to our Sites, the pages you have visited and the links you have followed to recognize you as a previous visitor and to track your activity on the Sites and other websites you visit. These cookies qualify as persistent cookies, because they remain on your device for us to use during a next visit to our Sites. You can delete these cookies via your browser settings. See below for further details on how you can control third party targeting cookies.
What are your options if you do not want cookies on your computer?
You can review your Internet browser settings, typically under the sections “Settings”, "Help," or "Internet Options," to exercise choices you have for certain cookies. If you disable or delete certain cookies in your Internet browser settings, you might not be able to access or use important functions or features of our Sites, and you may be required to re-enter your log-in details.
To learn more about certain cookies used for Interest based advertising by third parties, including through cross- device tracking, and to exercise certain choices regarding such cookies, please visit the Digital Advertising Alliance, Network Advertising Initiative, Digital Advertising Alliance-Canada,European Interactive Digital Advertising Alliance or your device settings.
- Data Subject Rights
Where required by applicable law, you have the right to obtain confirmation that we maintain certain Personal Data relating to you, to verify its content, origin, and accuracy, as well as the right to access, review, port, delete, or to block or withdraw consent (when your consent is legally required) to the processing of certain Personal Data (without affecting the lawfulness of us having processed based on consent before its withdrawal), by contacting us as provided in Section 10 below.
Please note that we may retain certain Personal Data as required or permitted by applicable law. When requesting the exercise of any of your rights, we may request specific information from you to confirm your identity and, accordingly, verify and respond to such requests.
- Data Security
We maintain technical and organizational measures to protect Personal Data from unauthorized access, loss, misuse, alteration, or unintentional destruction. However, no security measure can guarantee against compromise. You also have an important role in protecting your Personal Data. You should not share your username and password with anyone, and you should not re-use passwords across more than one website. If you have any reason to believe that your username or password has been compromised, please contact us as soon as practicable using the information provided in Section 10 below.
- Cross-Border Data Transfers
We transfer Personal Data to various jurisdictions as necessary for the purposes described above, including to jurisdictions that may not provide the same level of data protection as your home country. For example, Personal Data collected from jurisdictions outside North America will typically be transferred to the United States or Canada for processing. We provide appropriate protection for cross-border transfers as required by law for international data transfers. With respect to transfers originating from the European Economic Area ("EEA"), we implement standard contractual clauses approved by the European Commission, and other appropriate solutions to address cross- border transfers as required by applicable law. Where permitted by such laws, you may request a copy of the suitable mechanisms we have in place by contacting us as detailed below.
- Other Information
(i) What is the legal basis of processing?
Some jurisdictions require an explanation of the legal basis for the collection and processing of Personal Data. We have several different legal grounds on which we collect and process Personal Data, including: (a) as necessary to perform a transaction (such as in order to administer pay and benefits); (b) as necessary to comply with a legal obligation (such as when we use Personal Data for record keeping to support compliance with tax laws); (c) consent (where you have provided consent as appropriate under applicable law, such as determining eligibility for initial employment, including verification of references and qualifications); and (d) as necessary for legitimate interests (such as when we act to maintain our employment relationship with you, including conducting performance reviews and determining performance requirements).
- Do we engage in automated decision-making without human intervention?
We do not use automated decision-making without human intervention, including profiling, in a way that produces legal effects concerning you or otherwise significantly affects you.
- Do our Sites honor do not track ("DNT") signals sent via browsers?
Given the divergent practices of companies that offer browsers and the lack of a standard in the marketplace, we do not respond to DNT signals at this time.
- How long do we retain Personal Data?
For Personal Data that we collect and process for other purposes described above, we typically retain such Personal Data for no longer than for the period necessary to fulfill the purposes outlined in this Statement and as otherwise needed to address tax, corporate, compliance, litigation, and other legal rights and obligations.
If your application for employment is not successful and depending on laws in the jurisdiction in which the job is located, Nutrien will keep your Personal Data beyond the end of the application process for the purposes of (i) contacting you for future job vacancies, (ii) to meet recordkeeping requirements, and (iii) for potential use in legal proceedings.
In either and any case, we maintain Personal Data in accordance with our Records & Information Management Policy and its associated Record Retention Schedule.
- Are third-party websites governed by this Statement?
Our Sites may contain links and references to other websites administered by unaffiliated third parties. This Statement does not apply to such third party websites. When you click a link to visit a third party website, you will be subject to that website's privacy practices. We encourage you to familiarize yourself with the privacy and security practices of the linked third party websites before providing any Personal Data on that website.
We are active on social media, including Facebook, YouTube, Twitter, Instagram, and LinkedIn (“Social Media”). Our Sites allow you to connect and share data with Social Media. Anything you post on Social Media is public information and will not be treated confidentially. We may post (or re-post) on our Sites and our Social Media pages any comments or content that you post on our Social Media pages. Your use of Social Media is governed by the privacy policies and terms of the third parties that own and operate those Social Media properties and not by this Statement.
(viii) How will we handle any changes to this Statement?
We may update this Statement from time to time as our services and privacy practices change, or as required by law. The effective date of this Statement is posted above, and we encourage you to visit our Site periodically to stay informed about our privacy practices. We will post the updated version of the Statement on our Sites when applicable.
- Contact Us
If you have questions or comments regarding this Statement or our privacy practices, please contact: email@example.com
(403) 225-7542 Direct
1-877-247-4866 Toll Free
You may also have the right to raise a question or concern with the relevant government data protection authority in the jurisdiction in which you reside.
Jurisdiction-Specific Requirements California
If you reside in California and we are subject to California privacy law requirements, we are required to provide you with additional information about how we use and disclose your information, as described below.
CA Personal Information. Consistent with the "Collection of Personal Data" section above, we collect certain categories and specific pieces of information about individuals that are considered "Personal Information" in California ("CA Personal Information"). Specifically, we may collect the following types of CA Personal Information:
Identifiers: name, address, location or geographic data, telephone number, email address, age, date of birth, username and password for our websites, IP address, unique personal identifier (e.g., employee number), social security number, driver’s license number or state identification card number, passport number or other similar identifiers;
Professional or employment-related information;
Internet or other electronic network activity information: computer and connection information, statistics on page views, traffic to and from the websites, ad data and other standard weblog information;
Geolocation information: physical location information through the use of some of our equipment and devices, in the operation of our business;
Audio, electronic, visual, thermal, olfactory, or similar information; and
Other categories of CA Personal Information: signature, physical characteristics or description, bank account number or any other financial information, medical information, or health insurance information.
- Sources. We collect certain categories of CA Personal Information from you and other third parties as described in the "Collection of Personal Data" section above. The categories of third parties from whom we collect CA Personal Information include the following:Third-party companies;
- Third party applications (including blogs, chat rooms, or support centers); and
- Publicly available sources of information.
- Purposes. We collect the CA Personal Information for the business purposes described in the "Use of Personal Data" section above. We also share and/or disclose your CA Personal Information as follows:
- Sharing your CA Personal Information for business purposes: As described above in the "Sharing of Personal Data" section, we may share the following categories of your CA Personal Information with affiliates, subsidiaries, auditors, third party companies, public or government authorities and future business partners for our business purposes:
- Professional or employment-related information;
- Education information;
- Internet or other electronic network activity;
- Geolocation information;
- Biometric information;
- Audio, electronic, visual, thermal, olfactory, or similar information; and
- Other categories of CA Personal Information (as specified above).
As described above, examples of business purposes include establishing, managing, or terminating your employment relationship with us, internal operations, prevention of fraud and other harm, and legal compliance.