Privacy Policy – Europe

Introduction

Nutrien Ltd. and its affiliated entities are a family of companies with operations both inside and outside of Canada (the “Nutrien Family”). The Nutrien Family is committed to maintaining the accuracy, confidentiality and security of your personal data.

The Nutrien Family has adopted a series of policies in order to address the specific privacy concerns of certain groupings of individuals and specific issues relating to the use of the website of the Nutrien Family. This General Privacy Policy – Europe (hereafter the “Privacy Policy”) applies to the processing of personal data of (representatives of) our customers, suppliers and other entities with whom we interact in the framework of our operations, unless the personal data:

  • is related to a potential, current or former employee of Agrium Europe (as defined hereinafter). The processing of such employee personal data is dealt with in the separate "Employee Privacy Policy - Europe" for our European entities; or
  • is collected, used or disclosed while using the website of the Nutrien Family (www.nutrien.com). The processing of such personal data is dealt with in the separate "Web Privacy Statement (and Cookie Usage) - Europe".

If you are unsure of which policy applies to the processing of your personal data, please contact the local privacy contact of the relevant Agrium Europe affiliate, member of the Nutrien Family or the office of our group Privacy Officer for more information.

Organizations covered by this Privacy Policy

This Privacy Policy specifically covers the processing of personal data by the European entities of the Nutrien Family, which are Agrium Europe SA and its affiliated entities in Europe (all these European entities referred to hereafter as “Agrium Europe”). This Privacy Policy describes the personal data that Agrium Europe collects from or about individuals and how we further process and to whom we disclose such information. It mainly concerns the processing of personal data of our customers, suppliers, and other parties (or representatives of our customers, suppliers, and other parties) with whom we interact in the course of business.

All references in this Privacy Policy to "Agrium Europe", "we", "us", "our" and like terms should be interpreted accordingly. These references in particular refer to the relevant Agrium Europe entity in Europe that under applicable law is the “controller” for the relevant processing of personal data.

Policy of Compliance

It is the policy of the Nutrien Family 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.

This Privacy Policy was developed to guide the activities of Agrium Europe. In addition, specific privacy practices may be adopted to address the specific privacy requirements of particular jurisdictions.

This Privacy Policy has a limited scope and application and the rights and obligations contained in this Privacy Policy may not be available to all individuals or in all jurisdictions. If you are unsure if or how this Privacy Policy applies to you, please contact the local privacy contact of the relevant Agrium Europe affiliate or the office of our group Privacy Officer for more information.

What is personal data?

For the purposes of this Privacy Policy, personal data is any information about an identifiable or identified individual (the “Data Subject” or “Individual”). Personal data does not include anonymous or non-personal data (i.e., information that cannot be associated with or tracked back to a specific Individual).

What personal data do we collect?

We collect and maintain different types of personal data in respect of Individuals with whom we interact. This includes:

  • contact and identification information, such as name, address, telephone number and e-mail address of Individuals;
  • any personal data that Individuals would provide us in the framework of our business relationship with the entity that they represent or work for;
  • product and service related information concerning the products and services that we provide to, or receive from Individuals, including with respect to the service of such products; and
  • business relationship information, including information related to agreements, preferences and advisors of Individuals.

We may also collect market-related information, which may include personal data, concerning market trends and activities impacting our business. We may also collect information related to our media, investor and public relations activities and information related to our interactions with financial and other analysts and advisors.

In the course of conducting its business, Agrium Europe may monitor the activities of individuals in respect of its operations and its premises and property. For example, some Agrium Europe 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 Agrium Europe goods and property. Generally, recorded images are routinely destroyed 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. Agrium Europe respects the additional requirements that may apply under applicable national laws before proceeding to such monitoring.

As a general rule, Agrium Europe collects personal data directly from the Individuals (including possibly via the website operated by Nutrien Ltd., in which case the personal data is disclosed to Agrium Europe by Nutrien Ltd. in accordance with the Web Privacy Statement). If not otherwise required or permitted by law or regulatory requirements, where the personal data that we collect about Individuals is held by a third party, we will obtain a valid legal basis, which may be consent when required, before we seek out this information from such sources.

From time to time, we may utilize the services of third parties (including other members of the Nutrien Family) 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 or regulatory requirements to ensure that such third parties have represented to us that they have the right to disclose the personal data concerned to us and will not use such personal data for any purpose other than the purposes described in this Privacy Policy or for the purpose communicated to the Individual concerned by such third party.

Agrium Europe will only process personal data in as far as this is permitted or instructed by applicable law or regulatory requirements.

Why do we collect personal data?

Agrium Europe collects personal data, as reasonably required, to enable us to manage and develop our business and operations, including:

  • to establish, maintain and manage relations with Individuals or the entity that they represent or work for so that we may provide or receive the products and services that have been requested personal data;
  • to be able to review the products and services that we provide so that we may understand requirements for our products and services and so that we may work to improve our products and services;
  • to be able to review the products and services that we obtain from Individuals or the entity that they represent or work for so that we may work with them and so that they may understand our requirements for such products and services and work to improve the products and services that they provide to us;
  • for billing purposes and after-sales services;
  • to be able to inform Individuals or the entity that they represent or work for of our products and services other than those that they have specifically requested, including sending them information promoting our other products and services, subject to possible requirements under applicable law to obtain consent for (electronic) direct marketing directed towards Individuals;
  • to be able to inform Individuals, or the entity that they represent or work for, of products and services that other members of the Nutrien Family or third parties that we have carefully selected as partners may wish to offer them, including sending you information promoting the products and services of those members or partners, subject to possible requirements under applicable law to obtain consent for (electronic) direct marketing directed towards Individuals;
  • to be able to review, comply with, answer and follow-up on requests from Individuals or the entity that they represent or work for;
  • to protect us against error, fraud, theft and damage to our goods and property;
  • for dispute handling and litigation;
  • to enable us to undertake our environmental, health and safety activities, including incident planning, response and investigation;
  • to enable us to comply with applicable law or regulatory requirements (for example, we may collect personal data to satisfy the obligations imposed on us by various regulatory boards or agencies to follow procedures mandated by such boards or agencies in respect of the provision of our products and services);
  • 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 Agrium Europe and/or the Nutrien Family through, for an example, an asset or share sale, or some other form of business combination, merger or joint venture; and
  • any other reasonable purpose provided we have a legal basis for the processing concerned, which may be the Individual’s consent when required.

How do we use personal data?

We may use personal data of Individuals:

  • for the purposes described in this Privacy Policy; or
  • for any additional purposes for which we have a legal basis, which may be the Individual’s consent to the processing when required.

When do we disclose personal data?

In consideration of local legislation, we may share an Individuals’ personal data with our employees, contractors, consultants and other parties (including other members of the Nutrien Family) who require such information, if and to the extent necessary for them, to assist us with the processing of personal data for the purposes mentioned in this Privacy Policy, including parties that provide products or services to us or on our behalf and parties that collaborate with us in the provision of products or services. In some instances, such parties may also provide certain information technology and data processing services to us so that we may operate our business. When using processors to process personal data of Individuals on our behalf, we will have entered into the necessary data processing agreements.

Personal information is only transferred by us to another country, including within the Nutrien Family, if this is required or permitted under the applicable data protection law, in particular only in as far as a reasonable level of data protection is guaranteed in the recipient country. Insofar, we may share personal data with such parties both in and outside of an Individual’s home jurisdiction, and as result, an Individual’s personal data may be processed in Canada and in the United States of America, and in some cases, other countries. Such transfer shall only be made possible provided the appropriate guarantees and safeguards are in place.

When we share personal data with such parties we typically require that they only process such personal data in a manner consistent with the provisions of this Privacy Policy.

Further, personal data may be disclosed:

  • as permitted or required by applicable law or regulatory requirements. In such a case, we will endeavor to not disclose more personal data than is required under the circumstances;
  • to comply with valid legal processes such as search warrants, subpoenas or court orders;
  • as part of Agrium Europe's regular reporting activities to other members of the Nutrien Family (including outside of your home jurisdiction);
  • to protect the rights and property of Agrium Europe if such rights are not overridden by the rights of the data subject;
  • during emergency situations or where necessary to protect the safety of a person or group of persons; or
  • with the Individual’s consent where such consent is required by law.

We will only disclose personal data insofar as permitted or required by applicable law or regulatory requirements. In any case, we will not disclose more personal data than is required under the circumstances.

In addition, personal data may be disclosed or transferred to other parties and their advisors (including to another member of the Nutrien Family and to prospective contracting parties outside of your home jurisdiction, including in Canada and the United States) in the event of a change in ownership of, or a grant of a security interest in, all or a part of Agrium Europe and/or the Nutrien Family through, for an example, an asset or share sale, or some other form of business combination, merger or joint venture, to the extent such disclosure or transfer of personal data is required to complete the transaction and permitted by the applicable data protection laws, and provided that such parties and their advisors are bound by appropriate agreements or obligations and required to process personal data in a manner consistent with the provisions of this Privacy Policy.

Lawfulness of processing

We make sure that our processing of personal data has a legal basis under applicable law.

When we have a relationship directly with the Individual concerned, the processing will be based on the necessity for the performance of a contract to which the Individual is party or in order to take steps at the request of the Individual prior to entering into a contract. Such processing will in addition be based on our legitimate interest to process the personal data of the Individual concerned in order to provide goods or services to the Individual and to manage and maintain that relationship.

When the Individual represents or works for an entity that we have a relationship with, the processing of the Individual’s personal data will be based on our legitimate interest to do so in order to provide goods or services to (or receive them from) the entity concerned and to manage and maintain that relationship.

When we have a legal obligation to process an Individual’s personal data, the processing will be based on the necessity to comply with such legal obligation.

In circumstances where under applicable law, we would require consent prior to a certain processing, we will make sure to obtain consent first.

Where the Individual’s consent was required for a certain processing, the Individual may withdraw his/her consent at any time, subject to legal or contractual restrictions and reasonable notice, by contacting the privacy contact of the relevant affiliate of Agrium Europe, or our group Privacy Officer using the contact information set out below or communicated by the relevant affiliate of Agrium Europe. In some circumstances, a change in or withdrawal of consent may severely limit our ability to provide products or services to, or acquire products or services.

How is personal data protected?

Agrium Europe will maintain physical, technical and procedural safeguards that are appropriate to the sensitivity of the personal data in question. These safeguards are designed to protect personal data from loss and unauthorized access, copying, use, modification or disclosure.

How long is personal data retained?

Except as otherwise permitted or required by applicable law or regulatory requirements, Agrium Europe endeavors to retain personal data only for as long as it believes is necessary to fulfill the purposes for which the personal data was collected (including, for the purpose of meeting any legal, accounting or other reporting requirements or obligations). If destroying or erasing personal data is not mandatory by law, we may make it anonymous such that it cannot be associated with or tracked back to the Individual.

Updating personal data

Since we use personal data to provide or obtain products and services, it is important that the information contained in our records is both accurate and current. If personal data happens to change during the course of our relationship, please keep us informed of such changes.

Rights of individuals

Individuals have a right to request from Agrium Europe (controller) access to and rectification or erasure of personal data or restriction of processing concerning them or to object to processing as well as a right to data portability.

If they want to perform their rights, they can contact the privacy contact of the relevant Agrium Europe affiliate or the office of our group Privacy Officer using the contact information set out below. Please note that any such communication must be in writing.

When Individuals want to perform their rights, please note that we may request specific information from the Individual concerned to enable us to confirm his/her identity, as well as to search for and provide the Individual with the personal data that we hold about him/her. When allowed by the applicable law or regulatory requirements, we may charge a fee for any data access request; however, we will advise of any fee in advance.

Individuals also have the right to lodge a complaint with the competent supervisory authority.

The rights of individuals mentioned in this section are, in principle, absolute. However, there are instances where applicable law or regulatory requirements allow or require us to refuse to provide some or all of the personal data that we hold about them.

Inquiries or concerns?

If you have any questions about this Privacy Policy or concerns about how we manage personal data, please contact the local privacy contact of the relevant Agrium Europe affiliate, or the group Privacy Officer by telephone, in writing or by e-mail. We will endeavor to answer questions and advise of any steps taken to address the issues raised.

Privacy Officer

The Nutrien Family has appointed a group Privacy Officer to oversee compliance with this Privacy Policy at group level. The group Privacy Officer is not a “Data Protection Office” or “DPO” as provided for in article 37 and subs. of Regulation (EU) 2016/679 of the European Parliament and of the Council of 27 April 2016 on the protection of natural persons with regard to the processing of personal data and on the free movement of such data. The contact information for the group Privacy Officer is as follows:

(403) 225-7542 Direct
1-877-247-4866 Toll Free
[email protected]

You may in addition contact the local privacy contact of the relevant Agrium Europe affiliate at the registered office of the affiliate concerned.

Revisions to this Privacy Policy

Agrium Europe may from time to time make changes to this Privacy Policy to reflect changes in its legal or regulatory obligations or in the manner in which we deal with personal data. We will post any revised version of this Privacy Policy on our website www.nutrien.com and we encourage you to refer back to it on a regular basis. Any changes to this Privacy Policy will be effective from the time they are posted. This Privacy Policy was last reviewed in April 2018.

Interpretation of this Privacy Policy

This Privacy Policy includes examples but is not intended to be restricted in its application to such examples, therefore where the word 'including' is used, it shall mean 'including without limitation'.

This Privacy Policy does not create or confer upon any Individual any rights, or impose upon Agrium Europe any rights or obligations outside of, or in addition to, any rights or obligations imposed by the privacy laws applicable to such Individual's personal data. Should there be, in a specific case, any inconsistency between this Privacy Policy and such privacy laws, this Privacy Policy shall be interpreted, in respect of that case, to give effect to, and comply with, such privacy laws.