Independent Contractor Privacy Notice

Effective Date:  March 1, 2023

This Independent Contractor Privacy Notice (“Privacy Notice”) 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 Information"). Personal Information is information that identifies, relates to, describes, is reasonably capable of being associated with, or could reasonably be linked, directly or indirectly, with you.  Specifically, this Privacy Notice applies to Personal Information that we obtain in connection with all individuals that are independent contractors of Nutrien (“Contractors”, Contractor”, or “you”).

This Privacy Notice does not imply or form any contract of employment, and does not apply to our practices relating to Personal Information collected in connection with employment relationships with Nutrien, including applicants, employees, owners, directors, and officers of Nutrien.

References to Company or Nutrien indicates that we may share Personal Information 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 Information will be guided by what is permitted or required under applicable law. Every individual within Nutrien is responsible for protecting Personal Information.

Collection of Personal Information

We may collect Personal Information listed under the following categories:

  • Identifiers, such as a name,  postal address,, Internet Protocol address, email address,, date of birth, gender, government issued identification number (national, state/provincial, e.g.  Social Security Number, Social Insurance Number …), driver's license number, passport number, or other similar identifiers.
  • Other categories (to the extent permitted or required), such as age, race, color, national origin, citizenship, marital status, medical information, physical or mental disability, sex (including gender, gender identity, or gender expression), or veteran or military status.
  • Internet or other similar network activity, such as browsing history, search history, or information on interaction with a website, application, or advertisement.
  • Geolocation data, such as GPS coordinates, location-tracking information, or physical location or movements.
  • Sensory data, such as audio, electronic, visual, or similar information.
  • Biometric information, such as fingerprints or similar information.
  • Professional credentials and other related information, such as career interests, contract requirements, experience, skills, work history, resume, certifications, licensure, background screening information, where permitted and applicable (e.g., criminal and other public records and history; public court records; motor vehicle and driving records; or drug screening), vehicle insurance policy coverage, professional registrations, emergency contact information, proposed and actual contracts, payment terms and other payment-related information (e.g., invoices, statements of work, bank account information), expenses, reimbursement, timekeeping and billing records, taxpayer identification Number, business registration or license number, tax forms and other tax-related information, performance-related information and evaluations, insurance-related information, grievances, accidents and injuries, training, onboarding and offboarding information, as applicable.
  • Non-public education information, such as grades, transcripts, or other educational records that are not publicly available.
  • Any other Personal Information necessary to Nutrien’s business purposes, which is voluntarily disclosed in the course of Contractor’s engagement.

As a general rule, Nutrien collects Personal Information directly from you.  If not otherwise required or permitted by applicable law, where the Personal Information 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 Information 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 reasonable steps to ensure such third parties have represented to us that they have the right to disclose your Personal Information to us and we will not use such Personal Information for any purpose other than the purposes described in this Privacy Notice or for the purpose communicated to you by such third party.

Use of Personal Information

We may use your Personal Information for the following purposes:

  • To administer drug screening, background, clearance, and driving record checks, and other investigative consumer reports, where permitted and applicable.
  • To determine eligibility for engagement, including confirming and ensuring compliance of Contractors’ ability to work in the applicable jurisdiction.
  • To confirm conditions of engagement are met, including ensuring that Contractors have an appropriate vehicle insurance policy in place; the physical ability to safely use ladders to climb roofs, enter crawl spaces, and perform other physical acts necessary to provide the services contracted for; and the technological ability to operate and navigate all technology and software necessary for the completion of assignments.
  • To create, maintain, and secure files relating to Contractors, including information on Contractor’s emergency contacts and beneficiaries.
  • To plan and administer compensation, including tax and deduction information, tax reporting, as applicable.
  • To manage Contractor performance, including performance appraisals and grievance processes.
  • To conduct Contractor management and administration, including recording working time and time sheet records, payment of invoices, and administering termination of contractor engagement.
  • To provide Contractors with tools and programs to enable them to carry out their Contractor functions, such as video and web conferencing applications.
  • To monitor and address work-related injuries.
  • To provide and manage Contractor development, education, training, support, and certification.
  • To administer activities and programs offered to eligible Contractors.
  • To manage Contractor expenses, including expenditures, procurement, and reimbursement
  • To provide Contractors with email alerts and other notices concerning the Company, a Contractor’s engagement with the Company, and/or potential Contractor opportunities with the Company, as applicable.
  • To support information technology services to Contractors.
  • To conduct internal investigations, auditing, compliance, and risk management activities.
  • To conduct and administer surveys, research, analysis, and strategic development for purposes of implementing, maintaining, and promoting an engaging work experience with the Company.
  • To conduct organizational planning and development, including budgeting, project administration, and contractor and workforce management and planning.
  • To protect the safety and security of Contractors and employees, Company premises, and customer, employee, Contractor, and Company information.
  • To detect and prevent fraud.
  • To authorize, grant, administer, monitor, change and terminate access to or use of Company electronic systems, facilities, records, property, and infrastructure.
  • To conduct budget planning and administration.
  • To meet our regulatory reporting requirements.
  • To comply with our legal and regulatory obligations, including those that require us to maintain certain records.
  • To protect our legal interests.
  • To enforce our rights arising from any contracts entered into between Contractor and Company.
  • To respond to law enforcement requests, to meet obligations in legal proceedings and government investigations, and as otherwise required by applicable law, court order, or government regulations.
  • To provide information pertinent to an actual or potential merger, acquisition, or other reorganization.
  • As necessary or appropriate to protect the rights, property, or safety of Company, its clients, or others.
  • As otherwise described to Contractors when collecting the Contractor’s personal information.
  • 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 Information

We share Personal Information with the following categories of recipients:

 

  • Service providers:We may share Personal Information 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 Information and to use and process such Personal Information only on our behalf.
  • Auditors and advisors:We may share Personal Information 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 Information 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 Information would be transferred as an asset of the Company.
  • Government agencies or private parties to legal proceedings:We may share Personal Information in order to comply with any subpoena, court order or other legal process, or other governmental request.  We also share Personal Information 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 Information, please contact us as specified below.

Monitoring

In the course of conducting our business, we may monitor Contractor activities on 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 Contractors, 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 Contractors’ 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 Contractors 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 Contractors 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 Information from Contractors (e.g., through their use of our resources). When using Nutrien equipment or resources, Contractors should only have a limited expectation of privacy with respect to their use of such equipment or resources.

Data Subject Rights

Where required by applicable law, you have the right to obtain confirmation that we maintain certain Personal Information 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 Information (without affecting the lawfulness of us having processed based on consent before its withdrawal), by contacting us as provided in Section 12 below.

Please note that we may retain certain Personal Information 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 Information 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 Information. 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 12 below.

Cross-Border Data Transfers

We transfer Personal Information 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 Information 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.

What is the legal basis of processing?

Some jurisdictions require an explanation of the legal basis for the collection and processing of Personal Information. We have several different legal grounds on which we collect and process Personal Information, 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 Information 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 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.

How long do we retain Personal Information?

For Personal Information that we collect and process for other purposes described above, we typically retain such Personal Information for no longer than for the period necessary to fulfill the purposes outlined in this Notice and as otherwise needed to address tax, corporate, compliance, litigation, and other legal rights and obligations.

We maintain Personal Information in accordance with our Records & Information Management Policy and its associated Record Retention Schedule.

How will we handle any changes to this Privacy Notice?

We may update this Privacy Notice from time to time as our services and privacy practices change, or as required by law. The effective date of this Privacy Notice is posted above, and we encourage you to visit our website periodically to stay informed about our privacy practices. We will post the updated version of the Privacy Notice on our website when applicable.

Contact Us

If you have questions or comments regarding this Privacy Notice or our privacy practices, please contact:

 privacy@nutrien.com

(403) 225-7542 Direct or 1-877-247-4866 Toll Free

 

You also have the right to raise a question or concern with the relevant government data protection authority in the jurisdiction in which you reside.