Privacy Statement

Date Last Amended: June 11, 2018

This Privacy Policy articulates what personal information we collect from you and how this infor-mation is used and disclosed.

 

Policy

We are committed to maintaining the accuracy, security and privacy of your personal information in accordance with applicable legislation, including Canada’s Personal Information Protection and Elec-tronic Documents Act, SC 2000, c 5, Alberta’s Personal Information Protection Act, SA 2003, c P-6.5, and other legislation which may apply from time to time. This policy is a description of our privacy principles and practices regarding the personal information we collect, use, and disclose.

 

What is Personal Information?

Personal information is information about an identifiable individual. This includes such things as name, age, gender, other physical attributes, address and other contact information, financial infor-mation, health information, preferences, activities and interests.

 

Commitment to Privacy

We are committed to protecting personal information and privacy, and we consider matters relating to the protection of personal information and privacy to be of the utmost importance. We adhere to the following principles to protect privacy:

  • We do not sell, rent, loan, trade, lease, transfer or otherwise disclose your personal information to third parties, except as otherwise provided in this Privacy Policy or as permitted or required by law.
  • We do not share any information which you have not agreed to disclose, unless required by law or as necessary to enforce our terms of use or to protect our rights, property or personal safety, and that of the public.
  • All personal information provided to us will be protected with industry-standard protocols and technology.

 

Collection and Use

Use of the App

The personal information we collect from you will only be used for the purpose of providing and im-proving the xarvio Scouting mobile application (the “App”). The App will transfer the following information to us:

  • IP address
  • Device ID
  • Date and time of access
  • Time zone difference to Greenwich Mean Time (GMT)
  • Operating system and surface · Status of access/HTTP status code
  • Transferred volume of data
  • Language settings, version of the App
We also use image data and GPS-location for any business purpose of BASF, such as the devel-opment, production and/or marketing of products or services (including but not limited to statistical purposes and to continuously improve both our image recognition algorithm in the field of digital farming and the App), but maintain the anonymity of each individual user so that they cannot be identified.

Access to your Device’s Interfaces

In order for the App to function properly, we need to access and use the following interfaces of your mobile device for the following purposes:

Interface Purpose
Camera To enable you to take photographs of weeds and crops which are sub-sequently sent to us for analysis.
GPS Location To enable different services of the App and provide location specific content (e.g. radar functionality that provides you information of your surrounding area such as aggregated data of disease pictures taken).

If you send us a picture, we will receive certain meta data which may contain the following infor-mation: date of the picture, GPS information, and device-specific information.

Registration and Login

You can use the App without being registered, but you have the opportunity to register yourself in the App for further services. For this registration and subsequent login procedure, we collect the follow-ing information about you:

  • name;
  • email address; and
  • password

We process this information in order to provide you with additional information about the App and other products of Digital Farming, to enable restoring information of your profile, to enable you to connect the App to other Digital Farming products in the future, and to enable in-app related profile saving.

 

Disclosure and Third Party Use

Disclosures of your personal information may include the following:

  • disclosure to third party service providers employed or retained by us to perform certain services or functions, such as data processing, collection or research services; and/or
  • disclosure in the event of a sale, transfer or securitization of our business or assets.

For example, the App makes use of “adjust”, a service of adjust GmbH, Saarbruecker Straße 36, 10405 Berlin (“Adjust“). If you download the App in the context of certain marketing campaigns (e.g. if you download the App after you have accessed the app store by clicking on a certain advertise-ment), Adjust will analyze your use of the App (e.g. how many pictures you have taken for weed analysis, what parts of the services have been used and how often). The following information might be processed: IP address, MAC address, mobile identifiers depending on the device as iOS IDFA (Identifier for Advertising) and IDFV (Identifier for Vendor), Android ID or Google Advertising ID (if Google Play-Services have been activated on your device), and Windows IDs. This information will be transmitted to Adjust’s servers, where it will be stored and analyzed. The results will then be made available to us in anonymized form. We and our partner Adjust will use this information to better tailor our advertisements to you and your interests, to evaluate the efficiency of promotional campaigns, and to better comprehend the behavior of visitors after they have looked at a certain advertisement and downloaded the App.

Further information on Adjust is available on www.adjust.com.

You may withdraw your consent to this type of analysis of your usage of the App at any time by either uninstalling the App from your mobile device or you may visit https://www.adjust.com/opt-out/, select the device you wish to opt-out, and provide your device identifier. Adjust will then remove usage tracking. If you have questions regarding this particular opt-out, please email our Data Protection Officer (contact information below).

We do not disclose your personal information to third parties except as described in this Privacy Policy, with your consent, or as permitted or required by law.  In circumstances where we contract with third parties, such as Adjust, we restrict their use of personal information (contractually or other-wise) to what is necessary to assist us or act on our behalf. Any third parties which are provided ac-cess to personal information will also be required to comply with security requirements prescribed by us. Third parties are not related to us and are not governed by this Privacy Policy.   

 

Other Collection, Use and Disclosure

We also reserve the right to collect, use, and disclose your personal information without your knowledge or consent where permitted or required by law.
If we ever wish to use or disclose personal information in a way that is different from that stated in this Privacy Policy or stated at the time of collection, we will notify affected individuals who will then have a choice as to whether or not we can use or disclose their personal information in this different manner, unless that use or disclosure is necessary to provide a requested product or service or it is permitted or required by law.

 

Personal Information Aggregated or Made Anonymous

To the extent that we make any personal information anonymous or aggregate it with the personal information of others such that it can no longer be attributed to you, this personal information will no longer be considered to be personal information and we are entitled to use, retain, disclose and de-stroy such information in our absolute discretion.

 

Choosing to Provide Personal Information

When dealing with us, you may choose not to provide certain personal information. If you choose not to provide all information reasonably requested, it may limit the manner in which you can make use of the App, or you may not be able to use the App at all.

 

Consent and Opting Out

Unless we are otherwise informed, the submission of personal information to us or the utilization of the App shall constitute consent to the collection, use and disclosure of personal information as described in this Privacy Policy. Implied consent may be obtained through amendments to this Privacy Policy, as provided below.  

We will obtain express consent prior to or when collecting, using or disclosing any personal information for a purpose that is not described in this Privacy Policy, or for a purpose that we did not identify to the individual from whom we are collecting personal information from, or that was not reasonably expected at the time of collection, unless we are required or authorized by law not to obtain such individual’s consent.

In certain circumstances, without limiting the foregoing provisions, including but not limited to when dealing with certain legal or security issues, we may be authorized or required by law to disclose personal information without seeking or obtaining your knowledge or consent.

You may refuse to provide personal information to us, and you may also at any time, on reasonable notice to us, withdraw consent to any of our collection, use or disclosure of your personal information unless it is required to provide requested products or services or as required by law or by similar obligations.  Alternatively, refusing to provide information or withdrawing consent may limit the products or services that we are able to provide, including use of the App itself.

Upon request, you can receive instructions on how to withdraw consent for particular purposes and/or inform us of communication preferences if you decide that you do not want to receive emails or other communications from us.

 

Right of Access and Correction

You have the right to review any personal information stored in our system with regard to the use of the App.

On your written request, and taking into consideration what is reasonable, we will provide you, not later than forty-five (45) days from our receipt of your request, or such additional time as permitted or required by law, with:

  • access to your personal information (if any) under our custody or control;
  • information about the purposes for which your personal information (if any) under our custody or control has been and is being used by us; and
  • the names of persons to whom, and the circumstances in which, your personal information (if any) has been and is being disclosed by us.

If you request a copy of your personal information and such information can reasonably be reproduced, we will provide you with a copy of the record or the part of the record containing the request-ed information or, if applicable, we will give you reasons for any delay in providing a copy of the requested information or record.
 
If you request to examine the record containing your personal information or if the requested record cannot reasonably be reproduced, we will permit you to examine or access the record or part of the record in accordance with this Privacy Policy.

All requests may be subject to reasonable fees and disbursements. Where appropriate, we may re-quire advance payment of a deposit or the entire costs of responding to a request for access to personal information.

We require that all requests for access to personal information be in writing, be signed by the requestor, and include sufficient detail to enable us, with a reasonable effort, to identify any record in the custody or under our control containing the personal information in respect of which the request is made. Please email our Data Protection Officer (contact information below).

 

Limits on Right to Access

The ability to access personal information under our custody and control is not absolute. We reserve all rights not to disclose personal information, in whole or in part, in certain circumstances permitted or required by law, including but not limited to where:

  • the disclosure could reasonably be expected to threaten the safety or physical or mental health of an individual;
  • the disclosure would reveal personal information about another individual;
  • the information is protected by any legal privilege;
  • the disclosure of the information would reveal confidential commercial information; or
  • the personal information was collected by us for an investigation or legal proceeding.

If access to personal information is refused, in whole or in part, we will provide you with the reasons for the refusal, the legislative provision on which the refusal is based, and the name of the individual who can answer questions on behalf of us about the refusal, and will inform you that you may ask for a review of the refusal in accordance with the applicable legislation.

 

Accuracy and Completeness

When we collect, use or disclose personal information, we will make a reasonable effort to ensure that the personal information is accurate, up-to-date, and complete to the extent that is reasonable for our purposes in collecting, using, or disclosing the information. To do so, it may be necessary for us to request additional information from you or have you verify your personal information.

You can review your information by contacting our Data Protection Officer (contact information be-low), and you should inform us of any changes to your personal information.

 

Requests for Correction

On your written request, we will make every reasonable effort to correct errors or omissions in your personal information where that information is in our custody or control. We require that all such re-quests be in writing, be signed by the requestor, and include sufficient detail to enable us, with a reasonable effort, to identify any record in our custody or under our control containing the personal information in respect of which the request is made. Please email our Data Protection Officer (con-tact information below).

If you make such a request, we will, as soon as reasonably possible and not later than forty-five (45) days from our receipt of the request, or within such additional time as permitted or required by law, either:

  • correct the personal information and, if reasonable to do so, send correction notifications to any third party to whom we disclosed the incorrect information; or
  • decide not to correct the personal information, but we will annotate the personal information under our control to indicate that a correction was requested but not made.

We will inform you of the action that we have taken in response to your request for correction, the name of the individual who can answer questions on behalf of us about the request for correction, and that you may ask for a review of the action taken in accordance with applicable legislation.

Notwithstanding any requests for corrections of personal information, we will not correct or otherwise alter an opinion, including a professional or expert opinion.

 

Retention and Destruction

We may retain your personal information for as long as we reasonably require the personal information for the purposes for which it was collected or for legal or business purposes, including initiat-ing a tracking of personal information in the event of actual or attempted unauthorized access to our servers. We will also retain your personal information for as long as reasonably necessary to resolve disputes, and to enforce this Privacy Policy and any terms of use.

Within a reasonable time period after we no longer reasonably require your personal information for the purposes for which it was collected or other purposes identified in this Privacy Policy, we will either destroy the records under our custody or control containing the personal information or we will render the personal information anonymous so that it can no longer be used to identify you.

 

Security

We protect personal information by implementing reasonable security safeguards appropriate to the sensitivity of the information, including technical and organizational security. Any personal information that you provide to us will be encrypted in transit to prevent its possible misuse by third par-ties. Our security procedures are continuously revised based on new technological developments.

We will act in a reasonable manner, including by contractual or other means, to require third parties to whom we disclose personal information in accordance with this Privacy Policy or as required or permitted by law to safeguard the personal information by abiding by terms contained in this Privacy Policy or by their own comparable privacy policies and by complying with applicable privacy legislation with respect to the personal information. However, we cannot guarantee such compliance by third parties.

 

Recourse

If you are concerned about the collection, use or disclosure of personal information, you may lodge a written complaint with our Data Protection Officer.  The complaint will be thoroughly investigated and the outcome will be communicated in a timely manner. 

 

Contacts

If you have any problems, questions or ideas, please contact our Data Protection Officer at: Data-protection@basf.com.

 

Changes to the Privacy Policy

We reserve the right to modify this Privacy Policy at any time without providing notice to you.  Up-dates will be published and available on the App. The amended Privacy Policy shall automatically be effective when posted. Amendments may include, without limitation, additions, deletions or modifica-tions to this Privacy Policy. The date on which this Privacy Policy was last amended is indicated at the start of this Privacy Policy.

 

Limited Nature of this Privacy Policy

Nothing contained in this Privacy Policy is intended to create a contract or agreement.