Privacy Policy

Last updated: July, 2022

Thank you for visiting the Seed Tracking System website (the "Service"). The Service is operated by KWS Cereals USA ("us", "we", or "our").

We are committed to protecting and maintaining the privacy of all visitors to and users of the Service, and any information collected from you via the Service will only be used by us to assist us in operating, supporting or enhancing the Service to meet your needs. This Privacy Policy summarizes our privacy practices in connection with the Service and all related information systems and applications operated in connection therewith.

READ THIS PRIVACY POLICY CAREFULLY BEFORE MAKING ANY USE OF THE SERVICE. BY MAKING ANY USE OF THE SERVICE, YOU AGREE AND CONSENT TO THE PRACTICES AND POLICIES DESCRIBED IN THIS PRIVACY POLICY, AND TO THE COLLECTION, USE, AND DISCLOSURE OF YOUR PERSONAL INFORMATION (AS HEREINAFTER DEFINED) BY KWS CEREALS USA IN ACCORDANCE WITH THE TERMS OF THIS PRIVACY POLICY.

Personal Information Collection, Use, Disclosure and Consent

"Personal Information" is defined as any information that identifies you as an individual, and with respect to the Service, may include your name, email address, address, and phone number, and any other information that you provide about you in connection with the Service.

We are committed to providing visitors to and users of the Service ("you", "your" or "them") with secure and effective service. Providing effective service may involve the collection, use and, at times, the disclosure of, your Personal Information. We are committed to maintaining and protecting the privacy and security of Personal Information collected by or in the course of providing the Service, and to compliance with all laws applicable to the collection, use and disclosure of Personal Information. To that end, we will inform you of why and how we collect, use and disclose Personal Information; obtain your consent to these activities, as may be applicable or required by law; and handle, store and process Personal Information in accordance with applicable law. Our privacy commitment includes ensuring the accuracy, confidentiality, and security of Personal Information in our custody or control, and allowing you to request access to, and correction of, your Personal Information if and as required.

We will only collect Personal Information for the following purposes, and will only collect that Personal Information that is necessary to fulfill the following purposes:

  • To verify identity and access to the Service;
  • To identify your preferences with respect to the Service;
  • To open and manage an account for the purpose of using or accessing the Service;
  • To provide the Service, and to ensure you receive a high standard of service from us in your use of the Service;
  • To correspond with you with respect to the Service;
  • To meet any applicable legal or regulatory requirements;

Once collected, Personal Information is only used or disclosed by us for the purposes for which it was collected, unless otherwise required by law.

By using or accessing the Service, you consent to the collection, use, and disclosure of your Personal Information as set out herein. We will obtain your consent to collect, use or disclose your Personal Information. Your consent may be provided expressly, via a verbal, written or electronic consent, or by implication. You provide implied consent via your actions in using the Service. For example, by voluntarily submitting your Personal Information to the Service in order to access and make use of the Service, you indicate your consent for that Personal Information to be collected, used and disclosed in accordance with this Privacy Policy. If you do not consent to the collection, use and disclosure of your Personal Information in accordance with this Privacy Policy, you should not make use of the Service, nor submit your Personal Information to it. Note, however, that certain services or functions can only be made available to you in connection with the Service if you provide your Personal Information to the Service, and therefore, we may be unable to provide you with those services or functions if you choose not to provide us with the Personal Information needed to offer those services or functions.

In some cases, we may be permitted to collect, use or disclose your Personal Information without your consent. For example, we may collect, use or disclose your Personal Information without your consent:

  • When permitted to do so or required to do so by law, including according to the relevant provisions of the Personal Information Protection and Electronic Documents Act, S.C. 2000, c.5 and the Personal Information Protection Act, S.A. 2003, c. P-6.5, and/or any other relevant privacy enactment (collectively, the “Privacy Acts”). The Privacy Acts may permit the use and/or disclosure of Personal Information without notice if, for example: (a) the Personal Information could be useful in the investigation of a contravention of the laws of Canada, a province or a foreign jurisdiction; (b) the Personal Information is used or disclosed for the purpose of acting in respect of an emergency that threatens the life, health or security of an individual; and (c) the Personal Information is disclosed to comply with the edicts of the law, or to comply with a subpoena or warrant issued or an order made by a court;
  • To our agents, suppliers and service providers for use in connection with matters relating to your use of the Service and administration of the Service;
  • In an emergency that threatens an individual's life, health, or personal security;
  • When the Personal Information is available from a public source;
  • In connection with an investigation or proceeding to investigate or protect you, us and/or other persons from Service error or security risk, fraud, or criminal activity;
  • For the purposes of collecting a debt owed by you or enforcing a legal obligation agreed to by you.

We will not sell or rent your Personal Information to third parties unless your consent to same has been provided. We may use your Personal Information to create non-personal, de-identified or aggregated information regarding the Service or the use of the Service, and we may disclose that non-personal (i.e., de-identified or aggregated) information to other persons, and retain it for future use.

We retain your Personal Information for the time necessary to fulfill the purposes identified in this Privacy Policy, or a relevant legal or business purpose. You acknowledge and agree that We may, at our sole discretion, use a variety of security technologies and procedures to help protect your Personal Information from unauthorized access, use, and disclosure. We are committed to ensuring the security of your Personal Information and may use security safeguards such as passwords, encryption, firewalls, restricted employee access or other methods, to protect it from loss, theft, and unauthorized access and disclosure, and to protect your privacy. When your Personal Information is no longer required, it will be destroyed, anonymized or disposed of in a secure manner.

We will make reasonable efforts to ensure that your Personal Information is accurate and complete. You may request correction to your Personal Information to ensure its accuracy and completeness. Any such request must be in writing and provide sufficient detail to identify your Personal Information and the correction being sought. Requests can be sent to KWS Cereals USA designated privacy officer at sua@kwsseeds.com.

You may withdraw your consent to the collection, use, and disclosure of your Personal Information as set out in this Privacy Policy at any time. Withdrawal of your consent to the collection, use, and/or disclosure of your Personal Information as set out in this Privacy Policy may result in the Service or certain features of the Service being unavailable to you. If you withdraw your consent to the collection, use, and/or disclosure of your Personal Information as set out in this Privacy Policy, KWS Cereals USA reserves the right to limit your access or prevent you from accessing the Service.

We will investigate all reasonable written complaints or inquiries about the policies and practices we use relating to the collection, use and disclosure of your Personal Information. Any such complaint or inquiry may be directed to the contact particulars noted in the "Contact Us" section of this Privacy Policy.

Log Data

The Service may automatically collect certain non-personal information regarding visitors and users. For example, the Service collects information that your browser sends whenever you visit the Service ("Log Data"). This Log Data may include information such as your computer's Internet Protocol ("IP") address, browser type, browser version, the pages of our Service that you visit, the time and date of your visit, the time spent on those pages, and other statistics. This non-personal information is used for system administration purposes, and to improve the Service.

In addition, we may use third party services such as Google Analytics that collect, monitor and analyze this type of non-personal information, or Log Data, in order to increase our Service's functionality. These third party service providers have their own privacy policies addressing how they use such information.

Cookies

The Service also uses "cookies". Cookies are temporary files containing a small amount of data, which may include an anonymous unique identifier, and are placed on your computer when you visit a website. Cookies are distributed by your computer to web browsers when you return to a previously-visited website, or a specific area within a website, in order to assist you as a user by displaying previously used customizations that allow you to "pick up where you left off". Cookies created on your computer by using the Service do not contain any information that can be used to personally identify you, are not Personal Information, and do not compromise your privacy or security. Any cookies used by the Service are used to aid in the collection of anonymous statistical information such as your browser type, screen size, web traffic patterns, and pages visited. This information helps us improve the Service, and its function, and your experience of using the Service, and is not disclosed to any third parties.

You can instruct your browser to refuse all cookies or to indicate when a cookie is being sent. However, if you do not accept cookies, you may not be able to use some portions of our Service. If you do not instruct your browser to refuse all cookies or to indicate when a cookie is being sent, your consent to our use of the information collected via cookies may be implied.

Service Providers

We may employ third party companies and individuals to facilitate our Service, to provide the Service on our behalf, to perform Service-related services, or to assist us in analyzing how our Service is used.

These third parties may have access to your Personal Information only as necessary for the purpose of performing these tasks on our behalf, and are obligated not to disclose or use any component of your Personal Information for any other purpose. We make commercially reasonable efforts to ensure that all third party service providers acting on our behalf are obligated to provide a comparable level of protection for your Personal Information to the level of protection that we provide, including using your Personal Information only to the extent necessary to provide the Servicer on our behalf.

Compliance With Laws

As set out above, and for clarity, we will disclose your Personal Information where required to do so by law or subpoena, or if we believe that such action is necessary to comply with the law and the reasonable requests of law enforcement, or to protect the security or integrity of our Service.

Security

The security of your Personal Information is important to us, but remember that no method of transmission over the Internet, or method of electronic storage is 100% secure. While we strive to use commercially acceptable means to protect your Personal Information, we cannot guarantee its absolute security.

International Transfer

Your information, including Personal Information, may be transferred to — and maintained on — computers located outside of your province, country or other governmental jurisdiction, where the data protection laws may differ than those from your jurisdiction.

If you are located outside Canada and choose to provide Personal Information to us, please note that we transfer the Personal Information to Canada and process it there.

Links To Other Sites

Our Service may contain links to other sites that are not operated by us. If you click on a third party link, you will be directed to that third party's site. We strongly advise you to review the Privacy Policy of every site you visit.

We have no control over, and assume no responsibility for the content, privacy policies or practices of any third party sites or services. No endorsement of any third party products or services is expressed or implied by any information, material or content referred to or included on, or linked from or to the Service.

Children's Privacy

Our Service is not intended for the use of anyone under the age of 18 ("Minor").

We do not knowingly collect personally identifiable information from Minors. If you are a parent or guardian and you are aware that your Minor has provided us with Personal Information, please contact us. If we become aware that we have collected Personal Information from Minors without verification of parental consent, we take steps to remove that information from our servers.

Changes To This Privacy Policy

We may update our Privacy Policy from time to time. We will notify you of any changes by posting the new, updated Privacy Policy on this page.

You are advised to review this Privacy Policy periodically for any changes. Changes to this Privacy Policy are effective when they are posted on this page, and the collection, use and disclosure of your Personal Information will be governed by the version of this Privacy Policy in effect at that time.

If we make any material changes to this Privacy Policy, we will notify you either through the email address you have provided us, or by placing a prominent notice on the Service. What constitutes a “material change” will be determined by us, at our sole discretion.

Your continued use of the Service subsequent to any changes to this Privacy Policy will signify your consent to the collection, use and disclosure of your Personal Information in accordance with the updated Privacy Policy.

Contact Us

If you have any questions about this Privacy Policy, please contact KWS Cereals USA’s designated privacy officer at sua@kwsseeds.com.

 

 

Terms and Conditions

Last updated: July, 2022

These Terms and Conditions ("Terms", "Terms and Conditions") govern your use of the Seed Tracking System Site (the "Service"), operated by KWS Cereals USA ("us", "we", “KWS Cereals USA”, or "our"). Please read these Terms and Conditions carefully before using the Service.

Your access to and use of the Service is subject to all applicable laws and regulations which apply to use of the Service, and is based on your acceptance of and compliance with these Terms. These Terms apply to all visitors, users and others who access or use the Service.

By accessing or using the Service, you agree to be bound by these Terms and accept all legal consequences associated therewith. IF YOU DO NOT AGREE TO THESE TERMS, IN WHOLE OR IN PART, PLEASE DISCONTINUE ANY USE OF THE SERVICE IMMEDIATELY AND MAKE NO FURTHER USE OF ITS CONTENT OR FUNCTIONALITY.

Accounts

When you create an account with us, you must provide us information that is accurate, complete, and current at all times. Failure to do so constitutes a breach of the Terms, which may result in immediate termination of your account on our Service.

You are responsible for safeguarding the password that you use to access the Service and for any activities or actions that may occur through your account or via the use of your password, whether your password is with our Service or a third-party service.

You agree not to disclose your password or other account information associated with the Service to any third party. You must notify us immediately upon becoming aware of any breach of password security or unauthorized access or use of your account.

You may not use as a username the name of another person or entity or that is not lawfully available for use, a name or trade mark that is subject to any rights of another person or entity other than you without appropriate authorization, or a name that is otherwise offensive, vulgar or obscene.

Intellectual Property

The Service and all contents, including but not limited to text, images, graphics or code (the "Content") are the property of KWS Cereals USA, and KWS Cereals USA owns all Content and all of the intellectual property rights therein. The Content is protected by Canadian and international copyright, trademark, and other intellectual property rights, as may be applicable. Where indicated on the Service, you may download or print portions of the Content from the different areas of the Service, but only for your own personal use, and not for commercial purposes. Any other use, including without limitation further copying or reproduction, or repackaging, redistribution, republishing, modification, transmission, sale or exploitation of the Content, in whole or in part, in printed or electronic, or any other format, is strictly prohibited unless otherwise authorized in writing by KWS Cereals USA, and may violate copyright, trademark and other laws. These Terms do not grant you a license to use any intellectual property, including without limitation any trademark of KWS Cereals USA or any of its affiliates. You further agree not to use, change or delete any proprietary notices from Content accessed via or downloaded from the Service.

Access and Security

You agree: not to disrupt, interrupt or attempt to interrupt the operation of the Service in any way; to comply with all trademark, copyright and other laws worldwide in your use of the Service; not to upload any content to the Service except as expressly permitted in these Terms, nor to upload computer code of any type, to the Service; not to post or transmit any material which is threatening, abusive, defamatory, hurtful, invasive of privacy or publicity rights, vulgar, obscene, indecent, hateful, profane or otherwise objectionable; and not to use the Service or the Content in an unlawful manner, or in any manner that infringes any rights of KWS Cereals USA or any other person or organization. You further agree that you will not violate (or attempt to violate) the security of the Service by hacking, cracking, mail bombing, mounting a denial of service attack, breaching of etiquette or any other similar careless, malicious or negligent act or conduct.

Links To Other Web Sites

The Service may contain links to third-party web sites or services that are not owned or controlled by KWS Cereals USA

KWS Cereals USA has no control over, and assumes no responsibility for, the content, privacy policies, or practices of any third party web sites or services. You further acknowledge and agree that KWS Cereals USA shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such content, goods or services available on or through any such websites or services. No endorsement of any third party products or services is expressed or implied by any information, material or content referred to or included on, or linked from or to the Service.

We strongly advise you to read the terms and conditions and privacy policies of any third-party web sites or services that you visit.

Termination

We may terminate or suspend your access to our Service immediately, without prior notice or liability to you, for any reason whatsoever, including, without limitation, if you breach the Terms.

All applicable provisions of the Terms shall survive termination of your access to the Service, including, without limitation, ownership provisions, warranty disclaimers, indemnity and limitations of liability.

Upon termination, your right to use the Service will immediately cease. If you wish to terminate your account, you may simply discontinue using the Service.

Indemnification

You agree to indemnify, defend and hold harmless KWS Cereals USA, its principals, officers, directors, representatives, employees, contractors, licensors, licensees, suppliers and agents, from and against any losses, liability, demand, action, cost, expense, or claim of any kind, including but not limited to lawyer's fees and disbursements on a solicitor and his own client full indemnity basis, relating in any way to the use or misuse of the Service, Content, or products, programs and/or services accessible via the Service, by you, or any person or entity accessing the Service using your account, including without limitation any intellectual property or privacy right, and any violation of these Terms. This defense and indemnification obligation will survive these Terms and your access to and use of the System.

This defense and indemnification obligation extends to any loss, liability, demand, action, cost, expense or claim of any kind relating in any way to negligent or illegal conduct by you, or any person or entity accessing the Service using your account, whether such access is obtained via fraudulent or illegal means.

Limitation Of Liability

Neither KWS Cereals USA, nor any of its directors, employees, partners, agents, suppliers, or affiliates, shall be liable to you for any loss or damage, whether direct or indirect, incidental, special, consequential or punitive, resulting from (i) your access to or use of the Service or the Content; (ii) your inability to access or use the Service or any of the Content; (iii) any conduct or content of any third-party on or related to the Service; or (iv) the unauthorized access to, use of, or alteration of your transmissions or content made or created via the Service, whether based on warranty, contract, tort (including negligence) or any other claim in law, whether or not we have been informed of the possibility of such damage, and even if a remedy set forth herein is found to have failed of its essential purpose, unless in your jurisdiction the limitation of some or all of such liabilities is not permitted or is restricted, in which case all such liabilities are limited to the fullest extent permitted by law in your jurisdiction.

Disclaimer And Non-Waiver of Rights

KWS Cereals USA makes no guarantees, representations or warranties of any kind as regards the Service, the Content and associated technology, and does not promise any specific results from use of the Service, or that the Service will meet with your expectations. Your use of the Service and Content is in your sole discretion and is at your sole risk. In particular, KWS Cereals USA makes no representations or warranties with respect to the accuracy, adequacy, completeness, or currency of the Service or any Content on the Service, nor does KWS Cereals USA represent or warrant that any element of the Service is free from any computer virus or other malicious programming, is non-infringing of any third party’s rights (including any intellectual property rights), is free from any errors, defects or service interruptions, or is secure. You are responsible for implementing sufficient safe guards and procedures to satisfy your requirements for the security and safety of your systems. By accessing the Service, you assume total responsible and risk for the use of the Service and its Content.

The Service and the Content are provided on an "AS IS" and "AS AVAILABLE" basis, and are provided without warranties of any kind, whether express or implied, including, but not limited to, implied warranties of merchantability, fitness for a particular purpose, non-infringement of third party rights (including any intellectual property rights), or course of performance. This disclaimer applies to the fullest possible extent in jurisdictions that limit the exclusion of implied warranties. If in your jurisdiction the exclusion of some or all of such expressed or implied warranties is not permitted or is restricted, all such expressed or implied warranties are excluded to the fullest extent permitted by law in your jurisdiction.

If you breach any of these Terms and KWS Cereals USA chooses not to immediately act, or chooses not to act at all, KWS Cereals USA will still be entitled to all available rights and remedies at any later date, or in any other situation, where you breach these Terms. KWS Cereals USA does not waive any of its rights. KWS Cereals USA shall not be responsible for any purported breach of these Terms caused by circumstances beyond its control. A person who is not a party to these Terms shall have no rights of enforcement.

You may not assign, sub-license or otherwise transfer any of your rights under these Terms.

Monitoring Use

We reserve the right to monitor your use of the Service and the Content, including where traffic originated from, its subsequent destination, as well as history of use of the Service and pages comprising the Service. In addition, you acknowledge that we will cooperate fully with investigations of violations of systems or network security at other sites, including without limitation cooperating with law enforcement authorities in investigating suspected criminal violations.

Governing Law

These Terms shall be governed by, and interpreted and enforced in accordance with, the laws in the Province of Alberta and the laws of Canada, as applicable.

If any provision of these Terms is held to be invalid or unenforceable by a court of competent jurisdiction, then any remaining provisions of these Terms will remain in effect. These Terms constitute the entire agreement between us and you regarding our Service, and supersede and replace any prior agreements, oral or otherwise, regarding the Service.

Privacy Policy

You acknowledge and agree that your use of the Service is subject to a Privacy Policy, accessible at (the "Privacy Policy"). Please carefully review our Privacy Policy. By using the Service, you signify that you have read, fully understand and agree to our Privacy Policy. KWS Cereals USA’s use of Personal Information (as defined in the Privacy Policy) is subject to KWS Cereals USA’s Privacy Policy. In the event of any inconsistency between these Terms and the Privacy Policy with respect to the collection, use and disclosure of your personal information, the Privacy Policy shall govern.

Changes

KWS Cereals USA reserves the right, for any reason, in its sole discretion, to terminate, change, amend, or suspend the Site or functionalities of the Service. KWS Cereals USA may impose limits on all or certain features of the Service or restrict your access to part or all of the Service without notice or liability to you.

We reserve the right, at our sole discretion, to update, modify or replace these Terms at any time. Any such updates, revisions, supplements, replacements, or modifications to these Terms (the “Revised Terms”) will be effective immediately upon the Revised Terms being posted to the Service or by KWS Cereals USA otherwise making them available to you (as the case may be). If, in our discretion, a revision is material we will make reasonable efforts to provide at least 30 days' notice prior to any new terms taking effect. What constitutes a material change will be determined by us, at our sole discretion.

By continuing to access or use our Service after any change or revision to these Terms becomes effective, you agree to be bound by the revised Terms. If you do not agree to the new, revised Terms, in whole or in part, stop using the Service immediately.

Contact Us

For more information regarding these Terms, please contact KWS Cereals USA at sua@kwsseeds.com.