Privacy Policy

Nufarm Ltd – Global Privacy Policy
Date: August 2019

1. General Notes on data protection

We appreciate your interest in Nufarm. Nufarm takes the protection of your privacy and your Personal Data very seriously. Therefore, we process your Personal Data only in accordance with applicable data protection laws. This policy is intended to explain what types of Personal Data we collect and how that Personal Data is processed by us (“Privacy Policy”).

When this document refers to “Nufarm” this means the national Nufarm legal entity with which you are in contact or with which you have a business relationship and other companies of the Nufarm group of legal entities which legitimately process your Personal Data in line with this Privacy Policy. A list of the local / national Nufarm legal entities is available at www.nufarm.com/contact/.

“Personal Data” means personally identifiable information about an individual, such as a name, address, email address, phone number, or other identifier that permits direct or indirect identification of a specific individual, or as otherwise defined by applicable privacy and data security laws.

This Privacy Policy applies to you as a data subject in your dealings with Nufarm, namely (i) visitors and users of Nufarm’s websites and online services (such as apps) (these are referred to collectively as “Online Services”; with visitors and users referred to as “Online Services Users”), (ii) relevant individuals at customers, distributors, suppliers, vendors and other business partners of Nufarm (“Business Partner Contacts”), and (iii) applicants for any positions at Nufarm (“Applicants”). Online Services Users, Applicants and Business Partner Contacts are collectively referred to as “Data Subjects” in this Privacy Policy.

If you provide us with Personal Data of another Data Subject, please share the information contained in this Privacy Policy with them as you deem appropriate.

2. What information do we collect?

2.1 Online Services Users

We collect information about Online Services Users directly from you and automatically through your use of our Online Services.

2.1.1 Personal Data we collect directly from Online Services User

In general, you can visit or use our Online Services without identifying yourself or revealing any of your Personal Data. However, you may actively provide us with Personal Data, for example, when you sign up to receive emails from us, open or respond to our emails, enter giveaways, contests and sweepstakes, participate in promotions or special programs, participate in surveys or subscribe to receive our publications. In this case, we collect the following Personal Data as far as provided by you:

• Your name
• Company;
• Address data, email address and phone number
• Content and type of your request or preferences
• Date and time of your request
• Your marketing preferences, including any consents you have given us
• Any other information you provide to us in connection with your use of our Online Services.We will mark mandatory fields, if any, of any contact form available under any Online Service. However, you can choose to withhold Personal Data from us, or to provide information to us under a pseudonym.

Without providing the requested Personal Data you may prevent us from answering and meeting your requests or to provide our Online Services properly.

2.1.2 Personal Data we collect automatically through our Online Services from Online Services Users

When you visit our Online Services, we automatically collect Personal Data through your visit or use of our Online Services. This Personal Data may include, without limitation, the type of browser you use, the third-party web site from which your visit to our Online Services originated, the search terms you use on our Online Services, the specific web pages you visit on our Online Services and the duration of your visits, your IP address, device ID and other unique identifiers, information about your operating system, settings and system configuration.

2.2 Business Partner Contacts

In the context of a potential or existing business relationship, we may process the following Personal Data about

Business Partner Contacts

• Contact information, such as full name, work postal address, work telephone number, work cell/mobile phone number, work fax number, work email address, and job title;
• Payment data, such as credit/debit card numbers, security code numbers, tax ID and other related billing information and data necessary for processing payments and fraud prevention;
• Further information necessarily processed in the course of a project or contractual relationship with us or voluntarily provided by the Business Partner Contacts, such as Personal Data relating to orders placed or payments made;
• Personal Data collected from publicly available resources (e.g. names of shareholders or directors, professional identifiers, affiliation details, representatives or auditors);
• Other Personal Data, if required for compliance screenings of our Business Partners or Business PartnerContacts, performed in line with applicable law. This may include date of birth, ID numbers, identity cards and information about relevant and significant litigation or other legal proceedings against Business Partners, Business Partner Contacts and other individuals associated with Business Partners;
• Any other information you provide to us in connection with your business relationship with us.

2.3 Applicants

We process Personal Data received or obtained from Applicants as part of the application process, which includes the following:

Information such as name, contact details, postal address, gender, citizenship, eligibility to work in certain countries and notice period; additional information you choose to provide in the course of the application process, such as work competencies, work experience, education and certifications, references, cover letter, job preferences, personal and family data (e.g. civil status, information on children), and related supporting documents; Information obtained from public sources (e.g. press, internet) or legitimately transmitted by other Nufarm legal entities or by third parties (e.g. notices on criminal offences); any other information you provide to us in connection with your application.

During the recruitment process we may ask the Applicant to provide us with additional information and/or provide additional consent allowing us to conduct pre-employment checks to further assess the Applicant’s qualifications and suitability for available roles with Nufarm.

3. Purposes of Processing

We may process Personal Data during the course of our interactions or that you chose to provide to us for the purposes outlined below.

You have the option of not disclosing Personal Data to us or to use a pseudonym instead, unless it is impractical, in our determination, for us to assist you or we are otherwise required by law or a court or tribunal to deal with you on an identified basis. If you choose to withhold any Personal Data, we may not be able to provide you with all or part of our Online Services or fulfill a contract with the relevant Business Partner.

In more detail:

3.1 Online Services Users

We process Personal Data of Online Services Users for the following purposes:

• as required for operating and managing our Online Services and to be able to allow you to access and use our Online Services with all its functions;
• as required to provide content to you, respond to your queries or requests, communicating and interacting with you;
• as required by Nufarm to operate our business; to notify you of changes to the Online Services, our Terms of Use or this Privacy Policy; to send you an email confirming your registration to monitor the use of our Online Services products, to improve and develop our Online Services; and for internal statistical or operational purposes, such as for measuring and understanding the demographics, interests, purchases and trends of our Online Services Users;
• as required to administer and perform marketing campaigns, surveys, market analysis, contests, sweepstakes or other promotional activities or events;
• to protect our rights and interests as well as the rights and interests of our Online Services Users and any other person;
• to comply with applicable legal or regulatory obligations (including, but not limited to, use in connection with legal claims) and for compliance, regulatory, investigative purposes (including disclosure of such information in connection with legal process or litigation).

3.2 Business Partner Contacts

We process your Personal Data in the context of a potential or existing business relationship with Business Partners for the following purposes:

• to communicate with you about products and services, or to respond to any your queries or requests;
• to establish and fulfill a contract with you or one of our Business Partners, a request for a quotation or a purchase order. This may include delivery of products or services, verifying your identity and your company’s financial solvency and credit risk, collection of payments due to us inclusive the (re-)financing of debts, performing accounting, auditing;
• the management of our relationship with you and the Business Partner represented by you;
• to administer and perform marketing campaigns, surveys, market analysis, contests, sweepstakes or other promotional activities or events;
• to comply with applicable laws (such as record keeping obligations), export control and customs, compliance screening obligations (e.g. anti-money laundering checks), and to protect Nufarm’s legitimate business interests and legal rights, including, but not limited to, use in connection with legal claims and compliance, and for regulatory or investigative purposes (including disclosure of such information in connection with a legal process or litigation).

3.3 Applicants

We process Personal Data of Applicants in the context of recruitment for the following purposes:

• as required to administer, process and evaluate the application of the relevant Applicant or to assess their suitability for available roles based on their Applicant´s profile created;
• if an Applicant provides details of a referee or any other third party (e.g. educational institution) as part of the application, this authorizes Nufarm to contact the third party to validate relevant information provided by the Applicant.

4. Legal Basis for the Processing

We rely on the following legal grounds to process Personal Data:

• As required to establish, manage, perform and/or terminate contracts with you.
• As required to pursue our legitimate interests, to the extent that such legitimate interests are not overridden by your data protection rights.
• Where we have obtained your prior consent.
• As required to comply with applicable laws or if is in the public interest.

5. Cookies when using Online Services

Cookies are small text files which are placed on your computer or device. Cookies can identify your internet browser but not you. You can adjust your web browser settings to restrict, limit or deny cookies, but note that this may result in aspects of our Online Services not functioning correctly. You can learn more about how to manage your cookies by visiting aboutcookies.org.

Your consent is not required for us to place necessary cookies (Session Cookies) which ensure the continuity of your browsing session while you move around the Online Services, enable you to access secure areas, or allow you to save items to an online list or “basket”.

We will ask for your consent before placing any cookies on your computer or device that collect information about which aspects of our Online Services are most visited and what errors are experienced on our Online Services, so that we can improve the design and layout of our Online Services and improve the effectiveness of our platforms and software applications.

We will ask for your consent before placing any cookies (Persistent Cookies) on your computer or device that enable our Online Services to recall selections you have previously made, in order to provide you with a personalised experience (e.g. displaying content in your preferred language or remembering your city or country location).

We will ask for your consent before placing any advertising cookies on your computer or device that enable the delivery of advertising content related to your browsing history. Third parties may use cookies and other technologies such as web beacons, Adobe Flash technology (including Flash Local Stored Objects also known as “Flash Cookies”) and JavaScript on our Online Services in connection with online activities such as banner advertising, internet site analytics, maps, social sharing and surveys.

This may allow them to collect information about your use of our Online Services (including your device’s internet protocol ("IP") address) which they may store domestically or in other countries, including the United States. The use of these technologies allows these third parties to deliver customised advertising content, measure the effectiveness of their advertising, evaluate users’ use of our Online Services and provide other services relating to internet site activity and internet usage. Those third parties may also transfer the information they collect to others if required to do so by law, or if those others process the information on their behalf. Please note that setting the Flash Player to restrict or limit acceptance of Flash Cookies may limit the functionality of internet sites using Flash, which our Online Services may do from time to time.

You can find further information in the privacy policies of those third-parties, including guidance on how to restrict or deny these cookies or technologies.

6. To whom may we disclose Data Subjects’ information?

To the extent required for the purposes outlined under 3. above Personal Data may be disclosed to the following recipients:

Other group companies

We may disclose Personal Data to other Nufarm legal entities in the EU and outside the EU only where necessary for the purposes explained in this Privacy Policy. A list of the local /national Nufarm legal entities is available at https://www2.nufarm.com/contact/.

Service Providers

Personal Data may be disclosed to third party service providers, who process such Personal Data on our behalf for the purposes explained in this Privacy Policy. Such third parties include, but are not limited to, payroll service providers, IT service providers, banks or similar financial organization, survey service providers, investigators, and data hosting providers.

Government Authorities/ Law Enforcement Officials

Personal Data may be disclosed to government authorities and/or law enforcement officials if required for the purposes explained in this Privacy Policy.

Other Unaffiliated Third Parties

We may disclose Personal Data to auditors or similar external consultants like lawyers or tax advisors, if required for the purposes explained in this Privacy Policy.

A complete list of the categories of third parties to which we disclose Personal Data can be obtained on request by contacting us using the details in section 13 below.

7. International Transfer of Personal Data

Where information is transferred out of the European Economic Area (E.E.A.) to a Nufarm legal entity or a third party in connection with the purposes set out in this Privacy Policy, we will, to the extent that no statutory level of security comparable to the European data protection laws exists in such countries, adopt appropriate measures to ensure that your personal data will be adequately protected in these countries. In particular, we may apply the standard contractual clauses published by the European Commission or an appropriate Privacy Shield certification.

A copy of the relevant mechanism can be provided for your review on request to Nufarm using the contact information provided in section 13 of this Privacy Policy.

8. Security of Personal Data

We consider the security your Personal Data to be of utmost importance regardless of whether the Personal Data is processed inside or outside the EU and regardless of whether it is processed by Nufarm or by third party service providers on behalf of Nufarm.

To prevent unauthorised access, disclosure, interference or misuse, we have implemented procedures and installed equipment to safeguard the security and confidentiality of your Personal Data. Our safety precautions are reviewed and improved constantly to ensure we are doing all that is reasonably and technically feasible at that time to protect your Personal Data. However, since no system is completely secure or error-free, we cannot guarantee that your Personal Data is totally protected, for example, from hackers or misuse.

9. Direct marketing to Business Partners

We do not provide Personal Data of Business Partner Contacts to other entities or organisations for the purposes of direct marketing. We may send you direct marketing communications with your express consent. By providing us with your consent, we may use that Personal Data to send you direct marketing communications that include promotions and information about our products and services. These communications will be sent principally by email or post, but also by telephone, SMS or fax.

You can opt-out of receiving our marketing communications at any time by contacting us using the details in section 13 or by using the “unsubscribe” function included in the email marketing communications you receive, and we will then take steps to remove your Personal Data from our direct marketing database.

10. Data Subjects’ Rights in Relation to their Personal Data

You as Data Subjects generally have the following rights:

• You can request information from us at any time as to whether and how we process your Personal Data and request that we give you access to your Personal Data or send you a copy of it.
• If you believe that your Personal Data is incorrect or incomplete, you can ask us to correct or complete it.
• You may also have the right to object to the processing of your Personal Data and you may request us to restrict our use of your Personal Data and to delete your Personal Data.
• If we process your Personal Data based on your consent, you have the right to withdraw your consent at any time. You can withdraw your consent by emailing your local Nufarm customer services contact (www2.nufarm.com/contact) or email dataprotectionrequest@nufarm.com. If you wish to unsubscribe from any electronic direct marketing or subscription of any Online Service, please email unsubscribe@nufarm.com, or select any displayed “opt-out” link in the relevant instructions in the communication. Your withdrawal will not affect the lawfulness of the processing carried out before you withdrew your consent.
• With regard to the Personal Data we process based on your consent or based on a contract, you may request a copy of this Personal Data from us in a structured, commonly used and machine-readable format.

Some of these rights are restricted. For example, we cannot delete Personal Data if we are obliged to store it by law or if we retain it based on a contract with the relevant Data Subject. In addition, information about, and access to, Personal Data may be denied if Personal Data about another person would be disclosed in the course of complying with the request, or if it is not possible for us to disclose the requested Personal Data for legal reasons.

If Personal Data is required by us to fulfil a legal or contractual obligation, providing this information is mandatory. If this information is not provided, we cannot perform the contract or fulfil our obligations. In all other cases, the provision of the requested Personal Data is voluntary.

If you, as a Business Partner or Data Subject, would like to access, amend, restrict or enquire about your data, please contact or email your local Nufarm customer services at www2.nufarm.com/contact/ or globally at dataprotectionrequest@nufarm.com.

If you wish to make a complaint or report a data privacy breach, please email privacy@nufarm.com. You may always lodge a complaint with a supervisory authority, in particular with the supervisory authority in the EU Member State in which you reside.

11. How Long we Retain Personal Data of Data Subjects

We will keep Personal Data for as long as it is necessary for the relationship with Data Subjects or otherwise permitted or required under applicable law. If we are processing a specific request that you have sent us, we will generally keep the concerned Personal Data for as long as is necessary to process this request. Afterwards, we may retain Personal Data for an appropriate period to protect ourselves from legal claims, to administer our business, or to the extent permitted by applicable law, which may require us to hold the relevant Personal Data for specific periods. If we process Personal Data based on consent, we will delete this Personal Data upon withdrawal of the consent. If a different retention period will apply to any Personal Data, this will be specified at the time that Personal Data is collected (e.g. when we ask for consent).

Once the purpose for which the Personal Data was initially collected is achieved and the retention period has ended, we will delete or anonymise it in a secure manner without unreasonable delay.

If we cannot entirely delete Personal Data due to statutory retention obligations or billing and accounting obligations, the Personal Data will be "blocked" (meaning that the Personal Data cannot be used further) until the relevant retention period expires or until the billing or accounting purpose has been fulfilled.

12. Updates to this Privacy Policy

This Privacy Policy may be updated periodically. Nufarm will update the date at the top of this Privacy Policy accordingly and encourage you to review this page periodically. On some occasions, Nufarm may also actively advise you of specific data handling activities or significant changes to this Privacy Policy, as required by applicable law.

13. Data Controller and Contacting Us

Generally, the data controller for the Personal Data of Data Subjects is the Nufarm affiliate you have the relationship with. A list of the local / national Nufarm legal entities is available at https://www2.nufarm.com/contact/. In some cases, the data controller for the Personal Data may be different (e.g. where a marketing campaign is run centrally). In this situation, you will be separately informed of the data controller's identity.

If you wish to access or amend or delete or restrict your data or withdraw your consent, please email your local Nufarm customer services contact (https://www2.nufarm.com/contact) or email dataprotectionrequest@nufarm.com. If you wish to unsubscribe from any electronic direct marketing or subscription of any Online Service, please email unsubscribe@nufarm.com, or select any displayed “opt-out” link in the relevant instructions in the communication.

If you have questions about Nufarm's privacy practices, or the content of this Privacy Policy, or wish to make a complaint or report a data breach, please contact us by:

Post
Nufarm Australia Ltd., 103-105 Pipe Road, Laverton North, VIC, 3026, Australia, for the Attention of Data Protection & Privacy, Legal

E-mail
privacy@nufarm.com.

We request that privacy complaints are made in writing for the sake of accuracy and to assist our investigations. We will respond and try to resolve your complaint within a reasonable period and within any timeframes established by applicable law.

If Nufarm cannot satisfactorily resolve any concerns or issues you have about how Nufarm processes Personal Data, you have the right to lodge a complaint with your local supervisory authority.