PRIVACY POLICY (V.070324)

The website grainfox.ca and app.grainfox.marketing (the “Site”), is operated by GrainFox Inc. (also referred to as “GrainFox”, “us”, or “we”).  We respect your right to control your personal information. That is why we have developed this privacy policy (the “Privacy Policy”) which describes:

• the types of personal information we collect about you;
• the purposes for which we collect that information;
• how we use that information;
• with whom we share that information;
• how we safeguard that information;
• the choices available to you regarding how we use your personal information; and
• how you can contact us about our privacy practices.

This page contains the Privacy Policy for the Site, as well as for any other websites or microsites operated by GrainFox (collectively and together with the Site, the “Sites”), and for any web applications, chatbots, desktop applications, mobile applications including, but not limited to, the GrainFox Application, tools, forums, or social media pages offered by GrainFox on the Sites, and for any online services offered by GrainFox, including but not limited to grain marketing advice, market analysis and opinions, and the creation of farm operation marketing plans  (together with the Sites, the “Service”).

By accessing or using the Service, you consent to the collection, use and disclosure of personal information by GrainFox in accordance with this Privacy Policy. You may choose not to provide us with personal information.  However, if you make this choice we may not be able to provide you with the application, service or information that you request.

If you are an Organization subscribing on behalf of your clients or users, you acknowledge that you have obtained express consent from your clients or users for you to use the Service.

We recommend that you read this Privacy Policy in its entirety to ensure that you are fully informed.

1. Definitions

For the purposes of this Privacy Policy, the following words have the following meanings:

“collection” means the act of gathering, acquiring, recording or obtaining personal information from any source, including third parties, by any means.

“consent” means voluntary agreement with the collection, use and disclosure of personal information for defined purposes. Consent can be either express or implied and can be provided directly by the individual or by an authorized representative, such as a parent or guardian.  Express consent is permission that is granted by an individual taking a positive step to signify consent and may be given orally, electronically or in writing.  Implied consent is the assumption of consent that can reasonably be inferred from a user's action or inaction.

“disclosure” means making personal information available to a third party.

“employee” means an employee of GrainFox, and for the purpose of this Privacy Policy only, includes agents, independent and other contractors performing services for GrainFox.

“non-personal information” means information that does not identify a specific individual and which we are unable to connect to other information in order to identify a specific individual.

“Organization” means a company, entity or organization, including any business, but does not include an individual.

“personal information” means information about an identifiable individual, but not aggregated information that cannot be associated with a specific individual.

“registered user” means a user who has created and registered an account or accounts with GrainFox, as well as an Organization that has created and registered an account or accounts with GrainFox.

“third party” means an individual other than the user, or the user's agent, or an organization other than GrainFox or an Organization, other than the user.

“use” means the treatment, handling and management of personal information by and within GrainFox.

“user” means an individual who visits the Sites and/or accesses the Service and/or uses the Service, as well as an Organization which visits the Sites and/or accesses the Services and/or uses the Service.

2. Personal Information We Collect

When you interact with us through the Service, we may collect or receive the following types of information. You can access, add to, or modify your personal information at any time through the Service, or in accordance with Sections 11 and 12 of this Privacy Policy.

Personal Information You Provide to Us

You may provide us with your personal information in different ways. For example, we may collect any or all the following personal information if the information is reasonably required to provide the Service to you:

1. 1. information that you provide when you become a registered user or otherwise complete forms on the Service, such as your name, company name, birth date, email address, social media user ID, postal address, telephone number, and country of residence,
   2. information about your farm operation including, but not limited to, precise farm location, acreage, crop yield, crop sales, and budget information,
   3. your log-in details in connection with your account(s), including your username. We do not collect your passwords, but may provide a temporary password and in that circumstance would have your password until you changed it,
   4. your correspondence with GrainFox employees or independent contractors, including any questions, concerns, or comments you may have about the Service or problems that you report,
   5. comments, videos, photographs, and any other content or information that you may submit to the Service, including content and information sent through our Messenger app,
   6. your location information, including IP address, via your mobile device, desktop application or web browser. Location information may include precise GPS coordinates if you so choose. Doing so allows us to provide you with more accurate information, and/or
   7. details of your requests made through the Service.

GrainFox does not normally collect information related to method of payment such as credit or debit card number. All purchases of GrainFox services will be directed to and handled by third parties such as Moneris. You will be bound by the privacy policies of these third-party sites. The only time GrainFox may collect payment information is if you request our assistance in inputting such information.

Technical Information We Collect Automatically

When you visit the Service, we may collect, using electronic means, technical information. This information may include:

1. 1. 1. the IP address of your computer and which browser you used to view our Service;
      2. operating system;
      3. resolution of screen;
      4. location;
      5. language settings in browsers;
      6. the site you came from and searched for keywords if arriving from a search engine; and/or
      7. unique mobile device identifiers.

This technical information (some of which in certain instances may be considered personal information) is aggregated and used to measure and improve effectiveness of our Service. We do not attempt to combine this technical information with other personal information we collect on our Service.

Personal Information Posted by You or Others to the Service

If you voluntarily submit or post any information, videos, photographs or other content (“User Content”) to the Service, certain of your personal information may be included in the posting, such as your username and email address, and this information may be collected and used by others. GrainFox has no control over and is not liable for the collection, use or disclosure of any posted User Content or your included personal information by users of the Service. You are responsible for ensuring the protection of any of your personal information that you post to any other user’s account, GrainFox messaging account or to the Sites or Service. The term “User Content” does not include aggregated non-personal data as described in Section 10 of this Privacy Policy.

3. Purpose of Collection and Use of Personal Information

GrainFox collects your personal information and will use your personal information as is reasonably required for the following purposes:

1. if you are a registered user, to establish and maintain your account;
2. to provide the Service, and/or the other services or information that you request;
3. to provide mobile device notifications;
4. to provide mobile device security;
5. to verify your identity if you submit comments, videos, photographs, opinions, or any other content or information to the Service;
6. to respond to questions, comments, requests, job applications, or complaints that you submit to GrainFox;
7. to collect amounts owing from you to GrainFox, if applicable;
8. to track communications with you;
9. to analyze use of the Service and to improve the Service;
10. to send emails, newsletters, regular mail or other communications you have consented to receive from GrainFox;
11. to provide Service-related announcements or notifications to you;
12. to aggregate your personal information resulting from the combination and/or aggregation of certain raw personal information collected from you with other data in a way that no longer personally identifies you;
13. to aggregate information about your farm operation resulting from the combination and/or aggregation of certain raw farm operation information collected from you with other data in a way that no longer identifies your farm operation;
14. to display advertising on the Service or to manage and serve our advertising on other sites. See Section 15 on targeted advertising and how you may opt out;
15. to fulfill a purpose that we disclose to you when we request your personal information; and/or
16. to meet legal and regulatory requirements.

Your personal information will only be collected and used by GrainFox and our employees, independent contractors, agents, partners and service providers in a manner consistent with the activities of GrainFox. Access to your personal information by GrainFox employees, independent contractors, agents, partners and service providers is limited only to those authorized, based on their need to deal with the personal information for the reason(s) for which it was obtained, including to enable them to perform a business, professional or technical support function for GrainFox.

4. Disclosure of Personal Information

GrainFox may disclose your personal information to:

1. its employees, independent contractors, agents, partners, distributors, retailers and service providers as is reasonably necessary to enable these parties to perform a business, professional or technical support function for GrainFox;
2. a person who, in the reasonable judgment of GrainFox, is seeking the information as your agent; and
3. a third party or parties, where you consent to such disclosure, or the disclosure is permitted or required by law.

Corporate Reorganization and Business Transfers

GrainFox may also disclose your personal information in connection with a corporate re-organization, a merger or amalgamation with another entity, a sale of all or a substantial portion of our assets or stock, including any due diligence exercise carried out in relation to same, provided that the information disclosed continues to be used for the purposes permitted by this Privacy Policy by the entity acquiring the information.

5. Change of Purpose

GrainFox will only use your personal information for the purposes for which we collected it, unless we reasonably consider that we need to use it for another purpose and that purpose is compatible with the original purpose. If we need to use your personal data for an unrelated purpose, we will notify you and obtain your express consent to do so pursuant to Section 22.

Please note that we may process your personal data without your knowledge or consent where this is required or permitted by law.

6. Children

The Service is intended for general audiences and is not directed to children under the age of 13. We do not knowingly collect personal information from children under the age of 13. In the event that we learn that we have collected personal information from a child under the age of 13, we will take appropriate steps to delete that personal information. If you become aware or believe that a child has provided us with personal information, please contact us as provided in Section 18.

7. Safeguarding Your Personal Information

GrainFox is committed to safeguarding your personal information. GrainFox uses appropriate security measures to protect personal information against risks such as loss or theft, unauthorized access, disclosure, copying, misuse, modification or destruction, and any other unlawful form of processing of the personal information in our possession regardless of the format in which it is held. The methods of protection and safeguards used by GrainFox include, but are not limited to:

• Administrative safeguards such as privacy and security policies and procedures, privacy and data protection training for GrainFox employees, independent contractors, and agents;
• Technical safeguards such as security testing, vulnerability scans, and technological measures, including the use of passwords, encryption, firewalls, and secure coding frameworks;
• Physical safeguards such as locked filing cabinets, and need-to-know access for GrainFox employees, independent contractors, agents, partners, and service providers.

In any organization, failure to protect personal information can increase the risk of a privacy breach which can lead to things such as financial loss, reputational harm, fraud, or identity theft. While GrainFox cannot guarantee that a privacy breach will not occur, GrainFox will make every effort to prevent such occurrences by implementing the above security safeguards.

GrainFox also ensures that its employees, independent contractors, agents, partners, and service providers with access to personal information are made aware of the importance of maintaining the confidentiality of the personal information.

When GrainFox engages a third party who will have access to your personal information, we use contractual or other measures to ensure your personal information is afforded a comparable level of protection as required by law.

GrainFox takes care in disposing of or destroying personal information to prevent unauthorized parties from gaining access to the information.

While GrainFox is committed to safeguarding your personal information, we cannot ensure or warrant the security of any personal information we collect either directly or automatically from you, and you provide your personal information at your own risk.

GrainFox can not guarantee that such personal information may not be accessed, disclosed, altered, or destroyed by breach of any of our security safeguards. To the degree that personal information is of a sensitive nature, in the event of a breach, there may be a risk of significant harm to you which includes bodily harm, humiliation, damage to reputation or relationships, loss of employment, business or professional opportunities, financial loss, identity theft, negative effects on the credit record and damage to or loss of property. 

GrainFox also cannot guarantee that information sent or received over the Internet is secure and does not make any representation or warranty concerning the security of personal information communicated to or from GrainFox via the Internet or regarding the interception by third parties. 

In the event of a breach of our security safeguards involving personal information under our control that we reasonably believe creates a real risk of significant harm to you, we will notify you and any other third party as required by applicable laws, including the Privacy Commissioner of Canada or law enforcement.

8. Cross Border Transfer of Personal Information

Subject to any contractual restrictions as between GrainFox and an Organization, your personal information may be stored and processed in any country (e.g. Canada, United States) where we engage third party service providers. While such information is outside of your country of residence, it is subject to the law of the country in which it is held, and may be subject to disclosure to the governments, courts, law enforcement agencies or regulatory agencies of such other country, pursuant to the laws of such country. For example, personal information stored in the United States is subject to the USA PATRIOT ACT. However, our practices will always continue to be governed by this Privacy Policy.

GrainFox has measures in place to ensure that during cross-border transfers of your personal information the personal information is subject to appropriate safeguards in accordance with data protection laws. These measures typically include contractual safeguards stipulating the confidentiality of the information and the purposes for which it is to be used.

Where and when appropriate, we will transmit amended personal information to third parties having access to the personal information in question.

9. Retention of Personal Information

GrainFox will only keep personal information for as long as reasonably necessary to fulfil the relevant purposes set out in this Privacy Policy and to comply with our legal and regulatory obligations. To determine the appropriate retention period for your information, we consider the amount, nature, and sensitivity of the information, the potential risk of harm from unauthorized use or disclosure of your information, the purposes for which we process your information and whether we can achieve those purposes through other means, and the applicable legal requirements.

Please note, if you are a registered user and your account becomes inactive, GrainFox may choose not to retain your User Content, personal information associated with your account, or any other records associated with your account, for a period longer than three years after your account becomes inactive, in which case such information may be destroyed. If your account becomes inactive, you are solely responsible for exporting any such information from your account that you may wish to retain.

10. Non-personal Information

GrainFox may collect, use, and disclose non-personal information, including aggregated data resulting from the combination and/or aggregation or certain raw data collected from you with other data in a way that no longer personally identifies you or your farm operation. We make no attempt to link this non-personal information with the identity of individuals or their respective farm operations. We may permanently archive non-personal information for future use in any manner whatsoever.

11. Accuracy of Personal Information

GrainFox is committed to keeping your personal information as complete, up-to-date, and accurate as is necessary for the purposes for which it is to be used. GrainFox will promptly correct or complete any personal information found to be inaccurate or incomplete. Where appropriate, GrainFox will transmit amended information to third parties having access to the personal information in question. Individuals can correct their personal information through the Service, or by contacting our Privacy Officer pursuant to Section 18 of this Privacy Policy during regular business hours.

12. Access to Personal Information

Upon request, GrainFox will provide you with a reasonable opportunity to review the accuracy of your personal information. Such personal information will be provided within a reasonable time of the request and at a minimal or no cost to you.

Also upon request, GrainFox will provide an account of the use and disclosure of your personal information and, where reasonably possible, will state the source of the information. In providing an account of disclosure, GrainFox will provide a list of organizations to which it may have disclosed personal information about you when it is not possible to provide an actual list.

In certain circumstances, GrainFox may not be able to provide access to all the personal information we hold about you. In such a case, we will provide the reasons for denying access upon request. Such reasons may include:

1. if doing so would likely reveal personal information about another individual that cannot be severed, or the information could reasonably be expected to threaten the life or security of another individual;
2. if doing so would reveal any of our confidential information;
3. if the information is protected by solicitor-client privilege;
4. if the information was generated during a formal dispute resolution process; or
5. if the information was collected in relation to the investigation of a breach of an agreement or a contravention of a federal or provincial law, or that of a foreign jurisdiction.

Individuals can obtain information or seek access to their personal information by contacting our Privacy Officer pursuant to Section 18 of this Privacy Policy during regular business hours.

13. Cookies and Similar Technologies

The Service uses “cookies”, which are small text files placed on your computer or other device when you visit a website. When you visit the site again, the cookie allows that site to recognize your browser. Cookies may store user preferences and other information.

There are three main types of cookies:

1. Session Cookies are specific to a particular visit and limited to sending session identifiers (random numbers generated by the server) so you do not have to re-enter information when you navigate to a new page or check out. Session cookies are not permanently stored on your device and are deleted when the browser closes;
2. Persistent Cookies record information about your preferences and are stored in your browser cache or mobile device and remain on your device between browsing sessions. For example, a persistent cookie may be used on a website to remember your log-in details so you will not need to enter those details each time you visit that website; and
3. Third Party Cookies placed by someone other than us which may gather data across multiple websites or sessions.

We use the below listed cookies to perform the following functions:

1. Strictly Necessary / Technical Cookies that are essential to enable you to move around a website and use its features. You cannot withdraw your consent to the use of these types of cookies because without them, the Service cannot be provided.
2. Analytical / Performance Cookies that collect information in aggregated form about how users interact with the Service so that we may improve functionality. These cookies are sometimes placed by third party providers which enable features or functionality provided by third parties in connection with the Service. For example, advertising, interactive content, and analytics (see Section 16). The parties that set these third-party cookies can recognize your device both when it visits the website in question and when it visits certain other websites.
3. Functional Cookies that allow a website to remember choices you make, recognize you when you return and to personalize content.
4. Targeting / Advertising Cookies that track browser habits and used to deliver targeted (interest-based) advertising based on your browsing activities and interests. See Section 15 on how you may opt out of targeting advertising.

You acknowledge that where we allow third parties to drop cookies, we have no control over those cookies or the data generated. Please refer to the third party’s privacy policy for information on what information they collect and how they use it. These cookies are likely to be analytical/performance cookies or targeting cookies.

Managing Cookies

You can manage website cookies in your browser settings, and you always have the choice to change these settings by accepting, rejecting, or deleting cookies. If you choose to change your settings, you may find that certain functions and features will not work as intended on the Service. All browser settings are slightly different, so to manage cookies, you should refer to the relevant settings within your browser.

Other Technologies

We may use other technologies similar to cookies like web beacons, which are sometimes called “tracking pixels” or “clear gifs”. These are tiny graphics files that contain a unique identifier that enable us to recognize when someone has visited the Service or opened an email that we have sent them. In many instances, these technologies are reliant on cookies to function properly, and so declining cookies will impair their functioning.

Right to Refuse the Use of Information Collection Technologies

We obtain your consent to our information collection technologies through our opt-in mechanism on the Service. You have the right to object to the use of information collection technologies such as cookies. Regular cookies may generally be disabled or removed by tools that are available as part of most commercial browsers, and in some but not all instances can be blocked in the future by selecting certain settings. Each browser you use will need to be set separately and different browsers offer different functionality and options in this regard.

Please be aware that if you disable or remove these technologies you may find that certain functions and features will not work as intended on the Service and that when you revisit our website your ability to limit cookies is subject to your browser settings and limitations.

14. Links to Other Websites

The Service may contain links to other sites, such as Facebook, Instagram, YouTube, Twitter, and LinkedIn. This Privacy Policy only applies to personal information that we collect, use and disclose. We are not responsible or liable for the privacy practices of third parties, and we strongly recommend that you review their privacy policies before you disclose personal information to them.

15. Targeted Advertising and How You May Opt Out

We may use third party advertising partners such as advertising networks, exchanges, and social media platforms to display advertising on the Service or to manage and serve our advertising on other sites. You have a variety of options to opt out of interest-based advertising ranging from browser controls, add on utilities such as ad blockers, and other opt out tools. Opt out tools may include organizations such as:

• Network Advertising Initiative: https://optout.networkadvertising.org/?c=1,;
• Digital Advertising Alliance (“DAA”) of Canada: https://youradchoices.ca/;
• DAA YourAdChoices: https://youradchoices.ca/en/tools.

16. Analytics

The Service utilizes Google Analytics, a web analysis service from Google Inc., 1600 Amphitheatre Parkway, Mountain View, CA 94043, USA ("Google"). Google Analytics uses "cookies," which are text files placed on your computer, to help the website analyze how users use the Service, compiling reports on the activity of the Service for the Services’ operators and providing other services relating to website activity and Internet usage. The information generated by the cookie (including the IP address) is transferred and stored on a Google server located in the United States.

Google may also transfer this information to third parties where required to do so by law, or where such third parties process the information on Google's behalf.  Google will not associate your IP address with any other information held by Google.

We may also use additional analytics programs from time to time to process non-personal information about you.

We make no attempt to link this non-personal information with the identity of individuals using the Service. Non-personal information may be permanently archived for future use in any manner whatsoever by GrainFox.

Disable Google Analytics

You can prevent the collection and processing of cookie created data relating to your utilization of the Service (including your IP) via Google by downloading and installing the browser-plugin available under the following link (https://tools.google.com/dlpage/gaoptout?hl=en).

Google currently offers this opt-out tool for Internet Explorer 11, Google Chrome, Mozilla Firefox, Apple Safari and Opera.

Further information concerning the terms and conditions of Google’s use and data privacy can be found at https://www.google.com/analytics/terms/us.html or at https://policies.google.com/privacy.

17. Additional EU and EEA Disclosures

Legal Basis for Processing Your Personal Information

Our legal basis for collecting and using personal information described in this Privacy Policy will depend on the personal information concerned and the specific context in which we collect it.

Below are the types of lawful basis that, depending on the circumstances, we may rely on to process your personal information:

Change of Purpose

We will only use your personal information for the purposes for which we collected it, unless we reasonably consider that we need to use it for another reason and that reason is compatible with the original purpose. If we need to use your personal data for an unrelated purpose, we will notify you and we will explain the legal basis which allows us to do so.

Please note that we may process your personal data without your knowledge or consent where this is required or permitted by law.

Your Personal Information Rights

Under certain circumstances and in accordance with EU/EEA applicable data protection laws, you have the following rights:

To exercise any of these rights, please contact us as provided in Section 18. These rights are not absolute and they do not always apply in all cases.

We may need to request specific information from you to help us confirm your identity and ensure your right to access your personal information (or to exercise any of your other rights). This is a security measure to ensure that personal information is not disclosed to any person who has no right to receive it. We may also contact you to ask you for further information in relation to your request in order to help us respond efficiently to your request.

You will not have to pay a fee to access your personal information (or to exercise any of the above rights). However, we may charge a reasonable fee if your request is clearly unfounded, repetitive or excessive. Alternatively, we may refuse to comply with your request in these circumstances.

If you have any complaints regarding our privacy practices as data controller, you have the right to make a complaint at any time to your local Supervisory Authority. We would, however, appreciate the chance to deal with your concerns before you approach your Supervisory Authority so please contact us as provided under Section 18.

18. Contact Us

To submit an inquiry, complaint, request a review of your personal information, correct or update your personal information, withdraw your consent or request more information or additional copies of this Privacy Policy contact:

GrainFox Privacy Officer

Mailing Address:  Box 68085, RPO Osborne Village, Winnipeg, MB, R3L 2V9

Telephone No.:  1-877-376-5465

E-mail: [email protected]

19. Complaints

GrainFox will promptly investigate all complaints concerning our compliance with this Privacy Policy and our dealings with your personal information.  If a complaint is found to be justified, GrainFox will take appropriate measures to resolve the complaint, including, if necessary, amending our policies and procedures. You will be informed of the outcome of the investigation regarding your complaint.

20. Withdrawing Consent

You may withdraw your consent to the collection, use or disclosure of your personal information by GrainFox at any time, subject to legal or contractual restrictions and reasonable notice.  In certain circumstances, your withdrawal of consent may result in the inability of GrainFox to continue providing aspects or optimization of the Service to you. Please contact GrainFox for more information regarding the implications of withdrawing consent.

21. Unsubscribe from Commercial Electronic Messages

We may send you commercial electronic messages (such as marketing or promotional messages) if you have:

• provided us with your express consent to receive these messages;
• recently purchased or leased a product or service from us;
• entered into a contract with us or some other form of business relationship with us;
• requested information from us; or
• applicable law otherwise permits us to send commercial electronic messages to you.

If you no longer wish to receive commercial electronic messages from GrainFox regarding our new products or services, promotions, or other similar communications, you may unsubscribe by clicking the "unsubscribe" feature in our emails. Please note that, after you unsubscribe, GrainFox may still send electronic communications to you in certain limited circumstances, such as to provide you with Service notifications and billing information, or to provide information that GrainFox is legally obligated to provide you.

22. Privacy Policy Changes

We may modify this Privacy Policy to accommodate changes in our services, changes in technology and legal developments. If we make changes to this Privacy Policy, we will provide notice through the Service, or by other means to provide you the opportunity to review the changes before they become effective. For example, we may place a prominent notice on the Service or e-mail you to let you know of an updated Privacy Policy.

If we make significant changes to this Privacy Policy, we will provide at least 30 days’ notice through the Service, or by other means, to provide you the opportunity to review the changes and provide your required consent before they become effective. A significant change may be using personal information for a new purpose or disclosures to new third parties.

You acknowledge that your continued use of the Service after we modify this Privacy Policy, publish or send a notice about our changes to this Privacy Policy means that the collection, use and sharing of your personal data is subject to the updated Privacy Policy.

If you object to any changes to this Privacy Policy you may close your account.

Whenever we update this Privacy Policy, we will change the date below to indicate when the changes were made.

Date: June 3, 2024