Revised February 6, 2024
California Resident Privacy Notice Addendum
This privacy addendum applies to you if you reside in the State of California and supplements and is in addition to the privacy policy terms applicable to you contained in Viterra USA, Inc. and its affiliates and subsidiaries (“Company”, “Us”, or “We”) International Privacy Policy located at US & Mexico Privacy Policy.
Company adopts this privacy addendum to comply with the California Consumer Privacy Act of 2018, as amended and modified, including the regulations adopted thereunder and pursuant to the California Privacy Rights Act (collectively, the “CCPA”). Certain information may be excluded from the CCPA's scope for various reasons, including where such information is subject to protection under federal law.
This privacy addendum applies to a California resident’s interaction and communication with Company, including in person, by phone, through mail or email or through the website www.viterra.us and other Company-owned and/or operated websites, mobile sites, mobile applications or social media accounts (collectively, our “Site”) and our practices for collecting, using, maintaining, protecting and disclosing that information. The information of current and potential employees is subject to this privacy addendum and the US & Mexcio Privacy Policy.
This privacy addendum does not apply to third party applications or websites that interact with or are integrated into our Site. These third party websites are not under the control of Company. In using such third party websites please be aware that each third party website is subject to its own privacy policies and is not covered by our US & Mexico Privacy Policy, this privacy addendum, or any other Company policy. We make no representation or warranty regarding the accuracy of the information contained on such third party websites, and Company disclaims all responsibility relating to or resulting from your use of such third party websites.
Please read this privacy addendum carefully to understand our policies and practices regarding your information and how we will treat it. If you do not agree with our policies and practices, your choice is not to use our Site or otherwise disclose information to Company. By accessing or using our Site or otherwise disclosing to us any information, you consent to our collection, use, and sharing of your information in accordance with this privacy addendum.
Notice of Collection
Viterra collects the following categories of personal information, as defined by California law: personal identifiers; personal information under California Civ. Code § 1798.80(e); commercial & financial information, biometric information, website/application interaction or similar network activity, voluntarily provided information on personal characteristics of protected classes, professional or employment-related information, educational information of employees and applicants, sensory data and may draw inferences from this data.
Viterra may also collect “sensitive” Personal Information including social security numbers/government identification, immigration and nationality status, health information (as permitted or required by law), account usernames and passwords, or precise geolocation.
We collect, use, and disclose such sensitive personal information as necessary to provide the services reasonably expected by an average consumer who requests our services, such as using geolocation (with your consent) to identify the facility nearest you for a quote and using a government identification for employment authorization, and for other permissible business purposes under the CPRA.
We collect such data to develop and maintain our business relationship with farmers and producers, review job applications, conduct background checks, onboard employees and maintain an employment relationship, respond to inquires and requests, administer our business, comply with legal obligations, perform contractual obligations, enter into agreements, advertise our products and services, and facilitate online interactions. We do not “sell” or “share” your information for targeted advertising as defined by California law.
We will retain your information for no longer than is reasonably necessary for the purposes for which it was collected, to comply with a legal obligation, or establish, exercise, or defend a legal claim. For further details, please reference the provisions below.
Collection of Personal Information
In addition to the categories of information Company may collect that are stated in Company’s US & Mexico Privacy Policy, Company may collect information that identifies, relates to, describes, references, is reasonably capable of being associated with, or could reasonably be linked, directly or indirectly, with a particular consumer, household, or device ("Personal Information"). Personal Information does not include information that is publicly available or information that Company has de-identified or aggregated. Company may have collected the following categories of Personal Information from California residents:
•Various identifiers, including, name, address, online identifier, Internet Protocol address, email address, account name, or other similar identifiers.
•Personal information categories listed in the California Customer Records statute (Cal. Civ. Code § 1798.80(e)), including, telephone numbers or financial information.
•Commercial information, including, records of products or services purchased, obtained, or considered, or other purchasing or consuming histories or tendencies.
•Biometric information, including, behavioral characteristics, or activity patterns used to extract a template or other identifier or identifying information.
•Internet or other similar network activity, including, browsing history, search history, information on a consumer's interaction with a website, application, or advertisement, including internet protocol (IP) addresses, browser type, internet service provider (ISP), referring/exit pages, the files viewed on our Site (e.g., HTML pages, graphics, etc.), operating system, date/time stamp, and/or clickstream data in order to analyze trends in the aggregate and administer our Site.
•Non-precise geolocation data
•Sensory data, including, audio, electronic, visual, or similar information.
•Professional or employment-related information, including, current or past job history or performance evaluations.
•Educational information, including, transcript, student records, grades and performance, activities, school name or school ID.
•Inferences drawn from other personal information, including, profile reflecting a person's preferences, characteristics, predispositions, behavior, attitudes, intelligence, abilities, and aptitudes.
•Protected classification characteristics, including, race, color, national origin, marital status, sex, veteran or military status.
•Personal records, such as family history or power of attorney.
•Information received from a government entity or other third party.
Collection of Sensitive Personal Information
In addition to the categories of Personal Information Company may collect from you disclosed above, Company may collect the following categories of sensitive Personal Information:
- Social Security or other state identification number
- Account log-in in combination with required security or access code, password, or credentials allowing access to an account
- Citizenship or immigration status or union membership of employees
- Health information for employment purposes (as permitted or required by law)
- Precise geolocation, once you have been prompted and authorized use.
How We Collect Your Information
Company may collect the above categories of Personal Information (including sensitive Personal Information) directly from you (including when you inquire about employment opportunities, submit an application for employment with us, or otherwise engage with us in the context of a potential or actual employment relationship), from a third party when you consent to such third party’s sharing of your information with us, indirectly as you interact with our Site, from or through other third party sources, including Company’s customers, affiliates or service providers, or through email or other electronic messages between you and our Site.
How We Use Your Information
Company may use the categories of Personal Information (including sensitive Personal Information) set forth above for one or more of the purposes set forth in the section entitled “How We Use Your Information” in Company’s US & Mexico Privacy Policy,
In addition, we may use information that we collect about you or that you provide to us, including any Personal Information and sensitive Personal Information, for the following purposes:
- To recruit and evaluate job applicants and candidates for employment, including to conduct background checks.
- To, as applicable, manage your employment relationship with us, including for:
- onboarding processes;
- timekeeping, payroll, and expense report administration;
- employee benefits administration;
- employee training and development requirements;
- the creation, maintenance, and security of your online employee accounts;
- managing and monitoring employee access to Company facilities, equipment, and systems;
- conducting internal audits and workplace investigations;
- investigating and enforcing compliance with and potential breaches of Company policies and procedures;
- engaging in corporate transactions requiring review of employee records, such as for evaluating potential mergers and acquisitions of Company;
- performing workforce analytics, data analytics, and benchmarking;
- assessing employee job performance, including goals and performance reviews, promotions, discipline, and termination; and
- any other human resources purposes permitted under applicable law.
Retention of Your Information
We will retain your personal information, including sensitive personal information, for no longer than is reasonably necessary for the purpose(s) for which it was collected. In certain cases, personal information may be kept for an extended period of time in order to comply with a legal obligation, for the establishment, exercise or defense of a legal claim, or as otherwise permitted or required under applicable law, in accordance with CCPA.
Disclosure of Your Information
Company may have disclosed the categories of Personal Information set forth above for one or more of the purposes set forth in the section entitled “Disclosure of Your Information” in Company’s US & Mexico Privacy Policy, including disclosure to a service provider or other third party for a business purpose. Company will not collect additional categories of Personal Information or use the Personal Information we collected for materially different, unrelated, or incompatible purposes without providing you notice.
Company has not sold or shared and will not sell or share California residents’ Personal Information (including sensitive Personal Information), as such terms are defined under CCPA. Company does not use your personal information for cross-context behavioral advertising. Additionally, Company does not use California residents’ sensitive Personal Information for the purpose of inferring characteristics about California residents or for any other use not expressly permitted under the CCPA.
California Resident Rights
Subject to certain exceptions, California residents have the following rights regarding their Personal Information:
•Access to Personal Information and Data Portability Rights. The right to request that Company disclose certain Personal Information to you about Company’s collection, use, disclosure and sale of your Personal Information. Once Company receives and confirms your verifiable request, we may disclose to you pursuant to the terms of your request: the categories of Personal Information collected, the sources collected from, the purpose for collection, the categories of third parties shared with, and the specific pieces of Personal Information collected about you.
•Deletion Request Rights. The right to request Company delete any of your Personal Information we’ve collected from you and retained (subject to exceptions granted under law). Once we receive and confirm your verifiable request, we will delete your Personal Information records, unless an exception applies.
•Correction Request Rights. The right to request that Company correct your Personal Information that we’ve collected about you and retained. Once we receive and confirm your verifiable request, we will correct your Personal Information records.
•Right to Not be Discriminated Against. The right to not receive discriminatory treatment by Company for the exercise of the privacy rights conferred under California law. Company will not discriminate against a California resident for exercising any of his or her rights under applicable California law.
•Opt-Out of Cross-Contextual Behavioral Advertising. You may have the right to opt-out of any disclosure of your Personal Information with a third party for cross-contextual behavioral advertising purposes. To make such a request, please send an email to privacy-us@viterra.com.
•In addition to the rights under the CCPA, California's "Shine the Light" law (Civil Code Section § 1798.83) permits users of our Site that are California residents to request certain information regarding our disclosure of Personal Information to third parties for their direct marketing purposes. To make such a request, please send an email to privacy-us@viterra.com.
Exercising Your California Resident Rights
To exercise a request described above, a California resident may submit a verifiable consumer request to:
privacy-us@viterra.com or via our toll-free number: +1 (877) 346-1797
Only a California resident, or someone legally authorized to act on such California resident’s behalf, may make a verifiable consumer request related to his or her Personal Information. In connection with submitting a request, Company may require you to provide the following information: name, email, phone number and address. In general, Company has the right to require you to provide written permission granting authority to your representative and for your agent to verify its identity directly with us, and we may deny a request from your representative who does not submit proof of authorization as we request.
The verifiable consumer request must provide sufficient information that allows Company to reasonably verify the requestor is the person about whom we collected Personal Information or an authorized representative and describe the request with sufficient detail that allows us to properly understand, evaluate, and respond to it. Company may not be able to respond to a request or provide Personal Information if:
- we cannot verify the identity or authority to make the request;
- we reasonably determine that, as applicable, the contested Personal Information being requested to be corrected is more likely to be accurate based on the totality of the circumstances involved;
- we have, as applicable, denied your request to correct the same alleged inaccuracy in the Personal Information within the past six months;
- we have a good-faith, reasonable, and documented belief that the request is fraudulent or abusive, or
- we reasonably determine that compliance with the request would be impossible or involve a disproportionate effort.
Company will endeavor to confirm receipt of a request within 10 days following submission and provide information about how we will process the request. Company will endeavor to respond to a verifiable consumer request within 45 days of its receipt. If we require more time (up to an additional 45 days), we will provide notice in writing explaining the reason for the extended time period.
Making a verifiable consumer request does not require a California resident to create an account with us. We may deliver our written response through an account with Company (if you have one) or through mail or electronically, at your option.
If we deny a request, we will provide a response explaining the reasons we cannot comply with a request, if applicable.
Do-Not Track Signals
Do-Not-Track signals are certain consumer browser settings that request that a web application disable its tracking of an individual user. While our Site does not currently recognize Do-Not-Track signals, Company does not track activities that occur on websites other than our own and declining to accept cookies will ensure that online activities on our Site is not tracked.
Changes to This Privacy Addendum
This privacy addendum may change from time to time. It is our policy to post any changes we make to this privacy addendum on this page. If we make material changes to how we treat our California residents’ Personal Information, we will notify you through a notice on our Site’s home page. Your continued use of our Site after we make changes is deemed to be acceptance of those changes. The date this privacy addendum was last revised is identified at the top of the page. You are responsible for periodically visiting our Site and this privacy addendum to check for any changes.
Contact Information
To ask questions or comment about this privacy addendum and our privacy practices, contact us at: privacy-us@viterra.com.