Employee Privacy Policy

Introduction

At Agrium we are committed to maintaining the accuracy, confidentiality and security of your personal information. This Privacy Policy describes the personal information that Agrium collects from or about you, and how we use and to whom we disclose that information.

Application

Agrium is a family of companies with operations both inside and outside of Canada.

Agrium has adopted a series of Privacy Policies in order to address the specific privacy concerns of certain groupings of individuals and specific issues relating to the use of our website. This Privacy Policy applies to the personal information of all individuals who seek to be, are, or were employed by Agrium (collectively, an "employee"), unless the personal information is collected, used or disclosed while using the Agrium website. This personal information is dealt with in the Agrium "Website Privacy Statement".

If you are unsure of which Privacy Policy applies to you, please contact the office of our Privacy Officer for more information

Organizations Covered by this Policy

The Agrium family (“Agrium Family”) includes the parent company, Agrium Inc. and its affiliated entities, including a Canadian operating partnership known as "Agrium".

All references in this Privacy Policy to "Agrium", "we", "us", "our" and like terms should be interpreted accordingly.

Policy of Compliance

It is Agrium's policy to comply with the privacy legislation within each jurisdiction in which we operate.  Sometimes the privacy legislation and / or an individual's right to privacy are different from one jurisdiction to another.  This Privacy Policy was developed to guide the activities of Agrium. In addition, specific privacy practices may be adopted to address the specific privacy requirements of particular jurisdictions.

This Privacy Policy has a limited scope and application and the rights and obligations contained in this Privacy Policy may not be available to all individuals or in all jurisdictions. If you are unsure if or how this Privacy Policy applies to you, please contact the office of our Privacy Officer for more information.

What is Personal Information?

For the purposes of this Privacy Policy, personal information is any information about an identifiable and/or identified individual, other than the person's business title or business contact information when used or disclosed for the purpose of business communications. Personal information does not include anonymous or non-personal information (i.e., information that cannot be associated with or tracked back to a specific individual).

What Personal Information Do We Collect?

We collect and maintain different types of personal information in respect of those individuals who seek to be, are, or were employed by us, including the personal information contained in:

  • resumes and/or applications;
  • references and interview notes;
  • photographs and video;
  • letters of offer and acceptance of employment;
  • mandatory policy acknowledgement sign-off sheets;
  • payroll information; including but not limited to social insurance number, pay cheque deposit information, and GRRSP/ESP information;
  • wage and benefit information;
  • forms relating to the application for, or in respect of changes to, employee health and welfare benefits; including, short and long term disability, medical and dental care; and
  • beneficiary and emergency contact information.

In addition to the examples listed above, personal information also includes information such as name, home address, telephone, personal email address, date of birth, employee identification number and marital status, and any other information necessary to Agrium's business purposes, which is voluntarily disclosed in the course of an employee's application for and employment with Agrium.

As a general rule, Agrium collects personal information directly from you. If not otherwise required or permitted by law or regulatory requirements, where the personal information that we collect about you is held by a third party, we will obtain your permission before we seek out this information from such sources.

From time to time, we may utilize the services of third parties (including other members of the Agrium Family) in our business and may also receive personal information collected by those third parties in the course of the performance of their services for us or otherwise. Where this is the case, we will take all steps required by applicable law or regulatory requirements to ensure that such third parties have represented to us that they have the right to disclose your personal information to us and we will not use such personal information for any purpose other than the purposes described in this Privacy Policy.

Agrium will only collect, process or use personal information in as far as this is permitted or instructed by applicable law or regulatory requirements. Where permitted or required by applicable law or regulatory requirements, we may collect information about you without your knowledge or consent.

Why Do We Collect Personal Information?

The personal information collected is used and disclosed, as reasonably required for our business purposes, including establishing, managing or terminating your employment relationship with Agrium. Such uses include:

  • determining eligibility for initial employment, including the verification of references and qualifications;
  • administering pay and benefits;
  • processing employee work-related claims (e.g. worker compensation, insurance claims, etc.)
  • establishing training and/or development requirements;
  • conducting performance reviews and determining performance requirements;
  • assessing qualifications for a particular job or task;
  • gathering evidence for disciplinary action, or termination;
  • establishing a contact point in the event of an emergency (such as next of kin);
  • complying with applicable labour or employment statutes;
  • compiling directories;
  • ensuring the security of company-held information; and
  • such other purposes as are reasonably required by Agrium in connection with your employment

Monitoring

The work output of Agrium's employees, whether in paper record, computer files, or in any other storage format belongs to us under the conditions foreseen by applicable law, and - to the extent permitted by law - that work output, and the tools used to generate that work output, are subject to review and monitoring by Agrium.

In the course of conducting our business, we may – under the conditions accepted by applicable law and after having respected all compulsory procedures - monitor employee activities and our premises and property, for organizational and production-related needs and/or for safety at work needs. For example, some of our locations are equipped with surveillance cameras.  These cameras are generally in high risk areas or plant sites.  Where in use, surveillance cameras are there for the protection of employees and third parties, and to protect against theft, vandalism and damage to Agrium's goods and property. They do not aim at controlling the working activity of the individual employee. Generally, recorded images are routinely destroyed and not shared with third parties unless there is suspicion of a crime, in which case they may be turned over to the police or other appropriate government agency or authority.  If recorded, the images will be kept with a maximum of 1 month, except if law authorizes, expressly or explicitly, a longer period or prescribes a shorter period. Pursuant to our Acceptable Use of Computer Systems, Equipment, Infrastructure and Internet Systems Policy, we have the capability to monitor the employees' business use of computer and e-mail.

If imposed by the applicable law or regulatory requirements, we shall notify each employee the purposes of the surveillance, the duration of storing of information and categories of third parties to whom the information may be disclosed.

This section is not meant to suggest that all employees will in fact be monitored or their actions subject to constant surveillance. We have no duty to so monitor. It is meant to bring to your attention the fact that – in compliance with the applicable data protection laws - such monitoring may occur and may result in the collection of personal information from employees (e.g. through their use of our resources).  When using Agrium equipment or resources employees should only have a limited expectation of privacy with respect to their use of such equipment or resources.

How Do We Use Your Personal Information?

We may use your personal information:

  • for the purposes described in this Privacy Policy; or
  • for any additional purposes that we advise you of and where your consent is required by law we have obtained your consent in respect of the use or disclosure of your personal information.

We may use your personal information without your knowledge or consent where we are permitted or required by applicable law or regulatory requirements to do so.

When Do We Disclose Your Personal Information?

In consideration of local legislation, we may share your personal information with our employees, contractors, consultants and other parties (including other members of the Agrium Family) who require such information, if and to the extent necessary for them, to assist us with establishing, managing or terminating our employment relationship with you, including: parties that provide products or services to us or on our behalf and parties that collaborate with us in the provision of products or services to you.  In some instances, such parties may also provide certain information technology and data processing services to us so that we may operate our business. Personal information is only transferred by us to another country, including within the Agrium Family, if this is required or permitted under the applicable data protection law, in particular only in as far as a reasonable level of data protection is guaranteed in the recipient country. Insofar, we  may share personal information with such parties both in and outside of your home jurisdiction, and as result, your personal information may be collected, used, processed, stored or disclosed in Canada and in the United States of America, and in some cases, other countries. If imposed by the applicable law or regulatory requirements, the collecting, use, processing, storage or disclosing and transferring, will only take place after obtaining the required permission by the respective authorities.

When we share personal information with such parties we typically require that they only use or disclose such personal information in a manner consistent with the use and disclosure provisions of this Privacy Policy.

In addition, personal information may be disclosed or transferred to another party (including to another member of the Agrium Family outside of your home jurisdiction) in the event of a change in ownership of, or a grant of a security interest in, all or a part of Agrium through, for example, an asset or share sale, or some other form of business combination, merger or joint venture, to the extent such disclosure or transfer of personal information is required to complete the transaction and permitted by the applicable data protection laws, and provided that such party is bound by appropriate agreements or obligations and required to use or disclose your personal information in a manner consistent with the use and disclosure provisions of this Privacy Policy, unless you consent otherwise.

Further, your personal information may be disclosed:

  • as permitted or required by applicable law or regulatory requirements.  In such a case, we will endeavor to not disclose more personal information than is required under the circumstances;
  • to comply with valid legal processes such as search warrants, subpoenas or court orders;
  • as part of Agrium's regular reporting activities to other members of the Agrium Family (including outside of your home jurisdiction);
  • to protect the rights and property of Agrium;
  • during emergency situations or where necessary to protect the safety of a person or group of persons;
  • where the personal information is publicly available; or
  • with your consent where such consent is required by law.

We will only disclose personal information insofar as permitted or required by applicable law or regulatory requirements. In any case, we will not disclose more personal information than is required under the circumstances.

Notification and Consent

Save in respect of sensitive personal date, privacy laws do not generally require Agrium to obtain your consent for the collection, use or disclosure of personal information for the purpose of establishing, managing or terminating your employment relationship.  In addition, we may collect, use or disclose your personal information without your knowledge or consent where we are permitted or required by applicable law or regulatory requirements to do so.

We will only collect and process your sensitive personal data with your explicit consent or as otherwise permitted by law or regulatory requirements.  Sensitive personal data includes data in relation to health, medical and dental care and disability benefits.

To the extent that your consent is required, we will obtain a positive indication from you that you consent to Agrium collecting, using and disclosing your personal information for the purposes stated above (including any other purposes stated or reasonably implied at the time such personal information was provided to us).

Where your consent was required for our collection, use or disclosure of your personal information, you may, at any time, withdraw your consent.  All communications with respect to such withdrawal or variation of consent should be in writing.

How is Your Personal Information Protected?

Agrium will maintain physical, technical and procedural safeguards that are appropriate to the sensitivity of the personal information in question. These safeguards are designed to protect your personal information from loss and unauthorized access, copying, use, modification or disclosure.

How Long is Your Personal Information Retained?

Except as otherwise permitted or required by applicable law or regulatory requirements, Agrium endeavors to retain your personal information only for as long as it believes is necessary to fulfill the purposes for which the personal information was collected (including, for the purpose of meeting any legal, accounting or other reporting requirements or obligations), with a maximum of 1 year after the termination of your employment with Agrium, except if law authorizes, expressly or explicitly, a longer period or prescribes a shorter period. If destroying or erasing your personal information is not mandatory by law, we may make it anonymous such that it cannot be associated with or tracked back to you.

Updating Your Personal Information

It is important that the information contained in our records is both accurate and current.  If your personal information happens to change during the course of your employment, please keep us informed of such changes.

Access to Your Personal Information

You can ask to see the personal information that we hold about you.  If you want to review, verify or correct your personal information, please contact the office of our Privacy Officer using the contact information set out below. Please note that any such communication must be in writing.

When requesting access to your personal information, please note that we may request specific information from you to enable us to confirm your identity and right to access, as well as to search for and provide you with the personal information that we hold about you. Except if forbidden by the applicable law or regulatory requirements, we may charge you a fee to access your personal information; however, we will advise you of any fee in advance.  If you require assistance in preparing your request, please contact the office of our Privacy Officer.

Your right to access the personal information that we hold about you is, in principle, absolute.  However, there are instances where applicable law or regulatory requirements allow or require us to refuse to provide some or all of the personal information that we hold about you. In case, your personal information has been destroyed, erased or made anonymous in accordance with our record retention obligations and practices, your right to access your personal information may be restrained.

In the event that we cannot provide you with access to your personal information, we will endeavour to inform you of the reasons why, subject to any legal or regulatory restrictions.

Inquiries or Concerns?

If you have any questions about this Privacy Policy or concerns about how we manage your personal information, please contact the office of our Privacy Officer or your local Privacy Officer by telephone, in writing or by e-mail.  We will endeavor to answer your questions and advise you of any steps taken to address the issues raised by you. If you are unsatisfied with our response, you may be entitled to make a written submission to the Privacy Commissioner applicable for your jurisdiction.

Privacy Officer

We have appointed a Privacy Officer to oversee compliance with this Privacy Policy. The contact information for our Privacy Officer is as follows:

(403) 225-7542 Direct
1-877-247-4866 Toll Free
privacyofficer@agrium.com

Revisions to this Privacy Policy

Agrium may from time to time make changes to this Privacy Policy to reflect changes in its legal or regulatory obligations or in the manner in which we deal with your personal information.  We will communicate any revised version of this Privacy Policy.  Any changes to this Privacy Policy will be effective from the time they are communicated, provided that any change that relates to why we collect, use or disclose your personal information will not apply to you, where your consent is required to such collection, use or disclosure, until we have obtained your consent to such change.  This Privacy Policy was last reviewed on June 1, 2015.

Interpretation of this Privacy Policy

Any interpretation associated with this Privacy Policy will be made by the Privacy Officer.  This Privacy Policy includes examples but is not intended to be restricted in its application to such examples, therefore where the word 'including' is used, it shall mean 'including without limitation.

This Privacy Policy does not create or confer upon any individual any rights, or impose upon Agrium any rights or obligations outside of, or in addition to, any rights or obligations imposed by the privacy laws applicable to such individual's personal information. Should there be, in a specific case, any inconsistency between this Privacy Policy and such privacy laws, this Privacy Policy shall be interpreted, in respect of that case, to give effect to, and comply with, such privacy laws.