Privacy Policy

1. WHO ARE WE AND HOW CAN YOU CONTACT US?

Any reference to “BioBest”, “we” or “us” in this Privacy Policy refers to BIOBEST GROUP NV, with registered office at Ilse Velden 18, 2260 Westerlo, Belgium, and with company number 0893.948.337.

In case of questions or comments regarding this Privacy Policy or the processing of your personal data by us, please contact us at privacy@BioBestgroup.com or by telephone at +32 14 25 79 80.

2. DEFINITIONS

• Affiliate: any entity which directly or indirectly controls, is controlled by, or is under direct or indirect common control with Us. An entity has “control” when it possesses, directly or indirectly, the power to direct management through the ownership of more than 50% of its voting or equity securities, contract, voting trust or otherwise.
• BioBest Software: the Crop-Scanner software platform and/or the software applications, of which the functionalities are described in their Users Guides available via the Crop-scanner web app licensed by Biobest to the Licensee in accordance with the License Agreement.
• Controller: a natural or legal person, public authority, agency or other body which, alone or jointly with others, determines the purposes and means of the Processing of Personal Data.
• Distributor: a BioBest Affiliate or a BioBest distributor having been granted the right by BioBest to sublicense the BioBest Software to the Licensee subject to the terms of a software distribution agreement.
• Ecoation: Ecoation Innovative Solutions Inc., a corporation having its principal place of business at 200 West Esplanade Ave., Unit 500, North Vancouver, British Columbia V7M 1A4, Canada.
• Embedded Software: software owned by a third party which is integrated by BioBest or that third party in the BioBest Software and is sublicensed by BioBest to the Licensee according to the conditions of the License Agreement.
• License Agreement: the license agreement in relation to the BioBest Software accepted by the Licensee which applies to any use of the BioBest Software by or on behalf of the Licensee.
• Joint Controller: a Controller which jointly with Us, determines the purposes and means of the Processing of Personal Data.
• Personal Data: any information relating to an identified or identifiable natural person; an identifiable natural person is one who can be identified, directly or indirectly, in particular by reference to an identifier such as a name, an identification number, location data, an online identifier or to one or more factors specific to the physical, physiological, genetic, mental, economic, cultural or social identity of that individual.
• Processing, Processed and Process: any operation or set of operations which is performed on Personal Data or on sets of Personal Data, whether or not by automated means, such as collection, recording, organization, structuring, storage, adaptation, alteration, retrieval, consultation, use, disclosure by transmission, dissemination or otherwise making available, alignment, combination, restriction, erasure or destruction.
• Processor: the natural or legal person, public authority, agency or other body which Processes Personal Data on behalf of the Controller.
• Licensee: any legal person or entity who has the right to use the BioBest Software in accordance with the License Agreement.
• Licensor: any natural or legal person granting BioBest, or our Affiliates, rights to Embedded Software.
• You: any natural person which lawfully uses the BioBest Software.

3. TO WHOM DOES THIS PRIVACY POLICY APPLY?

This Privacy Policy applies to You, the Processing of your Personal Data by us and your use of the BioBest Software on behalf and for the account of the Licensee.

4. WHAT PERSONAL DATA DO WE PROCESS?

We collect and process different types of Personal Data according to the purposes of Processing. If Biobest processes your personal data, this may involve the following information:

• Personal identification data (name, surname, e-mail address, telephone number);
• Account information (user ID, password);
• Geographical info (location);
• Professional information (current employer);
• Technical identifiers (IP-address, type of browser used, device info like operating system and version);
• Platform usage (time and date of access, features used, actions taken while using the platform);

Below, we will indicate which Personal Data we Process for which Data Processing Activity.

5. CONTROLLER, JOINT CONTROLLER AND PROCESSOR

Depending on the specific processing activity carried out by Biobest, Biobest may be considered either Controller or Processor under the applicable data protection legislation.

BioBest is Controller for the following processing activities:

• Improvement of the BioBest Software and its user experience
• Enhancing the quality of technical advice provided by Processor’s technical advisors to Licensee
• Informing Users about updates and new features or services on the BioBbest Software Platform
• Compliance with legal obligations BioBest is subject to
• Management of customer relationships, answering Your questions, providing information and enabling communication with You

BioBest is Processor for the following processing activities:

• Creation and management of a User account
• Provision of reporting and analysis services regarding biological control and integrated pest management
• Provision of support services regarding the BioBest Software
• Provision of biological control and pest management advice

BioBest offers the BioBest Software in cooperation with Ecoation. For certain processing activities, Ecoation is considered a sub-processor for BioBest and shall Process your Personal Data only on detailed instructions received from BioBest as per the Licensee’s preferences and requests.

However, Ecoation may also Process statistical and analytical information about your use of the BioBest Software for the purpose of quality assurance, research and development of the Biobest Software and for other legitimate business purposes. Biobest and Ecoation should be regarded as Joint Controllers with regards to such Processing activities and have concluded a joint controller agreement that sets out their respective responsibilities for complying with the applicable data protection legislation. We are happy to make the principal contents of this agreement available on request. Such agreement shall not adversely affect our liability towards You.

6. FOR WHAT PURPOSES DO WE PROCESS YOUR PERSONAL DATA, FOR WHAT TERM AND ON WHICH LEGAL BASIS AS A CONTROLLER?

a. General

This section describes the purposes for which we process your Personal Data in our capacity of Controller.

This depends on the functionalities and features that are offered via the BioBest Software, your effective use thereof and what Personal Data You wish to share via the BioBest Software. Please note that our Software and services may evolve and more functionalities may be added from time to time. In that case, this list may also evolve and will be updated where necessary.

b. Processing Activities as a Controller

Purpose of processing	Category of Personal Data	Legal Basis	Retention period
Improving the quality and user experience of the BioBest Software and the quality of the technical support	Technical identifiers, Software usage	Legitimate interests	As long as necessary for the legitimate interests of Biobest. Technical information is in any case deleted or pseudonymized [Will retain when the app & platform is not used anymore after one year after collection. For information about the retention period of personal data processed through cookies, we refer to our cookie policy.
Enhancing the quality of technical advice provided by Processor’s technical advisors to Licensee	Personal identification data, Geographical info, Professional information, Technical identifiers, Software usage	Legitimate interests	As long as necessary for the legitimate interests of Biobest. Technical information is in any case deleted or pseudonymized will retain when the app & platform is not used anymore after one year [(X) days/weeks/months] after collection. For information about the retention period of personal data processed through cookies, we refer to our cookie policy.
Informing Users about updates and new features or services on the Biobest Software	Personal identification data	Performance of agreement, Legitimate interests	As long as necessary for the performance of the agreement between BioBest and Licensee or for the legitimate interests of BioBest.
Compliance with our legal obligations	Personal identification data, Any additional information You share with us in connection with a question, complaint or dispute, Other personal data (this depends on the legal obligation involved)	Legal obligation	For 10 years after the expiration or termination of the contractual relationship between Biobest and Licensee; or As long as required by law.
Management of customer relationships, answering your questions, providing information and enabling communication with You	Personal identification data, Any additional information You share with us in connection with a question, complaint or dispute	Performance of agreement, Legitimate interests	As long as necessary for the performance of the agreement between BioBest and Licensee or for the legitimate interests of BioBest.

More information about the specific retention periods is available at simple request.

7. FOR WHAT PURPOSE DO WE PROCESS PERSONAL DATA, FOR WHAT TERM AND ON WHICH LEGAL BASIS AS A PROCESSOR?

a. General

This section describes for which purposes we process your Personal Data via our BioBest Software in the capacity of Processor based on the instructions of the Licensee.

This depends on the functionalities and features that are offered via the BioBest Software, your effective use thereof and what Personal Data you wish to share via the BioBest Software. Please note that our Platform and services may evolve and more functionalities may be added from time to time. In that case, this list may also evolve and will be updated where necessary.

IMPORTANT: BioBest expressly emphasizes that for the processing activities listed below it is not considered a Controller, but rather a Processor. BioBest Processes the Personal Data on behalf of the Licensee, who is the Controller and who must comply with the corresponding obligations under the applicable data protection legislation. The overview below is merely for information purposes.

IMPORTANT: We will not process information about your use of the Biobest Software Platform to draw conclusions about You personally. If Licensee uses the reporting capabilities of the Biobest Software Platform to monitor and evaluate You as an employee, then the Licensee should inform You about this in its internal privacy policy.

b. Processing Activities as a Processor

Purpose of data processing	Category of Personal Data	Legal Basis	Retention Period
Creation and management of a User account. If Licensee is allowed under the License Agreement to create multiple accounts for its employees, we receive your Personal Data from the Licensee (your employer).	Personal identification details, Account information, Professional information	Legitimate interests of Licensee	Biobest retains this data for 1 month after the termination of the agreement between Licensee and You was notified to Biobest.
Reporting and analysis regarding biological control and integrated pest management	Personal identification data, Geographical info, Platform usage	Legitimate interests of Licensee	Biobest retains this data for 1 month after the termination of the agreement between Licensee and You was notified to Biobest.
Provision of biological control and pest management advice by us or our Distributors	Personal identification data, Platform usage	Legitimate interests of Licensee	Biobest retains this data for 1 month after the termination of the agreement between Licensee and You was notified to Biobest.
Provision of support services regarding the BioBest Software	Personal identification data, Account information, Platform usage, Any additional information you share with us in connection with a request for support	Legitimate interests of Licensee	Biobest retains this data for 1 month after the termination of the agreement between Licensee and You was notified to Biobest.

8. COMPATIBLE PROCESSING

We reserve the right to further Process your Personal Data for purposes other than that for which the Personal Data have been collected. When doing so, We shall ascertain whether Processing for those purposes is compatible with the purpose for which the Personal Data are initially collected, and take into account, inter alia:

• Any link between the purposes for which the Personal Data have been collected and the purposes of the intended further Processing;
• The context in which your Personal Data have been collected, in particular regarding the relationship between You and Us;
• The nature of the Personal Data;
• The possible consequences of the intended further Processing for You; and
• The existence of appropriate safeguards, which may include encryption or pseudonymisation.

If we believe such further Processing is incompatible with the initial Processing, we shall not Process your Personal Data for those incompatible purposes without obtaining your prior consent.

9. PROCESSING PERSONAL DATA FROM CHILDREN

The BioBest Software is not intended for children under 16 years of age. If You are below the age of 16, please ensure the use of our platform is consented to by your parents or your legal guardian.

10. WITH WHOM DO WE SHARE YOUR PERSONAL DATA?

To fulfil the purposes described in sections 6 and 7 above, it is sometimes necessary for us to share your Personal Data with the following third parties:

• With the Licensee (your employer) and any third parties (including but not limited to external advisors) with whom your employer shares your Personal Data;
• With Ecoation for the purposes described above;
• With BioBest’s Distributors for the purposes described above;
• With BioBest’s and Ecoation’s (sub-)processors such as consultants or tool vendors (e.g. CRM system, mailing tool). Such (sub-)processors always act under our/Ecoation’s responsibility. They are obligated to Process your Personal Data in accordance with BioBest’s and Ecoation’s instructions and are subject to a written agreement in that regard;
• Where BioBest is obliged to do so in the context of a regulation or legal procedure;
• Where BioBest is requested to do so by legislative or judicial authorities; and
• In the event the operations of BioBest or Ecoation are taken over in whole or in part by a third party. In that case, BioBest will impose on the third party the obligation to Process the Personal Data only in accordance with the provisions of this Privacy Policy.

Upon request, we will inform you about the third parties with whom your Personal Data has been shared by providing You with a more detailed list.

11. INTERNATIONAL TRANSFERS OF PERSONAL DATA TO COUNTRIES OUTSIDE OF THE EEA

In principle, we do not transfer your Personal Data to third countries outside the European Economic Area ("EEA") unless you are located outside the EEA and use our Platform, systems and services from outside the EEA. We may also, through our Processors or sub-processors, transfer your Personal Data to countries outside the EEA. In this case, we will only transfer your personal data outside the EEA in accordance with applicable data protection legislation and subject to appropriate safeguards.

Please contact us if you would like more information on the specific mechanisms we use when transferring Personal Data to countries outside the EEA.

12. SECURITY OF YOUR PERSONAL DATA

BioBest recognises that the security of Personal Data is part of data protection. Therefore, BioBest takes appropriate technical and organisational measures to protect your Personal Data in accordance with the applicable data protection legislation, in particular against unauthorised Processing or unauthorized access in order to prevent misuse.

Please contact us if You would like more information about the specific measures taken.

Despite the measures we take, You should be aware that there are always risks involved in transmitting Personal Data over the Internet. The security and protection of your Personal Data can never be fully guaranteed, nor can we guarantee that unauthorized third parties will never be able to circumvent these measures or use your Personal Data for unauthorized purposes.

13. USE OF THE APP-STORE

When You download and install the BioBest Software, the operator of the store (Appstore or Playstore) collects, in accordance with its license agreement, anonymized or partially anonymized Personal Data to provide statistics on the number of installations. The collection of such Personal Data is not carried out by BioBest and only in a statistical, non-identified / identifiable form. No conclusion which affects You shall be taken on the basis of this Personal Data. You can also find out about this under the corresponding license agreement of your store operator:

• For Appstore: https://www.apple.com/legal/internet-services/itunes/dev/stdeula/
• For Playstore: https://play.google.com/intl/en_us/about/play-terms.html

14. COOKIES

The Biobest Software Platform uses cookies to compile statistical reports about the visitor behaviour on the platform. For more information we refer to our cookie policy which is available at https://www.crop-scanner.com/cookie-policy.html

15. WHAT ARE YOUR RIGHTS AND HOW CAN YOU EXERCISE THEM?

a. What Are your Rights?

Within the limits of applicable data protection legislation, You have the following rights:

• Right of access: You can ask us free of charge which Personal Data we Process about You, for which purposes we Process these, which categories of Personal Data we Process, with whom we share your Personal Data and the origin of the Processed data. You also have the right to obtain a copy of this information.
• Right to rectification: If information is incorrect or incomplete, You can ask us to correct it or supplement it. We request that You keep your personal information accurate and up-to-date at all times and notify us of any changes.
• Right to delete your Personal Data: Except in case of any legal obligations, such as but not limited to anti-money laundering legislation and legally obliged retention periods, You have the right in certain specific situations to have us delete your Personal Data, for example if Personal Data is not Processed lawfully or if your Personal Data is no longer necessary for the purpose for which it was collected.
• Right to restrict Processing: By restricting the Processing of your Personal Data, your Personal Data can still be kept but its use is limited. When You have requested a Processing restriction, we may only store your Personal Data. This means that no other transactions can take place with your Personal Data.
• Right to object: You have the right to object to the fact that your Personal Data is Processed if that Processing is based on a general interest or the legitimate interest of the person Processing your data. Moreover, You can also exercise this right of objection if your Personal Data is Processed for direct marketing purposes.
• The right to withdraw consent: If the Processing of Personal Data is based on prior consent, You have the right to withdraw this consent at any time. The Personal Data can still be Processed if we have another legal basis for doing so. This right also includes your absolute right to object to the Processing of Personal Data for direct marketing purposes.
• The right to data portability: You have the right to obtain the Personal Data provided by You in a standard, structured and machine-readable form and You have the right to transfer these Personal Data to another Controller if the Processing is based on the legal grounds of consent or contractual relationship.
• The right to not be subject to automated decision-making and profiling: We confirm that the Processing of your Personal Data does not involve profiling and that you will not be subject to fully automated decision-making.

b. How Can You Exercise your Rights?

You can exercise your rights by sending an e-mail to privacy@biobestgroup.com. In order to prevent any unauthorised disclosure of your Personal Data, BioBest may request more information to verify Your identity.

BioBest has, in principle, one month to answer your request. This period will begin when BioBest has received your request and has all the necessary information to fulfil your request. The period of one month can be extended after a notification and explanation of BioBest.

In principle, BioBest will provide the requested information free of charge. If requests are unfounded or excessive, in particular because of their repetitive nature, BioBest may charge your Licensee reasonable fees or BioBest may refuse the request.

If for any reason You assume that BioBest did not handle your request correctly, You may contact BioBest again and We will work with You to find a solution.

16. RIGHT TO FILE A COMPLAINT WITH THE RESPONSIBLE DATA PROTECTION AUTHORITY

For the sake of completeness, we inform You that if BioBest does not respond to your request, refuses it or if our response does not meet your expectations, You always have the right to file a complaint with your data protection authority in your jurisdiction.

However, we would welcome the opportunity to resolve your concerns before you turn to the data protection authority. We therefore kindly ask you to contact us in first instance.

Please see below for the contact information of the privacy commissioners of each province and territory:

Province/Territory	Contact Information
Alberta	Office of the Information and Privacy Commissioner (Edmonton) #410, 9925 - 109 Street Edmonton, Alberta T5K 2J8 Phone: 780-422-6860 Toll Free: 1-888-878-4044 Fax: 780-422-5682 Office of the Information and Privacy Commissioner (Calgary) Suite 2460, 801 6 Avenue SW Calgary, Alberta T2P 3W2 Phone: 403-297-2728 Toll Free: 1-888-878-4044 Fax: 403-297-2711
Belgium	Belgian Data Protection Authority Drukpersstraat 35, 1000 Brussels, Belgium Phone: +32 (0)2 274 48 00 Email: contact@apd-gba.be
British Columbia	Office of the Information and Privacy Commissioner for British Columbia PO Box 9038 Stn. Prov. Govt. Victoria, B.C. V8W 9A4 Phone (within Victoria): (250) 387-5629 Phone (outside Victoria): (250) 387-5629 Fax: (250) 387-1696 Email: info@oipc.bc.ca
Manitoba	Office of the Ombudsman 750 - 500 Portage Avenue (Colony Square) Winnipeg, MB R3C 3X1 Phone: (204) 982-9130 Phone: 1-800-665-0531 (toll-free) Fax: (204) 942-7803 Email (general office): ombudsman@ombudsman.mb.ca
New Brunswick	Office of the Ombud for New Brunswick – Access to Information and Privacy Division 65 Regent Street, Suite 230 Fredericton, N.B. E3B 7H8 Phone: (506) 453-5965 Toll-free: 1-877-755-2811 Fax: (506) 453-5963 Email: aip-aivp@gnb.ca
Newfoundland and Labrador	Office of the Information and Privacy Commissioner for Newfoundland and Labrador Sir Brian Dunfield Building 3rd Floor, 2 Canada Drive P.O. Box 13004, Station "A" St. John’s, NL A1B 3V8 Phone: (709) 729-6309 Fax: (709) 729-6500 Toll Free in Newfoundland and Labrador: 1-877-729-6309 Email: commissioner@oipc.nl.ca
Northwest Territories	Office of the Information and Privacy Commissioner for Northwest Territories 1st floor of the Arthur Laing Building, 5003 – 49th Street P.O. Box 382 Yellowknife, NT, X1A 2N3 Phone: 1-867-669-0976 Toll Free: 1-888-521-7088 Fax: 1-867-920-2511 Email: admin@atipp-nt.ca
Nova Scotia	Office of the Information and Privacy Commissioner for Nova Scotia 502-5657 Spring Garden Road P.O. Box 181 Halifax, NS B3J 2M4 Phone: (902) 424-4684 No Charge-Dial: 1-866-243-1564 Fax: (902) 424-8303
Nunavut	Office of the Information and Privacy Commissioner PO Box 1000, Station #270 607 Queen Elizabeth II Way Iqaluit, Nunavut, X0A 0H0 Phone: (867) 979-3081 Email: admin@atipp-nu.ca
Ontario	Information and Privacy Commissioner of Ontario 2 Bloor Street East, Suite 1400 Toronto, ON M4W 1A8 Email: info@ipc.on.ca Toronto Area: 416-326-3333 Long distance: 1-800-387-0073 TDD/TTY: 416-325-7539 Fax: 416-325-9195
Prince Edward Island	Office of the Information and Privacy Commissioner J. Angus MacLean Building 180 Richmond Street, 2nd floor P.O. Box 2000 Charlottetown, PEI C1A 7N8 Phone: 902-368-4099 Fax: 902-368-5947 Email: InfoPrivacy@assembly.pe.ca
Quebec	Québec Bureau 2.36 525, boulevard René-Lévesque Est Québec (Québec) G1R 5S9 Téléphone: 418 528-7741 Télécopieur: 418 529-3102 Montréal Bureau 900 2045, rue Stanley Montréal (Québec) H3A 2V4 Téléphone: 514 873-4196 Télécopieur: 514 844-6170 Sans frais: 1 888 528-7741 Courriel: cai.communications@cai.gouv.qc.ca
Saskatchewan	Saskatchewan Information and Privacy Commissioner 503 – 1801 Hamilton Street Regina SK S4P 4B4 Phone: 306-787-8350 Toll Free phone (within Saskatchewan): 1-877-748-2298 Fax: 306-798-1603 Email: webmaster@oipc.sk.ca
Yukon	Office of the Ombudsman, Information and Privacy Commissioner & Public Interest Disclosure Commissioner 3162 Third Avenue, Main Floor Whitehorse, Yukon Y1A 1G3 General inquiries: Email: info@yukonombudsman.ca Phone: 867-667-8468 Toll free in Yukon: 1-800-661-0408 (ext. 8468) Submit a complaint or request for review (access request) form: Email: intake@yukonombudsman.ca Phone: 867-667-8468 Toll free in Yukon: 1-800-661-0408 (ext. 8468) *Email is not a secure method of communication. Email containing personal information should not be sent to our office unless sent securely. If you wish to send us a completed form or other personal details, you can request a Secure File Transfer link from our office.

17. EMBEDDED SOFTWARE

Our website, platform and systems may contain links to Embedded Software, third-party applications and websites (such as payment providers). If You would be redirected to another website, platform or application through our website, platform and systems, different terms and conditions, privacy and cookie statements may apply. BioBest is not responsible for the content of these applications and websites and is not responsible for the privacy standards and practices of that third party. We encourage You to read the relevant privacy statement of these third parties before accepting their cookies and accessing their applications and/or websites to assure yourself that your Personal Data is adequately protected.

18. LIABILITY

If we have lawfully transferred your Personal Data to a third party (which is not a (sub-)Processor of ours), we are not liable for any unlawful processing or unlawful use by that third party.

In any case, BioBest will only be liable for the damage caused by the processing of Personal Data if it did not comply with the specific obligations of the applicable Data Protection Legislation. In no event shall BioBest be liable for any special, incidental, indirect or consequential damages or losses.

19. CHANGES TO THIS PRIVACY POLICY

We may change this Privacy Policy at any time. Any changes we make to this Policy will be announced on our platform or notified otherwise. The date of the most recent version is visible at the top and bottom. Please review this Privacy Policy periodically to be aware of changes that may affect You.

Amended versions of this Privacy Policy will take effect seven (7) days after its announcement on the platform or its notification, and if necessary, will be submitted for approval. If changes are necessary to comply with a legal requirement, such changes will take effect immediately.