Bushel Plus (which is the operating name of 7424401 Manitoba Ltd., and which, along with its affiliates, shall be referred to herein as “Bushel Plus”, “we”, “us” or “our”) is committed to protecting the privacy and the security of the personal information provided to us via the Bushel Plus mobile application (each or collectively, the “BP App”) or through day to day operation of Bushel Plus, while continuing to provide our registered customers (“Users”) services that include the following: (1) combine setting calculations, as well as (2) in some cases, recommendations based on same and other related information, and (3) accessible storage of, as well as meaningful analysis of and on-demand access to, important current and historical information relating to User’s harvesting equipment and grain, as well as other agricultural products that are or may be compatible with our products, and the fields, harvesting equipment, and inventories associated therewith (the “Purpose”). While we accept limited personal information regarding Users via the BP App, it is strictly limited to carrying out the Purpose, except as noted below, and any use of that information by Bushel Plus is limited to the Purpose and the other uses noted below. Bushel Plus will not sell, rent, lease, share or disclose any Users’ information, except as permitted by this Privacy Policy. All capitalized terms used herein shall have the meaning as defined herein, or if not defined, the meaning as set forth in the Bushel Plus Terms of Service.

This Privacy Policy is based on the following principles:

  • Consent: Bushel Plus shall obtain informed consent for the collection and use of Users’ data by Bushel Plus as described in this Privacy Policy. We will not collect or process any Users’ data until they have had an opportunity to read, and have accepted, this Privacy Policy.

  • Transparency and Accountability: Bushel Plus shall collect and process data solely as described in this Privacy Policy and shall provide to Users, though its Data Protection Officer (“DPO”):
    • Clear and timely information on what is collected and how it is used
    • Access, in portable format, to Users’ personal information when requested
    • Rights to Object (to our use), Rectify (incorrect information), and Delete (including to request restriction of certain uses)
    • Policies, including this Privacy Policy, to to ensure and to be able to demonstrate that processing is performed in accordance with this Policy and other legal requirements

  • Limited, Lawful, and Low-Risk:
    • Users’ information collected by Bushel Plus is limited to that needed to offer and carry out the Purposes, as agreed to between each User and Bushel Plus, and for meeting the legitimate interests of Bushel Plus and the Users in offering, providing, and receiving Bushel Plus services,
    • Users’ information that is collected relates primarily to Users’ farm/business information, information about the Bushel Plus product used by the User, and the (non-personal) data it collects, all of which is not sensitive data1 and therefore is of very low risk to implicate the rights and freedoms of any User
    • Bushel Plus does not:
      • use any new technologies are used for informational analysis of any personal information
      • do any automated decision-making that impacts any legal rights of any User and any decision-making is strictly required to carry out the Purposes
      • Monitor Users in any way
      • Transfer data to any third party, other than those referred to below, all of which we obtain consent in advance and are necessary for the Purposes
    • Bushel Plus uses a given User’s personal data only occasionally, that is when a request for information is made, or a non-routine communication is made

  • Security and Breaches:
    • Bushel Plus shall provide a reasonably secure means in which to store data, as well as to transfer data to Bushel Plus via the BP App
    • Bushel Plus shall notify the User and the relevant Authority in the EU in the event of any breach of security, or other unauthorized processing of any User’s personal information, that is likely to result in risk to that User’s rights and freedoms.

How We Collect User Information

When Users purchase a Bushel Plus product, they also purchase the right to access and use a BP App, which provides significant value to the use of the Bushel Plus products. Bushel Plus requires Users to consent to this Privacy Policy prior to (or in some cases concurrently with) registering for the BP App. Users, by virtue of this consent, as well as their continued use of any BP App, authorize Bushel Plus to collect, store and use any such data that comprises personal information in accordance with this Privacy Policy. Aside from the information that we request upon registration, we may also acquire operational information collected by the Bushel Plus products directly through the use of those products, or when Users upload information therefrom to the BP App in association with their account. Any such operational information, to the extent that it does not include personal information and this Privacy Policy does not apply, is subject to our data use policy set forth in our Terms and Conditions.

The Type of Information We May Collect

Bushel Plus collects the following personal information directly from Users upon registering for the BP App:

  • User Name 
  • User’s Farm or Business Address [not the app]
  • Serial # and purchase location of the Bushel Plus Product used by the User 
  • Email address of the User
  • Phone number

Bushel Plus products may also collect certain operational information during use of the products in fulfilling the Purposes. This may include agricultural product information, agricultural product harvesting information, time of harvesting, and field information, including for example, combine grain loss, and combine settings. This information may be collected automatically only when operational is input and saved by the User in the BP App, which, as of May 2020, it is not, although we reserve the right to do so after this date but in respect of which we will comply with this Privacy Policy and any applicable Terms and Conditions.

How We Use and Disclose Information

We will not sell, rent, lease, share or otherwise disclose information provided to us, except as permitted by this Privacy Policy (see exceptions for disclosure below). Users must consent to the following uses of their personal data:

  • Use by Bushel Plus in the Performance of Bushel Plus Services. On occasion, we may use specific personal information to fulfil the Purposes when, for example, we receive a request from a User to access information regarding their grain (or other agricultural product). Occasionally, we will also use this information to improve the quality of our products and services.

  • System Updates. Time-to-time send information regarding product updates or issues and to ensure contact information is up-to-date

  • Investigations and Protection. Bushel Plus may release User information when we believe it is appropriate or required in order to comply with the law; to investigate, prevent, or take action regarding illegal activities; to detect or investigate suspected fraud; in situations involving potential threats to the physical safety of any person or other similar exigent circumstances; to investigate or prevent violations of Bushel Plus’s Customer Agreements or non-payment, including applicable Bushel Plus Terms and Conditions, or to enforce provisions thereof; to comply with any other agreement that we may have entered into with you; or to protect the rights, property or safety of Bushel Plus and others. Bushel Plus may cooperate with and disclose information to any authority, government official or third party, without giving any notice, in connection with any investigation, proceeding or claim arising from an asserted illegal action or infringement.

  • Third-Party Service Providers. Bushel Plus engages other companies to perform the tasks indicated below on our behalf and may need to share some of your information with them to provide products and services to you. This is limited to storage and analysis of data through Google Cloud, and, if applicable, processing credit card payments.

  • Business Transfer. As we continue to develop our business, we may purchase other businesses or companies, be acquired by another entity, or merge or enter into a joint venture or other type of business combination with another entity, or sell all or substantially all of our assets to a third party. In such transactions, User information generally is one of the transferred business assets but remains subject to this Privacy Policy (unless the customer otherwise consents).

Bushel Plus owns the databases and all rights to our applications and software, and reserves the right to aggregate and analyze anonymized data for its own purposes.

​How We Use Cookies and Other Technologies 

Bushel Plus may use “cookies” and other similar technologies, such as pixel tags and web beacons, in our BP Apps or on our web page. These technologies help us better track and understand the effectiveness of our services, and generally carry out the Purpose. To the extent information is collected by cookies and/or other technologies includes personal information, it will be treated as such under this Privacy Policy. For example, to the extent that Internet Protocol (IP) addresses or similar identifiers are considered personal information by local law, we will also consider such information as personal information. 

For example, knowing a User’s location, language, and product usage history helps us provide a customized and more useful experience in our BP App or on our web page. We may also use cookies or other such technology, and information collected therefrom, to improve our services.

​How We Keep User Information Secure

The security of User personal information is important to us. We implement reasonable security measures to protect the security of your information both online and offline, and we are committed to the protection of User personal information. Only those individuals at Bushel Plus that have an obligation to maintain confidentiality may access User personal information.

When we handle User information on the Internet we encrypt the transmission of that information using secure socket layer technology (“SSL”). User information is encrypted for transmission and storage. Bushel Plus has redundant and distributed systems, and other system measures, that provide for ongoing confidentiality, integrity, availability and resilience.

However, no method of transmission over the Internet, or method of electronic storage, is 100% secure. Therefore, while we strive to use commercially acceptable means to protect User information, we cannot guarantee that unauthorized access, hacking, data loss or other breaches will never occur.

We will notify any User from whom we obtain information in the event of an unauthorized access or disclosure of such information that we believe will likely give rise to a risk to their rights and freedoms.

If you have any questions about how we strive to keep information secure, you can contact us at dpo@bushelplus.ca.

Storage and Transfer of Your Information

We may transfer, store and process Users’ personal information to or on computers or computer storage systems located in the United States, Europe, or Canada. In particular, we are a Canadian company and, accordingly, we may access that information therefrom, and we also use third-party cloud storage facilities for data storage. Accordingly, such information may be subject to the laws of those countries.

Canada was recognized as ensuring adequate level of protection for personal data. as See https://ec.europa.eu/info/law/law-topic/data-protection/data-transfers-outside-eu/adequacy-protection-personal-data-non-eu-countries_en.

Bushel Plus’s technical infrastructure relies on data centers and cloud service providers that are located outside of Europe, hosted in Google Cloud. The European Commission has concluded that the EU-U.S. Privacy Shield Framework provides an adequate mechanism to allow EU companies to comply with requirements under EU Data Protection Legislation in connection with the transfer of personal data from the European Union to the United States. Google LLC is certified under both the EU-U.S. and Swiss-U.S. Privacy Shield frameworks and our certifications can be viewed on the Privacy Shield list.

While there is no fixed period for storage of User’s data, we will remove User data upon any of the following:

  • A request for deletion from the User to our DPO
  • An objection from a User to our DPO in respect of which we believe deletion will be the sole option for resolution
  • Bushel Plus learns that any User data has been collected unlawfully
  • A request for deletion from any supervisory authority or legal authority (e.g. police, third-party having applicable court order) having sufficient legal authorization
  • Bushel Plus is made aware that User data should be deleted to ensure compliance with an applicable legal obligation.

Users’ Rights

Bushel Plus supports Users’ rights in the following ways:

  • Right to Access and Communication: Upon written request to our DPO having sufficient information to assist Bushel Plus in identifying the requested data, Users are entitled to a portable copy of the personal data stored by Bushel Plus relating to that user, the specific purposes for which it was collected and processed (if any), unless Bushel Plus is unable to fulfill the request, in which case it will provide a clear indication regarding such inability.

  • Right to Deletion, Rectification, and Restriction: Upon receipt of a written request of a User for any of deletion, rectification, or restriction to Bushel Plus via the DPO, provided such request includes sufficient information to assist Bushel Plus in identifying the data to which the request applies, as determined in Bushel Plus’s reasonable discretion, Bushel Plus will delete, rectify, or, to the extent possible, restrict specific uses of that requesting User’s personal information. Where restriction is not possible, the requesting User will have the option to request deletion of such User data.

  • Right to Object to Automated Decision Making and Profiling: On occasion, Bushel Plus may identify Users that share certain characteristics (such as location in a particular jurisdiction, use of a particular type of Bushel Plus product, similar grain analysis results, or other characteristics) to, for example, contact regarding the Bushel Plus services or other services or information that may be of interest to Users having the shared characteristic. Bushel Plus deems these uses to be necessary to carry out the services associated with the Purposes, and in respect of which Bushel Plus has agreed to provide. Users may object to this type of decision-making upon making a written request to the Bushel Plus DPO, provided such request includes sufficient information to assist Bushel Plus in identifying the data to which the request applies, as determined in Bushel Plus’s reasonable discretion.

  • Notification of Breaches. Bushel Plus shall notify the User in the event of any breach or unauthorized access to User data that results in risk to the User’s rights or freedoms. Bushel Plus will provide the following information: the existence and nature of such breach, our DPO, possible likely consequences, measures taken to address or, where possible, mitigate the breach.

Changes to this Privacy Policy

Our business practices change constantly and this Privacy Policy may change accordingly. We reserve the right to modify this Privacy Policy at any time. It is the responsibility of the User to ensure that they are aware of the contents of this Privacy Policy, so it should be reviewed periodically. We will make reasonable efforts to contact Users, using e-mail or posting to our BP Apps our notices and conditions and any changes thereto, but are not required to so, and so we recommend that check www.bushelplus.ca/privacy regularly. Unless stated otherwise, our current Privacy Policy applies to all User personal information that we have about Users’ use of Bushel Plus products and BP Apps.

Data Protection Officer (or “DPO”)

Bushel Plus encourages Users to contact the Bushel Plus Data Protection Officer (dpo@bushelplus) for issues, information, or policies relating to User personal information that is collected or processed by Bushel Plus. Furthermore, the User has the right to lodge a complaint about Bushel Plus’s data protection with an applicable supervisory authority with jurisdiction to receive such a complaint. We note that for European Users, there is no requirement for Bushel Plus to have a European representative (as Bushel Plus will only engage in occasional use of any specific User’s information, it does not collect any sensitive data as defined by Articles 9(1) of the European GDPR), however, the DPO will respond to all inquiries from European or other Users.

Questions and Concerns

This Privacy Policy, and any associated dispute, is subject to the laws of the Province of Manitoba and the federal laws of Canada applicable therein. If a User using a Bushel Plus product or BP App has any concerns about privacy concerning Bushel Plus, they may contact us at dpo@bushelplus.ca with a thorough description and we will try to resolve it.

​ Any questions about this Privacy Policy should be addressed to dpo@bushelplus.ca.

1 Bushel Plus does not collect any personal information described as a “special category” of data as referred to by Article 9(1) of the GDPR (European Data Protection Regulations). That is, personal data revealing racial or ethnic origin, political opinions, religious or philosophical beliefs, or trade union membership, and the processing of genetic data, biometric data for the purpose of uniquely identifying a natural person, data concerning health or data concerning a natural person’s sex life or sexual orientation.