Ag Data Use Agreement

1. THE INFORMATION THE COMPANY COLLECTS

1.1 Ag Data

When using the Services, the following types of information may be collected (collectively, "Ag Data"):

Agronomic Data. This includes crop and field information such as bee placement scheduling, field task records, pollination coordination data, spray event timestamps used to calculate re-entry windows, field status entries, and photos and notes attached to field records. PollinLink does not collect chemical product names, application rates, or applicator identity.
Land Data. This includes field boundaries, geospatial information, field locations, mapping data, and field-level notes or annotations relating to specific land areas within the platform.
Farm Management Data. This includes scheduling records, task assignments, coordination workflows, organizational role assignments, and operational communications exchanged between authorized users within an organization.

The following data categories defined in the ADT standard are not collected by PollinLink and do not form part of this Agreement: Machine Data, Weather Data, and Livestock Data.

1.2 Personal Information

Ag Data is generally not considered personal information. However, in some circumstances, Ag Data may include personal information, such as where a user’s name is associated with a field record or task entry. The collection and protection of personal information is governed by the Company’s Privacy Policy and applicable Canadian privacy law, including PIPA (Alberta) and PIPEDA.

1.3 Usage Data

The Company may collect information about how and when you use the Services, such as device type, operating system, browser type, time of day, frequency, and time spent using the Services. Usage data is not considered Ag Data and is governed by the Privacy Policy.

2. OWNERSHIP

2.1 Ag Data

As between you and the Company, you are the owner of Ag Data that originates from your organization, your fields, or your operations. Ownership gives you the right to access, share, download, and delete your Ag Data as described in this Agreement.

2.2 Derived Data

The Company is the owner of any Derived Data. "Derived Data" means data that has been created, generated, or inferred from original Ag Data sources, but does not include the original Ag Data itself.

2.3 Aggregated Data

The Company is the owner of Aggregated Data. "Aggregated Data" is created when the Company anonymizes and aggregates your Ag Data with data from other users to create collective datasets. Aggregated Data does not contain your personal information. Any Aggregated Data made accessible to others will be provided in datasets large enough to prevent identification of you or your organization.

You have the option to opt out of Aggregated Data sharing at any time by contacting support@pollinlink.com. Aggregated Data sets created prior to opting out cannot be deleted. If you opt out, certain platform features that rely on aggregated benchmarking or reporting may be limited.

3. YOUR RESPONSIBILITIES

You shall not allow any unauthorized person to access your login information, password, account, or Ag Data. You are responsible for any data loss or other damage that occurs to the Company and other users of the Services due to unauthorized access to your account. You shall not upload data to the Company’s servers unless you own the data or are authorized to do so. You shall indemnify the Company from any claims that someone else owns the Ag Data you uploaded, or that was uploaded using your login information.

If you want the Company to cease using your Ag Data upon termination of your account, you should request deletion of your Ag Data within ninety (90) days following termination. After that period, the Company may assume you have abandoned all ownership claims in that Ag Data. Once abandoned, the Company may delete your Ag Data or anonymize and aggregate it according to this Agreement.

4.1 License Granted to the Company for Internal Use

In order to provide the Services, you grant the Company a limited license to use your Ag Data as provided in this section. You give your consent to the Company to:

Clean your Ag Data by removing perceived errors and omissions to improve accuracy.
Store your Ag Data on servers owned, leased, or under the control of the Company, located in Canada.
Share your Ag Data with third parties as authorized in Section 5.
Use your Ag Data to provide the Services to you, including field scheduling, coordination, chemical safety notifications, and role-based communications.
Use Ag Data to create Derived Data.
Combine your Ag Data with data from other users to create Aggregated Data, subject to your opt-out rights in Section 2.3.

4.2 Restrictions on Company Use

The Company shall only use Ag Data as permitted in this Agreement. The Company shall not sublicense your Ag Data without your consent. The Company shall not sell Aggregated Data to third parties. The licenses granted above shall not circumvent the privacy protections in this Agreement or the Privacy Policy.

The Company does not use your Ag Data to train artificial intelligence or machine learning models. Any future use of Ag Data for AI model training would require an update to this Agreement, prior notice to you, and your consent.

4.3 Use of Third Parties to Process Data

To the extent the Company engages third-party subcontractors to perform data processing or analysis on your Ag Data, these subcontractors do not have an independent license to your Ag Data and must abide by this Agreement at all times. The Company is responsible for ensuring its subcontractors meet these obligations.

The Company’s Services provide you with the opportunity to share your Ag Data with certain third parties outside the Company. The Company will obtain your consent before sharing your Ag Data with any of the following third-party types. The Company is not responsible to you for what a third party does with your Ag Data after you provide your consent to share with that third party.

5.1 Trusted Advisors

You have the option of granting "Trusted Advisors" access to view, interact with, and receive relevant data from your account. Trusted Advisors are individuals or organizations you permit to access your Ag Data within the platform. Examples of Trusted Advisors include agronomists, crop consultants, roguing crew coordinators, spray operators, seed company representatives, and others designated by you.

Trusted Advisors must obtain a Company account and agree to the Company’s Privacy Policy, Terms and Conditions, and this Agreement before they may be granted access to your Ag Data. You may stop sharing your Ag Data with any Trusted Advisor by revoking their permission at any time through your administrator settings. Revoking permissions may not cause Ag Data previously shared to be deleted from a Trusted Advisor’s records.

5.2 Integrations

With your consent and direction, the Company may provide you with the ability to share your Ag Data through integrations with other technology platforms ("Integrations"). Current and anticipated Integrations include agricultural management platforms such as FCC AgExpert, SeedCert, John Deere Operations Center, Flight Plan, and others. When your Ag Data is transmitted to a third-party Integration, your use of that data is subject to that party’s policies and contract terms.

The Company acts as a data conduit only for Integration data sharing. The Company is not responsible for how third-party Integration platforms store, use, or protect data once it has been transmitted. Your administrator is responsible for reviewing the privacy policies of any third-party platform connected to PollinLink.

5.3 Government

The Company will not share your Ag Data with government agencies unless you provide your consent and direction, or unless the Company is legally required to do so by a valid court order, subpoena, or other government demand. The Company shall notify you of any government request to obtain your Ag Data, unless prohibited by law from doing so. The Company shall have no liability to you for disclosure of Ag Data in response to a legally valid government or court demand.

6. PORTABILITY

You can download your Ag Data at any time while you maintain an active account with the Company. In some circumstances, your Ag Data may not be retrievable in its original format. To request a data export, contact support@pollinlink.com.

7. STORAGE AND RETENTION

Ag Data is stored on servers under the control of the Company and located in Canada. The Company shall store your Ag Data for as long as you have an active account with the Company, and for ninety (90) days after termination of your account. After ninety (90) days following termination, the Company will no longer have any obligation to retain your Ag Data.

Certain records, including spray event timing and re-entry interval communications, may be retained beyond this period where required by applicable law or regulation.

8. DELETION

You may delete your Ag Data at any time while you have an active account, and within ninety (90) days after termination of your account. Requests to delete your Ag Data after your account terminates may be made by contacting support@pollinlink.com.

Deletion of Ag Data will not cause any Derived Data or Aggregated Data that has already been created to be deleted, as that data has been anonymized and can no longer be attributed to you.

9. MODIFICATIONS TO THIS AGREEMENT

The Company may revise this Agreement from time to time. The Company will notify you of any revisions by email or when you log into your account. The notice will be accompanied by a summary of the changes to this Agreement. By continuing to use the Services after revisions become effective, you agree to be bound by the updated version of this Agreement.

10. SECURITY AND BREACH NOTICE

The Company follows commercially reasonable security measures to protect the privacy and security of your Ag Data, including encryption of data in transit, secure password storage, role-based access controls, organizational data isolation, and session logging. In the event of a data breach, natural disaster, or other unforeseen event that causes your Ag Data to be disclosed to an unauthorized third party or deleted, the Company will notify you when you log in, by email, or by another method required by applicable law.

11. SALE OF COMPANY

In the event the Company is sold or acquired by another company (meaning at least 51% of Company ownership interest is transferred in a single calendar year), you will be notified. This Agreement will continue to apply to your Ag Data unless the new owner provides you notice of a new ag data use agreement and gives you the opportunity to accept or decline its terms.

12. LIMITS ON THE COMPANY’S LIABILITY

The Company is not liable for any damages that result from the disclosure of your Ag Data to any person, company, or organization, provided such disclosures are made according to this Agreement. The Company is not responsible for a loss or unauthorized disclosure of your Ag Data due to: (i) an Act of God; (ii) other catastrophic event; (iii) a data breach unless caused by the Company’s gross negligence; or (iv) someone other than you using your account.

13. INQUIRIES

Questions about this Agreement should be directed to:

Organization: TNT Pollination Ltd. / PollinLink
Mailing Address: PO Box 635, Grassy Lake, Alberta, Canada T0K 0Z0
Email: support@pollinlink.com
Phone: 403-360-2528
Data Inquiries: Please mark correspondence Attention: Ag Data Agreement.

This Ag Data Use Agreement is structured to comply with the Ag Data Transparent (ADT) certification standard administered by the Ag Data Transparency Evaluator Inc. This Agreement has been adapted from the Model Ag Data Use Agreement published by Janzen Agricultural Law LLC. TNT Pollination Ltd. recommends that all users review this Agreement in conjunction with the PollinLink Privacy Policy and Terms and Conditions of Use.