Revised: October, 15 2021
FMC Corporation, FMC of Canada, Ltd, and our subsidiaries and affiliates (collectively, “FMC”, “Company”, “us” or “we”) are committed to maintaining data privacy and security. This Policy (the “Policy”) describes our practices for collecting, using, maintaining, protecting, and disclosing the personal information we may collect from you or that you may provide when you visit our website, our Canadian social media pages, Canadian mobile apps or forms that link or refer to this Policy (collectively referred to as the “Website”), or that you otherwise provide to FMC or an FMC representative.
This Policy is meant to comply with Canadian federal and applicable provincial privacy legislation (including Quebec privacy legislation).
This Policy applies to information relating to a person who can be identified, either alone or in combination with other information available to us (“Personal Information”).
This Policy includes the following:
- Information We May Collect About You
- How We Collect Information About You
- Cookies, Pixels and Automatic Data Collection Technologies
- Purposes for Which We Use Your Information
- Disclosures of Your Personal Information
- Transferring Your Personal Information
- Your Personal Information Use Choices
- Information Security and Retention
- Use of Special Features of Areas of Our Sites
- Accessing and Correcting Your Personal Information
- Children’s Privacy
- Links to Other Websites
- Contact FMC
This Policy describes what types of information, namely personal Information, we gather and track about website visitors, visitors who submit information to us through our social media pages, individuals who provide us information at trade shows or other events, current and prospective vendors and suppliers, and the direct and indirect customers who purchase our products. We use this information principally to conduct our business and provide information about our products. We share this information within FMC, and with third parties that supply services to us or with whom we do business. If you have any questions about this Policy, contact [email protected].
We may collect one or more of the following categories of information from and about you:
- Personal Information that we can reasonably use to directly or indirectly identify you, such as your name, mailing address, e-mail address, telephone number, job title & role, Internet protocol (IP) address used to connect your device to the Internet, user name or other similar identifier, billing and account information, signature, language preference and any other identifier by which you may be contacted online or offline. We may also collect other Personal Information from or about you in connection with particular programs, events, or to provide you with requested goods or services. For instance, if you participate in one of our marketing programs, such as a grower rebate program, we may collect personal information from or about you to ensure we can provide you with the benefits of such program, such as your purchase history and rebate eligibility.
- Non-Personal Information that does not directly or indirectly reveal your identity or directly relate to an identifiable individual, such as statistical or aggregated information. Statistical or aggregated data does not directly identify a specific person, but we may derive non-personal statistical or aggregated data from Personal Information. For example, we may aggregate Personal Information to calculate the percentage of users accessing a specific Website feature.
- Technical Information including information about your internet connection, the equipment you use to access our Website, about your browser (including type and version), time zone setting, browser plug-in types and versions, operating system and platform, and usage details.
- Non-personal details about your Website interactions including URLs and your clickstream to, through and from our Website (including date and time), how long you remain on a page and which links you click, products you viewed or searched for, page response times, download errors, methods used to browse away from the page, or any phone number used to call our customer service number;
We collect information about you in the following ways:
Information You Provide to Us
We collect information you knowingly provide by soliciting goods or services from us, as part of a transaction, performing or entering into a contract with us, completing an online form, submitting a query or request for support to us, registering for information or services from us, registering for an event we are involved with, responding to research and marketing surveys, searching or otherwise providing on or through our Website, or otherwise share with us.
The information we collect directly from you on, through or in connection with our Website may include:
- Information you provide by filling in forms on our Website. This includes information provided at the time of subscribing to receive communications from us or using our Contact Us form.
- Records and copies of your correspondence (including email and postal addresses), if you contact us.
- Your responses to surveys that we might ask you to complete for research purposes.
- Your search queries on the Website.
Information We Receive from Other Sources (e.g., Third Parties)
We may also collect Personal Information indirectly from our business partners. This may include information we receive from distributors or retailers of FMC products. We may need to obtain your information from our business partners to help address a question you’ve asked via our Website, or to provide after-sale services. Also, we may combine information we have collected directly from you with information we obtain from business partners or other companies and use it for the reasons described in this Policy.
Information We Collect Through Cookies and Other Automatic Data Collection Technologies
FMC also collects information from visitors to the Website, from readers who have downloaded one of FMC’s mobile apps or visited our social network pages, and from recipients of our e-mail communications.
This includes a passive collection of information that is automatically sent to us by your web browser in order to customize your experience on our Website. For these purposes we may collect (depending on whether you are using the Website, a social network or an app) certain information about your equipment, browsing actions, and patterns, including:
- Details of your visits to our Website, including traffic data, location data, logs, and other communication data, and the resources that you access and use on the Website
- Information about your computer and internet connection, including your IP address, operating system, and browser type.
The information we collect automatically is statistical information and may include Personal Information, and we may maintain it or associate it with Personal Information we collect in other ways, that you provide to us, or that we receive from third parties. It helps us to improve our Website and deliver a better and more personalized service, including by enabling us to:
- Estimate our audience size and usage patterns;
- Develop content based on user interests and behavior;
- Store information about your preferences, allowing us to customize our Website according to your individual interests;
- Measure traffic patterns, including which areas of our Website users visit, and visiting patterns in the aggregate;
- Understand how our users’ habits are similar or different from one another; and
- Recognize when you return to our Website.
We collect this information by using cookies, server logs, and other similar technologies. For more information, see Cookies, Pixels and Automatic Data Collection Technologies.
To the extent required by law, we will obtain your consent to collect, use or disclose Personal Information. For example, we may collect Personal Information without your knowledge or consent if we have a serious and legitimate reason and either of the following conditions is fulfilled:
- the information is collected in your interest and cannot be otherwise collected from you in due time; or
- collection from a third person is necessary to ensure the accuracy of the information.
When required, consent may be provided orally, in writing, electronically or otherwise. Consent to the collection, use or disclosure of your Personal Information must be free and enlightened. Depending on the nature and sensitivity of your Personal Information, your consent can be implied or express. Your consent may also be given by an authorized representative (such as a person having power of attorney). By providing Personal Information to us, you agree that we may collect, use and disclose such Personal Information as set out in this Policy and as otherwise permitted or required by law.
In cases where we rely on your consent to lawfully collect, use and/or disclose your Personal Information, you may have the legal right to withdraw your consent at any time, provided that reasonable notice of withdrawal of consent is given to FMC. Please note that if you withdraw your consent, we may not be able to provide you with particular products or services for which that information is necessary.
Limits on Collection of Personal Information
We only collect Personal Information as authorized or required by law, where it is reasonable and necessary to provide our services, and where it is reasonable and necessary for the purposes consented by you.
The technologies we use for this automatic data collection may include:
- Cookies (or browser cookies). A cookie is a small amount of data that is sent to your browser from a web server and stored on your computer’ shard drive or temporary memory. We may use this information to better personalize the content, banners, and promotions that you and other users will see on our Website. We may also work with third-party ad companies and ad networks.
- Web Beacons. Our Website pages and e-mails may contain web beacons (small transparent embedded images or objects, also known as clear gifs, pixel tags, and single-pixel gifs) that permit us, for example, to count website page visitors or email readers, or to compile other related statistics such as recording Website content popularity or verifying system and server integrity.
Upon or before collecting Personal Information, FMC will state the purpose of collection, unless the purpose is obvious. You can contact [email protected] if you have questions about the collection of your Personal Information.
We may collect, use and disclose Personal Information for purposes authorized or required by applicable privacy legislation or other law and for the following purposes:
- To perform a contract with you or take steps to enter into a contract at your request;
- To provide you with documents, communications, or product or service information you have requested;
- To fulfil an order for products or services;
- To provide after-sales support and customer service, including corresponding with users to resolve complaints and queries;
- To process and complete certain transactions involving the Website, and other transactions involving FMC's products and services;
- To administer our customer rebate programs;
- To keep accounting records and evidence of sales, and as otherwise necessary for the administration of our general business, accounting, recordkeeping and legal functions
- To manage and develop our business and operations;
- To evaluate transactions involving the Website or our products and services;
- To operate, evaluate, maintain, improve and develop the Website and our social media pages (including by monitoring and analyzing trends, access to, and use of the Website and pages for advertising and marketing);
- To assess your user experience in order to evaluate, improve and develop our products and services generally;
- To administer surveys and questionnaires, such as for market research or customer satisfaction purposes;
- To assess your use of the Website in order to better meet the needs of all users;
- To better understand how our Website, products and services are used and accessed, and for other research and analytical purposes, such as to evaluate and improve our services and business operations and to develop additional products, services and features;
- To protect the security of the Website and FMC’s confidential and proprietary information;
- To protect the safety of the FMC workforce;
- To manage, remediate, protect against and investigate fraud, credit risk, risk exposure, claims and other liabilities, including but not limited to violation of our contract terms or laws or regulations;
- As part of the potential or actual sale of the company or any of our assets, or those of any affiliated company, in which case Personal Information held by us may be one of the transferred assets;
- To comply with applicable legal or regulatory obligations, including as part of a judicial proceeding, and to respond to a subpoena, warrant, court order, or other legal process, or as part of an investigation or request, whether formal or informal, from law enforcement or a governmental authority; and
- In any other way we may describe when you provide the information, or for any other purpose with your consent or acknowledgment, to the extent required by law.
The above collections, uses and disclosures are a necessary part of your relationship with us.
Where you give your consent or the law permits us to use your information without consent, we may also use your Personal Information for the following additional purposes:
- To send you promotional materials and marketing communications, namely by email, about our brand, products and services; and
- To engage you about events, promotions, the Website, and FMC products and services
Before using or disclosing the Personal Information for a purpose not previously identified, we will identify the new purpose and take appropriate action to comply with applicable law, which may include obtaining your consent unless the use or disclosure is authorized or required by law.
If you are a current FMC customer, we will use Personal Information to send you product or promotional advertising, unless you have opted out of receiving product or promotional advertising (or, where opt-in consent is required, provided that you have given your consent). For example, we may:
- Send you marketing communications containing news, information and updates about our products and services, offers, promotions and special events, and other marketing communications that may be of interest to you (by postal mail, email, SMS or telephone);
- Conduct data analytics, market research and data enrichment, such as by analyzing your product preferences, interests, purchase history and interactions with the Website together with data collected from third parties, such as data you agree to share with us on social networks (e.g., Facebook, Instagram, etc.) and/or that we may collect from publicly accessible databases.
We may share your Personal Information as described below:
- To our affiliates or subsidiaries. Access to your Personal Information within FMC does not require your consent, but is limited to the persons for whom such information is necessary for the performance of their functions and duties.
- In accordance with applicable law, to a buyer or other successor in the event of a merger, divestiture, restructuring, reorganization, dissolution, or other sale or transfer of some or all of FMC’s assets. If a change happens to our business, then the new owners may use your Personal Information in the same way as set out in this Policy, to the extent authorized by law.
- To contractors, service providers, business partners (including retailers and distributors) and other third parties that supply services to us or with whom we do business. For example, we may share personal data with business partners with whom we jointly conduct promotional activities, such as grower rebate programs.
- We may disclose aggregated, anonymized, or de-identified information about users for marketing, advertising, research, compliance, or other purposes.
- As needed to fulfil the purpose for which you provide it.
- For any other purpose disclosed by us when you provide the information.
- With your consent.
We may also disclose your personal information:
- When we, in good faith, believe disclosure is appropriate to comply with any court order, law, or legal process, including to respond to any government or regulatory request, in accordance with applicable law.
- If we believe disclosure is necessary or appropriate to protect the rights, property, or safety of FMC, our customers, our workforce, or others, such as fraud or identity theft and to enforce agreements. This may include exchanging information with other companies and organizations.
FMC is a global organization with its corporate headquarters in the United States. As part of the Services offered to you through our Website and applications, and during our ordinary business operations, we may process, store, and transfer your Personal Information in and to a foreign country, with different privacy laws that may or may not be as comprehensive as Canadian law. In particular, our servers, databases, and service providers may be located in the United States or in other countries. In these circumstances, the governments, courts, law enforcement, or regulatory agencies of that country may be able to obtain access to your Personal Information through the laws of the foreign country. See Information Security and Retention below for more information about how we safeguard your information.
By submitting your Personal Information or engaging with the Website, you consent to this transfer, storage, and/or processing.
We strive to provide you with choices regarding certain Personal Information uses, particularly around marketing and advertising. We have established the following Personal Information control mechanisms:
Promotional Offers from the Company
If you do not want us to use your email address, mobile number, or other contact information to promote our own products or services, or third parties’ products or services, you can opt-out by using the opt-out mechanism in any commercial electronic message (“CEM”), as communicated in the promotional or marketing material, or by emailing [email protected] and notifying us of your desire to opt out. Opting out of promotional and/or marketing materials does not apply to information provided to FMC as a result of product purchase, product service experience or other transactions.
If you do not want us to share your Personal Information with unaffiliated or non-agent third parties for promotional purposes, you can opt-out by emailing [email protected] and notifying us of your desire to opt out.
We do not control third-parties’ collection or use of your information to serve interest-based advertising. However, these third parties may provide you with ways to choose not to have your information collected or used in this way. You can also opt-out of several third party ad servers’ and networks’ cookies simultaneously by using an opt-out tool created by the Digital Advertising Alliance of Canada and/or an opt-out tool created by the Network Advertising Initiative. You can also access these websites to learn more about online behavioural advertising and how to stop websites from placing cookies on your device. Opting out of a network does not mean you will no longer receive online advertising. It does mean that the network from which you opted out will no longer deliver ads tailored to your web preferences and usage patterns.
Security of Your Personal Information
We take what we determine to be reasonable physical, technical and administrative security standards designed to protect the confidentiality, integrity and security of your Personal Information. We have therefore taken steps to secure against the unauthorized access, collection, use, disclosure, copying, modification, disposal or destruction of Personal Information. We store information we receive about you in computer systems and databases operated either by us or our external service providers. We take steps to limit access controls and add encryption and anti-malware protections to your Personal Information as appropriate. We will collect and store Personal Information on your device using application data caches and browser cookies.
You also have an important role to play in protecting the security of your Personal Information, and you should take care about disclosing information, and how you protect your communications and devices. Where we have given you (or where you have chosen) a password that enables you to access certain parts of our Website or applications, you are responsible for keeping this password confidential. We ask you not to share a password with information. Please note that confidentiality and security are not assured when information is transmitted through email or other electronic communication. WE will not be responsible for any loss or damage as a result of a breach of security and/or confidentiality when you transmit information to us by email or other electronic communication, or when we transmit information by such means at your request.
FMC makes use of global administrative resources of entities within the FMC group of entities, including joint systems and databases. This may involve your Personal Information being stored or accessed outside of Canada. We will take reasonable steps to ensure that your Personal Information will not be used for purposes which are not relevant or, to the extent required by law, communicated to third parties without your consent. However, Personal Information stored outside of Canada may be accessible to authorities in those jurisdictions according to the laws of those jurisdictions.
Retention of Your Personal Information
We apply a general rule of keeping Personal Information only for as long as reasonably necessary to fulfil the purposes for which it was collected, including for the purpose of satisfying any legal, regulatory, tax, accounting or reporting requirements. We typically retain certain elements of your Personal Information for a period of time corresponding to a statute of limitation, for example to maintain an accurate record of your dealings with us, such as pursuant to a contract so that we can raise or defend a legal claim. In some circumstances we may retain Personal Information for other periods of time, for instance where we are required to do so in accordance with legal requirements, or if required to do so by a legal process, legal authority, or other governmental entity having authority to make the request, for so long as required. We may also retain your Personal Information for a longer period in the event of a complaint or if we reasonably believe there is a prospect of litigation in respect to our relationship with you.
In some circumstances, we will anonymize your Personal Information (so that it can no longer be associated with you) for research or statistical purposes, in which case we may use this information indefinitely without further notice to you.
Our Website may include special features, such as surveys, licensed content; or an online store; or password protected areas, such as a customers-only area or a careers area. This Policy may be supplemented or amended from time to time by privacy notices that are specific to and appear on individual FMC websites, including but not limited to our investor and career sites. Generally, these notices provide details about the personal information we collect or do not collect on particular pages or areas of a website, why we need that information, and choices you may have about the use of that information.
When you sign up to use a special feature or password-protected area, you may be asked to agree to special terms governing your use of the special feature or password-protected area. In such cases, you will be asked to expressly consent to the special terms, for example, by checking a box or clicking on a button marked “I agree.” This type of agreement is known as a “click-through” agreement. Such agreements are separate from the content of this Policy or any other privacy notice.
FMC is open about the policies and procedures it uses to protect your Personal Information. Information about these policies and procedures will be made available as appropriate. However, to ensure the integrity of our security procedures and business methods, we do not disclose sensitive information about our policies and procedures.
You have the right to request access to and to correct the Personal Information that we have about you. If you want to review, verify, correct, or withdraw consent to the use of your Personal Information, you may send us an email at [email protected]. We may not accommodate a request to change information if we believe the change would violate any law or legal requirement or cause the information to be incorrect. We will respond to your request for access within the period prescribed by law, and notify you if we need additional time to respond to your request.
We may also request specific information from you to help us confirm your identity and your right to access, and to provide you with the Personal Information that we hold about you or make your requested changes. If we can, we will provide you with your Personal Information under our control, information about the ways in which that information is being used and a description of the individuals and organizations to whom that information has been disclosed, as appropriate.
In some situations, we may not be able to provide access to certain Personal Information. Applicable law may allow or require us to refuse to provide you with access to some or all of the Personal Information that we hold about you, or we may have destroyed, erased, or made your Personal Information anonymous in accordance with our record retention obligations and practices. We will notify you in writing and give you the reasons for refusal, subject to any legal or regulatory restrictions.
Subject to legal limitations, we may charge a reasonable fee for providing information in response to an access request. We will notify you of any fee in advance.
FMC’s products and services are generally designed for those ages 18 and older. FMC does not intentionally or knowingly gather personal information from persons who are under the age of 18. If a child under 18 submits personal information to us and we learn that the personal information is the information of a child under 18, FMC will attempt to delete the information as soon as possible. If you are a parent or guardian of a child who has provided personal information without your knowledge and consent, you may request we remove this children’s information by emailing [email protected].
FMC is headquartered at 2929 Walnut Street, Philadelphia, PA, 19104, United States, and has a location at 6755 Mississauga Road, Suite 204, Mississauga, ON L5N 7Y2. Please address any questions, comments and requests regarding this our data processing practices to us at our headquarters or contact us at [email protected].