CSGA Ag Data Use Policy
1. INTRODUCTION
This Ag Data Use Policy (“Policy”) establishes the terms by which your Ag Data (defined below) is shared with others when using the Canadian Seed Growers’ Association (CSGA) website and associated applications, products, and services, including CSGA’s SeedCert platform. Use of CSGA’s website and SeedCert platform is subject to CSGA’s SeedCert Terms of Use and CSGA’s Privacy Policy and Security Policy. CSGA is committed to protecting the privacy and security of our members’ and clients’ Ag Data.
2. AG DATA COLLECTED
The CSGA SeedCert platform is designed to collect data associated with seed crop certification (‘required’ data) and data related to other value-added services for your seed operation (‘voluntary’ data). CSGA collects ‘required’ data to deliver on its delegated authority as Canada’s national seed crop certification authority. All data submitted to CSGA is considered ’required’ data unless otherwise specified at the time of collection.
Seed Crop Certification Data. This may include crop and field information, such as planting dates, seed source information, quantity of seed planted, seed variety, kind, accreditations, crop inspection results, yield estimates, geospatial information, legal land location, directions, previous land use, tillage, and conservation data.
Crop Certificate Data. This may include information such as quantity of seed harvested prior to cleaning, seed lot information, seed disposal records, registered seed establishment information, seed grading information, pedigreed seed declaration information, laboratory test results, and documents related to certification.
Agronomic Data may include information related to disease and pest management, fertilizer, sustainability practices, and other inspections or certifications, such as organic. Collectively, these data sources are considered “Ag Data” in this policy. Each category is meant to be a general guide.
Some types of Ag Data may link to personal information, such as your name, address, or email address. The protection of personal information is addressed in CSGA’s Privacy Policy and is subject to applicable privacy laws and regulations.
3. OWNERSHIP OF AG DATA
‘Required’ Data Submitted for Seed Crop Certification Services
You retain ownership of ‘required data’ submitted to CSGA for the purpose of seed crop certification. However, CSGA has the right to anonymize and combine all submitted ‘required data’ as aggregated data, and such aggregated data is owned exclusively by CSGA and can be used by CSGA for any lawful purpose.
You can share and download the Ag Data associated with your CSGA account. You cannot delete any of the ‘required’ data you submit to CSGA. Upon submission to CSGA, you agree that you are the owner or have obtained permission from the owner of any Ag Data you submit to CSGA, including any Ag Data you authorize to be transferred from a third party. If you believe any Ag Data submitted may have multiple owners, you have a duty to obtain each owner’s permission prior to submitting it to CSGA. If you allow a third party to submit your Ag Data on your behalf, you agree that such third party has permission to do so. You release and forever discharge CSGA from any and all actions, causes of action, claims and demands for damages, loss or injury, however, arising out of all claims that any third party owns the Ag Data submitted for your account. You also agree that you will not submit false or misleading Ag Data for any illegal purpose.
‘Voluntary’ Data Submitted for Value-Added Services
You retain ownership of ‘voluntary data’ submitted to CSGA. However, CSGA has the right to anonymize and combine all submitted ‘voluntary data’ as aggregated data, and such aggregated data is owned exclusively by CSGA and can be used by CSGA for any lawful purpose.
You can share, download, and delete your ‘voluntary’ Ag Data. You agree that you are the owner or have obtained permission from the owner of any Ag Data you transfer, share, or upload to CSGA, including any Ag Data you authorize to be transferred from a third party. If you believe any Ag Data uploaded may have multiple owners, you have a duty to obtain each owner’s permission prior to transferring, sharing, or uploading to CSGA. If you allow a person, third party or service to upload your Ag Data on your behalf, you agree that such person or service has permission to do so. You release and forever discharge CSGA from any and all actions, causes of action, claims and demands for damages, loss or injury, however, arising out of all claims that any third party owns the Ag Data submitted for your account. You also agree that you will not submit false or misleading Ag Data for any illegal purpose.
4. YOUR RESPONSIBILITIES
You shall not allow any unauthorized person to access your login information, password, account, or Ag Data. You are responsible for any loss of data or other damage that occurs to CSGA as a result of unauthorized access to your account.
5. AG DATA SHARING WITH CSGA
By using CSGA websites and the SeedCert platform, you give CSGA your consent to anonymize and combine your Ag Data with Ag Data from other CSGA members, clients, and stakeholders, creating an aggregated dataset (“Aggregated Data”). Aggregated Data is anonymized by removing your personal information, such as name, address, and phone number, and combined with other data so that other users cannot link Aggregated Data to you. CSGA exclusively owns Aggregated Data, and as such, you have no ownership rights to Aggregated Data. Aggregated Data can be used by CSGA for any lawful purpose.
6. AG DATA SHARING WITH OTHERS
CSGA’s website and SeedCert platform are designed to allow integration of Ag Data sharing with other persons and technology providers. CSGA will not share your Ag Data with any person or company unless you provide your consent or as outlined below. CSGA will not sell your Ag Data to any third party. All companies that provide services to CSGA and as a result, have access to your Ag Data shall abide by this Policy as well as CSGA’s Privacy and Security Policies.
You may choose to share your ‘required’ data and your ‘voluntary’ data with specified people, and CSGA may make available functionality for you to grant those people access to your data within SeedCert. For each category of person, if functionality exists, you may elect to share all your Ag Data or specific categories, such as only financial data. You may stop sharing your Ag Data with any person at any time by revoking their permission through the SeedCert application. CSGA will not share your Ag Data with anyone without your consent or as outlined below.
- Authorized Third Parties
You have the option of granting certain “Authorized Third Parties” access to view, edit, upload, and download your Ag Data. Authorized Third Parties may include crop certificate assignees, payers, tollers, registered seed establishments, seed graders, authorized crop inspection services, licensed seed crop inspectors, auditors, agronomists, seed dealer representatives, and others involved in your seed operation as designated by you.
- Technology Providers
CSGA may integrate with other technology providers, providing you with the ability to share Ag Data through links established between SeedCert and these third parties. When your Ag Data is transferred or shared with a third party, your use is subject to that third party’s policies and contract terms. Likewise, CSGA may allow you to upload Ag Data directly from third party technology providers. CSGA will not share your Ag Data with other technology providers or third parties without first obtaining your consent.
- Government
CSGA will share ‘required’ data with the Canadian Food Inspection Agency (CFIA) to facilitate seed crop certification and the CFIA’s responsibilities related to seed certification. Without your permission, CSGA will not share any ‘voluntary’ data with the Government of Canada. However, this promise will not prevent CSGA from complying with a court order or other valid government request that requires CSGA to legally disclose information to the Government of Canada. CSGA shall have no liability to you for disclosure of Ag Data in response to a subpoena, court order, or other government demand that legally requires CSGA to respond.
- Variety Developers/Owners
Upon request, CSGA will share seed crop certification data with variety developers/owners to facilitate intellectual property protection (e.g., if a variety developer owns the variety, they can see who is producing the variety to ensure their intellectual property is protected). CSGA shall have no liability to you for the disclosure of seed crop certification data in response to a valid intellectual property protection report request from a variety developer.
7. YOUR ABILITY TO DELETE AG DATA
‘Required’ Data Submitted for Seed Crop Certification Services. You may not delete ’required’ data submitted for seed crop certification services.
‘Voluntary’ Data Submitted for Value-Added Services. You may delete your ‘voluntary’ Ag Data at any time. However, if your previously uploaded ‘voluntary’ data has already been aggregated with other data to create Aggregated Data, deleting such ‘voluntary’ data will not cause such Aggregated Data to be deleted. You may delete your ‘voluntary’ Ag Data through the SeedCert platform or by contacting the CSGA office.
8. HOW CSGA STORES YOUR AG DATA
Ag Data is stored on CSGA-hosted servers located in Canada or rented by CSGA from reliable service providers in Canada and the United States. All ’required’ data associated with seed crop certification is
9. MODIFICATIONS TO THIS POLICY
CSGA may revise this policy at any time and from time to time. CSGA will notify you if this policy has been revised by email or when you log into your SeedCert account. By continuing to use the SeedCert platform after the revisions become effective, you agree with the updated policy.
10. LIMITATIONS ON CSGA’S LIABILITY
In no event shall CSGA or any of its representatives be liable to you or any third party for any consequential, indirect, incidental, exemplary, special, or punitive damages whatsoever, including any damages for business interruption, loss of use, data, revenue or profit, cost of capital, loss of business opportunity, loss of goodwill, whether arising out of breach of contract, tort (including negligence), any other theory of liability, or otherwise, regardless of whether such damages were foreseeable and whether or not CSGA was advised of the possibility of such damages, that result from the disclosure of your Ag Data (whether required or voluntary) to any third party.
Further, CSGA is not responsible for a loss or unauthorized disclosure of your Ag Data due to (i) an Act of God, (ii) a catastrophic event, (iii) a data breach to the extent not caused by CSGA’s breach of this Ag Data Use Policy, or (iv) someone other than you accessing your account. CSGA cannot guarantee the accuracy of Aggregated Data. CSGA’s liability is further limited according to the CSGA SeedCert Terms of Use.
Questions about this Policy should be directed to:
Canadian Seed Growers’ Association
21 Florence St.
Ottawa, ON K2P 0W6
Phone: 1 (613) 236-0497
Approved By: The Board of Directors on November 27, 2024
Effective Date: January 1, 2025
Last Reviewed: November 2024
Next Review No Later Than: November 2026
COMPLIANCE REVIEW OF CSGA AG DATA USE POLICY
Compliance Review with ADT 11 Questions
Every ADT certification begins with the ag technology provider answering 11 questions about how the tech provider collects, uses, shares, and protects farmers’ agricultural data.
Here are the ADT’s 11 Questions and CSGA’s Answers (A.):
- Who is the tech provider? What products, platform, or services within the tech company are certifying as Ag Data Transparent? Who are the primary users of the product, platform, or services?
A.1. CSGA is the technology provider. Products include CSGA web-based services and the SeedCert platform for certification applicants. Primary users include applicants for seed crop certification.
- What categories of data does the data platform collect?
A.2. Two categories of data are collected by CSGA: ‘required’ data for certification services and ‘voluntary’ data for optional value-added services. See ‘Ag Data Collected’ in Appendix I, pg. 1.
- Do the tech company’s agreements with the user address ownership of user data?
A.3. Yes. See “Ownership of Ag Data’ in Appendix I, pg. 1.
- Does the tech company allow the user to opt out of inclusion in anonymized and aggregated datasets that are accessible by other users?
A.4. Yes, for ‘voluntary’ data, but no for ‘required’ data. In Appendix I, see ‘Ag Data Sharing with CSGA’ and ‘Ag Data Sharing with Others’ pg. 2, and ‘Your Ability to Delete Ag Data” pg. 3.
- Does the tech company require outside contractors that have access to user data to follow the tech company’s data policies?
A.5. Yes. See ‘Ag Data Sharing with Others’ in Appendix I, pg. 2.
- Does the tech company obtain a user’s consent before sharing user data with third parties?
A.6. Yes. See ‘Ag Data Sharing with Others’ in Appendix I, pg. 2.
- By signing up, does the user give the tech company the right to sell aggregated data to third parties without obtaining further consent?
A.7. Yes, anonymized aggregated data “can be used by CSGA for any lawful purpose”. See ‘Ag Data Sharing with CSGA’ in Appendix I, pg. 2.
- Does the tech company maintain an original copy of user data that can be retrieved or deleted upon a user’s request?
A.8. Yes, all user data can be retrieved by users without a request to CSGA. ‘Voluntary’ data can be deleted by users, but not ‘required’ data. See ‘Your Ability to Delete Ag Data’ in Appendix I, pg. 3.
- Will the tech company notify the user if a breach of data security causes disclosure of the user’s data to an outside party?
A.9. Yes. See “How CSGA Stores Your Ag Data’ in Appendix I, pg. 3.
- Will the tech company notify the user when data agreements are changed and summarize how the agreements were changed?
A.10. Yes. See ‘Modifications to This Policy’ in Appendix I, pg. 2.
- Do the tech company’s data agreements address what happens to user data if the tech provider is sold to another company?
A.11. Tech provider CSGA can not be sold. CSGA is a non-profit association founded in 1904 by the Government of Canada, with delegated regulatory authority for maintaining the national standards and services required for seed crop certification.
