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CSP Agreement
This Agreement, to be used in conjunction with the Customer Acknowledgment, is designed to address the occasion when your Customer instructs you to provide the Customer’s information to a third party service provider (Customer Service Provider or “CSP”) who intends to provide services directly to the customer. The likely CSPs to be involved in this circumstance are agronomists, crop input suppliers and accountants, among others. We would not normally advise dealer’s to disclose customer data to third parties, but we understand this is something customers may request and that dealers may wish to provide as a service.

These two contracts ensure that you have a written record of the Customer’s request and consent to disclose its data to the CSP. The CSP is then required to agree to the terms and conditions in this Agreement respecting its treatment of the data before the data is released to the CSP. You should have the third party sign this Agreement and provide a copy to you which should be maintained on the Customer’s file. Ensure the Customer’s whose data you intend to share with the CSP are listed below the signature lines on the last page of the Agreement.

Customer Acknowledgment
This Customer Acknowledgment is intended to be used in conjunction with the CSP Agreement when your customer requests that you provide its confidential information to a third party service provider, such as an agrologist, agricultural input supplier or accountant. This Customer Acknowledgment ensures that you have a record of the Customer’s request and permission to disclose the Customer’s confidential information to a third party.

Customer Data Usage Agreement
This Agreement is intended to be an enduring agreement that governs how the dealer will treat and use any and all customer information that it receives, collects and uses during the entirety of its relationship with each Customer. The Agreement effectively has the customer grant to the dealer a licence to use the customer’s information, which is broadly defined in the Agreement, in the ways set-out in the Agreement. This will govern circumstances where the dealer incidentally garners customer data, such as when “plugging into” a piece of equipment in order to repair it, to the intentional collection of specific data, like crop yields. The dealer’s rights to the data provide reasonably liberal use of the data for various business purposes but they stop short of specifically permitting the dealer to sell or assign the customer’s data.

The dealer should have one of these agreements on file for each customer, and it should be completed at the dealer’s earliest convenience, but certainly in advance of the delivery of any new data-based services, or in advance of the next servicing of the customer’s equipement.

Employee Confidentiality Agreement
This Agreement is intended to be an enduring contract between the dealer and its employees respecting the employee’s access to and use of confidential information about the dealer and its customers. The Agreement restricts the employee’s use of confidential information during its employment with the dealer and for two years following the termination of its employment with the dealer.

Despite the terms in this Agreement, it is difficult to legally impose non-competition and non-solicitation clauses on existing employees. Unless new value is given by the employer to the employee, the new clauses may be unenforceable. We do not warrant that this agreement will be enforceable against existing employees. This particular issue does not affect new hires, as the restrictive covenants are part of the employment agreement from the outset.

We recommend the use of this agreement for all new employees, and as a condition of any promotions for current employees. Dealers may have current employees sign the document, but we simply cannot guarantee the Dealer will benefit.

Privacy and Data Policy Overview
It is intended that this Overview be provided to the customer at the beginning of the dealer’s relationship with the customer or at the earliest available opportunity for current customers. The Overview will contain a link to the full Privacy and Data Policy which would be available online or in hard copy upon request by the customer.

See the full Privacy and Data Policy for further comments.

Privacy and Data Policy and Overview
Canadian legislation requires that all commercial organizations have in place a privacy policy outlining how they collect, use and share customer information.

The Privacy and Data Policy is intended to be a model privacy policy for dealers. The documents are intended for distribution to customers to communicate the dealer’s privacy policy to its customers. It is intended that the Overview would be provided to the customer at the beginning of the dealer’s relationship with the customer. The Overview will contain a link to the full Privacy and Data Policy which would be available online or in hard copy upon request by the customer.

The key principles of Canadian privacy legislation are that the purpose for which customer information is collected, used and shared must be disclosed to the customer and the information must only be collected, used and shared with the customer’s consent. The Privacy and Data Policy is only a model. It must be reviewed by each dealer to ensure that it is consistent with the dealer’s actual business practices. If customer information is collected, used or shared in a manner not contemplated by the policy, it should be amended accordingly. It is also important that the other forms used by the dealer when collecting customer information (for example credit applications and the like) inform the customer of the intended use of the information and that customer consent is obtained for the use and disclosure of the information.

The legislation also requires that all commercial organizations designate an officer who is accountable for compliance with the privacy legislation. Therefore, it is recommended that each dealer appoint a privacy officer who will ensure that reasonable procedures are implemented to protect customer information, communicate the policy and procedures to staff and to respond to inquiries about privacy issues. This individual’s contact information should be included in the Privacy and Data Policy and Overview.

Limited Liability Agreement
This Agreement, to be used in conjunction with the Customer Data Use Agreement, is designed to address the liability implications to a dealer when selling precision ag services and advice to customers.

Although limited liability agreements in Canada may not completely cover every situation and scenario that takes place in the dealer- customer relationship, the limited liability agreement is designed to place onus on the customer or end user; requiring them to accept certain responsibilities in the operation and maintenance of equipment as well in other areas.

The agreement also address what type of losses that dealers that may face from the Customer. This agreement limits the dealer for any losses or damages suffered by the Customer, including, but not limited to, crop loss, financial loss, any other economic loss, or personal injury, which results from the Customer’s breach of its obligations under this Agreement

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