Terms and Conditions

If you continue to use this iOS and Android app you are agreeing to comply with and be bound by the following terms and conditions, which, together with our privacy policy, govern Ag Growth International Inc. and is affiliates and subsidiaries and entities (collectively, “AGI”). AGI may, in its sole discretion, revise these Terms at any time without advance notice to you. You are bound by such revisions by your continued use or visitation of the iOS and Android app.

The use of “us”, “we”, Ag Growth International Inc., or its affiliates, entities or divisions, including but not limited to: Westfield Industries, Westfield, Batco Manufacturing, Batco, Batco-Rem, Westeel, BV, refers to AGI. The term "you" refers to the user or viewer of the iOS and Android app.

AGI owns all intellectual property rights, including without limitation copyright and trade-mark rights, in all materials on or comprising the IOS and Android app (“Content”), including, without limitation, all written, audio visual or other materials and graphical elements on the IOS and Android app, but excluding User Content as defined below. IOS and Android app Content may not be used by you without the express written permission of AGI, such use to be solely for non-commercial purposes.

To access some features of the IOS and Android app you may have to register for an AGI user account. When registering for your user account you must provide accurate and complete information (“User Content”). You are solely responsible for the activity that occurs on your User Account. You must notify AGI immediately of any breach of security or unauthorized use of your User Account. AGI will not be liable for your losses caused by any unauthorized use of your User Account, however, you may be liable for the losses of AGI or others due to such unauthorized use.

The IOS and Android app and Content is provided "as is" and without warranties or conditions of any kind, either expressed or implied, including any implied warranties of merchantability, merchantable quality, fitness for a particular purpose, title, or non-infringement. AGI does not warrant that the IOS and Android app or Content contained in this IOS and Android app will be uninterrupted or error-free, that defects will be corrected, or that this iOS and Android app or the server that makes it available are free of viruses or other harmful components.

Without limiting the foregoing, AGI does not warrant or make any representation regarding use, the ability to use, or the result of use of the content in terms of accuracy, reliability, or otherwise. The content may include technical inaccuracies or typographical errors. AGI makes no warranties that your use of the content will not infringe the rights of others and assumes no liability or responsibility for errors or omissions in such content.

You agree to defend, indemnify and hold harmless AGI, its employees, agents, officers and directors from and against any and all claims, damages, obligations, judgments, losses, liabilities, costs or debt, attorney's fees and other expenses arising from: (i) your use of and access to the IOS and Android app; (ii) your violation of any third party right, including without limitation any copyright, property, or privacy right; or (iii) any claim that you did not have the right to provide any user content or that your user content caused damage to a third party. This defense and indemnification obligation will survive these terms and your use of the IOS and Android app.

You may not use the IOS and Android app for any illegal or unauthorized purpose. Your use of the IOS and Android app shall be governed under the laws of Canada, as well as any applicable Provincial, State, Federal or local law.

Privacy Policy

INTRODUCTION

The privacy and security of personal information is very important to Ag Growth International Inc., its divisions, affiliates, and subsidiaries (collectively, “AGI”). It is AGI’s policy to protect and respect the privacy of personal information provided by its shareholders, customers, contractors, suppliers, business associates, and members of the public in accordance with applicable privacy laws. This Privacy Policy explains AGI’s privacy and security practices with respect to all personal information in the custody or control of AGI, and may be supplemented by specific policies, procedures, and practices. By using AGI's services, you agree to AGI's use and disclosure of personal information that we may collect from or regarding you in accordance with this Privacy Policy.

Note to Residents of the European Union: In order to comply with the requirements of the European General Data Protection Regulation (GDPR) for European users of AGI's products and services, this Privacy Policy outlines the legal basis on which AGI may process your personal data (also referred to herein as personal information), and provides other information required by the GDPR. AGI processes personal data when it has a lawful basis to do so in accordance with the GDPR. Generally, this means that AGI processes personal data only where it has consent, where necessary to provide you with information, products, or services, or where necessary to comply with applicable legal obligations. AGI may also process personal data where otherwise allowed by the GDPR for the purposes outlined in this Privacy Policy (for example, to communicate with you and to respond to your requests). Please see below for further information.

WHY DOES AGI COLLECT PERSONAL INFORMATION?

AGI may collect personal information for the following purposes:

▪ To administer, plan, and manage its relationship with individuals and to communicate with individuals;

▪ To provide individuals with requested information, products, and/or services;

▪ To complete a transaction that you have requested or initiated;

▪ To register you for a service, contest, account that you have requested, or to verify or authenticate you as a user of an account with AGI;

▪ To better understand how AGI may improve its products and services, to develop and conduct its business and operations, and for other internal business purposes;

▪ To provide individuals with information on current and future products and services or other developments with respect to AGI and its affiliates and partners (in all such cases, in accordance with Canada’s Anti-Spam Legislation – see below); and

▪ To comply with applicable legal and regulatory requirements, or to protect AGI’s legal rights and property; (collectively, the “Authorized Purposes”).

The type of information that AGI may collect from individuals depends upon the Authorized Purpose for which it is being collected. This information may include, for example, name, email address, address, telephone number, fax number, information regarding your use of AGI's iOS and Android app, products or services, and other information individuals choose to provide. AGI collects the minimum amount of information about you that is necessary to achieve the relevant Authorized Purpose.

AGI may collect personal information for other purposes where it has a legal duty or right to do so, or where AGI has a good faith belief that it is necessary to protect the property or rights of AGI. AGI does not collect personal information for any purposes other than as described above, unless it has the consent of the individual to whom the personal information relates.

HOW DOES AGI COLLECT PERSONAL INFORMATION?

AGI only collects personal information about an individual with the individual’s knowledge and consent. Generally, this means that AGI collects personal information directly from the individual to whom it relates, whether via AGI’s iOS and Android app, website, e-mail, telephone, fax, or in person. Occasionally, AGI may collect personal information from third party sources, but only with the knowledge and consent of the individual or where otherwise authorized by law.

Visitors to AGI’s iOS and Android app should also be aware that anonymous technical information may be collected by AGI as a result of a visit to AGI’s iOS and Android app. For example, this information may include the visitor’s IP address, browser type, operating system, domain name, access times and referring iOS and Android app addresses. AGI uses this anonymous technical information for purposes such as diagnosing problems with AGI’s servers, improving the operation and content of AGI’s iOS and Android app and compiling aggregate and statistical information.

AGI will not attempt to link or match such anonymous technical information with any personally- identifiable information unless AGI has an individual’s consent, AGI (or its service providers) have detected or reasonably suspect any unlawful use of AGI’s services or a security breach, or AGI has a legal duty or right to do so.

AGI may use “cookies” on its iOS and Android app in order to enhance your user experience. “Cookies” are small text files placed on computers that can collect and store a variety of information, and enable a iOS and Android app to recognize your account. Permanent cookies are stored indefinitely on a user’s hard drive unless manually deleted, while temporary cookies are automatically deleted from the user’s browser upon logging out of a iOS and Android app. Web browsers typically allow users to disable permanent and/or temporary cookies, and accordingly, You have the ability to prevent your computer from accepting cookies; however, if you do, please note that certain functionality of AGI's iOS and Android app may be impaired.

Please note that AGI uses Google Analytics. There is more information about how Google collects, uses, and processes data here.

WHEN DOES AGI USE OR DISCLOSE PERSONAL INFORMATION?

AGI only uses or discloses personal information as reasonably required to facilitate the Authorized Purposes listed above. In some cases, AGI may share personal information with third party service providers performing functions on AGI’s behalf, including, for example, vendors that provide information technology services or provide analytics or assessment services to AGI.

AGI has a close working relationship between its affiliated companies. Personal information may be shared between these organizations to facilitate the Authorized Purposes listed above in accordance with this Privacy Policy.

AGI does not otherwise use or disclose personal information unless AGI has an individual’s consent, AGI has a good faith belief that disclosure of the information is necessary to protect the rights or property of Company, or AGI has a legal duty or right to do so.

AGI does not rent, sell or trade customer lists or other personal information. AGI may from time to time provide information of a general nature to third parties (for example, the number of individuals visiting AGI's iOS and Android app or completing a registration form). However, AGI uses anonymized or pseudonymized information for this purpose, and will not use any personal information that could identify the individuals from whom it is collected.

CONSENT – IS THERE A CHOICE?

If you provide personal information to AGI in connection with your use of AGI's products or services, use AGI's iOS and Android app, or conduct a transaction through AGI's iOS and Android app where personal information is necessary, your consent is implied to collect and use your personal information to facilitate that use or complete that transaction requested or initiated by you.

Individuals can deny or withdraw their consent to AGI’s collection, use and disclosure of their personal information at any time upon reasonable notice, subject to any legal or contractual requirements. However, if consent is denied or withdrawn, AGI may not be able to provide certain products or services.

AGI may use personal information to inform individuals of current and/or new products or services or other developments that AGI or its affiliates or partners believe will be of interest to individuals, in accordance with Canada’s Anti-Spam Legislation. Such communications may be made by way of telephone, text message, direct messaging, e-mail, fax or regular mail. Individuals provide their consent to AGI and its affiliates and partners contacting them in this manner when they use AGI’s products or services. Individuals may opt-out of receiving such communications by contacting AGI at the address

HOW DOES AGI PROTECT THE SECURITY OF PERSONAL INFORMATION?

AGI has in place reasonable policies, procedures and safeguards (including physical, technological and organizational measures) designed to protect the security of personal information under its control.

The protection of personal information is of paramount concern to AGI, and AGI is prepared to take appropriate and timely steps in the event of any incidents involving personal information in accordance with applicable privacy laws.

AGI makes every reasonable effort to ensure that personal information is accurate and complete. This may involve requesting further information or updates from individuals. AGI relies on individuals to notify AGI if there is a change to their personal information that may affect their relationship with AGI.

AGI retains personal information for only as long as is reasonable to fulfill the purposes for which the information was collected, or for legal or business purposes.

DOES AGI PROVIDE ACCESS TO PERSONAL INFORMATION?

AGI will provide individuals with access to the personal information AGI holds about them in accordance with applicable laws. AGI reserves the right to require that any request for access to personal information be made in writing. Generally, there is no cost for such access. However, AGI reserves the right to charge such costs on a case by case basis in accordance with applicable laws. The individual will be notified in advance if charges apply.

AGI will correct or amend the personal information in its files where it can be shown that the information is incorrect or incomplete.

STORAGE AND PROCESSING

AGI will store the personal information on its internal servers and/or with its services providers.

AGI’s service providers may store and/or process personal information outside of Canada (including in the United States of America). When information is stored or processed outside of Canada, it may be subject to the laws of and be accessible by legal authorities in such other jurisdictions. AGI has taken appropriate technical, organizational, and legal steps to secure this information.

GDPR INFORMATION

The GDPR sets out obligations and rights with respect to the personal data of residents of the European Union. AGI is committed to ensuring that it complies with the requirements of the GDPR. As such, this section outlines additional information relevant to residents of the European Union only. Please see the remainder of AGI's Privacy Policy for more information regarding its privacy practices.

Your Rights relating to your Personal Data

Subject to some exceptions, the GDPR provides you with the following rights:

  1. Right of access: You have the right to information about whether and why AGI processes your personal data and related information (for example, what personal data AGI is processing).
  2. Right of rectification: You have the right to correct any inaccurate or incomplete personal data that AGI holds about you.
  3. Right to erasure: You have the right to ask AGI to delete personal data that it holds about you.
  4. Right to restrict or object to processing: You have the right to ask AGI to limit or stop its processing of your personal data in certain cases (for example, if the personal data AGI is processing about you is inaccurate or is for direct marketing purposes).
  5. Right to data portability: You have the right to ask AGI for a copy of personal data it holds about you, and to transfer such data to another entity.
  6. Right to complain: AGI encourages you to contact us at the contact information below if you have any questions or concerns regarding AGI's personal data practices. However, you also have the right to complain to regulatory authorities in your jurisdiction. Please contact AGI at the contact information below if you need information about the appropriate authority.

You may exercise these rights or find out more about these rights by contacting AGI at the contact information listed below.

Retention and Storage of Personal Data

AGI is based in Canada and processes personal data in Canada. The European Commission recognizes Canada as providing an adequate level of protection for personal data. AGI's service providers may process your personal information outside of Canada (such as in the United States of America). When your information is processed outside of the European Union, it may be subject to the laws of and be accessible by legal authorities in such other jurisdictions. AGI has taken appropriate technical, organizational, and legal steps to secure this information.

CONTACT AGI

For further information about AGI’s privacy practices, to make a request for access to personal information, or to exercise any other rights outlined above, please contact:

Ag Growth International Inc. 198 Commerce Dr., Winnipeg MB, Canada R3P 0Z6 Attn: VP Legal & General Counsel Telephone: (204) 489-1855

The foregoing policy is effective as of January 1, 2019. AGI reserves the right to change this policy at any time in accordance with applicable laws. Any changes to AGI's Privacy Policy will be posted here and will supersede prior versions of AGI's Privacy Policy. AGI will take reasonable steps to draw your attention to any changes in AGI's Privacy Policy. However, it is recommended that you read this document each time you use AGI's iOS and Android app to ensure that it still meets with your approval.