Terms & Privacy

BK Agro International Limited is committed to respecting the privacy of individuals and providing security for personal data. BK Agro International Limited recognizes your need for the appropriate management and protection of any personal data that you provide us. This privacy policy complies with the requirements of the Personal Information Protection and Electronic Documents Act and the General Data Protection Regulation (“GDPR”) and is consistent with common law rules governing duties of confidentiality.

This privacy policy includes guidelines regarding the collection, use, storage, retention and disclosure of your personal data. BK Agro International Limited is responsible for all personal data under its control and compliance with the principles described in this Privacy Policy.

By accessing or using this Site, you are consenting to the collection, use and disclosure of your personal data related to the website as set forth in this Privacy Policy.

1. For which purposes and on which legal basis is data being collected and processed?

BK Agro International Limited will not use personal data for any purpose incompatible with the purpose for which it was initially collected unless you provided your prior consent for further use. The purpose for which personal data is collected and used are as follows:

1.1 To fulfill contractual obligations

BK Agro International Limited collects personal data to fulfill contractual obligations by providing products or services to clients (e.g. to purchase grain from a producer, or sell grain to a customer). This can be for pre-contractual measures order fulfillment, payment and invoicing for goods and services, contacting customers and contacting vendors/suppliers. We will also collect personal data through telephone recordings, credit agencies, financial institutions, reference sources, clearinghouse services and other third parties.

Telephonic recordings and monitoring are required for quality control and training purposes as well as to evidence business transactions. A pre-recorded message informs callers that their call may be recorded for quality assurance purposes. After hearing this message, a caller’s decision to continue with the call is considered their implied consent to record the call. Outbound calls to clients may also be recorded for similar purposes.

Personal data collected will be limited to that which is necessary for valid business purposes.

1.2 To fulfill legal obligations

BK Agro International Limited processes personal data to meet legal and regulatory requirements (e.g. to respond to a court order). We may be required to process data due to regulatory requirements which BK Agro International Limited is subject to as a commodity trader. This may also be due to litigation or arbitration, including employment tribunal proceedings, and protecting BK Agro International Limited against liability.

Where permitted or required by law, BK Agro International Limited employees may collect, use or disclose personal data without your knowledge or express consent, for issues including without limitation debt collections, dispute resolution, or insurance obligations.

1.3  As part of your consent

BK Agro International Limited will process data taken for a specific purpose and only within the scope set out in the consent form or as implied based on the reasonable expectations of the client. Use of our products and services constitutes implied consent for us to collect, retain and use customer personal data for the purposes identified in this policy. Moreover, if you apply to a BK Agro International Limited position by submitting your personal data, you are also providing your consent.

You may withdraw your consent at any time, which will then be effective for the future. Withdrawing or withholding consent may impact the products and services BK Agro International Limited is able to provide you.

Examples of such cases where consent is obtained are the evaluation of your data (such as name, account turnover data and the like) and the query of external credit databases, in order to anticipate your credit rating for credit applications. In recruitment, your submission of a cover letter, resume or references will be considered as personal data obtained through your consent.

1.4 To safeguard legitimate interests in general

Data processing may be carried out to protect the legitimate interests of BK Agro International Limited or third parties. Examples of such cases are:

• To establish and maintain a responsible commercial relationship with a customer and provide the customer with ongoing service (e.g. to confirm the identity of a customer or to determine creditworthiness);
• To manage and develop our business and operations (e.g. to guide new project development and resource allocation);
• Phone records (for quality assurance or complaint cases);
• To evaluate risk and protect against default through the exchange of data with credit bureaus for the determination of creditworthiness or default risks;
• Video surveillance of workplace areas, including facilities, corridors, interior/exterior entrance areas to collect evidence in case of crime or accident especially to protect visitors and employees;
• Measures to protect customers and employees as well as to secure the property of BK Agro International Limited and to prevent, contain and investigate criminally relevant conduct;
• Measures for sanctions checks and compliance checks, control evaluations and audits.
• For security, credit or fraud prevention purposes;
• Asserting legal claims and positions in legal disputes, including land titles registries searches;
• Ensuring the IT security and IT operations of the BK Agro International Limited;
• Managing health and safety incidents;
• In the event of a change of ownership or business combination such as a merger or joint venture. Confidentiality agreements shall be in place to use personal data in a manner consistent with this policy;
• For BK Agro International Limited employees, We may process information for the administration of its workforce, including without limitation information to pay its employees, provide benefits, or make accommodations.
• Disclosure of personal data may occur without knowledge or consent if seeking consent defeats the purpose of the disclosure (eg. investigating the breach of the agreement, contravention of law, compliance with a court order).

1.5  To safeguard legitimate interests in the marketing of our services

BK Agro International Limited processes data to serve our interest in marketing our services. This includes

• To understand, develop markets, promote operations and meet customer needs and preferences and/or determine eligibility for products, and services (e.g. to provide customer service, create and maintain customer databases or facilitate market analysis based on records of purchases, to tailor BK Agro International Limited products/services to customer needs), which may include analysis of executed transactions.
• To develop services and products that are tailored to your interest, as well as further improving the usability of our services;
• To send general newsletters on service, products and related market information;
• To contact you with special offers and other information we believe will be of interest to you.

2. What data is being processed?

The following data, which either BK Agro International Limited itself has collected itself or which a client has transmitted to us, may be collected and evaluated:

Name, gender, age, address, date and place of birth, phone number, email address, nationality, National identification number, occupation/title, name of organization, relevant experience and/or academic and professional qualifications, department, industry, date of agreement, business postal address, business telephone number, business facsimile number, business email address, VAT numbers, tax identification numbers, bank details, bank ownership certificate, language preference, license plate number, driver’s license, passports, identification cards;

BK Agro International Limited shall also collect information regarding its products and services offered in relation to clients:

• Item of transactions, terms, interest, charges, debits, credits and arrears, and the means of payment used by you, such as cheque or bank transfer;
• Financial statements, personal guarantees and other financial and security documents;
• Credit history, credit ratings;
• Payment transactions, payment history, any overdue payments and arrears, recipients and senders, payment orders transmitting intermediaries, amount, purpose and payment references, payer references, payment behaviour, payment service providers, amounts, purpose, originator references, frequency and types of money movement, cashless payment, data on dealers or service providers and information on closed deals;

The following are other web-based and phone-based personal data that we may collect.

• Telephone service data: Frequency, dates and locations of use of telephone services of BK Agro International Limited, and audio recordings of phone calls.
• Data from services, website and communication: Data relating to the use of electronic services and websites, functions of the websites, e-mail messages between you and BK Agro International Limited, and information on the use and subscriptions of newsletters of BK Agro International Limited. If you communicate with us using the “Contact Us” feature, we collect the information you provide when you complete the “Contact Us” form.
• Technical data of end-user-devices: Information about devices and systems used for accessing websites, such as internet protocol (IP) addresses or types and versions of operating systems and web browsers, or location information and other comparable data on devices and systems.

For BK Agro International Limited employees, we may also obtain and process information about an employee’s family status, the names and contact information of family members, banking information and medical information.

3. Who receives my data?

We may need to from time to time disclose or make available personal data to relevant third party service providers (including professional advisors, for customer/vendor relationship management service providers, recruitment services and IT providers and back-office service providers and credit bureaus), business partners, regulatory authorities, financial institutions and potential purchasers of BK Agro International Limited or a BK Agro International Limited business.

We will only grant access to personal data on a need-to-know basis, and such access will be limited to the personal data that is necessary to perform the function for which such access is granted.

3.1  Is there a data transfer to a third country or to an international organization?

A transfer of data to countries other than the country where the office you are doing business with will only take place if this will be necessary for the execution of your orders (eg payment orders), or if so required by law or if you have given us your explicit consent. For BK Agro International Limited employees outside of Nigeria, we may be required to provide certain information to local in-country benefit providers, and employee information may be provided to them.

In addition, data may be transferred to BK Agro International Limited’s subsidiaries or processors in third countries. Information about this can be obtained from us.

4. Which data protection rights do I have?

You may exercise any of these rights:

• The right to request access to your personal data, which includes the right to obtain confirmation from us as to whether or not personal data concerning you is being processed, and where that is the case, access to the personal data and information related to how it is processed.
• The right to rectification of your personal data, which includes the right to have incomplete personal data completed, including by means of providing a supplementary statement. BK Agro International Limited will make reasonable efforts to ensure that the personal data it collects and uses is accurate, up-to-date and complete. Individuals providing personal data will have the opportunity to review and correct their personal data upon written request. BK Agro International Limited will modify the information as required.
• The right to erasure of your personal data, including certain rights to request us to erase your personal data without undue delay.
• The right to restrict processing concerning your personal data, which includes restricting us from continuing to process your personal data under certain circumstances (e.g., where you contest the accuracy of your personal data, processing is unlawful, or your personal data is no longer needed for the purposes of processing).
• The right to object to processing concerning your personal data, where your personal data is processed for direct marketing purposes, where processing is necessary for the performance of a task carried out in the public interest, or where processing is necessary for the purposes of the legitimate interests pursued by BK Agro International Limited or a third party, unless BK Agro International Limited demonstrates compelling legitimate grounds for the processing which override such interests.
• Where data processing is based on your consent, the right to withdraw consent at any time.

5. Am I obliged to provide data?

As part of the business relationship, you must provide us with all personal data that is necessary to enter into and to maintain the business relationship with you, and also those data that we are required by law to collect. If you do not provide us with these data, we will generally decline either to conclude or to complete the contract, we will be unable to execute an existing contract or we would be forced to terminate such contract. However, you are not obliged to give your consent to the processing of data if such data is not necessary for the performance of a contract or is not required by law or regulation.

6. Cookies

Our website uses Cookies. Cookies are text files, which are saved during the visit to your terminal.

Any use of Cookies is for anonymized analysis about the use of the website, or to interact easier with the website and to ensure an error-free use (e.g. to facilitate navigation on a website or to save your preferences and settings for your next visit). This is on the basis of legitimate interest.

Some cookies are saved on your terminal until you delete them. Most of the cookies we use are deleted after your visit on our website (so-called Session-Cookies).

Cookies can be blocked, deactivated, or deleted. You can find information hereto in the “help area” of the web browser you use. If all Cookies are deactivated, upon others the display of the website may be limited.

7. JavaScript and tracking pixels

Our website uses market-based web controls to control and improve our internet presence (JavaScript and tracking pixels). The entire data are recorded anonymously. By using so-called tracking pixels we are able to collect information to check for which screen sizes, browsers and operating systems our internet presence should be optimized. JavaScript is a programming language for evaluating user interactions, modifying, reloading, or generating content.

8. Google Analytics

This website uses Google Analytics, a web analytics service from Google LLC., 1600 Amphitheatre Parkway, Mountain View, CA 94043, USA (“Google”). Google Analytics uses cookies, which are saved on your computer. We process your data based on our legitimate interest in setting up website access statistics. The information generated by the cookie about your use of this website (including your anonymized IP address and pseudonymized ID as well as the URLs of the websites accessed) is transmitted to and stored by Google on servers in the USA. This website uses the given opportunity for IP-anonymization by Google Analytics. Your IP address will be shortened by Google within the member states of the European Union or in other signatory states to the Agreement on the European Economic Area.

On our behalf Google will use this information, to evaluate the use of the website, to create reports about the website activities and to provide us with other services related to the use of the website and the internet.

You can prevent the general storage of cookies by adjusting your browser software accordingly. However, we point out that in this case, you may not be able to use all functions of this website to their full extent.

You can also prevent Google from collecting your data in connection with Google Analytics by downloading and installing the browser plug-in available under the following link:

https://tools.google.com/dlpage/gaoptout?hl=en

For more information on Google’s Terms of Use and Google’s Privacy Policy, please visit https://policies.google.com/?hl=at&gl=at