KWS Seeds LEGAL & PRIVACY POLICIES

Effective Date: April 29, 2026

KWS Seeds, Inc. and its affiliates (collectively, “KWS,” “we,” “us,” and “our”) respect the importance of the privacy of your personal information and are committed to protecting the personal information we receive about you. This KWS Privacy Policy applies to personal information we collect in the course of our interactions with customers in the United States, information collected through your use of the U.S. KWS website at https://www.kws.com/us/en/, through onsite activities, and through other communications or engagements you may have with us. It explains in general terms how we use and store such information, and what choices and rights you have. By interacting with us, providing your information or by using, browsing, or accessing the U.S. KWS website, you agree to the terms of this Privacy Policy.

Your visit to the Site and any dispute over privacy is subject to the Terms of Use, including limitations on damages and application of the law of the State of Minnesota. Use of this Site is strictly voluntary. If you do not agree to the Privacy Policy and Terms of Use, you must immediately log off the Site and may not use the Site. Additionally, we may not be able to assist you in connection with matters relating to our Site.

1. YOUR CONSENT

BY SUBMITTING YOUR PERSONAL INFORMATION TO US, YOU ARE CONSENTING TO THE COLLECTION AND PROCESSING OF YOUR PERSONAL INFORMATION IN THE UNITED STATES AND TO OUR USE OF YOUR PERSONAL INFORMATION AND ANY RELATED INFORMATION IN THE MANNER DESCRIBED IN THIS PRIVACY POLICY, INCLUDING THE TRANSMISSION TO, AND STORAGE AND PROCESSING OF YOUR PERSONAL INFORMATION BY THIRD PARTIES OUTSIDE THE UNITED STATES. IF YOU ARE SUBMITTING PERSONAL INFORMATION OF THIRD PARTIES TO US, YOU WARRANT AND REPRESENT YOU HAVE THEIR CONSENT TO PROVIDE THEIR PERSONAL INFORMATION TO US AND YOU WILL INDEMNIFY US AND HOLD US HARMLESS FROM AND AGAINST CLAIMS BY SUCH INDIVIDUALS RELATING TO OUR PROCESSING AND USE OF SUCH PERSONAL INFORMATION WITHIN THE TERMS OF THIS PRIVACY POLICY.

2. CATEGORIES OF PERSONAL DATA WE COLLECT

2.1. Automatic Information

In general, you can browse the Site without telling us who you are or revealing any personal information about yourself. However, when you use our website for purely informational purposes, meaning you do not register or otherwise transmit information to us, we only collect the personal data that your browser transmits to our server. If you want to view our website, we process the following data, which is technically necessary for us to display our website to you and to ensure stability and security:

  • IP address of your computer or mobile device
  • Date and time of the request
  • Time zone difference from Greenwich Mean Time (GMT)
  • Content of the request (specific page)
  • Access status/HTTP status code
  • Amount of data transferred in each case
  • Website from which the request originates
  • Browser
  • Operating system and its interface
  • Language and version of the browser software.

Cookies and Similar Technologies

We use cookies, may use web beacons and other Internet tracking technologies to support the operation of our website, understand how visitors use our Site, and improve your overall experience. Cookies are small text files that your browser stores on your device when you visit a website. They simply help us recognize your device and remember certain information.

Types of cookies we use:

• Functional Cookies

These cookies are necessary for the Site to function properly. They enable core features such as page navigation, security, and access to certain areas of the website. You cannot opt out of these cookies because the Site cannot operate without them. Functional cookies allow the Site to remember choices you make (such as language preferences) and provide enhanced features that improve your experience.

• Analytics and Performance Cookies

These cookies help us understand how visitors interact with the Site, including which pages are viewed and how users navigate through our content. The information collected is used to improve Site performance.

• Marketing, Advertising and Measurement Technologies

With your permission, we may use cookies, pixels, tags, and similar technologies including analytics and advertising measurement technologies, to evaluate the performance of our marketing activities and deliver relevant content to you.

For marketing purposes, your personal data is also processed for personalized advertising. In this context, cookies and mobile advertising IDs are used for both personalized and non-personalized ads.

Third‑Party Technologies

Some cookies and tracking technologies on our Site may be operated by third‑party service providers. These providers may help us with analytics and marketing measurements or improving website functionality. These third parties may process information about your online activity over time and across different websites or services.

For example, this website uses Google Analytics (provided by Google LLC), a web analytics service provided by Google LLC (“Google”). The information generated by the cookie about your use of this website is generally transmitted to and stored on a Google server in the United States. Where enabled, Google Analytics is configured to collect IP addresses in an anonymized form (IP masking). You can withdraw your consent for analytics or advertising technologies at any time through the cookie banner settings (accessible via the blue cookie‑preferences icon at the bottom‑left of the Site). Only in exceptional cases is the full IP address transmitted to a Google server.

On behalf of the operator of this website, Google will use this information to evaluate your use of the website, to compile reports on website activity, and to provide other services related to website usage and internet usage for the website operator. The IP address transmitted by your browser within the scope of Google Analytics will not be merged with other Google data.

Further information on terms of use and data protection can be found at:
https://policies.google.com/?hl=en&gl=fr.

For more information about how Google processes personal data in connection with Google Ads cookies, please visit: https://business.safety.google/privacy/.

Your Cookies Opt‑Out Choices

  • you can manage or disable cookies through your browser settings (except functional and essential);
  • block only third‑party cookies;
  • delete cookies already stored on your device;
  • receive alerts before cookies are stored.

Please note that if you block certain cookies, some features of the Site may not function correctly. If you consent to advertising or analytics cookies and later change your mind, you can adjust your cookie settings at any time through your browser or through the cookie banner’s settings menu.

Browser-Based Local Storage and Scripting Technologies

We may also use technologies similar to cookies such as HTML5 storage objects to support website functionality. These technologies store data on your device and may remain there even if you disable cookies in your browser. To limit or remove these technologies, you can use your browser’s private browsing mode or clear your browser data. In addition, we use software tools such as JavaScript to measure and collect session information, including page response times, download errors, length of visits to certain pages, page interaction information (such as scrolling and clicks), and methods used to browse on the Site.

2.2. Information You Provide to Us

When you engage in activities with us as a customer, or potential customer − or otherwise interact with us in connection with our products (including as a grower or end user) − whether through direct interactions with KWS, through our sales agents, during onsite visits, at events, or when communicating with us by phone, e‑mail, or other channels − we may ask you to provide certain personal and other information.

This may occur, for example, when you place or prepare to place an order, when we assist you in obtaining a Customer ID, when you request access to or register for the Customer Portal on websites of our affiliates, or when we need information to process, deliver, or support your order. This also includes information collected through a third‑party web portal when you sign a Single Use Agreement with us for the use of certain KWS products.

Depending on the interaction, we may require information that helps us identify you and provide the relevant services, such as:

  • your first and last name;
  • e‑mail address;
  • phone number;
  • business or delivery address;
  • other information necessary to create or maintain your customer account, fulfil your order, or provide related services.

Some of this information may be required to complete the activity you have requested. If you choose not to provide mandatory information, you may not be able to engage in that activity, we may be unable to create a Customer ID for you, grant access to the Customer Portal, process your order, or otherwise assist you. You always have the right to decline to provide information; however, doing so may limit your ability to use certain services or participate in certain interactions with us. When you update information previously provided to us, we may retain a copy of the prior version for our internal records where appropriate.

2.3. E-mail Communications

We may communicate with you via e‑mail in connection with our products, services, programs, and make special offers available or other interactions you have with us as a customer or potential customer.

Your E-mail Communications Opt-out Options

If you do not wish to receive marketing or promotional e‑mails or product‑ or service‑related newsletters from us, you may opt out at any time by clicking the “Unsubscribe” button located at the bottom of our marketing e‑mails.

When you select this option, your request is automatically forwarded to the appropriate contact responsible for processing unsubscribe requests. No additional action is required from you.

Administrative or service‑related messages (for example, information relating to an existing or past order, delivery, or your Customer Portal account) may still be sent where permitted by applicable law.

3. USE AND SHARING PERSONAL DATA

3.1. Our purposes for using your personal information

We process personal information about you for the following purposes:

For operating and improving our business

  • enabling your use of the website;
  • responding to requests for KWS products and related services;
  • improving the performance, functionality, and security of the website;
  • supporting internal business functions such as product development;
  • analyzing trends and user behavior to improve efficiency and support future business needs.

For performing our contracts

  • performance of the contract we have with you;
  • fulfilling orders, delivering products, and providing services you or your company request;
  • providing necessary information and updates related to the products or services supplied under a contract.

For customer service and communications

  • responding to your inquiries and providing support;
  • sending administrative or service‑related notices;
  • administering our programs, initiatives, or events for customers, growers, or partners.

For marketing and research

  • providing information about KWS products, programs, events, and promotions;
  • tailoring content, communications, and product information to your interests;
  • evaluating and improving the effectiveness of our marketing activities.

For analytics

  • understanding how visitors navigate and interact with the website;
  • generating aggregated analytics to inform business decisions and improve user experience.

For security and legal compliance

  • detecting, preventing, and investigating fraud, security incidents, or other harmful activity;
  • complying with legal or regulatory requirements;
  • establishing, exercising, or defending legal claims.

For any other purpose with your consent

If we intend to use personal data for a purpose not described above, we will request your specific consent where required.

3.2. How we share your information

Please be aware, KWS does not sell or rent your personal information for monetary consideration. We may disclose your personal data (via cookies and other website tracking technologies) to third parties which may constitute a “sale,” “sharing,” or “targeted advertising” as those terms are broadly defined under U.S. state laws.

How does it function?

Certain third‑party technologies on our Site, including analytics, measurement, and advertising tools provided by Google, Meta, and similar vendors may collect information about your browsing behavior when you interact with our Site. These technologies operate only with your consent and only for the purposes you authorize. If you decline consent, we will not allow such third parties to create advertising profiles or use your information for targeted advertising across other websites.

If our practices change, we will update this Privacy Policy and provide all required choices.

Your Targeted Advertising Opt‑Out Options

You may opt out of the sharing of your personal information for targeted advertising at any time by:

  • visiting our cookie settings and disabling “Advertising” or “Marketing” cookies (accessible through the blue cookie‑preferences icon located at the bottom‑left of our website);
  • adjusting your browser settings to block or delete cookies;
  • using privacy signals supported by your browser (where applicable).

When you turn these cookies off, we will prevent third‑party technologies from using your personal information for targeted advertising or cross‑context behavioral advertising.

3.3. When we may disclose personal information

Legal and compliance requirements:

  • in response to subpoenas, court orders, search warrants, or other legal processes, or requests, or as may otherwise be required by law, rule, or regulation;
  • where required by applicable law or regulation.

Protection of rights and safety:

  • to protect and defend our rights or property, or those of our affiliates, partners, customers, or others;
  • as we, in our sole discretion, believe it is appropriate under exigent circumstances in response to a perceived threat to the personal safety, property, or rights of any person or organization. This includes exchanging information with other companies and organizations for fraud protection.

Corporate transactions

In addition, since our database is a business asset, in the event we are reorganized or become part of another organization, you consent to the sale, assignment, or transfer of your personal information to a successor that acquires substantially all of our business assets, or to an affiliate, as applicable.

Anonymous statistics

We may always use the information you provide in an anonymous or aggregated format that does not identify you personally, which uses might include, without limitation, evaluating existing products, services, and systems; to assist in the development of new products or services; research; advertising; and to identify trends and changes.

With your consent

In the event we intend to use your personal ‎information for a purpose unique to you, we will obtain your specific consent for the use of your ‎personal information for that purpose.

4. SECURITY OF PERSONAL INFORMATION

We take the security of personal information seriously and we take what we believe to be reasonable precautions and have implemented certain safeguards to protect the security of data and personal information. We may transmit your personal data to third parties outside the United States for storage or processing. We will attempt to ensure that your personal information will be subject to appropriate safeguards and that it is processed and secured in accordance with applicable law. However, we cannot guarantee against any loss, misuse, unauthorized disclosure, or alteration or destruction of data or personal information. While we strive to protect your personal information, we cannot guarantee the security of any information you transmit to or from the Site, by email or otherwise, and you provide such information at your own risk. You acknowledge that: (a) there are security and privacy limitations in computer systems and on the Internet which are beyond our control; (b) the security, integrity, and privacy of any and all information and data exchanged between you and us through the Site, including personal information, cannot be guaranteed; and (c) any such information and data may be viewed or tampered with by a third party while such information or data is being used, transmitted, processed, or stored.

5. OUR RELATIONSHIP TO OTHER WEBSITES

This Privacy Policy does not apply to other websites that may be accessible through the Site. If you visit one of these other websites, we encourage you to read the privacy policies of those other sites to learn how they collect, use, share and secure your information.

We may have functionality on the Site that is provided, in whole or in part, by a third-party service provider. You can usually identify such third-party functionality by the use of a trademark not owned by us on or near the functionality. In that case, when you use the functionality, you become subject to the terms of use and privacy policy of this third party in addition to the Privacy Policy and Terms of Use of our Site. In some cases, you may need to visit that party’s website and locate the terms of use and privacy policy.

6. CHILDREN UNDER THE AGE OF 13

We do not direct this Site to children under the age of 13 and do not sell products for purchase by children under the age of 13. We do not knowingly collect, use, or disclose personal information from children under 13 years of age. If you are under the age of 13, you may use the Site only with the involvement and supervision of a parent or guardian.

7. HOW LONG WE KEEP PERSONAL INFORMATION

We retain personal information in accordance with any records retention policy or program we may implement from time to time. We will retain personal information for the length of time necessary to fulfill the purposes for which we collected the personal information or to demonstrate we have fulfilled our duties or obligations, or retention periods required by applicable law or in which claims may be made or the existence of legal proceedings.

8. YOUR RIGHTS

You may have rights under applicable laws concerning personal information we have collected about you, including the right to know the categories of personal information we have collected about you, the parties to whom it has been disclosed; the right to access your personal information; the right to request deletion of your personal data; the right to request correction of inaccurate personal information; the right to restrict its use; and the right to withdraw consent or opt out. We will honor your rights under any such laws as applicable to us or as we may agree to honor in our sole discretion.

9. PRIVACY REQUESTS

Privacy requests related to access to, rectification of, restriction of, processing of, the accuracy of or objection to the processing of your personal information, withdrawal of consent to handle your personal information, or the right to be forgotten should be sent to us in writing via mail to:

KWS Seeds, Inc.
Attn: Head of IT
5705 West Old Shakopee Road
Suite 110, Bloomington, MN 55437.

In order to protect your information and because people may have the same name, we will only provide or delete personal information that we can verify is associated with your particular email address or where we can reasonably identify the requestor. We will not delete the personal information of a person who still owes a debt to us, as it is considered personal information related to an ongoing transaction. Data collected will be kept accurately and up to date, if applicable. Any errors in data will be rectified as soon as the error becomes known to us.

10. NON-DISCRIMINATION

KWS does not intend to treat you differently for exercising your privacy rights or any privacy choices available to you. This includes, for example, not denying goods or services or providing a different price or level of product or service solely because you exercised your privacy rights and choices.

11. CHANGES TO PRIVACY POLICY

We reserve the right to revise this Privacy Policy, in whole or in part, at any time without notice to you. You expressly waive any right to receive notice of any revisions to this Privacy Policy. We encourage you to review this Privacy Policy regularly in your use of the Site to ensure you are aware of current practices. Any use of the Site following the date on which the revised Privacy Policy is published on the Site shall constitute your acceptance of all such changes.

12. CONTACT

For questions, complaints, or comments related to the Site or this Privacy Policy, please send a written request to the address set forth above. We will attempt to respond to and ‎resolve any complaints to your satisfaction.‎

Last updated: April 29, 2026

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