Bayer Digital Pest Management System

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Terms & Conditions

Effective Date: 30/10/2020

 

Installation, Monitoring and Maintenance of DPM System.

A pest control service provider shall install and monitor Bayer’s Digital Pest Management System (“DPM System”) at customer’s service location in accordance with Bayer’s system procedures and customer’s integrated pest management program.

The DPM System will send real time alerts from the trap sensors 24 hours a day, 7 days a week for as long as the system is active at customer’s service location. When rodents are detected by the DPM System, the pest control service provider shall take appropriate actions in accordance with customer’s IPM program.

The DPM System relies on cellular communication, cloud servers, and radio wave transmissions. These methods of communication are operated and maintained with standard industry service level performance. As a result, Bayer cannot guarantee uninterrupted transmission at all times. Bayer shall not be liable for transmission disruptions that result from such maintenance and service interruptions

 

DPM System Performance

To ensure optimal performance of the DPM System, please notify your service provider prior to any major structural modifications to the service location.

The DPM System is intended for monitoring early detection of rodents present in the structure and does not utilise any prevention or control strategies to protect the structure from an infestation by rodents. It is intended to work in conjunction with the IPM Program in place.

The DPM System will not detect any existing or new damage caused internally by rodents. Bayer will not be responsible for any damage caused by such infestation. The installation of the DPM System is not a guarantee that all rodents will be detected in the Service Location(s).

In the result of a system failure Bayer may require access to customer’s service location during normal business hours to ensure performance of the DPM System.

Bayer makes no guarantees or warranties, expressed or implied, except those specifically stated herein. Bayer expressly disclaims all warranties of merchantability or fitness for a particular purpose.

Depending on facility size, type of devices monitored and connectivity, additional and/or a different type of Gateway may be required for proper system function final determination of Gateway configuration that is needed will be verified during the site assessment survey. The outcome of the survey may result in an financial increase.

 

Access and Use of Data

Bayer shall allow Service Provider and Customer access to data collected or created by the DPM System (“DPM Data”). DPM Data shall include all data generated by the trap sensors, along with the system status at the Service Location. Bayer authorizes Service Provider to use such DPM Data to perform its obligations to Customer in accordance with Customer’s IPM Program. DPM Data shall be considered Confidential Information under this Agreement.

Bayer will use DPM Data to develop enhancements to the DPM System, support its digital pest monitoring initiative, perform predictive analysis, and validate the effective performance of the DPM System. Bayer will not disclose DPM Data to any non-affiliated third parties unless such DPM Data is used in an aggregate and anonymous format for purposes of generic industry analysis and for establishing industry benchmarking standards.

 

Termination.

Bayer’s liability under these Terms and Conditions will terminate and it will be released from the performance of any obligations if: (i) Customer terminates its relationship with Service Provider; (ii) Customer allows another pest control operator and/or Service Provider to service the DPM System without Bayer’s consent or (iii) Customer utilizes any technology or products that could cause interference with DPM System.

 

Entire Terms and Conditions.

These Terms and Conditions shall be Bayer’s sole terms and conditions governing the DPM System. No other representation or statements, whether oral or written, are binding upon Bayer. No modification of, addition to, or waiver of any of the terms or conditions contained herein will be enforceable unless set forth in a writing containing an express reference to these Terms and Conditions, and signed by an authorized representative of Bayer. If any part of these Terms and Conditions are held to be invalid or unenforceable for any reason, the remaining terms and conditions contained herein will remain in full force and effect.

 

Governing Law.

These Terms and Conditions will be governed by and construed in accordance with the laws of England and Wales.

 

Limits of Liability.

Bayer will not be liable for damage to, property, birds, animals or vegetation and, under no circumstances, will Bayer be responsible for any damage caused, or allegedly caused by contamination of rodents. To the fullest extent permitted by law, Bayer will not be liable for loss of use, loss of income or any other compensatory and/or consequential damages whatsoever arising from services provided under these Terms and Conditions.

 

ALWAYS READ AND FOLLOW LABEL INSTRUCTIONS.

 

Privacy Statement

We know your privacy is important to you, and our aim with this Privacy Statement is to help you make informed choices about your personal data. This Privacy Statement explains what personal data we collect about you, what we do with it, and how you can control it in connection with our websites, mobile apps, or other online services (the “Site”). This Privacy Statement also applies to the personal data we collect through hardcopy means.

You can navigate to any of the sections of this Privacy Statement using the links below:

Why we collect your information

The term “personal data” can have different meanings depending on applicable law. In general, we use the term “personal data” to mean information that can uniquely identify you, but we will treat information we collect from you as personal data wherever necessary under applicable law.

We collect personal data about you for the following reasons:

For our internal efforts to operate and improve our business. This could include:

  • Enabling your use of our services and fulfilling your requests for certain products and services.
  • Making the Site or our current products better.
  • Developing new products or new content for the Site.
  • Using the information for internal financial activities like auditing, billing, and forecasting.
  • Performing data analysis to identify ways we can operate more efficiently or expand our business.
  • Verifying and maintaining the quality and safety of our products.

For advertising and marketing purposes. This could include:

  • Sending you information on promotions or surveys we offer, or information about us and our events.
  • Enhancing, personalizing and evaluating the effectiveness of the content of our Site, our communications with you, and our advertising and marketing.

For our general administrative purposes. For example, we may need your information to tell you about important changes to the Site, manage your registered account, or provide account credit or other customer service to you. We may also need your information to administer promotions or programs we offer.

For security purposes, as necessary to help us protect against, identify, or investigate fraud or other criminal activity.

For other legal purposes, if we have a legal obligation, or need to pursue or defend against legal claims, for which we need to process your information.

For communication purposes, to get in touch with you in connection with any of the reasons discussed above.

How long we keep your information

We will keep your information for as long as we need it to carry out the purposes described above, and as necessary to comply with statutory and regulatory retention requirements. We will also keep your information as necessary to comply with other legal obligations we may have, such as in connection with litigation.

What information we collect about you

Information you provide. We may collect your first and last name, email, street address, state, post code, age, gender, demographic information, preferences, or other information you voluntarily send to us through the Site or through communications with us, including when you:

  • Create an account
  • Register for a service
  • Subscribe to a mailing list
  • Fill out a hardcopy form
  • Contact us for any reason

Information gathered automatically. When you visit the Site, we may automatically collect information directly or through our third-party analytics providers. That information may include:

  • Your IP address
  • Your device identifier
  • Your internet-service provider’s name
  • Browser type and language
  • Operating system
  • Session identification number
  • Search terms, search results
  • Online browsing data or “clickstream data” (e.g., date and time of access to the Site, referring website address, pages viewed, features used, links clicked, and other actions you take in connection with the website)

We (and third parties acting on our behalf) may collect this information directly from your browser interacting with our Site. We may also collect it through cookies and similar technologies, which typically work by placing a small file (like a text file or graphic) on your browser, and the file is used to identify your device and to collect information. In this Privacy Statement, we use the term “cookies” in general to refer to these technologies. Cookies are typically assigned to one of four categories, depending on their function and intended purpose:

  • Essential Cookies: These cookies are necessary for our Site to operate properly and enable you to use its features.
  • Performance Cookies: These cookies collect information about how you use our Site and are used to improve and personalize future web experiences and deliver content more relevant to your interests. Our promotional communications may include these cookies to measure performance and deliver more relevant offers/content based on preferences.
  • Functional Cookies: These cookies allow our Site to remember choices you make and provide more personal features as well as services you have asked for. The information collected may be anonymized and is not used to track your browsing activities on other websites.
  • Marketing Cookies: We use cookies to help us deliver our content and advertising. You can find more information below on advertising, including your choices with respect to these cookies.

Location-based information. When you access the Site, we may collect information related to your location through your device’s GPS, Wi-Fi, Bluetooth, or IP address. Your device may provide ways to prevent sharing your location, like disabling location-based services or turning off your GPS, Wi-Fi, or Bluetooth. If you disable any location-based services on your device, you may not be able to use certain features of the Site.

Other sources. We may collect information about you from other sources such as our affiliates, public and third-party databases, and other third parties. For example, if you elect to participate in analytics, communications, or marketing programs, including those offered or run by third parties, we may enhance your information by obtaining or merging that information with technical, cookie, or other data we collect or that we receive from third parties.

How we share your information

We may share your information:

  • With our affiliates and other companies in which we have an economic interest or ownership rights.
  • With others working for us, which includes third parties that perform services on our behalf such as running our Site, sending communications for us, and executing marketing programs and promotions.
  • With other third parties, such as law enforcement or other government entities: (1) if we believe there has been a violation of our Site policies; (2) if we believe that someone may be causing injury to our rights or property, to other users, or to anyone else; (3) to provide information to law enforcement; or (4) as required by law.
  • As part of a corporate restructure, such as a liquidation, reorganization, merger, sale of the company, consolidation, change of control, asset or stock acquisition/disposition, or other corporate combination. If that happens, we will use reasonable efforts to make sure the transferee uses your information in a manner consistent with this Privacy Statement.

We do not share your personal data with any third-party vendor or website owner for their own marketing purposes.

How you can control your information

You may review and change any personal data in your account profile and, where applicable, personal account preferences, stored in our system if you believe it may be out of date or incorrect. And where you have provided your consent for us to use your information, you may request to withdraw that consent for future uses of your information. Where applicable, you may log in to your account to update your information or preferences, which may include revoking consent to certain communication outreach and marketing uses. You may also contact us at the address provided in the Contact us section below.

You may always opt out of receiving future commercial email or text messages from us by following the opt-out instructions in emails or texts we send you, or by contacting us at the address provided below. Please be aware that if you opt out of receiving commercial messages from us, it may take up to ten (10) business days for us to process your opt-out request, and you may receive commercial messages from us during that period. Please note that if you opt out of future text messages, this opt-out list is separate from our email preferences and opt-out lists.

Even if you opt out of receiving promotional and marketing material, we may still correspond with you about your existing or past business relationships with us (e.g., any purchase of our products or use of our services, or responses to your requests for information either through the website or other means). We may also access and view your information in the course of maintaining and improving the Site and our services.

How we protect your information

We have implemented technical, administrative, and physical security measures designed to protect your personal data from unauthorized access, disclosure, use, and modification. Although we strive to keep your personal data secure, no security measures are absolute. Use caution when transmitting personal data over the Internet.

Changes to this Privacy Statement

We may update this Privacy Statement from time to time. When we do, we will post it on the Site and include the effective date of the update. If there are material changes to our Privacy Statement, we will post a prominent notice on our Site and provide other notice as required by law.

Contact us

Bayer CropScience Ltd
230 Science Park

Milton

Cambridge

CB4 0WB
pestsolutions@bayer.com

00800 1214 9451.