Mobile Application Privacy Policy (UK) (“TERMS”)

1. Consent to installation of the App

   1. Under data protection laws, we are required to provide you with certain information about who we are, how we process your personal data and for what purposes, and your rights in relation to your personal data and it is important that you read this information.

   2. By installing this App, you consent to us processing your personal data (including your name, contact details, financial and device information).

2. How you can withdraw consent

   1. You may change your mind and withdraw consent at any time by contacting us by email at support@magicscout.app but that will not affect the lawfulness of any processing carried out before you withdraw your consent.

3. Location Data (hereinafter referred to as “GPS”)

   1. By using this App, you consent to the processing of your Location Data (including details of current location disclosed by GPS technology OR by third parties technology) so that location-enabled services are activated for grouping individual observations or using regional algorithms. In each case, we only collect geolocation data with the last figure being deleted for anonymisation.

   2. Bayer AG (hereinafter referred to as “we”) are committed to protecting your personal data and respecting your privacy.

4. Introduction

   1. This policy together with our Mobile Application End-User Licence Agreement (“EULA”) and any additional terms of use incorporated by reference into the EULA, together our “Terms of Use”) applies to your use of:

      1. MagicScout App (which was last updated on 25.01.2024) mobile application software (hereinafter referred to as “App”) is available on the App Store or Google Play (hereinafter referred to as “App Site”) once you have downloaded or streamed a copy of the App onto your mobile telephone or handheld device (hereinafter referred to as “Device”).

      2. MagicTrap (“hereinafter referred to as “Goods”). In order to gain maximum benefit from the App, the Goods will need to be purchased online.

      3. Any service accessible through the App (hereinafter referred to as “Service”) is available on the App Store or Google Play (hereinafter referred to as “Service Site”), unless the EULA states that a separate privacy policy applies to a particular Service, in which case that privacy policy only applies. This policy sets out the basis on which any personal data we collect from you, or that you provide to us, will be processed by us. You must be 18 years or over and a business user to accept these terms and buy the App. Please read the following carefully to understand our practices regarding your personal data and how we will treat it.

5. Important information and who we are

   1. Bayer AG is the controller and is responsible for your personal data (collectively referred to as "we", "us" or "our" in this policy). This App has been developed by us (hereinafter referred to as “Bayer”) and is administered by the same.

6. We have appointed a Group Data Protection Officer (hereinafter referred to as “GDPO”). If you have any questions about this privacy policy, please contact them using the details set out below.

7. Contact details

   1. Our full details are:

• Full name of legal entity: Bayer AG

• Title: Group Data Protection Officer

• Email address: data.privacy@bayer.com 

• Postal address: Bayer AG, 51368 Leverkusen, Germany

8. Changes to the privacy policy and your duty to inform us of changes

   1. We keep our privacy policy under regular review.

   2. It may change and if it does, these changes will be posted on this page and, where appropriate, notified to you by email OR when you next start log into the App. The new policy may be displayed on-screen and you may be required to read and accept the changes to continue your use of the App or the Service.

   3. It is important that the personal data we hold about you is accurate and current. Please keep us informed if your personal data changes during our relationship with you.

9. Third party links

   1. Our Sites may, from time to time, contain links to and from the websites of our partner networks, advertisers and affiliates. Please note that these websites and any services that may be accessible through them have their own privacy policies and that we do not accept any responsibility or liability for these policies or for any personal data that may be collected through these websites or services, such as Contact and Location Data. Please check these policies before you submit any personal data to these websites or use these services.

10. The data we collect about you

    1. We may collect, use, store and transfer different kinds of personal data about you as follows:

• Identity Data

• Contact Data

• Financial Data

• Transaction Data

• Device Data

• Content Data

• Profile Data

• Usage Data

• Marketing and Communications Data

• GPS

  1. We also collect, use and share Aggregated Data such as statistical or demographic data for any purpose. Aggregated Data could be derived from your personal data but is not considered personal data in law as this data will not directly or indirectly reveal your identity. For example, we may aggregate your Usage Data to calculate the percentage of users accessing a specific App feature. However, if we combine or connect Aggregated Data with your personal data so that it can directly or indirectly identify you, we treat the combined data as personal data which will be used in accordance with this privacy policy.

  2. We do not collect any Special Categories of Personal Data about you (this includes details about your race or ethnicity, religious or philosophical beliefs, sexual orientation, political opinions, trade union membership, information about your health, and genetic and biometric data). Nor do we collect any information about criminal convictions and offences.

11. How is your personal data collected?

    1. We will collect and process the following data about you:

       1. Information you give us. This is information (including Identity, Contact, Financial, and Marketing and Communications Data) you consent to giving us about you by filling in forms on the App Site and the Service Sites (hereinafter referred to as; together “Our Sites”), or by corresponding with us for example, by email or chat. It includes information you provide when you register to use the App Site, download or register an App, subscribe to our Service, search for an App or Service, make an in-App purchase, share data via an App's social media functions, enter a competition, promotion or survey, OR other activities commonly carried out in connection with the App and when you report a problem with an App or our Service. If you contact us, we will keep a record of that correspondence.

       2. Information we collect about you and your device. Each time you visit one of Our Sites or use one of our Apps we will automatically collect personal data including Device, Content and Usage Data. We collect this data using cookies and other similar technologies.

       3. Camera. Access to the camera is essential to be able to analyse the information recorded within the App, to provide the Service offered to analyse specific pests, diseases, plants and weeds in the GPS location using algorithms.

       4. Media. To be able to analyse any images you have taken with the Device, the App needs access to the gallery on your Device. This access is essential if you want to have locally stored images analysed.

       5. Location Data. We also use GPS technology to determine your location. Our location-enabled Service requires your personal data for the feature to work. Data collected is geolocation data, which is configured for anonymisation. If you wish to use the particular feature, you will be asked to consent to your data being used for this purpose.

       6. You can withdraw your consent at any time by disabling Location Data in your settings OR by email to support@magicscout.app.

       7. Account deactivation. Your personal data will be deleted.

       8. Information we receive from other sources including third parties and publicly available sources. We will receive personal data about you from various third parties and public sources, such as device data from analytics providers such as Google based outside of the UK.

12. Cookies

    1. We use cookies and/or other tracking technologies to distinguish you from other users of the App, App Site, the distribution platform (Appstore) or Service Sites and to remember your preferences. This helps us to provide you with a good experience when you use the App or browse Our Site and also allows us to improve the App and Our Site.

13. How we use your personal data

    1. We will only use your personal data when the law allows us to do so. Most commonly we will use your personal data in the following circumstances:

• Where you have consented before the processing.

• Where we need to perform a contract we are about to enter or have entered with you.

• Where it is necessary for our legitimate interests (or those of a third party) and your interests and fundamental rights do not override those interests.

• Where we need to comply with a legal or regulatory obligation.

  1. We will only send you direct marketing communications by email or via the App if we have your consent. You have the right to withdraw that consent at any time by contacting us.

     1. We will get your express opt-in consent before we share your personal data with any third party for marketing purposes.

14. Purposes for which we will use your personal data

15. Disclosures of your personal data

When you consent to providing us with your personal data, we will also ask you for your consent to share your personal data with the third parties set out below for the purposes set out in Table 14.

16. Data security

All information you provide to us is stored on our secure servers. Any payment transactions carried out by us, or our chosen third-party provider of payment processing service will be encrypted using encryption technology. Where we have given you (or where you have chosen) a password that enables you to access certain parts of Our Site, you are responsible for keeping this password confidential. We ask you not to share a password with anyone.

Once we have received your information, we will use strict procedures and security features to try to prevent your personal data from being accidentally lost, used or accessed in an unauthorised way.

We have put in place procedures to deal with any suspected personal data breach and will notify you and any applicable regulator when we are legally required to do so.

17. Data retention

In some circumstances you can ask us to delete your data. In some circumstances we will anonymise your personal data (so that it can no longer be associated with you) for research or statistical purposes, in which case we may use this information indefinitely without further notice to you.

18. Glossary

    1. Lawful basis

       1. Consent means processing your personal data where you have signified your agreement by a statement or clear opt-in to processing for a specific purpose. Consent will only be valid if it is a freely given, specific, informed and unambiguous indication of what you want. You can withdraw your consent at any time by contacting us.

       2. Legitimate Interest means the interest of our business in conducting and managing our business to enable us to give you the best service/product and the best and most secure experience. We make sure we consider and balance any potential impact on you (both positive and negative) and your rights before we process your personal data for our legitimate interests. We do not use your personal data for activities where our interests are overridden by the impact on you (unless we have your consent or are otherwise required or permitted to by law). You can obtain further information about how we assess our legitimate interests against any potential impact on you in respect of specific activities by contacting us.

       3. Performance of Contract means processing your data where it is necessary for the performance of a contract to which you are a party or to take steps at your request before entering into such a contract.

       4. Comply with a legal obligation means processing your personal data where it is necessary for compliance with a legal obligation that we are subject to.

    2. Third parties

       1. Internal third parties

       2. Other companies in the Bayer Group acting as joint controllers or processors and who are based in UK and provide IT and system administration service and undertake leadership reporting.

       3. External third parties

          1. We use service and content in our App. If you are directed to a third party, that party may also process your personal data and you need to check with them how they manage your personal data. These include:

          2. Instagram. Instagram Help Center

          3. X. X Privacy Policy (twitter.com)

          4. LinkedIn. LinkedIn Privacy Policy

          5. Facebook. Meta Privacy Center on social media

          6. We use an App analysis service of Google Inc., 1600 Amphitheatre Parkway, Mountain View, CA 94043, United States (hereinafter referred to as “Google”). We have authorised Google to analyse your use of our App on your Device to provide a Service. Examples of information collected by Google when you use our App include App content you retrieve, your language settings, the operating system you are using, your screen resolution etc. This is transmitted to a Google server in the United States, where it is stored and analysed. The results are then made available to us in anonymised form. Your usage data will not be connected to your full IP address during this process. On our App, we have activated Google’s IP anonymising function, which will delete the last 8 digits (type IPv4) or the last 80 bits (type IPv6) of your IP address after each data transfer to Google. By concluding special agreements with Google we also ensure that an adequate level of data protection is guaranteed with respect to the processing of personal data by Google in the United States. You can withdraw your consent at any time, by deactivating the App analytics. Google – Privacy & Terms

       4. HM Revenue and Customs, regulators and other authorities acting as processors or joint controllers based in the UK who require reporting of processing activities in certain circumstances.

19. Your legal rights

    1. You have the right to:

• Request access to your personal data (hereinafter referred to as a "Data Subject Access Request"). This enables you to receive a copy of the personal data we hold about you and to check that we are lawfully processing it.

• Request correction of the personal data that we hold about you. This enables you to have any incomplete or inaccurate data we hold about you corrected, though we may need to verify the accuracy of the new data you provide to us.

• Request erasure of your personal data. This enables you to ask us to delete or remove personal data where there is no good reason for us continuing to process it. You also have the right to ask us to delete or remove your personal data where you have successfully exercised your right to object to processing (see below), where we may have processed your information unlawfully or where we are required to erase your personal data to comply with local law. Note, however, that we may not always be able to comply with your request of erasure for specific legal reasons which will be notified to you, if applicable, at the time of your request.

• Object to processing of your personal data where we are relying on a legitimate interest (or those of a third party) and there is something about your particular situation which makes you want to object to processing on this ground as you feel it impacts on your fundamental rights and freedoms. You also have the right to object where we are processing your personal data for direct marketing purposes. In some cases, we may demonstrate that we have compelling legitimate grounds to process your information which override your rights and freedoms.

• Request restriction of processing of your personal data. This enables you to ask us to suspend the processing of your personal data in the following scenarios:

  1. if you want us to establish the data's accuracy;

  2. where our use of the data is unlawful, but you do not want us to erase it;

  3. where you need us to hold the data even if we no longer require it as you need it to establish, exercise or defend legal claims; or

  4. you have objected to our use of your data, but we need to verify whether we have overriding legitimate grounds to use it.

• Request the transfer of your personal data to you or to a third party. We will provide to you, or a third party you have chosen, your personal data in a structured, commonly used, machine-readable format. Note that this right only applies to automated information which you initially provided consent for us to use or where we used the information to perform a contract with you.

• Withdraw consent at any time where we are relying on consent to process your personal data. However, this will not affect the lawfulness of any processing carried out before you withdraw your consent. If you withdraw your consent, we may not be able to provide certain products or service to you. We will advise you if this is the case at the time you withdraw your consent.

20. Description of categories of personal data

• Identity Data: First name, last name, maiden name, username or similar identifier, marital status, title, date of birth, gender.

• Contact Data: billing address, delivery address, email address and telephone numbers.

• Financial Data: bank account and payment card details.

• Transaction Data: includes details about payments to and from you and details of in-App purchases.

• Device Data: includes the type of mobile device you use, a unique device identifier for example, your Device's IMEI number, the MAC address of the Device's wireless network interface, or the mobile phone number used by the Device, mobile network information, your mobile operating system, the type of mobile browser you use and time zone setting.

• Content Data: includes information stored on your Device, including login information, photos, videos or other digital content and check-ins.

• Profile Data: includes your username and password, in-App purchase history, your interests, preferences, feedback and survey responses.

• Usage Data: includes details of your use of any of our Apps or your visits to any of Our Sites including, but not limited to, traffic data and other communication data, whether this is required for our own billing purposes or otherwise and the resources that you access.

• Marketing and Communications Data: includes your preferences in receiving marketing from us and our third parties and your communication preferences.

• Location Data: includes your current location disclosed by GPS technology.

  Edition June 2024