Privacy Statement

A. Categories of personal data we collect

We collect information that identifies, relates to, describes, references, is reasonably capable of being associated with, or could reasonably be linked, directly or indirectly, with a particular consumer or household (“personal data”), some of which may be considered sensitive personal data under applicable law. In particular, we have collected one or more data types in the following categories of personal data from consumers (including within the twelve (12) months preceding the effective date of this privacy statement):

B. Our purposes for processing personal data

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, contests, rewards or surveys we offer, Bayer Consumer Health products, our affiliate’s products, and our events.
• Enhancing, personalizing and evaluating the effectiveness of the content of our Site, our communications with you, and our advertising and marketing.
• Auditing related to a current interaction with the consumer and concurrent transactions, including, but not limited to, counting ad impressions, verifying positioning and quality of ad impressions, and auditing compliance with this specification and other standards.
• Attracting consumers to buy or subscribe to products, or enabling or effecting, directly or indirectly, a commercial transaction.

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 social media engagement. We use social media accounts (including Facebook, Twitter, YouTube, Pinterest, and Instagram) to engage with the public. This engagement allows us to build online awareness about our company and our products; respond to messages through the comment, message, or chat functions; collect aggregated information about interactions with our content; analyze trends; identify and profile brand advocates and key influencers; and conduct social media listening of conversations about our company and our products. When you engage with us through our social-media channels, the platform providers will also process information about you. For further information, please consult the privacy policy of the platform provider.

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.

C. Sources of personal data

1. Information you provide to us.
We may collect personal data that you provide directly to us, including when you:

• Create an account
• Register for a service
• Subscribe to a mailing list
• Join a rewards program
• Enter into a contest, sweepstakes, or other promotion/offer
• Request a rebate
• Order a product
• Comment on a social media post
• Fill out a hardcopy form
• Contact us for any reason

2. Information gathered automatically.
When you visit the Site, we may automatically collect information directly from you or your devices, or through our third-party analytics providers, including information about your browsing activities and how you interact with our communications and other parts of our Site.

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. As another example, we may capture how you use and interact with our Site using technologies such as session replay to improve and troubleshoot our services. 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:

• Strictly Necessary Cookies: These cookies are necessary for the Site to function and cannot be switched off in our systems. They are usually only set in response to actions made by you which amount to a request for services, such as setting your privacy preferences, logging in or filling in forms. Of course, you may use our Site without any cookies being set. In your browser, you can at any time configure or completely deactivate the use of cookies. This may, however, lead to a restriction of the functions or have adverse effects on the user-friendliness of our Site.
• Analytics Cookies: Analytical Cookies will help us to analyze your use of and improve the performance of our Site. For example, our promotional communications may include these cookies to measure performance and deliver more relevant offers/content based on preferences. If you do not allow these cookies we will not know when you have visited our Site, and will not be able to monitor its performance.
• Functional Cookies: These cookies enable the Site to provide enhanced functionality and personalization, including the services you asked for. They may be set by us or by third party providers whose services we have added to our pages. The information collected is not used to track your browsing activities on non-affiliated websites. If you do not allow these cookies then some or all of these services may not function properly.
  

• Targeting Cookies: We and our partners will use this information to better tailor our content and advertisements to you and your interests, including to limit the number of times you are shown the same advertisement, to evaluate the efficiency of promotional campaigns, and to better comprehend the behavior of visitors after they have looked at a certain ad. Third parties may collect this information over time and combine it with information collected on different websites and online services across your devices. When you visit another website of an Advertisement Network, customized pop-ups tailored to your interests can be presented to you on the basis of the information collected on our Site. Some of the analytics services we use are listed below. For information about how those services collect and process data, click on the accompanying links. Please note that we are not responsible for the privacy practices of these third parties, or the content provided in their privacy statements.

Some of the analytics services we use are listed below. For information about how those services collect and process data, click on the accompanying links. Please note that we are not responsible for the privacy practices of these third parties, or the content provided in their privacy statements.

• Google Analytics (www.google.com/policies/privacy/partners/)
• Flurry (https://policies.oath.com/us/en/oath/privacy/index.html)
• Adobe (https://www.adobe.com/privacy.html)
• Crazy Egg (https://www.crazyegg.com/privacy, https://www.crazyegg.com/opt-out)

We participate in the Adobe Marketing Cloud Device Co-op to better understand how you use our websites and apps across your devices, and to deliver tailored advertising and marketing. Visit https://cross-device-privacy.adobe.com to learn more about the Adobe Marketing Cloud Device Co-op and to manage your choices relating to this linking of devices.

3. Information from social media.
We may collect information when you interact with us through social media, including through the use of cookies. And if you link our Site with a social media account, then we may collect certain information related to that account. You may have the ability to control what information is shared from your linked social-media account by adjusting the privacy settings for that account.

We also use a third-party social-listening platform that compiles publicly accessible content on the internet in order to create aggregate reports that allow us to better understand our brand categories and more effectively market our products. This publicly accessible content may include personal data, such as your name or username in connection with a social media profile. To the extent we obtain any such information, we will maintain it in accordance with this privacy statement and use it only for the purposes described in this privacy statement.

4. Information from third parties and other sources.
We may collect information about you from other sources such as our affiliates, public and third-party databases, and other third parties such as data brokers and advertising networks. 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.

D. Third parties with whom we share personal data

We may share all of the categories of information that we collect:

• 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 business partners, such as retailers with whom we partner for marketing or other purposes described in this privacy statement.
• 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.
• With other entities where you give us your permission.

We do not share your personal data with any third-party vendor or website owner for their own marketing purposes. In the twelve (12) months preceding the effective date of this Privacy Statement, we have not sold personal data of California consumers.

E. How long we keep your information

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

F. How you can control your information

1. Personal Data. 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.

2. Promotional Materials. 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.

3. Cookies, interest-based advertising and AdChoices. Most browsers are set up to accept cookies automatically. You can deactivate the storing of cookies or adjust your browser to inform you before the cookie is stored on your computer. You can find more information about cookies and how they work at https://www.allaboutcookies.org/. You can visit the Cookie Settings link at the bottom of each Bayer Crop Science website to manage your optional cookies.

In the case of third-party cookies for interest-based advertising, you can opt out of receiving interest-based ads from members of the Digital Advertising Alliance at http://www.aboutads.info/choices/ for web properties or at https://youradchoices.com/appchoices for mobile apps.

4. Location-based information. 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.

5. Global Privacy Controls / Do Not Track. We recognize Global Privacy Control (“GPC”) signals, which are browser-based opt-out preference signals that can communicate your request to opt-out of sharing of your personal data. For more information on how the GPC works, visit their website here. Please note that some browsers may not natively support GPC functionality, or, if such functionality is supported by a particular browser, it may not be turned on by default. Our GPC signals do not apply to offline sharing and are processed at the browser level, meaning you will need to enable the signal separately for each browser or device you use to ensure that we recognize the signal. Please consult your browser’s settings or your browser’s website for more information on how your browser may support GPC functionality.
Some browsers have “do not track” features that allow you to tell a website not to track you. These features are not all uniform. We do not currently respond to those signals. Instead, we collect, use, and share information as described in this privacy statement regardless of a “do not track” choice.

G. 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.

H. Children’s personal data

In light of the importance of protecting children's privacy, we do not collect, process or use on our Site any information relating to an individual whom we know to be under 16 years old without the prior, verifiable consent of his or her legal representative. Such legal representative has the right, upon request, to view the information provided by the child and/or to require that it be deleted. Just contact us at the address provided in the Contact us section below. We also do not knowingly sell or share for cross-context behavioral advertising the personal information of consumers we know to be under 16 years of age.

I. Links to third-party websites

We may provide links to other websites maintained by unaffiliated third parties for your convenience. But that should not be taken as our endorsement or approval of those websites or their content. We do not maintain those third-party websites and are not responsible for the availability, accuracy, or quality of their content. We make no representations or warranties whatsoever about any other website which you may choose to access through our Site. You should review the terms and conditions related to the use of any third-party websites before using them.

J. Consumer rights under the U.S. Privacy Laws

This section describes how to exercise your rights under applicable U.S. data privacy law.

Depending on the jurisdiction in which you live, you may have the following rights:

• Right to Know and Access. The right to know and access the following information:
  
  1. The categories of personal data we have collected about you.
  2. The categories of sources from which we collected the personal data.
  3. Our business or commercial purposes for collecting or sharing personal data.
  4. The categories of third parties to whom we share personal data.
  5. The specific pieces of personal data the business has collected about you.

• Data Portability. The right to receive your personal data in an electronic format that allows you to transmit your personal data to another entity without hindrance.

• Correction or Deletion. The right to ask us to correct or delete the personal data we have collected from you.
  
  
• Opt-out of Sharing. The right to request to opt out of certain sharing of your personal information for cross-context behavioral advertising purposes or to opt out of the processing of your personal information for targeted advertising. To exercise these rights, you may visit the Cookie Settings link at the bottom of each Bayer Crop Science website. You may also enable the GPC as discussed above.
  
  
• Right to Withdraw Consent. Where our processing of your personal data is based on consent, you have the right to withdraw consent at any time.

We reserve the right to deny requests in certain circumstances, such as where we have a reasonable belief that the request is fraudulent, where your identity cannot be confirmed, if applicable, where we must retain your information to comply with legal obligations, or where others provided for under applicable U.S. data privacy law. Consumers in some states may also authorize an agent to make data subject requests on their behalf.

Depending on the jurisdiction in which you live, you may have the right to appeal our refusal to take action on your request. You may indicate your intention to appeal in the manner through which your request was originally processed.

K. Non-discrimination

Your privacy rights are important. We will not discriminate against you for exercising your rights and choices, although some of the functionality and features available on the Site may change or no longer be available to you. If you exercise your privacy rights, we will not do any of the following in retaliation:

• Deny you goods or services.
• Charge you different prices or rates for goods or services, including through the use of discounts or other benefits, or imposing penalties.
• Provide you a different level or quality of goods or services.
• Suggest that you may receive a different price or rate for goods or services or a different level or quality of goods or services.

L. How to submit a request

To submit a request regarding your rights under applicable U.S. data privacy law, you or your authorized agent can contact us here, or call us at 844-BAYER-DP (844-229-3737). You do not have to create an account with us to submit a request.

We can only respond to your request if it is verifiable. This means we are obligated to take reasonable steps to verify your identity and your right to submit certain requests. We will typically do this through an email verification process asking you to confirm your identity and verify that you have made the request. Where necessary, we may ask you to provide additional information that will help us do so. We will only use this information in the verification process, and not for any other purpose.
We do not charge a fee to process or respond to your verifiable consumer request unless it is excessive, repetitive, or manifestly unfounded. If we determine that the request warrants a fee, we will tell you why we made that decision and provide you with a cost estimate before completing your request.

If you are a Nevada resident, contact us here.

M. 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.

N. Contact us

Bayer U.S. LLC
U.S. Data Privacy
100 Bayer Boulevard
Whippany, NJ 07981
Email