Effective Date: July 1, 2020
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.
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.
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.
Information you provide. We may collect your first and last name, email, street address, state, zip 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
- 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
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.
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/. 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.
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.
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.
Information from social media 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. 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.
We may collect information when you interact with us through social media. 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.
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.
We may use third-party providers to collect and analyze information about your use of the Site. These providers may collect information about your online activities over time and across third-party websites and other online services using cookies and other tracking technologies discussed above in connection with your use of the Site. You may be able to manage how these providers collect information by changing your browser’s cookie settings. Please consult the What information we collect about you section for more information about cookies. And remember that changes you make for one browser won’t carry over to other browsers you use.
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.
If you have additional questions, you may contact us at the address provided in the Contact us section below.
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.
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.
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 13 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 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.
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.
Bayer U.S. LLC
U.S. Office of Compliance – Data Privacy
100 Bayer Boulevard
Whippany, NJ 07981
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 California consumer or household (“personal data”). In particular, we have collected one or more data types in the following categories of personal data from consumers within the twelve (12) months preceding the effective date of this Privacy Statement:
|Category||One or More Data Types Collected?|
|A. Identifiers such as a real name, alias, postal address, unique personal identifier, online identifier, Internet Protocol address, email address, account name, social security number, driver’s license number, passport number, or other similar identifiers.||Yes|
|B. Any categories of personal data described in Cal. Civ. Code § 1798.80(e), such as name, signature, social security number, physical characteristics or description, address, telephone number, passport number, driver’s license or state identification card number, insurance policy number, education, employment, employment history, bank account number, credit card number, debit card number, or any other financial information, medical information, or health insurance information.||Yes|
|C. Characteristics of protected classifications under California or federal law.||Yes|
|D. Commercial information, including records of personal property, products or services purchased, obtained, or considered, or other purchasing or consuming histories or tendencies.||Yes|
|E. Biometric information, for example imagery of the iris, retina, fingerprint, face, hand, palm, vein patterns, and voice recordings, from which an identifier template, such as a faceprint, a minutiae template, or a voiceprint, can be extracted, and keystroke patterns or rhythms, gait patterns or rhythms, and sleep, health, or exercise data that contain identifying information.||Yes|
|F. Internet or other electronic network activity information, including, but not limited to, browsing history, search history, and information regarding a consumer’s interaction with an Internet Web site, application, or advertisement.||Yes|
|G. Geolocation data.||Yes|
|H. Audio, electronic, visual, thermal, olfactory, or similar information.||Yes|
|I. Professional or employment-related information.||Yes|
|J. Non-public education information.||No|
|K. Inferences drawn from any of the information identified in this subdivision to create a profile about a consumer reflecting the consumer’s preferences, characteristics, psychological trends, predispositions, behavior, attitudes, intelligence, abilities, and aptitudes.||Yes|
For additional information, see What information we collect about you.
Categories of sources of personal data
We obtain the categories of personal data listed above from the following categories of sources:
- Directly from our consumers (for example, information provided through the Site, hardcopy forms, or other communications with us).
- From consumers’ activity on the Site (for example, Site visit information collected directly or through third-party analytics providers).
- From a device’s GPS, Wi-Fi, Bluetooth, or IP address.
- From social media, marketing partners, and other sources (for example, affiliates, public and third-party databases, and other third parties).
For additional information, see What information we collect about you.
Our business and commercial purposes for collecting personal data
We use the personal data we collect for our operational purposes or other purposes set out in this Privacy Statement (see Why we collect your information). Those purposes may include:
- Auditing related to a current interaction with the consumer and concurrent transactions, including, but not limited to, counting ad impressions to unique visitors, verifying positioning and quality of ad impressions, and auditing compliance with this specification and other standards.
- Detecting security incidents, protecting against malicious, deceptive, fraudulent, or illegal activity, and prosecuting those responsible for that activity.
- Debugging to identify and repair errors that impair existing intended functionality.
- Short-term, transient use, provided the personal data is not disclosed to another third party and is not used to build a profile about a consumer or otherwise alter an individual consumer’s experience outside the current interaction, including, but not limited to, the contextual customization of ads shown as part of the same interaction.
- Performing services on behalf of the business or service provider, including maintaining or servicing accounts, providing customer service, processing or fulfilling orders and transactions, verifying customer information, processing payments, providing financing, providing advertising or marketing services, providing analytic services, or providing similar services on behalf of the business or service provider.
- Undertaking internal research for technological development and demonstration.
- Undertaking activities to verify or maintain the quality or safety of a service or device that is owned, manufactured, manufactured for, or controlled by the business, and to improve, upgrade, or enhance the service or device that is owned, manufactured, manufactured for, or controlled by the business.
In the twelve (12) months preceding the effective date of this Privacy Statement, we have disclosed one or more data types in the following categories of personal data of California consumers for a business purpose:
Category A: Identifiers.
Category B: Categories of personal data described in Cal. Civ. Code § 1798.80(e).
Category C: Characteristics of protected classifications under California or federal law.
Category D: Commercial information.
Category E: Health or biometric information.
Category F: Internet or other electronic network activity information.
Category G: Geolocation data.
Category H: Audio, electronic, visual, thermal, olfactory, or similar information.
Category I: Professional or employment-related information.
Category K: Inferences drawn from other personal data.
We also use the personal data we collect for our commercial or economic purposes, such as attracting consumers to buy, rent, lease, join, subscribe to, provide, or exchange products, goods, property, information, or services, or enabling or effecting, directly or indirectly, a commercial transaction.
Categories of third parties with whom we share personal data
For information on where we share personal data, see How we share your information.
In the twelve (12) months preceding the effective date of this Privacy Statement, we have not sold personal data of California consumers.
Rights of California residents
If you are a California resident, you have the right to ask us to send you the following information:
- The categories of personal data we have collected about you.
- The categories of sources from which we collected the personal data.
- Our business or commercial purpose for collecting personal data.
- The categories of third parties with whom we share personal data.
- The specific pieces of personal data the business has collected about you.
If you are a California resident, you have the right to ask us to delete the personal data we have collected from you.
Your privacy rights are important. If you exercise your privacy rights under California law, 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.
How California residents can submit requests
If you are a California resident and you want to submit a request to us regarding your California rights, 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 access the information you request. We may ask you to provide additional information that will help us do so. We will only use that additional 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.