BYDV Assist

Thank you for downloading the BYDV Assist App.

PLEASE NOTE that Syngenta does not provide any guarantees or accept any liability with respect to the calculated BYDV risk assessment, spray guidance or any other outputs obtained through the App. You agree that you are responsible for inspecting your fields and exercising your judgment in deciding whether to follow or implement spray application guidance or other outputs. We draw your attention to the “Disclaimer” and “Limitation of liability” paragraphs in the full text of the terms and conditions below. PLEASE NOTE our basic information on personal data protection. Data Controllers: Syngenta UK Limited and Syngenta Ireland Limited. Purpose and lawfulness of processing: The provision of spray application guidance based on the full terms and conditions below. The improvement of the App and the underlying algorithms based on Syngenta’s legitimate interests. Recipients: The Syngenta group of companies. Service Providers. Processors outside the EU. Rights: You have the right of access, rectification and erasure as well as other rights and additional information which you can see in the full text of the privacy notice below.

Terms & Conditions: Version Date: July 22, 2019.

Please take a few minutes to carefully review these Terms & Conditions. By using the App you agree to comply with and be bound by the BYDV Terms & Conditions. We reserve the right to make changes to these Terms & Conditions when we issue an updated version of the BYDV application (the “App”). If we do so, we will ask you to accept the updated Terms & Conditions before your first use of the updated App.

Introduction. In these Terms & Conditions, “Syngenta” and “we”, “us” and “our” means Syngenta UK Limited (reg’d co. no. 00849037, reg’d office address Cpc4, Capital Park, Fulbourn, Cambridge, CB21 5XE), Syngenta Ireland Limited (reg’d co. no. 021021), reg’d office address 6th Floor, South Bank House, Barrow Street, Dublin 4, D04TR29 and our group companies.

If you download and use the App on behalf of a company or other business entity (“Business”), you represent and warrant that you are authorized to bind the Business to the Terms & Conditions. Unless the context otherwise requires, in the Terms & Conditions, “you” and “your” means both the person who has downloaded and uses the App and the Business on behalf of which the App has been downloaded (if any).

Barley Yellow Dwarf Virus (BYDV). The App is a scouting app designed to aid in spray timing of foliar insecticides on wheat and barley crops to control primary infection and secondary spread of BYDV, which is primarily transmitted by the bird cherry–oat aphid and the grain aphid. Using the data which you input into the App (field location, drill date, emergence date, last treatment date), the App will calculate the risk of infection by secondary generation BYDV offspring from average daily air temperature data and historic weather data for the field location. Based on the calculated risk, the App will then recommend when you should consider spraying and provide guidance based on the local, seven day weather forecast for the field location. PLEASE NOTE THAT the App cannot not predict primary infection and you will still need to inspect your fields for aphid pressure. Syngenta does not provide any guarantees or accept any liability with respect to the calculated BYDV risk assessment, spray guidance or any other outputs obtained through the App. You agree that you are responsible for inspecting the fields and exercising your judgment in deciding whether to follow or implement spray guidance or other outputs. We draw your attention to the “Disclaimer” and “Limitation of liability” paragraphs below.

Changes to the App. We reserve the right change the App (including its content and functionality) and/or the Terms & Conditions from time to time. Syngenta will not be liable to you in any way for possible consequences of changes to the App or the Terms & Conditions.

Personal data privacy policy. Please review the Privacy Policy on the App for more information on how we process personal data and the rights which you have. Proprietary rights. The App contains Trademarks and Contents which are proprietary to Syngenta or its licensors and which are protected by intellectual property and other rights and laws. Syngenta and its licensors retain exclusive ownership of the App, its Contents and Trademarks. You may not reproduce, display or otherwise use any Trademark except as set out below. “Trademarks” means trademarks, service marks and logos. “Contents” means the following and all intellectual property rights therein: (i) the historic weather data, weather forecasting and underlying algorithms and software which power the BYDV Assist service; (ii) the BYDV risk assessment, spray application guidance and any other outputs which you obtain via the App (“Outputs”); (iii) the design, features, functionality, navigation and look and feel of the App; and (iv) feedback, such ratings, comments, criticism, suggested improvements posted by you on the App (“Feedback”).

Your license to use the App. You are granted a non-exclusive license to use the App and to download, run, store, print, copy and share Outputs from the App, provided that you only use the Outputs within your Business and you do not modify the Outputs in any way (for example, by deleting or modifying any Trademarks or other notices). You may not sell or otherwise transfer Outputs to third parties or generate Outputs for third parties (such as other farm businesses). Any third party wishing to access services through the App should download the App.

Except as stated above, no other rights to the Outputs, the App or any of its Contents are transferred to you. For example (without limitation) you may not do the following without first obtaining written permission from Syngenta: publish, display or transfer the App or link it to any other publicly available site.

Warranty re data which you upload to, or post on, the App. “Your Content” means all data and information (including, without limitation, farm name, field name, field geolocation data such as postcode or address, drill date, emergence date, last treatment date) and Feedback which you submit through the App. You represent and warrant that:

(1) Your Content complies with all applicable laws and you have the rights required to submit it through the App and to grant the license set out below under “Your license grant to Syngenta”;

(2) Where Your Content includes personal data relating to an individual other than yourself (for example, name, social media log-in, email address, address, geolocation data (such as location of farm fields)), you have obtained that individual’s prior, informed consent by asking them to read and confirm to you that they understand and agree with the terms of the Privacy Policy set out on the App; and

(3) Your Content does not infringe any third party’s intellectual property, privacy or other rights and Syngenta will not need to obtain licenses from, or pay royalties to, any third party.

Your license grant to Syngenta. By submitting Your Content to the App, you grant Syngenta a nonexclusive, worldwide license to use Your Content (in anonymized form) for any purpose (including, without limitation, to develop products and services which are not offered through the App). You agree that the license is perpetual, royalty free, sub-licensable and assignable. To the extent that Your Content includes personal data, we will only use such personal data in accordance with the Privacy Policy for the App.

Restrictions on your use of the App. You agree to comply with applicable law when using the App. You agree not to use an automated system to access the App or alter the App functionality or availability of the App. You agree not to de-compile, reverse compile, disassemble, reverse engineer or otherwise reduce to human-perceivable form all or any part of the App or its Contents or attempt to derive the source code or create derivative works.

DISCLAIMER. The App is provided on an "as is, "as available" basis. We do not guarantee that the App will always be available. Although we will try to minimize disruption and inform you in advance of planned shut-downs, we reserve the right to shut down the App without prior notice. To the fullest extent permitted under applicable law, Syngenta and our respective service providers and licensors disclaim all representations and warranties of any kind including: (a) all warranties of merchantability, fitness for a particular purpose, title and non-infringement with respect to the App and its Contents; (b) all warranties relating to delays, interruptions, errors, or omissions in the operation of the App or any part of the App; (c) all warranties relating to the transmission or delivery of the App or its availability at any particular time or location; (d) all warranties relating to the security of the App or that the Contents of the App are free of viruses, worms or other code that may manifest contaminating or destructive properties; and (e) all warranties relating to the use, validity, accuracy, currency, completeness, suitability, reliability of the App and its Contents.

LIMITATION OF LIABILITY. Your use of the App and its Contents is at your sole risk. To the fullest extent permitted by applicable law, Syngenta and our respective service providers and licensors shall not be liable (whether in contract, negligence, tort, strict liability or otherwise) for any losses or damages arising out of or in connection with: (a) your access to, use of, or inability to use, the App or its Contents or for your reliance on the Contents; (b) for possible errors or omissions in the Contents. This limitation of liability applies to all losses and damages of any kind, whether direct or indirect, including without limitation, interruption of business, loss of or damage to data, crops or goodwill, and loss of revenue or profits even if Syngenta knew or should have known of the possibility of such loss.

You acknowledge and agree that Syngenta could not make the App and its Contents available to you at no charge if liability were not limited as above.

If any limitations of liability are invalid or unenforceable for any reason, then the aggregate liability of Syngenta and our respective service providers and licensors shall not exceed one hundred pounds (£100.00) or an equivalent amount Euros.

Governing law and jurisdiction. For users of the App in the UK: the Terms & Conditions shall be governed by the laws of England and Wales without regard to conflict of law principles and the ordinary courts of England and Wales shall have exclusive jurisdiction for any claims relating to the Terms & Conditions. For users of the App in Ireland: the Terms & Conditions shall be governed by the laws of the Republic of Ireland without regard to conflict of law principles and the ordinary courts of the Republic of Ireland shall have exclusive jurisdiction for any claims relating to the Terms & Conditions.

Policy: Version Date: July 22, 2019.

Please take a few minutes to carefully review this Privacy Policy. We reserve the right to make changes to this Privacy Policy when we issue an updated version of the BYDV application (the “App”). If we do so, we will ask you to acknowledge that you have read and understood the updated Privacy Policy before your first use of the updated version of App.

Introduction. The data controllers are Syngenta UK Limited (“Syngenta”) registered company no. 00849037, registered office address Cpc4, Capital Park, Fulbourn, Cambridge, CB21 5XE and Syngenta Ireland Limited (reg’d co. no. 021021), reg’d office address 6th Floor, South Bank House, Barrow Street, Dublin 4, D04TR29, referred to as “we”, “us”.

Contact details. UK: If you are resident in the UK, you can contact our Data Privacy Officer via email at dataprivacy.uk@syngenta.com or via post at the reg’d office address for Syngenta UK Limited given Page 4 of 6 Page 4 of 6 above. Republic of Ireland: If you are resident in the Republic of Ireland, you can contact our Data Privacy Officer via email at dataprivacy.ie@syngenta.com or via post at the reg’d office address for Syngenta Ireland Limited given above.

Scope. This Privacy Policy covers personal data that is processed through the App (hereinafter “Personal Information”). Personal Information is data that identifies an individual, either alone or in combination with other information available to us.

Purpose for the collection and use of Personal Information

• In order to deliver our contractual obligations to provide you with the BYDV Assist service, the algorithms and software which power the App will use the field locations that you have specified (post-codes, GPS data or latitude and longitude data - a kind of Personal Information) to access historic weather data and current weather forecasts in order to assess the BYDV risk and generate spray application guidance for your specified field locations.

• Relying on our legitimate interests, we will also use your specified field locations and any Personal Information in feedback comments that you post in the App for the purpose of improving the App and the underlying algorithms and software.

How does Syngenta share Personal Information? Service providers and partners. We share Personal Information with companies and organizations that we work with for the purposes set out above in the section titled “Purpose for the collection and use of Personal Information”, such as providers of historic weather data, weather forecasting, mapping and analytics. These third parties are required by contract to use the Personal Information we share with them only for the purposes that we have specified and to take commercially reasonable measures to protect the confidentiality and security of your Personal Information.

Within Syngenta. We may share the Personal Information we collect through the App within the Syngenta group of companies for the purposes set out above in the section titled “Purpose for the collection and use of Personal Information”.

Business transfers. Your Personal Information may be transferred to a company that has acquired the stock or assets of Syngenta, one of its affiliates, or one of our businesses, for example, as the result of a sale, merger, reorganization or liquidation. If such a transfer occurs, the acquiring company's use of your Personal Information will still be subject to this policy and the privacy preferences you have expressed to us.

Compliance with laws and protection of our rights and the rights of others. We may disclose Personal Information when we, in good faith, believe disclosure is appropriate to comply with the law, a court order or a subpoena. We may also disclose Personal Information to prevent or investigate a possible crime, such as fraud or identity theft; to enforce or apply our online terms of use or other agreements; or to protect our own rights or property or the rights, property or safety of our users or others.

Aggregate information. We may share aggregated demographic or survey information with third parties, but this information is in anonymous form and does not contain any Personal Information. The aggregate information that we share may include anonymous information that is captured through the use of cookies and other similar tracking technology, as explained in

How can you exercise your rights in relation to your Personal Information?

We strive to maintain a high level of transparency about the data we process. As regards our processing of your Personal Information described in this Privacy Policy, you have the following rights:

• To confirm Syngenta is processing your Personal Information, to get access to or receive a copy of the Personal Information we may have about you;

• To require us to rectify or update any inaccurate Personal Information, or complete any incomplete Personal Information;

• To require us to delete or erase your Personal Information;

• To restrict our processing of your Personal Information;

• To require us to transmit certain of your Personal Information to you or to transfer or have them transferred to another data controller (data portability); and

• To require that we stop processing your Personal Information for direct marketing purposes. Subject to other legitimate interests which we may be able to rely on (e.g. in the context of legal claims pending or threatened against us), we will then no longer be allowed to process your Personal Information.

If you wish to exercise any of your above rights, you can contact us as follows:

If you are resident in the UK, you can contact our Data Privacy Officer via email at dataprivacy.uk@syngenta.com or via post at the reg’d office address for Syngenta UK Limited given at the beginning of this Privacy Policy.

If you are resident in the Republic of Ireland, you can contact our Data Privacy Officer via email at dataprivacy.ie@syngenta.com or via post at the reg’d office address for Syngenta Ireland Limited given at the beginning of this Privacy Policy.

We will respond to your reasonably specified request as quickly as possible after validating the request.

How long does Syngenta store your Personal Information? We do not store the Personal Information that you submit through the App for longer than is necessary to provide the BYDV Assist service that you request. Should you wish to obtain more information on where and how long your Personal Information is stored, and on your right of erasure please contact our Data Privacy Officer - in the UK at dataprivacy.uk@syngenta.com or in the Republic of Ireland at dataprivacy.ie@syngenta.com or via the respective postal addresses for the data controllers given at the beginning of this Privacy Policy.

How does Syngenta protect Personal Information? We maintain a comprehensive data security program, including commercially reasonable administrative, physical and technological security measures, to protect Personal Information from unauthorized access, unauthorized use, and unauthorized or accidental destruction, modification or disclosure. Although we take commercially reasonable precautions to provide an appropriate level of security, we cannot guarantee the security of Personal Information provided over the internet or stored in our databases.

Children. Our App is not directed nor targeted to children under the age of 13. We do not use the App to knowingly solicit Personal Information from children under the age of 13. Please do not provide us with any Personal Information relating to children under the age of 13. If we learn that such Personal Information has been provided through the App, we will use reasonable efforts to remove such Personal Information from our databases.

Special notice regarding data transfers. We use web servers and store data in countries within the European Union (“EU”) and also in countries outside the EU, including Switzerland, the United States and other countries. We may transfer your Personal Information to our service providers and others located within the EU, Switzerland, the United States or other countries for the purposes described in this Privacy Policy. Different countries have different privacy laws and requirements, and some provide less legal protection for your personal information than others.

Please know, however, that no matter where your Personal Information is collected or processed, if it was collected through the App, we will ensure that it is protected by the terms of this Privacy Policy and any privacy notices or click-through agreements that apply to you.

By using the App, you are consenting to the collection, use, and transfer of your Personal Information in or to the United States or any other country in the world.

Governing law & Jurisdiction. For users resident in the UK, this Privacy Policy is governed by the laws of England and Wales without regard to its conflicts of law provisions. The ordinary courts of England and Wales shall have exclusive jurisdiction for any claims relating to this Privacy Policy. For users resident in the Republic of Ireland, this Privacy Policy is governed by the laws of the Republic of Ireland without regard to its conflicts of law provisions. The ordinary courts of the Republic of Ireland shall have exclusive jurisdiction for any claims relating to this Privacy Policy.

Questions, concerns and complaints concerning our privacy practices. For users resident in the UK: Should you have any questions, you can contact our Data Privacy Officer via email at dataprivacy.uk@syngenta.com or by writing to the address for Syngenta UK Limited given on page 1 of this Privacy Policy. You also have a right to lodge a complaint with the relevant supervisory authority (in particular in the Member State of your habitual residence, place of work or place of the alleged infringement). For users resident in the Republic of Ireland: Should you have any questions, you can contact our Data Privacy Officer via email at dataprivacy.ie@syngenta.com or by writing to the address for Syngenta Ireland Limited given on page 1 of this Privacy Policy. You also have a right to lodge a complaint with the relevant supervisory authority (in particular in the Member State of your habitual residence, place of work or place of the alleged infringement).