Effective date: October 08, 2018
FRS Herdwatch Ltd ("us", "we", or "our") operates the https://herdwatch.com, https://herdwatch.ie and https://herdwatch.co.uk websites and the Herdwatch application (hereinafter referred to as the "Service").
This page informs you of our policies regarding the collection, use and disclosure of personal data when you use our Service and the choices you have associated with that data.
Personal Data means data about a living individual who can be identified from those data (or from those and other information either in our possession or likely to come into our possession).
Usage Data is data collected automatically either generated by the use of the Service or from the Service infrastructure itself (for example, the duration of a page visit).
Cookies are small files stored on your device (computer or mobile device).
Data Controller means the natural or legal person who (either alone or jointly or in common with other persons) determines the purposes for which and the manner in which any personal information are, or are to be, processed.
Data Processors (or Service Providers)
Data Processor (or Service Provider) means any natural or legal person who processes the data on behalf of the Data Controller.
We may use the services of various Service Providers in order to process your data more effectively.
Data Subject (or User)
Data Subject is any living individual who is using our Service and is the subject of Personal Data.
We collect several different types of information for various purposes to provide and improve our Service to you.
While using our Service, we may ask you to provide us with certain personally identifiable information that can be used to contact or identify you ("Personal Data"). Personally identifiable information may include, but is not limited to:
We may use your Personal Data to contact you with newsletters, marketing or promotional materials and other information that may be of interest to you. You may opt out of receiving any, or all, of these communications from us by following the unsubscribe link or instructions provided in any email we send or by contacting us.
We may also collect information that your browser sends whenever you visit our Service or when you access the Service by or through a mobile device ("Usage Data").
This Usage Data may include information such as your computer's Internet Protocol address (e.g. IP address), browser type, browser version, the pages of our Service that you visit, the time and date of your visit, the time spent on those pages, unique device identifiers and other diagnostic data.
When you access the Service with a mobile device, this Usage Data may include information such as the type of mobile device you use, your mobile device unique ID, the IP address of your mobile device, your mobile operating system, the type of mobile Internet browser you use, unique device identifiers and other diagnostic data.
We may use and store information about your location if you give us permission to do so ("Location Data"). We use this data to provide features of our Service, to improve and customise our Service.
You can enable or disable location services when you use our Service at any time by way of your device settings.
Cookies are files with a small amount of data which may include an anonymous unique identifier. Cookies are sent to your browser from a website and stored on your device. Other tracking technologies are also used such as beacons, tags and scripts to collect and track information and to improve and analyse our Service.
You can instruct your browser to refuse all cookies or to indicate when a cookie is being sent. However, if you do not accept cookies, you may not be able to use some portions of our Service.
Examples of Cookies we use:
We use the collected data for various purposes:
We may process your Personal Data because:
We will also retain Usage Data for internal analysis purposes. Usage Data is generally retained for a shorter period of time, except when this data is used to strengthen the security or to improve the functionality of our Service, or we are legally obligated to retain this data for longer periods.
Your information, including Personal Data, may be transferred to — and maintained on — computers located outside of your state, province, country or other governmental jurisdiction where the data protection laws may differ from those of your jurisdiction.
If you are located outside Ireland and choose to provide information to us, please note that we transfer the data, including Personal Data, to Ireland and process it there.
Under certain circumstances, we may be required to disclose your Personal Data if required to do so by law or in response to valid requests by public authorities (e.g. a court or a government agency).
We may disclose your Personal Data in the good faith belief that such action is necessary to:
The security of your data is important to us but remember that no method of transmission over the Internet or method of electronic storage is 100% secure. While we strive to use commercially acceptable means to protect your Personal Data, we cannot guarantee its absolute security.
If you are a resident of the European Economic Area (EEA), you have certain data protection rights. We aim to take reasonable steps to allow you to correct, amend, delete or limit the use of your Personal Data.
If you wish to be informed about what Personal Data we hold about you and if you want it to be removed from our systems, please contact us.
In certain circumstances, you have the following data protection rights:
The right to access, update or delete the information we have on you. Whenever made possible, you can access, update or request deletion of your Personal Data directly within your account settings section. If you are unable to perform these actions yourself, please contact us to assist you.
The right of rectification. You have the right to have your information rectified if that information is inaccurate or incomplete.
The right to object. You have the right to object to our processing of your Personal Data.
The right of restriction. You have the right to request that we restrict the processing of your personal information.
The right to data portability. You have the right to be provided with a copy of the information we have on you in a structured, machine-readable and commonly used format.
The right to withdraw consent. You also have the right to withdraw your consent at any time where we relied on your consent to process your personal information.
Please note that we may ask you to verify your identity before responding to such requests.
You have the right to complain to a Data Protection Authority about our collection and use of your Personal Data. For more information, please contact your local data protection authority in the European Economic Area (EEA).
We may employ third party companies and individuals to facilitate our Service ("Service Providers"), provide the Service on our behalf, perform Service-related services or assist us in analysing how our Service is used.
These third parties have access to your Personal Data only to perform these tasks on our behalf and are obligated not to disclose or use it for any other purpose.
We may use third-party Service Providers to monitor and analyse the use of our Service.
Google Analytics is a web analytics service offered by Google that tracks and reports website traffic. Google uses the data collected to track and monitor the use of our Service. This data is shared with other Google services. Google may use the collected data to contextualise and personalise the ads of its own advertising network.
For more information on the privacy practices of Google, please visit the Google Privacy & Terms web page: https://policies.google.com/privacy?hl=en
Google Ads (AdWords)
Google Ads (AdWords) remarketing service is provided by Google Inc.
You can opt-out of Google Analytics for Display Advertising and customise the Google Display Network ads by visiting the Google Ads Settings page: http://www.google.com/settings/ads
Google also recommends installing the Google Analytics Opt-out Browser Add-on - https://tools.google.com/dlpage/gaoptout - for your web browser. Google Analytics Opt-out Browser Add-on provides visitors with the ability to prevent their data from being collected and used by Google Analytics.
For more information on the privacy practices of Google, please visit the Google Privacy & Terms web page: https://policies.google.com/privacy?hl=en
Twitter remarketing service is provided by Twitter Inc.
You can opt-out from Twitter's interest-based ads by following their instructions: https://support.twitter.com/articles/20170405
Facebook remarketing service is provided by Facebook Inc.
You can learn more about interest-based advertising from Facebook by visiting this page: https://www.facebook.com/help/164968693837950
To opt-out from Facebook's interest-based ads, follow these instructions from Facebook: https://www.facebook.com/help/568137493302217
Facebook adheres to the Self-Regulatory Principles for Online Behavioural Advertising established by the Digital Advertising Alliance. You can also opt-out from Facebook and other participating companies through the Digital Advertising Alliance in the USA http://www.aboutads.info/choices/, the Digital Advertising Alliance of Canada in Canada http://youradchoices.ca/ or the European Interactive Digital Advertising Alliance in Europe http://www.youronlinechoices.eu/, or opt-out using your mobile device settings.
For more information on the privacy practices of Facebook, please visit Facebook's Data Policy: https://www.facebook.com/privacy/explanation
We may provide paid products and/or services within the Service. In that case, we use third-party services for payment processing (e.g. payment processors).
The payment processors we work with are:
We have no control over and assume no responsibility for the content, privacy policies or practices of any third party sites or services.
Our Service does not address anyone under the age of 18 ("Children").
We do not knowingly collect personally identifiable information from anyone under the age of 18. If you are a parent or guardian and you are aware that your Child has provided us with Personal Data, please contact us. If we become aware that we have collected Personal Data from children without verification of parental consent, we take steps to remove that information from our servers.
FRS HERDWATCH LIMITED (TRADING AS HERDWATCH) – TERMS AND CONDITIONS OF SERVICE
PLEASE READ THIS AGREEMENT CAREFULLY AS IT GOVERNS YOUR USE OF THE FRS HERDWATCH LIMITED (“FRS”) SOFTWARE APPLICATION KNOWN AS “HERDWATCH”. BY ACCESSING THE APPLICATION AND USING THE SERVICES ON IT YOU (“YOU”), ARE FORMING A CONTRACT AND AGREEING TO THE TERMS AND CONDITIONS THAT APPEAR BELOW. IF YOU DO NOT WISH TO BE BOUND BY THESE TERMS AND CONDITIONS THEN PLEASE DO NOT USE THE APPLICATION.
1. Provision of the Service and How to Contact us
FRS provides expert farm services to farmers throughout Ireland – such services include the provision of a mobile herd manager application named “herdwatch” (the “Application”) which allows users to upload digital content concerning their livestock and herd records (the “Content”) to the cloud using their smartphone or computer or other such device (the “Service”).
Full contact details for FRS are as follows:
2. Licences Granted
FRS hereby grants You a non-exclusive, revocable, non sub-licensable, non-transferable license to use the Application. You hereby acknowledge that all copyright, database rights, website design, trade and service marks, logos and/or names, design rights, know-how and all other intellectual property rights (including any material used on the Application’s website situated at www.herdwatch.co.uk (“Site”)) (“Intellectual Property”) in each case whether registered or not belong to FRS (or applicable licensors) and may not be used in any way whatsoever without the prior and written consent of FRS.
You hereby grant to FRS a non-exclusive, transferable, revocable, sub-licensable, royalty-free worldwide licence to use the Content subject to the terms and conditions of this Agreement.
FRS fully respects your right to privacy and has a strict policy of complying with the terms of the Data Protection Acts 1988 and 2003. As referred to under clause 2 above, at certain times, and as a result of your interaction with the Application, FRS may hold and process personal information obtained about You for the purposes providing You with the Service. By registering with and/or using the Application You consent to this collection and use of your information. In addition, you grant FRS the right to use information gathered via the Application for internal purposes and to permit FRS to disclose such information to certain third parties provided that such information will not include personally identifying information, except as, a) authorised by You, b) to comply with applicable laws or this Agreement.
Please note that we may also use this information to send You information about our products and/or services – if at any time You do not wish to receive such information please contact us at: firstname.lastname@example.org or by post and we shall immediately cease such communication.
4. Warranties and Indemnity
FRS warrants that it will use all reasonable skill and care in the provision of the Service but makes no warranty that the Application and/or the Site is free from viruses or anything else that has contaminating and/or destructive properties. It is always your responsibility to adopt appropriate back-up, firewall and other precautionary security measures. You warrant and represent that You are the owner or licensee of any Content that You upload, record or otherwise transmit through the Service. You warrant and represent that You shall not publish, post, upload, record or otherwise transmit anything that: (i) infringes any third party’s copyright, patent, trademark, trade secret or other proprietary rights or rights of publicity or privacy; (ii) violates any law or statute, (iii) is defamatory, unlawfully threatening or unlawfully harassing; (iv) is profane, indecent, obscene, harmful to minors or pornographic; (v) contains any viruses or other computer programming routines that are intended to damage, detrimentally interfere with, surreptitiously intercept or expropriate any system, data or personal information or property of another; or (vi) is materially false, misleading or inaccurate.
You agree not to: (1) use the Service in connection with chain letters, junk mail, pyramid schemes, spamming or any duplicative or unsolicited messages, or any use of distribution lists to any person; (2) harvest or otherwise collect information about others; (3) knowingly interfere with or disrupt networks connected to the Service or violate the regulations, policies or procedures of such networks; (4) attempt to gain unauthorised access to the Service, other accounts, computer systems or networks connected to the Service, through password mining or any other means; or (5) use the Service for any illegal purposes whatsoever.
You agree to fully indemnify FRS from and against all claims, liabilities, costs and expenses (including but not limited to legal fees) arising out of your use of the Service or related to any breach of this Agreement.
5. Service Availability and Limitation of liability
The Service is provided on an “as is” basis and all conditions and warranties or representations whether express or implied are fully excluded from this Agreement to the extent that they can be excluded as a matter of applicable law. FRS fully reserves the right to modify, withdraw, suspend or restrict the availability of the Service or any part of it and without notice to You. FRS cannot be held responsible nor be liable to You in the event that an internet connection is broken for any reason and Your Content is not uploaded or is corrupted in any way. It is Your sole responsibility to ensure that any Content You upload using the Application is later checked and verified, particularly if you are in an area that is known or suspected of having intermittent internet access. If You are unsure if Your Content has been properly uploaded or not then please contact us and will use all reasonable endeavours to assist You.
Information provided via the Application is intended for the purposes of helping farmers better understand their business and animal health and viability and is not intended to be a complete substitute for professional advice and assistance and should be used in the same way as any reference tool and it is not be used as a stand-alone system. FRS shall not be under any obligation to provide You with any maintenance or support relating to the provision of the Service.
FRS will not be responsible for maintaining or providing any equipment or ancillary services needed to connect to or access the Service, including, without limitation, hardware devices, software, internet connection etc. You will be fully responsible for ensuring that all equipment or ancillary services are compatible with the Application and will be responsible for all charges in connection with the same. FRS would recommend never using the Application whilst driving equipment or where there is any risk of personal injury or accident and You hereby warrant and represent that You will not do so.
The Application is intended for the use of farmers within the Republic of Ireland only. If you access the Application from outside the Republic of Ireland you do so at your own risk and are responsible for compliance with the laws of your own jurisdiction.
To the maximum extent permitted by law, FRS shall not be liable to You for the use or inability to use the Service, whether in contract, tort (including negligence) or otherwise for:
6. Storage of Content
Although FRS does use a third party cloud storage provider that employs the latest in secure technology for back up of all Content please note that FRS will not be held solely responsible for the storage and/or back up of Content that You upload using the Service. It is highly recommended that You make your own independent arrangements for the storage and/or back-up of Your Content using standard best practice with respect to the same.
All notices shall be given to FRS via e-mail at: email@example.com or by post to FRS’s land address as set out under clause 1 of this Agreement.
The Service may contain links to websites and other resources however FRS is not responsible and shall not be held liable for the availability or content of these resources. No endorsement or approval of any such third party websites, their advice, opinions, information, products or services is expressed or implied by any information on the Site or elsewhere via the provision of the Service and where we provide links to other websites it is done for your convenience only and shall be at your own risk and we shall not be liable for any damages arising in connection therewith.
9. Term, Termination and Methods of Payment
The initial term of this Agreement shall be any free trial period (“Free Trial Term”) if offered, plus the 12 month period (“Standard Term”) following any Free Trial Term and initial payment, plus any extra period as offered by FRS from time to time for qualifying sign ups (“Term Extension”). During the Free Trial Term, this Agreement can be terminated at any time without notice or charge by either party. If before the expiry of the Standard Term plus any Term Extension (“Initial Term”), or any subsequent Term, you do not provide at least 30 days notice of termination of the Agreement then the Agreement shall automatically renew for a subsequent Term equal to the Standard Term from the date the previous Term expires. This Agreement and your access to the Service may be terminated by FRS at any time or by written notice if (in the sole and reasonable opinion of FRS) You are in breach of this Agreement and the breach is not properly remedied (which shall also be decided in the sole discretion of FRS) within the period of 7 days after written notice of the breach has been given to You.
Payment for the Application may only be made via debit card or credit card over the telephone or the internet – no cash or cheques will be accepted.
10. Dispute Resolution
Should there be any dispute arising out of this Agreement the parties shall use every effort to agree it informally, however, if that fails to resolve the matter then on the written request of any party it can be referred to an independent mediator, the identity of whom shall be agreed between the parties. In the event the mediator cannot be agreed by the parties within 14 days of one party’s written request to appoint a mediator, the Dublin office of the International Centre for Dispute (“ICDR”) Resolution shall appoint a single independent mediator in accordance with the rules of the ICDR. The costs of the mediation shall be shared equally and the place of conduct of the mediation shall be Dublin, Ireland. In the event that within a period of 30 days of the appointment of a mediator, the mediator is unable to resolve the dispute, the parties may submit the matter to the exclusive jurisdiction of the Irish Courts.
11. General and Applicable Law and Jurisdiction
No failure or delay on the part of FRS relating to the exercise of any right, power, privilege or remedy provided under this Agreement shall operate as a waiver of such right, power, privilege or remedy or as a waiver of any proceeding or succeeding breach by the other party to this Agreement.
FRS shall be under no liability to You in respect of anything, which notwithstanding this provision, may constitute a breach of this Agreement arising by reason of force majeure which includes Act of God and failure of third party delivery agents.
This Agreement (which shall incorporate the FRS privacy and other policies and/or procedures as applicable) contains the full and complete understanding between the parties and supersedes and replaces all prior arrangements, terms, representations and understandings whether written or oral relating to the subject matter of this Agreement and neither You nor FRS shall be bound by any variation or addition to this Agreement unless agreed in writing and signed by duly authorised representatives from both sides. If any parts of this Agreement are held to be invalid, the remaining parts of the Agreement will continue to be valid and enforceable. In the event of any inconsistency between the terms of this Agreement and/or any other third party terms and conditions the terms of this Agreement shall prevail.
This Agreement and any disputes arising hereunder shall be governed by and construed in accordance with the laws of Ireland and shall be subject to the exclusive jurisdiction of the Irish courts.