To use the Services, you have to create an account and provide information about yourself. You warrant that: (a) all information you submit is truthful, up-to-date and accurate; and (b) you will maintain the accuracy of such information.
You may delete your account at any time by contacting customer support. Please note that it is not sufficient to merely delete the app from your device. If you remove the app from your phone and later reinstall it, your account will still exist and the User Content (including Media Files) you have previously uploaded will still be associated with your account.
We may suspend or terminate your account in accordance with these Terms (see Section 9), for instance if you act in breach of these Terms. We may also delete your account if you have been inactive on your account for two (2) years. We will notify you via the app before deleting your account due to inactivity.
You are responsible for maintaining the confidentiality of your account login information and are fully responsible for all activities that occur under your account. You approve to immediately notify us of any unauthorized use or suspected unauthorized use of your account. We cannot and will not be liable for any loss or damage arising from your failure to comply with the above requirements.
Access to the Services
Subject to these Terms, we grant you a non-transferable, non-exclusive, revocable, limited license to access the Services and use the Services’ functions provided by us for the purpose of your bee keeping, solely for your own personal use or for internal business purposes.
Certain Restrictions. The rights granted to you under these Terms are subject to the following restrictions: (a) you shall not sell, rent, lease, transfer, assign, distribute or otherwise commercially exploit the Services; (b) you shall not change, make derivative works of, disassemble, reverse compile or reverse engineer any part of the Services; (c) you shall not access the Services in order to build a similar or competing website, app or service; and (d) except as expressly stated herein, no part of the Services may be copied, reproduced, distributed, republished, downloaded, displayed, posted or transmitted in any form or by any means unless otherwise indicated. All future releases, updates, bug fixes or other additions or replacements of the Services shall be subject to these Terms. All copyright and other proprietary notices on the Services must be retained on all copies thereof.
We reserve the right to change, suspend, or cease the Services without notice to you. You approve that we will not be held liable to you or any third party for any change, interruption or termination of the Services or any part thereof.
Except for User Content that you may provide, you are aware that all intellectual property rights, including copyrights, patents, trademarks, and trade secrets in the Services and its content are owned by us or our suppliers. Note that these Terms and access to the Services do not give you any rights, title or interest in or to any intellectual property rights, except for the limited access rights expressed in Section 2.1. We and our suppliers reserve all rights not granted in these Terms.
User Content means any and all information, media and content (including but not limited to Media Files) that you upload to the Services. You are exclusively responsible for your User Content. You bear all risks associated with use of your User Content. You hereby certify that your User Content does not violate these Terms, including our Acceptable Use Policy (see Section 4.4), and that you have the right to upload it. You may not represent or imply to others that your User Content is in any way provided, sponsored or endorsed by us. Because you alone are responsible for your User Content, you may expose yourself to liability. We are not obliged to backup any User Content; also, your User Content may be deleted at any time without prior notice to you. You are solely responsible for making your own backup copies of your User Content if you desire.
Media Files uploaded to the Services.
When uploading media files to the Services (hereinafter “Media Files”), you must ensure that you follow the instructions available on our website for how to take photos. If the Media File is not clear enough or if the Media File is not taken in accordance with our instructions, we may be unable to provide an analysis of the Media File uploaded or the analysis that you receive may be erroneous and show an incorrect result. You hereby grant to us an irreversible, non-exclusive, perpetual, royalty-free and free of charge, worldwide license to reproduce, distribute, publicly display and perform, prepare derivative works of, make changes to, license, sell, transfer within the company group, transfer to a third party in conjunction with a merger or acquisition of our business, incorporate into other works, and otherwise use and exploit the Media Files you upload to the Services, and to grant sublicenses of the foregoing rights, for the purposes of (a) providing the Services to you (e.g. analyzing Media Files you have submitted and maintain a possible backup copy), (b) re-training of our neural network models and training purposes, (c) building up a database and generate statistics based thereon and for further studies regarding bees, (d) to improve the Services or to develop new services, (e) to publicly display in Tagger or in other places, (f) to sell anonymized statistics, and (g) to use for marketing and other purposes. You hereby irreversibly waive any claims and assertions of moral rights or attribution with respect to your Media Files, including any right you may have to have your name mentioned in conjunction with your Media Files being publicly displayed on Tagger or other places or in conjunction with our use of the Media Files for the purposes detailed above. We may disclose to third parties in what area (but not the exact location) the Media Files are taken. To maintain your anonymity, we will not disclose the exact geolocation of your Media Files. You hereby grant us the right to transfer or assign our rights hereunder to another company within our company group, or to another company in conjunction with a merger or a acquisition of our business.
When you take images with the app the Media Files are automatically sent to our online tool Tagger (see http://tagger.beescanning.com). They are sent even if you don’t send them for analysis. Tagger is an online tool used for training and obtaining users’ feedback on analysis. Anyone can join Tagger. Please join Tagger, view your Media Files online and help out with manual tagging (e.g. varroa tagging).
Acceptable Use Policy
You agree not to use the Services to collect, upload, transmit, display, or distribute any User Content (i) that violates any third party right or any intellectual property or proprietary right; (ii) that is unlawful, harassing, abusive, tortious, threatening, harmful, invasive of others’ privacy, vulgar, defamatory, false, intentionally misleading, trade libelous, pornographic, obscene, patently offensive, or that promotes racism, bigotry, hatred or physical harm of any kind against any group or individual; (iii) that is harmful to minors in any way; (iv) that is in violation of any law, regulation, or obligations or restrictions imposed by any third party; or (v) that is otherwise outside the intended scope of use of the Services.
In addition, you agree not to: (i) upload, transmit, or distribute to or through the Services any software intended to damage or alter the Services, a computer system, data or us; (ii) send through the Services unsolicited or unauthorized advertising, promotional materials, junk mail, spam, chain letters, pyramid schemes, or any other form of duplicative or unsolicited messages; (iii) use the Services to harvest, collect, gather or assemble information or data regarding other users without their consent; (iv) interfere with, disrupt, or create an undue burden on servers or networks connected to the Services, or violate the regulations, policies or procedures of such networks; (v) attempt to gain unauthorized access to the Services by any means; (vi) harass or interfere with any other users use and enjoyment of the Services; or (vi) use software or automated agents or scripts to produce multiple accounts on the Services, or to generate automated searches, requests, or queries to the Services.
We reserve the right to review any User Content, and to investigate and/or take appropriate action against you in our sole discretion if you violate the Acceptable Use Policy or any other provision of these Terms or otherwise create liability for us or any other person. Such action may include removing, deleting or modifying your User Content, terminating your account in accordance with Section 9, and/ or reporting you to law enforcement authorities.
If you provide us with any feedback or suggestions regarding the Services, you hereby assign to us all rights in such feedback and agree that we shall have the right to use and fully exploit such feedback and related information in any manner we believe appropriate. We will treat any feedback you provide to us as non-confidential and non-proprietary. We will however not publicly display or disclose your feedback to third parties unless it is anonymized.
You agree to indemnify and hold us and our officers, employees and agents harmless, including costs and attorneys fees, from any claim or demand made by any third party due to or arising out of (a) your use of the Services, (b) your violation of these Terms, (c) your violation of applicable laws or regulations or (d) your User Content. We reserve the right to assume the exclusive defense and control of any matter for which you are required to indemnify us, and you agree to cooperate with our defense of these claims. You agree not to settle any matter unless the result of the settlement is that we are free from liability. We will use reasonable efforts to notify you of any such claim, action or proceeding upon becoming aware of it.
The Services are provided on an as-is and as available basis, and we and our suppliers expressly disclaim any and all warranties and conditions of any kind, whether express, implied, or statutory, including all warranties or conditions of merchantability, fitness for a particular purpose, title, quiet enjoyment or accuracy. We are not liable for infringement caused by your use of the Services in breach of these Terms or guidance or information at our website or within the Services. We and our suppliers do not guarantee that the Services will meet your requirements, will be available on an uninterrupted, timely, secure, or error-free basis, or will be accurate, reliable, free of viruses or other harmful code, complete, legal, or safe. If applicable law requires any warranties with respect to the Services, all such warranties are limited in duration to ninety (90) days from the date of first use.
Limitation of Liability
To the maximum extent permitted by law, in no event shall we or our suppliers be liable to you or any third party for any lost profits, lost data, costs of procurement of substitute products, or any indirect, consequential, exemplary, incidental, special or punitive damages arising from or relating to these terms or your use of, or incapability to use the Services even if we have been advised of the possibility of such damages. Access to and use of the Services is at your own discretion and risk, and you solely will be responsible for any damage (i) to your device or computer system, (ii) loss of data resulting therefrom, or (iii) being the result of your actions or inactions based on the result of your use of the Services.
To the maximum extent permitted by law, notwithstanding anything to the contrary contained herein, our cumulative liability to you arising from or related to this agreement and/or your use of the Services, will at all times be limited to a cumulative maximum of SEK fivehundred (500). The existence of more than one claim will not enlarge this limit. You agree that our suppliers will have no liability of any kind arising from or relating to this agreement.
Term and Termination
Subject to this Section, these Terms will remain in full force and effect while you use the Services. We may suspend or terminate your rights to use the Services at any time for any reason at our sole discretion, including for any use of the Services in violation of these Terms. Upon termination of your rights under these Terms, your account and right to access and use the Services will terminate immediately. Termination of your account may involve deletion of your User Content associated with your account. We will not have any liability whatsoever to you for any termination of your rights under these Terms.
Changes to these Terms
These Terms are subject to occasional revision, and if we make any substantial changes, we will notify you via the Services. Any changes to these Terms will be effective upon the earliest of thirty (30) calendar days following our display of a notice to you in our Services. Please use the Services regularly to ensure you see the notices we display. These changes will be effective immediately for new users of our Services. Continued use of our Services following notice of such changes shall indicate your acknowledgement of such changes and agreement to be bound by the terms and conditions of such changes.
Dispute Resolution and choice of law
These Terms shall be governed by and construed in accordance with the substantive laws of Sweden,without reference to its choice of law or conflict of law provisions. Any dispute arising out of or in connection with these Terms shall in the first instance be resolved by the District Court of Stockholm, Sweden, and each party irrevocably and unconditionally submits to the exclusive jurisdiction of said court.
The Services may be subject to export control laws and export or import regulations in different countries. You agree not to export, re-export, or transfer, directly or indirectly, any data acquired from us, or any products utilizing such data, in violation of any export laws or regulations.
The communications between you and us are by electronic means, whether you use the Services or send us emails, or whether we post notices on the Services or communicates with you via email. For contractual purposes, you (a) consent to receive communications from us in an electronic form; and (b) agree that all terms and conditions, agreements, notices, disclosures, and other communications that we provide to you electronically satisfy any legal obligation that such communications would satisfy had it been in a hard copy writing.
These Terms constitute the entire agreement between you and us regarding your use of the Services. Our failure to exercise or enforce any right or provision of these Terms shall not be interpreted as a waiver of such right or provision. If any provision of these Terms is held to be invalid or unenforceable, the other provisions of these Terms will be unimpaired and the invalid or unenforceable provision will be deemed modified so that it is valid and enforceable to the maximum extent permitted by law. Your relationship to us is that of an independent contractor, and neither party is an agent or partner of the other. These Terms, and your rights and obligations herein, may not be assigned, subcontracted, delegated, or otherwise transferred by you without our prior written consent and any attempted assignment, subcontract, delegation, or transfer in violation of the foregoing will be null and void. We may freely assign these Terms. The terms and conditions set forth in these Terms shall be binding upon our assignees.
Copyright © BeeScanning Global AB 2017. All rights reserved. All trademarks, logos and service marks displayed on the Services are our property or the property of other third parties. You are not permitted to use these marks without our prior written consent or the consent of such third party which may own the marks.
BeeScanning Global AB, Company Reg. No. 559102-7700 (“we” or “us”) is he controller of the processing of your Personal Data in conjunction with your use of our services at beescanning.com or in the ‘BeeScanning’ app. We process your Personal Data in accordance with this Policy and applicable law, including the GDPR (EU/ 2016/679).
DATA WE COLLECT ABOUT YOU
Mobile phone number and/or e-mail address and/or password for the service, media files you upload to the service including GPS coordinates recorded when the media file was created, and any e-mail correspondence between you and us.
HOW WE USE YOUR PERSONAL DATA
Account creation and management
In order to create an account and login to the Services, you need to provide a valid mobile phone number (if you have an older account you may have created your account using your e- mail address instead). We will process these data in order to allow you to log in and in order to provide our Services to you (e.g. in order to provide you with an analysis on the media files you submit). This processing is necessary in order for us to enter into and fulfil our agreement with you.
Your mobile phone number’s country prefix is used to store your user media close to you geographically. We also use the country prefix to measure the impact of marketing campaigns, e.g. by measuring changes in activity levels of the Services in regions where we have marketed our Services.
Data retention: Your personal data will be processed for as long as you have a BeeScanning account. When your account is deleted, your personal data will be deleted.
Media files uploaded to the Services
We will process media files you send for analysis and images you take with the app (including data about GPS coordinates).
• The media files you send for analysis will be processed for the purposes of:
providing analysis against BeeScanning’s neural network models to supply you with data about the state of your bee colonies (“provide services”); and
• providing you with backup in case your own mobile device loses the media data (e.g. lost phone or application re-install) (“backup”);
• re-training of BeeScanning’s neural network models, to provide continuous improvement to our users via our services, by improving the accuracy of our analysis services (“training”);
• together with the GPS coordinates associated with the media file, in order to further the scientific study into potential infestation resistance and health issues associated with environmental factors (“further studies”); and
• improving the accuracy of the Services by means of Tagger (read more below) (“Tagger”).
Only media files that you send for analysis will be linked to your account and processed to provide services and for backup purposes. Media files that you send for analysis will be linked to your account until you either delete the media file in your account or until your account is deleted. Processing for the purpose of providing services or backup are based on your consent, which you give by sending the media files for analysis. You may withdraw your consent to processing for these purposes by deleting the media files from your account. The withdrawal of your consent will not affect the lawfulness of the processing undertaken before your withdrawal.
Please note! When you take images with the app, they are automatically sent to our servers (to prepare the analysis and thereby making the Services faster) and to our online tool ‘Tagger (read about Tagger below), even if you don’t send them for analysis. Therefore, even if you take images using the app and choose not to send them for analysis, but instead to delete them, they will be retained in our internal database and available in Tagger but will not be linked to your account.
All media files (including GPS coordinates) uploaded to the Services, either by you sending them for analysis or when you take images with the app, will be retained in our internal database indefinitely (even if you delete your account or the media files from your account).
The media files are processed in order for us to pursue our legitimate interests of carrying out training, further studies and Tagger. Regardless of whether the media file is linked to your account, the GPS coordinates in the media file will not be available in Tagger or to natural persons when the media files are processed for training purposes. When the media files are processed for the purpose of further studies, the GPS coordinates will be processed together with the media files in aggregated form. We may generate anonymised aggregate statistical data based on GPS coordinates. We will however not make available, divulge or sell to any third party, the exact GPS coordinates of media files without your consent or request.
When you send media files for analysis or when you take images with the app they are automatically sent to our online tool ‘Tagger’ on http://tagger.beescanning.com. Please note that the images taken with the app are sent to Tagger even if you don’t send them for analysis. In Tagger, users can help us analyse media files.
The media files most recently uploaded to the Services (e.g. the 50 most recently uploaded media files) by any user, will be available to Tagger users. That means your media files are available to users on tagger until they are no longer amongst the most recent media files. GPS coordinates contained in the media files will not be available to the users on Tagger. That means, users on Tagger will be able to see media files but not the location where they were taken.
Data retention: Media files that are imported to or created from within the ‘BeeScanning’ app are linked to your account until your account is deleted or until you delete the media file in your account. Please note that if you delete the media file from your account or if you delete your account, we will not be able to provide services or backup to you. All media files you upload to the service by either sending a media file for analysis or take an image with the app, are (a) retained indefinitely in our internal servers (including GPS coordinates), and (b) available on Tagger (without divulging the GPS coordinates).
We aim to delete media files that do not consist of images of bees from Tagger and our internal database. If you by mistake have uploaded a media file containing something other than bees and wish to have it removed from our database and Tagger, please contact our customer support.
If you contact our support, we will process the e-mail address you have used to contact us and any personal data contained in your e-mail message, in order to pursue our legitimate interest in responding to incoming correspondence and provide customer service. If your email is registered with your account, we may also use your e-mail to find your account in order to assist you. Data retention: We will keep e-mail correspondence for six months. We may retain the correspondence for a longer period, if necessary for compliance with legal obligations or defence against claims.
Compliance with legal obligations or defence against claims
We may retain and process your personal data to the extent it is necessary in order for us to
comply with legal obligations or to pursue our legitimate interest in establishing, exercising or defending ourselves against a legal claim from you or a third party.
If you wish to have your account deleted, please contact our customer support. If your account is deleted, your account data (your mobile phone number and/or e-mail and password) will be deleted. Media files that you have uploaded to the Service will no longer be linked to your account or your account details but will be retained and used as described in sections above. We may delete your account after two years of inactivity or otherwise in accordance with the Terms for the Services. We will notify you via the app before deleting your account due to inactivity.
RECIPIENTS OF PERSONAL DATA
We transfer your personal data to our suppliers (such as a UK based SMS service provider
and a US based e-mail service provider) for the purpose of them processing your personal data on our behalf. Our suppliers are only allowed to process your personal data in accordance with our instructions and may not use your personal data for their own purposes. Some of our suppliers are based outside the EU/EEA.
We do not sell your personal data to our suppliers or any other third parties.
You have rights under the GDPR in relation to our processing of your Personal Data. If you wish to invoke your rights, please contact us (see section 8 below).
Data subject access request
You have the right to obtain from us confirmation as to whether we process your personal data, and where that is the case, access to the personal data along with information about the processing and your rights.
If certain personal data that we process concerning you is incorrect, then you have the right to request rectification. Taking into account the purposes of the processing, you also have the right to have incomplete personal data completed.
Objection to certain processing activities
You have the right to object to processing that is based on our legitimate interest, on ground
relating to your particular situation, or to marketing. Except in the case of marketing, we may have the right to continue the process of your personal data, despite your objection, if we have compelling legitimate grounds for the processing that override your interests, rights and freedoms.
You have the right to have your personal data deleted, under the conditions detailed in Article 17 GDPR, such as if the personal data has been unlawfully processed.
You have the right to request that the processing of your personal data is restricted. For
instance, if you are contesting the accuracy of the personal data, we may restrict the
processing for a period enabling us to verify the accuracy of the personal data.
You have the right to receive a digital copy of your personal data that you have provided to us, in a commonly used, structured and machine-readable format and to transmit it to another controller without hindrance from us. The right to data portability only applies to personal data that you have provided us with and that we process by automated means, based on your consent or our fulfilment of an agreement with you.
Right to lodge a complaint
If you believe that we have processed your personal data in an unlawful manner or if you are otherwise dissatisfied with the manner in which we process your personal data, we welcome
you to get in contact with us. If you are not satisfied with our handling of your complaint or if
you do not wish to contact us, you have the right to lodge a complaint with the supervisory
authority responsible for data protection. The supervisory authority in Sweden is the Swedish Data Protection Authority (Swe: Datainspektionen) (www.datainspektionen.se).
We have implemented appropriate technical and organizational measures to protect your personal data from unauthorized access, loss or corruption. We continuously adjust our security measures to the technical development in order to maintain a high security level.
CHANGES TO THIS POLICY
We may make changes to this policy in the future, to reflect changes to our services. If we make changes, we will notify you via the app.
If you have any questions, comments or complains regarding this Policy or our processing of your personal data, you are welcome to contact us at:
Södra Bergsstigen 7
711 31 Lindesberg