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FieldWatch Privacy Policy
Last modified: April 21, 2020
FieldWatch, Inc. (“FieldWatch”) is committed to protecting your privacy through our compliance with this Privacy Policy. This policy describes the types of personal information FieldWatch may collect from you when you visit any FieldWatch Website (defined below) and how FieldWatch uses personal information.
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Key Terms
In this Privacy Policy, these terms have specific meanings:
- “Registered User” means any person or entity that has signed the FieldWatch Site Use Disclaimer, created a FieldWatch account, and is in good standing.
- “Visitor” means any person who visits any FieldWatch Website. A Registered User is afforded the privacy rights of Visitor when visiting the FieldWatch Website without logging in.
- “Personal Information” means any information that identifies or can be used to identify a Registered User or a Visitor, directly or indirectly. Examples of Personal Information include first and last name, phone number, email address, address, occupation, or other demographic information.
- “Website” means the any website owned and operated by FieldWatch, including www.FieldWatch.com; www.DriftWatch.org; www.BeeCheck.org, www.CropCheck.org, www.FieldCheck.org, and www.SeedFieldCheck.org or any web pages, interactive features, applications, widgets, blogs, social networks, or other online, mobile, or wireless offerings that post a link to this privacy policy.
- “Services” means Website and associated services provided by FieldWatch.
- “Terms” means FieldWatch’s Terms of Use.
- “You” and "your" means, depending on the context, either a Registered User or a Visitor.
- Other defined terms have the meaning provided in FieldWatch’s Terms of Use.
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Privacy for Visitors
This section applies to Personal Information that FieldWatch collects and processes through the Website and in the usual course of business. In this section "you" and "your" refers to Visitors.
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The Information FieldWatch Collects from Visitors
- Information you provide to us on the Website or otherwise: You do not have to provide any Personal Information to visit the Website. FieldWatch may collect Personal Information you voluntarily provide on the Website, such as necessary to provide you with newsletters, updates and news about FieldWatch.
- Information collected automatically through the Website: When you visit the Website, FieldWatch may also collect certain information automatically from your device. We use cookies and other tracking technologies to collect some of this information. You can set your browser to opt-out from using cookies, but some functionality may be decreased.
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Use of Visitors’ Personal Information
We may use the information we collect through our Website for various reasons, including:
- To provide you the Services.
- To send you information for educational purposes.
- For recruitment purposes if you have applied for a position with FieldWatch.
- To respond to your online inquiries.
- To improve Website security.
- To improve the content of our Website.
- To identify any server problems, connectivity or network issues.
- To compile aggregated statistics about site usage and to better understand the preferences of our Visitors.
- To carry out other legitimate business purposes, as well as other lawful purposes.
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Cookies and Tracking Technologies
FieldWatch may use various technologies to collect and store information when you use our Services, and this may include using cookies and similar tracking technologies. These technologies allow FieldWatch to collect information such as the recipient’s IP address, browser, general location, frequency of use, and other similar details. We use this information to measure the usage and performance of the Website and to enhance the Services.
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Visitors’ Data Protection Rights
You have the following data protection rights:
- To correct or request deletion of your Personal Information. You may contact us directly at any time about correcting or deleting your Personal Information, or altering your data or marketing preferences by emailing us at info@FieldWatch.com. We will consider your request in accordance with applicable laws.
- In addition, if you are a resident of the European Union, you can object to processing of your Personal Information, ask us to restrict processing of your Personal Information or request portability of your Personal Information. You can exercise these rights by emailing us at info@FieldWatch.com.
- Similarly, if we have collected and processed your Personal Information with your consent, then you can withdraw your consent at any time. Withdrawing your consent will not affect the lawfulness of any processing we conducted prior to your withdrawal, nor will it affect processing of your Personal Information conducted in reliance on lawful processing grounds other than consent.
- You have the right to complain to a data protection authority about our collection and use of your Personal Information. For more information, please contact your local data protection authority. If you are unsure who your data protection authority is, please contact FieldWatch at info@FieldWatch.com.
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The Information FieldWatch Collects from Visitors
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Additional Privacy for Registered Users
In this section, "you" and "your" refer to Registered Users.
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Information FieldWatch Collects from Registered Users
The Personal Information that FieldWatch may collect from Registered Users falls into the following categories:
- Information you provide when creating an account: While using our Services, you may provide Personal Information to FieldWatch. Personal Information is provided when you sign up for and use the Services, consult with a FieldWatch representative, send FieldWatch an email, or integrate the Services with another provider.
- Information collected from State Data Stewards: FieldWatch may obtain information about you from state data stewards responsible for overseeing FieldWatch Services and verifying accuracy of information in FieldWatch’s registries.
- Information collected from other Registered Users: FieldWatch may obtain information from other Registered Users about you. For example, FieldWatch may learn from other users that information you provided is not accurate.
- Information from third-party Integrated Services. FieldWatch may include integrations with other technology platforms (“Integrated Services”). If you allow Integrated Services to share your information with FieldWatch, FieldWatch may obtain information about you through these sources.
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FieldWatch’s Use of Registered Users’ Personal Information
FieldWatch may use the Personal Information collected through the Services for the following reasons:
- To provide the Services to other Registered Users and Visitors. Some of your Personal Information is stored in the FieldWatch Registries in order to display this information on the FieldWatch map. Please review FieldWatch’s Terms of Use for more information about how FieldWatch uses Registered User provided information (User Submissions).
- To communicate with you about your account or Registered User status.
- To provide customer support.
- To provide to state Data Stewards for verification and use on the Website.
- To comply with court orders, subpoenas, and other legal requests.
- To provide information to our professional advisors, including attorneys and accountants.
- To prosecute and defend a legal proceeding.
- To share with Integrated Parties for displaying FieldWatch registries in Integrated Party platforms.
- For other lawful purposes about which we will notify you.
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Registered User’s Data Protection Rights
Registered Users may have the same data protection rights as Visitors. To the extent FieldWatch has provided Personal Information to third parties in accordance with this Privacy Policy, FieldWatch may not be able to delete or alter a Registered User’s Personal Information.
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Information FieldWatch Collects from Registered Users
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Use of Personal Information for Marketing and Education
FieldWatch may use your Personal Information to provide you with information about FieldWatch Services available in your area. Registered Users and Visitors who have opted in to FieldWatch marketing and notification emails can opt out by clicking the "unsubscribe" link at the bottom of our marketing messages. All opt-out requests can also be made by emailing info@FieldWatch.com.
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Security
FieldWatch takes reasonable technical and organizational measures to protect Personal Information from loss, misuse, unauthorized access, disclosure, alteration, and destruction, taking into account the risks involved in the processing and the nature of the Personal Information.
FieldWatch Registered User accounts require a username and password to log in. Registered Users must keep their username and password secure. FieldWatch cannot resend forgotten passwords but we will only provide Registered Users with instructions on how to reset them.
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Retention of Information
FieldWatch retains Personal Information where there is an ongoing legitimate business or legal need to do so. When there is no ongoing legitimate business need to process your Personal Information, FieldWatch will either delete or anonymize it or, if this is not possible (for example, because your Personal Information has been stored in backup archives), then FieldWatch will securely store your Personal Information and isolate it from any further processing until deletion is possible.
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State Specific Laws that May Apply to Collection of Personal Information
FieldWatch is an Indiana non-profit corporation. To the greatest extent possible, Indiana law applies to Visitor and Registered User’s privacy rights. Depending on various factors, other state laws may apply to your use of the FieldWatch website. If you reside in the following jurisdictions, the additional provisions below may apply to you:
CaliforniaUnder California Law, California consumers have the right to:
- Request that a business that collects a consumer's personal data disclose the categories of personal information that a business has collected about consumers.
- Request that a business delete any personal information about the consumer that a business has collected.
- Request that a business that sells a consumer's personal information, not sell the consumer's personal information.
- To request the above information, please contact us at info@FieldWatch.com. FieldWatch will respond within one month.
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Privacy Rights of Children
FieldWatch does not knowingly solicit, collect, or store the Personal Information of children under the age of 16. Please do not submit any Personal Information of a child under the age of 16 to FieldWatch. If you are under the age of 16, please do not use the Services or submit Personal Information to FieldWatch. FieldWatch will delete any Personal Information discovered of any child under the age of 16.
- Payment Processors. FieldWatch uses third parties to process payments from supporters and users of the Services (such as Paypal) (“Payment Processors”). FieldWatch does not obtain or retain financial information required by Payment Processors. Use of Payment Processors’ websites to make payment to FieldWatch is subject to the respective Payment Processors’ privacy policy and other agreements.
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Modifications
FieldWatch may update this Privacy Policy at any time. All updates and amendments are effective immediately upon receiving notice or when you visit the Website.
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Miscellaneous Legal Terms
This Privacy Policy is governed by Indiana law. Any suit naming FieldWatch (including any affiliated company or brand, owners, employees, attorneys, or agents) as a party involving this Privacy Policy must be filed in the state courts or federal district court located in Indianapolis, Indiana, and you consent to venue and jurisdiction there. FieldWatch’s failure to enforce any provision in this Privacy Policy is not a waiver of the right to do so at a later date. If any provision is found unenforceable, the remaining provisions of the Privacy Policy will remain in full effect. You may not assign your FieldWatch account or any of your rights in this Privacy Policy. This Privacy Policy does not create an employee, partnership or agency relationship between you and FieldWatch.
BeeWhere Site Disclaimer
Thank you for using the BeeCheck® App as part of California’s BeeWhere program!
BeeWhere is a real time communication tool used in the State of California to foster better communication between Growers, Beekeepers and Pesticide Applicators during bloom. BeeWhere is based on the current California laws outlined below to steward our pollinators as they are in the field during any blooming crop or weed activity.
Registration is the law for Beekeepers. Registration information is only viewable to the County Ag Commissioners and staff. Pesticide Applicators, Grower Applicators and PCAs do not receive the actual location data. All laws cited below can be found in the Food and Ag Code: Bees. ARTICLE 4. Registration and Identification of Apiaries [29040 - 29056]
29040.
Every person that is the owner or is in possession of an apiary which is located within the state, on the first day of January of each year, shall register the number of colonies in each apiary which is owned by the person and the location of each apiary. Every person required to register under this article, shall do so on the first day of January of each year in which they maintain, possess, or are in possession of an apiary, or within 30 days thereafter, as prescribed in this article.
(Added by Stats. 1987, Ch. 1404, Sec. 2.)
29042.
Every person who moves bees into the state or otherwise comes into possession of an apiary that is located within the state after the first day of January, shall register the name of the owner and the number and location of colonies moved into the state or so acquired within 30 days after coming into possession of the apiary.
(Amended by Stats. 2018, Ch. 320, Sec. 1. (AB 2468) Effective January 1, 2019.)
Beekeepers can use the BeeWhere system to easily register with their local county and provide notification of hive locations, or they can contact the County Ag Commissioner directly to register with local county.
29043.
Registration of an apiary shall be filed with the commissioner of the county in which the apiary is located, or with the director if there is no commissioner in the county. The director shall adopt a form of registration to be used statewide, which shall include a request for notification of use of pesticide in accordance with Section 29101. All commissioners shall use the same form. (Added by Stats. 1987, Ch. 1404, Sec. 2.)
29045.It is unlawful for a person to maintain any apiary that is not registered pursuant to this article. Each registration is valid until January 1 of the following year. (Amended by Stats. 2018, Ch. 320, Sec. 2. (AB 2468) Effective January 1, 2019.)
Beekeepers are charged an annual $10 Registration Fee regardless of whether they choose to register through BeeWhere or directly with the County. A county may waive the registration fee, for a hobbyist not in the business of beekeeping and who possesses nine or fewer colonies.
29044.
Each beekeeper, apiary owner, apiary operator, or person in possession of any apiary, shall pay, in addition to any other fees imposed under this chapter, an annual registration fee of ten dollars ($10) to the commissioner of the county where the bees reside on January 1, to cover the cost of apiary registration. The director shall by regulation adopt and periodically update a schedule of the fees, which shall include late fees for anyone who fails to register an apiary under Sections 29041 and 29042. The board of supervisors of any county may waive the registration fee for any beekeeper, apiary owner, apiary operator, or person, who is a hobbyist not in the business of beekeeping and who possesses nine or fewer colonies. (Amended by Stats. 1992, Ch. 146, Sec. 1. Effective January 1, 1993.)
Beekeepers must mark their registered hives with identifying information to help facilitate communication with grower, applicator and other in-field stakeholders. This information should include:
29046.
(a) No person shall maintain an apiary on premises other than that of his or her residence unless the apiary is identified as follows:
(1) By a sign that is prominently displayed on the entrance side of the apiary or stenciled on the hive, that states in dark letters not less than one inch in height on a background of contrasting color, the name of the owner or person responsible for the apiary, his or her address and telephone number, or if he or she has no telephone, a statement to that effect.
(2) If the governing body of the county or city in which the apiary is located has provided by ordinance for the identification of apiaries, in the manner that is prescribed in the ordinance.
(b) No person shall locate or maintain an apiary on private land not owned or leased by the person unless the person has approval from the owner of record, or an authorized agent of the owner of record, and can establish approval upon demand of the secretary or commissioner. The approval shall include the name and phone number of the person granting approval.
(c) (1) No person shall locate or maintain an apiary on any public land without the expressed oral or written approval of the entity that owns, leases, controls, or occupies the land, and can establish this approval upon demand of the secretary or the commissioner. The approval shall include the name and telephone number of the person granting the approval. During the citrus bloom period, as established by the commissioner, including 72 hours before the declaration of the bloom period until 48 hours after the conclusion of the bloom period, the apiary operator shall obtain written permission to place bees on public land, and shall make it available to the secretary or the commissioner upon demand. Any apiary located or maintained on public land without lawful consent is a public nuisance and may be subject to seizure by the secretary or the commissioner.
(2) The secretary or commissioner may commence proceedings in the superior court of the county or city and county in which the seizure is made petitioning the court for judgment forfeiting the apiary. Upon the filing of the petition, the clerk of the court shall fix a time for a hearing and cause notices to be posted for 14 days in at least three public places in the place where the court is held, if the person owning the apiary is unknown, setting forth the substance of the petition and the time and place fixed for its hearing. At that time, the court shall hear and determine the proceeding and upon proof that the apiary was located or maintained on public lands without approval of the entity, may order the apiary forfeited. Any apiary so forfeited shall be sold or destroyed by the secretary or the commissioner. The proceeds from all sales shall be used in accordance with Section 29032.
(Amended by Stats. 2018, Ch. 320, Sec. 3. (AB 2468) Effective January 1, 2019.)
Beekeepers must maintain active locations, providing an update to the County Ag Commissioner through BeeWhere or a phone call to the local office within 72 hours of a hive re-location. This includes relocations both in county and between counties.
Current Law through 12/31/2019:
29070.5.
Any apiary operator or his or her designated representative relocating a colony of bees within a county where the apiary is currently registered shall notify the commissioner of the movement.
(Amended by Stats. 2018, Ch. 320, Sec. 5. (AB 2468) Effective January 1, 2019.)
Effective Law 1/1/20 (under AB 450 Bees: Apiary Protection Act)
29070.5.
Any apiary operator or the apiary operator’s designated representative relocating a colony of bees within a county where the apiary is currently registered shall notify the commissioner of the movement within 72 hours of the relocation
BeeWhere acts as a data steward to provide County Ag Commissioners registration data for beekeepers seeking Notification by Pesticide Applicators. Pesticide Applicators are required to provide 48-Hour Notification of pesticide application to all registered beekeepers who have requested Notification within a mile of the permit when a pesticide LABELED TOXIC TO BEES is being applied. The notification is meant to foster communication, it does NOT block their application.
§ 6654. Notification to Beekeepers.
(a) Each person intending to apply any pesticide toxic to bees to a blossoming plant shall, prior to the application, inquire of the commissioner, or of a notification service designated by the commissioner, whether any beekeeper with apiaries within one mile of the application site has requested notice of such application.
(b) If the person performing pest control is advised of a request for notification, he or she shall notify the beekeeper, at least 48 hours in advance of the application, of the time and place the application is to be made, the crop and acreage to be treated, the method of application, the identity and dosage rate of the pesticide to be applied and how the person performing pest control may be contacted by the beekeeper. This time may be increased or decreased by the commissioner, or by a agreement of both the beekeeper and the person performing the pest control work.
(c) This section shall apply statewide. However, from March 15 through May 15 in a citrus/bee protection area, if there are conflicts between the provisions of this section and those of section 6656, section 6656 shall prevail.
Note: Authority cited: Section 29102, Food and Agricultural Code. Reference: Section 29102, Food and Agricultural Code
Because BeeWhere is a real time communication system, by acknowledging your use here, you are acknowledging sites marked with one or more hives are active locations with your bees present. A location marked with zero hives can be used to document your own historical data without interrupting the mandatory notification system for active bees.