A. Information on data privacy

With this document, Bayer (Pty) Ltd (hereinafter “us”, “our” or “we”), wishes to provide you with information on how we handle your personal data and to obtain your consent for specific purposes as outlined below.

1. Handling of personal data

Unless otherwise indicated in the following sections, the legal basis for the handling of your personal data results from the fact that it is necessary to pursue our legitimate interest to promote our products and services, (Art. 6(1)(f) General Data Protection Regulation):

a. Maintain customer relationship management
We maintain a customer relationship management system where we store personal data about you:
- ● “Contact Information”: This category of personal data encompasses e.g. your name, address, phone/fax/mobile-number, e-mail or other online contact information. We receive Contact Information from our individual business contacts with you or from commercial data providers as well as from publicly available sources, e.g. websites. We use your Contact Information in order to promote our products and services or deliver urgent medical information regarding our products.
- ● “Analyze customer relations”: In case you purchase products from us or make use of our services, we store your customer history. We use this information in order to be able to better understand your interests and inform you about our products and services that might interest you. Furthermore, we document and analyze our individual contacts with you in order to continuously improve your experience with our products and services. This may include the topics discussed with you and your interest in them. In this context, we may also receive data about your interests from commercial data providers.
- ● “Improve customer collaboration”: In order to manage our collaboration with you in an effective way and to support successful market development of our products and services, we try to better understand which scientific/medical topics you are particularly interested or involved in. This category of personal data is based on our own data or experiences or provided by market research agencies or commercial data providers and encompasses e.g. information about your area of medical expertise, your scientific activities such as publication of scientific articles, participation in research projects and professional congresses.
b. Conduct market research studies
We work together with fully independent market research agencies, who, on our behalf, conduct market research studies globally, focused on our scientific interests and products. We may share your Contact Information with these market research agencies in order to conduct market research studies that are specific to our customers.
c. Deliver marketing/medical communications
We may use your Contact Information to communicate with you through phone calls, direct mail, e-mail or other electronic communication (e.g., fax, chats on websites, text messages, messenger messages or remote detailing/incl. customer services on demand) in order to deliver marketing/medical communications. We might use marketing/medical communications to provide information about services, products or events related to your medical interest or to collect feedback on our products and services. This may include displaying customized advertisements tailored to your interests to you on our or other websites and apps. However, marketing/medical communications via e-mail or other electronic communications (“Electronic Marketing/Medical Communications”) as well as via phone calls are subject to you providing your consent, (Art. 6(1)(a) General Data Protection Regulation).
d. Analyze your use of our Electronic Marketing/Medical Communications
In order to customize our Electronic Marketing/Medical Communications to meet your needs and preferences and subject to you providing your consent, we analyze your use of our Electronic Marketing/Medical Communications, for example whether you opened and how you used our Electronic Marketing/Medical Communication (e.g. which links you clicked).
d. Process your purchases
In case you place a purchase order with us, we process your Contact Information and your payment information in order to process your purchase order, including organizing shipment to you. The legal basis for the processing is the conclusion and fulfilment of the purchase contract for the ordered goods or services, Art. 6 (1)(b) General Data Protection Regulation. If you choose to pay on account, i.e. we provide our products or services before payment, we carry out a credit check to protect us against payment defaults, Art. 6 (1)(f) General Data Protection Regulation.

2. Transfer of personal data

2.1 Commissioned Processing

We use specialized service contractors that help us in providing our services. Such service contractors are carefully selected and regularly monitored by us. Based on respective data processor agreements, they will only process personal data upon our instruction and strictly in accordance with our directives.

2.2 Third Parties

We transfer or give access to your personal data to third parties in the following circumstances:

a. We may share your Contact Information with fully independent market research agencies as described above in Section 1.b.
b. We may transfer your above-referenced personal data to other Bayer affiliates for the purposes specified above. However, other Bayer affiliates will only directly deliver corresponding marketing communications via e-mail or other electronic communications to you, if you provide your consent below.
c. We may also transfer your above-referenced personal data to other partners that need to be involved in managing a service or communication towards you, e.g. hotels or travel agencies.
d. Your data may in part also be transferred and processed in countries outside the European Economic Area (“EEA”), which may have a lower data protection level than European countries. Wherever required, we will ensure that a sufficient level of protection is provided for your data, e.g. by concluding specific agreements with the respective data importer. Such data transfers are only carried out in accordance with applicable data privacy laws.

3. Retention period for personal data

We only retain personal data for as long as is necessary for the purpose of a continuous customer relationship with you. As a rule, your personal data will be automatically archived for 3 years after 2 years of inactivity and then deleted. This does not apply, i.e. we retain your data for a different retention period, where otherwise provided by law (e.g. in connection with the performance of a contract concluded with you, a pending litigation or according to applicable tax laws).

4. Information regarding your rights

The following rights are in general available to you according to applicable data privacy laws:

a. Right of information about your personal data stored by us;
b. Right to request the correction, deletion or restricted processing of your personal data;
c. Right to object to a processing for reasons of our own legitimate interest, public interest, or profiling, unless we are able to prove that compelling, warranted reasons superseding your interests, rights and freedom exist, or that such processing is done for purposes of the assertion, exercise or defense of legal claims;
d. Right to file a complaint with a data protection authority;
e. You may at any time with future effect revoke your consent to the collection, processing and use of your personal data.

If you wish to exercise your rights, please address your request to the Data Privacy Manager za_data_privacy@bayer.com.

B. Declaration of consent

You hereby authorize Bayer (Pty) Ltd (hereinafter “us”, “our” or “we”) as well as other Bayer affiliates involved in managing a service or communication towards you, to directly deliver marketing/medical communications to you through e-mails or other electronic communications containing information about services, products or events related to your medical interest (“Electronic Marketing/Medical Communications”) as well as via phone calls and to analyze your use of our Electronic Marketing/Medical Communications in order to enable a customization of Electronic Marketing/Medical Communications to meet your needs and preferences as described in the information on data privacy above.

You are free to revoke your consent at any time with future effect. Please address your declaration of revocation to the contact described in the information on data privacy section 4 above. Furthermore, every Electronic Marketing/Medical Communication we send to you includes an option for you to easily revoke your consent by clicking an unsubscribe link.

About Bayer in Africa

Bayer’s presence in Africa dates back to the late 1800’s, with the first legal entity set-up in South Africa followed by Morocco, Kenya, Algeria, Nigeria and Zimbabwe. At present Bayer is cementing its presence in Africa with over 1000 employees spread across legal entities already established in a number of countries, and other are in the process of being established. Our key business locations in Africa include South Africa, Kenya, Cote d’Ivoire, Morocco and Algeria. We plan to further expand our presence in Africa in all our areas of business.

Our Focus is on Southern Africa

Bayer has a long history in South Africa, dating back to the early 1920’s when Taeuber & Corssen (Pty) Ltd were appointed as agents of the then German chemical company, Bayer AG. Following an evolutionary process spanning more than half a century, Bayer in South Africa formally came into existence in 1993, consolidating its activities in the country in the industrial/chemical, agricultural, healthcare and consumer fields.

With the majority of Bayer’s total sales on the continent generated in South Africa, the country plays a key role in Bayer’s African strategy. South Africa therefore remains a key market for Bayer and will play an instrumental role in facilitating the expansion into the Southern African region in particular.

Bayer’s business focus in concentrated in three divisions:

Our Pharmaceuticals Division has been active in South Africa for more than 50 years with the business steadily expanding into the continent, in both the public and private healthcare sectors. Our Pharmaceutical Division offers innovative drugs and novel therapeutic approaches in several therapeutic areas, including Cardiovascular and Blood diseases, Cancer Therapies, Neurology, Men’s Health, Radiology and Imaging, as well as Women’s Healthcare. We remain the global leader in female contraception and are well established in the South African market in this field

The Consumer Health Division distributes many of its well-known over the counter products in the Dermatology & Gastrointestinals, Nutritionals and Analgesics in Southern Africa. We offer dynamic ranges and sizes in some product categories in order to suite different consumer needs in the market. Some of our popular Consumer Health brands include Aspirin, Cal-C-Vita, Berocca, Canesten, Bepanthen and more recently Demazin, Clarityne, Drixine and Tinaderm.

Bayer’s Zambuk is an iconic 100% South African brand with great historical affection and multiple traditional usages, that has been going for over 100 years.

Crop Science

Africa, as a continent, represents huge potential to produce high yielding crops and could make a big contribution to world food supply. While the Crop Science Division is well established in South Africa, the business is in the process of actively expanding the business into the rest of the Southern African Region.

This Region is characterised by large Commercial farmers mainly based in South Africa in contrast to small scale farmers in other Southern African countries. Our Crop Science Division has responded with solutions that meet both these requirements. Though our Crop Protection business, this Division is a dominant player in the Region’s agricultural sector with products such as Luna, Movento, Notivo and Sekura to name a few. Bayer is also in the beginning phases of its Seeds business in Southern Africa.

The Crop Science Division also entails two other important areas of Bayer’s business, including:

Environmental Science

Environmental Science specializes in the development and marketing of pest, weed and plant-disease control solutions for non-crop situations. This encompasses vector control; professional pest control (incl. termite control and stored product protection); professional self-applied; rural hygiene; turf & ornamental and industrial vegetation management.

As a world leader, Bayer Environmental Science’s aspiration is to protect the environment we live in and improve our quality of life. It is to provide greater environmental, hygiene and health benefits, as well as improve living standards and comfort in the various Environmental markets

These markets includes:

Vector Control products which contribute to protecting human health against vector borne diseases (malaria, dengue and chagas).
Professional Pest Management solutions to help safeguard and guarantee hygiene in places where we live or work.
Professional Self-Applied for the do-it-yourself consumer and home owner.
Rural Hygiene for the control of pests in professional housing for animals, excluding any use in or on animals.
Our Industrial vegetation management (IVM) business helps maintain the integrity and hence the safety of structures (railways, motorways, pavements)

Turf & Ornamental to help our customers to maintain healthy turf and beautiful landscapes.

Animal Health

Bayer’s Animal Health business is one of the world’s leading research-based veterinary pharmaceutical companies, and is very active in Southern Africa. As a global leader in production animal as well as companion animal products, we are able to provide animal health solutions for animals ranging from well cared for suburban pets and horses, to rural animals used for commercial, subsistence and transport purposes. As a specialist in the field of parasiticides, we take pride in owning a number of leading brands, including Drastic Deadline, Baycox, Seresto, Advocate, Drontal, Advantage and Advantix.

Through its product offering and community involvement, Bayer constantly strives to improve the lives of owners and their animals alike, by providing education on animal health management, particularly to farming communities in rural areas. Ensuring the continuing safety of the food we eat starts with educating and helping farmers, whether they are large commercial farmers or small scale communal or emerging farmers.

Made in South Africa for Africa

Southern Africa is also home to the only manufacturing plant in Africa located in Nigel, Johannesburg. The plant has handled formulation, packaging, labelling and logistics since 1982, and is one of the major keystones of operation in the Southern African region enabling Bayer to deliver the right product, on time, always across sub groups.
The plant is able to pack products for the diverse needs of the different types of farmers Bayer serves. The plant also serves neighboring countries and selected product to sub-Saharan Africa.