eShepherd – EU Data Act information sheet
About this sheet
This sheet gives the information the EU Data Act (Regulation (EU) 2023/2854) requires about the data the eShepherd System generates. It applies to customers located in the European Union, or whose Hardware is registered and used there.
It covers two things:
- eShepherd Hardware – eShepherd Neckbands [and Base Stations – tech team to confirm]. This is the connected product.
- The eShepherd Service – the cloud platform and app that receive and display data from the Hardware. This is the related service.
The Hardware operates with the eShepherd Service and needs active Connectivity to work (clauses 4.1 and 5.5 of the Terms of Service). You can still access your data and share it with others as described below.
Your rights to access and share this data are set out in the eShepherd Terms of Service and the EU Data Annex. This sheet describes the data; it doesn't change those terms.
What data is generated
The data generated depends on the Hardware model, firmware version, configuration and how you use the System. It falls into two groups.
| Group | Examples | How you get it |
|---|---|---|
| Your Data – information the Service displays to you or that you enter | Animal GPS location and movement; activity and behaviour records; cue delivery records; virtual fence, paddock and zone settings; livestock identifiers | View in the Service at any time, export using tools available in the Service, or request it from us |
| System Data – technical data used to run and maintain the System | Hardware diagnostics and battery status; firmware telemetry; connectivity metrics; raw sensor signals and technical parameters; stimulus calibration and delivery telemetry | Request it from us (see “How to access, export, share and delete data”) |
Reports, alerts and recommendations produced by our algorithms are derived data. You can view and export them as Your Data, but they aren't covered by the Data Act access right.
Format. Data is provided in a structured, commonly used and machine-readable format, such as CSV or JSON, with the metadata needed to interpret it.
Volume and frequency. Volume depends mainly on herd size and the number of Neckbands. As a guide, each Neckband records [X–Y] measurements at intervals of [X seconds] to [X minutes].
Continuous and real-time generation. The Hardware generates data continuously while in use. It sends data to the Service [every X minutes] when mobile network coverage is available. When coverage drops, data is stored on the Neckband and sent once coverage returns. A Neckband in Hibernation doesn't communicate with the Service, so no data is sent while it is hibernating. [Tech team to confirm.]
Where data is stored and for how long
- On the Neckband: data is stored temporarily, [up to X hours/days], until it is sent to the Service.
- In the Service: data is hosted on AWS cloud servers in Australia.
- Your Data is kept while your account is active. After your agreement ends, you have 60 days to request a copy (clause 10.8 of the Terms of Service). After that we may delete it, unless we need to keep it for legal, regulatory, security or record-keeping purposes, or may keep using it as clause 10.5 allows.
- System Data is kept [for as long as needed to operate, support and improve the System – tech team to confirm].
How to access, export, share and delete data
- View and export: you can view and export Your Data in the Service at any time.
- Request data: to request any data covered by the Data Act, including System Data, email eshepherd.support@gallagher.com with the subject “EU Data Act – Data Access Request”. It's free of charge. We'll respond without undue delay, and in any event within 30 days.
- Share with a third party: use the same email address to ask us to send data to a third party you choose, or to stop sharing it. See section 4 of the EU Data Annex.
- Delete: [you can delete [specified data] in the Service – tech team to confirm], or ask us to delete Your Data, subject to any legal retention requirements. Where data is personal data, you also have rights under the GDPR, explained in our Privacy Statement.
How we and others use the data
We use Your Data and System Data to provide, support, secure and improve the Service and our products, to evaluate, train and develop our algorithms and models, and to create Aggregated Data that can't identify you, your farm or your animals. The details are in clause 10.3 of the Terms of Service and section 5 of the EU Data Annex.
We share data only:
- with service providers who help us run the Service, bound by confidentiality, and with other Gallagher Group companies;
- as Aggregated Data, with third parties for research, benchmarking, industry insights and product development, and other lawful purposes related to agriculture, animal or land management; and
- otherwise, at your request or where the law requires.
We don't use your data to work out your economic situation, assets or production methods in a way that could undermine your commercial position.
Who we are
- Data holder: Gallagher eShepherd Pty Ltd, Suite 7, 670 Canterbury Road, Surrey Hills, VIC, 3127, Australia.
- EU legal representative: Gallagher Europe BV, Bornholmstraat 62a, 9723 AZ Groningen, the Netherlands
- Contact: eshepherd.support@gallagher.com
- Trade secrets: Gallagher eShepherd Pty Ltd holds the trade secrets that may be contained in System Data. Clause 2.7 of the EU Data Annex explains how they are protected when data is shared.
Your contract
The Service runs month to month, or for a prepaid Fixed Period. You can cancel or end it as described in clauses 4.2, 4.5 and 5.3 of the Terms of Service. Hardware is bought separately under the Hardware Purchase Terms.
Complaints
If you think we haven't met our obligations under the Data Act, you can complain to the competent authority in any EU Member State, or refer a dispute to a certified dispute settlement body. See clause 7.3 of the EU Data Annex.
Changes to this sheet
We'll update this sheet if the information changes and tell you about changes that materially affect you, such as a new data holder or a new purpose for using your data. Earlier versions are available on request.