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Introduction
This Privacy Policy (“Policy”) tells You how Gardyn, Inc., a company formed under the laws of Delaware having an address at 8120 Woodmont Avenue #640, Bethesda, MD 20814 (“Gardyn” “us” “ours” or “we”) collects, uses, shares, secures, and eventually deletes, information collected from and about Users of our Website and App. This Policy also describes how our Product collects, uses, shares, and secures, information collected from and about our Customers.
If You are applying for a job with us, please click on the Careers link at the bottom of our Website. This will take you to our LinkedIn page, which contains the list of jobs. Use the “Easy Apply” feature to apply.
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Scope of this Policy
This Policy covers both our online and offline data collection activities, including information that we collect through our Website, as well as our offline via our Products.
By continuing to visit and use our Website and App, You are agreeing to the terms of this Policy. If You do not agree, then please exit this Website, close Your browser, and delete our App.
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Definitions
“Customer” means a natural person that purchases our products via our Website or via one of our Affiliates or that signs up for our App to use our products.
Please note that we sell our products via independent retailers as well. When You purchase our products from an independent retailer, You may be considered that retailer’s customer and not our Customer. That retailer may be collecting Your Personal Information in connection with the sale as well. We do not share or receive Your Personal Information with or from these independent retailers, and thus, You should review that retailer’s privacy policy for more details on the Personal Information that they are collecting from You.
“Personal Data” means Personal Information.
“Personal Information” means any information relating to an identified or identifiable individual that is collected from our Customers and Users via our Website and App or offline via collection from our Products. Personal Information may include a Customer’s or a User’s: full name, physical address, email address, IP address, or other identifier such as from a Cookie.
Personal Information does not include any aggregate or anonymized data that may have been created from Personal Information but can no longer be used to identify, relate to or could reasonably be linked to a Customer or a User.
“Product(s)” means our artificial intelligence powered indoor garden that You have bought from our Website.
“Sensitive Personal Information” means any information collected from our Customers and Users that reveals a racial or ethnic origin, political opinion, religious belief, philosophical belief or trade union membership. It also may include a natural person’s genetic and biometric data, financial information, and data concerning their health, sex life or sexual orientation.
“User” means a natural person that visits and interacts with our Website.
“You” or “Your” means a Customer or User.
“Website and App” including those terms individual, means our website https://mygardyn.com and our Gardyn application available on most app stores.
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Gardyn’s Information Collection Practices Overview
Gardyn offers a range of products and services via our Website and App. It is our policy to only obtain Personal Information that is absolutely necessary to provide our products and services to You and to limit the access to customer Personal Information to only those individuals who need it to serve our Customers’ and Users’ needs.
To provide You with the most comprehensive and personalized Customer experience possible, and in connection with Your preferences, we may combine information collected via one method (e.g., via our Website) with information collected via another method (e.g., from our Product). Additionally, as we strive to provide the best service and experience, certain information may also be used to maintain and improve our customer service to You; be used to create and develop new products, offerings, and events; and otherwise support the provision of our products and services to our Customers. We have outlined all of the different ways that we share and use Your information in this Policy.
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Information that We Collect from You When You Visit Our Website:
We collect certain Personal Information from You in order to operate our Website and App effectively and provide You with the best experiences when You visit and use them.
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Information Provided By You
When You register for a Customer account online or sign up for a membership with us after purchase of a new Product, purchase of a used Product, or being given a gift, we will collect certain Personal Information about You such as Your name, address, e-mail address, date of birth or age range, telephone number, general geographic location (such as Your zip code or city and state), or other lifestyle information. We may use a third party to collect this information. We may also collect information via a questionnaire about how you heard about Gardyn, your reasons for purchasing the Product and to personalize your Product, among other questions. We may use a third party to collect this information. You have the option to modify certain demographic information stored under Your account profile and if You choose, You can have Your purchase history and other related preferences stored as well).
When You make a purchase with us directly online, a third party may collect Your financial information on our behalf, which is also considered Sensitive Personal Information. A third party, on our behalf, would also need to collect any information that You use to make a purchase, such as Your credit card details (cardholder name, card number, expiration date, etc.), gift card information, check, or other forms of payment (if such are made available). This also includes the billing name and address associated with Your form of payment.
When You make a purchase directly with us online, we may collect your contact information: name, physical address, email address, social media handles, and phone numbers. Please note that we do not collect and maintain your payment information directly, instead we utilize a third-party payment processor to collect and facilitate all online payments on our behalf. Additionally, if You choose to store Your payment information on Your account, such information will be stored by the Payment Processor and not with us directly. Please see the section on how we share information with our Payment Processor below for more information. To review or edit Your demographic or billing information, go to the relevant “My Account” section of our site or contact Customer Service.
We will also collect certain Personal Information about You, such as Your email address and name, when You sign up to receive our marketing communications and if You provide us with a review or feedback about our Products.
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Influencer Program
If You apply to be in our Influencer Program, we will collect certain Personal Information about You such as Your name, physical address, email address, social media handles, website, and phone numbers. If You are chosen for a collaboration, we will also collect additional Personal Information from You, such as Your biometric information via Your video review(s) and other content developed, and require you to enter into a contract with us. If you enter into that contract, You will receive monetary or other compensation such as a free Product.
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Gardyn’s Retail Partner Affiliate Program
If You are applying for our Gardyn’s Retail Partner Affiliate Program, we will collect Your Personal Information, such as Your name, physical address, email address, social media handles, website, phone number, and information about Your employment (if You are applying on behalf of Your employer). This may also be considered Your Sensitive Information if You work at an employer that is unionized and Your position is in the union.
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Gardyn Grows for Good Program
If You are applying for our Gardyn Grows for Good Program, we will collect Your Personal Information, such as Your name, email address, physical address, social media handles, website, and phone numbers, and information about Your employment (if You are applying on behalf of Your employer). We will also collect other information, such as why You are applying for the program, and details on how the program will help You and the organization on whose behalf You are applying.
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Gardyn for Schools
If You are applying for our Gardyn for Schools, we will collect Your Personal Information, such as Your name, email address, physical address, social media handles, website, phone numbers, and information about Your employment (if You are applying on behalf of Your employer). This may also be considered Your Sensitive Information if You work at a school that is unionized and Your position is in the union. We will also collect other information, such as how the program will help the school on whose behalf You are applying. Please note that we do not collect any information regarding children or students at the schools that participate in this program unless we have written consent from the parents or guardians.If we receive text, photographs, or video or audio content from teachers, parents, or guardians, we shall not use it unless we receive written consent.
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Information collected from Gift Givers
If You have received a new or used Product and/or its accessories as a gift, then we may have collected Your name, physical address, social media handles, website, email address, and phone numbers from the person that bought it for You. You may be able to register for a Customer account online via the Website or the App or via Customer Support or sign up for a membership with us online via the Website or the App or via Customer Support. If you are given a new or used Product as a gift, you may be able to purchase plants without registering for a Customer account or signing up for a membership. When You complete the signup or membership process, we will then consider You a Customer and will then collect Your information as a Customer as outlined in this Policy.
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Information collected on Our Website
We also may use various technologies and methods to collect information directly from You or from Your computer or device and about Your activities on our Website.
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Information collected automatically: We may automatically collect information from You when You visit Our Website and App. This information may include Your IP address, location data, Your browser type and language, access times, the content of any undeleted cookies that Your browser previously accepted from us, referring or exit website address, internet service provider, date/time stamp, operating system, locale and language preferences, and system configuration information.
We may use Google Analytics to collect information about Your use of Our Website and App as well. To research disabling Google Analytics, please find information here: https://support.google.com/analytics/answer/181881?hl=en. We may use other means of analytics. To research enabling other privacy controls, please find information here: https://globalprivacycontrol.org/.
We may also collect information from You automatically through any site or web application that we may develop and run on a third-party social network such as Facebook. This could also include any site or application that we specifically design for use on a cell phone or other mobile device, such as a mobile-enabled site (i.e., WAP site) or mobile application (e.g., iPad/iPhone app).
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Cookies: When You visit our Website, we may assign Your device one or more cookies to facilitate access to our site and to personalize Your online experience. Through the use of a cookie, we also may automatically collect information about Your online activity on our site, such as the web pages You visit, the links You click, and the searches You conduct on our site. Most browsers automatically accept cookies, but You can usually modify Your browser setting to decline cookies.
A cookie is a small text file that is stored on a user’s computer for record keeping purposes. Cookies can be either session cookies or persistent cookies. A session cookie expires when You close Your browser and is used to make it easier for You to navigate our website. A persistent cookie remains on Your hard drive for an extended period of time.
We use cookies to personalize content and ads, to provide social media features and to analyze our traffic. We also share information about Your use of Our site with Our social media, advertising and analytics partners, who may combine it with other information that You’ve provided to them or that they’ve collected from Your use of their services.
When You first visit our site, we provide You with a choice to either accept or deny certain cookies. If You choose to decline cookies please note that some of the features and services of our Website and App and Appmay not function as well as intended. Even if You choose to accept cookies, You are always free to change Your mind and revoke that consent.
Also, to opt-out from third-party cookies that are used for advertising purposes, You can do so on the NAI website at https://www.networkadvertising.org/managing/opt_out.asp.
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Other technologies: We may use standard Internet technology, such as web beacons and other similar technologies, to track Your use of our Website. We also may include web beacons in promotional e-mail messages or newsletters to determine whether messages have been opened and acted upon. The information we obtain in this manner enables us to customize the services we offer to Customers and Users of our Website, to deliver targeted advertisements, and to measure the overall effectiveness of our online advertising, content, programming, or other activities. Web beacons (also known as clear gifs, pixel tags or web bugs) are tiny graphics with a unique identifier, similar in function to cookies, and are used to track the online movements of web users or to access cookies. Unlike cookies, which are stored on Your device, web beacons are embedded invisibly on the web pages (or in emails) and are about the size of the period at the end of this sentence. Web beacons may be used to deliver or communicate with cookies, to count visitors to certain pages, and to understand usage patterns. We also may receive an anonymous identification number if You come to our Website from an online advertisement displayed on a third-party website.
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Customer Surveys and Feedback Forms: We may ask You to voluntarily share with us comments on and aspects of Your experience in using our products or services, via customer surveys online and feedback forms that we may e-mail or mail to You. We may also collect comments and suggestions about our products, App and Website, testimonials, or other feedback You send us about what You may have liked (or disliked) about Your experience in using our products or services.
Additionally, we may use a third-party provider to collect certain feedback, such as testimonials or reviews about our products. Our third-party provider may collect Your Personal Information and Your Sensitive Personal Information directly from You in order to obtain these testimonials or reviews from You. We do not receive Your Personal Information or Your Sensitive Personal Information from the third party provider unless You include the same within the text of the review or testimonial. You may request information about the third party provider by emailing [email protected].
Please note that we welcome and appreciate Your feedback and suggestions. But if You send the same to us, we reserve the right to use the same freely without any restrictions, credit to You, or compensation to You. Additionally, we are under no obligation to keep any such suggestions confidential.
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Information Collected from You Over via Text Messaging, Live Chat, and E-Mail
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Text Messaging
If You have signed up to receive text messages from us, we may collect information from You through one of our inbound text messaging programs. For example, we may periodically allow customers to send us inbound text messages using a short code that we create and advertise in connection with a special offer or promotion. In addition to the message itself, we may also collect Your geolocation information as well and use that information to send You personalized marketing messages. We do not share Your mobile telephone number with any third parties to use for their own promotional/marketing purposes. We utilize third parties to support our text messaging communications with You. You may request information about the third-party provider by emailing [email protected]. You may opt-out of direct messaging by following the instructions you receive to stop messages, typically by replying STOP to any message received.
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Live Chat with Customer Care Team
If You use the live chat feature on our Website, we will collect certain information from You such as Your name, email address, and information about why You are chatting with us. We only collect this information in order to communication with You, address why You are chatting with us, and ensure that You have a great customer experience. Please note that we may use automated means, such as chat bots and other generative artificial technologies to communicate with you via our live chat. The information collected through the live chat is shared with the third party operator of the chat in accordance with this Policy.
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Contact via Email
If You contact us via email, we will collect certain Personal Information from You, such as Your name, e-mail address, and any information You provide in the email such as why You are contacting us. We may need to request additional Personal Information from You or further contract You in response to any email that You send to us. We only collect this information to address why You are emailing us and to respond to that communication.
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Information Collected from or about You from our App and Gardyn Smart Assistant Kelby
If You download our App, You will not only have access to all of our App features and if You have a Gardyn membership, also to Your own Gardyn smart assistant Kelby. Our App connects directly to our Products and will allow You to control Your Product(s) remotely. Our App will collect Your Personal Information, such as Your name, IP Address, home address, and email address. It will also collect information about the device that You are accessing the App from, such as its make, model and operating system.
If You have a Gardyn Membership and are using our App, You are automatically signed up to use Kelby. If you do not want to use Kelby, you can disable this feature through the App or by calling Customer Support immediately upon purchasing your membership to terminate Kelby. If you wish to terminate membership after 72 hours after device pairing, you will not receive a refund absent good cause. If You use the smart assistant Kelby, it will have access to all of the information collected via our App and our Products to analyze the relevant data and make suggestions based on the same. Kelby will contact You via messages from the App which provide tips, alerts, and personalized guidance for Your use of our Products.
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Information Collected from or about You from our Products
When You purchase and register one of our Products, we will collect Your Personal Information, such as your name, email address, physical address, and, if you choose to provide it to us, certain demographic information, such as your age, gender, and income level. Additionally, our Products require access to the Internet to operate properly, and thus, we will also collect Your IP Address and geolocation.
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Product Cameras
Gardyn devices contain cameras which are used to help support the growth of the plants and also provide important information about the health and progress of the plants that our Products are growing. The cameras collect the location of the Product, humidity, temperature, and lighting information. The focal length of the cameras is 12 inches, and outside of that length, all images are blurred. The default settings on the device provide for the cameras to be turned on and capture still photographs of the plants to support their growth and development. The cameras do not record videos or any sound, and there are no microphones included on any of our Products.
Depending on where You place our Product, it is possible that these cameras may capture certain Personal Information such as pictures of You and Your family, the inside of Your home, and other information. We do not intend to capture this information, and we recommend that our Product be placed in a location that will avoid unintentional capture of personal or sensitive photos.
You can access the latest picture taken by your device on your Gardyn app. We recommend that You do so as soon as You first set up the Product and if you reposition or move the Product, to ensure that it is not capturing any unintended images. If You realize that the cameras are capturing images that You do not want them to capture, You should move the Product to a different location as soon as possible to avoid any further image capture and call Customer Support to request deletion of the images. If it is not possible to move the Product to avoid capturing such images, then You can disable the cameras at any time by putting the privacy sticker over the camera or going to the settings section of our App. The photos are processed by our proprietary artificial intelligence to gather information about the plants, and we do not process or store any of Your biometric information, including facial geometry, that might be inadvertently captured by the camera. Gardyn is not responsible for any image or information that the cameras may capture inadvertently.
While the cameras are enabled and taking pictures, they are stored both in the App and in our systems as well in order to support the functioning of the Product and our customer support services. We store these images for as long as needed to support the growth of the plants. As noted above, You can also delete these images at any time bycalling Customer Support. We never post a photo on our website or social media that has been captured from the device without your explicit consent.
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Information Collected from or about You from Third Party Payment Processors
Gardyn utilizes third-party payment processors to collect and process Your payment for our Products. We may use a variety of third parties to facilitate our payments, such asAmazon and PayPal. These companies will collect Your Personal Information directly to complete the sale and provide us with confirmation that the payment has been processed so we can finalize Your order. You can learn more about their privacy practices here:
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Amazon
https://www.amazon.com/gp/help/customer/display.html?nodeId=GX7NJQ4ZB8MHFRNJ
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PayPal
https://www.paypal.com/us/legalhub/privacy-full
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Affirm
Gardyn works with Affirm to provide You with the ability to make easy monthly payments over 6, 12, or 24 months to pay for our Products instead of having to pay the entire balance all at once. Affirm will need to collect Your Personal Information in order to determine Your eligibility for their payment program, and they will only share with us Your acceptance and payment schedule. You can learn more about Affirm’s privacy practices here: https://www.affirm.com/privacy.
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Information Collected from or about You from Social Media
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Customer Generated Content
We may collect Personal Information from content that You create and then share with us (and perhaps others), with your consent, by uploading it to our Website, such as from our Facebook fan pages or other related applications. Such Personal Information may include photos, videos, personal stories, or other similar media or content. This information may be considered or reveal Sensitive Personal Information as it could reveal Your race and gender, and depending on the type of content, could also potentially reveal political opinion and health information. Generally, such customer-generated content is collected from the third-party website’s community features, customer engagement information, and other social networking information.
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Directly from Your Social Media Account
If You have consented on a third-party social media site to sharing Your Personal Information with other third-parties, then we may collect Your Personal Information that is part of Your profile or that You post publicly. Examples may include Your basic account information (e.g., name, email address, profile picture, gender, birthday, current city, user ID, list of friends, etc.) and any other additional information or activities that You permit the third-party social network to share with application developers or that You post publicly on our social networking page. For example, we may receive Your social network information (or parts of it) when You download or interact with a Gardyn Application on a social networking site (such as Facebook) or use a third party social networking feature that is integrated within our Website (such as Facebook Connect). This is Personal Information that is shared with us, and You should consult the third-party social media site that You use for more information on how they collect Your Personal Information and how to opt out of such collection and otherwise exercise Your rights.
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Information Collected about You from Third Parties
Occasionally, we may obtain information about You from third-parties, such as a data aggregator or vendor to provide us with additional information about our existing Customers (this is known as “data appending”), which may include information from Your Gardyn Account profile or Your postings on a third-party social network. We may also receive information from third-party co-sponsors who we may partner with occasionally to run special promotions or giveaways and about Customers from other companies that we may acquire.
We may also receive information about You from Rakuten Advertising (“Rakuten”), which may collect Personal Information from You when You use their services and when You interact with their digital property. This information may include Your address digital identifiers, information about Your web browsing and app usage, and how You interact with Rakuten’s properties and ads for a variety of purposes, such as personalization of offers or advertisements, analytics about how You engage with websites or ads and other commercial purposes. For more information about Rakuten’s data collection and privacy practices, please review their privacy policy here: https://rakutenadvertising.com/legal-notices/services-privacy-policy/ and for information on how to exercise Your privacy rights with Rakuten, please click here: https://rakutenadvertising.com/legal-notices/services-privacy-rights-request-form/.
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Customer Surveys and Feedback Forms
We may ask You to voluntarily share with us comments about and aspects of Your experience in using our Products or services, including our Website, via customer surveys online and feedback forms that we may e-mail or mail to You. We may also collect comments and suggestions about our products and Website, testimonials, or other feedback You send us about what You may have liked (or disliked) about Your experience in using our products or services.
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Gardyn Referral Program
Gardyn’s Referral Program provides rewards to Gardyn Customers who refer their friends to Gardyn for purchases. If You were referred by one of Your friends via this program, we did not receive Your information directly from the person that referred You, but instead will collect Your Personal Information if You decide to make a purchase. We will know that You have been referred because of the unique referral link that Your friend has provided to You or via the gift card information You provide to us. Thus, in addition to Your Personal Information collected as part of the normal course of purchasing our Products, we will also have collected the referral code which will associate You with the person that referred You.
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Third-Party Devices
Gardyn may provide services that are specifically designed to be compatible with and used on third-party devices, such as mobile phones, smart TVs, and tablets. Gardyn will collect certain information that your device sends when you use such services, like a device identifier, user settings, location information, carrier, and the operating system of your device. Gardyn may enable you to download an application, widget, or other tools that can be used on mobile, tablet, or other devices. Some of these tools may store information on your devices. These tools may transmit personal information to Gardyn to enable you to access accounts and to enable Gardyn to track the use of these tools.
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Why We Collect Your Information
We collect Your Personal Information and Sensitive Personal Information for various reasons, which are described below:
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To Service Our Websites
We use information collected to ensure that our Website and App are working as intended and for analytics purposes, to understand how our Website and App are operating and learn how they can be improved. We also use this information as needed for auditing purposes as well.
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To Fulfill Your Order and Provide Our Products to You and Facilitate any Exchanges and Returns
We use information collected to process and ship Your order(s), to inform You about the status of Your order(s), facilitate any exchanges or returns, and to follow up with You about Your satisfaction with the ordered products. We offer a 2-year warranty for new Products and if you purchased a used Product, the warranty will expire as of the date the original purchaser bought the Product.
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To Maintain Your Account
We may use information collected to maintain Your accounts with us, including administering any programs associated with such accounts.
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To Make Personalized Product Recommendations to You
We may use information collected to provide You with Gardyn product recommendations, offers, and rewards that are tailored to Your interests and profile.
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For Our Marketing Purposes
If You have filled out a contact form with us, signed up to receive our alerts, or have otherwise signed up to receive our direct communications, we may use this information to send You marketing communications, such as email communications, mobile messages (including text and/or push notifications), and postal mailings. These communications may inform You about new products, special discounts and coupons, gardening tips, food information and recipes, and other news and special offers. On occasion, these communications may also contain information or offers about third-party products. In some instances (such as for mobile messages), we may use technical information or precise geolocation information obtained from Your mobile device to send You messages directly to Your mobile device, including offers and coupons based on Your location.
We may also use collected information to show You ads that are targeted to reach people (or people similar to people) who have visited our website or are identified in one or more of our databases (“Matched Ads”), including Gardyn ads on our sites or on other sites. This is done by Gardyn uploading a customer list to the third-party ad network or incorporating a pixel from the third-party ad network on our website, and the third-party ad network matching common factors between our data and their data. Some of these ads may try to entice You to come back and revisit our site for new offers and promotions. This type of advertising typically involves an ad network collecting and tracking certain technical information (such as Your IP address) and website usage information (such as Your browsing history) on our sites and across many other sites on the Internet.
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To Evaluate and Improve our Customer Service
We may use this information to ensure we are providing the highest level of customer service, and to identify any potential gaps or potential improvements to the same. Customer service may be provided through various forms of communication, such as email correspondence and call center support.
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To Evaluate, Improve, and Customize Our Products
We may use information collected to improve our Products, tailor them to Your needs, and come up with new product ideas.
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To Administer Contest and Promotions
We may use information collected to administer a contest, sweepstakes, giveaway, competition, or other similar marketing campaign or promotion. To comply with sweepstakes laws, we may publish or share limited information about promotion winners (such as name and city of residence). For more information about our contests and other promotions, please see the official rules or details that will be posted with each promotion.
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In Order to Respond from Requests from You
If You have requested further information or in any other way requested that we contact You, we will use Your Personal Information to respond to such a request.
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To Provide a Personalized and Convenient Website Experience for You
We may use information collected to personalize Your experience and save You time when You visit our App or Website. For example, we might remember Your login ID or username so You can quickly login the next time You visit our App or so You can easily retrieve the items You previously placed in Your shopping cart. Based on this type of information, we might also show You specific Gardyn content or offers that are more relevant to Your interests.
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To facilitate and enable Your Interactions with Third-party Social Media Providers
We may use information collected to support and run promotions, to allow You to share content (such as pictures of Your plants or recipes, articles, stories, etc.), and to allow You to sign up for certain Gardyn accounts, or for other stated purposes as disclosed via the relevant advertisement or promotion.
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For Our Other General Purposes
We may use information collected other general business purposes, such as to maintain the day-to-day operation and security of our Website and App, and to conduct internal marketing and demographic studies.
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For Our Legal Purposes
We also collect information in order to comply with certain legal rules and regulations that we are subject to.
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How do we Secure and Protect Your Personal Information
Gardyn maintains a comprehensive Information Security Program that employs commercially available physical and IT securitization tools, including but not limited to:
Commercially available and sufficient firewalls;
Segmented Data Storage;
Encryption;
Multi-factor authentication;
Secure Socket Layer (SSL) software and similar encrypting systems to protect your information on our Website; and
Policies providing for least privileged access to data across our organization.
Unfortunately, however, there is no way to completely eliminate the risk of a data security incident. If we do suffer one that affects any of Your Personal Information, we will report the same to You as per applicable data breach notification laws.
We also ask that You do Your part to keep Your account information safe and secure, by asking that You create a sufficiently complex password for Your account and not share it with third parties, as outlined in our Terms and Conditions. If You have any questions about the cybersecurity for our Website, You can send an email to [email protected].
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How Long do We Store and Maintain Your Personal Information?
We only store and maintain Your Personal Information for as long as is necessary to fulfill the purpose for which it was collected. For example, if You sign up to receive our newsletters or on LinkedIn to receive job alerts, we will store and maintain Your Personal Information to continue to send You these materials until You opt out of receiving such communications. With regards to Your Personal Information collected for our analytics purposes and used to help maintain and improve our Website and App, we only store and maintain that information until it is aggregated and used to create a new anonymous data set that no longer contains Your Personal Information, and then delete the underlying Personal Information once that new data set has been created. If You are one of our valued Customers and have created an account with us, we store Your Information as long as Your account remains active, and then delete it when You delete the account, with the exception of any information that we are legally required to maintain longer. If You are a Customer and You do not have an account, we only store Your information as long as needed to support Your purchase and relationship with us. When we no longer have a legal need, or You close or delete Your account with us, or otherwise ask us to delete Your account, we will do so securely in accordance with our document retention policy.
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We Do Not Sell Your Personal Information
Gardyn does not sell Your Personal Information that it has collected via our Website and App to any third parties. We do not sell Your Sensitive Personal Information to any third parties and only use Your Sensitive Personal Information to provide our products and services to You.
We do share Your Personal Information for cross-contextual advertising and You can opt out of the same by clicking the opt out link included in each email we send.
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Who We Share Your Personal Information With
Generally, we share Your Personal Information as necessary to provide the services or Products that You request, including sharing information with certain third parties, such as service providers. We also may share Your Personal Information when required by law; to protect Your rights and safety, and with Your consent.
Specifically, we may share Your Personal Information with third parties, including:
Authorized service providers: We may share Your Personal Information with our authorized service providers that perform certain services on our behalf. These services may include relationship management software; website hosting; evaluators, contractors and auditors; email marketing providers; customer service providers (including live chat operators); providers that perform business and operations analysis for us; and providers that support and maintain our Website and App, including providing analytics services for us.
Payment Processors: As noted above, we need to share Your Personal Information and Your Sensitive Personal Information with our third-party payment processor in order to complete Your purchases. Generally, our payment processors collect this information from You directly, but we may also have to share certain Personal Information with them in order to facilitate the completion of the payment. Please see section IX for more information. You may also be able to store Your payment information with these providers via Your profile with us. We do not store any of Your financial information directly and any such storage or remembering of the same will be facilitated by our third-party payment processor.
Our Advertising Partners: We may also allow third parties through an advertising network to target custom content and ads to You on our Website and App, and other websites. The information provided to these service providers is limited to only that which we deem appropriate for these service providers to carry out their functions, such as offering You certain promotions or customizing certain advertisements for You, and to enable Gardyn to market to You.
For a Legal Reason: We may have to share Your Personal Information in response to a subpoena or similar investigative demand, a court order, or a request for cooperation from a law enforcement or other government agency; to establish or exercise our legal rights; to defend against legal claims; or as otherwise required by law. In such cases, we may raise or waive any legal objection or right available to us.
To Prevent Fraud or Illegal Conduct: We may have to share Your Personal Information in situations where we believe disclosure is appropriate in connection with efforts to investigate, prevent, or take other action regarding illegal activity, suspected fraud or other wrongdoing; to protect and defend the rights, property, or safety of our company, our consumers, our employees, or others; or to enforce our Terms of Service or other agreements or policies.
For Corporate Reasons: We may also share Your Personal Information as part of a sale, merger, or change in control or ownership of Gardyn or our Parent Company, or in the unlikely event of bankruptcy, or in preparation for any of these events. If such an event should happen, the new entity would have the right to continue to use Your information, but only in the manner that is set out in this Policy, unless You otherwise agree.
With Your Consent: To other third parties that You provide consent to share Your information with or that You have requested that we share Your information with.
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California Residents Legal Notice
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Categories of Personal Information that we collect:
| Categories of Personal Information |
Categories of Sources of This Information |
| Identifiers (i.e., a legal name, nickname, physical home address, internet protocol address, email address, phone number, an online identifier, driver’s license number, etc.) |
Information You provide directly to us or collected from our Website. |
| Biometric Information (i.e. photographs and video) |
Information that may be collected by our Website or that You provide directly to us. The App does not have a biometric lock feature. |
| Internet Activity (i.e., browsing history, WiFi use, and internet search history) |
Information You provide directly to us, collected from You from our data analytics providers, or allow us to collect and use from Your devices. |
| Geolocation Data (i.e. data describing Your current and past whereabouts) |
Information You provide directly to us or is collected from Your use of our Website. |
| Financial Information (i.e., Your payment information). |
Information You provide directly to us or is collected when You purchase our products on our Website. |
| Other Sensitive Personal Information (i.e., Your race, and potentially Your sexual orientation information) |
Information You provide directly to us or is collected in connection with a sale of our products on our Website. |
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Sale or sharing of the Personal Information and Sensitive Personal Information of Persons under the age of 16
Our website and products are not made for, marketed to, or directed at, children under the age of 16 years of age. While we do have programs available for schools and educators, these offerings are meant for the schools and educators directly and are not marketed to or directed at children. We do not sell or share the Personal Information of persons under 16 years of age.
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Use and Disclosure of Sensitive Personal Information
We do not use or disclose Your Sensitive Personal Information for any other purpose other than to perform business services, including to provide our Products and services to You.
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Sale or sharing of Your Personal Information for Our Business Purposes
As noted above, we do not generally sell Your Personal Information. We do utilize Google Analytics as noted above, which can be considered a sale under California law, and thus would be the only way in which we “sell” your information.
We do need to share Your Personal Information with third parties for our business purposes, as noted above.
We do share Your Personal Information for cross-contextual advertising and You can opt out of the same by clicking the opt out link included in each email we send.
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The categories of third parties that we need to share Your Personal Information with and the Categories of Personal Information that we share with those parties are:
| Categories of Third Parties |
Categories of Personal Information Shared with the Third Party |
| Our service providers in order to facilitate Your purchase of our products. |
Identifiers, Geolocation Data, Internet Information, and Financial Information. |
| Data Service Providers |
We do not share Your Personal Information or Sensitive Personal Information directly with these providers, but they may receive records that may contain Identifiers, Geolocation Data, Biometric Information, Internet Information, Financial Information, and Other Sensitive Personal Information. |
| Legal Representatives |
Depending on the need, we may need to share Your Identifiers, Geolocation Data, Biometric Information, Internet Information, Financial Information, and Other Sensitive Personal Information. |
| IT Service Providers |
Identifiers, Geolocation Data, and Internet Information. |
| Law Enforcement, Courts, or other related Legal third parties that are not our legal representatives |
Depending on the need and related law, we may need to share Your Identifiers, Geolocation Data, Biometric Information, Internet Information, Financial Information, and Other Sensitive Personal Information. |
| Auditors |
Depending on the need, we may need to share Your Identifiers, Geolocation Data, Biometric Information, Internet Information, Financial Information, and Other Sensitive Personal Information. |
| Accounting Representatives |
Depending on the need, we may need to share Your Identifiers, Financial Information, and Other Sensitive Personal Information. |
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Why We Collect this information from You
We use this information from You to provide our services and offer our products to You and for our business purposes as outlined above in Section XII.
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Categories of Our Business Purposes that are used to Share Your Personal Information:
As noted above, we share Your Personal Information and Sensitive Personal Information as needed in order to provide our services and products to You and for our business purposes. Specifically, these categories of business purposes are:
Auditing: We may share this information with our third-party vendors, partners and service providers, and our own auditors related to an audit of our business.
Service Improvements: We may share this information with our third-party vendors, other partners, and service providers in order to improve our services and products, create new services and products, offer new products, and to ensure that our Website is working as intended (to identify bugs and errors, and repair them).
Service Partners: We may share this information with our third-party vendors, other partners, and service providers in order to have them perform their services for us, pursuant to a written contract that includes the notified purposes permitted by the CPRA.
Security and Legal Issues: We may share this information with law enforcement or other individuals pursuant to a valid subpoena or other legal obligation, our third-party vendors, other partners, and service providers in order to detect, prevent, and investigate security incidents.
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Notice of Financial Incentive for Promotions
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Overview
From time to time, we may offer certain promotions both on our Website, and also at our in-person events. These promotions will vary and may include free samples of our products, free make-overs or trying on of our products, and other promotional giveaways. You can also sign-up to receive discounts and coupon codes from us on our Website as well. We are excited to offer these services to our Customers and potential Customers like You. All You have to do is follow the included instructions for the offered promotion.
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What You Are Agreeing To
If You choose to participate in one of our promotions, You are agreeing to provide us with some of Your personal information (such as Your name, email address and possibly home address) and depending on the promotion, possibly also Your Sensitive Personal Information (such as Your gender, race, and possibly sexual orientation). You will also be given the opportunity to sign up to receive marketing and other communications from us.
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How You Can Opt Out
You can opt out of our communications and marketing emails at any time, by clicking the opt out link included in each email we send.
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The Relationship between our Promotions and Your Information
With regards to promotions that offer discounts to You in exchange for You signing up to receive our communications, including marketing communications. Because our discounts involve the collection of Personal Information, they might be interpreted as a “financial incentive” program under California law. The value of your personal information to us is related to the value of the free or discounted products or services, or other benefits that You obtain or that are provided as part of the applicable promotion, less the expense related to offering those products, services, and benefits to promotion participants.
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Your Rights under the CCPA
You, or Your authorized agent, can request the specific pieces of Personal Information we have collected about You by emailing [email protected]. You can also request that we disclose how we have collected, used and shared Your personal information over the past 12 months, including the categories of personal information we collected and our purposes for doing so. You may also request the categories of the sources of that information, the categories of the third parties with whom we have shared this information with for a business purpose, and our business purpose for doing so.
You have the right to correct inaccurate Personal Information that we have collected or maintain about You. In fact, we ask that You do so as soon as You realize any Personal Information that we have collected is inaccurate as it could impact our provision of the services.
You have the right to opt out of Sale of Your Information, but as noted above, we do not sell Your information.
You have a right to be notified when we collect information from You, and we cannot collect new categories of information from You without notifying You first.
You have the right to limit our sharing of Your Personal Information.
You have the right to not be discriminated against for exercising these rights.
You have the right to ask us to delete Your Personal Information.
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How to Exercise Your Rights
If You would like to exercise any of the rights listed above with regards to Your Personal Information, then please contact us, or have Your registered agent contact us, at [email protected].
If You want to review and request changes to Your Personal Information, You may also email or call us as noted below, and we will then provide You with detailed instructions on how to do so.
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Virginia Consumer Data Protection Act (“VCDPA”) and Colorado Privacy Act (“CPA”) Privacy Notice
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Categories of Personal Information that we process:
| Categories of Personal Data |
| Identifiers (i.e., a legal name, nickname, physical home address, internet protocol address, email address, phone number, an online identifier, driver’s license number, etc.) |
| Biometric Information (i.e. photographs, and video) |
| Internet Activity (i.e., browsing history, WiFi use, and internet search history) |
| Geolocation Data (i.e. data describing Your current and past whereabouts) |
| Financial Information (i.e., Your payment information). |
| Other Sensitive Personal Information (i.e., Your race, and potentially Your sexual orientation information) |
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Purposes for Processing Your Personal Data
We Your Personal Data to provide our services and products to You and for our business purposes as described above.
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Categories of Third Parties that we share Your Personal Data with and the Categories of Data that we share with them
| Categories of Third Parties |
Categories of Personal Information Shared with the Third Party |
| Our service providers in order to facilitate Your purchase of our products. |
Identifiers, Geolocation Data, Internet Information, and Financial Information. |
| Data Service Providers |
We do not share Your Personal Information or Sensitive Personal Information directly with these providers, but they may receive records that may contain Identifiers, Geolocation Data, Biometric Information, Internet Information, Financial Information, and Other Sensitive Personal Information. |
| Legal Representatives |
Depending on the need, we may need to share Your Identifiers, Geolocation Data, Biometric Information, Internet Information, Financial Information, and Other Sensitive Personal Information. |
| IT Service Providers |
Identifiers, Geolocation Data, and Internet Information. |
| Law Enforcement, Courts, or other related Legal third parties that are not our legal representatives |
Depending on the need and related law, we may need to share Your Identifiers, Geolocation Data, Biometric Information, Internet Information, Financial Information, and Other Sensitive Personal Information. |
| Auditors |
Depending on the need, we may need to share Your Identifiers, Geolocation Data, Biometric Information, Internet Information, Financial Information, and Other Sensitive Personal Information. |
| Accounting Representatives |
Depending on the need, we may need to share Your Identifiers, Financial Information, and Other Sensitive Personal Information. |
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We do not sell Your Personal Data for Targeted Advertising
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How to Exercise Your Privacy Rights under the VCDPA and the CPA
If You would like to exercise any of Your rights under VCDPA and the CPA, then please contact us at [email protected].
You can opt out of our communications and marketing emails at any time, by clicking the opt out link included in each email we send.
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Connecticut Data Privacy Act (CTDPA) Privacy Notice
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Categories of Personal Information that we process:
| Categories of Personal Data |
| Identifiers (i.e., a legal name, nickname, physical home address, internet protocol address, email address, phone number, an online identifier, driver’s license number, etc.) |
| Biometric Information (i.e. photographs, and video) |
| Internet Activity (i.e., browsing history, WiFi use, and internet search history) |
| Geolocation Data (i.e. data describing Your current and past whereabouts) |
| Financial Information (i.e., Your payment information). |
| Other Sensitive Personal Information (i.e., Your race, and potentially Your sexual orientation information) |
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Purposes for Processing Your Personal Data
We Your Personal Data to provide our services and products to You and for our business purposes as described above.
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Categories of Third Parties that we share Your Personal Data with and the Categories of Data that we share with them
| Categories of Personal Data |
| Identifiers (i.e., a legal name, nickname, physical home address, internet protocol address, email address, phone number, an online identifier, driver’s license number, etc.) |
| Biometric Information (i.e. photographs, and video) |
| Internet Activity (i.e., browsing history, WiFi use, and internet search history) |
| Geolocation Data (i.e. data describing Your current and past whereabouts) |
| Financial Information (i.e., Your payment information). |
| Other Sensitive Personal Information (i.e., Your race, and potentially Your sexual orientation information) |
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How to Exercise Your Privacy Rights under the CTDPA
If You would like to exercise any of Your rights under CTDPA or have your designated agent access your rights for you, then please contact us at [email protected].
You can opt out of our communications and marketing emails at any time, by clicking the opt out link included in each email we send.
We will respond to your request without undue delay and generally within 45 days of receiving the request. If we need to extent the response period, we will inform you of the need for such an extension and the reasons why we need to extend. If we deny your request, you will have the right to appeal as noted below. We will also include these instructions on how to appeal with any denial of your request.
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How to Appeal a Denial of Your Request under the CTDPA
If we have denied your request under the CTDPA, you have the right to appeal our decision. In order to appeal, please email us at [email protected] and in the subject line list your reference number and the word “appeal.” In the body of the email, please state the reasons why you are appealing and any additional information that we should consider that was not presented or you feel wasn’t properly considered with the initial request. We will respond to your appeal via email to the same email address within 60 days from our receipt of your appeal.
If we deny your appeal, you can choose to submit a compliant to the Connecticut Attorney General regarding such denial.
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Children’s Personal Information
Our website and products are not made for, marketed to or directed at children under the age of 16 years of age. We do not sell the Personal Information of persons under 16 years of age. In the event that we learn that the Personal Information of a person under 16 years of age has been collected, we will delete it immediately from our system.
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Nevada Privacy Rights
We do not sell, rent, or otherwise share Your data to any third party in exchange for monetary or other valuable consideration under any circumstances unless You specifically consent to such disclosure. Pursuant to Section 603A of the Nevada Revised Statutes, residents of Nevada may, at any time, submit a request to an operator of a website in Nevada directing the operator not to make any sale of any personal information the operator has collected or will collect about the consumer. If You are a Nevada resident and want to opt-out of the sale of any personal information, please submit an email request to [email protected]. In Your request, please specify that You want to “Opt-Out of Sale of Personal Information in Nevada.” Please allow 60 days for a response.
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California Shine the Light Law
Pursuant to Section 1798.83 of the California Civil Code, residents of California have the right to request from a business, with whom the California resident has an established business relationship, certain information with respect to the types of Personal Information the business shares with third parties for direct marketing purposes by such third party and the identities of the third parties with whom the business has shared such information during the immediately preceding calendar year. However, we do not sell, rent, or otherwise share Your data to any third party in exchange for monetary or other valuable consideration under any circumstances. If You are a California resident and want a copy of this notice, please submit an email request to [email protected]. In Your request, please specify that You want a “Your Gardyn California Privacy Rights Notice.” Please allow 30 days for a response.
If You are a minor under 18 but older than 16 years of age and have a profile on our Website or App, You may ask us to remove reviews or other content that You posted on the site by writing to [email protected] and to Gardyn, 8120 Woodmont Avenue #640, Bethesda, MD 20814. We will begin to process Your request within 30 days. Please note that processing Your request does not ensure complete or comprehensive removal of content that You posted.
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Third-Party Tracking on Our Website
Third-parties may be using Cookies or other technologies to collect Your personal information as You navigate through the internet including from Our Website. As described above, You may decline these third-party Cookies by changing Your browser settings.
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Third Party Applications and Sites
Our Website and App may provide links to, or features from, other third party sites (such as third party social networks) that we do not own or control. Although we choose our business partners carefully, when You visit these third-party sites and decide to share Your Personal Information with them, You are assuming the risk of doing so. Gardyn is not responsible for nor assumes any liability for the privacy practices of websites operated by any third parties, including those that may be linked to our Website and App, and including the content of those sites. You should check the applicable privacy notice and/or policy of the third-party website or application to understand how it collects and manages any information they collect from You.
As noted in our Terms and Conditions, Gardyn does not endorse or control any other websites or applications besides Our Website and App, nor does the act of providing a link to a third party website or application constitute an endorsement, promotion or approval of such website or application.
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How to Opt Out of Receiving Our Communications
You can always opt-out from receiving marketing communications by following the unsubscribe instructions provided in each communication. If You have an online account with us, You may be given the option to change some of Your communication preferences under the relevant “My Account” section of our site or by contacting our Customer Service team. Please note that even if You opt-out from receiving marketing communications, You may still receive other communications from us, such as order confirmations, notifications about account activities (e.g., account confirmations, password changes, website community postings, etc.), and other important announcements (e.g., product recalls, privacy policy changes, etc.).
You can opt out of our communications and marketing emails at any time, by clicking the opt out link included in each email we send.
Additionally, Gardyn may occasionally send you push notifications through our apps with updates, achievements, and other notices that may be of interest to you. You may at any time opt out from receiving these notifications by changing the settings on Your device.
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Do Not Track (“DNT”) Settings
DNT is a setting on some web browsers or mobile devices that can be turned on to instruct websites to disable tracking of Your web browsing activities. DNT is not currently widely adopted and does not have clear standards or guidelines for how websites are to interpret it. Additionally, its signals can affect the functioning of certain websites. As such, Gardyn does not generally respond to these signals. To research enabling other privacy controls, please find information here: https://globalprivacycontrol.org/.
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Changes to this Policy
Any changes to the Policy will be posted directly on our Website and reflected with a new Effective Date at the top of this Policy. We encourage You to review the Policy each time You visit our Website to see if it has been updated since Your last visit.
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Contact Us
If You have any questions or concerns about this Policy, please email Us at: [email protected].