The types of Personal Information we may collect (directly from you or from Third-Party sources) and our privacy practices depend on the nature of the relationship you have with Gardyn and the requirements of applicable law.
Some of the ways that Gardyn may collect Personal Information include: You may provide Personal Information directly to Gardyn through interacting with the Services (including when you use the Gardyn Device(s) or via our subscription services), participating in surveys, during events such as promotions or sweepstakes, and requesting Services or information.
As you navigate the Services, certain passive information may also be collected about your visit, including through cookies and similar technologies as described below. It is our goal to collect only the information which is relevant for the purposes of Processing. Below are the ways we collect Personal Information and how we use it.
Gardyn collects Personal Information from its current, prospective, and former clients, customers, users, visitors, guests, and Employees (collectively “Individuals”). When you use the Services, contact us directly, or engage in certain activities, such as registering for an account with Gardyn, purchasing Gardyn products or Services from us, using our produce growing devices, or via our subscription services, we may ask you to provide some or all of the following types of information:
When you choose to purchase Gardyn products or Services from us including produce growing devices and accessories or subscription services offered through any device, we may collect information from you including Personal Information, such as your name, email address, mailing address, phone number, payment information, credit card number and/or other related information that may be required from you to complete your purchase (“Financial Information”). Unless we tell you otherwise at the time of your purchase or application for financing, we do not collect, store or maintain your Financial Information. For more information on how your information is shared in these instances, please see Section 3.5 (“Third-Party Payment Processing”) below. We will also collect a username and password in connection with any account created via the Services.
(b) Public User Profiles.
When you use Gardyn devices or sign up for a Gardyn subscription you may be given the opportunity to create a “User Profile” and when you do so we may ask you to provide information about yourself such as your username, email address, weight, height, age, location, birthday, phone number and image or avatar. Only your email address and username are required to set up a User Profile; the rest of the information that you may provide is optional. Once your User Profile is created, anytime you log in, we will collect additional information and add it to your User Profile, such as the plants you have ordered, the dates you ordered them, your followers and who you are following, and any other information that may be available from time to time. You acknowledge that your User Profile information may be personal to you, and by creating an account and providing such information through the use of our Services, you allow others, including Gardyn, to identify you and therefore you may not be anonymous. Gardyn User Profiles are set to public by default, which means that other registered Gardyn users may also be able to view your User Profile, and your location and age (if you have provided it), and those users may contact or follow you through the Services. You have the option to set your profile to “Private,” which means that only members who you approve as followers can see your profile and you can remove other users from your followers.
Gardyn devices may contain cameras. In their default setting these cameras are in use and are intended and positioned to capture images of the plants growing on your Gardyn device to facilitate the device to perform analyses such as but not limited to identifying the type of plant, its level of maturity, when it can be harvested, and whether any specific action should be taken by the user. You can access the latest picture taken by your device on your Gardyn App. These pictures may be recorded and kept in existence for some time in order to make our customer support more relevant and improve the algorithm that analyzes the pictures. The cameras are directed toward the Gardyn device and are not meant to capture any picture or information relating to the user’s personal life. However, Gardyn is not responsible for any image or information that may be captured inadvertently by the cameras. No photo is posted on our websites or social media without the explicit consent of the owner of the device. NOTE: The user may disable the device cameras at any time in the Settings section of the Gardyn App.
(d) Other User Information.
(e) Communications with Us.
We may collect Personal Information from you such as your email address, phone number, or mailing address, when you choose to request information about our Services, visit our retail stores, register to receive Gardyn communications over email or text messaging, participate in promotions, or loyalty programs that we may offer from time to time, request to receive customer or technical support or otherwise communicate with us.
(f) Surveys and Reviews.
(g) Posting on the Gardyn Services.
(h) Registration for Sweepstakes or Contests.
Occasionally, Gardyn may run sweepstakes and contests. We ask those who enter in the sweepstakes or contests to provide contact information (e.g., a phone number or an email address). If you participate in a sweepstakes or contest, your contact information may be used to reach you about the sweepstakes or contest, and, to the extent permitted by law, for other promotional, marketing, and business purposes. In compliance with the laws of your jurisdiction, as a participant, you may have the opportunity to opt out of any communications that are not related to awarding prizes.
(i) Location Information.
Based on your interaction with the Services, the type of device you use to access the Services, and your device’s connectivity, we may collect location-based information including your Internet protocol (IP) address, GPS location, longitude/latitude, city, county, zip code, and region, and your location and your smart device’s proximity to “beacons,” Bluetooth networks and/or other proximity systems. We may use this type of information to enhance your user experience, including using location information for the purposes of displaying the geographic distribution of Gardyn devices on a heat map or to better understand your interaction with our products and services. Unless you otherwise provide us with your consent to do otherwise, this information will only be used by us and our third-party service providers to provide you with the Services you request or in an aggregated and anonymized format, which does not identify you. If you no longer wish to have this location information collected and used by us, you may opt out by disabling the location and Bluetooth features in the operating system of your device.
(j) Automatic Data Collection.
We may collect certain information automatically through our Services or other methods of web analysis, such as your IP address, cookie identifiers, mobile carrier, mobile advertising identifiers, MAC address, IMEI, Advertiser ID, and other device identifiers that are automatically assigned to your computer or device when you access the Internet, browser type and language, geolocation information, hardware type, operating system, Internet service provider, pages that you visit before and after using the Services, the date and time of your visit, the amount of time you spend on each page, information about the links you click and pages you view within the Services, and other actions taken through the use of the Services such as preferences. For more information on Automatic Data Collection, please see Section 3.3. Information from Other Sources. We may receive information about you from other sources, including through Third-Party services and organizations, to supplement the information provided by you. For example, if you access our Services through a Third-Party application, such as the Apple App Store or Google Play App Store (together with any similar applications, “App Stores”) or Social Networking Sites (“SNS”) such as Facebook, we may collect information about you from that Third-Party application that you have made public via your privacy settings. Information we collect through App Stores or SNS accounts may include your name, your SNS user identification number, your username, location, sex, birth date, email, profile picture, and your contacts on the SNS. This supplemental information allows us to verify the information that you have provided to Gardyn and to enhance our ability to provide you with information about our business, products, and Services.
We acquire, hold, use, and Process Personal Information about Individuals for a variety of business purposes, including: Provide Products, Services, or Information Requested. Gardyn may use information about you to fulfill requests for products, Services, or information, including information about potential or future Services, including: Generally managing Individual information and accounts; Respond to questions, comments, and other requests; Provide access to certain areas, functionalities, and features of Gardyn’s Services; Communicate with you about logistical matters, including product deliveries and product servicing visits; Review and contact you to answer requests for customer support or technical support; and Allow you to register for classes and events.
(a) Administrative Purposes.
Gardyn may use Personal Information about you for its administrative purposes, including: Measure interest in Gardyn’s Services; Developing new products and Services; Ensuring internal quality control; Verify Individual identity; Communicating about Individual accounts and activities on Gardyn’s Services and systems, and, in Gardyn’s discretion, changes to any Gardyn policy; Send emails to the email address you provide to us to verify your account and for informational and operational purposes, such as account management, customer service or system maintenance; Process payment(s) for products or services purchased; Process applications and transactions; Prevent potentially prohibited or illegal activities; and Enforce our Terms.
(b) Marketing Gardyn Products and Services.
Gardyn may use Personal Information to provide you with materials about offers, products, and Services that may be of interest, including new content or Services. Gardyn may provide you with these materials by phone, postal mail, facsimile, or email, as permitted by applicable law. Such uses include: To tailor content, advertisements, and offers; Notifying you about offers, products, and services that may be of interest or about which you have previously expressed an interest; To provide Services to you; For other purposes disclosed at the time that Individuals provide Personal Information; or Otherwise with your consent. You may contact us at any time to opt out of the use of your Personal Information for marketing purposes, as further described in Article 6 below.
(c) Research and Development.
Gardyn may use Personal Information to create non-identifiable information that we may use alone or in the aggregate with information obtained from other sources, in order to help us optimally deliver our existing products and Services or develop new products and Services. From time to time, Gardyn may perform research (online and offline) via surveys. We may engage Third-Party service providers to conduct such surveys on our behalf. All survey responses are voluntary, and the information collected will be used for research and reporting purposes to help us better serve Individuals by learning more about their needs and the quality of the products and services we provide. The survey responses may be utilized to determine the effectiveness of our Services, various types of communications, advertising campaigns, and/or promotional activities. If an Individual participates in a survey, the information given will be used along with that of other study participants. We may share anonymous Individual and aggregate data for research and analysis purposes. Direct Mail, Email, and Outbound Telemarketing. Individuals who provide us with Personal Information, or whose Personal Information we obtain from Third Parties, may, as permitted by law, receive periodic emails, newsletters, mailings, or phone calls from us with information on Gardyn’s or our business partners’ products and services or upcoming special offers/events we believe may be of interest. We offer the option to decline these communications at no cost to the Individual by following the instructions in Article 6 below.
(d) Services via Apps and other Devices.
(e) Anonymous and Aggregated Information Use.
Gardyn may use Personal Information and other information about you to create anonymized and aggregated information, such as de-identified demographic information, de-identified location information, information about the computer or device from which you access Gardyn’s Services, or other analyses we create. Anonymized and aggregated information is used for a variety of functions, including the measurement of visitors’ interest in and use of various portions or features of the Services. Anonymized or aggregated information is not Personal Information, and Gardyn may use such information in a number of ways, including research, internal analysis, analytics, and any other legally permissible purposes. We may share this information within Gardyn and with Third-Parties for our or their purposes in an anonymized or aggregated form that is designed to prevent anyone from identifying you.
(f) Sharing Content with Friends or Colleagues.
Gardyn’s Services may offer various tools and functionalities. For example, Gardyn may allow you to provide information about your friends through our referral services, such as “Refer a Friend.” Our referral services may allow you to forward or share certain content with a friend or colleague, such as an email inviting your friend to use our Services. Email addresses that you provide for a friend or colleague will be used to send your friend or colleague the content or link you request but will not be used by Gardyn for any other purpose.
(g) Other Uses.
Gardyn may use Personal Information for which we have a legitimate interest, such as direct marketing, individual or market research, fraud protection, or any other purpose disclosed to you at the time you provide Personal Information or with your consent.
Cookies are small text files placed in visitors’ computer browsers to store their preferences. Most browsers allow you to block and delete cookies. However, if you do that, the Site may not work properly.
(b) Pixel Tags/Web Beacons.
A pixel tag (also known as a web beacon) is a piece of code embedded on the Site that collects information about users’ engagement on that web page. The use of a pixel allows us to record, for example, that a user has visited a particular web page or clicked on a particular advertisement.
(c) Social Media Widgets.
(i) Operationally Necessary.
We may use Technologies that are necessary to the operation of our Site, Services, applications, and tools. This includes Technologies that allow you access to our Site, Services, applications, and tools; that are required to identify irregular site behavior, prevent fraudulent activity, and improve security; or that allow you to make use of functions such as shopping carts, saved search, or similar functions.
(ii) Performance Related.
We may use Technologies to assess the performance of our Site, applications, Services, and tools, including as part of our analytic practices to help us understand how our visitors use our Site, determine if you have interacted with our messaging, determine whether you have viewed an item or link, or to improve our website content, applications, services or tools.
(iii) Functionality Related.
We may use Technologies that allow us to offer you enhanced functionality when accessing or using our Sites, Services, applications, or tools. This may include identifying you when you sign into our Sites or keeping track of your specified preferences, interests, or past items viewed so that we may enhance the presentation of content on our Sites.
(iv) Advertising or Targeting Related.
We may use first-party or Third-Party cookies and web beacons to deliver content, including ads relevant to your interests, on our Sites or on Third-Party sites. This includes using technologies to understand the usefulness to you of the advertisements and content that has been delivered to you, such as, whether you have clicked on an advertisement. If you would like to opt out of the Technologies we employ on our Sites, Services, applications, or tools, you may do so by blocking, deleting, or disabling them as your browser or device permits. See Article 6.6 for additional opt-out options. Please note that blocking, deleting, or disabling these Technologies will affect the functionality of our Sites, Services, applications, and tools, and may prevent you from being able to access certain features.
The Site may contain links to other websites, and other websites may reference or link to the Gardyn Site or other Services. These other domains and websites are not controlled by us, and Gardyn does not endorse or make any representations about Third-Party websites or social media platforms. We encourage you to read the privacy policies of each and every website and application with which you interact. We do not endorse, screen, or approve, and are not responsible for the privacy practices or content of such other websites or applications. Visiting other websites or applications is at your own risk. Gardyn’s Services may include publicly accessible blogs, community forums, message boards, private messaging, or video chat features. The Site and our other Services may also contain links and interactive features with various social media or music platforms (e.g., widgets). If you already use these platforms, their cookies may be set on your device when using the Site or other Services. You should be aware that Personal Information that you voluntarily include and transmit online in a publicly accessible blog, video chat session, social media platform, or otherwise online, or that you share in an open forum, may be viewed and used by others without any restrictions. We are unable to control such uses of your information when you interact with a Third-Party platform, and by using such services you assume the risk that the Personal Information provided by you may be viewed and used by Third-Parties for any number of purposes.
Gardyn collects Personal Information from current, prospective, and former Employees, their contact points in case of a medical emergency, and beneficiaries under any insurance policy (“Human Resources Data”). The Human Resources Data we collect may include your title, name, image, voice recording, address, phone number, email address, social media handle, Gardyn leaderboard name, date of birth, passport number, driver’s license number, Social Security number or other government-issued identification numbers, financial information related to credit checks, bank details for payroll, information that may be recorded on a CV or application form, language abilities, the contact information of Third-Parties in case of an emergency, beneficiaries under any insurance policy, and other personal and biographical information.
We may also collect Sensitive Human Resources Data, such as details of health and disability, including mental health, medical leave, and maternity leave; information about national origin or immigration status; and optional demographic information, such as race which helps us achieve our diversity goals.
We acquire, hold, use and Process Human Resources Data for a variety of business purposes including: Workflow management, including assigning, managing and administering projects; Human Resources administration and communication; Payroll and the provision of benefits; Compensation, including bonuses and long-term incentive administration, stock plan administration, compensation analysis, including monitoring overtime and compliance with labor laws and company recognition programs; Job grading activities; Performance and employee development management; Organizational development and succession planning; Benefits and personnel administration; Absence management; Helpdesk and IT support services; Regulatory compliance; Internal and/or external or governmental compliance investigations; Internal or external audits; Litigation evaluation, prosecution and defense; Diversity and inclusion initiatives; Restructuring and relocation; Emergency contacts and services; Employee safety; Compliance with statutory requirements; Processing of Employee expenses and travel charges; and Acquisitions, divestitures and integrations.
(a) We Use Vendors and Service Providers.
We may share any information we receive with vendors and service providers. The types of service providers to whom we entrust Personal Information include service providers for:
(i) provision of IT, analytics, and related services;
(ii) provision of information and services you have requested;
(iii) payment processing;
(iv) customer service activities such as deliveries and member support; and
(v) in connection with the provision of the Services.
(b) Business Partners.
(c) Displaying to Other Users.
The content you post to the Services may be displayed on the Services. Other users of the Site may be able to see some information about you, such as your name if you submit a review or provide a testimonial. We are not responsible for the privacy practices of the other users who view and use the posted information.
(d) Marketing – Interest-Based Advertising and Third-Party Marketing.
Through our Services, Gardyn may allow Third-Party advertising partners to set tracking tools (e.g., cookies) to collect information regarding your activities (e.g., your IP address, page(s) visited, time of day). We may also share such de-identified information as well as selected Personal Information (such as demographic information and past purchase history) we have collected with Third-Party advertising partners. These advertising partners may use this information (and similar information collected from other websites) for purposes of delivering targeted advertisements to you when you visit non-Gardyn-related websites within their networks. This practice is commonly referred to as “interest-based advertising” or “online behavioral advertising”. We may allow access to other data collected by the Site to facilitate the transmittal of information that may be useful, relevant, valuable, or otherwise of interest to you. If you prefer that we do not share your Personal Information with Third-Party advertising partners, you may opt out of such sharing at no cost by following the instructions in Article 6 below.
(e) Disclosures to Protect Us or Others (e.g., as Required by Law and Similar Disclosures).
We may access, preserve and disclose your Personal Information, other account information and content if we believe doing so is required or appropriate:
(i) to comply with law enforcement or national security requests and legal processes, such as a court order or subpoena;
(ii) to respond to your requests;
(iii) to protect yours’, ours’ or others’ rights, property or safety;
(iv) to enforce Gardyn policies or contracts;
(v) to collect amounts owed to Gardyn;
(vi) to comply with records retention policies;
(vii) when we believe access, preservation, or disclosure is necessary or appropriate to prevent physical harm or financial loss or in connection with an investigation or prosecution of suspected or actual illegal activity; or
(viii) if we, in good faith, believe that access, preservation, or disclosure is otherwise necessary or advisable.
In addition, from time to time, server logs may be reviewed for security purposes – e.g., to detect unauthorized activity on the Services. In such cases, server log data containing IP addresses may be shared with law enforcement bodies in order to allow them to identify users in connection with their investigation of unauthorized activities.
(f) Merger, Sale, or Other Asset Transfers.
You agree that all Personal Information collected via or by Gardyn may be transferred, Processed, and stored anywhere in the world, including but not limited to, the United States, Canada, the European Union, in the cloud, on our servers, on the servers of our affiliates or the servers of our service providers. Your Personal Information may be accessible to law enforcement or other authorities pursuant to a lawful request. By providing information to Gardyn, you explicitly consent to the storage of your Personal Information in these locations.
You have the right to object to and opt out of certain uses and disclosures of your Personal Information. Where you have consented to Gardyn’s Processing of your Personal Information or Sensitive Personal Information, you may withdraw that consent at any time and opt-out to further Processing by contacting firstname.lastname@example.org. Even if you opt out, we may still collect and use non-Personal Information regarding your activities on our Site and/or information from the advertisements on Third-Party websites for non-interest-based advertising purposes, such as, to determine the effectiveness of the advertisements.
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 types of communications by changing the settings on your device. Gardyn may also collect location-based information if you use our Apps. You may opt out of this collection by changing the settings on your device.
Do Not Track (“DNT”) is a privacy preference that users can set in certain web browsers. DNT is a way for users to inform websites and services that they do not want certain information about their webpage visits collected over time and across websites or online services. Please note that we do not respond to or honor DNT signals or similar mechanisms transmitted by web browsers.
Although Gardyn makes good faith efforts to provide Individuals with access to their Personal Information, there may be circumstances in which Gardyn is unable to provide access, including but not limited to: where the information contains legal privilege, would compromise others’ privacy or other legitimate rights, where the burden or expense of providing access would be disproportionate to the risks to the Individual’s privacy, in the case in question or where it is commercially proprietary. If Gardyn determines that access should be restricted in any particular instance, we will provide you with an explanation of why that determination has been made and a contact point for any further inquiries. To protect your privacy, Gardyn will take commercially reasonable steps to verify your identity before granting access to or making any changes to your Personal Information.
Our Services are not directed to children under the age of 13. In addition, you are not permitted to use our Services if you do not meet the minimum age requirement applicable to our Services in your jurisdiction. We do not knowingly collect Personal Information from children under the age of 13. If you learn that your child has provided us with Personal Information without your consent, you may alert us at email@example.com. If we learn that we have collected the Personal Information of a child under the age of 13 (or under the age of 16 in certain jurisdictions, such as EU member countries) we will take steps to delete such information from our files as soon as possible and terminate the child’s account unless we receive verifiable parental consent.
(c) New Uses of Personal Information.
Additionally, before we use Personal Information for any new purpose not originally authorized by you, we will endeavor to provide information regarding the new purpose and give you the opportunity to opt out. Where consent of the Individual for the Processing of Personal Information is required by law or contract, Gardyn will endeavor to comply with the law or contract.
California law permits users who are California residents to request and obtain from us once per year, free of charge, a list of the Third-Parties to whom we have disclosed their Personal Information (if any) for direct marketing purposes in the prior calendar year, as well as the type of Personal Information disclosed to those parties.
The following capitalized terms have the meanings set forth below.
(a) “Agent” means any Third-Party that Processes Personal Information pursuant to the instructions of, and solely for, Gardyn or to which Gardyn discloses Personal Information for use on its behalf.
(b) “Employee” refers to any current, temporary, permanent, prospective or former employee, director, contractor, worker, or retiree of Gardyn or its subsidiaries worldwide.
(c) “Personal Information” is any information relating to an identified or identifiable natural person (“Individual”).
(d) “Process” or “Processing” means any operation which is performed upon Personal Information, whether or not by automatic means, such as collection, recording, organization, structuring, storage, adaptation or alteration, retrieval, consultation, use, disclosure by transmission, dissemination or otherwise making available, alignment or combination, restriction, erasure, or destruction.
(e) “Sensitive Data” or “Sensitive Personal Information” is a subset of Personal Information that, due to its nature, has been classified by law or by policy as deserving additional privacy and security protections. Sensitive Personal Information includes certain Financial Information, and Personal Information regarding EU residents that is classified as a “Special Category of Personal Data” under EU law, which consists of the following data elements:
(i) race or ethnic origin;
(ii) political opinions;
(iii) religious or philosophical beliefs;
(v) trade union membership;
(v) genetic data;
(vi) biometric data where processed to uniquely identify a person;
(vii) health information;
(viii) sexual orientation or information about the Individual’s sex life; or
(ix) information relating to the commission of a criminal offense.
(f) “Third-Party” is any company, natural or legal person, public authority, agency, or body other than the Individual, Gardyn or Gardyn’s Agents.
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