Effective Date of Current Policy: September 1, 2019
- TRANSPARENCY/NOTICE—TYPES OF PERSONAL INFORMATION WE COLLECT AND HOW WE USE IT
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 that information which is relevant for the purposes of Processing. Below are the ways we collect Personal Information and how we use it.
3.1 TYPES OF PERSONAL INFORMATION WE COLLECT
3.2 HOW GARDYN USES YOUR INFORMATION
3.3 COOKIES, PIXEL TAGS/WEB BEACONS, ANALYTICS INFORMATION, AND INTEREST-BASED ADVERTISING
3.4 THIRD-PARTY WEBSITES, SOCIAL MEDIA PLATFORMS, AND SOFTWARE DEVELOPMENT KITS
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 which 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.
3.5 THIRD-PARTY PAYMENT PROCESSING
- HUMAN RESOURCES DATA
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 number, financial information related to credit checks, bank details for payroll, information that may be recorded on a CV or application form, language abilities, 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.
- ONWARD TRANSFER—GARDYN MAY DISCLOSE YOUR INFORMATION
5.1 INFORMATION WE SHARE
5.2 INTERNATIONAL DATA 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.
- OPT-OUT (RIGHT TO OBJECT TO PROCESSING)
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 email@example.com. 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.
6.2 EMAIL, TEXT AND TELEPHONE COMMUNICATIONS
6.3 MOBILE DEVICES
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.
6.4 HUMAN RESOURCES DATA
6.5 “DO NOT TRACK”
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.
6.6 COOKIES AND INTEREST-BASED ADVERTISING
- RIGHTS OF ACCESS, RECTIFICATION, ERASURE, AND RESTRICTION
- DATA RETENTION
- SECURITY OF YOUR INFORMATION
- NON-U.S. USERS
- CHILDREN’S PRIVACY
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 firstname.lastname@example.org. If we learn that we have collected 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.
- REDRESS/COMPLIANCE AND ACCOUNTABILITY
- OTHER RIGHTS AND IMPORTANT INFORMATION
13.2 CALIFORNIA PRIVACY RIGHTS
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. “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. “Employee” refers to any current, temporary, permanent, prospective or former employee, director, contractor, worker, or retiree of Gardyn or its subsidiaries worldwide. “Personal Information” is any information relating to an identified or identifiable natural person (“Individual”). “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. “Sensitive Data” or “Sensitive Personal Information” is a subset of Personal Information which, 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: (1) race or ethnic origin; (2) political opinions; (3) religious or philosophical beliefs; (4) trade union membership; (5) genetic data; (6) biometric data where Processed to uniquely identify a person; (6) health information; (7) sexual orientation or information about the Individual’s sex life; or (8) information relating to the commission of a criminal offense. “Third-Party” is any company, natural or legal person, public authority, agency, or body other than the Individual, Gardyn or Gardyn’s Agents.