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SEEDLING PRIVACY POLICY

Last Modified on September 15, 2015

Our Privacy Commitment

Seedling USA, Inc. (“Seedling,” “we,” “us” or “our”) is committed to respecting the privacy rights and concerns of all users of Seedling’s website where this Privacy Policy is posted (the “Site”) (we refer to the Site, the services and the software made available by Seedling, including our mobile applications (each, an “App”), collectively, as the “Seedling Features”). As such, we have established and implemented this Privacy Policy to inform visitors to the Site and users of the Seedling Features how we use and protect the information we collect through the Site and/or the Seedling Features. By accessing the Site or using any of the Seedling Features, you consent to Seedling’s collection, use, storage, deletion and disclosure of information relating to you as set forth in this Privacy Policy. This Privacy Policy is effective as of the date set forth above and is only applicable to the Site and the Seedling Features and not to any other website or mobile application that you may be able to access from the Site or the Seedling Features which may have its own data collection and use practices and policies.

 

This policy answers the following questions:

 

  • What information do we collect about you and how do we use it?
  • Will we share your personal information with third parties?
  • What choices do you have about the collection and use of your personal information?
  • What security measures do we take to safeguard your personal information?

 

What information do we collect about you and how do we use it?

 

Types of Information We Collect

 

Personal information means information that can be used to identify and contact you. You do not need to submit personal information to access the Seedling Features generally. However, you may be required to submit personal information to access certain aspects of the Site, the App, and the Seedling Features. We may collect non-personal information such as your browser type, when you accessed the Site and from what physical location you accessed the Site. This information may be aggregated to measure the number of visits, average time spent, page views, and other statistics about users of the Site. We also may use this data to monitor the Site’s performance and to make the Site easier and more convenient to use.

 

We collect personal information when you create an account through the Seedling Features; subscribe to our newsletter; participate in registration or feedback forms; purchase a product through the Seedling Features; enter into our contests or giveaways; or receive customer or technical support.

 

If you wish to receive communications about new products, services, features, or enhancements to the Seedling Features that may be of interest to you, we require you to provide your email address. To create an account for the Seedling Features, we require you to provide certain information to create your profile, including your name, email address, password, user name, mailing address, and phone number. Providing additional information beyond what is required to create an account, such as your child’s name and birthday, is entirely optional, but enables you to gain more from the Seedling Features. When purchasing services through the Seedling Features, you will also be required to provide a credit card, Apple Pay authentication or other payment information. No information of this type will be collected unless you have registered for services that require it.

 

If you sign up for one of our services through any social networking service, we may also collect personally identifiable information from such social networking services. Depending on your choices when using the Seedling Features, we may collect additional personal information. We also offer features that allow you to link to your Facebook account. If you sign up for one of these services, we may also collect personally identifiable information from these services.

 

By submitting personal information through the Site, you authorize Seedling to share this personal information for the purposes identified herein and on the Site, such as responding to user inquiries, processing transactions, distributing materials, and requesting feedback.

 

Third Party Privacy Policies

 

Through the Seedling Features, you may be able to link to technology, software and services owned and controlled by third parties (“Third Party Features”). You may be permitted or required to submit personal information to access Third Party Features. Such use of Third Party Features and submission of information through Third Party Features will be subject to such applicable third party’s terms of use, terms of service and/or privacy policy. You agree to look solely to the applicable third party and not to Seedling to enforce your rights in relation thereto. When you have clicked on a third party logo or URL displayed on the Site or the App, or accessible through the Seedling Features, which links you to any Third Party Features, our Terms of Use no longer applies and you must read the terms of use, terms of service and/or privacy policy of the third party to see how your personal information will be handled on their website.

 

How We Use Your Personal Information

 

The personal information you provide to us will allow us to communicate with you and provide the Seedling Features to you, depending on the Seedling Features for which you register. This includes alerting you of new products or services, features, or enhancements to the Seedling Features; verifying your identity; handling your customer service questions or issues; processing orders; requesting feedback; distributing newsletters; and notifying you of promotions, updates, or special offers that we think may interest you. We may also use your email address as part of the Seedling Features in sending you messages about the Seedling Features and other general announcements. We keep track of your interactions with us, including but not limited to your activity within the Seedling Features. Except as set forth in this Privacy Policy, or unless we have your consent, we will not share your personal information with any person or entity other than those affiliated with us, entities acting on our behalf, and relevant third parties such as those needed to collect and maintain our information collection servers and perform technology and related services, including, for instance, Shopify, Google, and Amazon Web Services.

 

We may use your personal information with non-personal information that we have collected in a manner such that the end-product does not personally identify you or any other user of the Seedling Features. We may make your personal information non-personally identifiable by either combining it with information about other users (aggregating your personal information with information about other users), or by removing characteristics (such as your name or email address) that make the information personally identifiable. This process is known as de-personalizing your information. You grant us a royalty-free, worldwide, perpetual, irrevocable and fully transferable right and license to use your personal information in connection with the creation and development of analytical and statistical analysis tools relating to the use of the customer data we collect in providing the Seedling Features (the “Analytical Data”). We are expressly authorized to make any commercial use of the Analytical Data, including without limitation, sharing the Analytical Data with third parties, provided that we do not sell, trade, or otherwise transfer from us any part of the Analytical Data that personally identifies any Seedling Features users.

 

Do Not Track

 

In compliance with California legislation, AB370, effective January 1, 2014, Seedling’s practices in responding to “do not track” signals and collecting user information over time and across a network of websites when you visit the Site are as follows: We do not honor the request of “do not track” signals sent by your browser when you visit the Site. Additionally, Seedling may collect user information about your online activities over time and across different websites, or authorize third parties to do so.

 

Google Analytics, Shopify, Sailthru, Optimizely, Fabric, Crashlytics

 

The Site uses Google Analytics, Shopify, Sailthru, Optimizely, Fabric, and Crashlytics to help us learn about who visits the Site and what pages are being viewed.

 

Cookies

 

“Cookies” are small bits of electronic information that a website sends to a visitor’s browser and are stored on the visitor’s hard drive. Like many websites, we employ cookies in certain areas of the Site to allow us to provide information to make your online experience more convenient. For example, when you return to the Site after logging in, cookies provide information to the Site so that the Site will remember who you are on subsequent visits, speeding up or enhancing your experience of the Seedling Features by, for instance, tailoring content to you. Cookies may also be used to keep track of shopping cart information, your login name and password, and your click stream data. While Seedling may use cookies to track your visit to the Site, this information does not identify you personally and you remain anonymous, even if you have previously submitted personal information to Seedling through the Site or otherwise.

 

Third parties whose websites are accessible through links on the Site may also use their own cookies when you link to their site or service. Seedling does not control these third parties’ use of cookies and cannot guarantee that they will uphold the same privacy standards as Seedling. Seedling expressly disclaims any and all liability related to the collection, use or disclosure of information by third parties. You should review the privacy policies of any third party sites that you visit through a link from the Site to understand how these third parties use cookies and the information they collect through cookies. Most cookies are “session cookies” which means that they are automatically deleted at the end of each session. Most browsers are initially set to accept cookies. You can set your browser to notify you when you receive a cookie, giving you a chance to decide whether or not to accept it.

 

Log Information

 

Our servers automatically record information that your browser sends whenever you visit the Site. This information includes your Internet Protocol address, your browser type and version, the search engine you used to find the Seedling Features, if any, which Seedling Features you use and from where, and when and how long you use them (the “Tracking Technology”). We use this information to monitor and analyze how users use the Seedling Features, to provide customer service and to maintain and improve the Seedling Features. We may also collect similar information from emails we may send to you which then help us track which emails are opened and which links are clicked by recipients. The information allows for more accurate reporting and improvement of the Seedling Features.

 

Children Under the Age of 13

 

We take children’s privacy seriously, and encourage parents to play an active role in their children’s online experience at all times. The Children’s Online Privacy Protection Act of 1998 and its rules (collectively, “COPPA”) require us to inform parents and legal guardians (“Parents”) about our practices for collecting, using and disclosing personal information from children under the age of 13 (“Children”). It also requires us to obtain verifiable consent from a Child’s Parent for certain collection, use and disclosure of the Child’s personal information.

 

This section notifies Parents of:

 

  • The types of information we may collect from Children.
  • How we use the information we collect.
  • Our practices for disclosing that information.
  • Our practices for notifying and obtaining Parents’ consent when we collect personal information from Children, including how a Parent may revoke consent.

 

This section only applies to Children and supplements the other provisions of this Privacy Policy. Only the other provisions of this Privacy Policy apply to teens and adults. Terms that are defined in the general Privacy Policy have the same meanings as used in this section.

 

Information We Collect from Children

 

Children can access many parts of the Site, the App and the Seedling Features, its content and use many of its features without providing us with any personal information. Some features are available only to registered users and require us to collect certain information, including personal information, from them, but those features are not available to Children. As such, we do not collect personal information from Children.

 

We do use certain technologies, such as cookies, to automatically collect information from our users (including Children) when they visit or use the Site, the App and the Seedling Features. For information about our automatic information collection practices, including how you can opt out of certain information collection, see the “What information do we collect about you and how do we use it?” and “What choices do you have about the collection and use of your personal information?” sections of this Privacy Policy.

 

How We Use Your Child’s Information

 

We use the information we collect automatically through the Tracking Technology and other non-personal information we collect to improve our Site, the App and the Seedling Features and to deliver a better and more personalized experience by enabling us to understand your Child’s presence on the Site and/or performance within the App.

 

Will we share your personal information with third parties?

 

Sharing Your Information

 

We use your personal information to provide the Seedling Features to you, deliver products and services you request, complete transactions, handle your customer service questions or issues and send communications to you about promotions, updates, or special offers (which may be offered by Seedling or one of its business partners) that may be of interest to you. The personal information uploaded by you through the Seedling Features will be shared only with authorized persons you specifically grant access to. We may also use your personal information to provide analyses of our users in the aggregate (including Analytical Data subject to the terms of this Privacy Policy) to prospective partners and other third parties. We will also share the personal information we collect from you under the following circumstances:

 

  • Protection of rights. We will share personal information if we have a good faith belief that (i) access, use, preservation or disclosure of such information is reasonably necessary to satisfy any applicable law, regulation, legal process, such as a court order or subpoena, or a request by law enforcement or governmental authorities, (ii) such action is appropriate to enforce our Terms of Use for the Seedling Features, including any investigation of potential violations thereof, (iii) such action is necessary to detect, prevent, or otherwise address fraud, security or technical issues associated with the Seedling Features, or (iv) such action is appropriate to protect the rights, property or safety of Seedling, its employees, users of the Seedling Features or others.
  • Asset transfers. If we become involved in a merger, acquisition or other transaction involving the sale of some or all of Seedling’s assets, user information, including personal information collected from you through your use of the Seedling Features, could be included in the transferred assets. Should such an event occur, we will use reasonable means to notify you through email and/or a prominent notice on the App and/or Site.
  • Service Providers. We may share your personal information with service providers (including our affiliates that provide services on our behalf) that we engage for the purpose of processing information on our and your behalf. Additionally, we may partner with other companies to process, analyze, and/or store data, including, but not limited to, Analytical Data. While providing services for us, these companies may access your personal information. To the extent applicable, we require these entities to comply with this Privacy Policy and appropriate confidentiality and security measures.

 

Additional Information You Should Know About Third Parties

The Site may contain direct links to websites operated by our partners and other entities. These third party websites may collect information about you when you visit them or otherwise communicate with them. This Privacy Policy does not cover the information practices of third party websites linked to the Site or accessible through the Seedling Features. Although we encourage such third parties to adopt and follow their own privacy policies, we are not responsible for their collection and use of your personal information. You should refer to the privacy policies and statements of other websites or contact the respective webmasters of those websites to obtain information regarding their information collection, use and disclosure policies.

When you have clicked on a third party logo or URL displayed on our Site or accessible through the Seedling Features which links you to a different website, our Privacy Policy no longer applies and you must read the privacy policy of the third party to see how your personal information will be handled on their website.

 

What choices do you have about the collection and use of your personal information?

 

Control of Your Information

 

You may update or delete your personal information or modify your account preferences for the Seedling Features by accessing the account interface provided through the Seedling Features. Please note that if you disable your account, we will keep your contact information on file, and may retain other account information for a reasonable period of time afterward for the purpose of internal account management and fraud prevention activities.

 

Opting Out of Receiving Communications From Us

 

If you no longer want to receive our newsletter, emails or other announcements, you may unsubscribe by writing to us at feedback@seedling.com or following to the “unsubscribe” link at the bottom of our emails. Please note that you cannot unsubscribe from certain correspondence from us, including messages relating to your account transactions.

 

Mediation

 

You agree that, in the event any dispute or claim arises out of or relating to this Privacy Policy, you and Seedling will attempt in good faith to negotiate a written resolution of the matter directly between the parties. You agree that if the matter remains unresolved for forty-five (45) days after notification (via certified mail or personal delivery) that a dispute exists, all parties shall join in mediation services in Los Angeles, California with a mutually agreed mediator in an attempt to resolve the dispute. Should you file any arbitration claims, or any administrative or legal actions without first having attempted to resolve the matter by mediation, then you agree that you will not be entitled to recover attorneys’ fees, even if you would otherwise be entitled to them.

 

What security measures do we take to safeguard your personal information?

 

The personal information that you provide to us is stored on servers, which are located in secured facilities with restricted access, and protected by protocols and procedures designed to ensure the security of such information. In addition, we restrict access to personal information to Seedling employees, independent contractors and agents who need to know this information in order to develop, operate and maintain the Seedling Features. All Seedling personnel who have access to this information are trained in the maintenance and security of such information. However, no server, computer or communications network or system, or data transmission over the Internet can be guaranteed to be 100% secure. As a result, while we strive to protect user information, we cannot ensure or warrant the security of any information you transmit to us or through the use of any of the Seedling Features and you acknowledge and agree that you provide such information and engage in such transmissions at your own risk. Once we receive a transmission from you, we will endeavor to maintain its security on our systems.

 

In the event that personal information you provide to us is compromised as a result of a breach of security, when appropriate we will take reasonable steps to investigate the situation, notify you and take the necessary steps to comply with any applicable laws and regulations.

 

Notification of Changes

 

This Privacy Policy may change from time to time and we will post all changes on the Site and/or the App.

 

Questions? Contact Us

 

If you have any questions about our privacy practices or this Privacy Policy, please contact us by email at feedback@seedling.com or by telephone at (855) 500-9260.

 

Terms of Use

 

Please read the Terms of Use governing the use of the Site and the Seedling Features.

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