PlantSnap, Inc. Privacy Policy

Updated 10-16-2018

PlantSnap, Inc. (“We”, “Us” or “Our” as applicable) takes great care to ensure that any submission of your personal information is kept private and not disclosed in an unauthorized manner. We respect the privacy of every person that uses our website and mobile application, including related features, products, and services (collectively the “Platform”) and we are committed to a safe online experience for our users. Although the Platform is not designed to collect substantial personal data, we feel it is important to explain what information we do collect, what we do with it and to describe the rights you may have with respect to the data. We also respects the privacy of every person who uses the services that we make available from the Platform or who engages with the Platform or us to use the services that are provided (be it through the Platform or not) (“Service” or “Services”) or whose personal information may be processed as a result of others’ use of the Services.

 

 

WHAT IS THE PURPOSE OF THIS PRIVACY POLICY?

 

This privacy statement (“Privacy Policy”) explains our collection of any personal information that we may obtain about you from you or a third party and the purposes for which we may process such information. This Privacy Policy also sets out your rights in respect to our processing of your personal information. The purpose of this Privacy Policy is also to comport to applicable data privacy laws and, if applicable, the “DP Laws” (as defined near the end of this Privacy Policy).

This Privacy Policy informs you of the nature of the information that is collected and processed by us and how you can request that we delete, update, transfers and/or provide you with access to it.

This Privacy Policy is intended to help you make an informed decision when using the Platform and our Services and/or to understand how your information may be processed by us as a result of your use of and the function of the Platform and Services. Please read this Privacy Policy carefully so that you understand it. Please note that when using the Platform it should be read in conjunction with our Terms of Service, as may be updated from time to time.

Please also note that this Privacy Policy only applies to the use of your personal information obtained by us, it does NOT apply to your personal information that is collected during your communications with third parties.

WHO IS PLANTSNAP, INC. AND WHAT DO WE DO?

 

PlantSnap, Inc. is a United States corporation established in the State of Delaware, whose registered address is 3500 DuPont Hwy, Dover, DE 19901. We are the data controller responsible for your personal information processed via the Platform. For more information on what we do, please visit our ‘About Us’ URL at: https://plantsnap.com/who-we-are/.

HOW TO CONTACT US?

 

If you have any questions about this Privacy Policy or want to take any action with respect to your personal information as set out in this Privacy Policy, you must contact us by:

Sending an Email to: info@plantsnap.net

 

 

WHY DO WE COLLECT YOUR DATA AND WHAT DO WE COLLECT?

 

Our primary goal in collecting personal information from you is to: (1) verify your identity; (2) help us deliver the Services and provide your ability to use the Platform actively; (3) improve, develop and market new Services; (4) carry out requests made by you on the Platform or in relation to our Services; (5) investigate or settle inquiries or disputes; (6) comply with any applicable law; (7) enforce our agreements with you; (8) protect the rights, property or safety of us or third parties, including our other customers, subscribers and users of the Platform or our Services; (9) provide support for the provision of our Services; and (10) use as otherwise permitted by law.

To undertake these goals, we may collect the following personal information related to our users:

If you are a visitor to the Platform:

• Name (If you enter it)

• E-mail address (If you provide it)

• IP Address saved by our web server logs

• Third-party service vendor data, as collected by such third-party’s at our request

• Other data collected using Google Analytics by Google, Inc.

If you are an individual user of the Services or the Platform and you choose to provide your information then we may collect:

• Name

• E-mail address

• Home address

• Telephone/mobile phone number

We may also collect information about your use of the Platform including:

• Electronic communications protocols

• Web pages visited

• Cookies

• User preferences

• User privileges

• Other information relevant to provision of the Services

• Other information as may be requested by us from you in relation to provision of the Services

• Third-party monitoring related to web traffic

• Location Data

Collection of the personal information described above may be through the following methods:

• Automated means such as communication protocols and cookies

• Online registration and online signup forms

• Online Customer communications

• Offline communications and interactions

• Third party sources of information

• After your consent

 

 

WHAT ARE ELECTRONIC COMMUNICATIONS PROTOCOLS AND COOKIES AND HOW DO WE USE THEM?

 

We may store information that we collect through cookies, log files, clear gifs, and/or third parties to create profiles of our users. A profile is stored information that we keep on individual users that detail their viewing preferences. Consequently, collected information is tied to the users’ personally identifiable information to provide offers and improve the content of the Platform for the user. This profile is used to tailor a user’s visit to the Platform, and to direct pertinent marketing promotions to them. We do not share your profile with other third parties.

 

Cookies

 

A cookie is a piece of data stored on the user’s computer tied to information about the user. Usage of a cookie is in no way linked to any personally identifiable information while on our Platform. We use both session ID cookies [and] persistent cookies. For the session ID cookie, once users close the browser, the cookie simply terminates. A persistent cookie is a small text file stored on the user’s hard drive for an extended period of time. Persistent cookies can be removed by following Internet browser help file directions.

We use cookies to enhance the user’s experience on the Platform. By setting a cookie on our Platform, users would not have to log in a password more than once, thereby saving time while on our Platform. If users reject the cookie, they may still use our Platform. The only drawback to this is that the user will be limited in some areas of our Platform. For example, the user will not be able to participate in any of our sweepstakes, contests or monthly drawings that take place. Persistent cookies enable us to track and target the interests of our users to enhance the experience on the Platform.

While we do not offer an opt-out on the Platform for cookies, browsers provide you with information and control over cookies. You can set your web browser to alert you when a cookie is being used. You can also get information on the duration of the cookie and what server your data is being returned to. You then have the opportunity to accept or reject the cookie. Additionally, you can set your browser to refuse all cookies or accept only cookies returned to the originating servers. Users can generally disable the cookie feature on their browser without affecting their ability to use the Platform, except in some cases where cookies are used as an essential security feature necessary for transaction completion.

In the course of serving advertisements to the Platform, our third-party advertiser may place or recognize a unique “cookie” on your browser.

 

How Do We Use Your Data?

 

• To Engage In Transactions For Service: Your name, address, email, purchase details, and credit card/payment information may be collected and stored as part of the transaction history and may be used by us to enable us to perform the Services.

• To Provide Future Service And Support. Information collected for this purpose is both contact data and information related to products and service/support requested. This information is also used to provide service, product updates, and similar notices.

• To Select Content. Data may be collected to help create web site content and navigation that is most relevant and user friendly. This includes data collected as a result of site navigation, as well as data provided in forms.

• To Respond To User Inquiries And Requests For Information. This data includes registrations for online newsletters, opt-in mailing lists and specific requests for further information.

• To Respond To Regulators. Data is used to respond to law enforcement organizations, government officials, or third parties when compelled by subpoena, court order, or applicable law, or to report or prevent suspected fraudulent or illegal activity in the use of the Services. We will notify Customer of the information request or submission as, and if, allowed.

• When You Consent to Share Information to/for Relevant Programs or Online Accounts. To provide various communities, such as resellers, with relevant product alerts and updates. These updates are related to product releases, prices, terms, special offers and associated campaigns. This data is sent when the program member signs up for the relevant program or online account.

• For PlantSnap, Inc.’s Marketing to You. We may use information from user purchases and user-specified requirements to provide you with timely and pertinent notices regarding product releases and service developments that address your needs and specified requirements and/or which are similar to services previously purchased by the user from us.

• For Third-Party Advertising to You. We may use information derived from cookies, location data (if you allow it) or your behavior on the Platform to allow us and third parties to target certain ads towards you while you use the Platform. The ads appearing on the Platform are delivered to users by our ad serving software. Information about users’ visit to this Platform, such as number of times they have viewed an ad (but not user name, address, or other personal information), is used to serve ads to users on this Platform. We also use third-party advertising companies to serve ads when you visit our Platform. These companies may use information (not including your name, address, email address or telephone number) about your visits to this Platform and other web sites in order to provide advertisements about goods and services of interest to you. If you would like more information about this practice and to know your choices about not having this information used by these companies, click here: https://www.networkadvertising.org/consumer/opt_out.asp

• To Place Cookies on Your Browser. In the course of serving advertisements to this Platform, our third-party advertiser may place or recognize a unique cookie on your browser.

• To Use Log Files. Like most standard web site servers we use log files. This includes internet protocol (IP) addresses, browser type, internet service provider (ISP), referring/exit pages, platform type, date/time stamp, and number of clicks to analyze trends, administer the Platform, track users’ movement in the aggregate, and gather broad demographic information for aggregate use. IP addresses, etc. are not linked to personally identifiable information. We use a tracking utility called ‘ClickTracks’ that uses log files to analyze user movement.

• To Use Clear Gifs. We employ a software technology called clear gifs (a.k.a. Web Beacons/Web Bugs), that help us better manage content on the Platform by informing us what content is effective. Clear gifs are tiny graphics with a unique identifier, similar in function to cookies, and are used to track the online movements of Web users. The main difference between the two is that clear gifs are invisible on the page and are much smaller, about the size of the period at the end of this sentence. Clear gifs are not tied to users’ personally identifiable information. Clear Gifs can “work with” existing cookies on a computer if they are both from the same Platform or advertising company. That means, for example, that if a person visited ‘www.companyX.com’, which uses an advertising company’s clear gif, the web site would match the clear gif’s identifier and the advertising company’s cookie ID number, to show the past online behavior for that computer. In addition, we use clear gifs in our HTML-based emails to let us know which emails have been opened by the recipients. This allows us to gauge the effectiveness of certain communications and the effectiveness of our marketing campaigns. If users would like to opt-out of these emails, please see the Opt-out section.

• For Special Offers. We send all new members a welcoming email to verify password and username. Established members will occasionally receive information on products, services, special deals, and a newsletter. Out of respect for the privacy of our users we present the option to not receive these types of communications. Please see the Choice and Opt-out sections.

• For Newsletters. If a user wishes to subscribe to our newsletter, we ask for contact information such as name and email address.

• For Service Announcements. On rare occasions it is necessary to send out a strictly service related announcement. For instance, if our Service is temporarily suspended for maintenance we might send users an email.

• For Customer Service. We may communicate with you on a regular basis to provide the Services and any other requested services, and in regards to issues relating to their account we reply via email or phone, in accordance with the users wishes.

Notwithstanding the foregoing, we will not transfer information to any of its agents unless it first either ascertains that the agent subscribes to the U.S. Safe Harbor Principles or is subject to the DP Laws as defined at the end of this Privacy Policy or another adequacy finding or enters into a written agreement with such agent requiring that the agent provide at least the same level of privacy protection as is required by the relevant U.S. Safe Harbor Principles.

 

 

DOES PLANTSNAP, INC. COLLECT ANY FINANCIAL DATA?

 

No. PlantSnap, Inc. utilizes Google and Apple to process all financial transactions and PlantSnap, Inc. is not provided with any data or personal information related to your transaction.

DOES PLANTSNAP, INC. SHARE YOUR PERSONAL DATA?

 

We will only share your data for the limited marketing purposes as set forth in this Privacy Policy and with other vendors for purposes of performing the Services and operation of the Platform.

WHO DOES PLANTSNAP, INC. SHARE YOUR PERSONAL INFORMATION WITH?

 

We may share your data in an aggregated, de-identified manner with third-party marketing companies as set forth in this Privacy Policy. We do not share your data with any third-parties to perform the Services except that various vendors that are performing maintenance on the Site may have limited temporary access to your information. We may provide your personal information to third-party payment processors or order fulfillment vendors for purposes of providing the Services to you. We may also need to share your personal information for purposes of disclosing to law enforcement if required by law. We do not share your personal information other than your location data (if you allow us) with third-parties for advertising purposes.

 

 

WHAT IS PLANTSNAP, INC.’S LEGAL BASIS FOR SHARING YOUR PERSONAL DATA?

 

It is necessary for us to use your personal information to perform our obligations in accordance with any contract that we may have with you or it is in our legitimate interest or a third party’s legitimate interest to use personal information in such a way to ensure that we provide the Services in the best way that we can. We have a legitimate business interest to create business opportunities for our company in sharing aggregated demographic information with our partners and advertisers that may be based on your aggregated, de-identified personal information. This is not linked to any personally identifiable information. We also have a legitimate business interest to share your personal information with third party vendors that are necessary to fulfill any orders that you make on the Platform. We may share your location data for the legitimate purpose of providing targeting advertising to you if you consent to our use of location data.

 

 

WHAT ABOUT COLLECTION OF MINOR’S DATA?

 

The Service is not targeted towards, nor intended for use by, anyone under the age of 18. We do not collect personal identifying information from any person we actually know is a minor under the age of 18.

 

 

ARE THERE ANY OTHER CIRCUMSTANCES THAT MY PERSONAL INFORMATION MAY BE SHARED?

 

 

Business Transitions

 

In the event PlantSnap, Inc. goes through a business transition, such as a merger, being acquired by another company, or selling a portion of its assets, users’ personal information will, in most instances, be part of the assets transferred. Users will be notified via email prior to a change of ownership or control of their personal information. If as a result of the business transition, the users’ personally identifiable information will be used in a manner different from that stated at the time of collection they will be given choice consistent with our notification of changes section.

 

Surveys and Contests

 

From time-to-time the Platform requests information from users via surveys or contests. Participation in these surveys or contests is completely voluntary and the user therefore has a choice whether or not to disclose this information. The requested information typically includes contact information (such as name and shipping address), and demographic information (such as zip code). Contact information will be used to notify the winners and award prizes. Anonymous Survey information will be used for purposes of monitoring or improving the use and satisfaction of this Platform. Users’ personally identifiable information is not shared with third parties unless we give prior notice and choice. Though we may use an intermediary to conduct these surveys or contests, they may not use users’ personally identifiable information for any secondary purposes.

 

Third-Party Marketing

 

We use MaxOnline and other third-party advertising companies to serve ads when you visit the Platform. These companies may use information including your location data if you allow us (but not including your name, address, email address or telephone number) about your visits to this Platform and other web sites in order to provide advertisements on this Platform and other web sites about goods and services that may be of interest to you. If you would like more information about this practice and to know your choices about not having this information used by these companies, please click here www.networkadvertising.org/optout_nonppii.asp.

 

 

HOW DO WE OBTAIN YOUR CONSENT?

 

Where PlantSnap, Inc.’s use of your personal information requires your consent, you can provide such consent:

• At the time we collect your personal information following the instructions provided; or

• By informing us by e-mail, mail/post or phone using the contact details set out in this Privacy Policy in the “How to Contact Us” section above.

• At the time you allow us to collect your location data.

   

 

WHAT ARE MY RIGHTS WITH RESPECT TO EARTH, INC.’S USE OF MY PERSONAL INFORMATION?

 

 

Choice/Opt-out

 

Each of our users are given the opportunity to ‘opt-out’ of having their information used for purposes not directly related to the Platform at the point where we may ask for your personal information. For example, our order form has an ‘opt-out’ mechanism so users who buy a product from us, but don’t want any marketing material, can keep their email address off of our lists.

Users who no longer wish to receive our newsletter and promotional communications may opt-out of receiving these communications by replying to unsubscribe in the subject line in the email.

Users of our Platform are always notified when their information is being collected by any outside parties. We do this so our users can make an informed choice as to whether or not they should proceed with services that require an outside party.

 

Correcting/Updating/Deleting/Deactivating Personal Information

 

If a user’s personally identifiable information changes (such as zip code, phone, email or postal address), or if a user no longer desires the Service, we provide a way to correct, update or delete/deactivate users’ personally identifiable information. This can be done at the member information page or by emailing us at the email address provided in the How to Contact Us portion of this Privacy Policy or by contacting Customer Support.

 

Additional Rights Under DP Laws

 

Further, under the applicable DP Laws you may have additional rights depending on your citizenship status. In compliance with applicable data privacy laws including the DP Laws (as defined herein), You may request to view or have your personal information and data that we collect, delete from the Platform by contacting the email listed above in the Section entitled “How to Contact Us”. PlantSnap, Inc. will respect and comply with your request by the later of (60 days) a reasonable time or (120 days) any required timeframe required by applicable data privacy laws or the DP Laws, as applicable.

Based on where you live, you may have additional rights, if applicable under relevant DP Laws, including the rights to:

• Access your personal information data;

• Rectify the data if it is incomplete,

• Restrict the processing of your data,

• Object to processing of your data,

• Lodge complaints with supervising authority,

• Withdraw your consents to our use of your data,

• Not be subject to automated decision making and profiling,

• Limited rights to port your data.

 

 

HOW LONG DO WE KEEP YOUR PERSONAL INFORMATION FOR?

 

Unless we are instructed otherwise by yourself or any regulatory body, then:

Regarding visitors to the Platform, we will retain relevant personal information for at least 3 years from the date of our last interaction with you and in compliances with our obligations under the applicable data privacy laws or DP Laws as applicable.

Unless we are instructed otherwise by yourself or any regulatory body, then regarding personal information we have processed as part of providing the Services to any user, we will retain relevant personal information for at least 3 years from the date of our last interaction with that user compliances with our obligations under the applicable data privacy laws or DP Laws as applicable.

WHAT ARE LINKS AND HOW DOES PLANTSNAP, INC. USE THEM?

 

The Platform contains links to other sites. Please be aware that we, PlantSnap Inc., are not responsible for the privacy practices of such other Platform. We encourage our users to be aware when they leave the Platform and to read the privacy statements of each and every Platform that collects personally identifiable information. This Privacy Policy applies solely to information collected by this Platform.

 

 

HOW DOES PLANTSNAP, INC. PROTECT MY INFORMATION?

 

PlantSnap, Inc. takes every precaution to protect our users’ information. When users submit personal information via the Platform, their information is protected both online and off-line. 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 Provider employees, independent contractors and agents who need to know this information in order to develop, operate and maintain the Service. 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 through use of the Service 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.

WHAT ABOUT THE PHOTOS YOU SUBMIT ON THE APP?

 

We encourage everyone to avoid sending any pictures that may be used to identify themselves in the photos that you upload. Please do not send any photos of yourself that would allow others to identify you. We only want photos of plants. Any use of photos with your likeness is subject to the terms of our Terms of Use.

WHAT WILL WE DO IF ANYTHING CHANGES?

 

If we decide to change our Privacy Policy, we will post those changes to the Platform’s homepage, and other places we deem appropriate so our users are always aware of what information we collect, how we use it, and under what circumstances, if any, we disclose it. We will use information in accordance with the Privacy Policy under which the information was collected.

 

 

HOW DO WE HANDLE ENFORCEMENT?

 

PlantSnap, Inc. has established internal mechanisms to verify its ongoing adherence to its Privacy Policy, including the U.S. Safe Harbor Principles. We also encourage individuals covered by this privacy policy to raise any concerns about our processing of personal information by contacting us at the e-mail address above. We will seek to resolve any concerns. We will also agree to participate in the dispute resolution program provided by the European Data Protection Authorities if applicable to the user’s citizenship status.

HOW DO WE HANDLE PRIVACY POLICY UPDATES?

 

If we are going to use your data in a manner different from that stated at the time of collection, we will notify you via email. However, PlantSnap, Inc. strives to maintain a static data collection and processing process and will make best efforts to comply with this Privacy Policy as of the initial collection date of any of your personal information and only to make such changes that increase the protection of your personal information. In addition, if we make any material changes in our privacy practices that do not affect user data already stored in our database, we will notify you by email or post a prominent notice on the user area notifying users of the change. In some cases, when we post the notice, we will also email users who have opted to receive communications from us, notifying them of the changes in our privacy practices.

We may update this Privacy Policy from time to time to describe how new Platform features affect our use of your data and to let you know of new control and preference features that we provide.

WHAT ARE DATA PROTECTION LAWS (APPLICABLE TO YOU BASED ON YOUR CITIZENSHIP)?

 

For purposes of this Privacy Policy, “DP Laws” means any applicable data protection laws relating to the protection of individuals with regards to the processing of personal data including (i) EU Data Protection Directive 95/46/EC (“DP Directive”) as implemented by EU member states, (ii) the General Data Protection Regulation (EU) 2016/679 (“GDPR”), from 25 May 2018, (iii) laws implemented by EU member states which contain derogations from, or exemptions or authorizations for the purposes of, the GDPR, or which are otherwise intended to supplement the GDPR, (iv) Directive 2002/58/ec (“ePrivacy Directive”) as implemented by EU member states or in the UK (as may be updated or replaced) or any other law relating to data protection, the processing of personal data and privacy as a consequence of the United Kingdom leaving the European Union; and/or (vi) any corresponding or equivalent national laws or regulations including any amendment, update, modification to or re-enactment of such laws. Rights afforded to users that live in the European Union may be different than users with other nationalities.