GARDENAWAY INC. PRIVACY POLICY
Updated as of March 16, 2019
Welcome to smartgardenplans.com, an interactive website (the “Website”) owned and operated by GARDENAWAY INC. (hereinafter referred to as “GARDENAWAY”) that is dedicated to assisting you in creating and sharing free custom garden plans. You can then take your plan to shop in a physical store near you, or use our on-line store to purchase products and services from the comfort of your home.
GARDENAWAY cares about your privacy and it is committed to respecting and protecting the privacy and confidentiality of your Personal Information (as defined below). This Privacy Policy describes what Personal Information GARDENAWAY collects from its users, how this information is used and may be shared or disclosed, and what choices and rights its users have over their data. The collection, use and disclosure of Personal Information by GARDENAWAY is governed by the Personal Information Protection and Electronic Documents Act (Canada) (hereinafter, the “Act”), and any similar privacy legislation of other jurisdictions (collectively, “Privacy Laws”).
The information provided in this Privacy Policy is intended for Canadian and United States residents using the Website only. GARDENAWAY makes no representations that this Privacy Policy is appropriate for residents of other jurisdictions. If you are a resident outside of Canada or the United States, please send us an e-mail at support@smartgardenplans.com for more information.
All access and use of this Website (and all related applications, including any mobile applications) operated by GARDENAWAY (collectively, the “Applications”) are subject to this Privacy Policy. Please note that this Website and Applications may contain links to other websites provided and maintained exclusively by third parties, which are not subject to this Privacy Policy. We suggest that you review the privacy policies on any external websites to determine their respective privacy policy. GARDENAWAY will not be liable in any circumstances for any damages, direct or indirect, resulting from any use of third-party websites linked to this Website and its Applications, whether or not it has been advised of the possibility of such damages.
Your Consent and Updates to this Privacy Policy
Your use of this Website and any related applications constitutes agreement to applicable laws and the terms and conditions contained on the Website and Applications, in this Privacy Policy, and in the associated Terms of Service and Use Agreement. By providing your Personal Information to us, you agree that we may collect, use and disclose your Personal Information in accordance with this Privacy Policy and as otherwise permitted or required by law. Except as provided below, we do not collect any personally identifiable information about you while you use the Website and Applications. However, we may seek your consent to use or disclose Personal Information after it has been collected in cases where we wish to use or disclose the information for a purpose not previously identified or expressed in this Privacy Policy.
GARDENAWAY reserves the right to change this Privacy Policy at any time without notice and by using this Website subsequent to any revision of the policy, and you hereby agree to be bound by such changes. We will post any changes to this Privacy Policy on this Website. We encourage you to periodically review this Privacy Policy and familiarize yourself with the most current version. We will use any information collected in accordance with the Privacy Policy in effect at the time the information is collected.
How we Collect and Use of your Personal Information
We collect Personal Information from you when you register on our Website and Applications, subscribe to our on-line services or fill out a form. When registering on our Website or subscribing for services, as appropriate, you may be asked to provide your name, e-mail address, mailing address, phone number or credit card information. You may, however, visit our Website and Applications anonymously, but functionality will be limited.
“Personal Information” includes personally identifiable information such as your name, residential address and e-mail address and may include information about your service subscription, and payment information when using our on-line store. Publicly available information, such as a public directory listing of your name, address, and telephone number are not considered Personal Information.
GARDENAWAY collects Personal Information for specific, limited purposes, and does so by fair and lawful means. Without limiting the generality of the foregoing, GARDENAWAY may collect the following Personal Information:
(a) Profile Information and Content. When you register and create an account on our Website and use our Applications to create and share your garden plans, including but not limited to your name, email address and other relevant profile information, photos, designs, comments, reviews, searches, photo notes and discussions. We will use this information to complete your GARDENAWAY transactions, respond to your inquiries, or as otherwise indicated, as well as to provide you with important notices and updates from time to time, such as changes to our terms and policies, security alerts and administrative messages.
(b) Purchases and Sale. If you purchase or sell products and services through the use of our Website and Applications, we collect certain information in order to process the orders, such as your name, email address, phone number, address for delivery, payment information and optional information like your username and password. We will use this information for purposes such as sending you information about your account and order, responding to your requests (including complaints and refunds), processing payments and preventing fraud, setting up your account for our on-line store, and complying with any legal obligations with respect to calculating and remitting taxes.
(c) Communications and Comments Information. When you communicate with us through our Website and Applications or via our email address, phone number, or otherwise, we store a copy of your communications in order for us or any of our third-party partners and advertisers to respond to your enquiries or comments. We also use this information to gain a better understanding of your interests so that we may develop and market additional products and services to our users.
(d) Surveys, Marketing and Contests. We collect aggregated anonymized demographic information about our Website and Applications users and we may share this information with our partners and advertisers so that they can better meet the needs and interests of our users. This information does not identify any individual user. If you decide to participate in any of our contests or other on-line promotions, we will use the information that you provide to us to administer the contest or promotion.
We may also send you additional information on GARDENAWAY services and products, including but not limited to webcast and on-line events and tips and other helpful information and marketing offers of our products and services (the “Marketing Offers”). You may opt-out of these Marketing Offers at any time and will be provided with an opportunity to do so no later than the time of collection (see “Our Opt-Out Policy”, below).
(e) Compliance with Lawful Requests. We may be required to disclose user information pursuant to demands or requests made by regulators, governments, courts and law enforcement authorities, such as subpoenas or court orders, or to investigate and take action against illegal or harmful behaviour of users. We do not reveal information until we have a good faith belief that an information request by law enforcement or private litigants meets applicable legal standards. Additionally, we may share account or other information when we believe it is necessary to comply with law, to protect our interests or property, to prevent fraud or other illegal activity perpetrated through the GARDENAWAY Website and Applications or using the GARDENAWAY name, or to prevent imminent bodily harm. This may include sharing information with other companies, lawyers, agents or government agencies.
(f) Log Files. As is true of most websites, we gather certain information automatically and store it in log files. This information includes internet protocol (IP) addresses, browser type, internet service provider (ISP), referring/exit pages, operating system, date/time stamp, and the route that a user has taken through the web pages (‘clickstream data’). We use this information, which does not identify individual users, to analyze trends, to administer our Website and Applications, to track users’ movements around the Website and Applications, and to gather demographic information about our user base as a whole. We also use this information to continually improve our customer experience.
(g) Device Information. We collect information about the type of device you are using to access the Website and Applications, including the type of device, operating system, settings, unique device identifiers and crash data that helps us understand when something goes wrong with the functionality of our Website and Applications. Different devices provide us with different types of information. To learn more about what information your device makes available to us, please also check the policies of your device manufacturer or software provider.
(h) Cookies and Web Beacons. We use cookies on this Website and Applications. Cookies are small files that are stored on both our server and your computer’s hard drive through your web browser. They enable websites and their respective service providers to recognize your browser and capture and remember certain information, such as your name, password, username, screen preferences, the pages of a website viewed by you and the advertisements you view or click.
• We use both “session ID cookies” and “persistent cookies”:
• Session ID cookies make it easier for you to navigate our Website and Applications. A session ID cookie expires when you close your browser.
• A persistent cookie remains on your hard drive for an extended period and enables us to make your visit to our Website easier by recognizing you when you return and helping to provide you with a customized experience.
We use cookies to control the display of advertisements, to track usage patterns, to deliver content, and to record registration. These cookies can also be used to provide information about numbers of visitors, the average time spent on a particular page and generally the performance of the web site. You have the ability to accept or decline cookies by modifying the settings in your browser. If you choose to disable cookies, you may still use our Website and Applications; however, you may have limited access to some areas within our site.
Some of our web pages, emails, and other online content may contain small electronic images known as “web beacons”. Web beacons allow us to count users who have visited our web pages, seen our ads, or opened our email. Unlike cookies, web beacons cannot be declined when delivered via a regular web page. However, web beacons can be refused when delivered via email by disabling HTML images or refusing HTML emails (select “Text only”) in your email software.
Some of our business partners use cookies on our Website. We have no access to or control over these cookies. This Privacy Policy covers the use of cookies by this Website and Applications only and does not cover the use of cookies or any other tracking technologies by any advertisers or third parties.
(i) Additional Personal Information. If any additional Personal Information is to be collected, and/or is to be used or disclosed for other purposes, where applicable, GARDENAWAY will seek your consent to such specific collection, use and disclosure.
How we Share your Personal Information
We do not sell, trade, or otherwise transfer to outside parties your Personal Information. This does not include trusted third parties who assist us in operating our Website and Applications, conducting our business, or servicing you, so long as those parties agree to keep this information confidential. Without limiting the generality of the foregoing, GARDENAWAY will not share or otherwise transfer your Personal Information with other parties except as provided below:
(a) We may share your information with our partners and advertisers. We may provide our partners and advertisers with aggregated demographic information about our users. Please note that this aggregated demographic information does not include any personally identifiable information. They may use this information to better understand your needs and interests. We specifically disclaim any responsibility or liability for the actions of such partners and advertisers since we do not control their technologies or how they may be used. While we inform them that they are only permitted to use this information for the limited, applicable purposes, we do not have any responsibility for the actions of these partners and advertisers.
(b) We may share your Personal Information with authorized third-party service providers. GARDENAWAY may disclose your Personal Information to our trusted third-party service providers, affiliates and selected sponsors and advertising partners who assist us in operating our Website and Applications, conducting our business and servicing you, or assisting us in promoting our products and services, as long as those parties agree to keep this information confidential. We may also disclose or share non-personally identifiable information that has been rendered anonymous with partners, advertisers, merchants and/or prospective merchants to help explain our business and the effectiveness of our business or for promotional purposes.
(c) We may share your Personal Information in a business transfer. GARDENAWAY may disclose your Personal Information to parties connected with a contemplated or actual amalgamation or acquisition by another company, financing, insuring, sale, assignment or other disposal of all or part of our business or assets, including for the purposes of determining whether to proceed or continue with such transaction or business relationship or fulfilling any records or other reporting requirements to such parties. We will use our best commercial efforts to require such parties to treat your Personal Information in accordance with this Privacy Policy.
How we Protect Children’s Privacy
GARDENAWAY’s Website and Applications are not intended for persons under 18 years of age. No one under age 18 may submit or post on our Website or Applications any Personal Information including but not limited to your name, address, telephone number or email address. If you are under 18, please do not use or provide any information on GARDENAWAY Website or through any of our Applications, on or through any of its features, or make any transactions through our Website or Applications, or use any of the interactive or public features of our Website and Applications.
We do not knowingly collect Personal Information from persons under 18. In the event that we learn we have collected or received Personal Information from a person under 18 without verification of parental consent, we will delete that information as quickly as possible. If you believe that we might have any information from or about a person under 18, please click on CONTACT below, or send an email to GARDENAWAY at support@smartgardenplans.com.
Our Security Measures and Retention of your Personal Information
GARDENAWAY is responsible for the Personal Information in its possession, custody, or control and has designated a Data Protection Officer who is accountable for GARDENAWAY’s compliance with the requirements and principles set out in the applicable legislations. It is important to note that, while we have implemented significant security measures (as described below) to protect your Personal Information, we cannot guarantee that unauthorized third parties will not be able to breach our security systems.
GARDENAWAY implemented a variety of security measures when your Personal Information is entered, submitted or accessed. We offer the use of a secure server and we use encryption to keep your Personal Information secure while in transit. All supplied sensitive/credit information is transmitted via Secure Socket Layer (“SSL”) technology and then encrypted into our payment gateway providers’ database, only to be accessible by those authorized with special access rights to such systems, and who are required to keep the information confidential. After a transaction, your private information (for example, credit card numbers or any other information regarding payment) will not be stored on our servers. We restrict access to Personal Information to GARDENAWAY’s employees, sub-contractors and agents who need that information in order to process it. Anyone with this access is subject to strict contractual obligations. Furthermore, we provide ongoing information to our staff, sub-contractors and agents to ensure that they are aware of and comply with the requirements of this Privacy Policy. Please note that it is also important for you to protect against unauthorized access to your password and to your computer by, for instance, ensuring that you sign off when you finish using a shared computer.
We have an international presence, and your Personal Information may be processed and stored outside of the province in which you reside and/or outside of Canada by us, an affiliate or a third-party service provider for the purposes set out in this Privacy Policy. You agree that your Personal Information will be subject to the laws of these other jurisdictions, and in certain circumstances foreign courts, law enforcement agencies or regulatory agencies may be entitled to access it.
We retain your personal information only as long as necessary to support your use of our Website and Applications, and to process your purchase transactions. When the Personal Information is no longer required, it is destroyed or rendered anonymous in a secure manner.
If you choose to opt out of the collection and/or use of Personal Information (see “Our Opt Out Policy” below) by GARDENAWAY or delete your account, GARDENAWAY will make best efforts to destroy all of your Personal Information from its servers, except for any purchase transactions that may be outstanding at the time your request to opt out, pending their completion, after which any such outstanding Personal Information will be deleted. GARDENAWAY may retain Personal Information provided by you in connection with any purchase orders you completed solely for accounting and bookkeeping purposes.
Your Access to and Accuracy of your Personal Information
You may at any time access your Personal Information by e-mailing to us at support@smartgardenplans.com. We will try to ensure that the information we collect from you is accurate, complete and up-to-date. In the event you have questions about the accuracy of factual information we have collected about you, you will have access to that information in order to verify and update it.
Our Opt Out Policy
Opting out of our collection/use of your Personal Information
You can opt out of the collection and/or use of Personal Information by GARDENAWAY at any time. This can be done by either deleting your account.
Opting out from receiving email updates and Marketing Offers
You may also opt out from receiving email updates and Marketing Offers from GARDENAWAY and/or its partners and advertisers in the following ways:
• During registration of your account;
• After registration of your account by visiting you account profile and selecting the option to stop receiving such email updates and Marketing Offers; and,
• By sending an e-mail to GARDENAWAY at support@smartgardenplans.com.
If you opt out from receiving Marketing Offers, we will only contact you if such communication is mandated by law.
Contact Information and Notices of Policy Updates
If there are any questions or concerns regarding this Privacy Policy, or if you have any questions about the collection, use or disclosure of your Personal Information, or if you simply want to know whether we have any of your Personal Information on file, you may contact our Data Protection Officer at support@smartgardenplans.com.
Your use of GARDENAWAY’s Website and Applications, and any disputes arising from it, are subject to dispute resolution provisions including arbitration, limitation on damages and choice of law as set forth in this Privacy Policy, and to our Terms of Service and Use Agreement. We reserve the right to change our Privacy Policy and our Terms of Service and Use at any time. Non-material changes and clarifications will take effect immediately. For greater certainty, “non-material changes” refer to the correction of typographical errors, formatting changes and other minor alterations to this Privacy Policythat do not otherwise change the substance of its content. Material changes, such as additions or deletionsof the content of this Privacy Policy, will take effect within 10 days of their posting on this Website.
If we make changes, we will post them and will indicate at the top of this page the new effective date of the revised Privacy Policy. If we make material changes to this Privacy Policy, we will notify you on this Website and/or through a notice on our home page. We encourage you to refer to this Privacy Policy on an ongoing basis so that you understand our current privacy policy. Unless stated otherwise, our current privacy policy applies to all and any Personal Information that we have collected about you.