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Privacy Policy

Effective as of October 29, 2024.

This Privacy Policy describes how Epic Gardening, Inc. (“we”, “us”, “our”, or the “Company”) handles personal information that we collect through our digital properties that link to this Privacy Policy, including our website (collectively, the “Service”), as well as through social media, our marketing activities, and other activities described in this Privacy Policy.

Index

  • Personal information we collect
  • How we use your personal information
  • How we share your personal information
  • Your choices
  • Other sites and services
  • Security
  • International data transfer
  • Children
  • Changes to this Privacy Policy
  • How to contact us
  • Notice to California residents
  • Text messaging terms of service

Personal information we collect

Information you provide to us.  Personal information you may provide to us through the Service or otherwise includes:

  • Contact data, such as your first and last name, email address, mailing address, and phone number.
  • Demographic Information, such as your city, state, country of residence, and postal code.
  • Communications data based on our exchanges with you, including when you contact us through the Service, social media, or otherwise.
  • User-generated content data, such as photos, images, music, videos, comments, questions, messages, works of authorship, and other content or information that you generate, transmit, or otherwise make available on the Service, as well as associated metadata.  Metadata includes information on how, when, where and by whom a piece of content was collected and how that content has been formatted or edited.  Metadata also includes information that users can add or can have added to their content, such as keywords, geographical or location information, and other similar data.
  • Survey data, including information you share when you complete a survey.
  • Promotion data, including information you share when you enter a competition or promotion. Please note that if you participate in a sweepstakes, contest or giveaway through the Service, we may ask you for your contact data to notify you if you win or not, to verify your identity, determine your eligibility, and/or to send you prizes. In some situations, we may need additional information as a part of the entry process, such as a prize selection choice. These sweepstakes and contests are voluntary. We recommend that you read the rules and other relevant information for each sweepstakes and contest that you enter.
  • Transactional data, such as information relating to or needed to complete your orders on or through the Service, including order numbers and transaction history.
  • Marketing data, such as your preferences for receiving our marketing communications and details about your engagement with them.
  • Other data not specifically listed here, which we will use as described in this Privacy Policy or as otherwise disclosed at the time of collection.

Third-party sources. We may combine personal information we receive from you with personal information we obtain from other sources, such as:

  • Marketing partners, such as joint marketing partners and event co-sponsors.
  • Our affiliate partners, such as our affiliate network provider and publishers, influencers, and promoters who participate in our paid affiliate programs.
  • Third-party services, such as social media services. This data may include your username, profile picture and other information associated with your account on that third-party service that is made available to us based on your account settings on that service.

Automatic data collection.  We, our service providers, and our business partners may automatically log information about you, your computer or mobile device, and your interaction over time with the Service, our communications and other online services, such as:

  • Device data, such as your computer or mobile device’s IP address, unique identifiers, (including identifiers used for advertising purposes), and general location information such as city, state or general geographic area.
  • Online activity data, such as pages or screens you viewed, how long you spent on a page or screen, the website you visited before browsing to the Service, navigation paths between pages or screens, information about your activity on a page or screen, access times and duration of access, and whether you have opened our emails or clicked links within them.
  • Communication interaction data such as your interactions with our email, text or other communications (e.g., whether you open and/or forward emails) – we may do this through use of pixel tags (which are also known as clear GIFs), which may be embedded invisibly in our emails.

Automatic data collection technologies. Some of the automatic collection described above is facilitated by the following technologies:

  • Cookies, which are small text files that websites store on user devices and that allow web servers to record users’ web browsing activities and remember their submissions, preferences, and login status as they navigate a site. Cookies used on our sites may include both “session cookies” that are deleted when a session ends, “persistent cookies” that remain longer, “first party” cookies that we place and “third party” cookies that our third-party business partners and service providers place. 
  • Local storage technologies, like HTML5, which allow web servers to record users’ web browsing activities and remember their submissions, preferences and login status as they navigate a site. Such local storage technologies may store information on your device outside of your browser in connection with specific applications.
  • Web beacons, also known as pixel tags or clear GIFs, which are used to demonstrate that a webpage or email was accessed or opened, or that certain content was viewed or clicked.

How we use your personal information

We may use your personal information for the following purposes or as otherwise described at the time of collection:

Service delivery.  We may use your personal information to:

  • Provide, operate and improve the Service and our business.
  • Communicate with you about the Service, including by sending announcements, updates, security alerts, and support and administrative messages.
  • Communicate with you about events in which you participate.
  • Understand your needs and interests, and personalize your experience with the Service and our communications.
  • Provide support for the Service, and respond to your requests, questions and feedback.

Research and development.  We may use your personal information for research and development purposes, including to analyze and improve the Service and our business.  As part of these activities, we may create aggregated, de-identified or other anonymous data from personal information we collect.  We make personal information into anonymous data by removing information that makes the data personally identifiable to you.  We may use this anonymous data and share it with third parties for our lawful business purposes, including to analyze and improve the Service and promote our business.

Marketing.  We may send you direct marketing communications.  You may opt-out of our marketing communications as described in the Opt-out of marketing section below. In addition, our third-party advertising partners may use cookies and similar technologies to collect information about your interaction (including the data described in the automatic data collection section above) with the Service, our communications and other online services over time, and use that information to serve online ads that they think will interest you.  This is called interest-based advertising. We may also share information about our users with these companies to facilitate interest-based advertising to those or similar users on other online platforms.

Automatic data collection technologies. In addition to the other uses included in this section, we may use the automatic data collection technologies described above for the following purposes:

  • Technical operation. To allow the technical operation of the Service.
  • Functionality. To enhance the performance and functionality of our services.
  • Advertising. To help our third-party advertising partners collect information about how you use the Service and other online services over time, which they use to show you ads on other online services they believe will interest you and measure how the ads perform.
  • Analytics. To help us understand user activity on the Service, including which pages are most and least visited and how visitors move around the Service, as well as user interactions with our emails.  For example, our website uses cookies to help keep track of items you put into your shopping cart including when you have abandoned your cart; this information is used to determine when to send cart reminder messages via SMS (if you have opted-in to text messages). 

Compliance and protection.  We may use your personal information to:

  • Comply with applicable laws, lawful requests, and legal process, such as to respond to subpoenas or requests from government authorities.
  • Protect our, your or others’ rights, privacy, safety or property (including by making and defending legal claims).
  • Audit our internal processes for compliance with legal and contractual requirements or our internal policies.
  • Enforce the terms and conditions that govern the Service.
  • Prevent, identify, investigate and deter fraudulent, harmful, unauthorized, unethical or illegal activity, including cyberattacks and identity theft.

With your consent.  In some cases, we may specifically ask for your consent to collect, use or share your personal information, such as when required by law. 

How we share your personal information

We may share your personal information with the following parties and as otherwise described in this Privacy Policy or at the time of collection.

Affiliates.  Our affiliates and our corporate parents and subsidiaries, for purposes consistent with this Privacy Policy.

Service providers.  Third parties that provide services on our behalf or help us operate the Service or our business (such as transaction processing, hosting, information technology, customer support, email delivery, consumer research, marketing, and website analytics), including but not limited to:

We use Shopify to power our online store.  You can read more about how Shopify uses your personal information here: https://www.shopify.com/legal/privacy.

We use Google Analytics to help us understand how our customers use our website.  You can read more about how Google uses your personal information here: https://www.google.com/intl/en/policies/privacy.  You can also opt-out of Google Analytics here: https://tools.google.com/dlpage/gaoptout.

We are affiliated with CMI Marketing, Inc., d/b/a Raptive (“Raptive”) for the purposes of placing advertising for the Services, and Raptive will collect and use certain data for advertising purposes.  To learn more about Raptive’s data usage, please visit: https://raptive.com/creator-advertising-privacy-statement.

We will not share your opt-in to an SMS campaign with any third party for purposes unrelated to providing you with the services of that campaign.  We may share your personal data, including your SMS opt-in or consent status, with third parties that help us provide our messaging services, including but not limited to platform providers, phone companies, and any other vendors who assist us in the delivery of text messages.

Payment processors. Any payment card information you use to make a purchase on the Service is collected and processed directly by Shopify, who handles transaction and payment processing on our behalf.

Advertising partners.  Third-party advertising companies for the interest-based advertising purposes described above.

Business and marketing partners. Third parties with whom we co-sponsor events, with whom we jointly offer products or services, or whose products or services may be of interest to you.

Professional advisors.  Professional advisors, such as lawyers, auditors, bankers and insurers, where necessary in the course of the professional services that they render to us.

Authorities and others. Law enforcement, government authorities, and private parties, as we believe in good faith to be necessary or appropriate for the compliance and protection purposes described above.

Business transferees.  Acquirers and other relevant participants in business transactions (or negotiations of or due diligence for such transactions) involving a corporate divestiture, merger, consolidation, acquisition, reorganization, sale or other disposition of all or any portion of the business or assets of, or equity interests in, the Company, our parent (if any), our affiliates, or our subsidiaries (if any), (including in connection with a bankruptcy or similar proceedings).

Your choices

In this section, we describe the choices available to you.

Opt-out of marketing communications.  You may opt-out of marketing-related emails by following the opt-out or unsubscribe instructions at the bottom of the email, or by contacting us (see contact information below in the “How to contact us” section).  Please note that if you choose to opt-out of marketing-related emails, you may continue to receive service-related and other non-marketing emails.

Declining to provide information. We need to collect personal information to provide certain services.  If you do not provide the information we identify as required or mandatory, we may not be able to provide those services.

Advertising choices. You may be able to limit use of your information for interest-based advertising through the following settings/options/tools:

  • Browser settings.  Changing your internet web browser settings to block third-party cookies.
  • Privacy browsers/plug-ins. Using privacy browsers and/or ad-blocking browser plug-ins that let you block tracking technologies.
  • Platform settings. Google and Facebook offer opt-out features that let you opt-out of use of your information for interest-based advertising. You may be able to exercise that option at the following websites:
  • Google: https://adssettings.google.com/
  • Facebook: https://www.facebook.com/about/ads
  • Ad industry tools and ad merchants.  Opting out of interest-based ads from companies that participate in the following industry opt-out programs, or opt-out directly from the below ad merchants:
  • Mobile settings.  Using your mobile device settings to limit use of the advertising ID associated with your mobile device for interest-based advertising purposes.

You will need to apply these opt-out settings on each device and browser from which you wish to limit the use of your information for interest-based advertising purposes.  We cannot offer any assurances as to whether the companies we work with participate in the opt-out programs described above.

California Choices.  For additional choices applicable to California residents, see the “Notice to California residents” section of this policy.

Other sites and services

The Service may contain links to websites, mobile applications, and other online services operated by third parties.  In addition, our content may be integrated into web pages or other online services that are not associated with us.  These links and integrations are not an endorsement of, or representation that we are affiliated with, any third party.  We do not control websites, mobile applications or online services operated by third parties, and we are not responsible for their actions. We encourage you to read the privacy policies of the other websites, mobile applications and online services you use.

Security

We employ a number of technical, organizational and physical safeguards designed to protect the personal information we collect.  However, security risk is inherent in all internet and information technologies, and we cannot guarantee the security of your personal information.

International data transfer

We are headquartered in the United States and may use service providers that operate in other countries. Your personal information may be transferred within the United States or to other locations where privacy laws may not be as protective as those in your state, province, or country, including for purposes of transaction processing and fraud protection.

Children

The Service is not intended for use by anyone under 18 years of age. If you are a parent or guardian of a child from whom you believe we have collected personal information in a manner prohibited by law, please contact us.  If we learn that we have collected personal information through the Service from a child without the consent of the child’s parent or guardian as required by law, we will comply with applicable legal requirements to delete the information.

Changes to this Privacy Policy

We reserve the right to modify this Privacy Policy at any time. If we make material changes to this Privacy Policy, we will notify you by updating the date of this Privacy Policy and posting it on the Service or other appropriate means.  Any modifications to this Privacy Policy will be effective upon our posting the modified version (or as otherwise indicated at the time of posting). In all cases, your use of the Service after the effective date of any modified Privacy Policy indicates your acceptance of the modified Privacy Policy.

How to contact us

Notice to California residents

We are providing this supplemental privacy notice to California residents, pursuant to the California Consumer Privacy Act of 2018, as amended from time to time (“CCPA”).

The CCPA grants California residents the following rights:

  • Information. Our Privacy Policy describes how we use and share your personal information, including during the past 12 months. We describe the sources through which we collect personal information and the types of personal information collected in the “Personal information we collect” section above. We describe the purposes for which we use and share this information in the “How we use your personal information” section above and the ”How we share your personal information” section above.
  • Access. You can request a copy of the personal information that we maintain about you.
  • Deletion. You can ask to delete the personal information that we maintain about you.
  • Opt-out of the sale of your personal information. We do not “sell” personal information, as we understand sale to be defined by the CCPA and its implementing regulations. Like many companies, we use service that help deliver interest-based ads to you. You can limit the use of tracking technologies, such as cookies, by following instructions in the “Your choices” section above.

Please note that the CCPA limits these rights by, for example, prohibiting businesses from providing certain sensitive information in response to an access request and limiting the circumstances in which they must comply with a deletion request.

You are entitled to exercise the rights described above free from discrimination.

Here is how you can submit requests:

  • To request access to or deletion of personal information collected via our Services, please email us at privacy@epicgardening.com.
  • To learn how to limit tracking, please see the “Your choices” section above.
  • To verify your identity prior to responding to your requests, we may ask you to confirm information that we have on file about you or your interactions with us. Where we ask for additional personal information to verify your identity, we will only use it to verify your identity or your authority to make the request on behalf of another consumer.
  • Authorized agents. California residents can empower an “authorized agent” to submit requests on their behalf.

Notice to Nevada residents

If you are a resident of Nevada, you have the right to opt out of the sale of certain personal information to third parties who intend to license or sell that personal information.  You can exercise this right by contacting us at privacy@epicgardening.com with the subject line “Nevada Do Not Sell Request” and providing us with your name and the email address associated with your account. Please note that we do not sell your personal information as sales are defined in Nevada Revised Statutes Chapter 603A.  If you have any questions, please contact us as set forth in “How to contact us” section above.

Text messaging terms of service

Through our Services, you may opt-in to certain marketing to be delivered over text messages.  By opting-in, you agree to the terms of service found here: https://epic-gardening.myklpages.com/p/mobile-terms-of-service.  The link also provides certain important information relating to your ability to opt-out of the text messaging services at any time.