Privacy Policy

 

Last Updated on: August 17, 2023

PLEASE CAREFULLY READ THIS PRIVACY POLICY IN ITS ENTIRETY PRIOR TO VIEWING THIS SITE AND/OR USING OUR MOBILE APPLICATION.

 

DEFINITIONS

 

This website and any associated websites, including without limitation our social media pages (the “Site”), our mobile application “The Garden!” (our “App”) along with any Content contained in either are owned and operated by Garden Productions LLC (the “Company,” “we,” “us” or “our”).  

 

The term “you” shall refer to the viewer of this Site and/or user of our App.  

 

The term “Content” shall refer to any and all written, visual, video and/or audio information or material contained on the Site or App, including but not limited to all emails received from the Company, written material, blog posts, messages, graphics, memes, photos, images, videos, forms, documents, templates, workbooks, lessons, and the like.  

 

The term “personal information” may include but is not limited to: your name; mailing and email address; telephone number; social media account information; billing and payment information; user ID; and your communications sent to us.  

 

The term “non-personal information” may include but is not limited to: your Internet Protocol (“IP”) address; the time, date and length of your visit; traffic data; the referring website; browsing and navigation patterns; log files; approximate location; mobile application interactions; crash logs; diagnostics; and mobile application performance data. 

 

The term “information” may collectively refer to personal and non-personal information. 

 

ABOUT THIS POLICY

 

Welcome to our Site and App.  We respect the privacy rights of our online visitors and mobile application users and are committed to creating a safe and secure environment for learners of all ages. 

 

This Privacy Policy explains what information we gather when you view (or access) our Site or App, how we use that information, and what we do to protect it. It also will apply to any information we collect related to our products and/or services, social media platforms, marketing and business development activities, customer service, and communications. 

 

BY ACCESSING OR VIEWING OUR SITE OR DOWNLOADING AND USING OUR APP, YOU VOLUNTARILY AGREE TO BE LEGALLY BOUND BY OUR PRIVACY POLICY.  IF YOU DO NOT AGREE TO THIS PRIVACY POLICY, THEN EXIT OUR SITE AND/OR APP AND DO NOT ACCESS OR USE OUR SITE, APP, OR CONTENT. 

WHAT INFORMATION WE COLLECT AND USE

 

We collect personal and non-personal information when you access or view our Site and/or when a parent downloads and uses our App. 

 

1.    Personal Information You Provide To Us:

• Your interactions with us via the Site.  We collect personal information that you have provided to us voluntarily based on your activity on our Site, such as your name, contact details (mailing and email address), payment and billing information, user-generated comments/feedback, or other communication with us.  For example, you voluntarily provide us with your personal information when you subscribe to our newsletter/email list, purchase a product or service, or contact us with an inquiry.  We will use this information for the purpose for which it was provided, for analytics, advertising or marketing purposes, for fraud prevention and security, and legal compliance. 

• Your interactions with us via the App.

  • Information you provide about you, the parent. When you sign up for an account on our App, we collect your name, email address, password, payment and billing information, your comments/feedback, and/or other communication with us.  We will use this information for the purpose for which it was provided and for the App’s functionality, for fraud prevention and security, and legal compliance. 

  • Information you provide about your child.  During account registration, we ask you to provide the name and age of your child.  We recommend that you select a nickname or silly name for your child’s user name, and do not use your child’s real name for additional security purposes. We do not ask for or collect any additional personal information from your child. 

 

If you are browsing the Site or using the free version of our App, you are not required to provide personal information to do so. 

 

By voluntarily providing your personal information to us, however, you are providing consent for us to use, collect, and process said information. Please note that if you provide your personal information in a public setting, where said information is viewable by others, you acknowledge and accept that the Company is not responsible for others’ use of that information.  

 

2.    Non-Personal Information Collected

• Usage information we collect when you use the Site or App. We automatically collect non-personal information when you access our Site and/or download and use our App. This usage or non-personal information is collected using data collection technologies, including without limitation data technology known as “cookies” and/or “pixels.” We use this information to maintain and improve our Site, our App, and for advertising and marketing, fraud prevention, security and compliance, and to enhance your user experience. We will not use your IP address to personally identify you.

HOW WE USE THE INFORMATION WE COLLECT

 

We use the information that we collect to: 

• Operate, maintain, enhance, and provide all of the features of our Site and/or App;

• Personalize your experience while using the Site and/or App;

• Communicate with you and provide customer service; 

• Develop, support and improve our Site and/or App;

• Learn how you use and navigate within the Site and/or on our App;

• Conduct general business operations;

• Tailor our marketing efforts;

• Provide our products and services; 

• Enforce our Privacy Policy, Terms and Conditions and/or seek remedies/damages;

• Process your requests;

• Comply with legal requirements;

• Protect legal rights and prevent misuse; and 

• Detect any illegal or unauthorized activities. 

 

Overall, we use your personal information to manage our relationship with you and our business operations.  

 

WHO HAS ACCESS TO YOUR DATA

 

We care deeply about the privacy of our viewers and users.  We do not rent or sell your personal information to third parties for their own purposes without your consent.  We only share or disclose your personal information as needed to provide our services and/or products to you and in the following circumstances:

• Vendors  and Service Providers.  We may share information with our trusted vendors, third party service providers, and individuals to provide services or products for us or on our behalf, which may include: hosting service provider; email delivery; cloud service provider; a gateway/payment provider; a website analytics provider; and business administration or professional services (i.e. legal advisors, accountants). 

• Aggregate or de-identified information.  We may share information in aggregated and/or anonymous form that cannot reasonably be used to identify any individual. 

• Merger or Sale.  If we become involved in a merger, acquisition, bankruptcy, change of control, or any form of sale of some or all of our assets, your personal information may be transferred or disclosed in connection with the business transaction.  In such an event, we will make efforts to require the new owner to abide by the terms of this Privacy Policy or to provide notice before your information is transferred and becomes subject to a different privacy policy. 

• Other.  We may disclose information if we have a good faith belief that such disclosure is reasonably necessary to (i) satisfy any applicable law, regulation, legal process, or enforceable governmental request; (ii) enforce applicable terms of this Privacy Policy and/or Terms and Conditions, including the investigation of potential violations; (iii) detect, prevent, or otherwise address fraud, security or technical issues; (iv) protect the rights, property or personal safety of the Company, its users or the public; or (v) as required or permitted by law. 

 

OUR APPROACH TO DATA SECURITY & RETENTION

 

Data security is important to you, and to us. We use certain physical, managerial, and technical safeguards designed to preserve the integrity and security of your personal information and other information we maintain in connection with our Site and App. These safeguards are commercially responsible and accepted in the industry as a means to protect this information.  However, no security system is impenetrable, and we cannot guarantee the security of your personal information. In the event that any information under our control is compromised as a result of a breach of security, we will take reasonable steps to investigate the situation and will notify you of the security incident in accordance with applicable laws and regulations.

 

Should a data breach occur, we will promptly notify you within 10 business days of the known breach unless you reside in the United Kingdom and/or the European Union, which requires notices of a serious data breach within 72 hours after we become aware of said breach. 

 

As for retention, and unless and until we receive a deletion request from you, we will retain your information for as long as your account is active or as is reasonably useful for operational purposes. For example, we may retain certain data as necessary to prevent fraud or future abuse, for recordkeeping or other legitimate business purposes, or if required by law. We may also retain information which has been de-identified or aggregated such that it can no longer reasonably identify a particular individual. All retained personal information will remain subject to the terms of this Privacy Policy.

 

We may not be able to delete information in all instances, such as information retained in technical support logs and other business records. We may retain information which has been de-identified or disassociated with personal identifiers such that it can no longer be used to reasonably identify a particular individual.

 

HOW DO WE PROTECT CHILDREN’S PRIVACY?

 

Our Site and App are intended to be used by minors only with the consent, oversight, and under the control of their parents or legal guardians. An adult with a verified email address must download our App and create an account before permitting a child to use the paid subscription portion of our App. 

 

The following applies when a child uses the App with a parent’s consent and oversight:

 

• What information do we collect? We collect the user name and age of a child provided by the parent. We collect usage information when a child or parent uses the App, which we associate with the parent’s information. We do not collect other personal information from the child.

• How do we use this information? We use it to operate, personalize, maintain, enhance, and provide all of the features of our App. We do not use this information for marketing or advertising purposes.

• How do we share the child’s information? We share the information only with our service providers. We do not share the child’s information with third parties for their own purposes.

• How can a parent control the child’s information? The parent can change the child’s user name at any time in the App. A parent should contact us at the email below to permanently delete the child’s information from our systems.

 

If you believe we have inadvertently collected information from a child under 13 without consent from a parent or guardian, please contact us at the email below immediately so that we may delete the information as soon as possible.

 

Password Use & Protection. You, as the parent, are solely responsible for maintaining the confidentiality of your account’s login credentials (i.e. username and password).  Additionally, you are solely responsible for any activities, by you, your child, or others, that may occur through your account and accessed via your login credentials.  We are not liable for any unauthorized use of your account or security information or breaches of your account due to the unauthorized use of your login credentials.  We highly recommend that you log out of your account after each session ends to prevent unauthorized use or access.  You are not authorized to share your account or login credentials with anyone other than yourself so that others may not gain unauthorized access to the App via your account and/or login credentials. 

 

EMAIL COMMUNICATION AND ADVERTISING

 

Email Communications.  We will from time to time, send you emails that we think you may enjoy.  Once you’ve provided us with your personal information, then you will automatically be enrolled in our email list to receive free additional email messages from us. Only our Company will send you these emails.  You may choose not to receive these emails by clicking the unsubscribe link in any email. The opt-out list, also known as a suppression list, will be maintained for compliance purposes. 

 

Please note that you are not permitted to unsubscribe or opt-out of non-promotional messages regarding your account, such as account verification, changes or updates to features of the App and/or the Site, or technical or security notices.

 

Interest Based Advertising. We do not display any targeted advertising in “The Garden!” App. We do not permit third parties to collect information about your use of the App for the purpose of sending you targeted advertisements on other websites or applications. Although we are unable to recognize Do Not Track signals set by your browser in the App, we do not engage in activities which track our users across other websites or mobile apps over time.

 

However, outside of our App, we may engage in interest-based advertising to deliver online advertisements about our App, and may use third party advertising companies to serve targeted advertisements on other websites, apps or services, including on Facebook and other social networks. These advertisements are not based on the personal information we collect from you or on your activities on our App, though you may see one of these advertisements based on your activities on other Sites or services (for instance, if you type “learning mobile app” into an online search engine, you may see an advertisement for our App).

 

Google Analytics. We use Google Analytics to analyze the usage of our Site and/or App and the traffic to both.  It helps us understand how you use and interact with our Site and/or App. Google Analytics gathers this information about you and your use of our Site and/or App by the use of cookies (for more information please refer to the below section entitled “Cookies Policy”).  This information is then gathered as it relates to our Site and/or App and is used to create reports about users' interaction with our Site and/or App and to understand how traffic is driven to them both. Additional information about how Google uses data received from its partners, like us, is available at: https://www.google.com/policies/privacy/.

 

COOKIES POLICY

 

Some or all of the cookies or other technologies may be stored in your browser, mobile application, or device.  

 

Cookies are a small text file that is sent to your browser by a website that you visit.  It helps that website remember information about your visit, which makes the site more useful for you and easier to visit the website again.  Other technologies, such as unique identifiers are used to identify a browser, application or device, pixels, local information and can be used for this same purpose.  Cookies and other technologies do not usually contain information that can be used to personally identify a user, but the personal information that we store about you may be linked to information stored or obtained from cookies. 

 

We use cookies and other technologies for the following purposes:

• functionality - we use cookies and other technologies for functionality to allow you to access features that are fundamental to our products or services; 

• authentication – we use cookies to identify you when you visit our Site and/or App and as you browse and/or navigate our Site and/or App;

• active status – we use cookies to help us to determine if you are logged into our Site or App and/or to remember and process items in your cart, if applicable;

• security – we use cookies as a security protocol to protect your account, including preventing fraudulent use of login credentials, and to protect our Site, App, products and services generally;

• advertising – we use cookies to tailor our advertisements to be relevant to you; and

• analysis – we use cookies to help us to analyze the use and performance of our Site, App, products and services.

 

Please note that the blocking or disabling of certain cookies may have a negative impact on the functions or features of our Site and/or App.  That is, some features of our Site and/or App may not be available to you if you choose to block or disable certain cookies.

 

Managing Cookies in Your Browser. Most browsers allow you to manage how cookies are set and used as you’re browsing, and to clear cookies and browsing data. Also, your browser may have settings letting you manage cookies on a site-by-site basis. For example, Google Chrome’s settings at chrome://settings/cookies allow you to delete existing cookies, allow or block all cookies, and set cookie preferences for websites. Google Chrome also offers Incognito mode, which deletes your browsing history and clears cookies on your device after you close your Incognito windows.

 

Managing Other Technologies in Your Apps and Devices.  Most mobile devices and applications allow you to manage how other technologies, such as unique identifiers used to identify a browser, app or device, are set and used. For example, the Advertising ID on Android devices or Apple’s Advertising Identifier can be managed in your device’s settings, while app-specific identifiers may typically be managed in the app’s settings.

 

HOW TO ACCESS, UPDATE OR DELETE YOUR PERSONAL INFORMATION

 

If you want to see if we have your personal information and what we have about you, if you want to rectify or update your information, or if you want us to delete your personal information, please contact us at the email below.  Note, we reserve the right to refuse your request should we believe the requested changes to be false, incorrect or fraudulent in nature. 

 

As previously stated, if you want to unsubscribe from our email list, simply click on the unsubscribe button on the bottom of our emails and follow the instructions.  Please note that if you have subscribed to more than one list, then you will need to unsubscribe from each and your opting out may not guarantee that you have been removed from each list.  If you experience any issues unsubscribing, please contact us for prompt removal at the email below.

 

TERRITORIES

 

Our computer systems, Site, and App are operated, hosted, and managed on servers based in the United States of America (“U.S.”).  If you choose to use our Site and/or App from a location outside of the U.S., then you acknowledge and agree that we will transfer your information to the U.S. for any and all lawful purposes.  Please note that data protection and privacy regulations may or may not be equal to the level of protection as in other areas throughout the world, such as in Canada, the European Union or the European Economic Area, the United Kingdom, amongst others. 

 

By visiting the Site and/or the App, you unequivocally agree to us collecting and processing your personal and non-personal information in the U.S., the transfer, processing and storage of your personal and non-personal information from your jurisdiction to the U.S., and that only U.S. laws will govern such collection and processing.  

 

Depending on where you reside, however, you may be entitled to additional rights as follows:

 

GENERAL DATA PROTECTION REGULATION (“GDPR”)

 

If you live in the European Union (“EU”) or the European Economic Area (“EEA”), then your personal information may fall under the GDPR.

 

We will only process and/or collect your personal information as follows:

• Consent: you will NOT be automatically enrolled in our email list to receive messages and/or newsletters unless you affirmatively consent to the same.  You can also opt out of any data collection technology by activating the “Do Not Track” setting in your browser and/or declining the cookies feature and unsubscribing from our emails; 

• Retention: we will not keep your personal information for any longer than is necessary.  You have the right to access, update or delete your personal information from our records and can contact us at the email below;

• Date breaches:  we will notify you of any data breaches within 72 hours;

• Legitimate interests: we will only process your personal information to engage in legitimate business interests, such as entering into a contract with us or for the performance and/or enforcement of a contract, communicating with you, providing our products and/or services to you and your interaction with our Site. 

 

If you have concerns, questions or requests about how we process personal data, write to us at the email address below. If we are not able to adequately address your concerns, you can address them to the data protection Supervisory Authority in your country, pursuant to Article 77 GDPR.

 

UNITED KINGDOM’S GDPR (“UK GDPR”)

 

If you live in the UK, then your personal information may fall under the UK GDPR and the Data Protection Act of 2018 (“DPA 2018”).  

 

The DPA 2018 sets out the personal information data protection framework for UK residents and replaces the Data Protection Act of 1998, coming into effect on May 25, 2018.  Note, it was amended on January 1, 2021 to reflect the UK’s status as outside of the EU. It supplements the UK GDPR, by providing exemptions, extending data protection to national security and defense and sets out the Information Commissioner’s powers/functions.   

 

The UK GDPR is a UK law that became effective on January 1, 2021.  It is based on the EU/EEA GDPR, which used to apply to the UK before January 1, 2021, with some changes.  

 

If your personal information was collected before January 1, 2021 (referred to as “legacy date”), then it will still be subject to the EU/EEA GDPR as of December 31, 2020 (aka “frozen GDPR”).  As of now, no significant changes exist between the frozen GDPR and UK GDPR and, thus, please refer to the above section entitled “GENERAL DATA PROTECTION REGULATION (“GDPR”) for your additional rights prior to January 1, 2021. 

 

We will only process and/or collect your personal information as follows:

• Consent: you will NOT be automatically enrolled in our email list to receive messages and/or newsletters unless you affirmatively consent to the same.  You can also opt out of any data collection technology by activating the “Do Not Track” setting in your browser and/or declining the cookies feature and unsubscribing from our emails; 

• Retention: we will not keep your personal information for any longer than is necessary.  You have the right to access, update or delete your personal information from our records and can contact us;

• Date breaches: we will notify you of any data breaches within 72 hours;

• Legitimate interests: we will only process your personal information to engage in legitimate business interests, such as entering into a contract with us or for the performance and/or enforcement of a contract, communicating with you, providing our products and/or services to you and your interaction with our Site. 

 

If you have concerns, questions or requests about how we process personal data, write to us at the email address below. If we are not able to adequately address your concerns, you can address them to the data protection Commissioner in your country.

 

BRAZIL’S LGPD (“BRAZIL’S GDPR”)

 

If you live in Brazil, then your personal information may fall under Brazil’s LGPD (Lei Geral de Protecao de Dados Pessoais - often referred to as “Brazil’s GDPR”).  Brazil’s GDPR was signed into law and has been effective since September 18, 2020.  The laws are drafted and based on the EU/EEA’s and UK’s GDPR.  

 

We will only process and/or collect your personal information as follows:

• Consent: you will NOT be automatically enrolled in our email list to receive messages and/or newsletters unless you affirmatively consent to the same.  You can also opt out of any data collection technology by activating the “Do Not Track” setting in your browser and/or declining the cookies feature and unsubscribing from our emails; 

• Retention: we will not keep your personal information for any longer than is necessary.  You have the right to access, update or delete your personal information from our records and can contact us;

• Date breaches: we will notify you of any data breaches within a reasonable time;

• Legitimate interests: we will only process your personal information to engage in legitimate business interests, such as entering into a contract with us or for the performance and/or enforcement of a contract, communicating with you, providing our products and/or services to you and your interaction with our Site. 

 

If you have concerns, questions or requests about how we process personal data, write to us at the email address below. If we are not able to adequately address your concerns, you can address them to the Data Protection Officer in your country.

 

CALIFORNIA RESIDENTS

 

If you reside in California, your personal information entitles you to additional rights and may be governed under the California Online Privacy Protection Act (CalOPPA”) and the California Consumer Privacy Act (“CCPA”). 

 

CalOPPA: A “Do Not Track” (“DNT”) is a setting that can be activated on certain browsers to block behavioral tracking from third-party services, such as Google Adwords.  Your browser may allow you to automatically transmit a DNT signal to websites that you visit.  Please note, there is no consensus in the industry as to what constitutes a DNT.  Currently, we do not alter our practices if it receives a DNT signal from your and/or a visitor’s browser.

 

CCPA: You have the right to request what we have regarding your personal information and of which has been collected over the last 12 months from the date of your formal request.  Upon receipt, we will disclose: 

• The categories of personal information we collected about you;

• The categories of sources for the personal information we collected about you;

• Our business and commercial purposes for collecting that information;

• The categories of third-parties with whom we shared your personal information; 

• The categories of personal information disclosed for a business purpose in the preceding 12 months; and

• The specific pieces of personal information we collected about you.

 

You also have a right to request that we delete this same information, subject to certain exceptions.  Please contact us at the email address below for such a request. 

 

VIRGINIA RESIDENTS

 

If you reside in Virginia, your personal information entitles you to additional rights and may be governed under the Virginia Consumer Data Protection Act (VCDPA).  

 

Virginia residents have the right to request access, correction, deletion, and sale-opt-out of their personal data. You can exercise these rights by contacting us at the email address below with your request or any questions you may have. We will respond within 45 days.

 

We will not sell your personal data without your consent. We will only share your personal data with third parties who are necessary to provide our services to you. We will take all reasonable steps to protect the privacy and security of your personal data.

 

CAN-SPAM ACT OF 2003 COMPLIANCE

 

In compliance with the CAN-SPAM Act of 2003, all unsolicited commercial emails from the Company will clearly state the sender of the email, a legitimate physical address of the Company, a relevant subject line, that the email is an advertisement or a marketing solicitation and will include a visible and operable unsubscribe mechanism below the message to be honored within 10 business days.

 

CHANGES TO THE PRIVACY POLICY

 

We reserve the right, in our sole discretion, to change, modify, revise, amend, or otherwise alter in any way this Privacy Policy, our Site, App, and/or its Content at any time without notice to you.  Should any such changes or revisions occur, the most recent version will be posted on the Site, and will become effective immediately.  By using the Site, App, or Content after the date posted above, you are deemed to have consented to the revised/updated Privacy Policy.  

 

INCORPORATION OF TERMS AND CONDITIONS

 

Our Terms and Conditions apply to this Privacy Policy, and is incorporated herein as terms. 

 

CONTACTING US:

 

If you have any questions about this Privacy Policy, your rights, the practices of this Site, our App, or would like to update/remove your personal information, please contact us as follows: 

• By mail: Garden Productions LLC 

  23962 Craftsman Road 

               Calabasas, California 91302

• By emailing us directly at: support@gardencartoon.com