PRIVACY POLICY

Last updated September 1, 2020

Supplemental Privacy Notice For Nevada Residents

Supplemental Privacy Notice For California Residents

Succulents and Sunshine, LLC (“we” or “us” or “our”) respects the privacy of our users (“user” or “you”). This Privacy Policy explains how we collect, use, disclose, and safeguard your information when you visit our mobile application “Succulents and Sunshine” (“Application”), our website succulentsandsunshine.com (“Site”) or any other media form, media channel, mobile website, or mobile application related or connected thereto (collectively, the “Platform”). Please read this Privacy Policy carefully.

IF YOU DO NOT AGREE WITH THE TERMS OF THIS PRIVACY POLICY, PLEASE DO NOT ACCESS THE PLATFORM.

We reserve the right to make changes to this Privacy Policy at any time and for any reason. We will alert you about any changes by updating the “Last updated” date of this Privacy Policy. Any changes or modifications will be effective immediately upon posting the updated Privacy Policy on the Platform, and you waive the right to receive specific notice of each such change or modification. You are encouraged to periodically review this Privacy Policy to stay informed of updates. You will be deemed to have been made aware of, will be subject to, and will be deemed to have accepted the changes in any revised Privacy Policy by your continued use of the Application, Website, or Platform after the date such revised Privacy Policy is posted.

COLLECTION OF YOUR INFORMATION

We may collect information about you in a variety of ways. The information we may collect on the Platform includes:

Personal Data

Personally identifiable information, such as your name, address, email address, and telephone number, and demographic information, such as your age, gender, hometown, and interests, that you voluntarily give to us when you choose to participate in various activities related to the Platform, such as registration, user feedback, giveaways, surveys, and reviews. You are under no obligation to provide us with personal information of any kind, however your refusal to do so may prevent you from using certain features of the Platform.

For a better experience while using the Platform we collect information about the devices where you install or access the Platform, depending on the permissions you have granted which may include, but are not limited to, operating system, hardware version, device settings, file and software names and types, battery and signal strength, device identifiers, advertisement identifiers, connection information such as the name of your mobile operator or ISP, language and time zone. To access some features of the Platform, you may be required to connect to a third-party account within the Platform (i.e., Google, Facebook, Apple, Twitter). If you do not grant access you will not have the ability to use some of the features on the Platform.

Derivative Data

Information our servers may automatically collect when you access the Platform, such as your IP address, your browser type, your operating system, mobile device information, location, your access times, and the pages you have viewed directly before and after accessing the Website.

USE OF YOUR INFORMATION

Having accurate information about you permits us to provide you with a smooth, efficient, and customized experience. Specifically, we may use information collected about you via the Platform to:

  • Facilitate proper use of the Platform
  • Provide access to the Platform
  • Perform the Platform-related operations
  • Assist us in analyzing how the Platform is used
  • Compile anonymous statistical data and analysis for use internally or with third parties
  • Deliver targeted advertising
  • Provide you with push notifications
  • Increase the efficiency and operation of the Platform
  • Monitor and analyze usage and trends to improve your experience
  • Notify you of updates to the Platform
  • Offer new products, services, and/or recommendations to you
  • Perform other business activities as needed
  • Request feedback and contact you about your use of the Platform
  • Resolve disputes and troubleshoot problems

DISCLOSURE OF YOUR INFORMATION

We may share information we have collected about you in certain situations. Your information may be disclosed as follows:

By Law or to Protect Rights

If we believe the release of information about you is necessary to respond to legal process, to investigate or remedy potential violations of our policies, or to protect the rights, property, and safety of others, we may share your information as permitted or required by any applicable law, rule, or regulation. This includes exchanging information with other entities for fraud protection and privacy risk reduction.

Third-Party Service Providers

We may share your information with third parties that perform services for us or on our behalf, including video access, data analysis, hosting services, customer service, and marketing assistance.

Marketing Communications

With your consent, or with an opportunity for you to withdraw consent, we may share your information with third parties for marketing purposes, as permitted by law.

Online Postings

If you post any public content to the Platform, such content may be viewed by all users and may be publicly distributed outside the Platform in perpetuity.

Third-Party Advertisers

We use a third party advertising company to serve ads when you visit the Platform. This company may use information about your visits to the Platform and other websites that are contained in web cookies to provide advertisements about goods and services of interest to you.

Business Partners

We may share your information with our business partners to offer you certain products, services, or promotions you may enjoy.

Other Third Parties

We may share your information with advertisers and investors for the purpose of conducting general business analysis. We may also share your information with such third parties for marketing purposes, as permitted by law.

Sale or Bankruptcy

If we reorganize or sell all or a portion of our assets, undergo a merger, or are acquired by another entity, we may transfer your information to the successor entity. If we go out of business or enter bankruptcy, your information would be an asset transferred or acquired by a third party. You acknowledge that such transfers may occur and that the transferee may decline to honor commitments we made in this Privacy Policy.

We are not responsible for the actions of third parties with whom you share personal or sensitive data, and we have no authority to manage or control third-party solicitations. If you no longer wish to receive correspondence, emails or other communications from third parties, you are responsible for contacting the third party directly.

TRACKING TECHNOLOGIES

Cookies, Web Beacons, and Tracking Pixels

We use web beacons, tracking pixels, and other tracking technologies on the Platform to help customize the Platform and improve your experience. When you access the Platform, your personal information is collected through the use of tracking technology. You may not decline web beacons

Internet-Based Advertising

We use third-party software from AdThrive to serve ads on the Site. This third-party software may use cookies or similar tracking technology to help manage and optimize your online experience with us. For more information about opting out of internet-based ads, visit the third-party network, opt-out at the Network Advertising Initiative, or review Digital Advertising Alliance Opt-Out Tool.

This Site is affiliated with CMI Marketing, Inc., d/b/a CafeMedia (“CafeMedia”) for the purposes of placing advertising on the Site, and CafeMedia will collect and use certain data for advertising purposes. To learn more about CafeMedia’s data usage, click here: www.cafemedia.com/publisher-advertising-privacy-policy

Website Analytics

We also partner with selected third-party vendors, such as Google Analytics, to allow tracking technologies and remarketing services on the Platform, to, among other things, analyze and track users’ use of the Platform, determine the popularity of certain content and better understand online activity. By accessing the Platform, you consent to the collection and use of your information by these third-party vendors. You are encouraged to review their privacy policies and contact them directly for responses to your questions. We do not transfer personal information to these third-party vendors. However, if you do not want any information to be collected and used by tracking technologies, you can visit the third-party vendor, opt-out at the Network Advertising Initiative, or review Digital Advertising Alliance Opt-Out Tool.

In addition, you may access additional controls and opt out of IDFA tracking within the iOS Settings app.
You should be aware that getting a new device, or erasing or otherwise altering your setting or files may also clear certain opt-out settings.

THIRD-PARTY WEBSITES

The Platform contains links to third-party websites and applications of interest, including advertisements and external services, that are not affiliated with us. Once you have used these links to leave the Platform, any information you provide to these third parties is not covered by this Privacy Policy, and we cannot guarantee the safety and privacy of your information. Before visiting and providing any information to any third-party websites, you should inform yourself of the privacy policies and practices (if any) of the third party responsible for that website, and should take those steps necessary to, in your discretion, protect the privacy of your information. We are not responsible for the content or privacy and security practices and policies of any third parties, including other sites, services or applications that may be linked to or from the Platform.

SECURITY OF YOUR INFORMATION

We use administrative, technical, and physical security measures to help protect your personal information. While we have taken reasonable steps to secure the personal information you provide to us, please be aware that despite our efforts, no security measures are perfect or impenetrable, and no method of data transmission can be guaranteed against any interception or other type of misuse. Any information disclosed online is vulnerable to interception and misuse by unauthorized parties. Therefore, we cannot guarantee complete security if you provide personal information.

RIGHTS RELATED TO YOUR PERSONAL INFORMATION

The General Data Protection Regulation or “GDPR” gives certain rights to individuals in relation to their personal data. In addition, we offer transparency and access controls to help users take advantage of those rights. As available and except as limited under applicable law, the rights afforded to individuals are:

  • Right of access – the right to be informed of, and request access to, the personal data we process about you;
  • Right to rectification – the right to request that we amend or update your personal data where it is inaccurate or incomplete;
  • Right to erasure – the right to request that we delete your personal data;
  • Right to restrict – the right to request that we temporarily or permanently stop processing all or some of your personal data;
  • Right to object – 
    • the right, at any time, to object to us processing your personal data on grounds relating to your particular situation;
    • the right to object to your personal data being processed for direct marketing purposes;
  • Right to data portability – the right to request a copy of your personal data in electronic format and the right to transmit that personal data for use in another party’s service; and
  • Right not to be subject to automated decision-making – the right to not be subject to a decision based solely on automated decision making, including profiling, where the decision would have a legal effect on you or produce a similarly significant effect.

You may also contact us at [email protected] and inform us of your desire to exercise your rights. We will reply with further instructions to verify your identity and provide details regarding the process. Please note that we may need to retain certain information for recordkeeping purposes or to complete transactions, or when required by law.

SENSITIVE PERSONAL INFORMATION

At no time should you submit sensitive personal information to the Platform. This includes your social security number, bank information, or other sensitive personal information. If you elect to submit such information to us, it will be subject to this Privacy Policy.

POLICY FOR CHILDREN

The Platform is designed for those 13 years of age or older. We do not knowingly collect any personally identifiable information from anyone under the age of 13. We do not knowingly solicit information from or market to children under the age of 13. If you become aware of any data we have collected from children under age 13, please contact us at [email protected]

CONTROLS FOR DO-NOT-TRACK FEATURES

Some mobile operating systems include a Do-Not-Track (“DNT”) feature or setting you can activate to signal your privacy preference not to have data about your online browsing activities monitored and collected. No uniform technology standard for recognizing and implementing DNT signals has been finalized. As such, we do not currently respond to DNT browser signals or any other mechanism that automatically communicates your choice not to be tracked online. If a standard for online tracking is adopted that we must follow in the future, we will inform you about that practice in a revised version of this Privacy Policy.

CALIFORNIA PRIVACY RIGHTS

California Civil Code Section 1798.83, also known as the “Shine The Light” law, permits our users who are California residents to request and obtain from us, once a year and free of charge, information about categories of personal information (if any) we disclosed to third parties for direct marketing purposes and the names and addresses of all third parties with which we shared personal information in the immediately preceding calendar year. If you are a California resident and would like to make such a request, please submit your request in writing to us using the contact information provided below.

If you are under 18 years of age, reside in California, and have provided your personal information with the Platform, you have the right to request removal of unwanted data that you publicly post on the Platform. To request removal of such data, please contact us using the contact information provided below, and include sufficient detail about the public post(s) and a statement that you reside in California. We will make sure the data is not publicly displayed on the Platform, but please be aware that the data may not be completely or comprehensively removed from our systems, nor can we guarantee any cached or archived version of the Platform will remove such data.

The California Consumer Privacy Act (CCPA), enacted in 2018, creates new consumer rights relating to the access to, deletion of, and sharing of personal information that is collected by businesses. While we do not sell your information to any third party, we may partner with third-party service providers and affiliate partners who may gain access to your information through the use of beacons, tracking pixels, or cookies as provided in this Privacy Policy. If you are a California resident, California law may provide you with additional rights regarding our use of your personal information. To learn more about your California privacy rights, visit our Supplementary Privacy Notice for California Residents.

CONTACT US

If you have questions or comments about this Privacy Policy, please contact us at [email protected]

OTHER DISCLOSURES AND POLICIES

Terms of Use

SUPPLEMENTAL PRIVACY NOTICE FOR NEVADA RESIDENTS

Effective September 1, 2020

This Supplemental Privacy Notice for Nevada Residents supplements the information contained in the Succulents and Sunshine, LLC (“we” or “us” or “our”) Privacy Policy and applies solely to all visitors, users, and others who reside in the State of Nevada (”consumers” or “you”).

Personal Information Collection and Purposes of Use

We collect certain personal information of Nevada consumers through our Internet website or other online service. This information includes one or more of the following elements of personally identifiable information:

  1. A first and last name.
  2. A home or other physical address that includes the name of a street and the name of a city or town.
  3. An electronic mail address.
  4. A telephone number.
  5. An identifier that allows a specific person to be contacted either physically or online.
  6. Any other information concerning a person collected from the person through the Internet website or online service of the operator, and maintained by the operator in combination with an identifier in a form that makes the information personally identifiable.

We collect this personal information for the following purposes:

  • to respond to your inquiries and to fulfill your requests;
  • to send you important information regarding our relationship with you or regarding the Site and Platform, changes to our terms, conditions, and policies and/or other administrative information;
  • for audits, to verify that our internal processes function as intended and are compliant with legal, regulatory, or contractual requirements;
  • for fraud or crime prevention, and for technical security monitoring purposes;
  • to facilitate the development of new products and services;
  • to enhance, improve, or modify the Site, Platform, or products and services;
  • for data analysis that will allow us to understand website usage trends;
  • to determine the effectiveness of our promotional campaigns, so that we can adapt our campaigns to the needs and interests of our users.
  • to better understand you, so that we can personalize our interactions with you and provide you with information and/or offers tailored to your interests.

Your Privacy Rights

Right to access and/or correct your personal information, or opt out of sale of personal information

If you would like to review, correct, or update your personal information, you or your authorized representative may submit a verifiable consumer request to us at [email protected]ine.com.

We will respond to your verified request as soon as reasonably practicable, but no later than sixty (60) days after receipt. If circumstances cause any delay in our response, you will be promptly notified and provided a date for our response.

We generally do not disclose or share personal information for profit. Under Nevada law, you have the right to direct us to not sell or license your personal information to third parties. To exercise this right, if applicable, you or your authorized representative may submit a verifiable consumer request to us at [email protected]

Contact Us

You can contact us with questions about this Supplemental Privacy Notice for Nevada Residents or to exercise your rights at [email protected]

SUPPLEMENTAL PRIVACY NOTICE FOR CALIFORNIA RESIDENTS

Effective September 1, 2020

This Supplemental Privacy Notice for California Residents supplements the information contained in the Succulents and Sunshine, LLC (“we” or “us” or “our”) Privacy Policy and applies solely to all visitors, users, and others who reside in the State of California (“consumers” or “you”). We adopt this notice to comply with the California Consumer Privacy Act of 2018 (CCPA) and any terms defined in the CCPA have the same meaning when used in this notice.

Information We Collect

Our Site and Platform collects information that identifies, relates to, describes, references, is capable of being associated with, or could reasonably be linked, directly or indirectly, with a particular consumer or device (”Personal Information”). In particular, we have collected (or not collected, if indicated below) the following categories of personal information from its consumers within the last twelve (12) months:

Category Examples Collected
A. Identifiers. A real name, postal address, unique personal identifier, online identifier, Internet Protocol address, email address, account name, or other similar identifiers. YES
B. Personal information categories listed in the California Customer Records statute (Cal. Civ. Code § 1798.80(e)). A name, signature, address, telephone number, education, employment, employment history, credit card number, debit card number, or any other methods of payment for our products, or medical information.
Some personal information included in this category may overlap with other categories.
YES
C. Protected classification characteristics under California or federal law. Age (40 years or older), medical condition, physical or mental disability, sex (including gender, gender identity, gender expression, pregnancy or childbirth and related medical conditions), veteran or military status. These categories are ONLY collected in very limited circumstances where directly provided by the consumer voluntarily and knowingly. NO
D. Commercial information. Records of products or services purchased, obtained, or considered. YES
E. Biometric information. Genetic, physiological, behavioral, and biological characteristics, or activity patterns used to extract a template or other identifier or identifying information, such as, fingerprints, faceprints, and voiceprints, iris or retina scans, keystroke, gait, or other physical patterns, and sleep, health, or exercise data. NO
F. Internet or other similar network activity. Browsing history, search history, information on a consumer’s interaction with a website, application, or advertisement. YES
G. Geolocation data. Physical location or movements. YES
H. Sensory data. Audio, electronic, visual, thermal, olfactory, or similar information. NO
I. Professional or employment-related information. Current or past job history or performance evaluations. NO
J. Non-public education information (per the Family Educational Rights and Privacy Act (20 U.S.C. Section 1232g, 34 C.F.R. Part 99)). Education records directly related to a student maintained by an educational institution or party acting on its behalf, such as grades, transcripts, class lists, student schedules, student identification codes, student financial information, or student disciplinary records. NO
K. Inferences drawn from other personal information. Profile reflecting a person’s preferences, characteristics, psychological trends, predispositions, behavior, attitudes, intelligence, abilities, and aptitudes. YES

We obtain the categories of personal information listed above from the following categories of sources:

  • Direct interactions. You may give us your information by filling in forms or by corresponding with us by email. This includes, but may not be limited to, personal data you provide when you:
    • Create an account on our Site or Platform;
    • Interact with the Site or Platform such as listening and accessing; 
    • Log in using an authentication partner (i.e., Google); 
    • Click on an advertisement; or
    • Provide information by email.
  • Automated technologies or interactions. As you interact with our Site or Platform, we may automatically collect data about your equipment, browsing actions and patterns. We collect this personal data by using cookies and other similar technologies. We may also receive technical information about you if you visit other websites employing tracking technologies.
  • Third parties or publicly available sources. We may receive personal data about you from various third parties and public sources as set out below:
    • Technical data from the following parties:
      • (a) Analytics providers;
      • (b) Advertising networks.
    • Data from publicly available sources such as internet search engines based inside and outside the United States.

Use of Personal Information
We may use and/or disclose the personal information we collect for one or more of the following business purposes:

  • To register you as a new subscriber
  • To manage our relationship with you which may include:
    (a) Notifying you about changes to our terms or privacy policy
    (b) Asking you to leave a review or take a survey

(c) Sending you the newsletter to which you subscribed

  • To administer and protect our business and the Site and Platform (including troubleshooting, data analysis, testing, system maintenance, support, reporting, and hosting of data)
  • To deliver relevant Site and Platform content and advertisements to you and measure or understand the effectiveness of the advertising we serve to you
  • To use data analytics to improve our Site and Platform, products/services, marketing, customer relationships, and experiences
  • To make suggestions and recommendations to you about goods or services that may be of interest to you

We will not collect additional categories of personal information or use the personal information we collected for materially different, unrelated, or incompatible purposes without providing you notice.

Sharing Personal Information

We may disclose your personal information to a third party for a business purpose. When we disclose personal information for a business purpose, we require that the recipient both keep that personal information confidential and not use it for any purpose except performing the contract.

We disclose your personal information for a business purpose with the following categories of third parties:

  • Entities owned in whole or in part by Succulents and Sunshine, LLC
  • Professional advisers including lawyers, bankers, auditors, and insurers who provide professional services
  • Regulators and other authorities who require reporting of processing activities in certain circumstance
  • Service providers
  • Other individuals, services, and partners at your request
  • Contests and promotions partners
  • Advertisers, ad networks and advertising partners
  • Social media networks
  • Entities for legal purposes

Sales of Personal Information

In the preceding twelve (12) months, we have not sold any categories of personal information (for both minors and non-minors). We do not sell personal information to third parties. While we do not sell your information to any third party in the traditional sense of the word ‘sell’, the definition of ‘sell’ provided in the CCPA is much more broad so we are providing notice that we may partner with third-party service providers and affiliate partners who may gain access to your personal information through the use of beacons, tracking pixels, or cookies.

California Information & Deletion Rights

If you are a California resident, the CCPA allows you to make certain requests about your personal information. Specifically, the CCPA allows you to request us to:

  • Inform you about the categories of personal information we collect or disclose about you; the categories of sources of such information, the business or commercial purpose for collecting your personal information, and the categories of third parties with whom we share/disclose personal information;
  • Provide access to and/or a copy of certain personal information we hold about you;
  • Delete certain personal information we have about you; and
  • Provide you with information about the financial incentives that we offer to you, if any.

Please note that certain information may be exempt from such requests under California law. For example, we need certain information in order to provide the Site and Platform to you.

Verification: We will take reasonable steps to verify your identity before responding to a request, which may include, at a minimum, depending on the sensitivity of the information you are requesting and the type of request you are making, verifying your name, e-mail address, and physical address.

You are also permitted to designate an authorized agent to submit certain requests on your behalf. In order for an authorized agent to be verified, you must provide the authorized agent with signed, written permission to make such requests or a power of attorney. We may also follow up with you to verify your identity before processing the authorized agent’s request.

Deletion Request Right

You have the right to request that we delete any of your personal information that we collected from you and retained, subject to certain exceptions. Once we receive and confirm your verifiable consumer request, we will delete (and direct our service providers to delete) your personal information from our records, unless an exception applies.

We may deny your deletion request if retaining the information is necessary for us or our service provider(s) to:

  • Complete the transaction for which we collected the personal information, provide a good or service that you requested, take actions reasonably anticipated within the context of our ongoing business relationship with you, or otherwise perform our contract with you.
  • Detect security incidents, protect against malicious, deceptive, fraudulent, or illegal activity, or prosecute those responsible for such activities.
  • Debug products to identify and repair errors that impair existing intended functionality.
  • Exercise free speech, ensure the right of another consumer to exercise their free speech rights, or exercise another right provided for by law.
  • Comply with the California Electronic Communications Privacy Act (Cal. Penal Code § 1546 et. seq.).
  • Enable solely internal uses that are reasonably aligned with consumer expectations based on your relationship with us.
  • Comply with a legal obligation.
  • Make other internal and lawful uses of that information that are compatible with the context in which you provided it.

Exercising Access, Data Portability, and Deletion Rights

To exercise the access, data portability, and deletion rights described above, please submit a verifiable consumer request to us at [email protected]

Only you, or a person registered with the California Secretary of State that you authorize to act on your behalf, may make a verifiable consumer request related to your personal information. You may also make a verifiable consumer request on behalf of your minor child.

You may only make a verifiable consumer request for access or data portability twice within a 12-month period. The verifiable consumer request must:

  • Provide sufficient information that allows us to reasonably verify you are the person about whom we collected personal information or an authorized representative.
  • Describe your request with sufficient detail that allows us to properly understand, evaluate, and respond to it.

We cannot respond to your request or provide you with personal information if we cannot verify your identity or authority to make the request and confirm the personal information relates to you.

We will only use personal information provided in a verifiable consumer request to verify the requestor’s identity or authority to make the request.

Response Timing and Format

We endeavor to respond to a verifiable consumer request within forty-five (45) days of its receipt. If we require more time (up to 90 days), we will inform you of the reason and extension period in writing. We will deliver our written response electronically using the email address you provide in your request.

Any disclosures we provide will only cover the 12-month period preceding the verifiable consumer request’s receipt. The response we provide will also explain the reasons we cannot comply with a request, if applicable. For data portability requests, we will select a format to provide your personal information that is readily useable and should allow you to transmit the information from one entity to another entity without hindrance.

We do not charge a fee to process or respond to your verifiable consumer request unless it is excessive, repetitive, or manifestly unfounded. If we determine that the request warrants a fee, we will tell you why we made that decision and provide you with a cost estimate before completing your request.

Non-Discrimination

We will not discriminate against you for exercising any of your CCPA rights. Unless permitted by the CCPA, we will not:

  • Deny you goods or services.
  • Provide you a different level or quality of goods or services.
  • Suggest that you may receive different goods or services or a different level or quality of goods or services.

Contact Information

If you have any questions or comments about this notice, the ways in which we collect and use your information described in this privacy policy, your choices and rights regarding such use, or wish to exercise your rights under California law, please contact us at [email protected]