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* Shop
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* Gardyn Home Kit 3.0
* Compare Gardyn Home Kit Models
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GARDYN PRIVACY POLICY

EFFECTIVE DATE OF CURRENT POLICY: SEPTEMBER 1, 2019

1. PURPOSE

Welcome to our Privacy Policy! Gardyn, Inc. together with our affiliates (
“Gardyn”, “we”, or “us”) have adopted this Privacy Policy to let you know how we
treat the information that we collect from you online and offline, the kinds of
information we may collect, how that information is used, with whom we share it
and how you can opt-out of a use or correct or change such information. This
Privacy Policy supplements and forms a part of the Gardyn Terms of Service (the
“Terms”). Capitalized terms not defined in Section 14 or otherwise in this
Privacy Policy have the meaning given to them in the Terms.

2. SCOPE

This Privacy Policy applies to Personal Information that is Processed by Gardyn
in the course of our business, including via the Gardyn Site and through our
Apps, forums, social media accounts, blogs, and other online or offline
offerings (together with any and all future online and offline offerings
operated by or on behalf of Gardyn, the “Services”). All individuals whose
responsibilities include the Processing of Personal Information on behalf of
Gardyn are expected to protect that data by adherence to this Privacy Policy.

3.1. TRANSPARENCY/NOTICE—TYPES OF PERSONAL INFORMATION WE COLLECT AND HOW WE
USE IT

The types of Personal Information we may collect (directly from you or from
Third-Party sources) and our privacy practices depend on the nature of the
relationship you have with Gardyn and the requirements of applicable law. Some
of the ways that Gardyn may collect Personal Information include: You may
provide Personal Information directly to Gardyn through interacting with the
Services (including when you use the Gardyn Device(s) or via our subscription
services), participating in surveys, during events such as promotions or
sweepstakes, and requesting Services or information. As you navigate the
Services, certain passive information may also be collected about your visit,
including through cookies and similar technologies as described below. It is our
goal to collect only that information which is relevant for the purposes of
Processing. Below are the ways we collect Personal Information and how we use
it.

3.2 TYPES OF PERSONAL INFORMATION WE COLLECT

Gardyn collects Personal Information from its current, prospective, and former
clients, customers, users, visitors, guests and Employees (collectively
“Individuals”). Information You Provide Directly to Us. When you use the
Services, contact us directly, or engage in certain activities, such as
registering for an account with Gardyn, purchasing Gardyn products or Services
from us, using our produce growing devices or via our subscription services, we
may ask you to provide some or all of the following types of information:
Purchases. When you choose to purchase Gardyn products or Services from us
including produce growing devices and accessories or subscription services
offered through any device, we may collect information from you including
Personal Information, such as your name, email address, mailing address, phone
number, payment information, such as a credit card number and/or other related
information that may be required from you to complete your purchase (“Financial
Information”). Unless we tell you otherwise at the time of your purchase or
application for financing, we do not collect, store or maintain your Financial
Information. For more information on how your information is shared in these
instances, please see Section 3.5 (“Third-Party Payment Processing”) below. We
will also collect a username and password in connection with any account created
via the Services. Public User Profiles. When you use Gardyn devices or sign up
for a Gardyn subscription you may be given the opportunity to create a “User
Profile” and when you do so we may ask you to provide information about yourself
such as your username, email address, weight, height, age, location, birthday,
phone number and image or avatar. Only your email address and username are
required to set up a User Profile; the rest of the information that you may
provide is optional. Once your User Profile is created, anytime you log in, we
will collect additional information and add it to your User Profile, such as the
plants you have ordered, the dates you ordered them, your followers and who you
are following, and any other information that may be available from time to
time. You acknowledge that your User Profile information may be personal to you,
and by creating an account and providing such information through the use of our
Services, you allow others, including Gardyn, to identify you and therefore you
may not be anonymous. Gardyn User Profiles are set to public by default, which
means that other registered Gardyn users will also be able to view your User
Profile, and your location and age (if you have provided it), and those users
can contact or follow you through the Services. You have the option to set your
profile to “Private,” which means that only members who you approve as followers
can see your profile and you can remove other users from your followers. Camera.
Gardyn devices may contain cameras. In their default setting these cameras are
in use and are intended and positioned capture images of the plants growing on
your Gardyn device to facilitate the device to perform analyses such as but not
limited to identifying the type of plant, it’s level of maturity, when it can be
harvested and whether any specific action should be taken by the user. You can
access the latest picture taken by your device on your Gardyn App. These
pictures may be recorded and kept in existence for some time in order to make
our customer support more relevant and improve the algorithm that analyzes the
pictures. The cameras are directed towards the Gardyn device and are not meant
to capture any picture or information relating to the user’s personal life.
However, Gardyn is not responsible for any image or information that may be
captured inadvertently by the cameras. No photo is posted on our websites or
social media without the explicit consent of the owner of the device. NOTE: The
user may disable the device cameras at any time in the Settings section of the
Gardyn App. Other User Information. Gardyn may also collect other information
from you as a result of your use of the Services, such as purchase history,
produce consumption and health related information. We may associate this
information with other Personal Information that you have provided in order to
improve and provide the Services and as otherwise described in this Privacy
Policy. Communications with Us. We may collect Personal Information from you
such as your email address, phone number or mailing address, when you choose to
request information about our Services, visit our retail stores, register to
receive Gardyn communications over email or text messaging, participate in
promotions, or loyalty programs that we may offer from time to time, request to
receive customer or technical support or otherwise communicate with us. Surveys
and Reviews. From time to time, we (or Third Parties on our behalf) may contact
you to participate in surveys or beta testing or provide reviews and
testimonials. If you decide to participate, you may be asked to provide certain
information, which may include Personal Information. All information collected
from your participation in our surveys, reviews or testimonial process, or beta
testing is provided by you voluntarily. We may use such information to improve
our products, our Site and/or Services, and in any manner consistent with this
Privacy Policy. Posting on the Gardyn Services. Gardyn may offer publicly
accessible blogs, private messages, video chat or community forums. You should
be aware that, when you disclose information about yourself on Gardyn’s blogs,
private messages, community forums, and within video chat sessions, Gardyn will
collect the information you provide in such submissions, including any Personal
Information. If you choose to submit content, including reviews, to any public
area of the Services, such content will be considered “public” and will not be
subject to the privacy protections provided in this Privacy Policy. Registration
for Sweepstakes or Contests. Occasionally, Gardyn may run sweepstakes and
contests. We ask those who enter in the sweepstakes or contests to provide
contact information (e.g., a phone number or an email address). If you
participate in a sweepstakes or contest, your contact information may be used to
reach you about the sweepstakes or contest, and, to the extent permitted by law,
for other promotional, marketing and business purposes. In compliance with the
laws of your jurisdiction, as a participant you may have the opportunity to
opt-out of any communications that are not related to awarding prizes. Location
Information. Based on your interaction with the Services, the type of device you
use to access the Services, and your device’s connectivity, we may collect
location-based information including your Internet protocol (IP) address, GPS
location, longitude/latitude, city, county, zip code and region, and your
location and your smart device’s proximity to “beacons,” Bluetooth networks
and/or other proximity systems. We may use this type of information to enhance
your user experience, including using location information for the purposes of
displaying the geographic distribution of Gardyn devices on a heat map, or to
better understand your interaction with our products and services. Unless you
otherwise provide us with your consent to do otherwise, this information will
only be used by us and our third party service providers to provide you with the
Services you request or in an aggregated and anonymized format, which does not
identify you. If you no longer wish to have this location information collected
and used by us, you may opt-out by disabling the location and Bluetooth features
in the operating system of your device. Automatic Data Collection. We may
collect certain information automatically through our Services or other methods
of web analysis, such as your IP address, cookie identifiers, mobile carrier,
mobile advertising identifiers, MAC address, IMEI, Advertiser ID, and other
device identifiers that are automatically assigned to your computer or device
when you access the Internet, browser type and language, geo-location
information, hardware type, operating system, Internet service provider, pages
that you visit before and after using the Services, the date and time of your
visit, the amount of time you spend on each page, information about the links
you click and pages you view within the Services, and other actions taken
through use of the Services such as preferences. For more information on
Automatic Data Collection, please see Section 3.3. Information from Other
Sources. We may receive information about you from other sources, including
through Third-Party services and organizations, to supplement information
provided by you. For example, if you access our Services through a Third-Party
application, such as the Apple App Store or Google Play App Store (together with
any similar applications, “App Stores”) or Social Networking Sites (“SNS”) such
as Facebook, we may collect information about you from that Third-Party
application that you have made public via your privacy settings. Information we
collect through App Stores or SNS accounts may include your name, your SNS user
identification number, your user name, location, sex, birth date, email, profile
picture and your contacts on the SNS. This supplemental information allows us to
verify information that you have provided to Gardyn and to enhance our ability
to provide you with information about our business, products and Services.

3.2 HOW GARDYN USES YOUR INFORMATION

We acquire, hold, use and Process Personal Information about Individuals for a
variety of business purposes, including: To Provide Products, Services or
Information Requested. Gardyn may use information about you to fulfill requests
for products, Services or information, including information about potential or
future Services, including to: Generally manage Individual information and
accounts; Respond to questions, comments, and other requests; Provide access to
certain areas, functionalities, and features of Gardyn’s Services; Communicate
with you about logistical matters, including product deliveries and product
servicing visits; Review and contact you to answer requests for customer support
or technical support; and Allow you to register for classes and events.
Administrative Purposes. Gardyn may use Personal Information about you for its
administrative purposes, including to: Measure interest in Gardyn’s Services;
Develop new products and Services; Ensure internal quality control; Verify
Individual identity; Communicate about Individual accounts and activities on
Gardyn’s Services and systems, and, in Gardyn’s discretion, changes to any
Gardyn policy; Send emails to the email address you provide to us to verify your
account and for informational and operational purposes, such as account
management, customer service or system maintenance; Process payment(s) for
products or services purchased; Process applications and transactions; Prevent
potentially prohibited or illegal activities; and Enforce our Terms. Marketing
Gardyn Products and Services. Gardyn may use Personal Information to provide you
with materials about offers, products and Services that may be of interest,
including new content or Services. Gardyn may provide you with these materials
by phone, postal mail, facsimile or email, as permitted by applicable law. Such
uses include: To tailor content, advertisements and offers; To notify you about
offers, products and services that may be of interest or about which you have
previously expressed an interest; To provide Services to you; For other purposes
disclosed at the time that Individuals provide Personal Information; or
Otherwise with your consent. You may contact us at any time to opt-out of the
use of your Personal Information for marketing purposes, as further described in
Section 6 below. Research and Development. Gardyn may use Personal Information
to create non-identifiable information that we may use alone or in the aggregate
with information obtained from other sources, in order to help us to optimally
deliver our existing products and Services or develop new products and Services.
From time to time, Gardyn may perform research (online and offline) via surveys.
We may engage Third-Party service providers to conduct such surveys on our
behalf. All survey responses are voluntary, and the information collected will
be used for research and reporting purposes to help us better serve Individuals
by learning more about their needs and the quality of the products and services
we provide. The survey responses may be utilized to determine the effectiveness
of our Services, various types of communications, advertising campaigns and/or
promotional activities. If an Individual participates in a survey, the
information given will be used along with that of other study participants. We
may share anonymous Individual and aggregate data for research and analysis
purposes. Direct Mail, Email and Outbound Telemarketing. Individuals who provide
us with Personal Information, or whose Personal Information we obtain from Third
Parties, may, as permitted by law, receive periodic emails, newsletters,
mailings or phone calls from us with information on Gardyn’s or our business
partners’ products and services or upcoming special offers/events we believe may
be of interest. We offer the option to decline these communications at no cost
to the Individual by following the instructions in Section 6 below. Services via
Apps and other Devices. From time to time, Gardyn may provide Services that are
specifically designed to be compatible and used on third party devices, such as
mobile phones, smart TVs, and tablets. Gardyn will collect certain information
that your device sends when you use such Services, like a device identifier,
user settings, location information, carrier and the operating system of your
device. These versions of Gardyn’s Services may require that users log in with
an account. In such cases, information about use of these versions of the
Services may be associated with accounts. In addition, Gardyn may enable you to
download an application, widget or other tool that can be used on mobile, tablet
or other devices. Some of these tools may store information on your devices.
These tools may transmit Personal Information to Gardyn to enable you to access
accounts and to enable Gardyn to track use of these tools. Some of these tools
may enable users to export reports and other information from the tool. Gardyn
may use personal or non-identifiable information transmitted to Gardyn to
enhance these tools, to develop new tools, for quality improvement and as
otherwise described in this Privacy Policy or in other notices Gardyn provides.
Anonymous and Aggregated Information Use. Gardyn may use Personal Information
and other information about you to create anonymized and aggregated information,
such as de-identified demographic information, de-identified location
information, information about the computer or device from which you access
Gardyn’s Services or other analyses we create. Anonymized and aggregated
information is used for a variety of functions, including the measurement of
visitors’ interest in and use of various portions or features of the Services.
Anonymized or aggregated information is not Personal Information, and Gardyn may
use such information in a number of ways, including research, internal analysis,
analytics and any other legally permissible purposes. We may share this
information within Gardyn and with Third-Parties for our or their purposes in an
anonymized or aggregated form that is designed to prevent anyone from
identifying you. Sharing Content with Friends or Colleagues. Gardyn’s Services
may offer various tools and functionalities. For example, Gardyn may allow you
to provide information about your friends through our referral services, such as
“Refer a Friend.” Our referral services may allow you to forward or share
certain content with a friend or colleague, such as an email inviting your
friend to use our Services. Email addresses that you provide for a friend or
colleague will be used to send your friend or colleague the content or link you
request, but will not be used by Gardyn for any other purpose. Other Uses.
Gardyn may use Personal Information for which we have a legitimate interest,
such as direct marketing, individual or market research, fraud protection, or
any other purpose disclosed to you at the time you provide Personal Information
or with your consent.

3.3 COOKIES, PIXEL TAGS/WEB BEACONS, ANALYTICS INFORMATION, AND INTEREST-BASED
ADVERTISING

We, as well as Third-Parties that provide content, advertising or other
functionality on our Services, may use cookies, pixel tags, local storage and
other technologies (“Technologies”) to automatically collect information through
the Services. We use Technologies that are essentially small data files placed
on your computer, tablet, mobile phone or other devices that allow us to record
certain pieces of information whenever you visit or interact with our website,
services, applications, messaging and tools, and to recognize you across
devices. Cookies. Cookies are small text files placed in visitors’ computer
browsers to store their preferences. Most browsers allow you to block and delete
cookies. However, if you do that, the Site may not work properly. Pixel Tags/Web
Beacons. A pixel tag (also known as a web beacon) is a piece of code embedded on
the Site that collects information about users’ engagement on that web page. The
use of a pixel allows us to record, for example, that a user has visited a
particular web page or clicked on a particular advertisement. Social Media
Widgets: The Site includes social media features such as links to Facebook,
Instagram, Twitter, YouTube and LinkedIn (that might include widgets, such as,
the share this button or other interactive mini-programs). These features may
collect your IP address, which page you are visiting on the Site and may set a
cookie to enable the feature to function properly. These social media features
are either hosted by a Third-Party or hosted directly on the Site. Your
interactions with these features are governed by the privacy policy of the
company providing it. Analytics. We may also use Google Analytics and Google
Analytics Demographics and Interest Reporting to collect information regarding
visitor behavior and visitor demographics on some of our Services and to develop
website content. This analytics data is not tied to any Personal Information.
For more information about Google Analytics, please visit
www.google.com/policies/privacy/partners/. You can opt-out of Google’s
collection and Processing of data generated by your use of the Services by going
to https://tools.google.com/dlpage/gaoptout. Our uses of such Technologies fall
into the following general categories: Operationally Necessary. We may use
Technologies that are necessary to the operation of our Site, Services,
applications, and tools. This includes Technologies that allow you access to our
Site, Services, applications, and tools; that are required to identify irregular
site behavior, prevent fraudulent activity and improve security; or that allow
you to make use of functions such as shopping carts, saved search or similar
functions. Performance Related. We may use Technologies to assess the
performance of our Site, applications, Services and tools, including as part of
our analytic practices to help us understand how our visitors use our Site,
determine if you have interacted with our messaging, determine whether you have
viewed an item or link, or to improve our website content, applications,
services or tools; Functionality Related. We may use Technologies that allow us
to offer you enhanced functionality when accessing or using our Sites, Services,
applications or tools. This may include identifying you when you sign into our
Sites or keeping track of your specified preferences, interests or past items
viewed so that we may enhance the presentation of content on our Sites;
Advertising or Targeting Related. We may use first-party or Third-Party cookies
and web beacons to deliver content, including ads relevant to your interests, on
our Sites or on Third-Party sites. This includes using technologies to
understand the usefulness to you of the advertisements and content that has been
delivered to you, such as, whether you have clicked on an advertisement. If you
would like to opt-out of the Technologies we employ on our Sites, Services,
applications or tools, you may do so by blocking, deleting or disabling them as
your browser or device permits. See Section 6.6 for additional opt-out options.
Please note that blocking, deleting, or disabling these Technologies will affect
the functionality of our Sites, Services, applications and tools, and may
prevent you from being able to access certain features.

3.4 THIRD-PARTY WEBSITES, SOCIAL MEDIA PLATFORMS, AND SOFTWARE DEVELOPMENT KITS

The Site may contain links to other websites and other websites may reference or
link to the Gardyn Site or other Services. These other domains and websites are
not controlled by us, and Gardyn does not endorse or make any representations
about Third-Party websites or social media platforms. We encourage you to read
the privacy policies of each and every website and application with which you
interact. We do not endorse, screen or approve, and are not responsible for the
privacy practices or content of such other websites or applications. Visiting
other websites or applications is at your own risk. Gardyn’s Services may
include publicly accessible blogs, community forums, message boards, private
messaging or video chat features. The Site and our other Services may also
contain links and interactive features with various social media or music
platforms (e.g., widgets). If you already use these platforms, their cookies may
be set on your device when using the Site or other Services. You should be aware
that Personal Information which you voluntarily include and transmit online in a
publicly accessible blog, video chat session, social media platform or otherwise
online, or that you share in an open forum, may be viewed and used by others
without any restrictions. We are unable to control such uses of your information
when you interact with a Third-Party platform, and by using such services you
assume the risk that the Personal Information provided by you may be viewed and
used by Third-Parties for any number of purposes.

3.5 THIRD-PARTY PAYMENT PROCESSING

When you make purchases through the Services, we Process your payments through a
Third-Party application, such as an App Store or, in the case of online or
in-person purchases via a Third-Party payment processor. In these instances, the
Third-Party application may collect certain Financial Information from you to
Process a payment on behalf of Gardyn, including your name, email address,
address and other billing information in which case the use and storage of your
Financial Information is governed by the Third-Party app’s terms, conditions and
privacy policies. If you apply for or otherwise take part in a financing offer
through one of our financing partners, you will be asked to provide information
(which may include Financial Information) to that financing partner, either
directly or through the Services. The use of that information by the financing
partner will be subject to the financing partner’s terms, conditions and privacy
policies. Our treatment of any Financial Information that we may Process on your
behalf, or that we receive from our financing partners or payment processors, is
subject to this Privacy Policy. For more information on our use of Third-Party
payment processors and financing partners, including the name(s) of the entities
that we partner with, please email support@mygardyn.com

4. HUMAN RESOURCES DATA

Gardyn collects Personal Information from current, prospective and former
Employees, their contact points in case of a medical emergency and beneficiaries
under any insurance policy (“Human Resources Data”). The Human Resources Data we
collect may include your title, name, image, voice recording, address, phone
number, email address, social media handle, Gardyn leaderboard name, date of
birth, passport number, driver’s license number, Social Security number or other
government-issued identification number, financial information related to credit
checks, bank details for payroll, information that may be recorded on a CV or
application form, language abilities, contact information of Third-Parties in
case of an emergency, beneficiaries under any insurance policy and other
personal and biographical information. We may also collect Sensitive Human
Resources Data, such as, details of health and disability, including mental
health, medical leave, and maternity leave; information about national origin or
immigration status; and optional demographic information, such as, race which
helps us achieve our diversity goals. We acquire, hold, use and Process Human
Resources Data for a variety of business purposes including: Workflow
management, including assigning, managing and administering projects; Human
Resources administration and communication; Payroll and the provision of
benefits; Compensation, including bonuses and long-term incentive
administration, stock plan administration, compensation analysis, including
monitoring overtime and compliance with labor laws and company recognition
programs; Job grading activities; Performance and employee development
management; Organizational development and succession planning; Benefits and
personnel administration; Absence management; Helpdesk and IT support services;
Regulatory compliance; Internal and/or external or governmental compliance
investigations; Internal or external audits; Litigation evaluation, prosecution
and defense; Diversity and inclusion initiatives; Restructuring and relocation;
Emergency contacts and services; Employee safety; Compliance with statutory
requirements; Processing of Employee expenses and travel charges; and
Acquisitions, divestitures and integrations.

5. ONWARD TRANSFER—GARDYN MAY DISCLOSE YOUR INFORMATION

5.1 INFORMATION WE SHARE

We may share your information as described in this Privacy Policy (e.g., with
our Third-Party service providers; to comply with legal obligations; to enhance
the Services, to protect and defend our rights and property) or with your
permission. We Use Vendors and Service Providers. We may share any information
we receive with vendors and service providers. The types of service providers to
whom we entrust Personal Information include service providers for: (i)
provision of IT, analytics and related services; (ii) provision of information
and services you have requested; (iii) payment processing; (iv) customer service
activities such as deliveries and member support; and (v) in connection with the
provision of the Services. Business Partners. Gardyn may share Personal
Information with our business partners, and affiliates for our and our
affiliates’ internal business purposes or to provide you with a product or
service that you have requested. Gardyn may also provide Personal Information to
business partners with whom we may jointly offer products or services, or whose
products or services we believe may be of interest to you. In such cases, our
business partner’s name will appear, along with Gardyn. Gardyn’s policy is to
require our affiliates and business partners to agree in writing to maintain the
confidentiality and security of Personal Information they maintain on our behalf
and not to use it for any purpose other than the purpose for which Gardyn
provided them and to comply with this Privacy Policy. Displaying to Other Users.
The content you post to the Services may be displayed on the Services. Other
users of the Site may be able to see some information about you, such as, your
name if you submit a review or provide a testimonial. We are not responsible for
privacy practices of the other users who view and use the posted information.
Marketing – Interest-Based Advertising and Third-Party Marketing. Through our
Services, Gardyn may allow Third-Party advertising partners to set tracking
tools (e.g., cookies) to collect information regarding your activities (e.g.,
your IP address, page(s) visited, time of day). We may also share such
de-identified information as well as selected Personal Information (such as
demographic information and past purchase history) we have collected with
Third-Party advertising partners. These advertising partners may use this
information (and similar information collected from other websites) for purposes
of delivering targeted advertisements to you when you visit non-Gardyn related
websites within their networks. This practice is commonly referred to as
“interest-based advertising” or “online behavioral advertising”. We may allow
access to other data collected by the Site to facilitate transmittal of
information that may be useful, relevant, valuable or otherwise of interest to
you. If you prefer that we do not share your Personal Information with
Third-Party advertising partners, you may opt-out of such sharing at no cost by
following the instructions in Section 6 below. Disclosures to Protect Us or
Others (e.g., as Required by Law and Similar Disclosures). We may access,
preserve and disclose your Personal Information, other account information and
content if we believe doing so is required or appropriate: (i) to comply with
law enforcement or national security requests and legal process, such as, a
court order or subpoena; (ii) to respond to your requests; (iii) to protect
yours’, ours’ or others’ rights, property or safety; (iv) to enforce Gardyn
policies or contracts; (v) to collect amounts owed to Gardyn; (vi) to comply
with records retention policies; (vii) when we believe access, preservation, or
disclosure is necessary or appropriate to prevent physical harm or financial
loss or in connection with an investigation or prosecution of suspected or
actual illegal activity; or (viii) if we, in good faith, believe that access,
preservation, or disclosure is otherwise necessary or advisable. In addition,
from time to time, server logs may be reviewed for security purposes – e.g., to
detect unauthorized activity on the Services. In such cases, server log data
containing IP addresses may be shared with law enforcement bodies in order to
allow them to identify users in connection with their investigation of
unauthorized activities. Merger, Sale, or Other Asset Transfers. If we are
involved in a merger, acquisition, financing due diligence, reorganization,
bankruptcy, receivership, sale of company assets or transition of service to
another provider, then your information may be sold or transferred as part of
such a transaction as permitted by law and/or contract. In such event, Gardyn
will endeavor to direct the transferee to use Personal Information in a manner
that is consistent with the Privacy Policy in effect at the time such Personal
Information was collected.

5.2 INTERNATIONAL DATA TRANSFERS

You agree that all Personal Information collected via or by Gardyn may be
transferred, Processed and stored anywhere in the world, including but not
limited to, the United States, Canada, the European Union, in the cloud, on our
servers, on the servers of our affiliates or the servers of our service
providers. Your Personal Information may be accessible to law enforcement or
other authorities pursuant to a lawful request. By providing information to
Gardyn, you explicitly consent to the storage of your Personal Information in
these locations.

6. OPT-OUT (RIGHT TO OBJECT TO PROCESSING)

6.1 GENERAL

You have the right to object to and opt-out of certain uses and disclosures of
your Personal Information. Where you have consented to Gardyn’s Processing of
your Personal Information or Sensitive Personal Information, you may withdraw
that consent at any time and opt-out to further Processing by contacting
support@mygardyn.com. Even if you opt-out, we may still collect and use
non-Personal Information regarding your activities on our Site and/or
information from the advertisements on Third-Party websites for non-interest
based advertising purposes, such as, to determine the effectiveness of the
advertisements.

6.2 EMAIL, TEXT AND TELEPHONE COMMUNICATIONS

You can unsubscribe from email, text and phone communications at any time. To
stop receiving our promotional emails, follow the unsubscribe instructions in
the email messages you receive from us or use the information in Section 12 to
contact us. To opt-out of receiving text messages, follow the opt-out
instructions in the text messages that you receive from us. We will process your
request within a reasonable time after receipt, in accordance with applicable
laws. Note that you will continue to receive transaction-related emails
regarding products or services you have requested until you opt-out of receiving
such emails. We may also send you certain non-promotional communications
regarding Gardyn and our Services and, to the extent permitted by law, you will
not be able to opt-out of those communications (e.g., communications regarding
updates to our Terms or this Privacy Policy). We maintain “do-not-call” and
“do-not-mail” lists as mandated by law. We process requests to be placed on
do-not-mail, do-not-phone and do-not-contact lists within 60 days after receipt,
or such shorter time as may be required by law.

You agree to receive recurring automated promotional and personalized marketing
text (e.g SMS and MMS) messages (e.g. cart reminders) from Gardyn, to the mobile
telephone number you provided when signing up or any other number that you
designate. Consent to receive automated marketing text messages is not a
condition of any purchase. Msg & Data rates may apply. The website uses cookies
to help keep track of items you put into your shopping cart including when you
have abandoned your cart and this information is used to determine when to send
cart reminder messages via SMS. Message frequency will vary. Gardyn reserves the
right to alter the frequency of messages sent at any time, so as to increase or
decrease the total number of sent messages. To stop receiving text messages,
reply “STOP” to any text message you have received from us. You also agree to
our Terms of Service

6.3 MOBILE DEVICES

Gardyn may occasionally send you push notifications through our Apps with
updates, achievements and other notices that may be of interest to you. You may
at any time opt-out from receiving these types of communications by changing the
settings on your device. Gardyn may also collect location-based information if
you use our Apps. You may opt-out of this collection by changing the settings on
your device.

6.4 HUMAN RESOURCES DATA

With regard to Personal Information that Gardyn receives in connection with an
employment relationship, Gardyn will use such Personal Information only for
employment-related purposes as more fully described above. If Gardyn intends to
use this Personal Information for any other purpose, Gardyn will notify the
Individual and provide an opportunity to opt-out of such uses. Employees who
elect to use the Services will be treated as users in accordance with this
Privacy Policy.

6.5 “DO NOT TRACK”

Do Not Track (“DNT”) is a privacy preference that users can set in certain web
browsers. DNT is a way for users to inform websites and services that they do
not want certain information about their webpage visits collected over time and
across websites or online services. Please note that we do not respond to or
honor DNT signals or similar mechanisms transmitted by web browsers.

6.6 COOKIES AND INTEREST-BASED ADVERTISING

As noted above, you may stop or restrict the placement of cookies on your
computer or remove them from your browser by adjusting your web browser
preferences. Please note that cookie-based opt-outs are not effective on mobile
applications. However, on many mobile devices, application users may opt-out of
certain mobile advertisements via their device settings. The online advertising
industry also provides websites from which you may opt-out of receiving targeted
ads from our data partners and our other advertising partners that participate
in self-regulatory programs. You can access these, and also learn more about
targeted advertising and consumer choice and privacy, at
www.networkadvertising.org/managing/opt_out.asp, www.youronlinechoices.eu/ or
www.youradchoices.ca/, and www.aboutads.info/choices/. You can also choose not
to be included in Google Analytics here. To be clear, whether you are using our
opt-out or an online industry opt-out, these cookie-based opt-outs must be
performed on each device and browser that you wish to have opted-out. For
example, if you have opted-out on your computer browser, that opt-out will not
be effective on your mobile device. You must separately opt-out on each device.
Advertisements on Third-Party websites that contain the AdChoices link, and that
link to this Privacy Policy, may have been directed to you based on anonymous
non-Personal Information collected by advertising partners over time and across
websites. These advertisements provide a mechanism to opt-out of the advertising
partners’ use of this information for interest-based advertising purposes.

7. RIGHTS OF ACCESS, RECTIFICATION, ERASURE, AND RESTRICTION

Where permitted by applicable law, you may inquire as to whether Gardyn is
Processing Personal Information about you, request access to Personal
Information, and ask that we correct, amend or delete your Personal Information
where it is inaccurate or has been Processed in violation of your rights under
data privacy laws that apply in the country where you live. Where otherwise
permitted by applicable law, you may send an email to support@mygardyn.com or
use any of the methods set out in this Privacy Policy to request access to,
receive, seek rectification, or request erasure of Personal Information held
about you by Gardyn. Please include your full name, email address associated
with your account and a detailed description of your data request. Such requests
will be processed in accordance with local laws. Although Gardyn makes good
faith efforts to provide Individuals with access to their Personal Information,
there may be circumstances in which Gardyn is unable to provide access,
including but not limited to: where the information contains legal privilege,
would compromise others’ privacy or other legitimate rights, where the burden or
expense of providing access would be disproportionate to the risks to the
Individual’s privacy, in the case in question or where it is commercially
proprietary. If Gardyn determines that access should be restricted in any
particular instance, we will provide you with an explanation of why that
determination has been made and a contact point for any further inquiries. To
protect your privacy, Gardyn will take commercially reasonable steps to verify
your identity before granting access to or making any changes to your Personal
Information.

8. DATA RETENTION

Gardyn retains the Personal Information we receive as described in this Privacy
Policy for as long as you use our Services or as necessary to fulfill the
purpose(s) for which it was collected, provide our Services, resolve disputes,
establish legal defenses, conduct audits, pursue legitimate business purposes,
enforce our agreements and comply with applicable laws. When we are no longer
required to retain the Personal Information as described above, we will destroy,
erase, or de-identify it. Legal requirements, however, may require us to retain
some or all of the Personal Information we hold for a period of time that is
longer than that for which we might otherwise hold it.

9. SECURITY OF YOUR INFORMATION

We take steps to ensure that your information is treated securely and in
accordance with this Privacy Policy. We maintain commercially reasonable
administrative, technical and physical safeguards (which vary depending on the
sensitivity of the Personal Information) designed to protect against
unauthorized use, disclosure or access of Personal Information. Unfortunately,
the Internet cannot be guaranteed to be 100% secure, and we cannot ensure or
warrant the security of any information you provide to us. We do not accept
liability for unintentional disclosure. By using the Services or providing
Personal Information to us, you agree that we may communicate with you
electronically regarding security, privacy and administrative issues relating to
your use of the Services. If we learn of a security breach, we may attempt to
notify you electronically by posting a notice on the Site or sending an email to
you. You may have a legal right to receive this notice in writing.

10. NON-U.S. USERS

By using the Services, you consent to Gardyn’s transfer of your data to the
United States. By choosing to visit the Site, use the Services, or otherwise
provide information to us, you agree that any dispute over privacy or the terms
contained in this Privacy Policy will, to the extent permitted by law, be
governed by the laws of the State of Maryland, without regard to principles of
conflicts of law. Any disputes arising in connection with this Privacy Policy
will be handled in accordance with the dispute resolution provisions in the
Terms. If you are visiting from the European Union or other regions with laws
governing data collection and use, please note that you are agreeing to the
transfer of your information to the United States and to Processing of your data
globally. By providing your Personal Information, you consent to any transfer
and Processing in accordance with this Privacy Policy.

11. CHILDREN’S PRIVACY

Our Services are not directed to children under the age of 13. In addition, you
are not permitted to use our Services if you do not meet the minimum age
requirement applicable to our Services in your jurisdiction. We do not knowingly
collect Personal Information from children under the age of 13. If you learn
that your child has provided us with Personal Information without your consent,
you may alert us at support@mygardyn.com. If we learn that we have collected
Personal Information of a child under the age of 13 (or under the age of 16 in
certain jurisdictions, such as EU member countries) we will take steps to delete
such information from our files as soon as possible and terminate the child’s
account unless we receive verifiable parental consent.

12. REDRESS/COMPLIANCE AND ACCOUNTABILITY

If you have any questions about our privacy practices, this Privacy Policy, or
how to submit a complaint with the appropriate authority, please contact Gardyn
by email at support@mygardyn.com or by mail at the below address. We or our Data
Protection Officer will address your concerns and attempt to resolve any privacy
issues in a timely manner. U.S. and Canadian Residents: Gardyn, Inc. 7315
Wisconsin Avenue Bethesda, MD 20814 Attn: Legal Department

13. OTHER RIGHTS AND IMPORTANT INFORMATION

13.1 CHANGES TO OUR PRIVACY POLICY AND PRACTICES

This Privacy Policy may change from time to time. You understand and agree that
you will be deemed to have accepted the updated Privacy Policy if you use the
Services after the updated Privacy Policy is posted on the Services (as
reflected in the above Effective Date). If at any point you do not agree to any
portion of the Privacy Policy, you must immediately stop using the Services.
Revisions to the Privacy Policy. We may revise this Privacy Policy in our sole
discretion, so please review it periodically. If you continue to visit the Site
and use the Services after such changes have been made, you thereby provide your
consent to the changes. Posting of Revised Privacy Policy. If there are any
material changes to this Privacy Policy, Gardyn will notify you by email or as
otherwise required by applicable law. We will post any adjustments to the
Privacy Policy on this web page, and the revised version will be effective
immediately when it is posted (or upon notice if applicable). If you are
concerned about how your information is used, bookmark this page and read this
Privacy Policy periodically. New Uses of Personal Information. Additionally,
before we use Personal Information for any new purpose not originally authorized
by you, we will endeavor to provide information regarding the new purpose and
give you the opportunity to opt-out. Where consent of the Individual for the
Processing of Personal Information is required by law or contract, Gardyn will
endeavor to comply with the law or contract.

13.2 CALIFORNIA PRIVACY RIGHTS

California law permits users who are California residents to request and obtain
from us once per year, free of charge, a list of the Third-Parties to whom we
have disclosed their Personal Information (if any) for direct marketing purposes
in the prior calendar year, as well as the type of Personal Information
disclosed to those parties.

14. DEFINITIONS

The following capitalized terms have the meanings set forth below. “Agent” means
any Third-Party that Processes Personal Information pursuant to the instructions
of, and solely for, Gardyn or to which Gardyn discloses Personal Information for
use on its behalf. “Employee” refers to any current, temporary, permanent,
prospective or former employee, director, contractor, worker, or retiree of
Gardyn or its subsidiaries worldwide. “Personal Information” is any information
relating to an identified or identifiable natural person (“Individual”).
“Process” or “Processing” means any operation which is performed upon Personal
Information, whether or not by automatic means, such as collection, recording,
organization, structuring, storage, adaptation or alteration, retrieval,
consultation, use, disclosure by transmission, dissemination or otherwise making
available, alignment or combination, restriction, erasure, or destruction.
“Sensitive Data” or “Sensitive Personal Information” is a subset of Personal
Information which, due to its nature, has been classified by law or by policy as
deserving additional privacy and security protections. Sensitive Personal
Information includes, certain Financial Information, and Personal Information
regarding EU residents that is classified as a “Special Category of Personal
Data” under EU law, which consists of the following data elements: (1) race or
ethnic origin; (2) political opinions; (3) religious or philosophical beliefs;
(4) trade union membership; (5) genetic data; (6) biometric data where Processed
to uniquely identify a person; (6) health information; (7) sexual orientation or
information about the Individual’s sex life; or (8) information relating to the
commission of a criminal offense. “Third-Party” is any company, natural or legal
person, public authority, agency, or body other than the Individual, Gardyn or
Gardyn’s Agents.

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English
Accessibility Adjustments
Reset Settings Statement Hide Interface

Choose the right accessibility profile for you
OFF ON
Seizure Safe Profile Clear flashes & reduces color
This profile enables epileptic and seizure prone users to browse safely by
eliminating the risk of seizures that result from flashing or blinking
animations and risky color combinations.
OFF ON
Vision Impaired Profile Enhances website's visuals
This profile adjusts the website, so that it is accessible to the majority of
visual impairments such as Degrading Eyesight, Tunnel Vision, Cataract,
Glaucoma, and others.
OFF ON
ADHD Friendly Profile More focus & fewer distractions
This profile significantly reduces distractions, to help people with ADHD and
Neurodevelopmental disorders browse, read, and focus on the essential elements
of the website more easily.
OFF ON
Cognitive Disability Profile Assists with reading & focusing
This profile provides various assistive features to help users with cognitive
disabilities such as Autism, Dyslexia, CVA, and others, to focus on the
essential elements of the website more easily.
OFF ON
Keyboard Navigation (Motor) Use website with the keyboard
This profile enables motor-impaired persons to operate the website using the
keyboard Tab, Shift+Tab, and the Enter keys. Users can also use shortcuts such
as “M” (menus), “H” (headings), “F” (forms), “B” (buttons), and “G” (graphics)
to jump to specific elements.

Note: This profile prompts automatically for keyboard users.
OFF ON
Blind Users (Screen Reader) Optimize website for screen-readers
This profile adjusts the website to be compatible with screen-readers such as
JAWS, NVDA, VoiceOver, and TalkBack. A screen-reader is software that is
installed on the blind user’s computer and smartphone, and websites should
ensure compatibility with it.

Note: This profile prompts automatically to screen-readers.
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Accessibility StatementCompliance status

We firmly believe that the internet should be available and accessible to anyone
and are committed to providing a website that is accessible to the broadest
possible audience, regardless of ability.

To fulfill this, we aim to adhere as strictly as possible to the World Wide Web
Consortium’s (W3C) Web Content Accessibility Guidelines 2.1 (WCAG 2.1) at the AA
level. These guidelines explain how to make web content accessible to people
with a wide array of disabilities. Complying with those guidelines helps us
ensure that the website is accessible to blind people, people with motor
impairments, visual impairment, cognitive disabilities, and more.

This website utilizes various technologies that are meant to make it as
accessible as possible at all times. We utilize an accessibility interface that
allows persons with specific disabilities to adjust the website’s UI (user
interface) and design it to their personal needs.

Additionally, the website utilizes an AI-based application that runs in the
background and optimizes its accessibility level constantly. This application
remediates the website’s HTML, adapts its functionality and behavior for
screen-readers used by blind users, and for keyboard functions used by
individuals with motor impairments.

If you wish to contact the website’s owner please use the website's form

Screen-reader and keyboard navigation

Our website implements the ARIA attributes (Accessible Rich Internet
Applications) technique, alongside various behavioral changes, to ensure blind
users visiting with screen-readers can read, comprehend, and enjoy the website’s
functions. As soon as a user with a screen-reader enters your site, they
immediately receive a prompt to enter the Screen-Reader Profile so they can
browse and operate your site effectively. Here’s how our website covers some of
the most important screen-reader requirements:

1. Screen-reader optimization: we run a process that learns the website’s
components from top to bottom, to ensure ongoing compliance even when
updating the website. In this process, we provide screen-readers with
meaningful data using the ARIA set of attributes. For example, we provide
accurate form labels; descriptions for actionable icons (social media icons,
search icons, cart icons, etc.); validation guidance for form inputs;
element roles such as buttons, menus, modal dialogues (popups), and others.

Additionally, the background process scans all of the website’s images. It
provides an accurate and meaningful image-object-recognition-based
description as an ALT (alternate text) tag for images that are not
described. It will also extract texts embedded within the image using an OCR
(optical character recognition) technology. To turn on screen-reader
adjustments at any time, users need only to press the Alt+1 keyboard
combination. Screen-reader users also get automatic announcements to turn
the Screen-reader mode on as soon as they enter the website.

These adjustments are compatible with popular screen readers such as JAWS,
NVDA, VoiceOver, and TalkBack.

2. Keyboard navigation optimization: The background process also adjusts the
website’s HTML and adds various behaviors using JavaScript code to make the
website operable by the keyboard. This includes the ability to navigate the
website using the Tab and Shift+Tab keys, operate dropdowns with the arrow
keys, close them with Esc, trigger buttons and links using the Enter key,
navigate between radio and checkbox elements using the arrow keys, and fill
them in with the Spacebar or Enter key.

Additionally, keyboard users will find content-skip menus available at any
time by clicking Alt+2, or as the first element of the site while navigating
with the keyboard. The background process also handles triggered popups by
moving the keyboard focus towards them as soon as they appear, not allowing
the focus to drift outside.

Users can also use shortcuts such as “M” (menus), “H” (headings), “F”
(forms), “B” (buttons), and “G” (graphics) to jump to specific elements.

Disability profiles supported on our website
* Epilepsy Safe Profile: this profile enables people with epilepsy to safely
use the website by eliminating the risk of seizures resulting from flashing
or blinking animations and risky color combinations.
* Vision Impaired Profile: this profile adjusts the website so that it is
accessible to the majority of visual impairments such as Degrading Eyesight,
Tunnel Vision, Cataract, Glaucoma, and others.
* Cognitive Disability Profile: this profile provides various assistive
features to help users with cognitive disabilities such as Autism, Dyslexia,
CVA, and others, to focus on the essential elements more easily.
* ADHD Friendly Profile: this profile significantly reduces distractions and
noise to help people with ADHD, and Neurodevelopmental disorders browse,
read, and focus on the essential elements more easily.
* Blind Users Profile (Screen-readers): this profile adjusts the website to be
compatible with screen-readers such as JAWS, NVDA, VoiceOver, and TalkBack. A
screen-reader is installed on the blind user’s computer, and this site is
compatible with it.
* Keyboard Navigation Profile (Motor-Impaired): this profile enables
motor-impaired persons to operate the website using the keyboard Tab,
Shift+Tab, and the Enter keys. Users can also use shortcuts such as “M”
(menus), “H” (headings), “F” (forms), “B” (buttons), and “G” (graphics) to
jump to specific elements.

Additional UI, design, and readability adjustments
1. Font adjustments – users can increase and decrease its size, change its
family (type), adjust the spacing, alignment, line height, and more.
2. Color adjustments – users can select various color contrast profiles such as
light, dark, inverted, and monochrome. Additionally, users can swap color
schemes of titles, texts, and backgrounds with over seven different coloring
options.
3. Animations – epileptic users can stop all running animations with the click
of a button. Animations controlled by the interface include videos, GIFs,
and CSS flashing transitions.
4. Content highlighting – users can choose to emphasize essential elements such
as links and titles. They can also choose to highlight focused or hovered
elements only.
5. Audio muting – users with hearing devices may experience headaches or other
issues due to automatic audio playing. This option lets users mute the
entire website instantly.
6. Cognitive disorders – we utilize a search engine linked to Wikipedia and
Wiktionary, allowing people with cognitive disorders to decipher meanings of
phrases, initials, slang, and others.
7. Additional functions – we allow users to change cursor color and size, use a
printing mode, enable a virtual keyboard, and many other functions.

Assistive technology and browser compatibility

We aim to support as many browsers and assistive technologies as possible, so
our users can choose the best fitting tools for them, with as few limitations as
possible. Therefore, we have worked very hard to be able to support all major
systems that comprise over 95% of the user market share, including Google
Chrome, Mozilla Firefox, Apple Safari, Opera and Microsoft Edge, JAWS, and NVDA
(screen readers), both for Windows and MAC users.

Notes, comments, and feedback

Despite our very best efforts to allow anybody to adjust the website to their
needs, there may still be pages or sections that are not fully accessible, are
in the process of becoming accessible, or are lacking an adequate technological
solution to make them accessible. Still, we are continually improving our
accessibility, adding, updating, improving its options and features, and
developing and adopting new technologies. All this is meant to reach the optimal
level of accessibility following technological advancements. If you wish to
contact the website’s owner, please use the website's form

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accessibility interface, you won't be able to see it anymore, unless you clear
your browsing history and data. Are you sure that you wish to hide the
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