Gardeneur Terms of Use
Last Updated: July 29, 2021
Welcome to Gardeneur
Gardeneur, Inc. and its subsidiaries and affiliates, including any that Gardeneur may form or acquire in the future (“Gardeneur”), provide this website, www.gardeneur.com (the “Site”), and any other content, applications, features, functionality, information, and services offered by Gardeneur through the Site (“Services”) subject to your compliance with these Terms of Use (“Terms of Use”). The Terms of Use are a legally binding contract between you and Gardeneur.
By accessing or using the Site, or by otherwise accepting these Terms of Use, you (an individual or entity) agree to the terms and conditions set forth in these Terms of Use. These terms apply to sellers and buyers alike. Please read these Terms of Use carefully before using the Site. If you violate or do not agree to these Terms of Use, your access to and use of the Site, is unauthorized.
These Terms of Use and/or the Site may be changed at any time and notice of such changes shall be given by posting updated Terms of Use on the Site with the updated date next to “Last Updated”. Your continued use of the Site following any such change constitutes acceptance of the updated Terms of Use.
The terms “we”, “us” and “our” means Gardeneur. The terms “you”, “your” or “user” means the users of the Site.
Your Privacy
Your privacy is important to us. Please also review our Privacy Policy, which details how your information is collected and used when you use our Site and Services. By using our Site and Services, you are consenting to the collection, use, disclosure, and other handling of your information as described in our Privacy Policy (as updated from time to time), which is incorporated into these Terms of Use and also governs your use of the Site.
License to Use Our Site
Gardeneur grants you a limited, non-exclusive, non-transferable, revocable, license (“License”) to access and use the Site pursuant to these Terms of Use.
These Terms of Use do not create any agency, partnership, joint venture, employment, or franchisee relationship between you and Gardeneur.
Account Registration
To make a purchase or sell an item on the Site, you must register for an account (“Account”). You must be at least 18 years old to register for an Account.
You agree that all of your registration information will be true and complete, and you will keep your Account information current and up to date. You agree to keep your Gardeneur username and password confidential, and to access the Site from devices that have up-to-date operating systems and security software.
You will be responsible for all purchases and sales made, and other activity that occurs, through your Account. If you are sharing your Account with others, then the person whose financial information is on the Account will be responsible for all activity. If you are registering as a business entity, you personally guarantee that you have the authority to agree to these Terms of Use on behalf of the business.
Please notify us immediately of any suspected unauthorized activity on your Account.
Sales by Sellers
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General. Third party sellers (“Sellers”) can list their products (“Products”) for sale on our Site. Sellers are required to provide certain information in their Accounts in order to be able to receive payment for their Products. Gardeneur will pick up the Products and deliver them to the buyers. Sellers will not receive payment until the Product they are selling is received by the buyer.
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Our Fees. The fees we charge to sellers for our Services (“Seller Fees”) on the Site are listed on our Site. By selling on our Site, Sellers authorize us to charge the Seller Fees to their Accounts. Gardeneur can also charge delivery fees to the buyers for its delivery service (“Delivery Fees”), which belongs to Gardeneur. Unless noted, fees are in US dollars. By selling Products on our Site, you are authorizing us to manage the transaction on your behalf and to deduct our Seller and Delivery Fees, and any sales taxes, or other taxes, from the transaction amount before sending you the remaining amount. Seller Fees will be partially or fully refunded if a partial or full refund is made to a customer.
Increasing Fees. We may increase our Seller and Delivery Fees from time to time by posting the changes on the Site 14 days in advance.
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Seller Liability for Fees. If you are a Seller, you are liable for Seller Fees arising out of all sales made using our Site, even if sale terms are finalized or payment is made outside of the Site. If you fail to pay Seller Fees, Gardeneur may collect amounts owed, plus any late fees, by charging a payment method on file with us (if any), retaining collection agencies and legal counsel, or suspending or limiting your Account.
Limiting your Sales. You understand that Gardeneur can terminate your Account or limit your selling privileges on our Site at any time and for any reason.
Purchases by Buyers
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Pricing and Taxes. Buyers can purchase Products sold by us or by third party Sellers on our Site (“Orders”) for the prices listed by us or the Sellers. Buyers will see our Delivery Fee (if any) as well as the amount of tax owed for each Order, if applicable. Payments are securely processed by Stripe. Gardeneur does not store your credit/debit card information. By purchasing on our Site, you are authorizing us to manage the transactions on behalf of Sellers.
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Errors. Pricing errors and other errors occasionally occur on the Site. We reserve the right to cancel any Orders containing pricing errors or other errors at any time without further obligation to you, including after you have received a confirmation of your Order.
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Acceptance of Order. The receipt of an order number or an email confirmation does not constitute the acceptance of an Order by us or a confirmation of an offer to sell. Gardeneur reserves the right, without prior notification, to limit the order quantity on any item and/or to refuse service to any customer. If any Product you request becomes unavailable on the Site, we may cancel your Order. Verification of information may be required prior to the acceptance of an Order. Prices and availability of Products on the Sites are subject to change without notice.
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Delivery Services. We will pick up the Product from the Sellers and deliver them to the address you provide us. We will give you an estimated time of delivery but do not make guarantees on delivery times. No refunds will be granted as a result of later deliveries. Sellers may also drop off Products at our hubs, and buyers can pick up Products from our hubs. Sellers may give an estimated time of shipment for some Products.
Proprietary Rights
The Site contains valuable trademarks and service marks owned by Gardeneur, or other content providers (such as Sellers). All content on the Site (including, for example, text, designs, graphics, logos, icons, images, audio clips, downloads, interfaces, information, code and software, and the selection and manner of compilation and presentation), is owned by Gardeneur, other content providers, or their licensors, and may be protected by copyright, trademark, and other applicable laws.
Your access to, and use of, the Site does not grant you any license or right to use any trademark, logo, or service mark displayed on the Site. Gardeneur, other content providers, or their licensors, retain full and complete title to and reserve all rights in the material on the Site, including all associated intellectual property rights. Gardeneur neither warrants nor represents that your use of materials on the Site will not infringe rights of third parties.
Any other use of the material on the Site, including, without limitation, the modification, distribution, transmission, performance, publication, uploading, licensing, reverse engineering, transfer, or sale of, or the creation of derivative works from any material, information, software, products, or services obtained from the Site, or use of the Site or any content on the Site for purposes competitive with Gardeneur or for other commercial purposes, is expressly prohibited. You agree to abide by all additional restrictions displayed on the Site as they may be updated from time to time.
Content You Submit
You may create, provide, post, or upload certain content (“Your Content”) on your Account profile, forums, or other parts of the Site, including but not limited to, business names, a description of yourself or your business, Product listings with photos and descriptions, profile pictures, reviews, comments, requests for Products, videos, usernames. You are solely responsible for Your Content and the consequences of posting or publishing it. By providing or uploading Your Content, you represent that (i) Your Content is consistent with the Acceptable Use provision in Section 9 below, is accurate, and is not false or misleading, and (iii) you have proper ownership or license to grant Gardeneur, and do grant Gardeneur, a non-exclusive worldwide, irrevocable, perpetual, royalty-free license to display, reproduce, and use Your Content in the provision of service to you and others.
For all communications with Gardeneur, including but not limited to feedback, questions, comments, and suggestions: (i) you will have no right to confidentiality in your communications and Gardeneur will have no obligation to protect your communications from disclosure; (ii) Gardeneur will be free to reproduce, use, disclose and distribute your communications to others without limitation; and (iii) Gardeneur will be free to use any ideas, concepts, know-how, content or techniques contained in your communications for any purpose whatsoever, including, but not limited to, the development, production and marketing of products and services that incorporate such information.
Reporting Unauthorized Content
If you believe in good faith that any content that you own or have rights to has been posted to the Site without your permission and you want it removed, please email admin@gardeneur.com, pursuant to the Digital Millennium Copyright Act of 1998. Your notice must include: (i) identification in sufficient detail of the copyrighted work that you claim has been infringed; (ii) identification of the URL or other specific location on the Site that contains the material that you claim to be infringing your copyright; (iv) the electronic or physical signature of the owner of the copyright or a person authorized to act on the copyright owner's behalf; (v) a statement that you have a good faith belief that use of the material on the Site is not authorized by the copyright owner or its agent or the law; and (vi) a statement that you swear under penalty of perjury that the information contained in your notice is accurate and that you are the copyright owner or that you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
If Your Content is alleged to infringe on another person’s intellectual property, we will take appropriate action, such as disabling it if we receive proper notice or terminating your Account. You will have an opportunity to file a counter notification if you believe that Your Content has been removed as a result of a mistake.
Acceptable Use of the Site
As a condition of your license to use and access the Site, you agree that you will not do any of the following:
Use the Site if you are under the age of 18 or otherwise unable to enter into binding legal agreements;
Share your Account or password with others;
Use the Site unlawfully or for an unlawful purpose;
Post, upload or transmit any of Your Content that is illegal, abusive, defamatory, threatening, harassing, obscene, vulgar, racist, or which constitutes hate speech;
Use the Site in a manner that is fraudulent or deceptive;
Fail to pay for Products purchased by you;
Fail to make available items sold by you;
Stalk, harass, or harm another individual;
Impersonate another, misrepresent or falsely identify yourself;
Use any device, software or routine to interfere or attempt to interfere with the proper working of the Site;
Take any action that imposes an unreasonable or disproportionately large load on Gardeneur's servers; or
Use any robot, spider or other automatic device, or a manual process, to collect or harvest information about users or Products for sale.
You understand that plant and garden related Products that you buy or sell may be subject to state or country requirements and that it is your responsibility to meet applicable legal requirements in applicable jurisdictions, and to obtain any permits or licenses, such as nursery licenses, that are required. You may not sell anything that violates any laws.
Email Communications
You consent to receive communications from us electronically, including emails, SMS messages, mobile push notices, or notices and messages in your Account. You can manage these preferences by emailing us from your Account settings, including whether you want to receive our newsletters, and how often, as well as if you would like to get email notifications when certain activities related to your Account occur.
You agree that all agreements, notices, disclosures, and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing (“Required Notices”). You may withdraw such consent to receive Required Notices electronically by sending an email to admin@gardeneur.com. In order for Gardeneur to send your Required Notices in the mail, which may be at your expense, you must have a current mailing address on file in your Account.
Refund Policy
Our refund policy varies from Seller to Seller. Please see the Site for more details on our refund policy. As a buyer, it is your responsibility to know a Seller’s refund policy before purchasing from a Seller. You have 10 days to file a dispute from the day you receive your Product. We hope that the Seller settles the matter with you amicably. However, if this does not occur within 7 days, Gardeneur will make the final judgement based on the evidence. In the event a refund requires the Product to be returned to the Seller, such return is the responsibility of the buyer. Gardeneur is not responsible for any cost associated with the return of any Products.
By making a purchase on our Site, you agree to release Gardeneur from any claims, demands, and damages arising out of disputes with Sellers or other users. By selling Products on our Site, you agree to accept Gardeneur’s decision on refunds to buyers. Gardeneur can terminate your Account and ability to sell your Products on our Site at any time, including if you do not abide by our refund policy or if issues arise with your Products.
Limitation of Liability
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Products You Purchase. You understand that Gardeneur does not manufacture, store, or inspect the Products produced and listed by independent Sellers through the Site. We provide the marketplace, manage the payment, pick up and deliver the Products. Therefore, Gardeneur cannot and does not make any warranties about any Product’s existence, quality, safety, or legality. Gardeneur does not guarantee the ability of Sellers to sell items or that they will actually complete a transaction or allow any refunds. Any legal claim related to a Product that you purchase must be brought directly against the Seller of the Product. You release Gardeneur from any claims related to Products sold through our Site, including for defective Products, misrepresentations by Sellers, or Products that caused physical injury (like product liability claims).
Products you Sell. Gardeneur does not guarantee the ability for buyers to pay for items, or that a buyer will actually complete a transaction or return an item if requesting a refund.
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Content You Access. You may come across materials that you find offensive or inappropriate while using our Site. We make no representations concerning any content posted by users through the Site. Gardeneur is not responsible for the accuracy, copyright compliance, legality, or decency of content posted by users that you access through the Site. You release us from all liability relating to that content.
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People You Interact With. If you use the Site to interact with other individuals, either online or in person, you understand that we do not screen users of our Site, and you release us from all liability relating to your interactions with other users. It is important that you be careful and exercise caution and good judgment in all interactions with others, especially if you are meeting someone in person.
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Third-Party Websites. Our Site may contain links to third-party websites or services that we do not own or control. You may also need to use a third party’s product or service in order to use some of our Services. When you access these third-party services, you do so at your own risk. Gardeneur makes no claim and accepts no responsibility regarding the quality, nature or reliability of the third-party websites or services. The third parties may require you to accept their own terms of use. Gardeneur is not a party to those agreements; they are solely between you and the third party.
IN NO EVENT SHALL GARDENEUR, ITS OFFICERS, DIRECTORS, AGENTS, AFFILIATES, EMPLOYEES, ADVERTISERS, OR DATA PROVIDERS BE LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL OR PUNITIVE DAMAGES (INCLUDING BUT NOT LIMITED TO LOSS OF USE, LOSS OF PROFITS, OR LOSS OF DATA) WHETHER IN AN ACTION IN CONTRACT, TORT (INCLUDING BUT NOT LIMITED TO NEGLIGENCE), EQUITY OR OTHERWISE, ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OF THIS SITE OR SERVICES, OR THE PRODUCTS SOLD ON THE SITE.
IN NO EVENT SHALL GARDENEUR’S AGGREGATE LIABILITY FOR ANY DAMAGES EXCEED THE GREATER OF ONE HUNDRED ($100) US DOLLARS OR THE AMOUNT YOU PAID GARDENEUR IN THE PAST TWELVE MONTHS.
No Warranty
THE SITE AND ANY PRODUCT MADE AVAILABLE TO YOU THROUGH THE SITE IS PROVIDED “AS IS”. GARDENEUR MAKES NO WARRANTIES, EXPRESSED OR IMPLIED, AND HEREBY DISCLAIMS AND NEGATES ALL WARRANTIES, INCLUDING WITHOUT LIMITATION, IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT OF INTELLECTUAL PROPERTY OR OTHER VIOLATION OF RIGHTS. FURTHERMORE, GARDENEUR DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS CONCERNING THE ACCURACY, LIKELY RESULTS, OR RELIABILITY OF THE SITE.
WE DO NOT GUARANTEE THAT: (I) THE SERVICES WILL BE SECURE OR AVAILABLE AT ANY PARTICULAR TIME OR LOCATION; (II) ANY DEFECTS OR ERRORS WILL BE CORRECTED; (III) THE SERVICES WILL BE FREE OF VIRUSES OR OTHER HARMFUL MATERIALS; OR (IV) THE RESULTS OF USING THE SERVICES WILL MEET YOUR EXPECTATIONS. YOU USE THE SERVICES SOLELY AT YOUR OWN RISK.
SOME JURISDICTIONS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES, SO THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.
Indemnification
If Gardeneur gets sued because of something you did, you agree to defend and indemnify us. That means that you agree, to the fullest extent permitted by applicable law, to indemnify, defend, and hold harmless Gardeneur and its subsidiaries and affiliates, and as to each, their officers, directors, employees, contractors, agents, licensors, service or third party providers, subcontractors, and suppliers, from and against, any and all losses, liabilities, expenses, damages, and costs, including reasonable attorneys’ fees and court costs, arising out of or relating to your access to, or use of, the Site, any of Your Content that you post or submit to the Site, your violation of law or infringement of the rights of a third party, or your other violation of these Terms of Use.
Gardeneur reserves the right, at its own expense, to assume exclusive defense and control of any matter otherwise subject to indemnification by you and, in any case, you agree to cooperate with Gardeneur if and as requested by Gardeneur in the defense of such matter.
Outages
Gardeneur periodically schedules system downtime for the Site for maintenance and other purposes. Unplanned system outages may also occur. You agree that Gardeneur has no responsibility and is not liable for: (a) the unavailability of any of the Site; (b) any loss of data, information or materials caused by such system outages; (c) the resultant delay, mis-delivery or non-delivery of data, information or materials caused by such system outages; or (d) any outages caused by any third parties, including without limitation any companies or servers hosting any of the Site, any Internet service providers or otherwise.
Termination
You may terminate your Account with Gardeneur at any time from your Account settings. If you delete your Account, your personal information (name, phone number, address, email, profile picture, etc.) will be deleted permanently and cannot be recovered. All the listings you have created will be removed. You will not be able to reactivate your Account. However, information where other members are involved (conversations with other people, transactions you have made, reviews you have given to others, etc.) is not removed when you delete your Account, but your name will no longer be displayed next to this information.
We may close your Account at any time in our sole discretion and without notice to you. This means we can close (or suspend) your Account if we believe you are using the Site in a manner not intended by us or in a way that violates our Terms of Use, or for any other reason. In no case will Gardeneur’s closure of your Account, or reduction of your access to the Site, waive or affect any other right or relief to which Gardeneur may be entitled.
We may change, suspend, or discontinue any of the Services provided on our Site at any time, for any reason. We will not be liable to you for the effect that any changes to the Site may have on you, including your income or your ability to generate revenue through the Site.
These Terms of Use will remain in effect even after your access to the Site is terminated, or your use of the Site ends.
Resolution of Disputes
We hope to be able to settle any disputes with you. If we cannot, these provisions will govern any legal disputes.
Choice of Law. The Terms of Use shall be governed by the laws of the State of California without regard to its conflict of law provisions.
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Disclaimer. YOU AND GARDENEUR AGREE TO GIVE UP ANY RIGHTS TO LITIGATE CLAIMS IN A COURT OR BEFORE A JURY OR TO PARTICIPATE IN A CLASS ACTION OR REPRESENTATIVE ACTION WITH RESPECT TO A CLAIM. OTHER RIGHTS THAT YOU WOULD HAVE IF YOU WENT TO COURT, SUCH AS ACCESS TO DISCOVERY, ALSO MAY BE UNAVAILABLE OR LIMITED IN ARBITRATION.
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Prior to Arbitration. Prior to initiating any arbitration, the initiating party will give the other party at least 60-days' advanced written notice of its intent to file for arbitration. Gardeneur will provide such notice by email to your email address on file in your Account and you must provide such notice by email to admin@gardeneur.com. During such 60-day notice period, the parties will endeavor to settle amicably by mutual discussions any disputes. Failing such amicable settlement and expiration of the notice period, either party may initiate arbitration.
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Arbitration. Any controversy or claim arising out of or relating to these Terms of Use or the Site will be settled by binding arbitration in accordance with the commercial arbitration rules of the American Arbitration Association ("AAA"). Any such controversy or claim must be arbitrated on an individual basis, and must not be consolidated in any arbitration with any claim or controversy of any other party. The arbitration must be conducted in the County of San Francisco, California, and judgment on the arbitration award may be entered into any court having jurisdiction thereof. Either Gardeneur or you may seek any interim or preliminary relief from a court of competent jurisdiction in the County of San Francisco, California, as necessary to protect the rights or property of you or Gardeneur.
Miscellaneous
No Waiver. Gardeneur's failure to exercise or enforce any right or provision of the Terms of Use will not be deemed to be a waiver of such right or provision.
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Entire Agreement. These Terms of Use, together with the Privacy Policy, and any amendments and additional agreements you might enter with Gardeneur in connection with our Site, shall constitute the entire agreement between you and Gardeneur concerning the Site and our Services, and shall supersede any prior terms you had with Gardeneur regarding the Site and our Services.
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Severability. If any provision of these Terms of Use is deemed invalid, then that provision will be limited or eliminated to the minimum extent necessary, and the other provisions of these Terms of Use shall remain in full force and effect.
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Limitation of Claims. Regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to your use of the Site or Services must be filed within one (1) year after such claim or cause of action arose, or else that claim or cause of action will be barred forever.
How to Contact Us
If you have any questions or comments, please contact us by:
(1) emailing us at admin@gardeneur.com;
(2) contacting us by phone at 408-878-6798; or
(3) mailing us at the following address: 15065 Herring Ave. San Jose CA 95124
Gardeneur Privacy Policy
Last Updated: July 29, 2021
Introduction
Gardeneur, Inc. (“Gardeneur”, “we”, “us” or “our”) respects your privacy and is committed to protecting it. This is the Privacy Policy for www.gardeneur.com and all corresponding domains, subdomains, web pages and websites associated therewith (the “Site”), and any other content, applications, features, functionality, information, and services offered by us through the Site (collectively the “Services”), and it applies to all users of the Services, whether you are accessing and/or using the Services as a registered user or otherwise. The terms “you”, “your” or “user” means the users of the Site.
This Privacy Policy governs only the information we collect in connection with your use of the Services. This Privacy Policy does not cover any other information collected in any other manner or collected by any other entity, unless specifically stated.
Please also review our Terms of Use which governs your use of the Services. Any capitalized terms that are not defined in this Privacy Policy shall have the meaning given in the Terms of Service Agreement.
By using the Services, you are consenting to the practices described in this Privacy Policy.
Information We Collect or Receive
We generally collect two types of information from and about you in connection with the Services:
Personal Information. Information that identifies, relates to, or could reasonably be linked to you, such as your name, email address, physical address, telephone number, social security number, records of products or services purchased, internet browsing history, geolocation data, information regarding interaction with a website, professional information, and inferences drawn from personal information to create a profile about your preferences and characteristics (collectively “Personal Information”). It does not include information that is aggregated, deidentified, legally publicly available, or information that cannot be reasonably linked to you.
Non-Personal Information. All other information other than Personal Information, which does not personally identify you (“Non-Personal Information,” together with Personal Information shall be collectively referred to herein as “Information”).
We collect Information from multiple sources, including:
Information You Give Us
Registration Information. Information you submit to register for the Services, including, without limitation, in order to create your Gardeneur profile and account (“Account”). This includes a valid email address, your first and last name, a username, and a profile picture. You may modify this information via your Account settings.
Necessary Information to Sell or Buy Products. Information you submit in order to sell or buy Products on our Site, such a business name and description, Product listing information and photos, telephone number, shipping address, pick-up and delivery instructions, and billing and payment information (which includes billing contact name, address, telephone number, last 4 digits of your social security number, birth date, credit card number, photo identification, and bank account information).
Necessary Information to Use Other Features. Information about yourself and additional consents in order to personalize and/or allow you to participate in and/or use certain features and functionality of the Services.
Necessary Information for Our Communication with You. Information about you and additional consents in order to receive newsletters, email correspondence, communication with mobile devices via SMS and/or other communications and notifications from us in order for us to provide up-to-date information about the Services, and to publicize and promote certain content, products and services offered by us, our business partners and/or other third parties. We will ask you to confirm your consent to any such uses at the time you sign up for these services or communications.
Support Information. Information you provide to us when you contact us for technical, operational, or other support or otherwise provide any comments or feedback to us.
Information from Third Parties
Third Party Services. When you connect a third party service (Facebook, Google, LinkedIn, etc.) (collectively “Third Party Services”) to the Services or enable functionality from Third Party Services as part of your use of the Services, we may receive information from the applicable provider of the Third Party Service that you have consented to be shared pursuant to its terms and conditions, whether made available via an application programming interface or otherwise, as well as other Information about you or your use of the Services within that Third Party Service. Such functionality may also perform actions on your behalf on the Third Party Service that are known to the Third Party Service or others. Even if you delete your account on a Third Party Service, we will retain any Information provided by that Third Party Service. Similarly, if you delete or deactivate your Account on the Services, any Information that we have shared with Third Party Services (in accordance with this Privacy Policy) may be retained by those Third Party Services subject to their privacy policies. We strive to work only with third parties that adhere to data privacy practices at least as protective of users as this Privacy Policy.
Other Sources. We may supplement the Information we collect with information from other sources, such as publicly available information from commercially available sources and information from our affiliates or business partners.
Automatically Collected Information
We may automatically collect certain Information about your equipment, browsing actions and other patterns by using certain automatic data collection technologies when you visit, access and/or interact with the Services, including:
Log Files. When you use the Services, our servers automatically collect certain Information including Information that your browser and/or device sends whenever you visit a website and/or use the applicable device. Such Information may include your IP address, browser type and settings, and other usage data.
Information about Your Device. We may also collect Information about the device that you access and/or use the Services on, including what type of device it is, unique device identifiers, the location of your device, and other data provided by your applicable third party service provider and/or device manufacturer. You should read the policies of such third parties in order to learn more about what Information your device makes available.
Other Non-Personal Information. Other Non-Personal Information related to your use of the Services, including usage, traffic data and other communication data, and resources that you access when you interact with the Services.
Automatic Data Collection Technologies
The Technologies We Use
The Information we collect automatically helps us to improve our Services and to deliver a better and more personalized user experience by enabling us, among other things, to store information about your preferences and to customize our Services. The technologies we use for this automatic data collection may include:
Cookies (or browser cookies). A cookie is a small file placed on your device. You may refuse to accept browser cookies by activating the appropriate setting on your browser. However, if you select this setting you may be unable to access certain parts of the Services. Unless you have adjusted your browser setting so that it will refuse cookies, our system will issue cookies when you direct your browser to the Services.
Flash Cookies. Certain features of the Services may use local stored objects (or Flash cookies) to collect and store Information about your preferences and navigation to, from and on the Services. Flash cookies are not managed by the same browser settings as are used for browser cookies.
Web Beacons. Pages of the Services may contain small electronic files known as web beacons (also referred to as clear gifs. pixel tags and single-pixel gifs) that permit Gardeneur, for example, to count users who have visited those pages and/or for other related statistics.
Opting Out of Use of Tracking Technology
Most browsers are initially set to accept cookies (other than Flash cookies), but you can change your settings to notify you when a cookie is being set or updated, or to block cookies altogether. Please consult the “Help” section of your browser for more information. Users can manage the use of Flash technologies, with the Flash management tools available at Adobe’s website, see http://www.adobe.com/products/flashplayer/security/privacy_policy/faq.html .
Certain browsers transmit “do-not-track” signals to the websites in which such browsers communicate with; however, this feature, and how it is used and activated, varies from browser to browser. It is not clear whether the signals are intentionally transmitted by a user, or whether a user is even aware of this. Despite current efforts, there is still disagreement amongst leading Internet standards organizations, industry groups, technology companies and regulators, concerning what, if anything, websites should do when they receive such signals, and no standard has been adopted to date. With respect to “do not track signals”, we currently do not take action in response to these signals, but, if a standard is established and accepted, we may reassess how to respond to these signals.
Please note that by blocking any or all cookies you may not have access to certain features, content and/or other personalization available through the Services.
Third Party Advertising Service Providers
The Services may also use a variety of third party advertising networks, data exchanges, traffic measurement service providers, marketing analytics service providers and other third parties (collectively, “Third Party Advertising Service Providers”) to, for example, serve advertisements on the Services, facilitate targeting of advertisements, and/or measure and analyze advertising effectiveness and/or traffic on the Services.
These Third Party Advertising Service Providers do not have access to any tracking technologies set by the Services except to the extent necessary to provide services to us in connection with the Services. However, these Third Party Advertising Service Providers may use their own tracking technologies to collect similar Information. Gardeneur does not control these Third Party Advertising Service Providers, and/or their use of tracking technologies, which is instead governed by the privacy policies of the Third Party Advertising Service Providers.
For more information about Third Party Advertising Service Providers and similar entities that use tracking technologies, see www.aboutads.info/consumers, and to opt-out of such Third Party Advertising Service Providers advertising practices, go to www.aboutads.info/choices.
Purposes for Collecting Personal Information
We use your Personal Information to operate, provide, and improve the Products and Services that we offer our customers. These purposes include:
Purchase and delivery of Products and Services. We use your Personal Information to maintain your Account, take and process orders, deliver Products and Services, process payments, and communicate with you about orders, Products and Services, and promotional offers.
Your Use of the Services. We use your Personal Information to allow you to submit, post, publish and otherwise make available your content on the Site and to communicate with other users of the Site, including uploading listing photos and descriptions, reviews, and messages.
Provide, Troubleshoot, and Improve the Services. We use your Personal information to provide functionality, analyze performance, fix errors, and measure and improve the usability and effectiveness of the Services.
Comply with legal obligations. In certain cases, we collect and use your Personal Information to comply with laws. For instance, we collect from Sellers information regarding place of establishment and bank account information for identity verification and other purposes.
Communicate with you. We use your Personal Information to communicate with you in relation to the Services via different channels (email, SMS, messages in your Account Inbox etc.), send you newsletters, provide you with customer support, verify your identity, and to respond to your inquiries and requests.
Recommendations and personalization. We use your Personal Information to recommend features, products, and services that might be of interest to you, identify your preferences, and personalize your experience with the Services. Part of our Services is to customize your on-site experience to help you search for and discover relevant items and recommended purchases, including using this information to help Sellers find the best ways to market and sell their products on the Site.
Advertising and Marketing. We may use your Personal Information to improve your experience with both online and offline Services by delivering content that you will find relevant and interesting, including advertising and marketing messages from us and third parties.
Fraud Prevention and Credit Risks. We use Personal Information to verify your identity, prevent and detect fraud and abuse in order to protect the security of our customers, Gardeneur, and others. We may also use scoring methods to assess and manage credit risks.
Sharing Your Personal Information
We do not sell your Personal Information to third parties. However, we may disclose the Personal Information we collect to third parties in order to provide the Services (and all features of the Services) to you, including, without limitation, as follows:
Transactions Involving Third Parties. We make available to you Services, and Products provided by third parties for use on or through the Services. For example, you can buy Products from third parties through our Site. As part of the buying and selling process, Gardeneur will facilitate the sharing of Personal Information between buyers and Sellers involved in transactions, such as a buyer’s shipping address and payment status. You can tell when a third party is involved in your transactions, and we share customers' Personal Information related to those transactions with that third party.
Third-Party Service Providers. We employ other companies and individuals to perform functions necessary for the Services on our behalf. Examples include fulfilling orders for Products or Services, delivering Products, sending postal mail or email, sending SMS messaging, removing repetitive information from customer lists, analyzing data, providing marketing assistance, providing search results and links (including paid listings and links), processing payments, transmitting content, scoring, assessing and managing credit risk, and providing customer service. These third-party service providers have access to Personal Information needed to perform their functions, but may not use it for other purposes. They will process your Personal Information in accordance with their own privacy policies.
Protection of Gardeneur and Others. We release Account and other Personal Information when we believe release is appropriate to: (i) comply with the law or legal process; (ii) enforce or apply our Terms of Use and other agreements; (iii) protect the rights, security, property, or safety of Gardeneur and its respective employees, agents, and contractors; (iv) protect the safety, privacy, and security of users of the Services or members of the public; (iv) protect against fraud or for risk management purposes; and/or (v) respond to requests from public and government authorities. This includes exchanging information with other companies and organizations for fraud protection and credit risk reduction.
Business Transfers. If Gardeneur sells all or part of its business or makes a sale or transfer of its assets or is otherwise involved in a merger or transfer of all or a material part of its business, Gardeneur may transfer your Personal Information to the party or parties involved in the transaction as part of that transaction.
Other than as set out above, you will receive notice when Personal Information about you might be shared with third parties, and you will have an opportunity to choose not to share the Personal Information. We may use any and all Non-Personal Information collected from or about you for any reasonable purpose that is necessary to provide the Services or other related product and/or service requested. You can choose to opt-out of certain disclosures of your Personal Information to third parties.
Retention of Your Information
We retain your Information for as long as it is needed to provide you with Services, or for other purposes described in this Privacy Policy, and for as long as legal required. We do not retain your Information for longer than is necessary for these purposes. The retention period for any particular Information will vary depending on the nature of that Information and the purposes for which it is collected and processed, your exercise of the rights set forth below, and applicable laws.
User Rights
We strive to provide you with the ability to access, review, correct, update, suppress, delete, or otherwise limit our use of the Information you have previously provided directly to us, including:
Via Your Account Settings. If you have registered for an Account, you may have the ability to access and use certain features and functionality that provide you with the ability to set certain privacy, permissions, and Account options. Please be aware that that if you limit the collection of certain Information, you may not be able to use all of the features and functionality of the Services.
Via Email/Mail. You may also contact us by email or mail using the contact information under the “Contact Us” section below. In your request, please provide your state or country of residence, a description of your user activity (whether you are a registered user, whether you are a Seller or buyer, approximate date you began using the Services) and specify clearly what Information you would like to access, change, update, suppress, or delete.
Additionally, you may opt-out of:
Electronic Communications from Us. If you no longer want to receive marketing-related emails from us on a going-forward basis, you may opt-out of receiving these marketing-related emails by (a) changing or editing your preferences of your Account using the Account settings (as described above), (b) contacting us via email in accordance with the procedure set forth above, and/or (c) using the opt-out mechanism that is contained in each such email. Please note that there are certain service notification emails that you may not opt-out of, such as notifications of changes to the Services or policies.
SMS messaging. You may terminate SMS messaging by replying “STOP”. SMS messaging will be terminated promptly unless you provide subsequent consent to receive messages.
Third Party Marketing Purposes. You may request that we do not share your Personal Information on a going-forward basis with third parties for their direct marketing purposes by contacting us via email in accordance with the procedure set forth above.
For any of the foregoing requests, we may request certain Information to verify your identity. For all requests, we will strive to respond as soon as reasonably practicable.
California User’s Privacy Rights Notice
In addition to your rights provided for in the Privacy Policy above, if you are a California resident, you have additional rights in relation to your Personal Information, pursuant to the California Consumer Privacy Act of 2018 (“CCPA”). This California Privacy Rights Notice (“California Notice”) sets out those additional rights. Any terms defined in the CCPA have the same meaning when used in this California Notice.
Your Rights to Know, Access, Correct, and Delete Personal Information
To the extent provided by law, up to twice per year, you may request that we disclose to you free of charge:
the categories of Personal Information we collected about you in the 12-month period preceding your request;
the categories of sources from which the Personal Information is collected;
our business purpose for collecting, selling, or sharing Personal Information;
the categories of third parties with whom we share Personal Information;
the specific pieces of Personal Information we collected about you;
the categories of Personal Information about you that we sell or disclose to third parties.
You may request that we correct any inaccurate Personal Information that we collected from you. To the extent provided by law, you may also request that we delete your Personal Information.
If you would like to access, manage, change, correct, limit, or delete your Personal Information, you can do so via your Account settings. Alternatively, to exercise the rights described above, please mail or email your request using the contact information under the “Contact Us” section below.
We will confirm receipt of your request with 10 business days. We will respond to your request within 45 calendar days of receiving your request, and notify you if we need an additional 45 days to respond.
Verifying Requests
When you ask us to disclose specific pieces of Personal Information to you or to delete Personal Information we obtained from you, we have to verify your identity before processing your request. If we are unable to verify your identity we may deny your request at our discretion. As a part of this process, we will match the identifying information provided by you to the Persona Informational we have about you. We may ask for additional Personal Information such as government or other identification, along with your name, address history, and information about your previous interactions with us. More stringent verification is required if you do not have or cannot access your Account with us.
An Authorized Agent Can make Requests on Your Behalf
You may designate an authorized agent to make a request to access or a request to delete on your behalf. In order to designate an authorized agent to make a request on your behalf, you must provide the agent with a valid power of attorney. We will also request your valid government issued identification and the authorized agent’s valid government issued identification. We may verify the authenticity of the request directly with you, and may deny requests from authorized agents who do not submit sufficient proof that they have been authorized by you to act on your behalf, or are unable to verify their identity.
Categories of Personal Information We Collect
Pursuant to the CCPA, this section describes: 1) disclosure of the categories of your Personal Information we collected in the 12 months prior to the “Last Updated” date of this Privacy Policy; 2) identification of the categories of sources from which your Personal Information is collected; and 3) the categories of Personal information that we disclose to third parties, and the categories of third parties to whom the information is disclosed. Additional information about these categories can be found in the previous Privacy Policy sections above. The categories are as follows:
Identifiers. This includes information like your name, alias, postal address, online identifier, IP address, email address, account name and number, birthdate, driver’s license or other government issues identification, and last 4 digits of your social security number.
Categories of Sources Collected From. We collect these from: 1) you directly; 2) Third Party Services, such as social media; 3) automatic data collection technologies.
Categories of Third Parties Shared With. We may share these with: 1) Service providers, such as payment processors and delivery services; 2) Sellers or buyers of Products.
Other Personal Information protected under Cal. Civ. Code 1798.80(e). This includes your telephone number, billing address, credit or debit card information, signature, and bank account information.
Categories of Sources Collected From. We collect these from: 1) you directly.
Categories of Third Parties Shared With. We may share these with: 1) Service providers, such as payment processors and delivery services; 2) Sellers or buyers of Products.
Protected Classifications Under California or Federal Law. This includes demographics such as your age, marital status, race, religion, national origin, disability, sexual orientation, or gender. You may voluntarily provide such information in relation to specific marketing and advocacy projects and campaigns.
Categories of Sources Collected From. We collect these from: 1) you directly; 2) Third Party Services, such as social media.
Categories of Third Parties Shared With. We may share these with: 1) Service providers, such as survey providers.
Commercial Information. This includes records of Products, Products or Services purchased, obtained, or considered, or other purchasing or consuming histories or tendencies.
Categories of Sources Collected From. We collect these from: 1) you directly and our observations of your interaction with us; 2) Third Party Services; 3) service providers; 4) data vendors and brokers; 5) advertising networks; 6) automatic data collection technologies.
Categories of Third Parties Shared With. We may share these with: 1) Service providers.
Internet Activity Information. This includes your interactions with our Services and what led you to our Services, such as browsing history search history and information regarding your interaction with a website or advertisement.
Categories of Sources Collected From. We collect these from: 1) you directly and our observations of your interaction with us; 2) Third Party Services; 3) data vendors and brokers; 4) advertising networks; 5) automatic data collection technologies.
Categories of Third Parties Shared With. We may share these with: 1) Service providers, such service providers who help us gather crash reports for analyzing the health of our devices and Services.
Geolocation Data. This includes the location of your device or computer.
Categories of Sources Collected From. We collect these from: 1) you directly and our observations of your interaction with us; 2) Third Party Services; 3) service providers; 4) data vendors and brokers; 5) advertising networks; 6) automatic data collection technologies.
Categories of Third Parties Shared With. We don’t share this with any third parties.
Audio or Visual Information. This includes images and videos collected or stored in connection with the Services, including your profile photo and audio recordings.
Categories of Sources Collected From. We collect these from: 1) you directly.
Categories of Third Parties Shared With. We may share these with: 1) service providers, such as service providers who review any recordings of customer service phone calls for quality assurance purposes; 2) Sellers or buyers of Products, and other users of the Services.
Professional Information. This includes information Sellers may provide about their business.
Categories of Sources Collected From. We collect these from: 1) you directly and our observations of your interaction with us.
Categories of Third Parties Shared With. We may share these with: 1) Sellers or buyers of Products, and other users of the Services.
Inferences Drawn from Information. This includes information about your interests and purchase preferences.
Categories of Sources Collected From. We collect these from: 1) you directly and our observations of your interaction with us; 2) Third Party Services; 3) service providers; 4) data vendors and brokers; 5) advertising networks; 6) automatic data collection technologies.
Categories of Third Parties Shared With. We may share these with: 1) advertising networks.
The Purposes for Our Collection of Your Personal Information
The CCPA requires disclosure of the business or commercial purpose for our collecting and disclosing of your Personal Information. We collect, use, and disclose the categories of Personal Information for our business and commercial purposes described in the “Purposes for Collecting Personal Information” and “Sharing Your Personal Information” sections above, including providing and improving the Services, maintaining the safety and security of the Services, processing purchase and sale transactions, processing payments, and for providing advertising and marketing services.
Your Rights Regarding the Sale of Your Personal Information
We will not sell Personal Information about you, as defined under the CCPA. You do not need to “opt-out” or tell us to refrain from selling your information.
Your Right to Nondiscrimination
Limiting use of, or deleting, your Personal Information, or restricting certain Personal Information we may share with third parties, may impact features and uses that rely on the use of sharing of that information. However, we will not discriminate against you for exercising any of your rights under the CCPA, including otherwise denying you goods or services, providing you with a different level or quality of services, or charging you different prices or rates for Services.
Accessibility
If you have a disability and would like to access this policy in an alternative format, please contact us using one of the channels listed in the “Contact Us” section below.
Contact Us
If you have questions about these practices, you can contact us through one of the channels listed in the “Contact Us” section below.
Security
While no data transmission over the Internet is 100% secure from intrusion, we maintain commercially reasonable physical, electronic and procedural safeguards to protect your Information. Unfortunately, the transmission of information via the internet is not completely secure. Although we do our best to protect your Information, we cannot guarantee the security of your Information transmitted to or through the Services. Any transmission of Information is at your own risk. We are not responsible for circumvention of any privacy settings or security measures contained on the Services.
It is important for you to protect against unauthorized access to your password and to your computers and devices. Be sure to sign off when finished using a shared computer.
Linked Services
The Services may be linked to other sites and platforms operated by other companies, including, without limitation, Third Party Services. The Services may also feature advertisements from other third parties. Gardeneur is not responsible for the privacy practices of such other sites and platforms or other services operated by third parties that are linked to or integrated with the Services or for the privacy practices of Third Party Online Advertising Services. Once you leave the Services via such a link, access a third party application or click on an advertisement, you should check the applicable privacy policy of the third party.
Changes to Our Privacy Policy
It is our policy to post any changes we make to our Privacy Policy on the Services with a notice that the Privacy Policy has been updated on the Site homepage. If we make material changes to this Privacy Policy that expand our rights to use the Personal Information we have already collected from you, we will notify you and provide you with a choice about our future use of such Personal Information. Please look at the “Last Updated” date at the top of this Privacy Policy to see when this Privacy Policy was last revised. Any changes to this Privacy Policy will become effective immediately, when we post the revised Privacy Policy on the Services. Your continued use of the Site or Service following any such change constitutes acceptance of the updated Privacy Policy.
Contact Us
If you have any questions or comments, please contact us by emailing us at admin@gardeneur.com.