The information we collect is governed by United States ("US") law. By accessing or using our Website or otherwise providing information to us, you consent to the processing and transfer of information in and to the US and other countries.
- Information We Collect
When you use our Website, we collect the following types of information:
- Account information: When you use our Website you may need to create an account with us. In order to create an account, you will need to provide us with login credentials (which include your username and password), your name, email address, postal address, and phone number.
- General usage data: When you use our Website we may collect technical properties of hardware and software you use in conjunction with our Website. For example, we may collect the type and model of hardware and/or web browser you are using, referring or exit web pages, and the operating system version you are using.
When you use our Website we may also collect information about how long you use our Website in each session, features you use in our Website, how long you use our Website overall, the time and day you accessed our Website, etc.
We may record mouse clicks, movements, and other interactions with our pages or features to help us improve usability.
- Purchase and Payment Information: While payments made through our Website are processed through a third party, we may collect information to administer, manage, and fulfill the purchases you make. For example, we may collect your name, email address, account information, what is ordered, the date and time of the order, the quantity and price of the order, whether payment was made, method of payment, purchase history, and if you re-ordered.
- Third party information: If necessary to fulfill our identified purposes, we may combine the information you submit to us with information obtained from other sources or third party offerings. For example, we may receive personal information about you from third parties involved in providing you with the products, services, hardware and software you are utilizing, such as from your email, social media, and online file storage provider to facilitate the integration of those products, services and software with our Website. We treat all such personal information in accordance with this Policy and the terms and conditions between us and such third parties, if any, may also apply. However, the third party's own use of your personal information in such cases will be determined by your agreement(s) with the third party, unless that third party is one of our service providers.
- Quality assurance and customer service: Your customer service telephone calls and emails with us and our service providers, if any, may be recorded, logged, and/or monitored for quality assurance and customer service purposes such as to assist in addressing your inquiries, troubleshooting, training and analytics to identify trends and make improvements to our Website and customer service. As part of the recording and logging of the calls and emails, we will collect information like the identity of the caller or sender of email, the date and time of the call or email, and the subject and resolution of the issue.
Some of this information would not by itself identify you to us or be personally identifiable and is therefore considered non-personal information. If we combine any such non-personal information with other personal information available to us, the combined information will be treated as personal information in accordance with this Policy.
- Our Use of Information We Collect
We use the personal information we collect about you:
- to understand and meet your needs and preferences, and/or to provide you with our Website, for example:
- for purposes related to the billing, activation, provision, maintenance, support, troubleshooting, resolving of disputes, cancellation of service, upgrade, or update of our Website;
- to process and fulfill your order, send you emails to confirm your order status and shipment, send you products you order, and allow you to pay for products you order;
- to ensure our Website is technically functioning as intended and to help identify and troubleshoot issues;
- to fulfill or enforce any agreements or notices we provide and are associated with our Website (“Notices”);
- to manage or respond to your inquiries;
- to help us improve our Website; and
- to personalize our Website to your preferences;
- to communicate with you about upgrades to our Website and changes to our product offerings using various means, for example to make available or send to you upgrades or updates, or notices of upgrades or updates of the Website;
- to manage and develop our business and operations, for example;
- to detect, monitor, investigate, mitigate or attempt to prevent fraud and technical or security issues or to protect our property;
- to allow for business continuity and disaster recovery operations;
- to enforce our legal rights;
- for statistical purposes;
- if we believe your actions are inconsistent with the spirit or language of our user agreements or policies;
- In connection with, or during negotiations of, any merger, sale of our assets, financing, or acquisition of all or a portion of our business to another entity;
- to meet legal and regulatory requirements and to respond to emergency situations, for example:
- to respond to court orders, warrants or other lawful requests or legal processes;
- to provide emergency assistance in situations that may threaten the life or physical safety of you or others; or
- for any other purposes for which you have consented, such as those that may be set out in Notices, and other purposes as permitted or required by any applicable law.
Notwithstanding anything to the contrary contained in this Policy, we may remove personal identifiers from your information and maintain and use it in a de-identified form that may be combined with other information to generate aggregated information. Such de-identified and/or aggregated information will be deemed to be owned by us and we shall have unrestricted title, rights, and interest to the de-identified and/or aggregated information which may include, without limitation, the right to use, distribute, transmit, transfer, license, trade, rent, share, assign, and sell the de-identified and/or aggregated information. We will retain your personal information as long as necessary for the fulfillment of the identified purposes or as otherwise necessary to comply with applicable laws.
You may update your communication preferences anytime by writing us at firstname.lastname@example.org.
- To whom we Disclose your Personal Information
In accordance with this Policy, we may share your personal information:
- within our company and/or with our service providers such as a cloud service provider for data storage;
- with our financial, insurance, legal, accounting or other advisors that provide professional services to us;
- if we have your consent;
- with third parties involved in providing our Website to you which may include authorized merchants of record or payment processors;
- as necessary to complete any transactions using our Website;
- to respond to a subpoena, order, legal process, or government request;
- to protect, establish or exercise our legal rights or defend against legal claims;
- to investigate, detect, suppress, prevent or take action regarding illegal or prohibited activities, suspected fraud, situations involving potential threats to the reputation or physical safety of any person;
- as otherwise required by law; or
- if we are to be sold, merged, or amalgamated or substantially all of its assets are to be sold or disposed of, your personal information may be transferred to a potential purchaser if, and to the extent necessary, it is required for the purposes of deciding whether to proceed with the proposed transaction and completing it. If such a sale, merger, acquisition, or disposal is completed, we will use reasonable efforts to direct the transferee to use personal information you have provided to us in a manner that is consistent with this Policy. Following such a sale or transfer, you may contact the entity to which we transferred your personal information with any inquiries concerning the processing of that information.
We do not sell, trade, or otherwise transfer your personal information to any outside parties except under very limited circumstances. Those circumstances include disclosures to data processors and other trusted third parties who assist us in operating this Website, conducting our business or providing services to you, so long as those parties agree to keep this information confidential. We may also release your information when we believe release is appropriate to comply with the law, enforce our site policies, or protect ours or others’ rights, property, or safety.
We may de-identify and aggregate information to improve the design and functionality of our Website and for our internal business and administrative purposes. We may also share de-identified aggregated data with third parties for any purpose so long as it contains no personally identifiable information about you.
- Your Decisions About Your Personal Information
At any time you can contact us to: stop receiving emails from us; review the personal information held by us in connection with your account; withdraw your consent for our use and disclosure of your information; request a list of third parties to which we may have provided your personal information; close your account; and amend your personal information, by writing to us at PO Box 250, Hudson, New York 12534 or by emailing email@example.com. You can always unsubscribe from receiving promotional emails from us by simply clicking the “unsubscribe” link provided at the bottom of every promotional email from us. We will use commercially reasonable efforts to implement your opt-out requests promptly, but you may still receive communications from us for up to ten business days as we process your request.
If you contact us to do any of the things listed above, we may require you to provide sufficient personal information to allow us to identify you and tell you about the existence, use and disclosure of your personal information and this personal information will only be used for this purpose. If you contact us about your personal information, we will respond to your request within a reasonable time and at minimal cost or no cost to you in accordance with applicable laws, subject to our legal and contractual obligations. Usually, you may withdraw at any time your consent for us to collect, use, and disclose your personal information in accordance with this Policy, subject to legal or contractual restrictions and reasonable notice. As such, we may continue to collect, use, and disclose your personal information as may be required to provide you with our Website, and to the extent that we are contractually obligated to do so or as necessary to enforce any contractual obligations you may have with us. If you refuse to provide us with the information we require or later contact us to withdraw your consent for us to use and disclose your personal information, we may no longer be able to provide you with our Website.
When you visit our Website, we collect certain information by automated means, such as through server log files, cookies (text files sent to and stored on your device when you access the Website), web beacons (also known as clear GIFs and pixel tags, which may be used to transmit information back to the Website), and embedded scripts (programming code that is designed to collect information about your interactions with the Website, such as the links you click on, and which is active only when you are accessing the Website).
The information we collect in this manner may include details about the computer, mobile phone, or other device used to access the Website (such as browser type, operating system, and IP address), referring URLs and information on actions taken or interaction with our digital assets.
We may use third-party web analytics services to help us analyze how visitors use the Website. We may permit these third parties to operate directly on the Website, use their own technology (such as cookies or web beacons), and collect information about you on our behalf.
The information we collect in this manner is collected to enhance your user experience. For example, this information allows us to pre-fill form fields as well as provide you with contextual recommendations while using the Website.
When you visit our Website, we may allow some third parties (such as advertising networks and data analytics companies) to collect information about your online activities over time and across different Website. Your browser settings may allow you to automatically transmit a “Do Not Track” signal to Website and online services you visit. However, there is no consensus among industry participants as to what “Do Not Track” means in this context. Like many Website and online services, we currently do not alter our practices when we receive a “Do Not Track” signal from a visitor’s browser. To find out more about “Do Not Track,” visit http://www.allaboutdnt.com.
In some instances, we may also combine information we receive about you from third parties with information we collect through the Website.
Most web browsers are set to accept cookies by default. If you prefer, you can usually choose to set your browser to remove or reject browser cookies. Please note that if you choose to remove or reject cookies, our web applications, mobile applications, or certain features thereof, may no longer function.
Your personal information may be collected, used, processed, transferred, and retained in multiple countries including which may be outside the region in which you are situated and may have different privacy or data protection legislation, and may therefore be subject to the laws of these countries. If you are a resident of the European Economic Area or a country which restricts data transfers outside of that jurisdiction or region without your consent, by using our Website, you consent to your personal information being transferred outside of the European Economic Area or your country for processing or storage by or on behalf of us.
- Links to Other Sites
- Children’s Online Privacy Protection
Our Website is not intended for use by children. We do not knowingly collect or use any personal information from any children under 18 years of age. If you become aware that we have unknowingly collected personal information from a child under the age of 18, please contact us at team@Arqbotanics.com. If you are not 18 or older you are not authorized to use or Website. Parents should be aware that there are parental control tools available online that can be used to prevent children from submitting information online without parental permission or from accessing material that is or may be harmful to minors.
- (For California Residents) Your California Privacy Rights
As Provided by California civil code section 1798.100
A California resident who has provided personal data to a business with whom they have established a business relationship for personal, family or household purposes (A “Californian customer”) may request information about whether the business has disclosed their personal information to any third parties for the third parties direct marketing purposes. In general, if the business has made such disclosure of personal data, upon receipt of a request by the Californian customer, the business is required to provide a list of all third parties to whom personal data was disclosed in the preceding 12 months, as well as a list of the categories of personal data that were disclosed. California customers also have additional data protection rights with regard to their personal information under the California Consumer Privacy Act, including (1) the right to deletion, access and non-discrimination; and (2) the right to opt out of having your personal information shared or sold. We will not sell or share your personal information with third party companies without your consent. California customers may request further information about our compliance with this law or exercise their rights under this law by e mailing team@Arqbotanics.com. Please note that we are required to respond to one request per California customer each year and we are not required to respond to requests made by other means than through this e mail address.
The following are categories of personal information defined under the California Consumer Privacy Act that we may collect, receive, or maintain in the course of administering firm business or receive from a client in the course of providing legal services: Identifiers, Personal information described in the California Customer Records statute (Cal. Civ. Code § 1798.80(e)), Protected classification characteristics under California or federal law, commercial information, biometric information, Internet or other electronic network activity, geolocation data, sensory data, professional or employment-related information, non-public education information, and inferences drawn from other personal information.
- (For Nevada Residents) Your Nevada Privacy Rights
If you are a Nevada resident who visits our website you may review and request changes to any of your personal information that is collected on our website. Please refer to paragraphs 1(c)-(e) for information regarding information available to third party from your activities on our website. To exercise this right, please e-mail us at team@Arqbotanics.com. Any revision to this Notice required by changes to Nevada law will be posted on this website, so you are advised to review each time there is an update posted.
- Your European Union (EU) Data Protection Rights
The General Data Protections Regulations (GDPR) is a law in effect in the European Union (EU) aimed at protecting the personal data of residents of the EU. Residents of the EU who visit this Website should be aware of the following:
According to the European Commission, personal data includes any information relating to an individual, whether it relates to his or her private, professional or public life. It can be anything from a name, home address, photograph, email address, bank details, posts on social media sites, medical information or a computer’s IP address. Among the things considered to be personal data under the GDPR are the following:
- Identification information: name, telephone, physical and email address and government ID numbers
- Website data: location, IP address, cookie history and RFID tags
- Health, mental and genetic data
- Biometric data
- Racial, cultural or ethnic data
- Political opinions
- Sexual orientation
- Tagged photos
Under EU data protection laws, individuals may have certain data protection rights which may be subject to limitations and/or restrictions and which includes the right to request access to and, rectification or erasure of your personal information and the right to ask us to restrict the processing of your personal information. You have the right to object to processing of your personal information where carried out for our legitimate interest or direct marketing.
If you wish to exercise you right to withdraw your consent to our use and storage of your personal information please send us your request by sending an email to firstname.lastname@example.org. Individual EU residents may also have a right to lodge a complaint about the processing of their personal information with their local data protection authority.
Questions or Comments
If you have any questions or comments or wish to make a complaint about this Policy, please feel free to contact us by the mail, at Arq Botanics, PO Box 250, Hudson, New York 12534 or by email at team@Arqbotanics.com
Effective Date: April 13, 2021