Growic – Terms of Service
please read these terms of service carefully before using our services.
any dispute between you and us must be resolved by binding arbitration. please read the arbitration provision in these terms of service as it affects your rights under these terms of service.
1. You and Us
We are iGrou LLC aka Growic, the provider of the Growic service (“Growic,” “we,” “us,” and “our”). We provide our services online, including, potentially, via our app (the “Growic App”) and our website at Growic.com (the “Growic Site”), and other forms of communications (collectively, the “Services”).
We use the term “user” or “you” or “your” to mean any user of our Services. These Terms apply to each user.
These Terms of Service (“Terms”) govern your access to and use of our Services. By accessingor using the Services, you agree to be bound by these Terms as if these Terms were signed by you in ink on a hard-copy agreement. We may ask you to confirm that you agree to these Terms, including by taking particular actions, such as clicking a button labelled “I Agree” or “BuyNow” or using the Services. Any personally-identifiable information about you or anyone else may be stored on or through the Services (“Personal Data”). During the term of this Agreement and provided that you are not in breach thereof, Growic hereby grants you permission to use thesoftware (“Software”) included in the Growic App and/or the Growic Site as part of the Services. Such rights to use the Software are revocable by Growic, and are not sublicensable. Moreover, the Software must be used solely for personal use by you and you do not have any rights to copy, retain copies of, modify, disclose, or exhibit the Software.
2. Content
Any information, text, graphics, photos or other materials uploaded, downloaded or appearing on our Services, including all Personal Data, are collectively referred to as “Content”. When youprovide Content to us (“your Content”), you warrant to us that you have all rights necessary to provide your Content to us.
In addition to your Content, some of the Content on the Services is owned by us (“Growic Content”), and by Partners and other entities (“Third Party Content”). You may use Growic Content and Third Party Content for your personal use only. Except for your Content, you may not share any Content with any other person or entity without the prior written permission of the owner of that Content. For example, you would need to obtain our prior written permission prior to re-posting any Growic Content to another website or sharing it with others.
We own the Growic Content and the Services, and all intellectual property associated therewith,including copyrights and trademarks. You may not remove, alter or conceal any copyright, trademark, service mark or other proprietary rights notices in or accompanying the Services or any of the Content other than your Content. You may not reproduce, modify, adapt, prepare derivative works based on, perform, display, publish, distribute, transmit, broadcast, sell, licenseor otherwise exploit the Services or any Content, other than your Content.
All Content, whether publicly posted or privately transmitted, is the sole responsibility of the person that originates the Content. We do not monitor the Content posted via the Services. Except for Growic Content, Growic will not be liable for any Content, including but not limited to any errors or omissions in any Content, or any loss or damage of any kind incurred arising out of the Content or any use of any Content.
Your use of or reliance on any Content or materials posted on the Services or obtained by you through the Services is at your own risk. We do not endorse, support, represent or guarantee the completeness, truthfulness, accuracy, or reliability of any Content or communications postedvia the Services. We do not endorse any opinions expressed via the Services.
You understand that by using the Services, you may be exposed to Content that might be offensive, harmful, inaccurate or otherwise inappropriate, or in some cases, postings or Content that have been mislabeled or are otherwise deceptive.
For any Content that you provide to us (“your Content”), you grant Growic and agree to grant Growic a nonexclusive, perpetual, irrevocable, worldwide, unlimited, assignable, sublicensable, transferable, fully paid-up and royalty-free right and license to copy, prepare derivative works of,improve, distribute, publish, remove, retain, add, process, analyze, use and commercialize your Content in any form, format or process now known or hereafter discovered, via the Services or otherwise, including but not limited to any user-generated Content, ideas, concepts, techniques or data, without any further consent by you, and without any notice or compensation to you or toany third parties (“Content License”). Except for the Content License you grant to us, you retain all ownership or other rights you may have to your Content. Prior to providing us with your Content, you should retain a copy of your Content in a safe place accessible to you.
You are responsible for your use of the Services, for your Content, and for the consequences of what you do.
3. User “Do’s” and “Don’ts”
As a condition to your right to access and use the Services, you agree to these Terms and to strictly observe the following Do’s and Don’ts.
Do the following:
Do comply with all applicable laws, including, without limitation, privacy laws, intellectual property laws, export control laws, tax laws, and regulatory requirements.
Do provide accurate information to us and update it as necessary.
Do review our Privacy Statement, which may change from time to time.
Do review and comply with notices sent by us concerning the Services.
Do the following:
Don’t act dishonestly, inappropriately or unprofessionally by posting inappropriate, inaccurate, or objectionable Content.
Don’t use software, devices, scripts, robots or other means or processes to access, “scrape,” “crawl” or “spider” any web pages or other part of the Services.
Don’t override any security component included in or underlying the Services.
4. How Old are You?
You must be at least 18 years old to register with us and use the Services. You warrant that youhave the right, authority and capacity to enter into these Terms as a binding agreement.
If anyone under the age of 18 (“Young Person”) provides any Content to us, the Young Person’sparent or guardian may contact us at one of the addresses listed below in the “Contact Us” section. We will delete any Content provided by the Young Person.
5. Privacy
As noted in our Privacy Statement, and subject to applicable data protection, privacy and security laws and regulations, we provide the Services from within the United States, and we currently store all personally-identifiable information (“Personal Data”) of users that we collect and retain on servers inside the United States. At any time after the date of these Terms, we may also choose to store Personal Data and content on servers located outside the United States, at which time we will post a revised Privacy Statement.
Certain types of Content you submit to us might reveal your gender, ethnic origin, nationality, age, religion, sexual orientation, health information, or other Personal Data about you or others. Each time you use our Services or submit Personal Data or other Content to us, you confirm your consent to the collection, storage, processing, use, sharing, and onward transfer of your Personal Data and any other Personal Data you submit, and all other Content you provide, as further stated in the version of these Terms and the version of the Privacy Statement that are current as of the date of your submission.
Please note, however, that any Personal Data, or other Content or data collected, stored or processed by a Partner or a third party is subject to the privacy policy or agreements of that Partner or third party. We are not responsible for the privacy practices, security, or other aspects or processes of any Partner or third party, except as expressly stated in the current version of these Terms and the current version of the Privacy Statement.
6. Our Rights
We reserve the right at all times (but we do not have an obligation) to remove or refuse any Content on the Services, to suspend or terminate users, and to reclaim user names without liability to you. We also reserve the right to access, read, preserve, and disclose any Content, data or other information (including Personal Data) as we reasonably believe is necessary to (i) satisfy any applicable law, regulation, legal process or governmental request; (ii) enforce the Terms, including investigation of potential violations hereof; (iii) detect, prevent, or otherwise address fraud, security or technical issues; (iv) respond to user support requests; or (v) protect the rights, property or safety of Growic, the Services, our users and the general public.
7. Links to Third Parties
The Services may contain links to third-party websites, social media, services or features. Theremay also be links to third-party websites, social media, services, or features in images or comments within the Services. As noted elsewhere in these Terms, the Services include and contain Content that we do not control, maintain or endorse. The Services may also permit interactions between the Services and a third-party website, services, social media or feature, including applications that connect the Services or your profile on the Services with a third-party website, social media, services, or feature. Growic does not control any of these third-party websites, social media, services or any of their content. You expressly acknowledge and agree that the Growic is not liable for any such third-party websites, social media, services, content, orfeatures.
By using or accessing a third party service, website, social media, content or features (collectively “Third Party Service(s)”), you acknowledge and agree to the following: (i) if you use a Third Party Service to share information, you are consenting to the sharing of information in and about your profile with and through the Third Party Service; (ii) your use of a Third Party Service may cause your Personal Data and other Content to be publicly disclosed, even if Growic has not itself provided such information; and (iii) your use of a Third Party Service is at your own option and risk, and you hereby agree to defend and indemnify us against, and hold us harmless from, any harm, damage, cost, and claims that may result from or be related to your use of any Third Party Service, including attorneys’ fees.
8. Copyright Policy
Growic respects the intellectual property rights of others and expects users of our Services to dothe same. We will respond to notices of alleged copyright infringement that comply with applicable law (including the Digital Millennium Copyright or “DMCA” at 17 U.S.C. §512) and areproperly provided to us. If you would like the benefit of your legal protections under the DMCA, please review the DMCA to ensure your compliance.
Any person that believes its Content has been copied in a way that constitutes copyright infringement or the infringement of other intellectual property rights (“Requester”) should send us a written request (“Takedown Notice”) to remove the allegedly-infringing Content (“Accused Content”). Each Takedown Notice must be in English and include the following information:
Identification of the Requester’s work that is claimed to have been infringed.
Identification of the Accused Content or other material that is claimed to be infringing or to be the subject of infringing activity, and that is to be removed or access to whichis to be disabled.
Information reasonably sufficient to permit us to locate the Accused Content (e.g., if itis on the Growic Site, a detailed uniform resource locator or “URL”).
The Requester’s contact information, including postal address, telephone number, and an email address.
A statement by the Requester that it has a good faith belief that use of the Accused Content or other material in the manner complained of is not authorized by the copyright owner or other owner, its agent, or the law.
A statement that the information in the Takedown Notice is accurate, and, under penalty of perjury, that the Requester is authorized to act on behalf of the copyright owner or other owner.
A physical or electronic signature of each of the copyright owner(s), or a person authorized to act on their behalf.
On our receipt of a Takedown Notice, we may publish the Takedown Notice to the general public on our Site or any other websites, or provide a copy of the Takedown Notice to the user that uploaded or provided the Accused Content (“Accused User”). For any Takedown Notice that is subject to the provisions of the DMCA, the Accused User or the original provider of the Accused Content may have the right to send a notice to us (“Counter Notice”) demanding that the Accused Content be restored to the Services.
In compliance with the DMCA or other applicable law, we may implement any Takedown Notice by removing the Accused Content or other material from public view on the Services, and we may implement any Counter Notice by restoring the Accused Content or other material to public view on the Services. In either case, Growic shall bear no liability to the Requester or anyone else for the posting, removal or re-posting of any Accused Content.
Independent of the DMCA and any other applicable laws or regulations, we reserve the right to remove any Accused Content without prior notice, at our sole discretion, and without liability to the Requester, Accused User or anyone else. Our designated copyright agent for sending takedown notices and counter notices is:
Attn: Copyright Agent, Growic, 111 Buck Road, Suite 600, Huntingdon Valley, PA 19006, USA.
9. Disclaimer of Warranties
some countries and jurisdictions do not allow the disclaimer of impliedterms in contracts with consumers and, as a result, the contents of this section may not apply to you.
we provide the services and all information, including the content, on an “as is” and “as available” basis. we do not provide any express warranties or representations about our services or those of our partners.
to the fullest extent permissible under applicable law, we disclaim anyand all implied warranties and representations, including, without limitation, any warranties of merchantability, fitness for a particular purpose, title, and noninfringement. if you are dissatisfied or feel harmed by growic, the services, or anything related to the services, you may stop using the services, as further stated in the termination provisions of these terms. termination is your sole and exclusive remedy. in particular, we disclaim that the services will result in any particular financial or educational benefit or other benefit or success to users.
we neither warrant nor represent that your use of the services will not infringe the rights of third parties. we do not guarantee that the services will function without interruption or without errors. the operation of the services, including the growic app, if any, and the growic site, may be interrupted due to maintenance, updates, or system or network failures. we disclaim all liability for damages caused by any such interruption or errors. furthermore, we disclaim all liability for any malfunctions, impossibility of access, or poor use conditions of the service due to inappropriate equipment, disturbances related to internet service providers, to the saturation of the internet or any othernetwork, and for any other reason.
10. Termination
You may terminate your agreement with us at any time by contacting us at support@growic.com.
We may terminate these Terms for any reason or no reason, at any time, with or without notice.Any termination by us shall be effective immediately or as may be specified in our notice.
We may restrict, suspend or block the access of any user who abuses or misuses the Services. Misuse includes, among other things, infringing any intellectual property rights, using any functionality, feature or capability of the Services to generate, support or transmit any form of spam, engaging in any behavior or activity that we asked you not to do, or any other behavior that we, in our sole discretion, deem contrary to the mission and purpose of Growic and the Services.
Upon termination, you may lose access to some or all of the Services. We may block access to the Services from an Internet Protocol (“IP”) address or range of IP addresses associated with those of terminated users. Upon termination, all licenses and other rights granted to you by us inthese Terms will immediately cease, but any licenses you have granted to us will survive termination regardless of the reason for such termination. In addition, any fees invoiced to you prior to termination that have not been paid will continue to be due in accordance with these Terms, and no refunds shall be provided for payments previously made.
11. Indemnification
You agree to defend, indemnify and hold Growic and its partners, as well as any of our respective subsidiaries, affiliated companies, officers, employees, members, directors, orservice providers (“Growic Affiliates”) harmless from and against any claims, liabilities, damages, losses, and expenses, including without limitation, reasonable attorney’s fees and costs, arising out of or in any way connected with any of the following alleged activities: (i)your Content or your access to or use of the Services; (ii)any alleged breach of these Terms; (iii)any breach, infringement, misappropriation or violation of any third-party right including without limitation any intellectual property right, publicity right, confidentiality, property right or privacy right; (iv)your violation of any laws, rules, regulations, codes, statutes, ordinances or orders of any governmental and quasi-governmental authorities, including, without limitation, any regulatory, administrative and legislative authorities; or (v)any misrepresentation made by you. We ask that you cooperate as reasonably requested by Growicin the defense of any claim. Growic reserves the right to assume the exclusive defense and control of any matter subject to indemnification by you, and you will not in any event settle any claim against Growic or Growic Affiliates,without the prior written consent of Growic, which consent Growic mayrefuse in its sole discretion
12. Limitation of Liability
some regions, countries and other jurisdictions do not allow the limitation or exclusion of liability and as a result the contents of thissection may not apply to you. for example, the state of new jersey does not permit the limitation or exclusion of liability in consumer contracts.
to the extent permitted by law,neither growic nor any of growicaffiliates shall be liable for any damages in excess of the fees, if any, you paid growic during the calendar year in which such event is claimed to have occurred, or usd $100, whichever amount is greater.
to the fullest extent permissible under applicable law, we disclaim anyand all implied warranties and representations, including, without limitation, any warranties of merchantability, fitness for a particular purpose, title, and noninfringement. if you are dissatisfied or feel harmed by growic, the services, or anything related to the services, you may stop using the services, as further stated in the termination provisions of these terms. termination is your sole and exclusive remedy. in particular, we disclaim that the services will result in any particular financial or educational benefit or other benefit or success to users.
neither growic nor any of the growic affiliates shall be liable for any special, incidental, indirect, punitive or consequential damages or lossof use, profit, revenue or data to you, any entity, or any third person. this limitation of liability shall apply regardless of whether (i)you base your claim on contract, tort, statute or any other legal theory, (ii)we knew or should have known about the possibility of such damages, or (iii)the limited remedies provided in these terms fail of their essential purpose.
13. General Provisions
Severability. If any provision of these Terms is found by an arbitrator or court of competent jurisdiction to be illegal, void, or unenforceable, the provision will be modified so as to render it enforceable and effective to the maximum extent possible in order to effect the intention of the parties with respect to the provisions within the context of the overall Terms. If a court or arbitrator finds the modified provision invalid, illegal, void or unenforceable, the validity, legalityand enforceability of the remaining provisions of these Terms will not be affected.
Entire Agreement. These Terms, together with the Privacy Statement, which is incorporated herein by this reference as if set forth herein in its entirety, constitute the entire, complete and exclusive agreement between you and us regarding the Services, and supersede all prior agreements and understandings, whether written or oral, or whether established by custom, practice, policy or precedent, with respect to the subject matter of these Terms and the PrivacyStatement. You acknowledge that you have had the opportunity to review these Terms and ourPrivacy Statement with counsel of your choice.
Amendments to these Terms. We reserve the right to modify, supplement or replace these Terms, effective upon prior written notice to the email address we have for you. Your use of the Services thirty days after posting or notice of any such update or modification will confirm your agreement to the modified version of the Terms. If you do not want to agree to any version or set of changes to the Terms, you may terminate your use of the Services, prior to the modified Terms taking effect, in which case the prior set of Terms in effect as of the date of termination shall continue to control any disputes or other issues that may arise regarding your use of the Services. Only modifications, supplements or replacements of these Terms as stated in this provision (or as otherwise agreed in a signed instrument by Growic) shall be valid and effective to amend the Terms. Any other purported amendments shall be void and of no force or effect.
No Informal Waivers, Agreements or Representations. Any failure to act with respect to a breach of these Terms by one party does not waive the other party’s right to act with respect to that breach or subsequent similar or other breaches. Except as expressly and specifically contemplated by the Terms, no representations, statements, consents, waivers or other acts or omissions by either party or its affiliates shall be deemed legally binding unless expressly and specifically documented in a writing that refers to the Terms and states expressly the intent to modify or supplement the Terms.
Assignment and Delegation. You may not assign or delegate any rights or obligations under the Terms without the prior written permission of Growic. Any purported assignment and delegation by you will be ineffective. We may freely assign or delegate some or all of our rights and obligations under the Terms and Privacy Statement, effective on sending a notice to you at the email address we have for you, or if we have no email address for you, by posting a notice of assignment on the Growic Services.
Contact Us. You may contact us via email at support@growic.com or via postal mail or courier at Attn: Law Department, Growic, 111 Buck Road, Suite 600, Huntingdon Valley, PA 19006, USA.
Governing Law and Arbitration
These Terms and any action related thereto are governed by the law of the Commonwealth of Pennsylvania, and the federal law of the United States of America, without regard to or application of any conflicts of laws provisions or principles, and without regard of the location or nationality of a user. Any dispute between us or arising out of these Terms, the Privacy Statement, the Services, or their performance, shall be determined by one arbitrator in binding arbitration i. The arbitration will be administered by the American Arbitration Association (“AAA” at adr.org) pursuant to the Commercial Arbitration Rules. The language of the arbitration shall be English.
To accommodate parties and witnesses that may be distant from each other, each hearing shallbe conducted and all testimony shall be entered by audio conference or video conference. The award of the arbitrator shall be final and binding on the parties, and may be entered and enforced in any court or other tribunal of competent jurisdiction.
14. Effective Date and History.
These Terms were last revised: None.
Prior revisions of these Terms: None
Growic - Privacy Statement
1. Information We Collect
As noted above, we collect Content from you while providing the Services. Some of the Content is Personal Data that we may use to contact you and connect you with other users, and which isnecessary to provide the Services. Other Content we collect from you includes Behavioral Data and other Non-Personal Data that we aggregate, share, and use to improve our Services, and the services of others.
We collect many different types of information from you, both directly and indirectly.
Information you provide us directly
We may collect the following information from you.
Emails. We may save private emails sent to us by users, and we may share your emails with any third parties or other users. Any public posts on Services may be viewed by any user and is public to anyone who visits the Services. You may elect todisclose certain Personal Data and Non-Personal Data. The information you submit in any public forums is not confidential or private, and Growic does not protect it. All information you choose to provide publicly, including information that identifies you orothers, can be read, collected, or used by other users and by other third parties, and could be used to send you unsolicited messages and for other purposes.
Social Media. In addition to media that we control, you may post comments, photographs, drawings and other User Content on third party social media, such as YouTube, Facebook, Instagram and Twitter, each of which enforces its own terms of use and privacy policy for its service. As noted in the Terms, we may use and copy the User Content you post. More to the point, your User Content may contain Personal Data about you and other people in the form of names, email addresses, and location information. You should also be aware that a photograph or drawing of a person may be Personal Data to the extent the person may be recognized in and identified by the photograph or drawing, and medical or other healthcare information may be gleaned from any medical conditions, disorders or diseases are discussed orportrayed in the User Content, such as dietary restrictions. We may collect and use User Content and the Personal Data contained in the User Content to market our Services.
Analytics. We may use third-party analytics tools to help us measure traffic and usage trends and other Non-Personal Data for the Services. These tools collect information sent by your device or our Services, including the web pages you visit, add-ons, and other information that assists us in improving our Services. We collect and combine this analytics information with analytics information from other users so that it cannot be used to identify any particular individual user.
Metadata. Metadata is usually technical data that is associated with other data, including User Content. For example, metadata can describe how, when and by whom an item of User Content was collected and how that User Content is formatted. Growic may collect and store metadata, including about each user’s publicposts on the Services.
Log Data. Our servers automatically record information ("log data”) created by your use of the Services. Log Data may include information such as your Internet Protocol(“IP”) address, browser type, operating system, the referring web page, pages visited, location, your mobile carrier, device and application IDs, search terms, and cookie information. We receive log data when you interact with our Services, for example, when you visit our website, sign into our Services or interact with our email notifications. Growic uses log data to review how we provide our Services and to measure, customize, and improve the Services.
2. How We Store Your Information
We currently provide the Services from within the United States, and we store all User Content, including Personal Data, that we currently collect and retain on servers inside the United States.
Certain types of User Content you submit to us might reveal your gender, ethnic origin, nationality, age, religion, sexual orientation, or other Personal Data about you or others.
By using our Services, or by submitting your personal Information to us, you consent to the collection, storage, processing and onward transfer of your personal Information as stated in thecurrent version of this Privacy Statement and the current version of our other online documents, including the Terms of Service.
3. How We Use Your Information
We share and use your Personal Data in the following circumstances:
Opt-in with Your Consent. We may ask for your permission to share your Personal Data with other people and organizations outside of Growic, including to provide you with Services. As with any opt-in procedure, you are under no duty to agree to a request that you opt-in.
Partners and Affiliates of Growic. We may share your Personal Data with Partners to sell and provide the Services.
Cookies. Cookies are unique identifiers that we transfer to your device to enable our systems to recognize your device and to provide features and remember your personalization choices. We use cookies to make it easier to access and use our Services. The help feature on most browsers will tell you how to prevent your browser from accepting new cookies, how to have the browser notify you when you receive a new cookie, or how to disable cookies altogether. Additionally, you can disable or delete similar data used by browser add-ons, such as Flash cookies, by changing the add-on's settings or visiting the website of its manufacturer. Because cookies allow you to take advantage of some of the Services’ essential features, we recommend that you leave them turned on. Cookies are also used to display particular Content and to set session identifiers for visitors who voluntarily join user areas.
Do not Track. We may share your Personal Data with Partners to sell and provide the Services.
Opt-out Email or Postal Address. Opt-out Email or Postal Address. If you supply us with your postal or email address you may receive periodic mailings from us with information on new products and services or upcoming events. If you do not want to receive such mailings, please let us know by sending an email to us at the “opt-out” address, below. We will remove your name from the list we use internally. Opting-out of these emails does not mean we remove your email from our system entirely, because we still retain your email addresses for other purposes.
Required by Law. We may access, preserve and share your Personal Data in responseto a legal request (like a search warrant, court order or subpoena). We may also access,preserve and share Personal Data when we have a good faith belief it is necessary to: detect, prevent and address fraud and other illegal activity; to protect ourselves, you andothers, including as part of investigations; and to prevent death or imminent bodily harm.Information we receive about you may be accessed, processed and retained for an extended period of time when it is the subject of a legal request or obligation, governmental investigation, or investigations concerning possible violations of our terms or policies, or otherwise to prevent harm.
Change of Control. If we sell or otherwise transfer part or the whole of Growic or our assets to another organization (e.g., a merger, acquisition, or reorganization), your Personal Data such as user name and email address, User Content and any other information collected through the Services may be among the items sold or transferred. You will continue to own your User Content, but the license you grant to us in the Terms may be transferred to others at Growic’s sole discretion.
Non-Personal Data. We may share Non-Personal Data publicly and with publishers, researchers or connected sites. For example, we may share aggregated Non-Personal Data publicly to show trends about the general use of our Services. Non-Personal Data includes aggregated or collective information about multiple users that does not reflect orreference an individually-identifiable user.
Other. In addition to some of the specific uses of information we describe in this Privacy Statement above, we may use Personal Data that we receive to:
remember information so you will not have to re-enter it during your visit or the next time you visit the Services.
provide personalized Content and information to you and others, which, in the future,could include online ads or other forms of marketing.
provide, improve, test, and monitor the effectiveness of our Services.
develop and test new products and features.
monitor metrics such as total number of visitors, traffic, and demographic patterns.
diagnose or fix technology problems.
4. Your Right to Review, Request Changes, and Disclose Personal Data
Where required by applicable laws and regulations, each user may inspect and receive a copy of his or her Personal Data as stored in the Services. In rare circumstances, we may deny a request, and we may provide you with an explanation. If we deny your request, you may requesta review by another professional, who will be chosen by Growic, and we will comply with the outcome of the review.
Subject to applicable laws and regulations, the Personal Data you provide to us remains completely under your control. If you believe the Personal Data we have is incorrect or incomplete, you may in writing request an amendment to your Personal Data. We will approve or deny each request, and notify you of our decision. If approved, we will amend the Personal Data. We will also make a reasonable effort to notify people to whom the Personal Data was released. In the case of a denial, we will provide the reason for the denial and instructions on how to appeal.
Any information or User Content that you voluntarily disclose for use of the Services, such as your user name, your Personal Data or other User Content, may become available to the public if you release it to other users or to the general public. Once you have shared your Personal Data or your User Content with other people, or otherwise made it public, that Personal Data and your User Content may be re-shared by others.
5. Children
Our Services are not directed to persons under age 18 (“Young Person”). If you are the parent or guardian of a Young Person, and you become aware that your Young Person has provided us with Personal Data or User Content, please contact us at support@growic.com and we will delete the information or User Content.
6. Changes to this Privacy Statement
We may modify our Privacy Statement from time to time on prior written notice sent to the email address we have for you. For any user who has not provided us with an email address, the revised Privacy Statement will become effective ten (10) calendar days after posting on the Services. If you choose not to be subject to a revised version of this Privacy Statement, then you may terminate your use of our Services.
7. Different Locations, Different Laws
The laws and regulations that address privacy rights and responsibilities (collectively, “Laws”) are different from one to another. Indeed, some of the Laws do or do not apply depending on different factors, including:
Location or residence of the user.
Location or residence of the individual that is the subject of the Personal Data (“Data Subject”).
Location of each server or other machine where the Personal Data is received, stored, processed or forwarded to.
Location of the relevant office of Growic or any company that processes Personal Data.
Several of the Laws that concern users and Growic are discussed in this Section, but these are not all of the Laws that may apply. In addition, if there is any conflict or ambiguity between the statements made in this Privacy Statement and an applicable Law, then the Law will control.
7.1. United States Federal and State Laws
Several of the federal Laws in the United States may apply to the Personal Data collected by us.Congress has passed several federal information privacy and security laws, while each state in the United States has passed and enforces information privacy and security laws that apply to data subjects, data, and businesses resident in that state.
Currently, all Personal Data of Growic users is stored on servers and other machines physically located within the United States.
7.1.1. Health Insurance Portability and Accountability Act (“HIPAA”)
Currently, HIPAA does not apply to the Services as we are neither a covered entity nor abusiness associate (as those terms are used in HIPAA).
7.1.2. Children’s Online Privacy Protection Act (“COPPA”)
Currently, COPPA should not apply to the Services. Each user must be 18 years of age or older. As noted in this Privacy Statement, if we learn any user is under the age of 18, or if any parent or guardian contacts us, we will delete all information provided by the individual from our Services. Moreover, users of the Services are responsible and liable for compliance under COPPA and are prohibited from collecting, using, and/or disclosingpersonal information from and about children in connection with the use of the Services, or assisting any third party in doing so.
7.2. Your Privacy Rights
This section supplements the information contained elsewhere in our Privacy Statement and applies to all visitors, users, and others (“consumers” or “you”). This notice of privacy rights has been adopted in order to comply with the California Consumer Privacy Act of 2018 (“CCPA”), and any terms defined in the CCPA have the same meaning when used in this notice. For further information about your rights under California’s privacy laws, please see California’s “Privacy Laws” website at https://oag.ca.gov/privacy/privacy-laws or any website that supplements or replaces it. Any reference to privacy rights under California law in this Privacy Statement shall also apply to residents of other states in the event that other states adopt regulations similar to California’s extensive privacy rights regulations.
You have the right under the CCPA and other privacy and data protection laws, as applicable, toexercise these rights free of charge:
7.2.1. Disclosure of Personal Data We Collect About You
7.2.1.1. You have the right to know:
The categories of Personal Data we have collected about you;
The categories of sources from which the Personal Data is collected;
Our business or commercial purpose for collecting or selling Personal Data;
The categories of third parties with whom we share Personal Data, if any; and
The specific pieces of Personal Data we have collected about you.
Please note that we are not required to:
Retain any Personal Data about you that was collected for a single one-time transaction if, in the ordinary course of business, that information about you is notretained;
Re-identify or otherwise link any data that, in the ordinary course of business, is not maintained in a manner that would be considered Personal Data; or
Provide the Personal Data to you more than twice in a 12-month period.
7.2.1.2. Disclosure of Personal Data Sold or Used for a Business Purpose
In connection with any Personal Data we may sell or disclose to a third party for a business purpose, you have the right to know:
The categories of Personal Data about you that we sold and the categories of third parties to whom the Personal Data was sold; and
The categories of Personal Data that we disclosed about you for a business purpose.
We have provided a table below with the type of information that you are entitled to receive upon request to us.
7.2.1.3. Disclosure of Personal Data to Third Party for Direct Marketing
If you are a California resident, California Civil Code Section 1798.83 permits youto request information regarding the disclosure of your Personal Data by us to third parties for the third parties’ direct marketing purposes. To make such a request, see the section “How to Exercise Your Rights,” below.
Pursuant to California Civil Code Section 1798.83(c)(2), we do not share users’ Personal Data with affiliate companies or others outside Growic for those parties’direct marketing use, if a user has exercised an option that prevents that information from being disclosed to third parties for those purposes.
7.2.1.4. Right to Deletion
Subject to certain exceptions set out below, on receipt of a verifiable request from you, we will:
Delete your Personal Data from our records; and
Direct any service providers to delete your Personal Data from their records.
Please note that we may not delete your Personal Data if it is necessary to:
Complete the transaction for which the Personal Data was collected, provide a good or service requested by you, or reasonably anticipated within the context of our ongoing business relationship with you, or otherwise perform a contract between you and us;
Detect security incidents, protect against malicious, deceptive, fraudulent,or illegal activity; or prosecute those responsible for that activity;
Debug to identify and repair errors that impair existing intended functionality;
Exercise free speech, ensure the right of another consumer to exercise his or her right of free speech, or exercise another right provided for by law;
Comply with the California Electronic Communications Privacy Act;
Engage in public or peer-reviewed scientific, historical, or statistical research in the public interest that adheres to all other applicable ethics and privacy laws, when our deletion of the information is likely to render impossible or seriously impair the achievement of such research, provided we have obtained your informed consent;
Enable solely internal uses that are reasonably aligned with your expectations based on your relationship with us;
Comply with an existing legal obligation; or
Otherwise use your Personal Data, internally, in a lawful manner that is compatible with the context in which you provided the information.
7.2.1.5. Protection Against Discrimination
You have the right to not be discriminated against by us because you exercised any of your rights under the CCPA. This means we cannot, among other things:
Deny goods or services to you;
Provide a different level or quality of goods or services to you; or
Suggest that you will receive a different price or rate for goods or servicesor a different level or quality of goods or services.
Please note that we may charge a different price or rate, or provide a different level or quality of goods or services to you, if that difference is reasonably relatedto the value provided to you by your Personal Data.
7.2.1.6. Categories of Information We Collect
The CCPA applies to “information that identifies, relates to, describes, references, is capable of being associated with, or could reasonably be linked, directly or indirectly, with a particular consumer or device,” which we refer to as Personal Data in this Privacy Statement.
The following list details categories of Personal Data and indicates whether we collect this data, the commercial or business purpose behind the collection, and whether the Personal Data is shared with, or sold to, a third party. Additionally, we can provide this information in connection with your own Personal Data upon request from you.
Category
Collected
Business purpose
Shared with 3rdparty in past 12 months?
Sold to 3rd party in past 12 months?
A. Identifiers, such as your name, IP address, email address
Yes
Required forthe Services’ functionality
No
No
B. Personal information categories in the California Customer Records statute (Cal. Civ. Code § 1798.80(e)) such as Social Security number, driver’s license or passport number, address, phonenumber, financial or medical information
No
No
No
No
С. Characteristics of protected classifications under California or federal law, such as age, race, religion, military status. California provides a list of its classes at
https://www.senate.ca.gov/content/protected-classes. The Federal EEOC provides a list of Federal classes at
https://www.eeoc.gov/laws/types/
No
No
No
No
D. Commercial information, including records of personal property, products or services purchased, obtained, or considered, or other purchasing or consuming histories or tendencies
No
No
No
No
E. Biometric information
No
No
No
No
F. Internet or other electronic network activity information, including, but not limited to, browsing history, search history, and information regarding a consumer’s interaction with an Internet website, application or advertisement
Yes
Improving the Services’ functionality and ensuring security
No
No
G. Geolocation data
Yes
Improving the Services’ functionality and ensuring security
No
No
H. Audio, electronic, visual, thermal, olfactory, or similar information
No
No
No
No
I. Professional or employment-related information
No
No
No
No
J. Education information, defined as information that isnot publicly available personally identifiable information as defined in the Family Educational Rights and Privacy Act (20 U.S.C. section 1232g, 34 C.F.R. Part 99)
No
No
No
No
K. Inferences drawn from any of the information in the categories above to create a profile about a consumer reflecting the consumer’s preferences, characteristics, psychological trends, preferences, predispositions, behavior, attitudes, intelligence, abilities, and aptitudes.
Yes
Improving the Services’ functionality and ensuring security
No
No
7.2.1.7. Why We Collect Your Personal Data
We use your Personal Data for the following reasons:
Auditing related to a current interaction with the consumer and concurrenttransactions, including, but not limited to, counting ad impressions to unique visitors, verifying positioning and quality of ad impressions, and auditing compliance with this specification and other standards;
Detecting security incidents, protecting against malicious, deceptive, fraudulent, or illegal activity, and prosecuting those responsible for that activity;
Debugging to identify and repair errors that impair existing intended functionality;
Short-term, transient use, provided the Personal Data that is not disclosed to another third party and is not used to build a profile about a consumer or otherwise alter an individual consumer’s experience outside the current interaction, including, but not limited to, the contextual customization of ads shown as part of the same interaction;
Performing services on behalf of the business or service provider, including maintaining or servicing accounts, providing customer service, processing or fulfilling orders and transactions, verifying customer information, processing payments, providing financing, providing advertising or marketing services, providing analytic services, or providingsimilar services on behalf of the business or service provider;
Undertaking internal research for technological development and demonstration; and
Undertaking activities to verify or maintain the quality or safety of a service or device that is owned, manufactured, manufactured for, or controlled by the business, and to improve, upgrade, or enhance the service or device that is owned, manufactured, manufactured for, or controlled by the business.
7.2.1.8. Parties With Whom We Share Your Personal Data
We routinely share Personal Data with:
Our affiliates, including companies within our group;
Service providers we use to help deliver our goods and services to you, such as payment service providers, warehouses and delivery companies
Other third parties we use to help us run our business, such as marketing agencies or website hosts;
Third parties approved by you, including social media sites you choose to link your account to or third-party payment providers;
Credit reporting agencies;
Our insurers and brokers; and
Our banks.
7.2.2. Your Right to Opt-Out
If you are a 16 years of age or older, you have the right to opt-out from the collection and sale ofyour Personal Data. As we’ve stated in the sections titled “Children” and “How Old are You?”, minors are not permitted to register to use our site; however, if you are the parent or guardian ofa minor, please contact us to as stated below to tell us that we may not sell your Personal Data.
7.2.3. Rights of Minors
As stated in the sections titled “Children” and “How Old are You?”, minors are not permitted toregister to use our site. However, if you are under the age of 18, and a registered user of any site where this Privacy Statement is posted, California Business and Professions Code Section 22581 permits you to request and obtain removal of content or information you have publicly posted. To make such a request, please send an email or letter with a detailed description of the specific content or information to the addresses provided in the section below titled “How to Exercise Your Rights”. Please be aware that such a request does not ensure complete or comprehensive removal of the Content or information you have posted and that there may be circumstances in which the law does not require or allow removal, even if requested.
By submitting any Personal Data or other User Content to us, or placing any order with us, you consent to the storage, processing, use and onward transfer of your Personal Data and User Content to us in the United States.
7.2.4. How to Exercise Your Rights
If you would like to exercise any of your rights as described in this Privacy Policy and Policy Statement, please:
Complete a data subject request form available on our website;
Email us at support@growic.com; or
Write to us at “Attn: Privacy, Growic, 111 Buck Road, Suite 600, Huntingdon Valley, PA 19006, USA ”
Please note that you may only make a data access or data portability disclosure request twice within a 12-month period.
7.2.5. Verifying Your Identity
If you choose to contact us directly, you will need to provide us with:
Enough information to identify you (e.g., your full name, address and customer or matter reference number);
Proof of your identity and address (e.g., a copy of your driving license or passport and a recent utility or credit card bill); and
A description of what right you want to exercise and the information to which your request relates.
We are not obligated to make a data access or data portability disclosure if we cannot verify thatthe person making the request is the person about whom we collected information, or is someone authorized to act on such person’s behalf.
Any Personal Data we collect from you to verify your identity in connection with your request willbe used solely for the purposes of verification.
7.3. Your Privacy Rights Outside of the United States
All Personal Data and other data provided by users will be stored in the United States under United States law. Accordingly, United States law will apply to all users. All users consent to the application of the law of the United States in connection with the Services. Citizens and residents of the European Union agree that the General Data Protection Regulation (“GDPR”) does not apply, but consent to the application of United States law.
8. Use of Email Addresses and Other Contact Information
We collect the email addresses of those who voluntarily provide them to us. You may receive subscription, editorial and other messages from the Services or from us. If you do not want to receive email from us in the future, please let us know at Info@Growic.org.
9. Contact Us
If you have questions or concerns about this Privacy Statement, please contact us online at support@growic.com, or by postal mail addressed to:
Attn: Privacy, Growic, 111 Buck Road, Suite 600, Huntingdon Valley, PA 19006, USA .
10. Revision Date and History
This Privacy Statement was last revised: None.
Prior versions of this Privacy Statement are listed below: None
© 2023 Growic. All rights reserved.
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