Effective Date: April 17, 2015
To review material modifications and their effective dates scroll to the bottom of the page.
Regarding Protected Information (defined below), if any modifications are materially less restrictive on our use or disclosure of the Protected Information previously disclosed by you, we will obtain your consent before implementing such revisions with respect to such information.
THE TYPES OF INFORMATION WE COLLECT
Protected Information. We collect information from you that is protected for purposes of privacy and data security (“Protected Information”). Protected Information that we collect may vary with each separate purpose for which you provide it, and it may include one or more of the following categories: name, physical address, an email address, phone number, credit card information including credit card number, expiration date, and billing address, and location data.
Non-Personal Information. We reserve the right to collect anonymous information such as your browser type, the URL of the previous website you visited, your computer’s operating system and Internet protocol (IP) Address, Internet domain and host name, your Internet Service provider, your clickstream data, and the dates and times that you may access this site and specific pages ("Non-Personal Information”). Non-Personal Information is essentially anonymous when collected; however, it’s possible that Non-Personal Information could be used to identify you; however, we will not use Non-Personal Information for this purpose.
HOW AND WHEN WE COLLECT INFORMATION
Protected Information. We collect Protected Information at the time you provide it to us. We collect Protected Information through sign-up forms and as part of your registration for an account, product, or service from this website. Protected Information that we collect may vary with the each sign-up or registration.
Your Communications With Us. We collect Protected Information that we receive from you as you communicate with us.
Passive and Analytical Information. We reserve the right to monitor your use of this site. As you navigate through this site, Non-Personal Information may be passively collected (that is, gathered without your actively providing the information) using various analytics and reporting technologies, such as cookies and web beacons.
HOW WE USE YOUR INFORMATION
We use your Protected Information for the performance of the services or transaction for which it was given, our private, internal reporting for this site, and security assessments for this site.
We may use your Protected Information to send you emails messages.
We do NOT tie or link your Protected Information to Non-Personal Information with persistent identifiers. For example, we would not tie or link your email address (Protected Information) with information collected by a cookie regarding the length of time you visit our site (Non-Personal Information).
We reserve the right to make full use of Non-Personal Information. For example, we may use Non-Personal Information to provide better service to site visitors, customize the site based on your preferences, compile and analyze statistics and trends about the use of this site, and otherwise administer and improve this site for your use.
HOW WE DISCLOSE YOUR INFORMATION
General Disclosure Policy. Our general policy is that we will not share, sell, rent, or provide access to your Protected Information to others. The only exceptions to this general policy: (i) are described in the subsections below, and (ii) if you explicitly approve through our site. We reserve the right to disclose Non-Personal Information without restriction.
Disclosure to Affiliated Entities. We reserve the right to provide your Protected Information to any affiliated entities we may have, including our subsidiaries. Affiliated entities are entities that we legally control (by voting rights) or that control us.
Disclosure to Service Providers for Website Operations. We reserve the right to disclose your Protected Information to our trusted service providers that assist us with the operation and maintenance of this site. For example, we may use third parties to process payments, host our servers, provide security, and provide production, fulfillment, optimization, analytics, and reporting services. We will take commercially reasonable efforts to cause these third parties to agree to hold your information in confidence or to disclose information only to third parties that we believe in good faith have instituted and follow privacy and security policies that are acceptable to us.
Disclosure to Successors. If we are acquired by or merged with a third party entity, or if we sell this website business or a line of business from this website, we reserve the right to transfer your Protected Information as part of such merger, acquisition, sale, or other change of control. In the unlikely event of our bankruptcy, insolvency, reorganization, receivership, or assignment for the benefit of creditors, or the application of laws or equitable principles affecting creditors' rights generally, we reserve the right to transfer your Protected Information to protect our rights or as required by law.
Disclosure Incident to Legal Process and Enforcement. We reserve the right to disclose your Protected Information if we have a good faith belief that access, use, preservation or disclosure of such information is reasonably necessary (i) to satisfy any applicable law, regulation, legal process or enforceable governmental request (such as for example, to comply with a subpoena or court order), or (ii) to investigate or enforce violations of our rights or the security of this site.
SPECIFIC INFORMATION ABOUT COOKIES AND WEB BEACONS
We use Google Analytics Cookies so we can track our website traffic. We reserve the right to use web analytics services provided by 3rd parties. These services use 3rd party cookies (cookies passed by others, not by us) to collect Non-Personal Information about your use of this site. These web analytics services may also transfer this information to third parties where required to do so by law, or where such third parties process the information on the service's behalf.
Web Beacons. A web beacon is an electronic image placed in the code of a web page. We reserve the right to use web beacons to monitor the traffic patterns of users from one of our pages to another and to improve our site’s performance.
We will implement reasonable and appropriate security procedures consistent with prevailing industry standards to protect data from unauthorized access by physical and electronic intrusion. Unfortunately, no data transmission over the Internet or method of data storage can be guaranteed 100% secure. Therefore, while we strive to protect your Protected Information by following generally accepted industry standards, we cannot ensure or warrant the absolute security of any information you transmit to us or archive at this site.
When you transmit Protected Information through our registration process or if you purchase products or services, we encrypt that information in transit using secure socket layer technology (SSL).
After the secure transfer of your Protected Information, the information is maintained and stored with 128-bit encryption.
ONWARD TRANSFER OUTSIDE YOUR COUNTRY OF RESIDENCE
Any Protected Information which we may collect on this site will be stored and processed in our servers located only in the United States. By using this site, if you reside outside the United States, you consent to the transfer of Protected Information outside your country of residence to the United States.
UPDATING PROTECTED INFORMATION
Upon request, we will permit you to request or make changes or updates to your Protected Information for legitimate purposes. We request identification prior to approving such requests. We reserve the right to decline any requests that are unreasonably repetitive or systematic, require unreasonable time or effort of our technical or administrative personnel, or undermine the privacy rights of others. We reserve the right to permit you to access your Protected Information in any account you establish with this site for purposes of making your own changes or updates, and in such case, instructions for making such changes or updates will be provided where necessary.
This site treats email messages and other electronic messages that are sent through this site and not viewable by others as confidential and private, except as required by law, including without limitation, the Electronic Communications Privacy Act of 1986, 18 U.S.C. Sections 2701-2711 (the "ECPA"). The ECPA permits this site's limited ability to intercept and/or disclose electronic messages, for example (i) as necessary to operate our system or to protect our rights or property, (ii) upon legal demand (court orders, warrants, subpoenas), or (iii) where we receive information inadvertently which appears to pertain to the commission of a crime. This site is not considered a "secure communications medium" under the ECPA.
If you supply us with your e-mail address you may receive periodic messages from us with information specific to the site and required for the normal functioning of the site as well as for new products or services or upcoming events or offers from us. If you prefer not to receive these periodic email messages, you may opt-out by following the instructions in the email.
LINKS TO OTHER SITES; ONLINE ADS
This site may contain links to other websites with whom we have a business relationship. These links may include online advertisements that we deem to be appropriate. If you do click on any of the links to their websites or accept any of their promotional offers, your click-through information and any information that you provide in the process of registration or purchase will be transferred to these sites. We have no responsibility or liability for the policies and practices of these sites. You should be careful to review any privacy policies posted on any of these sites before providing information to them.
CHILDREN’S ONLINE POLICY
The Children's Online Privacy Protection Act (COPPA) requires that we inform parents and legal guardians about how we collect, use, and disclose Protected from children under 13 years of age through our http(s)://creativewatergardens.biz website. This site is not directed at children under 13 years of age, but we recognize that with proper adult supervision some parents might permit their children to visit and use our site. COPPA requires that we obtain the consent of parents and guardians in order for children under 13 years of age to use certain features of our site.
If you are the parent or guardian of a child under 13, and your child would like to participate in certain features available on our site, your child will be prompted to print out our Parental Consent Form set out below for you to complete and email or fax in to us. WE REQUIRE THAT A PARENT OR GUARDIAN EMAIL OR FAX A COMPLETED PARENTAL CONSENT FORM PROVIDED BELOW PRIOR TO OUR COLLECTION ONLINE OF ANY INFORMATION FROM YOUR CHILD ON THIS SITE.
Parents and guardians have the option to agree to the collection and use of their child’s information solely by CWG (the http(s)://creativewatergardens.biz site operator), without consenting to the disclosure of that information by third parties.
We acknowledge that this site may not require your child to disclose more information than is reasonably necessary to participate in the activities offered through this site.
Parents or guardians may review their child’s Protected, and ask that it be deleted from this site. In addition, parents or guardians may refuse to allow any further collection or use of their child’s information. Please send such requests for review, deletion, or refusal by email or fax to us at the Contact Us information provided below, and include in your request your child's name, and if available, your child’s logon information for our site.
If you are a parent or guardian who has discovered that your child under the age of 13 has submitted his or her personally identifiable information without your permission or consent, or if a you have previously given consent with our Parental Consent Form, but desire to revoke consent, we will remove your child’s information from our active list at your request. Please send such requests for removal by email or fax to us at the Contact Us information provided below, and include in your request your child’s name, and if available, your child’s logon information for our site.