Privacy Policy

1. About This Privacy Policy; Eligibility to Use the Service; Arbitration.

1.1 General. This Privacy Policy describes how Pluck, Inc. (referred to as “we”, “our”, “us”) collects, uses, and stores your information. This Privacy Policy, together with our Terms of Use, including the Lease any applicable Order Forms (the “Service Agreement”) separately agreed and incorporating this policy, establishes the legal terms and conditions of the agreement between us governing the submission of information and our use of it in providing the Services. You agree to be bound by this policy, which is incorporated into and made part of the Service Agreement, and to allow the uses of your information set forth in this policy. We will indicate within the registration processes of our products and services and other registration forms what types of personal information are required and those that are requested. You may choose not to submit the requested information, but that may limit or prohibit the Services that we are able to provide to you.

1.2 Only Adults Resident in the United States Are Eligible to Use The Services. You may not use the Services unless you are an adult resident of the United States of America and access the Services in the United States of America. Without limiting the foregoing, we do not engage in any processing activities that are related to the offering of goods or services to data subjects residing in the European Union. Accordingly, the Services are not available to any person resident in the European Union or any person accessing it under the jurisdiction of the European Union.

2. Information We Collect. We collect information about you in four ways: (a) directly from your input, (b) from third-party sources, and (c) through automated technologies.

2.1 Data You Provide to Us. The types of personal information that we collect directly from you depends on how you interact with us and the Platform, which may include:

(a) Contact details, such as your name, email address, postal address and phone number;

(b) Account login credentials, such as usernames and passwords and similar security information;

(d) Content contributed by you or created by you through Platform; and

(e) Comments, feedback and other information you provide to us, including information you may post from time to time on your grow journal and questions or information you send to customer support.

2.2 Data From Other Sources. We also may obtain contact details and other information about you from our affiliates and from other third parties, including:

(a) Service providers that help us provide the Services, including determining your location in order to customize the Platform and Services or offered Services to your location;

(b) Businesses with which we offer co-branded services or engage in joint marketing activities; and

(c) Publicly-available sources and data suppliers from which we obtain data to validate or supplement the information we hold.

2.4 Data From Service Use, Including Cookies. The Platform may automatically collect information about how you and your device interact with the Platform, including:

(a) Computer, device and connection information, such as IP address, browser type and version, operating system and other software installed on your device, mobile platform and unique device identifier and other technical identifiers, error reports and performance data;

(b) Usage data, such as the features and resources you used (including time stamp and other behavioral data with respect to your usage), the settings you selected and your click stream data;

(c) The region, city or town where your device is located in order to provide the Services which are inherently location-based.

We may collect this data through one or more mobile applications, servers and the use of cookies and other technologies. Cookies are small text files that can be read by a web server in the domain that put the cookie on your hard drive. We may use cookies and other technologies to store your preferences and settings, help you with signing in, suggest services of our affiliates and third parties, and analyze Platform operations. You can control cookies through your browser’s settings and other tools. However, if you block certain cookies, you may not be able to register, login, or access certain parts or make full use of the Platform.

3. How We Use Your Information.

3.1 Depending on how you interact with us, the Platform and the Services, we use your personal information to:

(a) Provide, activate and manage your access to and use of the Services;

(b) Process and fulfil a request, order, download, subscription or other transaction;

(d) Enhance and improve the Platform, the Services and our other products and services and to develop new products, services and benefits;

(e) Respond to your requests, inquiries, comments and concerns;

(f) Notify you about changes, updates and other announcements related to the Services and our other products and services;

(g) Provide you with promotional messages and other information about products and services of ours, our affiliates and third parties;

(h) Invite you to participate in user testing and surveys as well as drawings, sweepstakes, competitions and similar promotions;

(i) Identify usage trends and develop data analysis, including for purposes of research, audit, reporting and other business operations, including determining the effectiveness of our promotional campaigns and evaluating our business performance, or in other ways pursuant to a Service Agreement; and

(j) Comply with our legal obligations, resolve disputes, and enforce our agreements.

3.2 In all circumstances, we may perform the functions described above directly or use a third-party vendor to perform these functions on our behalf. While our third-party vendors are contractually committed to processing information for us in accordance with our requirements. While we believe that their privacy policies are generally compatible with this Privacy Policy, we do not secure express obligations from those vendors to comply with this Privacy Policy. Accordingly, you should review the privacy policies, cookie policies and other related policies of these vendors to determine the information they collect in providing their services and how they use that information. The vendors we use to process your information are as follows:

• Shopify Inc., a Canadian corporation, with offices located at 151 O’Connor Street, Ground floor, Ottawa, Ontario, K2P 2L8, is our ecommerce platform. Shopify’s privacy policy is located at https://www.shopify.com/legal/privacy.

• Typeform SL, a Spanish entity with registered address at Carrer Bac de Roda, 163, local, 08018 - Barcelona (Spain), provides forms for onboarding customers, install scheduling and data collection. Typeform’s privacy policy is located at https://admin.typeform.com/to/dwk6gt.

• Formagrid Inc. (doing business as Airtable), with offices located at 799 Market Street, 8th Floor, San Francisco, CA 94103, provides our customer database. Airtable’s privacy policy is located at https://www.airtable.com/privacy.

• Habla, Inc. (doing business as Olark), with offices located at 427 N Tatnall St #63602, Wilmington, DE 19801 provides our customer support chat widget. Olark’s privacy policy is located at https://www.olark.com/privacy-policy.

• Avocados Lab provides an FAQ plugin for Shopify (Easy FAQ). Avocado Lab’s privacy policy with respect to Easy FAQ is located at http://bit.ly/faq-plus-privacy-policy.

• Notion Labs, Inc. with offices located at 548 Market St #74567, San Francisco, CA 94104-5401, provides our Raised Bed grow journals. Notion’s privacy policy is located at https://www.notion.so/Terms-and-Privacy-28ffdd083dc3473e9c2da6ec011b58ac.

• Appstle Solutions, Inc., a Canadian limited liability company with offices located at 1634 Peacock Ave Sunnyvale, CA 94087, provides our customer portal and scheduling services. Appstle’s privacy policy is located at https://subscription-admin.appstle.com/privacy-policy.

• The Obsidian application provides portions of our customer interface and other analytics services. The privacy policy applicable to Obsidian is located at https://obsidianapps.co/pages/privacy-incentivize.

• Sonix, Inc. provides transcription services. The privacy policy applicable to these services is located at: https://sonix.ai/privacy

• Google LLC and its affiliates provide customer data storage as well as certain analytics and tracking services on our website and ad landing pages. The privacy policy applicable to these services is located at: https://policies.google.com/privacy

• Formagrid Inc, doing business as Airtable provides customer data storage. The privacy policy applicable to these services is located at: https://www.airtable.com/privacy

• Stripe, Inc. provides payment processing services. The privacy policy applicable to these services is located at: https://stripe.com/privacy

• Meta Platforms, Inc. provides tracking services on our website and ad landing pages. The privacy policy applicable to these services is located at: https://www.facebook.com/privacy/policy

4. Sharing of Your Information.

4.1 The Service Providers. If you are a Gardener, we will share your information with Experts with whom you communicate through the system, solely to the extent that we convey such communications between you. If you are an Expert, we will share your information with Gardeners with whom you communicate through the system, solely to the extent that we convey such communications between you. Dependent on the services provided, we share information with our service providers, suppliers, agents and representatives, including payment processors, customer support, email service providers, event venues and service providers, IT service providers, marketing service providers, research providers, mailing houses and shipping agents, to process the information as necessary to provide the Services, complete a transaction or fulfil your request or otherwise on our behalf based on our instructions. See Section 3 for more information about our third-party vendors.

4.2 Your Choices. We may share your personal information with our affiliates and with sponsors, joint venture entities and other third parties, including entities for which we are acting as an agent, licensee, application host or publisher, that wish to send you information about their products and services that may be of interest to you, as determined by your choices in managing your communications preferences and other settings. The Services may let you post and share with persons you select to give access (or the general public if you so select) photographs, comments and other Content, including with Experts, if you are a Gardener, and with Gardeners, if you are an expert. Your grow journal will be publicly accessible by default and may be made indexable at your election. Any such contributions that you disclose to others may be collected and used by persons to whom you give access. Please be careful when disclosing personal information.

4.3 Other Information. Automatically collected non-personally identifiable information may be aggregated and disclosed without restriction. We may aggregate your information with that of other users for any purpose, including analyzing and improving our services to all users of our services (“Users”) and we may share that aggregate information publicly, including to show trends about the general use of the Services with the press, in our marketing materials or with our business partners, so long as we do not in the process disclose to any third parties any of your personally identifiable information in a manner that is readily personally identifiable to you. We may collate or connect non-personally identifiable information with your personal information, in which case the resulting personally identifiable information will be treated as personal information. Without limiting the generality of the foregoing, the Platform is part of a proprietary Company system, which may use artificial intelligence which will be trained by Customer Data to create Training Data which we may use or share for any purpose.

4.4 For Legal Reasons. We also will disclose your personal information if (a) we have a good faith belief that such disclosure is necessary to meet the requirements of any applicable Law, detect, investigate and help prevent security, fraud or technical issues, or protect the rights, property or safety of Pluck, Inc., our affiliates, users, employees or others; and (b) as part of a corporate transaction, such as a transfer of assets to or an acquisition by or merger with another company.

5. Data Retention. We retain your personal information for as long as necessary to provide the Services and fulfil the transactions you have requested, or for other essential purposes such as complying with our legal obligations, maintaining business and financial records, resolving disputes, maintaining security, detecting and preventing fraud and abuse, and enforcing our agreements. We retain your contact information after the termination of our Services to you in order to continue to communicate with you. Information stored in routine backups may also be retained for the period those backups are retained in the ordinary course of business.

6. Locations of Processing. Your personal information may be stored and processed outside of your jurisdiction of residence.

7. Data Security. We use reasonable methods, consistent with industry practices, to protect the confidentiality of your information, including administrative, physical and technical methods. Information you submit to or receive from our Services is sent using an encrypted TLS (SSL) connection. No method of transmission over the internet is completely secure and no method of protecting information is completely secure. Therefore we cannot and do not guarantee the security of your information.

8. Children’s Privacy. We do not knowingly collect information from children under the age of 18 or target the Services to children under 18. If you believe we might have any information from or about a child under 18, please contact us at legal@letspluck.com.

9. Your Communications Preferences. When you register as a User, you consent to receive email messages from us. You may modify this consent later by contacting us at legal@letspluck.com. At any time you can choose to no longer receive commercial or promotional emails from us by contacting us at legal@letspluck.com. You also will be given the opportunity, in any commercial email that we send to you, to opt out of receiving such messages in the future. It may take up to 10 days for us to process an opt-out request. We may send you transactional and relationship emails, such as service announcements, administrative notices, and surveys, without offering you the opportunity to opt out of receiving them. Please note that changing information in your account, or otherwise opting out of receipt of promotional email communications, will only affect future activities or communications from us. If we have already provided your information to a third party (such as a service provider) before you have changed your preferences or updated your information, you may have to change your preferences directly with that third party.

10. Accessing and Updating Your User Information. The Platform may allow you to directly access and review your account information and make corrections or updates on login at any time. Keeping such information up to date is your responsibility. You may also close your account directly through the Services or by contacting customer support.

11. Changes. We will update this Privacy Policy from time to time. Any changes will be posted on this page with an updated revision date. If we make any material changes, we will provide notice through the Platform or by other means and, where required by applicable Law, seek your consent.

12. Contact. You may contact us as follows: Pluck, Inc., 2401 Fountain View Dr Ste 312 #98, Houston, TX 77057 and the email address for Company will be legal@letspluck.com.

Pluck, Inc.

Last Updated 2023-07-22