Privacy Policy

Yardzen Privacy Policy

Effective Date: August 8, 2022

1. Who We Are and What We Do

At Yardzen, Inc. (“Yardzen”, “we”, “us”, or “our”), we provide online landscape design services to our customers. This Privacy Policy is designed to help explain our information practices, the kinds of information we collect, how we use and share that information, and how you can exercise your privacy rights.

2. Scope

This Privacy Policy applies to Personal Information Processed by us in our business, including on our websites (each a “Site”), forums, blogs, and other online or offline offerings (collectively, the “Services”).

3. Personal Information We Collect

The types of Personal Information we collect and our privacy practices depend on how you interact with us, our Services, and the requirements of applicable law.

Personal Information You Provide to Us Directly

  • Communications with Us. We may collect Personal Information from you such as email address, phone number, or mailing address when you request information about our Services, request customer or technical support, or otherwise communicate with us.
  • Creating Design Profiles. If you create (or begin to create) a Design Profile with us, we may collect Personal Information such as your full name, email address, phone number and physical address. We may also collect other information from you, such as your design preferences and design goals, descriptions about your home, and photographs of your home or yard that you may upload to the Services.
  • Purchases. We may collect personal information and details associated with your purchases, including payment information. Any payments made via our Services are processed by third-party payment processors. We do not directly collect or store any payment card information entered through our Services, but we may receive information associated with your payment card information (e.g., your billing details).
  • Surveys. We may contact you to participate in surveys. If you decide to participate, you may be asked to provide certain information which may include Personal Information.
  • Interactive Features. We and others who use our Services may collect personal information that you may submit or make available through our interactive features, such as forums, blogs, or social media pages. Any content you provide on these channels will be considered “public”, unless otherwise required by law, and is not subject to the privacy protections referenced herein.
  • Chat/Messaging. If you participate in chats with or message Yardzen landscape designers, Yardzen customer service representatives, or other Yardzen representatives through our Services, any Personal Information disclosed in those chats or messages may be collected.
  • Registration for Sweepstakes or Contests. We may run sweepstakes and contests. Contact information you provide may be used to reach you about the sweepstakes or contest and for other promotional, marketing and business purposes, if permitted by law. In some jurisdictions, we are required to publicly share information of winners.
  • Conferences, Trade Shows, and Other Events. We may collect personal information from individuals when we attend or host conferences, trade shows, and other events.
  • Business Development and Strategic Partnerships. We may collect personal information from individuals and third parties to assess and pursue potential business opportunities.
  • Job Applications. We may post job openings and opportunities on our Services. If you respond to one of these postings, we may collect your personal information, such as your application, CV, cover letter, and/or any other information you provide to us

Personal Information Collected Automatically

  • Automatic Data Collection. We may collect certain information automatically when you use the Services. This information may include your Internet protocol (IP) address, user settings, IMEI, MAC address, cookie identifiers, details about your browser, operating system or device, location information as derived from an IP address, Internet service provider, pages that you visit before, during and after using the Services, information about the links you click, and other information about how you use the Services. Information we collect may be associated with accounts and other devices.
  • See also our Cookie Policy below in Section 5

Information from Other Sources

  • We may obtain information about you from other sources, including through third party services and organizations to supplement information provided by you. This supplemental information may be used to verify information that you have provided to us and to enhance our ability to provide you with information about our business, products, and Services.

4. How We Use Your Personal Information

We Process Personal Information about Individuals for a variety of business purposes, as described below:

To fulfill our Contract with you, and provide you with our Services such as:

  • Managing Individual information and accounts;
  • Communicating with you regarding questions, comments, and other requests, as well as to notify you about your account or policy changes;
  • Processing your financial information and other payment methods for products or Services purchased;
  • Provide access to certain areas, functionalities, and features of our Services;
  • Processing applications if you apply for a job we post on our Services;
  • Answer requests for customer or technical support; and
  • Allow you to register for events.

For Administrative Purposes including:

  • Direct marketing, research and development (including marketing research);
  • Network and information security, detecting security incidents, protecting against malicious, deceptive, fraudulent or illegal activity, and prosecuting those responsible for that activity;
  • Measuring interest and engagement in our Site and Services;
  • Improving, updating, or enhancing our Services;
  • Developing new products and Services;
  • Ensuring internal quality control and safety;
  • Authenticating and verifying individual identities, including requests to exercise your rights under this Privacy Policy;
  • Debugging to identify and repair errors with our Services;
  • Auditing relating to interactions, transactions, and other compliance activities;
  • Sharing personal information with third parties as needed to provide the Services;
  • Enforcing our agreements and policies; and carrying out activities that are required to comply with our legal obligations.

To Market Our Products and Services.

We may use Personal Information to tailor and provide you with content and advertisements about offers, products, and Services that may be of interest, including new content or Services. We may provide you with these materials as permitted by applicable law.

  • Some of the ways we market to you include email campaigns, text messages, custom audiences advertising, and “interest-based” or “personalized advertising,” including through cross-device tracking.
  • Text marketing (SMS/MMS): With your permission, we may send text messages about our offerings, and other updates.
  • Direct Mail, Email and Outbound Telemarketing. Individuals who provide us with Personal Information, or whose Personal Information we obtain from Third Parties, may, as permitted by law, receive periodic emails, newsletters, mailings or phone calls from us with information on Yardzen’s products and services or upcoming special offers/events we believe may be of interest.
  • You may contact us at any time to opt out of the use of your Personal Information for marketing purposes as described below or by following the instructions in the email or text, as applicable.

For other purposes that are clearly disclosed to you at the time you provide personal information or with your consent.

For De-identified and Aggregated Information Use.

  • We may use Personal Information and other information about you to create de-identified and aggregated information, such as de-identified demographic information, de-identified location information, information about the computer or device from which you access our Site and Services, or other analyses we create. De-identified or aggregated information is not Personal Information, and we may use such information in a number of ways, including research, internal analysis, analytics, and any other legally permissible purposes.

For Sharing Content with Friends or Colleagues.

  • Yardzen’s Site and Services may offer various tools and functionalities. For example, Yardzen allows you to provide information about your friends through our referral services. Our referral services may allow you to forward or share certain content with a friend or colleague, such as an email inviting your friend to use our Services. Email addresses that you may provide for a friend or colleague will be used to send your friend or colleague the content or link you request, but will not be collected or otherwise used by Yardzen or any other third parties for any other purpose.

5. Cookies, Pixel Tags/Web Beacons, Analytics Information, and Interest-Based Advertising

We, as well as third parties that provide content, advertising, or other functionality on the Services, may use cookies, pixel tags, and other technologies (“Technologies”) to automatically collect information through the Services.

  • Cookies. Cookies are small text files placed in device browsers that store preferences and enhance your experience. Most browsers allow you to block and delete cookies. However, if you do that, the Services may not work properly.
  • Pixel Tags/Web Beacons. A pixel tag (also known as a web beacon) is a piece of code embedded in our Services that collects information about engagement on our Services. The use of a pixel tag allows us to record, for example, that a user has visited a particular web page or clicked on a particular advertisement. We may also include web beacons in emails to understand whether messages have been opened, acted on, or forwarded.
  • Our uses of these Technologies fall into the following general categories:
    • Operationally Necessary. This includes Technologies that allow you access to our Services, applications and tools that are required to identify irregular website behavior, prevent fraudulent activity, improve security or allow you to make use of our functionality;
    • Performance Related. We may use Technologies to assess the performance of our Services, including as part of our analytic practices to help us understand how individuals use our Services (see Analytics below); • Functionality Related. We may use Technologies that allow us to offer you enhanced functionality when accessing or using our Services. This may include identifying you when you sign into our Services or keeping track of your specified preferences, interests, or past items viewed;
    • Advertising or Targeting Related. We may use first party or third-party Technologies to deliver content, including ads relevant to your interests, on our . Services or on third party digital properties.
  • Analytics. We may use Technologies and other third-party tools to process analytics information on our Services. These Technologies allow us to better understand how our digital Services are used to continually improve and personalize our Services. Below, we list some of the analytics service providers we use, including links where you can find more information about the analytics services and where you can opt out of the analytic service’s collection (when applicable).
  • Google Analytics, GA Audience, Google Tag Manager, LiveChat
    • Information: www.google.com/policies/privacy/partners/
    • Opt-Out: http://tools.google.com/dlpage/gaoptout
  • Double Click
    • Information: https://policies.google.com/privacy?hl=en
    • Opt-Out: https://adssettings.google.com/authenticated
  • Facebook Custom Audience and Facebook Connect
    • Information: https://www.facebook.com/privacy/explanation
    • Opt-out: https://www.facebook.com/ads/preferences/?entry_product= ad_settings_screen
  • Drip
  • Typekit by Adobe
    • Information: https://www.adobe.com/privacy/policies/adobefonts.html
    • Opt-Out: https://www.adobe.com/privacy/opt-out.html#5

Third Party Websites/Applications, Social Media Platforms and Software Development Kits

The Services may contain links to other websites/applications and other websites/applications may reference or link to our Site or other Services. These other websites and applications are not controlled by us. We encourage our users to read the privacy policies of each website and application with which they interact. We do not endorse, screen or approve, and are not responsible for the privacy practices or content of such other websites or applications. Visiting these other websites or applications is at your own risk.

We may use third party APIs and software development kits (“SDKs”) as part of the functionality of our Services. APIs and SDKs may allow third parties including advertising partners to collect your Personal Information to provide content that is more relevant to you.For more information about our use of APIs and SDKs, please contact us as set forth below.

6. How We May Disclose Your Information

We may share your information as described in this Privacy Policy:

We Use Service Providers. We may share any information we receive with service providers. The types of service providers (processors) to whom we entrust Personal Information include service providers for: (i) provision of IT and related services; (ii) provision of information and services you have requested; (iii) payment processing such as Stripe and Airtable (iv) customer service activities; and (v) the provision of the Site and Services.

Business Partners. We may share your personal information with business partners to provide you with a product or service you have requested. We may provide Personal Information to business partners with whom we jointly offer products or services. In such cases, our business partner’s name will appear along with ours.

Local Contractors. Once a Deliverable has been provided to you and your design has been finalized, we may provide Personal Information to local, vetted contractors within Yardzen’s Pro Contractor Network, or another qualified local contractor that Yardzen searches for, who will implement your design and create a finished product based on your design. Such Personal Information will be shared solely as necessary to match you to a local contractor.

Affiliates. We may share your personal information with our company affiliates.

Advertising Partners. We may share your personal information with third-party advertising partners. Through our Services, Yardzen may allow third party advertising partners to set Technologies and other tracking tools to collect information regarding your activities and your device (e.g., your IP address, page(s) visited, time of day). We may also combine and share such information and other information (such as demographic information and past purchase history) with third party advertising partners. These advertising partners may use this information (and similar information collected from other websites) for purposes of delivering targeted advertisements to you when you visit third party websites within their networks. This practice is commonly referred to as “interest-based advertising” or “online behavioral advertising.” We may allow access to other data collected by the Site and Services to share information that may be useful, relevant, valuable, or otherwise of interest to you. If you prefer not to share your Personal Information with third party advertising partners, you may follow the instructions below.

Disclosures to Protect Us or Others. We may access, preserve, and disclose your Personal Information, other account information, and content if we, in good faith, believe doing so is required or appropriate to: (i) comply with law enforcement or national security requests and legal process, such as a court order or subpoena; (ii) respond to your requests; (iii) protect your, our or others’ rights, property, or safety; (iv) to enforce our policies or contracts; (v) to collect amounts owed to us; (vi) when we believe disclosure is necessary or appropriate to prevent physical harm or financial loss or in connection with an investigation or prosecution of suspected or actual illegal activity; or (vii) if we, in good faith, believe that disclosure is otherwise necessary or advisable.

Merger, Sale, or Other Asset Transfers. If we are involved in a merger, acquisition, financing due diligence, reorganization, bankruptcy, receivership, purchase or sale of assets, or transition of service to another provider, then your information may be sold or transferred as part of such a transaction as permitted by law and/or contract.

7. International Data Transfers

You agree that all information Processed by us may be transferred, Processed, and stored anywhere in the world.

Personal Information may be stored in the cloud, on our servers, on the servers of our affiliates or the servers of our service providers.

8. Your Privacy Choices and Rights

Your Privacy Choices. The privacy choices you may have about your personal information are determined by applicable law and are described below.

  • Email Communications. If you receive an unwanted email from us, you can use the unsubscribe link found at the bottom of the email to opt out of receiving future emails. Note that you will continue to receive transaction-related emails regarding products or Services you have requested. We may also send you certain non-promotional communications regarding us and our Services, and you will not be able to opt out of those communications (e.g., communications regarding our Services or updates to our Terms or this Privacy Policy).
  • “Do Not Track”. Do Not Track (“DNT”) is a privacy preference that users can set in certain web browsers. Please note that we do not respond to or honor DNT signals or similar mechanisms transmitted by web browsers.
  • Cookies and Personalized Advertising. You may stop or restrict the placement of Technologies on your device or remove them by adjusting your preferences as your browser or device permits. However, if you adjust your preferences, our Services may not work properly. The online advertising industry also provides websites from which you may opt out of receiving targeted ads from data partners and other advertising partners that participate in self-regulatory programs. You can access these and learn more about targeted advertising and consumer choice and privacy by visiting the Network Advertising Initiative, the Digital Advertising Alliance, the European Digital Advertising Alliance, and the Digital Advertising Alliance of Canada. Please note you must separately opt out in each browser and on each device.

Your Privacy Rights.

In accordance with applicable law, you may have the right to:

  • Access to and Portability of Your Personal Information, including: (i) confirming whether we are processing your personal information; (ii) obtaining access to or a copy of your personal information; and (iii) receiving an electronic copy of personal information that you have provided to us, or asking us to send that information to another company in a structured, commonly used, and machine readable format (also known as the “right of data portability”);
  • Request Correction of your personal information where it is inaccurate or incomplete;
  • Request Deletion of your personal information;
  • Request Restriction of or Object to our processing of your personal information; and
  • Withdraw your Consent to our processing of your personal information. Please note that your withdrawal will only take effect for future processing, and will not affect the lawfulness of processing before the withdrawal.

9. Data Retention

Yardzen stores the Personal Information we receive as described in this Privacy Policy for as long as you use our Services or as necessary to fulfill the purpose(s) for which it was collected, provide our Services, resolve disputes, establish legal defenses, conduct audits, pursue legitimate business purposes, enforce our agreements, and comply with applicable laws.

10. Security of Your Information

We take steps to ensure that your information is treated securely and in accordance with this Privacy Policy. Unfortunately, no system is 100% secure, and we cannot ensure or warrant the security of any information you provide to us. To the fullest extent permitted by applicable law, we do not accept liability for unauthorized access, use, disclosure, or loss of personal information.

By using the Services or providing Personal Information to us, you agree that we may communicate with you electronically regarding security, privacy, and administrative issues relating to your use of the Services. If we learn of a security system’s breach, we may attempt to notify you electronically by posting a notice on the Services, by mail or by sending an e-mail to you.

11. Children’s Information

The Site and Services are not directed to people under 18 (or other age as required by local law), and we do not knowingly collect Personal Information from children. If you learn that your child has provided us with Personal Information without your consent, you may contact us as set forth below. If we learn that we have collected any Personal Information in violation of applicable law, we will promptly take steps to delete such information and terminate the child’s account.

12. Supplemental Notice for California Residents

This Supplemental Notice for California Residents only applies to our processing of personal information that is subject to the California Consumer Privacy Act of 2018 (“CCPA”). The CCPA provides California residents with the right to know what categories of personal information Yardzen has collected about them, and whether Yardzen disclosed that personal information for a business purpose (e.g., to a service provider) in the preceding twelve months. California residents can find this information below:

Category of Personal Information Collected by Yardzen:

Identifiers

Category of Third Parties Personal Information is Disclosed to for a Business Purpose:

  • Service Providers
  • Business Partners
  • Local Contractors
  • Advertising Partners

Category of Personal Information Collected by Yardzen:

Personal information categories listed in the California Customer Records statute (Cal. Civ. Code § 1798.80(e))

Category of Third Parties Personal Information is Disclosed to for a Business Purpose:

  • Service Providers
  • Business Partners
  • Local Contractors

Category of Personal Information Collected by Yardzen:

Commercial Information

Category of Third Parties Personal Information is Disclosed to for a Business Purpose:

  • Service Providers
  • Business Partners
  • Local Contractors
  • Advertising Partners

Category of Personal Information Collected by Yardzen:

Internet or other electronic network activity

Category of Third Parties Personal Information is Disclosed to for a Business Purpose:

  • Service Providers
  • Advertising Partners

Category of Personal Information Collected by Yardzen:

Professional or employment-related information

Category of Third Parties Personal Information is Disclosed to for a Business Purpose:

  • Service Providers

Category of Personal Information Collected by Yardzen:

Inferences drawn from other personal information to create a profile about a consumer

Category of Third Parties Personal Information is Disclosed to for a Business Purpose:

  • Service Providers
  • Business Partners
  • Advertising Partners

The categories of sources from which we collect personal information and our business and commercial purposes for using personal information are set forth in “Personal Information We Collect” and “ How We Use Your Personal Information” above, respectively.

Additional Privacy Rights for California Residents

“Sales” of Personal Information under the CCPA. For purposes of the CCPA, Yardzen does not “sell” personal information, nor do we have actual knowledge of any “sale” of personal information of minors under 16 years of age.

Non-Discrimination. California residents have the right not to receive discriminatory treatment by us for the exercise of their rights conferred by the CCPA.

Authorized Agent. Only you, or someone legally authorized to act on your behalf, may make a verifiable consumer request related to your personal information. You may also make a verifiable consumer request on behalf of your minor child. To authorize an agent, provide written authorization signed by you and your designated agent and contact us as set forth in “Contact Us” below for additional instructions.

Verification. To protect your privacy, we will take steps to reasonably verify your identity before fulfilling your request. These steps may involve asking you to provide sufficient information that allows us to reasonably verify you are the person about whom we collected personal information or an authorized representative, or to answer questions regarding your account and use of our Services.

If you are a California resident and would like to exercise any of your rights under the CCPA, please contact us as set forth in “Contact Us” below. We will process such requests in accordance with applicable laws.

13. Supplemental Notice for Nevada Residents

If you are a resident of Nevada, you have the right to opt-out of the sale of certain personal information to third parties who intend to license or sell that personal information. Please note that we do not currently sell your personal information as sales are defined in Nevada Revised Statutes Chapter 603A. If you have any questions, please contact us as set forth in Contact Us below.

14. Changes to Our Privacy Policy

We may revise this Privacy Policy from time to time in our sole discretion. If there are any material changes to this Privacy Policy, we will notify you as required by applicable law. You understand and agree that you will be deemed to have accepted the updated Privacy Policy if you continue to use the Services after the new Privacy Policy takes effect.

15. Other Provisions

Third-Party Websites/Applications. The Services may contain links to other websites/applications and other websites/applications may reference or link to our Services. These third-party services are not controlled by us. We encourage our users to read the privacy policies of each website and application with which they interact. We do not endorse, screen, or approve, and are not responsible for, the privacy practices or content of such other websites or applications. Providing personal information to third-party websites or applications is at your own risk.

16. Definitions

“Personal Information” is any information relating to an identified or identifiable natural person.

“Process” or “Processing” means any operation which is performed upon Personal Information, whether or not by automatic means, such as collection, recording, organization, structuring, storage, adaptation or alteration, retrieval, consultation, use, disclosure by transmission, dissemination or otherwise making available, alignment or combination, restriction, erasure, or destruction. 

17. Contact Us

Yardzen is the controller of personal information we process under this Privacy Policy.

If you have any questions about our privacy practices or this Privacy Policy, or to exercise your rights as detailed in the Privacy Policy, please contact us at:

Yardzen

480 Gate 5 Road, Suite 130

Sausalito, CA 94965

[email protected]