Privacy Policy
Last Updated: July 26th, 2022
Mark’s Garden (“Mark’s Garden”, “we”, “us” or “our”) values our online community. You trust us with your information, and we are serious about that responsibility. We believe in transparency, and we’re committed to being upfront about our privacy practices, including how we treat Personal Information (as defined below) we collect or receive from users of Marksgarden.com, our mobile applications and social media pages (including Facebook, Instagram and Twitter pages), or through any third-party websites or mobile applications that include links to this Privacy Policy (collectively referred to hereinafter as the “Site”). We know you care about your privacy, too, so we provide settings that allow you to control how certain information is used on the Site.
This Privacy Policy outlines the type of information that we collect and receive from and about you. Additionally, this Privacy Policy identifies the ways in which we use, and sometimes share, such information and what choices you have with regard to the collection and use of your Personal Information.
Please read this Privacy Policy carefully to understand our policies and practices regarding your Personal Information and how we will treat it. If you do not agree with our policies and practices, your choice is not to use the Site or not to provide or enter your Personal Information, although not providing Personal Information may hinder your ability to use the Site and/or any services and products offered therefrom (collectively, the “Services”). By accessing or using Site, you agree to this Privacy Policy. This Privacy Policy may change from time to time (see the section “Changes to Our Privacy Policy” below). Your continued use of the Site after we make changes is deemed to be acceptance of those changes, so please check this Privacy Policy periodically for updates.
This Privacy Policy is incorporated by reference into the Terms of Use. After reviewing this Privacy Policy, if you have any further questions, please contact us at [email protected].
Personal Information Collected or Received
When you visit the Site or use any of the Services, you may share and/or we may automatically collect personally identifiable information, which may include but is not limited to your name, home and business addresses, phone number, email address, valid identification and credit card/payment account information (collectively “Personal Information”). Besides the Personal Information, we may also collect other non-personally identifiable information relative to your use of the Site or Services as discussed below. Certain Services offered through the Site may require different types and forms of Personal Information, including delivery address and contact information for recipients of orders.
We collect Personal Information about you in a variety of ways, including:
Information You Provide Directly to Us: We collect Personal Information when you provide it to us by using the Site and/or Services. This may include information from forms you submit to us, personal correspondence (such as emails or letters that you send to us), information you include in any orders you complete on the Site, information you provide when scheduling appointments through the Site, any information and user content you submit in online portals and communications, or any other activity through which you identify yourself to us. We also may ask you to voluntarily provide us with Personal Information on the Site.
Customer Support: We may collect information about you through your communications with our customer-support team.
Location Information: We collect and store your location information if you enable your mobile device to send it to us, such as by use of geolocation features in the device(s) through which you access the Service, or by inference from other information we collect (for example, your IP address indicates the general geographic region from which you are connecting to the Internet). We use location information to provide you with features, notifications, advertising or other content that is influenced by your location.
Making Payments: If you are a customer, our service providers will collect and process your payment information. We may store payment card information.
Information from Third Parties: We may receive and supplement the information we directly collect from you with information from third parties, such as third-party vendors and other service providers. We may also receive information from any third party you direct to share information with us. For example, if you are on a third-party website or service and you opt-in to receive information from us, the third party may forward to us your email address and other information about you so that we may contact you as requested. We collect information from third parties to provide you with the Services and for our other business purposes.
How We Use Information
We use the information we collect from the Site and Services mainly as follows: (i) to provide, maintain, protect and improve the Services (including data analytics), to develop new ones, and to protect Mark’s Garden and customers; (ii) to respond to your submissions, questions, comments, requests and complaints and provide customer service; (iii) as part of our efforts to keep the Site safe and secure; (iv) to protect Mark’s Garden’s rights or property; (v) for internal operations, including troubleshooting, data analysis, testing, research, customization and improvements to service and experience on the Site; (vi) to send you confirmations, updates, security alerts, and support and administrative messages; (vii) for any other legitimate business purpose, such as billing, identification and authentication purposes, or for which the information was collected; (viii) in any other way we may describe when you provide the information; and (ix) for any other purpose with your consent.
We may also use information to provide online advertising on the Site and to send you information we think may be useful or relevant to you. You may opt out of email marketing by using the unsubscribe link in a marketing email or you may opt out by altering your account settings.
We automatically receive and record some information from your browser when you visit the Site, such as your IP address, cookies and data about which pages you visit on the Site through the use of log files provided by our third-party tracking-utility partners as discussed below in the “Cookies & Tracking Technologies” section of this Privacy Policy. This information helps us analyze and understand how the Site works for members and visitors.
How We Share Your Personal Information
Except as set forth in this Privacy Policy or as specifically agreed to by you, we will not disclose your Personal Information (and other information related thereto).
We may disclose your Personal Information:
To our subsidiaries and affiliates;
To third-party vendors and other service providers that perform services on our behalf, such as payment processors and financial institutions to process payments, vendors that provide mailing services and marketing services and data analytics providers;
To a person who in our reasonable judgment is seeking the information as your authorized agent;
To a buyer or other successor in the event of a merger, divestiture, restructuring, reorganization, dissolution, or other sale or transfer of some or all of Mark’s Garden’s assets, whether as a going concern or as part of bankruptcy, liquidation, or similar proceeding, in which Personal Information held by Mark’s Garden about our Site users is among the assets transferred;
To fulfill the purpose for which you provide it;
For any other purpose disclosed by us when you provide the information;
With your consent;
To a third party where disclosure is required by law, or where we have a good faith belief that such action is necessary to comply with a judicial or administrative proceeding, a criminal investigation, a court order or legal process served on us;
At the request of governmental authorities conducting an investigation;
To a third party if, in our sole judgment, we believe there to be a credible situation that requires us to investigate, prevent or take action regarding illegal activity, suspected fraud, situations involving potential threats to the security or integrity of our Site or violations of our Terms of Use or Privacy Policy of the Site or Services; and
If we believe, in our sole judgment, disclosure is necessary or appropriate to protect the rights, property or safety of Mark’s Garden, our customers or others.
Messages from Mark’s Garden
On occasion, we will send you messages if you have chosen to receive such messages and submitted either your e-mail address or a physical mailing address to the Site. We will usually send communication via email but we also may send you physical mail or text messages from time to time.
Some messages from Mark’s Garden are Service-related and required for us to continue to provide you with the Services. Examples of Service-related messages include, but are not limited to: a welcome/confirmation email when you register your account, notification of an order, or correspondence with Mark’s Garden Sales team. These messages are not promotional in nature. You may opt out of receiving messages from us by calling our customer service team directly.
Cookies & Tracking Technologies
We use a variety of technologies to help us better understand how people use the Site.
A cookie is a small data file sent from a website to your browser that is stored on your computer’s hard drive and may be used to store your Personal Information. We use our own cookies for a number of purposes, including to access your information when you sign in; keep track of preferences you specify; display the most appropriate content based on your interests and activity on the Site; estimate and report our total audience size and traffic and conduct research to improve our content and Services. You can configure your browser’s settings to reflect your preference to accept or reject cookies. If you reject all cookies, you will not be able to take full advantage of the services offered by the Site.
We use Flash cookies (a.k.a local shared objects or LSOs) to store some of your viewing preferences on the Site. Flash cookies are used to collect and store information, but differ from browser cookies in the amount, type and manner in which data is stored. We do not tie the information gathered by Flash cookies to your Personal Information.
We may partner with third-party services who may use various tracking technologies, such as browser cookies or Flash cookies, to provide certain services or features. These technologies allow a third-party partner to recognize your computer each time you visit the Site, but do not allow access to Personal Information. We do not have access or control over these third-party technologies, and they are not covered by this Privacy Policy. You may be able to change your browser settings to refuse and/or disable cookies when you access the Site through a web browser. The steps to do this vary depending on the browser used, but generally can be found by using the “Help” feature available on your browser. However, if you do that, the Site may not work properly and/or personalized features of the Site will be disabled. The Site is not presently configured to respond to DNT or “do not track” signals from web browsers.
When you load a page on the Site that has a social plug-in from a third-party site or service, such as a Facebook Like or Send button, you are also loading content from that third-party site. That site may request cookies directly from your browser. We have no control over these interactions, and they are subject to the privacy policy of the third-party site. You will need to check the privacy policies of these third-party sites to understand their policies and how they treat information you provide to them. We encourage you to ask questions before you disclose your Personal Information to others.
In addition to cookies, we may use other now known or later developed technologies to assist us in observing the behavior of users visiting the Site.
Choices About How We Use and Disclose Your Information
We strive to provide you with choices regarding the personal information you provide to us. We have created mechanisms to provide you with the following control over your information:
• Tracking Technologies and Advertising. You can set your browser to refuse all or some browser cookies, or to alert you when cookies are being sent. To learn how you can manage your Flash cookie settings, visit the Flash player settings page on Adobe’s website at www.adobe.com. If you disable or refuse cookies, please note that some parts of the Site may then be inaccessible or not function properly.
• Promotional Offers from Mark’s Garden. If you do not wish to have your email address or other contact information used by us to promote our own or third parties’ products or services, you can opt-out by sending us an email stating your request to [email protected]. If we have sent you a promotional email, you may send us a return email asking to be omitted from future email distributions. This opt out does not apply to information provided to us as a result of a product order, product service experience or other transactions.
We do not control third parties’ collection or use of your information to serve interest-based advertising. However, these third parties may provide you with ways to choose not to have your information collected or used in this way. You can opt out of receiving targeted ads from members of the Network Advertising Initiative (“NAI”) on the NAI’s website.
Accessing and Correcting Your Information
If you have registered an account with us on the Site, you can review and change your personal information by logging into the Site and visiting your account profile page.
You may also send us an email at [email protected] to request access to, correct or delete any Personal Information that you have provided to us. We cannot delete your Personal Information except by also deleting your user account. We may not accommodate a request to change information if we believe the change would violate any law or legal requirement or cause the information to be incorrect.
Data Security
The security of your Personal Information is important to us. Your Mark’s Garden account information is protected by a password. It is important that you protect against unauthorized access of your account and information by choosing your password carefully, and keeping your password and computer secure by signing out after using our Services. Each password owner is responsible for keeping the password confidential and safe, as Mark’s Garden has no control or responsibility for this type of user information. If the password may have been stolen or might otherwise be misused, it is the responsibility of the password owner to notify us immediately for further action.
We encrypts sensitive information (such as credit card number) using secure socket layer technology (SSL). We follow generally accepted industry standards to protect the Personal Information submitted to us, both during transmission and once we receive it. No method of transmission over the Internet, or method of electronic storage, is 100% secure. Therefore, while we strive to use commercially acceptable means to protect your Personal Information, we cannot guarantee its absolute security. Your data may be lost during transmission or may be accessed by unauthorized parties. We do not accept any liability for direct or indirect losses resulting from any breach of security of your Personal Information or data during its transfer over the Internet.
Data Retention
We will retain your Personal Information for as long as your account is active or as needed to provide Services to you. If you no longer want us to use your information to provide you with Services, you may close your account. We will retain and use your information as necessary to comply with our legal obligations, resolve disputes and enforce our agreements.
Children Under the Age of 13
The Site is not intended for children under 13 years of age. No one under age 13 may provide any Personal Information to or on the Site. We do not knowingly collect Personal Information from children under 13. If you are under 13, do not use or provide any information on the Site or through any of its features, register on the Site, make any purchases through the Site, use any of the interactive or public comment features of the Site, or provide any information about yourself to us, including your name, address, telephone number, email address, or any screen name or user name you may use. If we learn we have collected or received Personal Information from a child under 13 without verification of parental consent, we will delete that information. If you believe we might have any information from or about a child under 13, please contact us at [email protected].
International Users
The Site is exclusively hosted in the United States. If you are a user accessing the Site from the European Union, Australia, Asia or any other region with laws or regulations governing personal data collection, use, and disclosure that differ from United States laws, please note that you are transferring your personal data to the United States which does not have the same data protection laws as such other regions. User information (including Personal Information or “personal data” as defined by foreign laws) collected through the Site may be stored and processed in the United States, and by using the Site, you consent to any such transfer of information outside of your home country.
Changes to Our Privacy Policy
It is our policy to post any changes we make to this Privacy Policy on this page. If we make material changes to how we treat our users’ Personal Information, we will notify you by email to the primary email address specified in your account and/or through a notice on the Site home page. The date this Privacy Policy was last revised is identified at the top of this page. You are responsible for ensuring we have an up-to-date active and deliverable email address for you, and for periodically visiting our Site and this Privacy Policy to check for any changes.
Legal Disclaimer
The Site operates “AS-IS” and “AS-AVAILABLE,” without warranties of any other kind. We are not responsible for events beyond our direct control. This Privacy Policy is governed by the laws of the State of California, excluding conflicts of law principles.
Contact Us
If you have questions or suggestions, you can contact our support team by sending an email to [email protected] or to Brooke Osborn at [email protected], or writing to: Mark’s Garden, 13838 Ventura Boulevard, Sherman Oaks, California 91423.
