Privacy Policy

Last Updated: July 22nd, 2020

Mark’s Garden (“Mark’s Garden,” “we”, “us”, “our”)) values our online community.  You trust us with your information, and we’re 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 we collect or receive from users of Marksgarden.com, its social media pages (including Facebook, Instagram and Twitter pages) and any services offered through Marksgarden.com.  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 is incorporated by reference into the Terms of Use . After review of the Privacy Policy, if you have any further questions, please contact Mark’s Garden or [email protected]

 

Information Collected or Received 

Mark’s Garden may require users of the Site to give us personally identifiable information, which may include but is not limited to the user’s 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 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.  You can opt out of providing Personal Information by not entering it or not using the Site, although not providing Personal Information may hinder your ability to use the Site and/or services offered therefrom. 

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.

How We Use Information

We use the information we collect from the Service mainly as follows: (i) to provide, maintain, protect and improve the Service (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 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; and (vii) for any other legitimate business purpose such as billing, identification and authentication purposes, or for which the information was collected. Mark’s Garden may 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.

Mark’s Garden automatically receives and records 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.  

 

Messages from Mark’s Garden

On occasion, Mark’s Garden 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. The default, required form of communication is email. In some situations, Mark’s Garden may send you physical mail or text messages.

Some messages from Mark’s Garden are service-related and required for continued service.  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.  

In the event that Mark’s Garden is involved in a bankruptcy, merger, acquisition, reorganization or sale of assets, Mark’s Garden reserves the right to sell or transfer user information (including Personal Information) as part of any such transaction. If we are involved in a merger, acquisition, or sale of assets, we will continue to take measures to protect the confidentiality of personal information and give users notice before transferring any personal information to a new entity. To the maximum extent allowable by law, the Privacy Policy will apply to the user information as transferred to the successor entity.  However, user information submitted after a transfer to a successor entity may be subject to a new privacy policy adopted by the successor entity. When you a 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.

 

Cookies & Tracking Technologies

Mark’s Garden uses a variety of technologies to help us better understand how people use the Site.

A cookie is a small data file sent from a web site to your browser that is stored on your computer’s hard drive.  Mark’s Garden uses 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 Mark’s Garden; estimate and report Mark’s Garden total audience size and traffic; 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 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 our 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.  Mark’s Garden does not tie the information gathered by Flash cookies to your personally identifiable information.

Mark’s Garden 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 partner to recognize your computer each time you visit Mark’s Garden, but do not allow access to personally identifiable information from Mark’s Garden.  Mark’s Garden does not have access or control over these third-party technologies, and they are not covered by our privacy statement. You may be able to change 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. Mark’s Garden is not presently configured to respond to DNT or “do not track” signals from web browsers.

 

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 Mark’s Garden immediately for further action.

Mark’s Garden encrypts sensitive information (such as credit card number) using secure socket layer technology (SSL). Mark’s Garden follows generally accepted industry standards to protect the personal information submitted to us, both during transmission and once Mark’s Garden receives 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 as regards the security of your Personal Information or data during its transfer over the Internet. 

 

Data Retention

Mark’s Garden will retain your information for as long as your account is active or as needed to provide you services.  If you no longer want Mark’s Garden to use your information to provide you services, you may close your account. Mark’s Garden will retain and use your information as necessary to comply with our legal obligations, resolve disputes, and enforce our agreements.

 

International Users

The Site is exclusively hosted in the United States.  If you are 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. 

 

For Residents of the State of California Only

 The California Consumer Privacy Act (the “CCPA” or “Act”) provides California residents with specific rights regarding their personal information.  It should be noted that personal information under the Act does not include publicly available information from governmental records and de-identified or aggregated consumer information.  This section describes your rights under the Act and explains how to exercise those rights. 

Right to Personal Information.

As required by the Act, we will provide you the following information upon a verifiable consumer request:  (1) categories of Personally Identifiable Information that we collect; (2) categories of sources from which the Personally Identifiable Information is collected; (3) the purpose of collecting such Personally Identifiable Information; (4) the categories of third parties with whom we share Personally Identifiable Information; and (5) specific pieces of Personally Identifiable Information collected.  If we sold or disclosed your Personally Identifiable Information for a business purpose in the preceding 12 months, we will provide (a) a list of the categories of personal information that was sold, and (b) a list of the categories of personal information that was disclosed for a business purpose.

Right to Request Deletion of Personal Information.

According to the Act, you may request that your Personally Identifiable Information be deleted.  We will comply with this request once we are able to confirm that we received a verified consumer request.  Please be advised that we may deny your request to delete your Personally Identifiable Information if we need to maintain your Personally Identifiable Information in order to (1) complete a transaction, provide service or goods, or perform a contract for which the Personally Identifiable Information is collected; (2) detect any security incidents, protect against malicious, deceptive, fraudulent, or illegal activity; or prosecute those responsible for these activities; (3) debug products and to identify and repair errors that impair functionality of the Service or Website; (4) exercise free speech, ensure the right of another consumer to exercise his or her right of free speech, or exercise another right provided by law; (5) comply with the California Electronic Communications Privacy Act (Cal. Penal Code § 1546 seq.); (6) 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 the information’s deletion may likely render impossible or seriously impair the research’s achievement, if you previously provided informed consent; (7) enable solely internal uses that are reasonably aligned with consumer expectations based on your relationship with us; (8) comply with a legal obligation; or (9) otherwise use your Personally Identifiable Information, for internal use only, that is compatible with the context in you provide the Personally Identifiable Information.

Exercising your CCPA Rights. 

To request (a) information about your Personally Identifiable Information collected or (b) deletion of your Personally Identifiable Information, please email [email protected], log into your account and make a request, or standard mail to the address found below. 

We can only respond to verifiable consumer requests.  A verifiable consumer request means a request that is made by consumer, by a consumer on behalf of a consumer’s minor child, or a person registered with the California Secretary of State that is authorized to act on your behalf.  Your verifiable consumer request must include (1) sufficient information that allows us to verify your identity or provides sufficient authority to make the request; and (2) describes you request with enough detail to evaluate and respond to your request.   We will not respond to any requests if we cannot verify your identity or authority to make the request and confirm that the personal information belongs to you.  You are not required to create an account in order to make a verifiable consumer request.  We are not required to comply with more than two verifiable requests from the same consumer in a 12-month period of time.

Please allow 45 days to complete your request.  We will inform you if more time is required to complete, but it should take no longer than 90 days.  If you have an account, we may provide our response to your account.  If you do not have an account, we will provide our response according to your requested format, namely, electronically or by mail. Please note that there is no charge for making a request, but we reserve the right to charge a fee if the request is deemed excessive, repetitive, or manifestly unfounded.  We will notify you of any fee and reasons for such fee before completing your request. 

  

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. Any legal actions against Mark’s Garden arising out of or related to the Site or any services offered thereon must be commenced in the County of Los Angeles in the State of California in the United States of America.

 

Contact Mark’s Garden

If you have questions or suggestions you can contact Mark’s Garden support team by sending an email to [email protected] or writing to: Brooke Osborn, [email protected]