1. General Statements
Welcome to the Sproutways family of sites! This Policy (“Policy”) is a legally binding contract between Sproutways. or its applicable affiliate that owns or controls the applicable Website or provides the applicable Services that you may be accessing or using (“Sproutways”, “us”, “we” or “our”), on the one hand, and you and your successors and heirs and (if applicable) the corporate entity you represent (“you” or “your”), on the other hand. This Policy describes our policies on the collection, use, and disclosure of information when you access or use Sproutways’s (a) websites, portals, mobile applications, channels, and software, including Sproutways.com and (b) social media pages and channels (collectively, the “Websites”), including any services, features, media, functions, content, tools, and links contained or offered therein (collectively, the “Services”). When you use the Websites or Services, you consent to our collection, use, modification, and disclosure of information about you as described in this Policy. If you do not accept and agree to this Policy, you may not access or use any of the Websites or Services or create an account or user profile.
We may make changes to this Policy from time to time. When we make material changes to this Policy, we will notify you by (i) sending you an e-mail communication to the e-mail address you most recently provided to us, (ii) prominently posting a notice of the changes on the Websites, or (iii) requiring you to check a box indicating your assent to the updated terms. Continued use of any of the Websites or Services following any applicable notice of such material changes shall indicate your acknowledgement of such changes and agreement to be bound by the terms and conditions of such changes. We may also post additional privacy policies or statements that apply to certain portions of the Websites or Services, and your access to and use of such Websites or Services shall be deemed to be your approval and consent to such additional privacy policies or statements.
2. Information We Collect And How We Use It
How Sproutways Uses Your Information
We generally use your information to:
- Facilitate the creation of and to secure your User Account (as defined below) on the Services;
- Identify you as a user in our system;
- Provide, personalize, and improve the Services;
- Facilitate payment processing by your selected vendor;
- Provide feedback and user base demographics to third-party businesses;
- Communicate with you about your use of the Services;
- Develop new products and Services;
- Track usage of the Websites and Services;
- Recommend content and products, and customize the advertising you view;
- Backup our systems and allow for disaster recovery;
- Fulfill your requests and provide customer support;
- Send newsletters, surveys, offers and promotional materials related to the Services and your user preferences and behaviors and for other marketing purposes of Sproutways using your contact information;
- Protect, investigate, prevent and potentially take action against possible fraudulent, unauthorized, or illegal activities;
- Respond to claims that Website content is inauthentic, counterfeit, or otherwise violates the rights of third parties;
- Respond to your requests for customer service;
- Protect our rights and the rights of other users;
- Enforce our Terms of Service, this Policy, and any other policies governing your access to or use of any of the Websites or Services; and
- As otherwise described in this Policy or in notices we provided to you.
We may also use your information to verify your geographic location. We may use your geographic location data to personalize and improve our Websites or Services, to recommend content, or determine whether the information you have requested is available in your location.
How Sproutways Discloses Your Information
- We may use any information that does not personally identify you for any purpose. This may include sharing with third-parties and may also include sharing your information with others who perform services on our behalf.
- We also may disclose your information if we believe doing so is appropriate or necessary to prevent any liability, or fraudulent, abusive, or unlawful uses or to protect Sproutways, our Websites, and Services; or any rights, property, or personal safety of Sproutways or others.
- In the event that Sproutways is or may be acquired by or merged with another company or involved in any other business deal (or negotiation of a business deal) involving sale or transfer of all or part of our business or assets, we may transfer or assign your information as part of or in connection with the transaction and such acquirer or merged entity may thereafter utilize your personal information in accordance with this Policy. Finally, in the event of insolvency, bankruptcy, or receivership, information may be transferred as a business asset.
- We may share your information with any of our affiliates.
We may also share aggregated and reasonably anonymized data with our partners, advertisers, and other third parties. You acknowledge and agree that the Websites can serve as portals to other businesses and consumers. Any requests, orders, or interactions you engage in with other businesses and consumers may necessitate the provision of information to such other party.
Information We May Collect
This Policy describes the types of information we collect. Among the information we collect, please note:
a. Account Information: If you create an account on any of the Websites or Services (a “User Account”), we may store and use your full name, e-mail address, home address, phone number, zip code, photo and other information you may provide with your User Account, such as your gender and birth date.
b. Public Content: The information that you contribute through or post on the Websites or Services is intended for public consumption, including your reviews, tips, photos, videos, check-ins, comments, likes, posts, events, bookmarks, friends, lists, compliments, and basic User Account profile information. We may display this information through the Websites or Services, share it with businesses, and further distribute it to a wider audience through third-party sites and services.
c. Communications: When you sign up for a User Account or use certain features, you are opting to receive messages from other businesses and Sproutways itself. While you can manage some of your e-mail preferences, please note that you cannot opt out of receiving certain administrative, transactional, or legal messages from Sproutways. We may also track your actions in response to the messages you receive from Sproutways or through the Websites or Services, such as whether you deleted, opened, or forwarded such messages. If you send or receive messages through the Websites or Services via SMS text message, we may log phone numbers, phone carriers, and the date and time that the messages were processed. Carriers may charge recipients for texts that they receive. We may also store information that you provide through communications to us, including from phone calls, letters, e-mails and other electronic messages, or in person. If you are a representative of a business listed on Sproutways, we may contact you, including by phone or e-mail, using the contact information you provide us, make publicly available, or that we have on record for your business.
d. Transactional Information: If you initiate a transaction on or through any of our Websites or Services, to the extent applicable (the “Transactable Sites”), we may collect and store information about you, such as your name, phone number, address, e-mail, and credit card information, as well as any other information you provide to us, in order to process your transaction, send communications about them to you, and populate forms for future transactions. This information may be shared with third parties for the same purposes. When you submit credit card numbers, we encrypt that information using industry standard technology.
i. We collect non-personal information from you while you are browsing in the Websites. This information may include IP addresses to help analyze system administration, to gather broad demographic information, to enable ads to reach the right individuals, to report non-personal information to our advertisers, and to monitor the level of activity on Sproutways. The information we collect from you visiting the Transactable Sites may include the URLs they came from, their IP addresses, the date and time of their visit or order, the number of visits and orders, the number of visits per browsing session, the server type, the operating system and browser type used to come to the site, the country, state, and telephone area code where their servers are located, the pages and page titles of our site that visitors viewed during their visit, whether the visitor’s computer is enabled for Java or cookies, browser language, applications and plug-ins, and any search terms entered on Sproutways. We may also collect and store data that may be considered personal medical information, including regarding orders you prepare to place or actually place through any of the Transactable Sites.
ii. For individuals making purchases through the Transactable Sites, we may collect personal information that is reasonably necessary for third-party sellers to ship the products to you, verify your identity and eligibility to receive such products or services, and to communicate with you regarding purchases and any issues that may arise in connection with your purchase. This personal information includes your “ship to” information and your e-mail address. When you make a purchase through the Transactable Sites, we may collect and maintain personal information from you, such as your name, e-mail address, billing address, shipping address, telephone number, product selections, credit card or other payment information, order number, referring URL, IP address, page you bought from, and a password. We collect this information, and other personal information as disclosed in this Policy, in order to facilitate the fulfillment of your order, to facilitate the communication with you about your order, and to send you promotional materials. We may require additional verifications or information from you before accepting any order.
iii. For product vendors and listing clients, we may collect information that is reasonably necessary for users to communicate with you regarding the purchases and shipment of goods and services purchased from you and any issues that may arise in connection with their purchase. This personal information includes the seller information provided during your listing or vendor registration and your e- mail address.
e. Activity: We may store information about your use of the Websites or Services, such as your search activity, the pages you view, the actions you take, the date and time of your visit, businesses you call or e-mail using our mobile applications, and purchases you make through the Transactable Sites. We also may store information that your computer or mobile device provides to us in connection with your use of the Websites, Services, or Transactable Sites, such as your browser type, type of computer or mobile device, browser language, IP address, mobile carrier, phone number, unique device identifier, advertising identifier, location (including geolocation, beacon based location, and GPS location), and requested and referring URLs. You may be able to disallow our use of certain location data through your device or browser settings.
Our uses for these technologies fall into one of the following general categories:
d. Advertising or Targeting-Related: We may use first-party or third-party cookies and web beacons to deliver content, including ads relevant to your interests, on our sites or on third- party sites. This involves using technologies to understand the usefulness to you of the advertisements and content that has been delivered to you, such as whether you have clicked on an advertisement.
Managing Cookies: It may be possible to disable some (but not all) Cookies through your device or browser settings but doing so may affect the functionality of the Websites, Services, and Transactable Sites. The method for disabling Cookies may vary by device and browser but can usually be found in preferences or security settings. For flash cookies, you can manage your privacy settings by visiting the Adobe Macromedia site, located here.
4. Third Parties
Third parties may receive information about you as follows:
b. Service Providers: We may rely on third-party providers to support or provide some of the features and options that are available through the Websites, Services, or Transactable Sites. We may also rely on third-party providers to perform certain services for us in connection with your use of the Websites or Services, such as communications and hosting services, network security, technical and customer support, tracking and reporting functions, quality assurance testing, payment processing, our own marketing of the Websites or Services, promotional and contest features, Transactable Sites’ product listings and brand management, and other functions. We may share information from or about you with these third-party providers so that they can perform their services or complete your requests. These third-party providers may share information with us that they obtain from or about you in connection with providing their services or completing your requests. Third-party providers may also share this information with their subsidiaries, joint ventures, affiliates, partners, or other companies under common control. Some of our web pages may utilize framing techniques to serve content to you from our third-party providers, while preserving the look and feel of the Websites or Services. In such cases, please note that the information you provide is being provided to the third party.
c. Aggregate Information: We may share user information in the aggregate with third parties, such as advertisers, brand managers, and content distributors. For example, we may disclose the number of users that have been exposed to, or clicked on, advertisements, or certain products available in the Transactable Sites or the general characteristics of such users.
d. Business Transfers: We may share information from or about you with our subsidiaries, affiliates, partners, joint ventures, or other companies under common control, in which case we will require them to honor this Policy. If another company acquires Sproutways or all or substantially all of our assets, that company will possess the same information, and will assume the rights and obligations with respect to that information, as described in this Policy.
e. Businesses on Sproutways: We may share information from or about you (such as your age and gender, your devices, and your use of the Websites, Services, and/or Transactable Sites (such as which businesses you use or contact)) with businesses listed on Sproutways. Additionally, if you make a phone call to a business through or in connection with your use of the Websites or Services, we may share basic information about your call with the business that you contacted, such as the date and time of your call and your phone number (and other information that would have been available to the business had you contacted them directly, and not through the Websites or Services). You may be able to limit our ability to collect and share your phone number through your phone’s settings or phone service provider.
f. Investigations: We may investigate and disclose information from or about you if we have a good faith belief that such investigation or disclosure: (a) is reasonably necessary to comply with federal, state, or local legal process and legally binding law enforcement instructions and orders, such as a search warrant, subpoena, statute, judicial proceeding, or other legal process served on us; (b) is helpful to prevent, investigate, or identify possible wrongdoing in connection with the Websites, Services, or Transactable Sites; or (c) protects our rights, reputation, property, or that of our users, affiliates, clients, partners, or the public. If you flag or otherwise complain to Sproutways about content available through the Websites, Services, or items on the Transactable Sites, we may share the substance of your complaint with the contributor of that content or product in order to provide an opportunity for the contributor to respond and/or remedy the situation.
g. Links: The Websites or Services may contain links to unaffiliated third-party services. Except as set forth herein, we do not share your personal information with them and are not responsible for their privacy practices. We suggest you read the privacy policies on or applicable to all such third-party services. The inclusion of a link to a third-party website does not imply endorsement of the linked site by us or by our affiliates. Please note that your access and/or use of any third-party websites, including by providing any information, materials and/or other content to such sites, is entirely at your own risk.
5. Changes to Your User Account and E-Mail Preferences
You may cancel or modify the e-mail marketing communications you receive from us by following the instructions contained within our promotional e-mails or in some cases by logging into your User Account and changing your communications preferences.
Neither we, nor our third-party service providers, are responsible for updating previously provided information from the databases or other records of third-parties with whom we or our third-party service providers have shared such information.
6. Data Retention
We may retain information about you for the purposes authorized under this Policy unless prohibited by law. For example, we may retain information to prevent, investigate, or identify possible wrongdoing in connection with the Websites, Services, or Transactable Sites or to comply with legal obligations.
7. Adults 21 and Older Only
The Websites and Services are intended for adults only and require that users be no less than 21 years of age. Individuals under the age of 21 are prohibited from creating a User Account and profile, accessing the Websites or Services, and/or purchasing products on the Transactable Sites. If you become aware that a user under the age of 21 has created a User Account, or is using false, stolen, or otherwise misleading information, please contact us immediately at email@example.com
We follow generally accepted industry standards to protect the personal information submitted to us, both during transmission and once we receive it. This includes using Secure Sockets Layer (SSL) software, which is software that encrypts the information you input, and encrypting and storing sensitive information in compliance with HIPAA. However, no method of transmission over the Internet or via mobile device, 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.
To most efficiently serve you when placing orders through our Transactable Sites site, credit card transactions and order fulfillment are handled by established third-party banking managers, processing agents, and distribution institutions. They receive the information needed to verify and authorize your credit card or other payment information and to process and ship your order. Within the Transactable Sites, your information is kept on password-protected, limited access servers. Wherever possible and applicable, the Transactable Sites’ servers reside behind a corporate firewall that maintains controls on access to the system from both our internal network and the Internet.
9. Contact Information
If you believe that Sproutways has not adhered to this Policy, you may contact us via e-mail at firstname.lastname@example.org or write to us at the following address:
1900 Camden Avenue San Jose, CA 95124
10. California Residents: Your California Privacy Rights
California residents may request a list of certain third parties to which we have disclosed personally identifiable information about you for their own direct marketing purposes. You may make one request per calendar year. In your request, please attest to the fact that you are a California resident and provide a current California address for your response. You may request this information in writing by contacting us at email@example.com. Please allow up to thirty (30) days for a response.
Use of the Website and Services is at your own risk, and you are responsible for complying with all local laws, rules and regulations. No parties to this Policy, nor any other person or entity duly authorized by us and/or our third-party service providers, is or shall be responsible for any use of information you disclose through Sproutways by any unauthorized person or entity.