Effective Date: April 12, 2016

This Privacy Policy describes how we collect, use, disclose and store information you provide to us. The Privacy Policy applies to the gardenUP website (the “Site”). The Site is operated by gardenUP, LLC (“gardenUP,” “we,” “us” and “our”).

This Privacy Policy describes:

  • Information that we collect when you interact with the Site
  • How we use and process the information that we colelct
  • How we may share information with third parties
  • The security of your information

1.   User Consent and Incorporation

PLEASE REVIEW THIS PRIVACY POLICY CAREFULLY. When you submit information to or through the Site, you consent to the collection and processing of your information as described in this Privacy Policy. By using the Site, you accept the terms of this Privacy Policy, our Terms of Use Terms of Use and, if you purchase any goods or services from us,

our Terms of Service and consent to our collection, use, disclosure and retention of your information as described in this Privacy Policy. IF YOU DO NOT AGREE WITH ANY PART OF THIS PRIVACY POLICY OR OUR TERMS OF USE AND TERMS OF SERVICE, IF APPLICABLE, THEN PLEASE DO NOT USE THE SITE.

2.   Links to Other Sites

The Site may contain links to third-party websites and services (“Third Party Site”) with which we have no affiliation. A link to any Third Party Site does not mean that we endorse it or the quality or accuracy of information presented on it. If you decide to visit a Third Party Site, you are subject to its privacy policy and practices and not this Privacy Policy. We encourage you to carefully review the legal and privacy notices of all other digital services that you visit.

3.   Effective Date and Changes to Privacy Policy

The Effective Date of this Privacy Policy is set forth at the top of this webpage. We may change this Privacy Policy from time to time in our discretion. Changes will be posted to this webpage. We encourage you to return to this webpage frequently so that you are aware of our current privacy practices. We will not make retroactive changes that reduce your privacy rights unless we are legally required to do so. Your continued use of the Site after the Effective Date constitutes your acceptance of the amended Privacy Policy. The amended Privacy Policy supersedes all previous versions.

4.   Information We Collect

“Personal Information” means information associated with or used to identify or contact a specific person. Personal Information includes: (1) contact data (such as name, e-mail address and telephone number);

(2) demographic data (such as gender, date of birth and zip code); and (3) credit card

number and other payment card information.

“Other Information” means non-Personal Information such as availability or desired work start date,

information about your garden site, including access, conditions, and hazards, and Usage Data. “Usage Data” is information about an individual’s web or mobile application activity that, by itself, does not identify the individual, such as operating system you are using, the date and time stamp of your visit, domain name, referring URLs, and internet service providers. Generally, we do not consider Usage Data to be Personal Information because Usage Data by itself usually does not identify an individual. Personal Information and Usage Data may be linked together.

5.   How information is collected

a.   Information collection in general

We collect information that you provide to us and from your use of the Site. The information that we collect and how we process it depends on how you use and access the Site. Some information may collected automatically through use of cookies and similar data collection tools. To learn more about how and why we use cookies and similar tools to collect information, please see Section 5(b), below. We collect information from you in the following ways:

Use the Site: We collect Personal Information and Other Information from you when you use certain features and tools available through the Site, create an account to use on the Site, place an order for a garden, contact us for help or information or otherwise voluntarily provide your Personal Information.

From our Business Partners and Service Providers: Third parties that assist us with our business operations also collect information (including Personal Information and Usage Data) about you through the Site and share it with us. For example, our vendors collect and share information with us to help us operate the Site and detect and prevent fraud. If you use your credit card to purchase goods or services on our website, we use a third party payment and transaction services provider to facilitate your transactions and process your orders. In such cases, we will share your credit card information and other relevant personal information with the third party payment services company solely for the purpose of completing the transaction or processing your order.

Usage Data: We also automatically collect Usage Data when you interact with the

b.  Cookies and Other Information Collection Tools

Cookies: We and our service providers that help us operate the Site use small text files called cookies.“Cookies” are small computer files sent to or accessed from your web browser or your computer’s or tablet’s hard drive that contain information about your computer, such as a user ID, user settings, browsing history and activities conducted while using the Site. Cookies are not themselves personally identifiable, but may be linked to Personal Information that you provide to us through your interaction with the Site.

How We Use Data Collection Tools: Cookies help us improve the Site by tracking users’ navigation habits and storing users’ passwords, customizing users’ experiences with the Site; enabling us to analyze technical and navigational information about the Site; and helping us to detect and prevent fraud. We also use other cookies and other data collection tools (such as web beacons and server logs) to help improve your experience with the Site. For example, we use Google Analytics to help analyze how users use the Site. The Google Analytics tool uses cookies to collect standard Internet log information and visitor behavior information in an anonymous form. The #38211895 v24 information generated by the cookie about your use of the Site (including IP address) is transmitted to Google. This information is then used by us to evaluate visitors’ use of the Site and to compile statistical reports on website activity for gardenUP.

Control of Cookies. Web browsers allow some control of most cookies through the browser settings. To find out more about cookies, including how to manage and delete cookies,visit Some web browsers provide settings that allow a user to reject cookies or to alert a user when a cookie is placed on the user’s computer, tablet or mobile device. Most mobile devices also offer settings to reject mobile device identifiers. Although users are not required to accept cookies or mobile device identifiers, blocking or rejecting them may prevent access to some features available through the Site.

6.   How information is used

We may use the information we collect for any of the following purposes:

  • to provide the Site to you;
  • to provide you with landscape designs, plants, products, and services;
  • to operate, improve, and personalize the products and services we offer, and to give each user a more consistent and personalized experience when interacting with us;
  • for customer service, security, to detect fraud or illegal activities, and for archival and backup purposes in connection with the provision of the Site;
  • to communicate with users; and
  • to enforce our Terms of Service or other applicable policies.

7.   Sharing of Information

We may share and disclose information as described at the time information is collected or as follows.

With Third Party Service Providers Performing Services on Our Behalf. We share information, including Personal Information, with our service providers to perform the functions for which we engage them (such as hosting and data analyses). We may share information as needed to operate other related services. This includes sharing information with our landscape designers and our installation, nursery, and other partners that we engage to assist in delivery of landscape designs, plants, products, and services to you.

For Legal Purposes. We also may share information that we collect from users, as needed, to enforce our rights, protect our property or protect the rights, property or safety of others, or as needed to support external auditing, compliance and corporate governance functions. We will disclose Personal Information as we deem necessary to respond to a subpoena, regulation, binding order of a data protection agency, legal process, governmental request or other legal or regulatory process. We may also share Personal Information as required to pursue available remedies or limit damages we may sustain.

Corporate Changes. We may transfer information, including your Personal Information, in connection with a merger, sale, acquisition or other change of ownership or control by or of us or any affiliated company (in each case whether in whole or in part). When one of these events occurs, we will use reasonable efforts to notify users before your information is transferred or becomes subject to a different privacy policy.

8.   Security of Your Information

We employ industry standard security measures designed to protect the security of all information submitted through the Site. However, the security of information transmitted through the Internet can never be guaranteed. We are not responsible for any interception or interruption of any

communications through the internet or for changes to or losses of data. Users of the Site are responsible for maintaining the security of any password, user ID or other form of authentication involved in obtaining access to password protected or secure areas of any of our Site. In order to protect you and your data, we may suspend your use of the Site, without notice, pending an investigation, if any breach of security is suspected. Access to and use of password protected and/or secure areas of the Site are restricted to authorized users only. Unauthorized access to such areas is prohibited and may lead to criminal prosecution.

9.   Special Provisions

a.   Children

We do not knowingly collect or maintain Personal Information from any person under the age of thirteen. No parts of our Site are directed to or designed to attract anyone under the age of thirteen.

  b.   Do Not Track;

The Site does not support Do Not Track with respect to the Site at this time. Do Not Track (DNT) is aprivacy preference that you can set in your web browser to indicate that you do not want certain information about your webpage visits collected across websites when you have not interacted with that service on the page. For all the details, including how to turn on Do Not Track, visit

10.   Notices

Please send all questions, comments and notices regarding this Privacy Policy to:

P.O. Box 170826
Boston, MA 02117
[email protected]