Privacy Policy

 Leaf’Em, Inc. Privacy Policy

This Privacy Policy was last modified on August 22, 2023. 

This Privacy Policy (this “Privacy Policy”) describes the treatment of information provided or collected on any Leaf’Em Platforms operated by Leaf’Em, Inc., a Texas corporation, and its parent, subsidiaries, and affiliated companies (collectively, “Leaf’Em,” “we,” “us,”or“our”). The purpose of this Privacy Policy is to describe how we collect, share and secure information provided by you or obtained from you. Therefore, before you provide us with any information, including Personal Information (as defined in Section 1 below), you should read through this Privacy Policy in its entirety and understand its terms. We may update this Privacy Policy from time to time in accordance with Section 12 below. We encourage you to review the terms of this Privacy Policy frequently for modifications. Ultimately, our goal is to provide a Privacy Policy that is transparent in how we handle your information. Except as may otherwise be provided herein, all capitalized terms which are defined in this Privacy Policy shall have the same meanings herein as those meanings assigned to such capitalized terms in the Leaf’Em Terms of Service.  

TABLE OF CONTENTS

1. INFORMATION WE COLLECT
2. PAYMENT AND TAX INFORMATION
3. BACKGROUND CHECKS
4. HOW WE COLLECT YOUR INFORMATION AND COOKIES
5. WHAT WE DO WITH YOUR INFORMATION
6. SHARING YOUR INFORMATION 
7. LINKS TO OTHER WEBSITES
8. YOUR CONTROLS AND CHOICES
9. SECURITY MEASURES
10. TRANSFER OF YOUR INFORMATION
11. CHILDREN
12. CHANGES TO THIS PRIVACY POLICY
13. NOTICE TO CALIFORNIA RESIDENTS
14. CALIFORNIA DO NOT TRACK NOTICE DISCLOSURES
15. ADDITIONAL INFORMATION FOR CALIFORNIA RESIDENTS
16. CONTACT US
17. GENERAL TERMS 

1. INFORMATION WE COLLECT 

When using the Platforms, you may choose to provide Leaf’Em with information about yourself which is “personally identifiable information.” The term “personally identifiable information” means information that is collected, by which you may be personally identified, such as your first and last name, date of birth, address, e-mail, phone number, location, social security or social insurance number, and any other information that you provide to us (the “Personal Information”). Your use of the Platforms may also entail you providing information that is not Personal Information, meaning that such information is not connected to your name and is, therefore, anonymous information and which does not identify and cannot reasonably be used to identify an individual User. It is your choice whether to provide us with Personal Information and the provision of such Personal Information is not required when visiting the Platforms. However, if you provide us with Personal Information, such as by creating an account, we may store that Personal Information and we may then contact you from time to time. 

Some examples of the information we may collect while you are using our Platforms are as follows: 

• information necessary to create an account, edit your profile, or list your Plant Care Services
• payment information, such as credit card information and the total amount for Plant Care Services purchased
• location information when you visit our Platforms, including location information either provided by a mobile device interacting with our Platforms (including through beacon technologies) or associated with your IP address, where we are permitted by law to process this information. 
• Usage, viewing, and technical data, including your device identifier or IP address, when you visit our Platforms, or open communications that we may send you. 

2. PAYMENT AND TAX INFORMATION

Although payment card transactions are processed by our third-party payment processor, we may collect payment information you provide to us, such as the date and time of a transaction, the total amount, and your payment card information. 

If you are a Plant Sitter, we and our third-party payment processor may also collect certain payment disbursement information, as well as your tax identification number, in order to distribute your revenue for the Plant Care Services you provide to Plant Parents through our Platforms. 

3. BACKGROUND CHECKS 

If you are creating an account to become a Plant Sitter, we may collect certain sensitive personal information from you, such as your social security or social insurance number, for purposes of verifying your identity, verifying your information, and reviewing local and court records. 

4. HOW WE COLLECT YOUR INFORMATION AND COOKIES

a. GOOGLE ANALYTICS. Our Platforms may use Google Analytics to help us understand how visitors engage with our Platforms. Your web browser will automatically send certain information to Google such as your IP address. Google may also set cookies on your web browser or collect cookies that are already there. For further information on how Google uses data when you use our Platforms, you may visit www.google.com/policies/privacy/partners/.

b. LOG DATA. We may collect information through statistical packages such as Google Analytics to analyze trends in how our Platforms are accessed and utilized. This log of data may include without limitation information such as your computer’s internet protocol (“IP”) address, geographic location, browser type, browser version, internet service provider, device type, the pages of our Platforms that you visit, the time and date stamp of your visit, the time spent on those pages, how you have interacted with our Platforms, and keywords used to find our Platforms via various search engines. This information is anonymous and cannot be directly linked to individual Users. We may use it to identify high and low levels of interaction with our Platforms, identify and respond to problem areas on our Platforms, analyze trends, determine the effectiveness of any of our promotional campaigns, and to evaluate, improve, and customize User experience with our Platforms. 

c. COOKIES. We also collect information through technology such as cookies (which is information stored on your computer or mobile device by your browser to save your preferences while you are visiting our Platforms) and web beacons (small pieces of data that are embedded in images on the pages of our Platforms) when you visit our Platforms. This tracking data is used for many purposes including, for example, to provide useful features to simplify your experience when you return to our Platforms, usage patterns and location, to monitor and evaluate the use and operation of our Platforms, and to analyze traffic to-and-from the Platforms. We may associate this tracking data with your account or the like, in which case we will treat it as Personal Information. If you choose, you can set your browser to reject cookies or you can manually delete individual cookies or all the cookies on your computer or mobile device by following your browser’s help file directions. Please be aware that, if you opt out from and do not agree to certain cookies, your experience on our Platforms may be diminished and some features may not work as intended depending on the cookie.

5. WHAT WE DO WITH YOUR INFORMATION

Leaf’Em may use any information, including Personal Information, provided by you on our Platforms for the following purposes: 

• To provide, maintain and optimize our services connected to your use on our Platforms.
• To review, approve, create and your account.
• To conduct a background check prior on prospective Plant Sitters before the Plant Sitter can list its Plant Care Services on our Platforms
• To manage and monitor your account and registration of your account. 
• To contact you by email, telephone, text message, or other equivalent forms of electronic communication, such as mobile application’s push notifications regarding updates or information communications related to the services connected to our Platforms and your account. By submitting your email and/or phone number to us, you consent to RECEIVING email, phone calls and/or text messages from Leaf’Em.
• To provide you with news and other general information we think will be of interest to you
• To communicate contests, sweepstakes and promotions and processing and delivering entries and rewards, if any.
• To attend and manage any of your comments, questions, and requests to us. 
• To facilitate and process transactions and send you related information, including booking and payment confirmations and tax documentation (where required).
• To facilitate revenue distribution to Plant Sitters and for related accounting purposes.
• To create a payment disbursement account with our third-party payment processor on your behalf.
• For other purposes, consistent with federal, state and local laws that may be available to you, such as location information, computer and connection information, statistics on page views, traffic to and from the Leaf’Em Platforms, advertisement data, IP address data, Page URL and timestamp.
• To personalize content and experiences. 
• To optimize or improve our services and operations. 
• To notify you about changes to our Platforms or services we offer or provide though it.
• To identify usage trends and determine the effectiveness of any of our advertising and/or promotional campaigns and to evaluate, improve, and customize your experience with our services, Platforms and marketing efforts. 
• To notify you about changes to your account.
• To carry out our obligations and enforce our rights arising from any contracts entered between you and us.
• To respond to your feedback, comments, and concerns regarding your use of our Platforms or your account.
• To detect, investigate and prevent harmful activities that may violate our Terms of Service, this Privacy Policy, or be illegal. 
• To fulfill any other purpose for which you provide.
• To collect aggregated statistical information for purposes of improving our services. This data does not contain Personal Information. An example might be location data, mouse movements or links clicked that might be used to improve our User experience.

6. SHARING YOUR INFORMATION

Personal Information about our customers is important to us and we are not in the business of selling this Personal Information to others. We share Personal Information only as set forth below: 

1. Plant Sitters. We share certain Plant Sitter information so Plant Parents can use their independent judgement before engaging any Plant Sitters
2. Plant Parents. We share certain Plant Parent Information with Plant Sitters once an Appointment is accepted by the Plant Sitter so the parties can engage with one another and the Plant Sitter can provide Plant Care Services at the Plant Parent’s designated address. 
3. Internal Process/Employees. Leaf’Em allows a limited number of employees to have access to your Personal Information. These employees are trained on our security practices and are deeply committed to maintaining your privacy. They are authorized to access your account information on an “as-needed” basis to provide technical support, or at your request.
4. Affiliates. We may share Personal Information we collect from you with our affiliates or subsidiaries that are either subject to this Privacy Policy or that follow practices that are at least as restrictive as those described in this Privacy Policy. 
5. Service Providers. We may disclose Personal Information we collect from you to service providers, contractors, and other parties we use to support our business and who are bound by contractual obligations to keep Personal Information confidential and use it only for the purposes for which we disclose it to them. 
6. Sale or Transfer of Business. We may also disclose Personal Information to a buyer or other successor to Leaf’Em’s business in the event of a merger, divestiture, restructuring, reorganization, dissolution, or other sale or transfer of some or all of Leaf’Em’s assets or ownership interests, whether as a going concern or as part of bankruptcy, liquidation, or similar proceeding, in which Personal Information held by Leaf’Em is among the assets transferred. 
7. Exceptions to Sharing Information. Exceptions to sharing your Personal Information include when the User provides direct permission, or when it is required by the law or in connection with legal processes.
   1. Law Enforcement. We may report to law enforcement agencies any activities that we reasonably believe to be unlawful, or that we reasonably believe may aid a law enforcement investigation into unlawful activity. In addition, we reserve the right to release your Personal Information to law enforcement agencies if we determine, in our sole judgment, that either you have violated our policies, or the release of your Personal Information may protect the rights, property, or safety of Leaf’Em or another person. 
   2. Legal Process.  We may share your information with others as required by, or permitted by, law. This may include sharing your Personal Information with government entities, or third parties in response to subpoenas, court orders, other legal process, or as we believe is necessary to exercise our legal rights, to defend against legal claims that have been brought against us, or to defend against possible legal claims that we determine in our sole discretion might be brought against us. 
8. Blogs and other Online Postings. We may decide to allow Users to share photos, messages, comments, postings, testimonials, personal web pages or profiles, or other interactive information. If you choose to submit such information to us, the information you submit may be available generally to the public. Please be aware that information you provide in these areas may be read, collected, and used by others who access them.

7. LINKS TO OTHER WEBSITES

Our Platforms may contain links to external websites that are not operated by us or officially affiliated with Leaf’Em in any way. Therefore, please keep in mind that when you provide any information to us on a third-party website or platform, any information you provide may be separately collected by the third-party website or platform. The information we collect, including Personal Information, is covered by this Privacy Policy only and the information the third-party website or platform collects is subject to the third-party platform or website’s privacy practices and, therefore, you should familiarize yourself with any applicable third-party privacy policy as needed. We have no control over and assume no responsibility for the content, privacy policies, or practices of any third-party website, platforms, or other services.

8. YOUR CONTROLS AND CHOICES

We provide you with the ability to exercise certain controls and choices regarding our collection, use, and sharing of your Personal Information as described in this Section 8 below, and in accordance with Section 15 (if applicable): 

• You may correct, update, and delete your registration account except as otherwise prohibited by our Platforms.  
• You may change your choices for subscriptions, newsletters, notifications and/or alerts. 
• You may choose whether to receive offers, promotions, newsletters, and other marketing and advertising messages from us.
• You may choose whether we share your Personal Information with other companies so they can send you offers and promotions about their products and services. 
• You may choose whether to receive targeted advertising from many advertising networks, data exchanges, marketing analytics and other service providers. 
• You may request access to the Personal Information we hold about you, including any Personal Information that we amend or delete. 
• You may set your browser to refuse all or some browser cookies, or to alert you when cookies are being sent.

You may exercise your controls and choices, or request access to your Personal Information, by contacting us via email at [email protected]. Please be aware that if you do not allow us to collect Personal Information from you, we may not be able to deliver certain services and some of our services may not be able to take account of your interests and preferences. If you have questions regarding the specific Personal Information about you that we process or retain, please contact us at [email protected]. 

9. SECURITY MEASURES

The security, integrity and confidentiality of your information, including your Personal Information, is extremely important to us. We take all reasonable and appropriate measures to secure your Personal Information once we receive it, and to help prevent it from being disclosed to individuals who are not described in this Privacy Policy. Please be aware though that, despite our best efforts, no security measures are perfect or impenetrable and, therefore, we cannot guarantee that Personal Information will remain secure in all circumstances. While we strive to use commercially acceptable means to protect Personal Information, we cannot guarantee its absolute security.

10. TRANSFER OF YOUR INFORMATION 

Your information, including Personal Information, is processed at Leaf’Em’s operating offices and in any other places where Leaf’Em or its employees, independent contractors, third party service providers or agents are located, except as may be otherwise processed by relevant third-party platforms and the companies that operate them. This means that your information may be transferred to, and maintained on, computers located outside of your state, province, country or other governmental jurisdiction where the data protection laws may differ than those from your jurisdiction.

Your consent to this Privacy Policy followed by your submission of such information to Leaf’Em represents your agreement to such transfer(s).

In accordance with Section 9 above, Leaf’Em will take all reasonable and appropriate steps to ensure no transfer(s) of your information will take place to an organization or a country unless there are adequate controls in place including the security of your information and data. 

11. CHILDREN 

Leaf’Em is committed to protecting the online privacy of children and making the internet safe. We do not provide services to children, or knowingly collect or solicit Personal Information from children under 18 years of age. Any communication we get that is identified as being from a child under 18 will not be kept by Leaf’Em. We encourage parents or guardians of children under 18 to regularly check and monitor their children’s use of email and other activities online. 

12.   CHANGES TO THIS PRIVACY POLICY

Your use of our Platforms, including any dispute concerning privacy, is subject to this Privacy Policy and the applicable Terms of Service. BY USING OUR PLATFORMS, YOU ARE ACCEPTING THE PRACTICES, TERMS AND CONDITIONS SET OUT IN THIS PRIVACY POLICY AND THE APPLICABLE TERMS OF USE. We may notify you of any changes by posting the new Privacy Policy on our Platforms. You are advised to check the “Last Modified On” date at the top of this page to determine if the Privacy Policy has been modified since you last reviewed it. Your continued use of any portion of our Platforms following the posting of the updated Privacy Policy will constitute your acceptance of the changes. This version of the Privacy Policy supersedes any prior existing versions of the Privacy Policy.

13.   NOTICE TO CALIFORNIA RESIDENTS

If you are a California resident, California Civil Code Section 1798.83 permits you to request a notice regarding the disclosure of your Personal Information by Leaf’Em to other parties, including third-parties. If you are a California resident and would like a copy of this notice, please contact us at [email protected].

14.   CALIFORNIA DO NOT TRACK NOTICE DISCLOSURES

We do not track our Users and visitors over time and across third-party platforms to provide targeted advertising. Consequently, we do not respond to Do Not Track (DNT) signals. Other third-party platforms may keep track of your browsing activities when they provide you with content, which enables them to customize what they present to you on their platforms.

15.   ADDITIONAL INFORMATION FOR CALIFORNIA RESIDENTS

This section of our Privacy Policy provides information for California residents, as required under applicable California privacy laws, including the California Consumer Privacy Act (“CCPA”) to the extent applicable.  California privacy laws require that we provide California residents information about how we use their Personal Information, whether collected online or offline, and this section is intended to satisfy that requirement. 

Under the CCPA, “Personal Information” is any information that identifies, relates to, describes, is reasonably capable of being associated with, or could reasonably be linked, directly or indirectly, with a particular California resident or household. 

• Categories of Personal Information that We Collect, Disclose, and Sell

Below we identify the categories of Personal Information that we collect about California consumers and households, the purposes for which we use each category, and whether we disclose or sell information within each category.  For the avoidance of doubt, to protect your privacy, we do not sell or rent your Personal Information, and we only share your information as stated herein.  In the event that our data collection should change in the future, we will inform you of this change before selling your Personal Information and provide instructions on how you can provide consent.

Please note our data collection practices set forth below are not different than those described above; the CCPA specifies particular information that we need to discuss in our Privacy Policy, and, in this section, we have reorganized the discussion above into the categories as outlined by the CCPA.

Categories of Personal Information	Do We collect?	Do We disclose for business purposes?	Do We sell or may We sell?
NAME, CONTACT INFORMATION AND IDENTIFIERS: Identifiers such as a real name, alias, email address, date of birth, phone number, unique personal identifier, online identifier, Internet Protocol (IP) address, account name, or other similar identifiers.	YES	YES	NO
PROTECTED CLASSIFICATIONS: Characteristics of protected classifications under California or federal law such as sex, date of birth, and age.	YES	YES	NO
PURCHASE HISTORY AND TENDENCIES:  Transaction information, in connection to the Plant Care Services purchased	YES	YES	NO
USAGE DATA: Internet or other electronic network activity information, including, but not limited to, browsing history, search history, and information regarding your interaction with our Platform, mobile application, or advertisement efforts.	YES	YES	NO
GEOLOCATION AND DEMOGRAPHIC DATA:  Geographic location and demographic information about a particular individual or device.	YES	YES	NO
PROFILES AND INFERENCES: Data analysis and inferences drawn from any of the information identified above to create an account reflecting the User’s preferences, characteristics, psychological trends, predispositions, and behaviors.	YES	YES	NO

• California Residents’ Rights

California law grants California residents certain rights and imposes restrictions on particular business practices as set forth below.

Right to Opt-out. California residents have the right to opt-out of the “Sale” of their Personal Information. California defines the term “Sale” broadly, and includes selling, renting, releasing, disclosing, disseminating, making available, transferring or otherwise communicating (collectively a “Sale”) California residents’ Personal Information to another business or third party for monetary or other valuable consideration. We do not sell, share, or rent your Personal Information as such terms are defined under the CCPA.  In the event that our data practices should change in the future, we will inform you of this change before selling your Personal Information and provide instructions on how you can opt-out. 

Notice at Collection. We are required to notify California residents, at or before the point of collection of their Personal Information, the categories of Personal Information collected and the purposes for which such information is used.

Verifiable Requests to Delete, and Requests to Know. Subject to certain exceptions, California residents have the right to make the following requests, at no charge, up to twice every 12 months:

Right of Deletion: California residents have the right to request deletion of their Personal Information that we have collected about them, subject to certain exemptions, and to have such Personal Information deleted, except where necessary for any exempt purposes.

Right to Know – Right to a Copy: California residents have the right to request a copy of the specific pieces of Personal Information that we have collected about them in the prior 12 months and to have this delivered, free of charge, either (a) by mail or (b) electronically in a portable and, to the extent technically feasible, readily useable format that allows the individual to transmit this information to another entity without hindrance.

Right to Know – Right to Information: California residents have the right to request that we provide them certain information about how we have handled their Personal Information in the prior 12 months, including the:

• categories of Personal Information collected;
• categories of sources of Personal Information;
• business and/or commercial purposes for collecting or selling their Personal Information;
• categories of third-parties with whom we have disclosed or shared their Personal Information;
• categories of Personal Information that we have disclosed or shared with a third-party for a business purpose;
• categories of Personal Information collected; and
• categories of third-parties to whom the California resident’s Personal Information has been sold and the specific categories of Personal Information sold to each category of third-parties.

Submitting Requests.Requests to exercise the Right of Deletion, Right to a Copy, and the Right to Information may be submitted by California residents by sending an email to [email protected].  We will respond to verifiable requests received from California consumers as required by law.

Right to Non-Discrimination, and Incentives. The CCPA prohibits discrimination against California residents for exercising their rights under the CCPA and imposes requirements on any financial incentives offered to California residents related to their Personal Information. 

Discrimination: California residents have the right to equal service by us, and we will not discriminate against any California residents if they exercise their rights under the CCPA.

Disclosure of Incentives: If businesses offer any financial incentives for the collection, sale, or deletion of California residents’ Personal Information, residents have the right to be notified of any financial incentive offers and their material terms, the right not be included in such offers without prior informed opt-in consent, and the right to be able to opt-out of such offers at any time. Businesses may not offer unjust, unreasonable, coercive, or usurious financial incentives. We do not offer any financial incentives at this time.

16.   CONTACT US 

If you have any questions about our Privacy Policy, you can contact us at [email protected]. If we need, or are required, to contact you concerning any event that involves your Personal Information, we may do so by email or telephone.

17.   GENERAL TERMS

Entire Agreement. This Privacy Policy and any documents expressly incorporated herein constitutes the entire agreement between you and Leaf’Em relating to this subject matter, and cancels and supersedes any prior versions of this Privacy Policy and any other prior or contemporaneous understandings, agreements, representations, and warranties, both written and oral, with respect to the Platforms. No modification to this Privacy Policy will be binding on Leaf’Em, unless in writing and signed by an authorized Leaf’Em representative or posted by Leaf’Em to any Platform. You may not assign, sublicense, delegate, or otherwise transfer this Privacy Policy or any right granted hereunder.

Survival. Rights and obligations under this Privacy Policy which by their nature should survive any termination of expiration of this Privacy Policy will remain in full effect after termination or expiration of this Privacy Policy.

Equitable Relief. You agree that any material breach of this Privacy Policy will result in irreparable harm to Leaf’Em for which damages would be an inadequate remedy and, therefore, in addition to its rights and remedies otherwise available at law, Leaf’Em will be entitled to equitable relief, including both a preliminary and permanent injunction, if such a breach occurs. You waive any requirement for the posting of a bond or other security if Leaf’Em seeks such an injunction.

Severability. If any provision of this Privacy Policy is held invalid, illegal, or unenforceable for any reason by any law or regulation of any government, or by any court or arbitrator, such provision shall be replaced with a new provision that accomplishes the original business purpose, or eliminated or limited to the minimum extent necessary, and the other provisions of this Privacy Policy will remain in full force and effect. 

No Waiver. No waiver by us or failure to exercise promptly any right of Leaf’Em under this Privacy Policy will create or be deemed to create a further or continuing waiver or any expectation of non-enforcement.

Headings. The headings and captions of this Privacy Policy are for convenience and reference only and in no way define, describe, extend, or limit the scope or intent of this contract, or the intent of any provisions hereof.

Electronic Communications. You consent to receive electronic communications from Leaf’Em either in the form of email sent to you at the email address listed on your account or by other electronic communication means posted on any Platform. You acknowledge and agree that any electronic communication in the form of such email or posting on any Platform shall satisfy any legal requirement that such communication be in writing.