Privacy Policy

Effective Date: 25 May 2018

 

THE PLANT LIBRARY is concerned about privacy issues and wants you to be familiar with how we collect, use and disclose information.

The following Privacy Policy governs the online information collection practices of THE PLANT LIBRARY. (“we” or “us” or “site”).

This privacy policy explains which personal data we gather while you use the site and the way in which this information is used or processed. This includes collecting, storing, using, and erasing personal data.

 

Please read this Privacy Policy carefully. By visiting and using the Site, you agree that your use of our Site, and any dispute over privacy, is governed by this Privacy Policy. We will update our Privacy Policy on this website when necessary in the future and will update the Effective Date of the policy to reflect the date of the changes. By continuing to use the Site after we post any such changes, you accept the Privacy Policy as modified.

 

References to THE PLANT LIBRARY products in this privacy policy include THE PLANT LIBRARY’s products, services, website, mobile apps, and other software.

 

What information do we collect?

We collect personal data from you when you subscribe to receive our newsletter, respond to a survey or fill out a form, and while you interact with our products for the purposes described below. These purposes include providing our products, analysing your use of our products, improving our products, and developing new products.

We shall always ask you to provide only a minimum data which is needed for completing the service you asked for. Before leaving your data you will be clearly and intelligibly explained the purpose of collecting your data and asked to give your consent to it, which you can also withdraw easily. You may also visit our site anonymously.

The personal data we collect from you depends on which of our products you use and the other interactions you have with us. This data may include:

  • Name and contact information. Personal data you provide us when registering for our products, including first and last name, email address, postal address, phone number, and similar information.

  • Credentials. Usernames and passwords you create to access and use our products.

  • Demographic data. Your country of residence.

  • Device and usage data. Personal data about your use of our products, including the activities you perform on your account, THE PLANT LIBRARY webpages you visit, and the devices from which you access our products, including IP address and device identifier. This data may be obtained from your use of our software as integrated in third-party products.

  • Content you provide us through your use of our products. For example, images and audio you download from the site or associated Photo Albums.

  • Location data. Personal data about your device’s city-level location, based on your device’s IP address.

  • Other data you provide. Other personal data you provide us through use of our products, including messages, survey responses, and other feedback.

We may obtain personal data about you from third parties. When we do so, we process that data consistent with this policy and subject to any additional restrictions placed on that processing by the third party providing us that data.

 

What do we use your information for?

We use your personal data in one of the following ways:

  • To personalize your experience, to improve our website, to improve customer service, to process transactions, administer a contest, promotion, survey or other site feature and to send periodic emails. You can unsubscribe from these communications at any time by clicking the “unsubscribe” link in the footer of those communications.

  • This may include using location-based product usage information to improve products and the performance, plus make use of any error report information to diagnose and correct problems.

  • We use your personal data to negotiate and perform contracts with you and to perform contracts we have entered with you.

  • We use your personal data to process commercial transactions you request to undertake with us.

  • We use personal data to analyse business operations and to engage in other business intelligence activities.

  • We use your personal data to comply with our legal obligations.

Your information, whether public or private, will not be sold, exchanged, transferred, or given to any other company for any reason whatsoever, without your consent, other than for the express purpose of delivering the purchased product or service requested.

 

Disclosure of any information to outside parties.

We do not sell, trade, or otherwise transfer to outside parties your personally identifiable information. However, we may share your personal data with our subsidiaries (The Indigenous Gardener) and with our third party service providers who assist in the operations of the website, through which we conduct our business, or in the provision of our services to you, so long as these parties agree to keep this information confidential. We may also release your information when we are required to comply by law, enforce our site policies, or protect ours or others rights, property, or safety. However, non-personally identifiable visitor information may be provided to other parties for marketing, advertising, or other uses.

Permission. We may share your personal data in other circumstances where you have given us permission to do so.

 

How do we protect your information?

 

We implement a variety of security measures to maintain the safety of your personal information when you place an order or enter, submit, or access your personal information.

We offer the use of a secure server. All supplied sensitive/credit information is transmitted via Secure Socket Layer (SSL) technology and then encrypted into our Payment gateway providers database only to be accessible by those authorized with special access rights to such systems, and are required to keep the information confidential.

Our website hosting company provides a top quality security system to help us protect your data.

 

Holding records of personal data

 

We retain your personal data as long is needed to provide the products you have requested or interact with, to perform any contracts we have with you that you have agreed to and as required by data retention laws, to comply with government orders, and as necessary to meet preservation requirements in litigation. We also remove personal data if required to do so by law.

Processing activities shall include, inter alia, the list of all processing activities, purposes of processing, categories of personal data processed and subjects of those data, etc. We will take due care of every your input providing us with your personal information, such as name, e-mail, address, card number and alike.

Retaining of personal data varies according to data type and the reasons for its collection. This affects our retention periods of this data.

Data Security

We use data security technology and reasonable data security procedures to help protect your personal data from unauthorized access, use, disclosure, and alteration or destruction. These measures include storing your personal data on access-controlled computer systems and in secure storage facilities. We comply with applicable data protection laws, including applicable security breach notification laws.

 

Cookies

Cookies are small files that a site or its service provider transfers to your computers’ hard drive through your Web browser (if you allow it) that enables the sites or service providers systems to recognize your browser and capture and remember certain information.

We use cookies to store your settings, to enable you to sign in to use our products, to analyse how our products perform, and to fulfil our other legitimate interests. This can include processing the items in your shopping cart, understanding and saving your preferences for future visits and compile aggregate data about site traffic and site interaction so that we can offer better site experiences and tools in the future. We may contract with third-party service providers to assist us in better understanding our site visitors. These service providers are not permitted to use the information collected on our behalf except to help us conduct and improve our business. However, you may control the data collected by cookies by setting your browser not to accept cookies by withdrawing your consent by clearing and blocking cookies.

 

Children’s Online Privacy Protection Act Compliance

 

This children’s privacy statement explains our practices with respect to the online collection and use of personal information from children and provides important information regarding their rights under federal law with respect to such information.

We have every expectation of this site being used by adults and we do NOT knowingly collect personally identifiable information from children under the said age limits as part of the Site. We ask that children not provide personal data to us.

We do NOT knowingly allow children to publicly post or otherwise distribute personally identifiable contact information through the Site.

Because we do not collect any personally identifiable information from underage children as part of the Site, we also do NOT knowingly distribute such information to third parties.

 

If we become aware that we have inadvertently received personally identifiable information from an underage user as part of the Site, we will delete such information from our records. If we change our practices in the future, we will obtain prior, verifiable parental consent before collecting any personally identifiable information from children users as part of the Site.

Online Privacy Policy and changes to this policy

This online privacy policy applies only to information collected through our website and not to information collected offline insofar it does not relate to filling offline systems.

 

Changes to this Policy

We may update this privacy policy from time to time, including as necessary to comply with legal requirements and we reserve the right to change this policy at any time. When doing so we will revise the “last updated” date at the top of this page. Please check this page periodically for changes. Your continued use of our site following the posting of changes to these terms will mean you accept those changes. Information collected prior to the time any change is posted will be used according to the rules and laws that applied at the time the information was collected.

 

Governing law

This policy and the use of this Site are governed by laws of South Africa.  THE PLANT LIBRARY adheres to principles of the Personal Information Protection and Electronic Documents Act (PIPEDA) and General Data Protection Regulation (GDPR) wishing to provide all its customers with the highest standards in privacy protection. If a dispute arises under this Policy we agree to first try to resolve it with the help of a mutually agreed-upon mediator in the following location: South Africa.

Any costs and fees other than attorney fees associated with the mediation will be shared equally by each of us.

THE PLANT LIBRARY.co.za is controlled, operated and administered in South Africa although the hosing site, Wix, operates in USA and Israel. This statement and the policies outlined herein are not intended to and do not create any contractual or other legal rights in or on behalf of any party.

Privacy issues?

For any privacy issue that you are having with your data that you entrusted to us, regarding your rights as written above, we have opened an e-mail through which you may address us, and we shall come to you quickly. anno@theindigenousgardener.co.za

 

Contacting Us

If there are any questions regarding this privacy policy, you may contact us at anno@theindigenousgardener.co.za

Further rights:

Residents of countries in the European Economic Area and Switzerland have the following additional rights with respect to their personal data:

  • You may withdraw consent given to us to process your personal data at any time.

  • You may request information of what personal data we are collecting and why.

  • You have the right to request access to your personal data we have collected, request any corrections to your personal data should it not be up to date or is inaccurate.

  • You have the right to object to our collection and processing of your personal data may request to have your personal data deleted.

  • You may request us to restrict our collection and processing of your personal data and may request us to supply you with a copy of your personal data we have collected based on your consent or based on a contract entered between us.

Anti-spam Policy

Credit: This document was created using a Contractology template available at http://www.contractology.com.

 

What is spam?

 

In the context of electronic messaging, spam refers to unsolicited, bulk or indiscriminate messages, typically sent for a commercial purpose. 

 

[THE PLANT LIBRARY] has a zero-tolerance spam policy.

 

Automated spam filtering

 

[THE PLANT LIBRARY]'s messaging systems automatically scan all incoming email [and other] messages, and filter-out messages that appear to be spam. 

 

Problems with spam filtering

 

No message filtering system is 100% accurate, and from time to time legitimate messages will be filtered-out by [THE PLANT LIBRARY'S] systems. 

 

If you believe this has happened to a message you have sent, please advise the message recipient by another means.

 

You can reduce the risk of a message being caught by the spam filters by sending the message in plain text (i.e. no HTML), removing any attachments, and ensuring that your messages are scanned for malware before dispatch.

 

[User spam

 

[THE PLANT LIBRARY] provides a facility that enables users to send [email messages / private messages] to others.  Users must not use this facility to send unsolicited, bulk or indiscriminate messages, whether or not for a commercial purpose.  Full terms and conditions concerning the use of the facility are set out in [DOCUMENT].]

 

[Receipt of unwanted messages from [THE PLANT LIBRARY]

 

In the unlikely event that you receive any message from [THE PLANT LIBRARY] or sent using [THE PLANT LIBRARY'S] systems that may be considered to be spam, please contact [THE PLANT LIBRARY] using the details below and the matter will be investigated.]

 

Changes to this anti-spam policy

 

[THE PLANT LIBRARY] may amend this anti-spam policy at any time by publishing a new version on this website.

 

Contact us

 

Should you have any questions about this anti-spam policy, please contact [THE PLANT LIBRARY] using the details set out below:

anno@theindigenousgardener.co.za

Linking Policy

Credit: This document was created using a Contractology template available at http://www.contractology.com.

 

Status of linking policy

 

[THE PLANT LIBRARY] welcomes links to this website [made in accordance with the terms of this linking policy].

 

[This linking policy is intended to assist you when linking to this website.] OR [By using this website you agree to be bound by the terms and conditions of this linking policy.]

 

Links to this website

 

Links pointing to this website should not be misleading. 

 

Appropriate link text should always be used.

 

[From time to time the URL structure of this website may be updated, and unless [THE PLANT LIBRARY] agrees in writing otherwise, all links should point to www.theindigenousgardener.co.za

 

You must not use the [THE PLANT LIBRARY] logo to link to this website (or otherwise) without [THE PLANT LIBRARY's] express written permission.

 

You must not link to this website using any inline linking technique.

 

You must not frame the content of this website or use any similar technology in relation to the content of this website.

 

Links from this website

 

This website includes links to other websites owned and operated by third parties.  These links are not endorsements or recommendations. 

 

[THE PLANT LIBRARY] has no control over the contents of third party websites, and [THE PLANT LIBRARY] accepts no responsibility for them or for any loss or damage that may arise from your use of them.

 

[Removal of links

 

You agree that should [THE PLANT LIBRARY] request the deletion of a link to our website that is within your control, you will delete the link promptly.

 

If you would like [THE PLANT LIBRARY] to remove a link to your website that is included on this website, please contact [THE PLANT LIBRARY] using the contact details below.  Note that unless you have a legal right to demand removal, such removal will be at our discretion.]

 

Changes to this linking policy

 

[THE PLANT LIBRARY] may amend this linking policy at any time by publishing a new version on this website.


Should you have any questions about this linking policy, please contact [THE PLANT LIBRARY] using the details set out below:

 

Contact us: anno@theindigenousgardner.co.za

Copyright Policy

Copyright © [YEAR OF FIRST PUBLICATION - 2017 THE PLANT LIBRARY

 

Credit: This document was created using a Contractology template available at http://www.contractology.com.

 

Ownership of copyright

 

The copyright in this website and the material on this website (including without limitation the text, computer code, artwork, photographs, images, music, audio material, video material and audio-visual material on this website) is owned by [THE PLANT LIBRARY] [and its licensors].

 

Copyright license

 

[THE PLANT LIBRARY] grants to you a worldwide non-exclusive royalty-free revocable license to:

 

·         view this website and the material on this website on a computer or mobile device via a web browser;

·         copy and store this website and the material on this website in your web browser cache memory; and

·         print pages from this website for your own [personal and non-commercial] use.

 

[THE PLANT LIBRARY] does not grant you any other rights in relation to this website or the material on this website.   In other words, all other rights are reserved.

 

For the avoidance of doubt, you must not adapt, edit, change, transform, publish, republish, distribute, redistribute, broadcast, rebroadcast or show or play in public this website or the material on this website (in any form or media) without [THE PLANT LIBRARY'S] prior written permission.  

 

Data mining

 

The automated and/or systematic collection of data from this website is prohibited.

 

Permissions

 

You may request permission to use the copyright materials on this website by writing to [EMAIL ADDRESS] or [ADDRESS].

 

Enforcement of copyright

 

[THE PLANT LIBRARY] takes the protection of its copyright very seriously.

 

If [THE PLANT LIBRARY] discovers that you have used its copyright materials in contravention of the license above, [THE PLANT LIBRARY] may bring legal proceedings against you seeking monetary damages and an injunction to stop you using those materials.  You could also be ordered to pay legal costs.

 

If you become aware of any use of [THE PLANT LIBRARY'S] copyright materials that contravene or may contravene the license above, please report this by email to [EMAIL ADDRESS] or by post to [ADDRESS].

Infringing material

 

If you become aware of any material on the website that you believe infringes your or any other person's copyright, please report this by email to

anno@theindigenousgardener.co.za

Legal Disclaimer

Credit: This document was created using a Contractology template available at http://www.contractology.com.  

 

No advice

 

This website contains general information about legal matters.  The information is not advice, and should not be treated as such.

 

Limitation of warranties

 

The legal information on this website is provided “as is” without any representations or warranties, express or implied.  [THE PLANT LIBRARY] makes no representations or warranties in relation to the legal information on this website. 

 

Without prejudice to the generality of the foregoing paragraph, [THE PLANT LIBRARY] does not warrant that:

 

  • the legal information on this website will be constantly available, or available at all; or

  • the legal information on this website is complete, true, accurate, up-to-date, or non-misleading.

 

Professional assistance

 

You must not rely on the information on this website as an alternative to legal advice from your attorney or other professional legal services provider.  

 

If you have any specific questions about any legal matter you should consult your attorney or other professional legal services, provider.

 

You should never delay seeking legal advice, disregard legal advice, or commence or discontinue any legal action because of information on this website.

 

Liability

 

Nothing in this legal disclaimer will limit any of our liabilities in any way that is not permitted under applicable law or exclude any of our liabilities that may not be excluded under applicable law.