Effective Date: January 1, 2024

1. Who We Are and What We Do

At Tom’s Lawns and Gardens, Inc. (“Tom’s Lawns and Gardens”, “we”, “us”, or “our”), we provide online landscape design services to our customers. This Privacy Policy is designed to help explain our information practices, the kinds of information we collect, how we use and share that information, and how you can exercise your privacy rights.

2. Scope

This Privacy Policy applies to Personal Information Processed by us in our business, including on our websites (each a “Site”), forums, blogs, and other online or offline offerings (collectively, the “Services”).

3. Personal Information We Collect

The types of Personal Information we collect and our privacy practices depend on how you interact with us, our Services, and the requirements of applicable law.

Personal Information You Provide to Us Directly

• Communications with Us. We may collect Personal Information from you such as email address, phone number, or mailing address when you request information about our Services, request customer or technical support, or otherwise communicate with us.
• Creating Design Profiles. If you create (or begin to create) a Design Profile with us, we may collect Personal Information such as your full name, email address, phone number and physical address. We may also collect other information from you, such as your design preferences and design goals, descriptions about your home, and photographs of your home or yard that you may upload to the Services.
• Purchases. We may collect personal information and details associated with your purchases, including payment information. Any payments made via our Services are processed by third-party payment processors. We do not directly collect or store any payment card information entered through our Services, but we may receive information associated with your payment card information (e.g., your billing details).
• Surveys. We may contact you to participate in surveys. If you decide to participate, you may be asked to provide certain information which may include Personal Information.
• Interactive Features. We and others who use our Services may collect personal information that you may submit or make available through our interactive features, such as forums, blogs, or social media pages. Any content you provide on these channels will be considered “public”, unless otherwise required by law, and is not subject to the privacy protections referenced herein.
• Chat/Messaging. If you participate in chats with or message Tom’s Lawns and Gardens landscape designers, Tom’s Lawns and Gardens customer service representatives, or other Tom’s Lawns and Gardens representatives through our Services, any Personal Information disclosed in those chats or messages may be collected.
• Registration for Sweepstakes or Contests. We may run sweepstakes and contests. Contact information you provide may be used to reach you about the sweepstakes or contest and for other promotional, marketing and business purposes, if permitted by law. In some jurisdictions, we are required to publicly share information of winners.
• Conferences, Trade Shows, and Other Events. We may collect personal information from individuals when we attend or host conferences, trade shows, and other events.
• Business Development and Strategic Partnerships. We may collect personal information from individuals and third parties to assess and pursue potential business opportunities.
• Job Applications. We may post job openings and opportunities on our Services. If you respond to one of these postings, we may collect your personal information, such as your application, CV, cover letter, and/or any other information you provide to us

Personal Information Collected Automatically

• Automatic Data Collection. We may collect certain information automatically when you use the Services. This information may include your Internet protocol (IP) address, user settings, IMEI, MAC address, cookie identifiers, details about your browser, operating system or device, location information as derived from an IP address, Internet service provider, pages that you visit before, during and after using the Services, information about the links you click, and other information about how you use the Services. Information we collect may be associated with accounts and other devices.

Information from Other Sources

• We may obtain information about you from other sources, including through third party services and organizations to supplement information provided by you. This supplemental information may be used to verify information that you have provided to us and to enhance our ability to provide you with information about our business, products, and Services.

4. How We Use Your Personal Information

We Process Personal Information about Individuals for a variety of business purposes, as described below:

To fulfill our Contract with you, and provide you with our Services such as:

• Managing Individual information and accounts;
• Communicating with you regarding questions, comments, and other requests, as well as to notify you about your account or policy changes;
• Processing your financial information and other payment methods for products or Services purchased;
• Provide access to certain areas, functionalities, and features of our Services;
• Processing applications if you apply for a job we post on our Services;
• Answer requests for customer or technical support; and
• Allow you to register for events.

For Administrative Purposes including:

• Direct marketing, research and development (including marketing research);
• Network and information security, detecting security incidents, protecting against malicious, deceptive, fraudulent or illegal activity, and prosecuting those responsible for that activity;
• Measuring interest and engagement in our Site and Services;
• Improving, updating, or enhancing our Services;
• Developing new products and Services;
• Ensuring internal quality control and safety;
• Authenticating and verifying individual identities, including requests to exercise your rights under this Privacy Policy;
• Debugging to identify and repair errors with our Services;
• Auditing relating to interactions, transactions, and other compliance activities;
• Sharing personal information with third parties as needed to provide the Services;
• Enforcing our agreements and policies; and carrying out activities that are required to comply with our legal obligations.

To Market Our Products and Services.

We may use Personal Information to tailor and provide you with content and advertisements about offers, products, and Services that may be of interest, including new content or Services. We may provide you with these materials as permitted by applicable law.

• Some of the ways we market to you include email campaigns, text messages, direct mail, custom audiences advertising, and “interest-based” or “personalized advertising,” including through cross-device tracking.
• We may combine the personally identifiable information that you provide to us and information about your order with other personally identifiable information (such as demographic information and past purchase history) available from our records and other sources. This information will be used to make our future marketing efforts more efficient. This information may also be shared with our third party service providers that assist us with our marketing efforts and with other marketers whose products or services we feel may be of interest to you. If you prefer that we do not share your name and address with other marketers, please follow the instructions below to opt out at any time.
• Text marketing (SMS/MMS): With your permission, we may send text messages about our offerings, and other updates.
• Direct Mail, Email and Outbound Telemarketing. Individuals who provide us with Personal Information, or whose Personal Information we obtain from Third Parties, may, as permitted by law, receive periodic emails, newsletters, mailings or phone calls from us with information on Tom’s Lawns and Gardens’s products and services or upcoming special offers/events we believe may be of interest.
• You may contact us at any time to opt out of the use of your Personal Information for marketing purposes. Follow the instructions as described below, follow the instructions in the email or text (if applicable),
• or opt out of receiving direct mail via this form.

For other purposes that are clearly disclosed to you at the time you provide personal information or with your consent.

For De-identified and Aggregated Information Use.

We may use Personal Information and other information about you to create de-identified and aggregated information, such as de-identified demographic information, de-identified location information, information about the computer or device from which you access our Site and Services, or other analyses we create. De-identified or aggregated information is not Personal Information, and we may use such information in a number of ways, including research, internal analysis, analytics, and any other legally permissible purposes.

For Sharing Content with Friends or Colleagues.

Tom’s Lawns and Gardens’s Site and Services may offer various tools and functionalities. For example, Tom’s Lawns and Gardens allows you to provide information about your friends through our referral services. Our referral services may allow you to forward or share certain content with a friend or colleague, such as an email inviting your friend to use our Services. Email addresses that you may provide for a friend or colleague will be used to send your friend or colleague the content or link you request, but will not be collected or otherwise used by Tom’s Lawns and Gardens or any other third parties for any other purpose.

5. Cookies, Pixel Tags/Web Beacons, Analytics Information, and Interest-Based Advertising

We, as well as third parties that provide content, advertising, or other functionality on the Services, may use cookies, pixel tags, and other technologies (“Technologies”) to automatically collect information through the Services.

Cookies. Cookies are small text files placed in device browsers that store preferences and enhance your experience. Most browsers allow you to block and delete cookies. However, if you do that, the Services may not work properly.

Pixel Tags/Web Beacons. A pixel tag (also known as a web beacon) is a piece of code embedded in our Services that collects information about engagement on our Services. The use of a pixel tag allows us to record, for example, that a user has visited a particular web page or clicked on a particular advertisement. We may also include web beacons in emails to understand whether messages have been opened, acted on, or forwarded.

Our uses of these Technologies fall into the following general categories:

• Operationally Necessary. This includes Technologies that allow you access to our Services, applications and tools that are required to identify irregular website behavior, prevent fraudulent activity, improve security or allow you to make use of our functionality;
• Performance Related. We may use Technologies to assess the performance of our Services, including as part of our analytic practices to help us understand how individuals use our Services (see Analytics below);
• Functionality Related. We may use Technologies that allow us to offer you enhanced functionality when accessing or using our Services. This may include identifying you when you sign into our Services or keeping track of your specified preferences, interests, or past items viewed;
• Advertising or Targeting Related. We may use first party or third-party Technologies to deliver content, including ads and direct mail relevant to your interests, on our . Services or on third party digital properties.

Analytics. We may use Technologies and other third-party tools to process analytics information on our Services. These Technologies allow us to better understand how our digital Services are used to continually improve and personalize our Services. Below, we list some of the analytics service providers we use, including links where you can find more information about the analytics services and where you can opt out of the analytic service’s collection (when applicable).

• Google Analytics, GA Audience, Google Tag Manager, LiveChat
• Information: www.google.com/policies/privacy/partners/
• Opt-Out: http://tools.google.com/dlpage/gaoptout
• Double Click
• Information: https://policies.google.com/privacy?hl=en
• Opt-Out: https://adssettings.google.com/authenticated
• Facebook Custom Audience and Facebook Connect
• Information: https://www.facebook.com/privacy/explanation
• Opt-out: https://www.facebook.com/ads/preferences/?entry_product= ad_settings_screen
• Drip
• Typekit by Adobe
• Information: https://www.adobe.com/privacy/policies/adobefonts.html
• Opt-Out: https://www.adobe.com/privacy/opt-out.html#5
• Share Local Media
• Information: https://sharelocalmedia.com/privacy-policy
• Opt-Out: https://opt-out.sharelocalmedia.com/

Third Party Websites/Applications, Social Media Platforms and Software Development Kits

The Services may contain links to other websites/applications and other websites/applications may reference or link to our Site or other Services. These other websites and applications are not controlled by us. We encourage our users to read the privacy policies of each website and application with which they interact. We do not endorse, screen or approve, and are not responsible for the privacy practices or content of such other websites or applications. Visiting these other websites or applications is at your own risk.

We may use third party APIs and software development kits (“SDKs”) as part of the functionality of our Services. APIs and SDKs may allow third parties including advertising partners to collect your Personal Information to provide content that is more relevant to you.For more information about our use of APIs and SDKs, please contact us as set forth below.

6. How We May Disclose Your Information

We may share your information as described in this Privacy Policy:

We Use Service Providers. We may share any information we receive with service providers. The types of service providers (processors) to whom we entrust Personal Information include service providers for: (i) provision of IT and related services; (ii) provision of information and services you have requested; (iii) payment processing such as Stripe and Airtable (iv) customer service activities; and (v) the provision of the Site and Services.

Business Partners. We may share your personal information with business partners to provide you with a product or service you have requested. We may provide Personal Information to business partners with whom we jointly offer products or services. In such cases, our business partner’s name will appear along with ours.

Local Contractors. Once a Deliverable has been provided to you and your design has been finalized, we may provide Personal Information to local, vetted contractors within Tom’s Lawns and Gardens’s Pro Contractor Network, or another qualified local contractor that Tom’s Lawns and Gardens searches for, who will implement your design and create a finished product based on your design. Such Personal Information will be shared solely as necessary to match you to a local contractor.

Affiliates. We may share your personal information with our company affiliates.

Advertising Partners. We may share your personal information with third-party advertising partners. Through our Services, Tom’s Lawns and Gardens may allow third party advertising partners to set Technologies and other tracking tools to collect information regarding your activities and your device (e.g., your IP address, page(s) visited, time of day). We may also combine and share such information and other information (such as demographic information and past purchase history) with third party advertising partners. These advertising partners may use this information (and similar information collected from other websites) for purposes of delivering targeted advertisements to you when you visit third party websites within their networks. This practice is commonly referred to as “interest-based advertising” or “online behavioral advertising.” We may allow access to other data collected by the Site and Services to share information that may be useful, relevant, valuable, or otherwise of interest to you. If you prefer not to share your Personal Information with third party advertising partners, you may follow the instructions below.

Disclosures to Protect Us or Others. We may access, preserve, and disclose your Personal Information, other account information, and content if we, in good faith, believe doing so is required or appropriate to: (i) comply with law enforcement or national security requests and legal process, such as a court order or subpoena; (ii) respond to your requests; (iii) protect your, our or others’ rights, property, or safety; (iv) to enforce our policies or contracts; (v) to collect amounts owed to us; (vi) when we believe disclosure is necessary or appropriate to prevent physical harm or financial loss or in connection with an investigation or prosecution of suspected or actual illegal activity; or (vii) if we, in good faith, believe that disclosure is otherwise necessary or advisable.

Merger, Sale, or Other Asset Transfers. If we are involved in a merger, acquisition, financing due diligence, reorganization, bankruptcy, receivership, purchase or sale of assets, or transition of service to another provider, then your information may be sold or transferred as part of such a transaction as permitted by law and/or contract.

7. International Data Transfers

You agree that all information Processed by us may be transferred, Processed, and stored anywhere in the world.

Personal Information may be stored in the cloud, on our servers, on the servers of our affiliates or the servers of our service providers.

8. Your Privacy Choices and Rights

Your Privacy Choices. The privacy choices you may have about your personal information are determined by applicable law and are described below.

• Access, Correction, and Deletion. You may access, correct, or delete your Personal Information that we Process by contacting us as described below. We will promptly take steps to respond to your requests and provide you with the requested information, correct the information or delete it as appropriate, and in accordance with applicable law.
• Marketing Communications. You may opt-out of marketing-related emails by following the opt-out or unsubscribe instructions at the bottom of the email, or by contacting us as described below. You may continue to receive service-related and other non-marketing emails.
• Push Notifications. You can opt-out of receiving push notifications through your device settings. Please note that opting out of receiving push notifications may impact your use of the Services.
• Cookies and Similar Technologies. Please review your browser or device settings for certain cookies and see above to exercise certain choices regarding cookies.
• Interest-Based Advertising. We support the Self-Regulatory Principles for Online Behavioral Advertising (Principles) of the Digital Advertising Alliance in the United States. If you live in the United States, you can visit AdChoices (US), or if you are located in the European Union, visit YourOnlineChoices. These sites provide tools that help you opt-out from receiving targeted ads from advertisers who are members of the Network Advertising Initiative (NAI) or who follow the Digital Advertising Alliance’s Self-Regulatory Principles for Online Behavioral Advertising.
• Withdrawing Consent. If we have collected and processed your Personal Information with your consent, then you can withdraw your consent at any time. Withdrawing your consent will not affect the lawfulness of any processing we conducted prior to your withdrawal, nor will it affect processing of your Personal Information conducted in reliance on lawful processing grounds other than consent.

9. Children’s Information

The Services are not directed to children under 16 (or other age as required by local law), and we do not knowingly collect Personal Information from children. If you learn that your child has provided us with Personal Information without your consent, you may contact us as set forth below. If we learn that we have collected any Personal Information in violation of applicable law, we will promptly take steps to delete such information and terminate the child’s account.

10. Data Security

We have implemented measures designed to secure your Personal Information from accidental loss and from unauthorized access, use, alteration, and disclosure.

The safety and security of your information also depends on you. Where we have given you (or where you have chosen) a password for access to certain parts of our Services, you are responsible for keeping this password confidential. We ask you not to share your password with anyone.

11. Data Retention

We will only retain your Personal Information for as long as necessary to fulfill the purposes we collected it for, including for the purposes of satisfying any legal, accounting, or reporting requirements.

To determine the appropriate retention period for Personal Information, we consider the amount, nature, and sensitivity of the Personal Information, the potential risk of harm from unauthorized use or disclosure of your Personal Information, the purposes for which we Process your Personal Information and whether we can achieve those purposes through other means, and the applicable legal requirements.

12. Changes to Our Privacy Policy

We reserve the right to update or change our Privacy Policy at any time. If we make material changes to this Privacy Policy, we will notify you through our Services or by other means to provide you the opportunity to review the changes before they become effective. Any such updates or changes will be effective immediately upon posting to the Services. Your continued use of the Services following the posting of any updates or changes constitutes your acceptance of such changes. Please periodically review this Privacy Policy for updates.

13. Contact Information

If you have any questions or comments about this Privacy Policy, the ways in which we collect and use your Personal Information, your choices and rights regarding such use, or wish to exercise your rights under California law, please do not hesitate to contact us at:

Tom’s Lawns and Gardens, Inc.
123 Green Street
Springfield, USA
privacy@tomslawnsandgardens.com
1-800-123-4567