Privacy Policy

 

Last Modified: October 1, 2022

 

INTRODUCTION

Edens Garden Essentials Corporation (dba Edens Garden®) (“Edens Garden,” “Our,” “Us,” “We”) respects the privacy of Our website’s users (“You,” “Your”) and is committed to protecting Your Personal Information through Our compliance with this Privacy Policy (this “Policy").

This Policy describes the types of Personal Information We may collect or that You may provide when You visit the Edens Garden website www.edensgarden.com (the "Website") and Our practices for collecting, using, maintaining, protecting, and disclosing that Personal Information. We would like You to know that, to the extent We collect Your Personal Information, We do not sell Your Personal Information to any third party.

Please read this Policy carefully to understand both it and Our practices regarding Your Personal Information. Please do not use the Website if You do not agree with this Policy or Our practices. By accessing or using the Website, You agree to this Policy.

Due to the fluid nature of legislation around data privacy, Edens Garden reserves the right to make lawful changes as needed and recommends that You periodically check this Policy to see if there have been any changes. Your continued use of the Website after We make changes to this Policy is deemed to be Your acceptance of those changes.

 

 

PERSONAL INFORMATION

In general, Personal Information means information that identifies, relates to, describes, is reasonably capable of being associated with, or could reasonably be linked, directly or indirectly, with a particular consumer or household. Personal information includes but is not limited to identifiers such as a real name, alias, postal address, unique personal identifier, online identifier, internet protocol address, email address, account name, telephone number, or other similar identifiers.

This Policy applies to Personal Information We collect on the Website, in email, text, or other electronic messages from You, and when You interact with Our advertising, applications, or services on third-party websites, if such advertising, applications, or services include links to this Policy. This Policy does not apply to Personal Information collected by Edens Garden offline or through any other means, including on any other website operated by Edens Garden or any third party (including Our affiliates and subsidiaries).

 

 

WHO CAN USE THE WEBSITE

Our Website welcome’s everyone but is not intended for persons who are less than 16 years of age. Our Website is additionally or alternatively not intended for persons younger than a legal age to enter into a binding agreement with Us. Do not use this Website if You are a person who is less than 16 years of age and/or a person that is younger than a legal age to enter into a binding agreement with Us. Please contact Us by mail or email at the addresses listed it the end of this Policy if You believe We might have any Personal Information provided by or about a person in these age groups.

 

YOUR RIGHTS REGARDING PERSONAL INFORMATION

Please note that We never sell Personal Information to any third party. We are dedicated to keeping Your Personal Information secure. Toward this end, You should know Your rights regarding Personal Information. First, You have a right to request that We disclose to You the Personal Information that We collect, use, disclose, and sell. This may be referred to as Your “Right to Know.” To exercise Your Right to Know, please send a request by email to info@edensgarden.com.

Second, You have a right to request deletion of Your Personal Information. This may be referred to as Your “Right to Delete.” To exercise Your Right to Delete, please send a signed paper requesting deletion of Your Personal Information by mail to Edens Garden Essentials Corporation, Consumer Relations, 1322 Calle Avanzado, San Clemente, California 92673 or by email to info@edensgarden.com.

We must be able to verify Your identity before We comply with either request. Where possible, We will attempt to verify Your identity by matching information in Your request with information We already have on file. If We are able to verify Your identity, We will process Your request. If We cannot verify Your identity, We may ask You for additional information.

If You prefer to have an authorized agent to make Your request, please instruct Your authorized agent to mail the request with a copy of a document signed by You, which grants Your authorized agent permission to act on Your behalf (e.g., a power of attorney). Please address the request to: Edens Garden Essentials Corporation, Consumer Relations, 1322 Calle Avanzado, San Clemente, California 92673. We may ask You to verify Your identity directly with Us and/or ask You directly to confirm that You provided the authorized agent Your permission to submit the request on Your behalf. We may also ask Your authorized agent to verify his or her own identity to Us.

Third, You have a right to opt-out of the sale of Your Personal Information by Us. However, as stated, to the extent We collect Your Personal Information, We do not sell Your Personal Information to any third party. If We change Our policy or practice regarding the sale or disclosure of Personal Information in the future, We will amend this Policy and require You to opt-in prior to any sale.

Fourth, You have the right to exercise the privacy rights expressed in this Policy without receiving any discriminatory treatment by US. We treat everyone equally and pledge to never treat You in a discriminatory fashion with regard to anything, including with regard to how You exercise the privacy rights expressed in this Policy.

You may have additional rights regarding Your Personal Information if You are a citizen of the European Union. These additional rights are summarized at the end of this Policy.

 

NOTICE OF COLLECTION OF PERSONAL INFORMATION

Personal Information may be characterized as Personal Information We may collect from You, Personal Information that You may provide to Us, and Personal Information We May Collect Through Automatic Data Collection Technologies.

Personal Information We May Collect From You includes:

Identifiers by which You may be personally identified, such as a real name, alias, postal address, unique personal identifier, online identifier, internet protocol address, email address, account name, telephone number, or other similar identifiers.

Financial payment information related to amount paid for products purchased through the Website, payment date, and transaction identifier associating You with a purchase. Financial payment information may be received from Our payment processor service provider. Financial payment information is distinct from financial account information (e.g., credit card number, checking account number, etc.), which is received and processed by Our payment processor service provider. The interchange between You and Our payment processor service provider is conducted using a secure channel established between You and Our payment processor service provider. We do not have access to and do not store Your financial account information.

Commercial transaction information (such as a record of purchased products, order dates, and order quantities) that We generate when You purchase a product from the Website.

We may collect this Personal Information from any one or more of the following sources:

Directly from You when You provide it to us, for example, at the time of creation of a customer account through the Website, when You subscribe to any services or newsletters We may provide now or in the future, when it is included with questions or comments received by Us in connection with the Website, when it is included with responses to surveys that We may ask You to complete, or when You provide it to Us to fulfill an order for products purchased through the Website.

Automatically as You navigate through the Website by use of cookies, web beacons, and/or other tracking technologies. Please see Our Cookie Policy for additional information.

From Your interaction with the Website, for example when You submit a blog post or when You provide Your Personal Information to receive newsletters, offers, or to enter a contest.

Personal Information You May Provide to Us Includes:

Identifiers by which You may be personally identified, such as a real name, alias, postal address, unique personal identifier, online identifier, internet protocol address, email address, account name, telephone number, or other similar identifiers.

Personal characteristics such as birth date and gender.

We may collect this Personal Information from any one or more of the following sources:

Directly from You as described above.

From Your interaction with the Website, for example from search queries on the Website.

Personal Information We May Collect Through Automatic Data Collection Technologies Includes:

Identifiers by which You may be personally identified, such as a real name, alias, postal address, unique personal identifier, online identifier, internet protocol address, email address, account name, telephone number, or other similar identifiers.

Website usage activity information, including browsing history, content and page views, search engine and search terms used, domain type, browser version, the length of Your visit and other information regarding Your visit to the Website and any advertisements linked to the Website.

We may collect this Personal Information from any one or more of the following sources:

Cookies. Please see Our Cookie Policy for additional information.

Web Beacons. Pages of the Website may contain small electronic files known as web beacons (also referred to as clear gifs, pixel tags, and single-pixel gifs) that permit Edens Garden, for example, to count users who have visited its pages and for other related website statistics (for example, recording the popularity of certain website content and verifying system and server integrity).

 

 

HOW WE USE YOUR PERSONAL INFORMATION

We may use Personal Information that We collect for the following purposes, which are grouped by legal basis:

Consent. That is, We have Your consent to receive notifications, as described in Our Terms of Use. We will provide You with a way to withdraw Your consent to receive subsequent notifications in each notification We send. Based on this consent, We may use Your Personal Information to:

Send notifications about Your customer account and/or subscription, if offered now or in the future, including expiration and/or renewal notices.
Send notifications about promotions, products, or services available through the Website.

Send notifications about changes to the Website or any products or services We offer or provide though the Website.

Contract. To the extent that an implied or express contract is established, We may use Your Personal Information to:

Deliver and fulfill Your orders for Our products or to process Your returns or exchanges.

Carry out Our obligations and enforce Our rights arising from any contracts entered into between You and Us, including for billing and collection.

Legal Obligation. To comply with a legal obligation, We may use Your Personal Information to:

Enforce Our Terms of Use or other legal rights or as may be required by applicable laws and regulations or ordered by any judicial process or governmental agency.

Collect and manage Your consents.

Record communication between You and Us.

Investigate and prevent fraud. 

Provide You with customer support.

Analyze traffic on the Website.

Estimate Our audience size and usage patterns.

Present Our Website and its contents to You and to deliver a better and more personalized service to You.

Speed up Your transactions and searches.

Improve Our product offerings.

Tailor Our marketing efforts.

Administer accounts and for internal operations and reporting purposes.
Enforce or apply Our Terms of Use and any other agreements, including for billing and collection purposes.

 

 

DISCLOSURE OF PERSONAL INFORMATION

We may disclose Personal Information that We collect to third parties to help Us run the Website, give You a better experience, and to perform analytics to improve the Website.

For example, we disclose Your Personal Information to Shopify to help Us with payments, marketing, shipping, and customer engagement in connection with the Website. You can find how Shopify uses Your Personal Information here: https://www.shopify.com/legal/privacy. As another example, We may use Google Analytics to help us understand how You and other customers use the Website. You can find how Google uses your Personal Information here: https://www.google.com/intl/en/policies/privacy/. Google has provided a way for You to opt-out of Google Analytics here: https://tools.google.com/dlpage/gaoptout.

In some cases, We may disclose Personal Information that has been de-identified and/or aggregated (i.e., grouped in a non-identifiable collective way) so that the disclosed Personal Information does not identify You or Your household and could not be reasonably linked, directly or indirectly, to You or Your household.

We may also disclose Personal Information that We collect:

To Our subsidiaries and affiliates to the extent any exist now or in the future.

To contractors and/or service providers (including Shopify and Google Analytics) We use to support Our business.

To a buyer or other successor or assign in the event of a merger, acquisition, divestiture, restructuring, reorganization, dissolution, or other sale or transfer of some or all of Our assets, whether as a going concern or as part of bankruptcy, liquidation, or similar proceeding, in which Personal Information held by Us is among the assets transferred.

To an entity to fulfill the purpose for which You provided it.

To an entity for any other purpose disclosed by Us when You provided the Personal Information.

To a judicial or state entity to comply with any court order, law, or legal process, including to respond to any government or regulatory order.

 

 

HOW TO CORRECT YOUR PERSONAL INFORMATION

If You believe that any Personal Information associated with Your Edens Garden customer account is in error, please send a request for Us to correct the error, explaining the error and providing the corrected information. You can send Your request by email to info@edensgarden.com. We must be able to verify Your identity before We comply with Your request. Where possible, We will attempt to verify Your identity by matching information in Your request to information We already have on file. If We are able to verify Your request, We will process it. If We cannot verify Your request, We may ask You for additional information.

 

DATA SECURITY

We have implemented and maintain reasonable security procedures and practices appropriate to the nature of the information to protect Your Personal Information in Our possession from accidental loss and from unauthorized access and exfiltration, theft, or 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 the Website, You are responsible for keeping that password confidential. We ask You not to share Your password with anyone. We urge You to be careful about giving out information in public areas of the Website like Our blog and/or another public area should We chose to establish one now or in the future. The information You share in public areas may be viewed by any user of the Website.

Unfortunately, the transmission of information via the Internet is not completely secure. Although We do Our best to protect Your Personal Information, We cannot guarantee the security of Your Personal Information transmitted to the Website. Any transmission of Personal Information is at Your own risk. We are not responsible for circumvention of any privacy settings or security measures contained on the Website.

 

RIGHT TO PRIVATE COURSE OF ACTION

You have the right to institute a civil action if certain nonencrypted and nonredacted Personal Information is subject to an unauthorized access and exfiltration, theft, or disclosure as a result of Our violation of any duty to implement and maintain reasonable security procedures and practices appropriate to the nature of the information to protect the Personal Information. This right to private course of action is to be is to be construed under the laws of the State of California.

 

CHANGES TO OUR PRIVACY POLICY

It is Our policy to post any changes We make to this Privacy Policy on this page. Please check this page frequently to see any changes to Our Privacy Policy. The date the Privacy Policy was last revised is identified at the top of the Privacy Policy. You are responsible for periodically visiting this Privacy Policy to check for any changes.

 

 

NOTICE REGARDING DISPUTES

If You choose to use the Website, Your use and any dispute over Privacy Information is subject to this Policy and Our Terms of Use, including limitations on damages, resolution of disputes, and application of the laws of the State of California.

 

DATA PROTECTION RIGHTS UNDER THE GENERAL DATA PROTECTION REGULATION (GDPR)

If You are using Our Website You agree to the transfer of Your Personal Information to the United States and processing globally. By providing Your Personal Information You consent to any transfer and processing in accordance with this Policy. A citizen of the European Union (EU), for example, may have the following rights under the GDPR.

Right to Information. You may have a right to information concerning this and other rights listed under this heading in a concise, transparent, intelligible, and easily accessible form, using clear and plain language.

Right to be Informed. You may have a right to be informed about the collection and use of Your Personal Information. Information about the collection and use of Your Personal Information is provided throughout this Policy. A link to this Policy was provided to You prior to Your providing Your Personal Information. You are the only source of Personal Information, under all circumstances.

Please be informed of the following: Edens Garden is the controller of Your Personal Information; the processing purposes, interests pursued (e.g., uses of Your Personal Information) and the legal basis are described under the heading “Data Protection Rights Under The General Data Protection Regulation (GDPR)” of this Policy. Recipients of disclosures of Your Personal Information are identified under the heading “Disclosure of Personal Information” of this Policy. We receive Your Personal Information from You in the United States of America. We have no intention to transfer Your Personal Information to any other country. Your rights are described throughout this Policy. In addition to Your rights as described herein, You may have rights relating to information about the duration of storage, the ability to withdraw consent, and whether the provision of Your Personal Information is a statutory or contractual requirement.

Right of Access. You may have the right to receive from Us a positive or negative acknowledgement to determine whether We are processing Your Personal Information. If We are processing Your personal information, You may have the right to request information about the processing purposes, the categories of Personal Information processed, the recipients or categories of recipients, the planned duration of storage or criteria for their definition, information about Your rights concerning rectification, erasure or restriction of processing, the right to object, instructions on the right to lodge a complaint with the authorities, information about the origin of the Personal Information (if the Personal Information was not collected from You), and any existence of an automated decision-taking process, including profiling, with meaningful information about the logic involved as well as the implications and intended effects of such procedures. Additionally, if Your personal Information was transmitted to a third country without an adequate level of protection, You have the right to be informed of all appropriate safeguards which have been taken.

Right to Rectification. You may have the right to correct Your Personal Information.

Right to be Forgotten. You may have the right to have Your Personal Information erased: when the Personal Information is no longer needed for its original processing purpose; when You have withdrawn Your consent and there is no other legal ground for processing; when You have objected and there are no overriding legitimate grounds for the processing; when erasure is required to fulfil a statutory obligation under an applicable European Union (EU) law or a right of a member state to the EU; or when processing of Your Personal information is against a law of the EU or a member state of the EU. The Right to be Forgotten is not guaranteed. It is limited especially when colliding with a right of freedom of expression and information. Other exceptions may include consideration of whether the processing of Your Personal Information is necessary to comply with legal obligations, for archiving purposes in the public interest, scientific or historical research purposes or statistical purposes or for the defense of legal claims.

Right to Restriction of Processing. You may have the right to ask Us to stop using Your Personal Information and to notify recipients of Your Personal Information to stop using Your Personal Information.

Right to Data Portability. You may have the right to receive and transmit Personal Information that You provided to Us in a structured, commonly used, and machine-readable format.

Right to Object. You may have the right to object to Our use of Your Personal Information for certain purposes, such as direct marketing.

Right to be Not Subject to Automated Individual Decision-Making. You have the right not to be subject to a decision based solely on automated processing, including profiling, when such processing produces certain legal effects.

Right to Lodge a Complaint. You have the right to lodge a complaint with an independent public authority that is responsible for monitoring the application of the GDPR if You consider the processing of Your Personal Information infringes the GDPR.

Right to Effective Judicial Remedy. You may have the right to an effective judicial remedy if You consider Your rights under the GDPR have been infringed as a result of Our processing of Your Personal information in non-compliance with the GDPR.

Right to Compensation and Liability. You may have the right to receive compensation for damage suffered by Our processing of Your Personal Information if the damage was a result of Our infringement of the GDPR.

Right to be Informed of a Data Breach. If We store Your Personal Information (including information that will allow Us to contact You) and the Personal Information is subject to a data breach, when the data breach is likely to result in a high risk to Your rights and freedoms We will communicate the occurrence of the data breach to You without undue delay.

 

WHO TO CONTACT FOR MORE INFORMATION

If You would like to contact Us for more information about privacy at Edens Garden, or contact Us with any questions or concerns about Our policies or practices, please feel free to contact Us by mail or email at the addresses shown below.

Edens Garden Essentials Corporation

Consumer Relations

1322 Calle Avanzado

San Clemente, California 92673

info@edensgarden.com