VERTIGROW INC. PRIVACY POLICY 

Vertigrow Inc., (“Vertigrow”/“we”/”us”) are committed to protecting your privacy.  We make the website, //vertigrow.io/(the “Website”) available together with our services as further described in our Terms of Service //vertigrow.io/terms-of-service/ (the “Services”).  This Privacy Policy describes how we collect, store, use and distribute information about our users through the Website and Services. 

Consent: By using the Website or our Services you consent to the use of your Personal Information as described in this Privacy Policy.  Except as set forth in this Privacy Policy, your Personal Information will not be used for any other purpose without your consent. We will not actively collect Personal Information for the purpose of sale or marketing in a way that specifically identifies the individual.  In other words, we don’t sell customer lists.  You may withdraw your consent to our processing of your Personal Information at any time.  However, withdrawing consent may result in your inability to continue using the Website and/or the Services.

Collection of Information: We aim to collect, use and disclose only such information as is required to enable us to manage your account, to provide the Services, to maintain our customer/visitor lists, to respond to your inquiries or provide feedback, for identification and authentication purposes, and for service improvement. We will maintain the confidentiality of any contact information you provide to us on signing up for our Services or contacting us with questions or for further information and we will use it only for the purposes for which we have collected it (subject to the exclusions and disclosures we have listed below), unless you agree that we may disclose it to other third parties.

Two types of information may be collected through the Website and our Services: Personal Information and Non-Personal Information.  This Privacy Policy does not extend to the collection, use or disclosure of the following information which is currently not limited by applicable privacy laws: (a) information that is publicly available, such as names, addresses, telephone numbers and electronic address when listed in a directory or made available through directory assistance; or (b) Non-Personal Information (as defined further below).

"Personal Information" is personally identifiable information, such as your name, address, e-mail address, credit card information, birth date and gender.  At the time of collection, we will clearly identify the information being collected and the purposes for which it will be used.  It is always your choice whether or not to provide Personal Information but if you choose not to provide certain requested Personal Information, in some instances you may not be able to register to use the Website or be able to access and use the Website at all.  In other instances, your choice not to provide certain other Personal Information may mean that you will not be able to use certain features of the Website.  We may collect Personal Information in respect of the Website through registration processes; communications with you; information downloads; service purchases; user support; and surveys.

"Non-Personal Information" is information of an anonymous nature, such as an Internet Protocol Address (IP Address), the domain used to access the Website, and the type and version of browser or operating system being used by visitors to the website.  Aggregate information, such as demographic statistics of our users (e.g. average age or geographical allocation of our users), number of visitors, what pages users access or visit, and average time spent on the Website.  Business contact information such as the name, title, business address, e-mail address, or telephone number of a business or professional person or an employee of an organization is not considered Personal Information.

Although the use of certain Non-Personal Information collected, used or disclosed through the Internet as described herein is not restricted (and to the extent that such is the case, the obligations under this Privacy Policy do not apply to such information), we provide information in this Privacy Policy about the collection of such information for the sake of transparency with respect to the operation of the Website.  Such Non-Personal Information is collected or derived by us in the course of operating this Website.  For example, our web servers may automatically collect Non-Personal Information that is provided through your browser or stored in a cookie when you choose to visit the Website.

Use of Information: We collect information for the following purposes:

• Registration: In order to order our Services you must provide certain Personal Information to us such as your full name, address, email address, farm size, payment plan, password for login (SHA256 encrypted), farm product data (production schedules, amounts etc.), farm inventory (seeds, soils, etc.) and farm employee names.  In general, none of your account registration information will be shared with any other users of the Website or our Services. 
• Statistics: we also collect statistics about use of the Services purchased through the Website. This information will be kept confidential, however, aggregate statistics that do not personally identify an individual will be kept by us and such aggregate statistics may be made available to other members or third parties. 
• System Logs & Google Analytics: Some of the information we receive is obtained through the use of first-party and third-party beacons, scripts, and tags. The cookies we use on our Service are served by Google Analytics. When you visit our Service for the first time, you will have the option to enable or disable certain cookies. Information on how to opt-out of the Google Analytics browser add-on can be accessed at //tools.google.com/dlpage/gaoptout/.  This information is used to improve the content of the Website.  You can set your browser to notify you when you are sent a cookie.  This gives you the chance to decide whether or not to accept it.  If you disable cookies, you may not be able to take advantage of all the features of the Website.  We do not link any of the information we use in cookies to any personally identifiable information submitted by you when you are on the Website.

Your IP address is reported by your web browser whenever you visit a page on the Website.  This information is recorded together with your registration information on our databases. 

If we plan to use your Personal Information in future for any other purposes not identified above, we will only do so after informing you by updating this Privacy Policy.  See further the section of this Privacy Policy entitled ‘Amendment of this Policy’.

Disclosures & Transfers:  We have put in place contractual and other organizational safeguards with our agents (see further below) to ensure a proper level of protection of your Personal Information (see further Security below).  In addition to those measures, we will not disclose or transfer your Personal Information to third parties without your permission, except as specified in this Privacy Policy (see further Important Exceptions below).

As at the date of this Privacy Policy, we share Personal Information about you in respect of the Website only with our agents and partners that perform tasks on our behalf in order to provide you with the Services. We have put in place contractual and other organizational safeguards with our agents (see further below) to ensure a proper level of protection of your Personal Information. We store our data, including Personal Information, on servers located in Canada. By submitting information, you agree to this transfer, storing, or processing of your Personal Information in Canada. You acknowledge and agree that your Personal Information may be accessible to law enforcement and governmental agencies in Canada under lawful access regimes or court orders.

Our business partners may include:

• Software developers;
• Hardware vendors;
• System integrators; and
• Payment processors.

From time to time we may employ third parties to help us improve the Website and/or the Services. These third parties may have limited access to databases of user information solely for the purpose of helping us to improve the Website and/or the Services and they will be subject to contractual restrictions prohibiting them from using the information about our members for any other purpose.

Important Exceptions: We may disclose your Personal Information to third parties without your consent if we have reason to believe that disclosing this information is necessary to identify, contact or bring legal action against someone who may be causing injury to or interference with (either intentionally or unintentionally) our rights or property, other Website members, other users of the Services, or anyone else (including the rights or property of anyone else) that could be harmed by such activities.  We may disclose Personal Information when we believe in good faith that such disclosure is required by and in accordance with the law.

We may also disclose your Personal Information in connection with a corporate re-organization, a merger or amalgamation with another entity, a sale of all or a substantial portion of our assets or stock, including any due diligence exercise carried out in relation to the same, provided that the information disclosed continues to be used for the purposes permitted by this Privacy Policy by the entity acquiring the information.

Security: The security of your Personal Information is important to us.  We use commercially reasonable efforts to store and maintain your Personal Information in a secure environment.  We take technical, contractual, administrative, and physical security steps designed to protect Personal Information that you provide to us.  We have implemented procedures designed to limit the dissemination of your Personal Information to only such designated staff as are reasonably necessary to carry out the stated purposes we have communicated to you.

In certain areas, such as when you provide credit card or other payment information to us, the Website works to help protect the security of your credit card and other payment information during transmission by using Paddle.

You are also responsible for helping to protect the security of your Personal Information.  For instance, never give out your email account information for the Services to third parties password.

General Data Protection Regulation (GDPR) Privacy Rights: We may be collecting and using information from you (the ‘data subject’) if you visit, access, and/or use our Service, and if you reside in the EEA. The GDPR provides certain rights to EEA residents including the right to request access to, obtain, correct, amend, delete, or limit the use of your personal data. Any terms defined in the GDPR have the same meaning when used in this Section ‎8. This Section ‎8 of our Privacy Policy applies specifically to users or visitors who are EEA residents. In the event of any inconsistency between our Privacy Policy and this Section ‎8, this Section ‎8 shall control in connection with the privacy rights of EEA residents, solely and exclusively. Notwithstanding the foregoing and for the sake of clarification, this Privacy Policy shall be read as a whole and shall be applicable to EEA residents and users of our Service.

(A) GDPR Principles. Where the GDPR applies, the legal bases we rely upon include:

• • The right to be informed. You have the right to be provided with clear, transparent, and easily understandable information about how we use your Personal Information and your rights. Our Privacy Policy sets out how we use your Personal Information and your rights in connection with them.
  • The right of access. You have the right to obtain access to your Personal Information (if we process it). For This will allow you to verify that we are using your Personal Information in compliance with applicable law. If you wish to access the Personal Information we hold about you in this way, please use the contact information referenced below to get in touch with us.
  • The right to rectification. You are entitled to have your Personal Information corrected if it is inaccurate or incomplete. You can request that we rectify any errors in the information that we hold by contacting us using our contact details below.
  • The right to erasure. This is also known as 'the right to be forgotten' and, essentially, it means that you have the right to request the deletion or removal of certain of the information that we hold about you by sending your request to us using our contact details below. We will only retain your Personal Information for the duration and for as long as it is required to satisfy our intended purposes, in compliance with applicable law. So unless we have explicitly stated in this Privacy Policy, the Personal Information stored by us will be deleted as soon as it is no longer required for its intended purpose and its does not conflict with any statutory storage obligations. If it is not deleted for other necessities and legally permissible purposes, its processing is restricted. This means that data is blocked and not processed for other purposes and applies, for example, to data retained for legal, statutory, commercial, or tax purposes.
  • The right to restrict processing. You have rights to restrict, (i.e 'block' or 'suppress' further use of your Personal Information). When processing is restricted, we can still store your Personal Information, but will not use it further.
  • The right to data portability. You have the right to obtain a copy of your Personal Information in an accessible, human-readable, and transferrable format so that you can re-use it for your own purposes across different service providers. This is not a general right however and there are exceptions. To learn more about your rights to data portability, you may contact us using our contact details below.
  • The right to withdraw consent. If you have given your consent to anything we do with your information (i.e. we rely on consent as a legal basis for processing your information), you have the right to withdraw that consent at any time. You can withdraw your consent by contacting us.
  • The right to object to direct advertising. You have the right to object to certain types of processing of your Personal Information (if we process it), including processing for direct marketing purposes and profiling. You can object by deactivating your cookie and tracking settings on your web browser. Deactivating these cookies, however, may restrict your use or access to the functionality of the Services. In addition to the information provided to you in Section 2 of this Privacy Policy, and to learn more about how to object to the use of cookies and trackers, and opting out of our direct marketing, you may visit //www.aboutads.info/choices/ (the United States and Canada), //www.youronlinechoices.com/ (EU Website).
  • The right to lodge a complaint. If your request or concern in connection with your Personal Information is not satisfactorily resolved by us, you have the right to lodge a complaint about the way we handle or process your information with the national data protection authority.
  • Disclosure to third parties. As an EEA resident, If your Personal Information is disclosed to third parties (for instance, contract processors) as part of our processing, transmitted to them, or access to the Personal Information is otherwise granted, this transaction shall only be done for lawful purposes(for instance, to fulfill our contractual obligations with our third-party payment providers, and only if you have provided your consent, and it fulfills our legitimate interests, such interests which we have outlined in this Privacy Policy.

(B) Data Transfers. As referenced in Section ‎3 of this Privacy Policy, all Personal Information hosted on our behalf may be transferred and stored by our third-party service providers at destinations outside the EEA that may not be subject to equivalent data protection law (i.e. United States and Canada).  It may also be processed by staff situated outside the EEA who work for us or one of our suppliers.  We may transfer your Personal Information outside the EEA:

•  

• • to host or store it (see further our list of sub-processors at Section 8 D below);
  • to enable us to provide goods or services to and fulfill our agreements and legal obligations with you in accordance with our terms of Service;
  • where we are legally required to do so;
  • to facilitate the operation of our group of businesses, where it is in our legitimate interests and we have concluded these are not overridden by your rights. Where your information is transferred outside the EEA, we take steps reasonably necessary to ensure that your data is subject to appropriate safeguards, such as where applicable relying on a recognized legal adequacy mechanism and contracts, to help ensure your rights and protections travel with your data and that your Personal Information is treated securely and in accordance with this Privacy Policy.

(C) Exercising your Rights to your Personal Information as an EEA resident. To exercise these rights to Personal Information under this Privacy Policy as an EEA resident, you may contact us using the contact details we have provided below. We may ask for further information to clarify your identity and location. If you are a customer or employee of one of our service provider customers, please contact the service provider that you interact with directly, as in that circumstance we will be acting as a data processor, not a data controller.

(D) Subprocessors. To support Vertigrow in delivering the Services, Vertigrow engages third-party service providers as sub-processors. This Section 8(D) identifies our sub-processors, describes where they are located, lists what services they provide to us, and identifies the type of personal information processed. Our business needs may change from time to time and Vertigrow will periodically update this page to provide notice of additions and removals to our list of sub-processors.

Service Provider	Types of PI processed	Processor Activities	Location
Digital Ocean	● usage data ● email address ● name ● farm size ● payment plan (software options, add ons, payment frequency) ● physical address ● password for login (SHA256 encrypted) ● Farm production data (production schedules, amounts, etc.) ● farm inventory (seeds, soils, etc.) ● farm employee name, activity, etc. ● user’s customer data o name - optional o address (physical and email) – optional order contents and amounts	Cloud hosting	USA (server in Canada)
AWS	As listed above	Data backups	USA (server in Canada)
Paddle	Payment information	credit card processing	USA

 

Retention: We will keep your Personal Information for as long as it remains necessary for the identified purpose or as required by law, which may extend beyond the termination of our relationship with you.  We may retain certain data as necessary to prevent fraud or future abuse, or for legitimate business purposes, such as analysis of aggregated, non-personally-identifiable data, account recovery, or if required by law. All retained personal information will remain subject to the terms of this Privacy Policy.  If you request that your name be removed from our databases, it may not be possible to completely delete all your Personal Information due to technological and legal constraints.

Amendment of this Policy: We reserve the right to change this Privacy Policy at any time.  If we decide to change this Privacy Policy in the future,   any non-material change (such as clarifications) to this Privacy Policy will become effective on the date the change is posted and any material changes will become effective 30 days from their posting on the Website. Unless stated otherwise, our current Privacy Policy applies to all Personal Information that we have about you.  The date on which the latest update was made is indicated at the bottom of this document.  We recommend that you print a copy of this Privacy Policy for your reference and revisit this policy from time to time to ensure you are aware of any changes.  Your continued use of the Website signifies your acceptance of any changes.

Access and Accuracy: You have the right to access the Personal Information we hold about you in order to verify the Personal Information we have collected in respect to you and to have a general account of our uses of that information.  Upon receipt of your written request, we will provide you with a copy of your Personal Information although in certain limited circumstances, we may not be able to make all relevant information available to you such as where that information also pertains to another user.  In such circumstances we will provide reasons for the denial to you upon request.  We will endeavor to deal with all requests for access and modifications in a timely manner.

We will make every reasonable effort to keep your Personal Information accurate and up-to-date, and we will provide you with mechanisms to update, correct, delete or add to your Personal Information as appropriate.  As appropriate, this amended Personal Information will be transmitted to those parties to which we are permitted to disclose your information.  Having accurate Personal Information about you enables us to give you the best possible service.

Contact Us: You can help by keeping us informed of any changes such as a change of address or telephone number.  If you would like to access your information, if you have any questions, comments or suggestions of if you find any errors in our information about you, please contact our Privacy Officer, James Garel-Jones, at: hello@vertigrow.io.

Last Updated: January 31, 2023