What Personal Data we Collect
What personal data does SmartPlant collect about me?
It is very important to us that you understand what personal data we collect about you, how we collect it, and why it’s necessary.
We collect your personal data in the following ways:
1. Personal data collected when you sign up for the SmartPlant Service - when you sign up to the SmartPlant Service, we collect certain personal data so you can use the SmartPlant Service.
2. Personal data collected through your use of the SmartPlant Service - when you use the SmartPlant Service, we collect personal data about your use of the SmartPlant Service such as what plants you have and what plants you are interested in.
3. Personal data collected that enables us to provide you with additional features/functionality - from time to time, you may also provide us with additional personal data or give us permission to collect personal data e.g. to provide you with more features or functionality. These are the Voluntary Mobile Data, Payment Data, Contests, Surveys and Sweepstakes Data, and Marketing Data categories. You will always have the option to change your mind and withdraw your permission at any time.
Why we Collect Personal
Why does SmartPlant collect and use this personal data?
We collect and use your personal data for the following reasons:
•to provide, personalize, and improve your experience with the SmartPlant Service and other services and products provided by SmartPlant;
•to understand how you access and use the SmartPlant Service to ensure technical functionality of the Service, develop new products and services, and analyze your use of the SmartPlant Service;
•to communicate with you for SmartPlant Service-related purposes;
•to process your payment to prevent or detect fraud, including fraudulent payments and fraudulent use of the SmartPlant Service;
•to communicate with you, either directly or through one of our partners, for:
How we Protect your Personal Data
How does SmartPlant protect my personal data?
We are committed to protecting our users’ personal data. We implement appropriate technical and organizational measures to help protect the security of your personal data; however, please note that no system is ever completely secure.
Your password protects your user account, so we encourage you to use a unique and strong password, limit access to your computer and browser, and log out after having used the SmartPlant Service.
Privacy & Terms
THIS USER AGREEMENT (INCLUDING ANY DOCUMENTS REFERENCED HEREIN, THIS “AGREEMENT”) DESCRIBES THE TERMS AND CONDITIONS UNDER WHICH GARDEN COMPASS LTD. OFFERS YOU AN ACCOUNT (THE “ACCOUNT”) FOR USE OF THE GARDEN COMPASS SERVICE (THE “SERVICE”). BY COMPLETING THE REGISTRATION PROCESS ON OUR WEBSITE LOCATED AT ANY OF THE FOLLOWING DOMAINS:SMARTPLANTAPP.COM, OR BY DOWNLOADING MOBILE CONTENT TO A MOBILE DEVICE, AND YOU AGREE TO BE BOUND BY THE TERMS AND CONDITIONS OF THIS AGREEMENT.
1. Eligible Subscribers. By accepting these terms, you confirm that you are 13 years of age or older, and have the consent of the subscriber of a participating mobile communications carrier to sign-up and use the Garden Compass service on behalf of the subscriber.
2. Fees and Payment Authorization. NOTE: THIS SECTION 2 APPLIES ONLY IF YOU HAVE INFORMATION DELIVERED TO YOUR CELLULAR PHONE, PAGER OR OTHER WIRELESS DEVICE OR IF YOU DOWNLOAD INFORMATION FROM YOUR CELLULAR PHONE, PAGER OR OTHER WIRELESS DEVICE. Your wireless service provider or pager company may charge you (i) a fee for the ability to receive text messages, or a per message fee for the delivery (or attempted delivery) of text messages to your cellular phone or pager, (ii) airtime or other connection fees in connection with your downloading or information or messages from or uploading of information or messages to the Service, and/or (iii) roaming fees if delivery of a text message occurs outside of certain geographical areas. Before subscribing to the Service, please check with your wireless service provider or pager company about the existence of such fees. You are responsible for paying all such fees, and for any other hardware, service or other costs you incur to access your Account, plus any applicable taxes. Garden Compass users will be charged for the use of Garden Compass services through Credit Card or directly on your mobile telephone invoice, as selected by you. If you select a monthly fee subscription plan, you authorize the continued billing each month until you cancel such subscription. If you cancel your account or subscription for any reason, Garden Compass will not refund any of your fees paid to date.
3. Access to Account. When your Account is established, Garden Compass will provide you with a password unique to your Account through which you may set your user options. You may disclose the password to other people whom you want to have access to use your Account on your behalf, but you will be fully responsible for all charges and liabilities incurred by their use. You will also be fully responsible for any charges and liabilities incurred through use of the Service or your Account by anyone who obtains this password as a result of your negligence, until you notify Garden Compass’ customer service at firstname.lastname@example.org. In Addition, Garden Compass may temporarily disable access to your Account if you report unauthorized use or if usage of the Account dramatically exceeds normal usage patterns within a short time period.
4. Use of Account/Service; Privacy.
4.1 You and other users of your Account must comply with all applicable laws and regulations in using the Service. You may not use the Service for any of the following purposes or in any of the following manners:
– to impersonate or harass any other person;
– to send any information of adult nature;
– to send any information that is or the disclosure of which would libelous, abusive, threatening, false, fraudulent, misleading, or obscene; that misappropriates or infringes any person’s proprietary right (including posting any links or URLs that you do not have the right to post or disclose); that violates any persons rights of privacy or publicity; or that violates any law, statute, ordinance or regulation (including applicable export control, consumer protection, unfair competition, antidiscrimination or false advertising laws, and without limiting the foregoing you specifically agree to comply with all applicable laws regarding the transmission of the technical data exported from the United States or the country in which you reside);
– to intercept any communications not intended for you;
– to release, post, distribute or execute any viruses or other harmful computer code; or
– to engage in “spamming” or similar conduct.
4.2 Garden Compass does not control the data, information or other postings provided by other users, which is made available through the Service. You may find other user’s information to be offensive, harmful, inaccurate, or deceptive or to otherwise violate this Agreement. Please use caution and common sense when using the Service or relying on any data, information or other postings provided through the Service.
4.3. At our option and without further notice, we may use anti-spam technologies, such as automatic word and spam filters, that may terminate messages you send without delivering them or prevent messages from reaching you. You may not use the Service in a way that imposes an unreasonable or disproportionately large load (as determined by us in light of the purposes for which you are using the Service and the load imposed by other users generally) on our infrastructure or that otherwise would harm or breach our arrangements with any of our service providers.
4.5. Members who use our Services agree to accept our SMS, MMS, or email messages as part of the service. We only use these communications to inform you of new membership benefits and features, to let you know of urgent problems on our site, and to present special members-only opportunities to buy products and services that are appropriate to the interests of our users. And we keep these messages to a minimum. You can elect not to receive our messages and remove yourself from our mailing list, by replying to any message with STOP.
5.1. One feature of the Service is that you may have the ability to retrieve certain contents of informative or marketing nature including but limited to news stories and reports, weather forecasts, horoscopes, press releases, stock prices, music, sounds, software, photographs, celebrity information, celebrity photographs, games, video, audio, graphics and similar information supplied by other Garden Compass users, or Garden Compass partners (collectively, “Third Party Content”). You understand that Garden Compass has no editorial control over any Third Party Content and that Garden Compass does not guarantee the accuracy or completeness of any Third Party Content. You agree that Garden Compass will have no liability to you, or anyone else who uses your Account, with regard to any Third Party Content. You also understand that the Third Party Content is the proprietary material of Garden Compass and/or the third party that supplies it, is protected by copyright and other applicable laws, and may not be reproduced, published, broadcast, rewritten, or redistributed without the written permission of the third party that supplied it, except to the extent allowed under the “fair use” provisions of the U. S. copyright laws or comparable provisions of foreign laws. You may use Third Party Content solely for your personal, private, non-commercial use. For the avoidance of doubt, your use of the Service is under license; you will not obtain any ownership interest in any of them through this Agreement or otherwise. Garden Compass is not responsible to you for any content or materials or any other aspect of the Service that you might find objectionable.
5.2. With respect to any data, information or postings you make to or through the Service:
6. Changes to the Service or Terms. You understand that Garden Compass may, in its discretion, from time to time change, add, or remove certain features of the Service, change the pricing, or change the terms of this Agreement by informing you of the amended terms via email to the email address you provide to us or via SMS to your phone, and that, if you are dissatisfied with any such changes to the Service or this Agreement, you may cancel your Account as provided in Section 10 within 14 days from the date of such notice. In addition, Garden Compass reserves the right to discontinue the Service altogether for all users at any time in its discretion. Such amendments will be effective when sent. Alternatively, we may display the amended terms to you when you access your Account, in which case such terms shall be effective when posted. Otherwise, this Agreement may not be amended except in a writing signed by both parties.
7. Disclaimer of All Warranties. YOU UNDERSTAND AND AGREE THAT THE SERVICE IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. GARDEN COMPASS AND ITS SUPPLIERS MAKE NO WARRANTY THAT THE SERVICE WILL MEET YOUR REQUIREMENTS OR THAT USE OF THE SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE; NOR DO GARDEN COMPASS OR ITS SUPPLIERS MAKE ANY WARRANTY AS TO THE RESULTS THAT MAY BE OBTAINED FROM USE OF THE SERVICE OR THE ACCURACY, RELIABILITY OR TIMELINESS OF ANY INFORMATION OBTAINED THROUGH THE SERVICE (INCLUDING THIRD PARTY CONTENT), OR THAT ANY DEFECTS IN THE SERVICE WILL BE CORRECTED. GARDEN COMPASS AND ITS SUPPLIERS DISCLAIM ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, OR STATUTORY, REGARDING THE SERVICE, INCLUDING ANY IMPLIED WARRANTY OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT. YOU UNDERSTAND AND AGREE THAT ANY MATERIAL OR DATA OBTAINED THROUGH USE OF THE SERVICE IS AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR RESULTS OBTAINED USING ANY SUCH MATERIAL OR DATA OR ANY RESULTING DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA. SOME STATES OR JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES. THEREFORE, THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU TO THAT EXTENT, AND NOTHING IN THIS SECTION SHOULD BE CONSTRUED AS EXCLUDING OR LIMITING ANY WARRANTY BEYOND WHAT IS PERMISSIBLE UNDER APPLICABLE LAW.
8. Limitations of Garden Compass’ Liability. GARDEN COMPASS AND ITS SUPPLIERS WILL NOT BE LIABLE FOR ANY LOST DATA, BUSINESS INTERRUPTION, LOST PROFITS, OR OTHER INDIRECT, CONSEQUENTIAL, SPECIAL, OR INCIDENTAL DAMAGES OF ANY NATURE ARISING FROM OR RELATING TO YOUR USE OF THE SERVICE OR USE OF THE SERVICE THROUGH YOUR ACCOUNT BY ANYONE ELSE. GARDEN COMPASS’ TOTAL CUMULATIVE LIABILITY TO YOU AND ANY ANYONE WHO USES THE SERVICE THROUGH YOUR ACCOUNT, FOR ANY AND ALL CLAIMS UNDER ANY THEORY OF LAW (INCLUDING NEGLIGENCE), WILL NOT EXCEED THE AGGREGATE AMOUNT YOU PAID TO GARDEN COMPASS IN THE PRECEDING TWELVE MONTHS. SOME STATES OR JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF CERTAIN TYPES OF LIABILITY. THEREFORE, THE ABOVE LIMITATIONS OF LIABILITY MAY NOT APPLY TO YOU TO THAT EXTENT, AND NOTHING IN THIS SECTION SHOULD BE CONSTRUED AS EXCLUDING OR LIMITING GARDEN COMPASS’ LIABILITY BEYOND WHAT IS PERMISSIBLE UNDER APPLICABLE LAW. MOREOVER, THIS SECTION DOES NOT LIMIT GARDEN COMPASS’ OBLIGATION, IF GARDEN COMPASS MISTAKENLY OR WRONGFULLY OVERCHARGES YOUR ACCOUNT, TO REFUND THE AMOUNT OF THE OVERCHARGE.
9. Release and Indemnification.
9.1. In the event that you have a dispute with one or more users, you release Garden Compass (and our officers, directors, agents, subsidiaries and employees) from claims, demands and damages (actual and consequential) of every kind and nature, known and unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way connected with such disputes. If you are a California resident, you waive California Civil Code §1542, which says:
“A general release does not extend to claims which the creditor does not know or suspect to exist in his favor at the time of executing the release, which if known by him must have materially affected his settlement with the debtor.”
9.2. You agree to defend, indemnify and hold harmless Garden Compass and our subsidiaries, affiliates, officers, directors, agents, and employees from and against any claim or demand, including reasonable attorneys’ fees, made by any third party due to or arising out of your breach of this Agreement or your violation of any law or the rights of a third party.
10. Termination of Account. You may terminate your Account, this Agreement, and your right to use the Service, at any time and for any reason or no reason, by contacting Garden Compass’ customer service at or by sending a text message with the text “STOP” to the Garden Compass shortcode, or such other number as may be designated on our Website. Notifying Garden Compass in any other way of your desire to terminate your Account may result in delays in processing your request. Garden Compass may immediately suspend or terminate your Account, and terminate this Agreement, if you breach any provision in this Agreement or if the charges to your credit card or your mobile phone bill for the fees described in Section 2 are refused for any reason. Garden Compass reserves the right to terminate your Account and this Agreement for any other reason if Garden Compass gives you at least thirty days advance notice. Upon any such termination of your Account, you will remain obligated to pay all outstanding fees and charges relating to your use of the Service before termination. Sections 4, 5, 7, 8, and 10 will remain in effect notwithstanding the termination of your Account or this Agreement.
11. Miscellaneous. This Agreement will be governed by the laws of the State of California as such laws apply to agreements between California residents performed entirely within California. The United Nations Convention on Contracts for the International Sale of Goods is expressly disclaimed. If any provision of this Agreement is invalid or unenforceable under applicable law, such provision will be deemed modified to the extent necessary to render such provision valid and enforceable and the other provisions of this Agreement will remain in full force and effect. As used in this Agreement, “including” means “including but not limited to.” This document and the pages referred to herein represent the entire agreement governing your use of the Service and supersede any prior or contemporaneous written or oral statements by Garden Compass or its representatives or resellers. This Agreement may not be amended except as provided in Section 6.
12. Contacting Us. The Services hereunder are offered by Garden Compass, Inc, 1660 Union Street, Suite 301, San Diego, CA 92101. If you are a California resident, you may have this same information emailed to you by sending a letter to the foregoing address with your email address and a request for this information. The Complaint Assistance Unit of the Division of Consumer Services of the Department of Consumer Affairs may be contacted in writing at 400 R Street, Sacramento, CA 95814, or by telephone at (800) 952-5210.
Information on how to enter and prizes form part of these Conditions of Entry. Entry into this promotion is deemed acceptance of these Conditions of Entry.
1.Entry is free and open within the UK, entrants must be aged 18 years of age and over and need to have downloaded SmartPlant and activated a free premium trial. They must have either registered Homebase as their retailer, entered their email address on the Homebase pop up advert, have scanned a Homebase plant barcode or have entered a Homebase promo code.
2. Employees and immediate families of the Promoter and suppliers, providers and agencies associated with this promotion are ineligible to enter.
3. The promotion commences 01/06/2019 and closes on 31/06/2019. Each Free Trial Activated that is associated to Homebase as the retailer is worth one entry into the draw. The Promoter, SmartPlant, reserves the right to request proof of residency at the stated address and identification for verification (to the Promoter's satisfaction in its discretion) before issuing the prize. Incomplete or incomprehensible entries will be deemed invalid. The Promoter's decision to disqualify an entry is final and no correspondence will be entered into.
4. No responsibility will be taken for lost or late entries.
5. One winner who has activated a free premium membership trial will be chosen at random on 31/06/2019. The winner will be notified by email following the selection (within 48 hours). Their name and photo may be published on and via our and our partners social networks. In the event that the prize notification email is returned as undeliverable, such prize will be forfeited and an alternate winner will be selected from all remaining (non-winning) eligible entries. Names of the winner (first name, last name and city) and photograph may also be published in the SmartPlant and partners e-newsletters.
6. If the prize remains unclaimed within a week period after the prize notification email is sent, the prize will be forfeited to an alternate winner selected from all remaining (non-winning) eligible entries.
7. The prize is an Amazon Echo Dot. The receiver of which will be chosen at random. The prize will be sent recorded delivery to the address provided by the winner. The prize has no alternative monetary value. SmartPlant reserve the right to substitute or change this prize without notice at any time. Normal terms and conditions apply.
8. The promoter will not cover postage insurance for the Amazon Alexa, but it will be sent recorded delivery and will require a signature on delivery. The Promoter will not be responsible if the winner is not available to accept delivery but will do all in its power to communicate the status of delivery information with the winner.
9. The prizes are non transferable or refundable.
10. No cash or credit alternatives will be offered.
11. The promoter of this competition is SmartPlant., Huckletree West, Mediaworks, 191 Wood Ln, London W12 7FP.
12. The Promoter accepts no responsibility for any variation in the prize value. Prize, or any unused portion of the prize, is not transferable or exchangeable for other goods or services and cannot be taken as cash.
13. The Promoter will not be liable for any loss or damage whatsoever which is suffered (including but not limited to indirect or consequential loss) or for any personal injury suffered or sustained in connection with the prize except for any liability, which cannot be excluded by law (in which case such liability is limited to the maximum extent allowable by law). The Promoter will not be responsible for any incorrect, inaccurate or incomplete information communicated in the course of or in connection with this promotion if the deficiency is occasioned by any cause outside the reasonable control of the Promoter including without limitation technical malfunctions or failures. Tax implications may arise from the receipt or use of a prize. Independent financial advice should be sought.
14. If for any reason this promotion is not capable of running as planned because of infection by computer virus, bugs, tampering, unauthorised intervention, technical failures or any other causes beyond the control of the Promoter which corrupt or affect the administration, security, fairness, integrity or proper conduct of this promotion, the Promoter reserves the right in its sole discretion to cancel, terminate, modify or suspend the promotion subject to any written directions under applicable legislation. The Promoter also reserves the right in its sole discretion to disqualify any individual who the Promoter has reason to believe has breached any of these conditions, or engaged in any unlawful or other improper misconduct calculated to jeopardise the fair and proper conduct of the promotion. The Promoter's legal rights to recover damages or other compensation from such an offender are reserved.
15. The Promoter is not responsible for any problems or technical malfunction of any telephone network or lines, computer on-line systems, servers, or providers, computer equipment, software, technical problems or traffic congestion on the Internet or at any website, or any combination thereof, including any injury or damage to participants or any other person's computer related to or resulting from participation in or down-loading any materials in this promotion.
16. All entries and any copyright subsisting in the entries become and remain the property of the Promoter. The Promoter collects contact information about entrants in order to contact them about the promotion and where appropriate award prizes and may also use the information to assist the Promoter in improving goods and services and to contact entrants in the future with special offers via any medium including mail and commercial electronic messages. If you do not provide the information, you cannot participate.
17. The UK laws apply to this promotion to the exclusion of any other law.
18. SmartPlant reserves the right to substitute a prize of at least equal value in the event of unavailability, for whatever reason, of the advertised prize. Should the value of any prize be less than the value stated, the difference will not be awarded in cash or in kind.